A.
Applicability. This section shall apply to all subdivisions for which
an application is submitted after the effective date of this Zoning
Law.
B.
Standards and procedures. The following table sets forth the type
of subdivision layout permitted in the applicable zoning district:
[Amended 9-16-2021 by L.L. No. 1-2021]
|
Type of Subdivision Allowed
| ||||
|---|---|---|---|---|
|
Zoning District
|
Type of Subdivision (2)
|
Conventional
|
Conservation
|
Recommended Design*
|
|
R and WP
|
Major - 30 or more lots
|
—
|
▪
|
Traditional neighborhood hamlet
|
|
Major - 15 to 29 lots
|
—
|
▪
|
Rural hamlet
| |
|
Major - 5 to 14 lots
|
□
|
▪
|
Rural cluster
| |
|
Minor - 2 to 4 lots
|
▪
|
▪
|
Rural cluster
| |
|
AG-O
|
Major - 30 or more lots
|
—
|
▪
|
Traditional neighborhood hamlet
|
|
Major - 15 to 29
|
—
|
▪
|
Rural hamlet
| |
|
Major - 5 to 14 lots
|
—
|
▪
|
Rural hamlet
| |
|
Minor - 2 to 4 lots (1)
|
▪
|
▪
|
Rural cluster
| |
|
Hamlet Districts
|
Major - 5 or more lots
|
▪
|
▪
|
To be determined by PB
|
|
Minor - 2 to 4 lots
|
▪
|
▪
|
Rural cluster
| |
|
NOTES:
| ||
|---|---|---|
|
▪
|
=
|
Permitted by right with subdivision approval.
|
|
□
|
=
|
The Planning Board may permit this type of subdivision, subject to waiver findings as per § 275-31F.
|
|
—
|
=
|
Conservation subdivision design is required.
|
|
(1)
|
=
|
The Planning Board may require a minor subdivision to be designed
as a conservation subdivision where it finds that a conventional subdivision
would have an impact on the preservation of agricultural resources,
open space or the preservation of natural resources.
|
|
(2)
|
=
|
No more than four lots may be subdivided in the form of a conventional subdivision from any "parent" parcel on the effective date of this Zoning Law. Any subsequent subdivision of land shall be designed as a conservation subdivision and adhere to the requirements of § 275-31G.
|
|
*
|
Appendix B describes the design standards for conservation subdivisions.[1]
| |
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A.
Authority. In accordance with the provisions of § 278 of
the New York State Town Law, the Town Board hereby authorizes the
Planning Board to approve a conservation subdivision simultaneously
with the approval of a plat or plats. For purposes of this Zoning
Law, a cluster development as authorized by the New York State Town
Law is referred to herein as a "conservation subdivision." The purpose
of a conservation subdivision is to enable and encourage flexibility
of design and development of land in such a manner as to preserve
the natural and scenic qualities of open lands.
B.
Purposes.
(1)
The Town of Pine Plains wishes to preserve its open space and agricultural
land, and in accordance with the principles of traditional compact
patterns of development, including building patterns exhibited in
the Town's traditional hamlets, using flexible regulations for density
and lot dimensions.
(2)
In order to increase design flexibility, two or more contiguous properties,
including parcels separated by a Town, county, state or private road,
may be grouped together as one conservation subdivision, provided
the parcels are in common ownership and are merged by deed into one
parent parcel.
(3)
A conventional subdivision is a subdivision that complies with the
minimum lot, yard, and height regulations set forth in the Table of
Bulk Regulations[1] without setting aside land as permanently protected open
space. The Town wishes to discourage this type of subdivision where
it will have a negative impact on the Town's rural and agricultural
landscape and natural resources.
[1]
Editor's Note: Table B, Table of Bulk Regulations, is included as an attachment to this chapter.
(4)
In accordance with § 275-30B, the Town requires the use of conservation subdivision design as an alternative to conventional subdivision design. A conservation subdivision allows for the preservation of contiguous open space and the protection of important, sensitive environmental features and agricultural resources, by allowing design flexibility that is not allowed for a conventional subdivision. A conservation subdivision also affords an opportunity to reduce the extent of public highway expansion and other infrastructure improvements necessary to serve the subdivision.
(5)
The application of the provisions of this section shall be guided
by the important physical, cultural, and natural features of the particular
property under review as set forth below.
C.
Number of lots or dwelling units in a conservation subdivision. The
maximum permitted number of lots or dwelling units within a conservation
subdivision shall not exceed the number that would be achieved if
the land were subdivided into lots conforming to the minimum lot size
requirement applicable to the district in which the land is situated,
which shall be computed as follows:
(1)
The maximum number of lots or dwelling units shall be determined
by one of the following methods selected by the applicant:
(a)
Yield determination without submission of a conventional plan.
[1]
Environmental constraints shall be subtracted from the gross lot area of the property as per § 275-16, Minimum lot area.
[2]
The net lot area of the property shall be reduced by 15% to
adjust for that area that would be required for streets in a conventional
subdivision and to account for irregular lots. For a minor subdivision
designed as a conservation subdivision, the Planning Board may waive
this requirement where the Board finds that a road would not be constructed
as part of a conventional subdivision plan given the limited size
of the property and number of proposed lots associated with it.
[3]
The resulting net area shall be divided by the minimum required
lot area for a single-family dwelling in the district in which the
property is located to determine the total number of lots or dwelling
units permitted. The maximum number of lots or dwelling units is referred
to as the "base residential yield."
(b)
Yield determination with submission of a conventional plan.
As an alternative to the above formula, the applicant may submit a
subdivision plat meeting all bulk requirements of the district in
which it is located as set forth in Table B of this Zoning Law.[2] The conventional subdivision layout shall demonstrate that each individual lot conforms to § 275-16, Minimum lot area.
[2]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
(2)
The base residential yield may be increased where: incentive zoning
has been approved by the Town Board; an affordable housing density
bonus has been granted; and/or preexisting lots of record have been
approved by the Town Board. All of these lots or dwellings shall be
laid out to conform to the requirements set forth in this section.
The sum of all dwellings and/or lots developed in conjunction with
a subdivision shall be the "maximum residential yield."
(3)
Where a conservation subdivision has been fully platted to accommodate
the maximum residential yield of the applicable property, a note shall
be added to the subdivision plat indicating that the lots created
represent the maximum number of lots permitted in accordance with
the applicable zoning district and these regulations and that no further
subdivision is permitted other than lot line adjustments, where allowed
by the Planning Board.
(4)
On any conservation subdivision plan, whether platted based on maximum
or partial yield, the maximum residential yield shall be noted on
the subdivision plan prior to filing in the office of the Dutchess
County Clerk.
D.
Protected open space. At least 50% of the gross area of a conservation
subdivision shall be set aside as protected open space. Large conservancy
lots of five acres or more may comprise some or all of the required
protected open space. Lots and dwellings shall be arranged to preserve
the primary and secondary conservation features of the land. No less
than 80% of a conservancy lot shall be set aside as required protected
open space.
E.
Design standards. The design of a conservation subdivision shall
be guided by the design standards set forth in Appendix B of this
Zoning Law.[3] The Planning Board may waive a design standard set forth in Appendix B where it finds that said waiver shall not have the effect of nullifying the purpose and intent of this section, the Zoning Law, and the goals and objectives of the Pine Plains Comprehensive Plan. Nothing herein shall be construed to permit a waiver of any other requirements set forth in this Article VII or the Zoning Law.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
F.
Waiver allowing a conventional subdivision layout. These waiver provisions
shall apply major subdivisions consisting of five lots to 14 lots
in the R and WP Districts, except in no circumstance shall these provisions
apply to property zoned AG-O. Conventional subdivisions shall be allowed
only upon issuance of a waiver of the requirements of a conservation
subdivision, including the design standards set forth in Appendix
B,[4] by the Planning Board. The applicant must demonstrate
to the satisfaction of the Planning Board that the conventional layout
better fulfills the policies and goals of the Pine Plains Comprehensive
Plan, compared with a conservation subdivision design for the property.
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
G.
Phasing/Partial subdivision.
(1)
When an application includes only a portion of a property, the Planning
Board may require that a sketch subdivision plan be submitted illustrating
future potential subdivision of the remaining property to ensure that
future development is consistent with the purposes of this section.
When required by the Planning Board, the applicant shall determine
the maximum residential yield of the property to avoid piecemeal design
and ensure that the subdivision shall protect the important aspects
of the property.
(2)
Where up to four lots have been subdivided from a parent parcel, i.e., a parcel in existence on the effective date of this Zoning Law, any subsequent subdivision of the remainder of the parent parcel shall be designed as a conservation subdivision in accordance with the requirements of this section. This provision shall not apply to any proposed subdivision in a Hamlet District or subdivisions of five lots to 14 lots granted a waiver in accordance with the requirements of Subsection F above. For subdivisions in the R and WP Districts granted a waiver, any future subdivision of the parent parcel exceeding 14 lots shall be designed as a conservation subdivision.
H.
Uses. Permitted, accessory and special uses shall be the same as
allowed in the zoning district in which the subdivision is located.
Except for single-family dwellings, all other uses shall meet the
requirements of this Zoning Law, including the minimum bulk requirements
set forth in the Table of Bulk Regulations.[5] The dwellings permitted may be, if requested by the applicant
and at the discretion of the Planning Board, in detached, semidetached,
attached and multifamily dwellings. Semidetached, attached and multifamily
dwellings shall meet the design requirements set forth elsewhere in
this Zoning Law.
[5]
Editor's Note: Table B, Table of Bulk Regulations, is included as an attachment to this chapter.
I.
Dimensional requirements. The following dimensional requirements
shall apply to single-family detached dwellings on conservation subdivision
lots:
(1)
Minimum lot frontage: 50 feet.
(2)
Minimum required front yard: 20 feet.
(3)
Minimum required rear yard: 40 feet.
(4)
Minimum required side yard: 15 feet.
(5)
Maximum building height: 35 feet.
(6)
Maximum impervious coverage: 35% on each individual lot.
(7)
Minimum lot area. The minimum lot area shall be the minimum necessary
to obtain Dutchess County Department of Health approval for water
supply and wastewater treatment. The Planning Board, in its discretion,
shall approve minimum lot area based on review of the subdivision
and its ability to meet the purposes of this section of the Zoning
Law.
J.
Conservation subdivision review and approval process. The following
information shall be submitted to the Planning Board:
(1)
Yield map. The applicant shall submit a map illustrating the features set forth in § 275-16, Minimum lot area, and calculations establishing the proposed maximum number of lots in accordance with Subsection C, Number of lots or dwelling units in a conservation subdivision. The Planning Board, upon review of the yield plan, shall establish the base residential yield by resolution.
(2)
Conservation resources map.
(a)
A conservation resources map shall be submitted illustrating
the following primary and secondary conservation features located
on the property, and within 200 feet of the property boundary, to
the extent said data are available in the public record for the adjoining
properties:
[1]
Primary conservation features:
[a]
Slopes of 25% or greater and ridge lines.
[b]
Surface water resources, including but not limited
to wetlands, watercourses, water bodies and the one-hundred-year floodplain.
[c]
Any habitat identified by the NYSDEC Natural Heritage
Program as critical habitat associated with any species identified
on the New York State or federal listings of rare, threatened, endangered
or special concern species.
[2]
Secondary conservation features:
[a]
Properties or features listed or eligible for listing
on national, state or local historic registers.
[b]
Scenic and recreational resources identified in
the Town's Comprehensive Plan.
[c]
NYSDEC, Dutchess County, or Town-designated critical
environmental areas, or unique natural or geological formations.
[d]
Outlines of the vegetative cover conditions on
the property, including, but not limited to: cultivated land, grassland,
old field, stone walls, hedgerow, woodland and wetland, and the actual
canopy line of existing trees and woodlands.
[e]
Existing or planned routes of trails, bikeways,
and pedestrian facilities as per comprehensive or resource plans of
local, county, state, federal or regional agencies.
[f]
Location of existing streets, buildings, utilities
and other improvements.
[g]
All easements and other encumbrances affecting
development of the subject property.
[h]
Contiguous areas in public or private ownership
set aside as open space.
(b)
In consultation with the applicant, the Planning Board shall
identify and prioritize features to be conserved. On the basis of
those priorities, and considering the context of the subdivision to
resources on adjoining properties and the applicant's development
objectives, conservation areas shall be delineated so as to set aside
at least 50% of the gross lot area of the property subject to the
application as protected open space.
(3)
Sketch subdivision plan. After Planning Board review of the conservation
resources map, the applicant shall submit a sketch subdivision plan
identifying primary and secondary conservation features, and proposed
building sites as follows:
(a)
Location of building sites. Building envelopes shall be located
within the potential development area. The Planning Board may require
that building envelopes be set back a minimum distance from a primary
conservation area or secondary conservation area to protect said resource.
(b)
Align streets and trails. Lots shall be logically arranged to
allow adequate vehicular access to a street, complying with the standards
identified herein and bearing a logical relationship to topographic
conditions. Disturbances to wetlands and slopes exceeding 25% shall
be avoided to the maximum extent practicable. Street connections to
adjoining properties are encouraged to reduce the introduction of
dead-end roads wherever possible. However, the Planning Board may
permit a cul-de-sac where it finds that a cul-de-sac is requisite
to the preservation of open space and is necessary to avoid construction
of an excessive length of road. All requirements of the Town of Pine
Plains Highway Specifications, as may be revised from time to time,
shall be met.
(c)
Lot lines shall be drawn to define individual lot boundaries.
(d)
The sketch subdivision plan shall demonstrate compliance with
the subdivision design standards set forth in Appendix B of this Zoning
Law[6] unless the standards have been waived by the Planning Board in accordance with Subsection E of this section.
[6]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4)
A preliminary plat shall be submitted following Planning Board review and endorsement of the sketch subdivision plan. Endorsement of the sketch subdivision plan shall not be deemed to be approval of the preliminary or final subdivision plan. All other procedures and submission requirements of Chapter 230, Subdivision of Land, related to preliminary and final subdivision plat approvals shall be followed.
A.
Permanent protection. All open space land required to be protected
by this Zoning Law shall be permanently restricted from future subdivision
and development other than those limited activities that are found
to be consistent with the intent of protecting open space. No development
shall be permitted in the protected open space land except as otherwise
approved by the Planning Board in accordance with this section, the
subdivision regulations,[1] and other sections of this Zoning Law. Land required to
be permanently protected as open space shall be protected by a perpetual
conservation easement authorized under Article 49, Title 3, of the
Environmental Conservation Law or § 247 of the General Municipal
Law. Such easement shall be granted to a qualified not-for-profit
conservation organization acceptable to the Planning Board or to the
Town, with the approval of the Town Board. Other instruments, such
as deed restrictions, acceptable to the Town Attorney, may also be
used to protect open space in the event there is no available grantee
qualified and willing to hold a conservation easement. Regardless
of the method chosen, the permanent preservation of such open space
shall be legally assured to the satisfaction of the Planning Board
and the Town Attorney. In the event that the conservation easement
is granted to a not-for-profit conservation organization, the Town
shall be granted third-party enforcement rights to enforce the terms
of the easement.
B.
Ownership. Unless indicated otherwise, the following methods may
be used, either individually or in combination, for ownership of open
space land and/or common facilities: fee simple dedication to the
Town; a bona fide not-for-profit conservation organization or land
trust; homeowners' association; or non-common private ownership in
the case of a conservancy lot.
C.
Ownership methods described. Common facilities and protected open
space land shall only be transferred to another entity as permitted
under this section. Each deed to each lot sold shall include by reference
all recorded declarations, such as covenants, restrictions, easements,
charges and liens, dedications and other restrictions, including assessments
and the provision for liens for nonpayment of such. Any such legal
instruments shall also be noted on any site plan or subdivision plat
to be filed in the office of the Dutchess County Clerk. Proof of filing
of the legal instruments established to protect the open space shall
be provided to the Town Attorney, who shall review and approve said
legal instruments prior to filing or simultaneously with the filing
of any final plan. Ownership options are as follows:
(1)
Fee simple dedication to the Town. The Town may, but shall not be
required to, accept any portion of the protected open space land and/or
common facilities that the applicant may wish to offer, provided that
the Town agrees to, and has access to maintain, such land and/or facilities.
(2)
Homeowners' association (HOA). Common facilities and protected open
space land may be held in common ownership by a homeowners' association,
subject to all of the provisions for homeowners' associations set
forth in state statutes and subject to the following provisions:
(a)
The HOA shall be established as an incorporated, not-for-profit
corporation operating under recorded land agreements through which
each lot owner and any succeeding owner is automatically a member
and each lot is automatically subject to a charge for a proportional
share of the expenses for the corporation's costs.
(b)
Title to all common property and protected open space shall
be placed in the HOA or definite and acceptable assurance shall be
given that it automatically will be so placed within a reasonable
period of time, in no instance more than one year from issuance of
a building permit.
(c)
Each lot(s) owner shall have equal voting rights in the association
and shall have the right to the use and enjoyment of the common property.
(d)
Once established, all responsibility for the operation and maintenance
of the common property and protected open space approved at the time
of site plan or final subdivision approval shall lie with the HOA.
Under no circumstances shall said association approve any alteration
or use or construction of structures in the common areas except in
accordance with the plans approved by the Planning Board.
(e)
Dedication of all common property and protected open space shall
be recorded on the site plan or subdivision plat and by reference
made on the plans to such a dedication in a separately recorded document.
Resubdivision of such area is prohibited. The dedication shall include,
among other provisions:
[1]
Reserve the title of the common property for the homeowners'
association free of any cloud of implied public dedication, except
that in the event that the HOA ceases to exist or to function as an
entity, the HOA documents shall provide that such property is subject
to an offer of dedication to the Town, subject to the provisions of
the conservation easement.
[2]
Commit the developer to convey the areas to the homeowners'
association at any approved time.
[3]
Grant easements of enjoyment over the area to the lot owners.
[4]
Give to the homeowners' association the right to borrow for
improvements upon the security of the common areas.
[5]
Give to the homeowners' association the right to suspend membership
rights for nonpayment of assessment or infraction of published rules.
[6]
A homeowners' association shall be perpetual and shall purchase
insurance, pay taxes, specify in its charter and bylaws an annual
homeowners' fee, provide for assessments and establish that all such
charges become a lien on each property in favor of said association.
A homeowners' association shall have the right to proceed in accordance
with all necessary legal action for the foreclosure and enforcement
of liens, and it shall also have the right to commence action against
any member for the collection of any unpaid assessment in any court
of competent jurisdiction.
(f)
Whenever a HOA is proposed, the Town Board shall retain the
right to review and approve the organizational and governance documents
of said association and to require whatever conditions it shall deem
necessary to ensure that the intent and purpose of this section are
carried out.
(3)
Private conservation organization, land trust. With approval by the
Planning Board, an owner may transfer fee simple title of required
protected open space land to a private, nonprofit conservation organization
qualified to own and manage the land.
(4)
Private ownership of a conservancy lot.
D.
Public use easements. The Town may, but shall not be required to,
accept an easement for public use of any portion of the required protected
open space land or facilities which may be offered by the applicant.
In such cases, the land and/or facility shall remain in the ownership
of the homeowners' association, private conservation organization
or conservancy lot owner while the Town holds the easements. A satisfactory
maintenance agreement for the land and/or facility shall be reached
between the owner and the Town.
E.
Maintenance.
(1)
Unless otherwise agreed to by the Town Board, the cost and responsibility
of maintaining common facilities and required protected open space
land shall be borne by the owner.
(2)
The applicant shall, at the time of site plan or final plan application
submission, provide a plan for maintenance of required protected open
space lands and operation of common facilities in accordance with
the following requirements:
(a)
The plan shall define ownership.
(b)
The plan shall establish necessary regular and period operation
and maintenance responsibilities for the various kinds of open space
such as lawns, playing fields, meadow, pasture, cropland, and woodlands.
(c)
The plan shall estimate staffing needs, insurance requirements,
and associated costs, and define the means for funding the maintenance
of the protected open space land and operation of any common facilities
on an ongoing basis. Such funding plan shall include the means for
funding long-term capital improvements as well as regular yearly operating
and maintenance costs.
(d)
Any changes to the maintenance plan shall be approved by the
Planning Board and said requirement shall be provided for in the conservation
easement.
(3)
The conservation easement for the protected open space land shall
provide that the holder and/or the Town may enter the premises, after
notice, and failure of the property owner to comply and take corrective
action, including necessary maintenance in accordance with the plan.
The easement shall further provide that the costs of such corrective
action are the responsibility of the property owner or the entity
responsible for carrying out the maintenance plan and shall include
administrative costs and penalties. Such costs shall become a lien
on said property. Notice of such lien shall be filed by the Town in
the office of the County Clerk. The Town or the holder will have,
through the easement, the right to enforce the easement as provided
in Article 49, Title 3, of the State Environmental Conservation Law
or § 247 of the General Municipal Law. The Town or other
holder shall be entitled to recover damages for violation of the terms
of the conservation easement or injury to any conservation values
protected by the easement, including, but not limited to, damages
for the loss of scenic, aesthetic or environmental values. All reasonable
costs of enforcement incurred by the Town or other holder, including
costs for restoration, shall be borne by the landowner; provided,
however, that if the landowner ultimately prevails in a judicial enforcement
action, each party shall bear its own costs.
F.
Baseline documentation; endowment for stewardship and enforcement
of conservation easement; other costs.
(1)
The applicant shall prepare a baseline document, or pay for such
preparation by the holder of the conservation easement, showing the
existing condition of the protected open space land as of the date
of the conservation easement pursuant to the regulations for such
documentation set forth in Treasury Regulations 1.170-14(g)(5)(i).
(2)
Contributions to stewardship endowment and enforcement fund. The
Planning Board, in its discretion, may require that an applicant pay
the conservation easement holder funds designed to cover the future
costs of monitoring and enforcing the conservation easement to ensure
compliance with its terms. Such funds shall be kept in segregated
accounts for such purposes and the amounts shall be established based
upon the projected future costs of monitoring, administration, and
enforcement, as well as consideration of prevailing rates for such
endowments and enforcement funds required in connection with easements
donated to land trusts in the general vicinity. In establishing such
payments, consideration shall also be given to the amount of development
permitted within close proximity to the protected land.
(3)
Where the required open space land is located on conservancy lots
or in close proximity to permitted development areas, the applicant
may be required to deposit funds into an escrow account which may
be drawn upon to ensure that owners of private lots do not encroach
into the land protected by the conservation easement.
(4)
Where improvements will be made within the open space land, which,
if left incomplete, may create a nuisance, safety hazard, environmental
damage, or aesthetic blight, the Planning Board may require the posting
of a bond or other form of security to ensure completion of such improvements.
G.
Marking of conservation easement boundaries. In order to facilitate
compliance with the provisions of a conservation easement, the Planning
Board shall require physical marking in the field of the boundaries
of the land area protected by the conservation easement, using methods
such as fencing, concrete markers, or hedges, as appropriate to site
conditions and consistent with the conservation purposes of the easement.
In the R and WP Districts, a lot in existence on the effective
date of this Zoning Law that is less than 10 acres in net lot area
may be subdivided so as to create one additional lot, provided the
following requirements are met:
A.
The minimum net lot area of each lot created shall be one acre.
B.
The lot is legally in existence and meets all other bulk dimensions set forth in the § 275-15 schedule of bulk requirements for the applicable zoning district.[1]
[1]
Editor's Note: See the Table of Bulk Requirements included as an attachment to this chapter.
C.
The lot meets all Dutchess County Department of Health regulations
for public water supply and wastewater treatment (septic) systems.
D.
The lot is used for a single-family or two-family dwelling.
E.
A note shall be placed on the map that no further subdivision of
the lots shown thereon is permitted.
A.
Purpose. The purpose of this section is to encourage the elimination
of lots of record created pursuant to subdivisions approved by the
Planning Board prior to the enactment of this Zoning Law which are
made nonconforming by this Zoning Law, and to encourage the replatting
of those lots as part of new subdivisions which adhere to the requirements,
and purposes, of this Zoning Law.
B.
Power of Town Board. The Town Board shall have the authority, upon
application of a property owner, to grant a density credit of one
dwelling for each existing lot of record upon the following terms
and conditions:
(1)
The existing lot is part of a subdivision plat approved by the Town
of Pine Plains Planning Board in accordance with the Town of Pine
Plains Subdivision Regulations in existence at the time of the approval,
and after the approval the subdivision plat was filed in the office
of the Dutchess County Clerk in a timely manner pursuant to the requirements
of the Town Law.
(2)
The lot within the previously approved subdivision does not conform
to the bulk requirements of the zoning district in which it is located,
as prescribed by this Zoning Law.
(3)
The lot is reconfigured or subsumed by a new subdivision application which achieves the design standards and intent set forth in this Article VII, including Appendix B of this Zoning Law.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(5)
The density credit will be in addition to the density which the property owner would be entitled to by application of the provisions of Article IV and Article VII of this Zoning Law, and any density bonuses which the property owner may be entitled to by application of § 275-22, § 275-23 and § 275-28E of this Zoning Law. However, the land area comprising the existing subdivision lots of record shall not be included in determining the base residential yield of any subdivision of which it is a part.
[Amended 9-16-2021 by L.L. No. 1-2021]
C.
Procedure. An applicant for a subdivision shall submit an application to the Town Board for this density credit simultaneously with the application for the subdivision, or simultaneously with the petition for zoning, pursuant to § 275-28 of this Zoning Law, as the case may be.
[Amended 9-16-2021 by L.L. No. 1-2021]
(1)
The application shall be on a form provided by the Town Clerk and
shall specify the density credit being applied for, and provide all
documentation, facts and circumstances which support the granting
of such density credit.
(2)
If the application is in conjunction with a subdivision application,
the applicant shall provide a copy of the subdivision application
to the Town Board. The Town Board shall refer the density credit application
to the Planning Board for a written report and recommendation. The
Planning Board shall issue its report and recommendation for approval,
denial, or approval in part of the applicant's request for credit
within 30 days of the date of its receipt of the referral from the
Town Board in the case of a subdivision application. Failure of the
Planning Board to issue its report and recommendation within the time
periods prescribed shall be deemed to be an approval by the Planning
Board of the applicant's request for credit.
(3)
The Town Board shall hold a public hearing in conjunction with the
application for credit and shall comply with the public hearing and
notice requirements prescribed in the Zoning Law and Subdivision Regulations
for subdivision application hearings.
D.
Decision of Town Board.
(1)
The
Town Board, after receipt of the report and recommendation of the
Planning Board, if such report and recommendation is submitted, and
after the conduct of the public hearing, shall determine whether to:
(2)
In
making its determination, the Town Board shall consider if, on balance,
the grant of the credit, in whole or in part, will result in land
development more beneficial to the Town than land development that
could occur in conjunction with the original subdivision approval.
