A.
Chapter 260, Subdivision of Land, of the Code of the Town of Fallsburg provides for the clustering of proposed developments as authorized under § 278 of the Town Law of the State of New York. The Planning Board may approve cluster developments in all residential zoning districts according to the procedures and requirements specified below. The purpose of this provision is to allow an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands as described further below.
B.
The provisions of this section shall apply throughout the Town of
Fallsburg.
C.
In order to increase design flexibility, two or more contiguous parcels
of land, including parcels separated by a town, county, state, or
private road, may be grouped together as one cluster, provided the
parcels are in common ownership and are merged into one parent parcel.
D.
The application of these provisions shall be guided by the important
physical, cultural and natural features of the particular property
under review as follows:
(1)
Steep slopes.
(2)
Freshwater wetlands under the regulatory jurisdiction of the
New York State Department of Environmental Conservation (DEC) and/or
the United States Army Corps of Engineers.
(3)
One-hundred-year floodplains as identified on Federal Emergency
Management Agency (FEMA) maps.
(4)
Properties listed on the National and/or State Registers of
Historic Places or eligible for listing by the New York State Office
of Parks, Recreation and Historic Preservation for inclusion on such
registers.
(5)
Lands containing a farm operation within a New York State Agricultural
District or within 500 feet of lands containing a farm operation within
a New York State Agricultural District.
(7)
Recreational resources, including lakes, ponds, streams, or
other potentially significant recreational resources.
(8)
Known habitats containing endangered, threatened, or special
concern wildlife species, protected native plants, endangered, threatened,
or rare plants, or state-identified significant habitats.
(9)
Unique or unusual land forms or geological formations.
(10)
Existing or potential trails including bikeways, hiking trails
or multiuse, nonmotorized routes of local, county, state or national
significance.
A.
Submission of a cluster development. An applicant, at its discretion,
may submit a cluster subdivision application. The applicant shall
submit to the Planning Board a conservation plan, a conventional subdivision
plan, and a conceptual cluster plan with the filing of the application
for preliminary subdivision application.
B.
The Planning Board shall review the conservation, cluster and conventional
plans and shall require such other and further details for each plan
that it reasonably believes necessary to evaluate same. Until all
reasonably requested information is submitted, the application for
preliminary subdivision approval shall be deemed incomplete.
C.
Conservation value analysis and plan.
(1)
In order to determine the conservation value of open space on
a specific parcel of land, the applicant shall prepare and the Planning
Board shall review a conservation plan of such parcel. The open space
protected pursuant to this section shall have conservation value which
may include historic, ecological, agricultural, water resource, scenic,
or other natural resource value. Lands with conservation value include
scenic view corridors, agricultural land, including land with prime
farmland soils or soils of statewide importance, aquifers and their
recharge areas, ecological habitat for sensitive species, historic
buildings or landscapes, large areas or contiguous forest, ridgelines
and hillsides visible from public roads or other public areas, state
or federal wetlands, lakes, water bodies, and stream corridors. These
areas shall be mapped on a separate conservation plan which clearly
demarcates these areas.
(2)
The Planning Board shall review the conservation plan, and determine which resources are to be protected as open space. The open space is separate and in addition to any land which the Planning Board deems must be set aside for active recreation pursuant to § 260-4F of the Town of Fallsburg subdivision regulations. A minimum of 50% of the gross area of the parcel shall be set aside for conservation as part of a cluster layout. The Planning Board may waive the amount of open space to be set aside for conservation depending on the unique attributes of the parcel; however, in no event shall the amount of open space be reduced to an amount less than 35% of the parcel's gross acreage. Open space shall not be spaces in between buildings, but shall be large contiguous expanses protected by conservation easement. Open space shall not be located on more than three lots unless the Planning Board finds that the open space areas can be adequately protected where located on a larger number of lots.
D.
Review of conventional subdivision plan to determine residential
yield.
(1)
The conventional subdivision plan shall be submitted to establish the maximum number of dwellings or lots that shall be permitted on the subject property, referred to as the "residential yield." The permitted number of dwelling units in a cluster subdivision shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, the Town Subdivision Regulations, Sullivan County and New York State Department of Health regulations, and all other applicable local, state and federal laws, regulations and standards. The basis for this determination will be a conventional subdivision plat for the subject parcel showing all environmental constraints as per § 310-5.4 of this Zoning Chapter, as well as roads (including road grades), stormwater basins, required setbacks for individual wells and septic systems, and other information as may be required by the Planning Board. The Planning Board shall, by resolution, establish the maximum residential yield upon a review of the conventional plan layout. The Planning Board may waive submission of documentation of the full residential yield where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable residential yield, provided that the plat contains a notation clearly indicating the reduction in the total lot count for the remaining unsubdivided parcel.
E.
Cluster layout. If the developer chooses a cluster layout, using
the conservation plan as a basis for determining areas to be protected
as open space, the applicant shall design a cluster plan layout which
preserves the natural attributes and resources that have been prioritized
by the Planning Board as areas which shall remain as open space.
F.
Ten percent of the result in Subsection D above may be added to the unit total allowable units permitted as a density bonus if a cluster development plan is utilized rather than a conventional subdivision plan.
G.
For purposes of SEQRA, said resolution shall not be deemed to be
an action subject to SEQRA review.
A.
Allowable uses. The residential uses allowed within a zoning district shall be the same as the uses otherwise permitted by right in the district, except that a duplex development and a manufactured home development are not permitted in connection with a cluster subdivision as they are regulated under separate standards. Nothing herein shall require the Planning Board to approve a cluster development where the dwelling units are located on common land and are held on condominium ownership unless the applicable zoning district permits residential uses on common lands or in HOA ownership. The total number of dwellings shall not exceed the maximum residential density determined in § 310-14.2.
B.
Subdivision of clustered lots. No further subdivision of any lots
in the cluster subdivision shall be permitted. A map note specifying
this restriction shall be included on the final subdivision plan.
C.
A building envelope shall be established on each residential lot
and delineated on the final cluster plat. No paved areas or other
impervious areas may be created beyond the building envelope. No buildings
may be constructed beyond said building envelopes, except that the
Planning Board, in its discretion, may allow outbuildings such as
barns or sheds associated with agricultural operations to be located
in an open space area which is preserved for agricultural uses.
D.
Utilities. A cluster development may be served by private individual
wells, private individual septic systems, or by public or private
water and sewer facilities, each approved by the appropriate agency
or other entity having jurisdiction. All water, sewer and gas lines,
power, telephone, cable and other communication services shall be
installed underground in compliance with state and local regulations.
E.
Arrangement of lots and dwelling units. The following guidelines
shall apply:
(1)
Retain and reuse existing old farm roads and lanes rather than
constructing new roads or driveways. This minimizes clearing and disruption
of the landscape and takes advantage of the attractive way that old
lanes are often lined with trees and stone walls. (This is not appropriate
where reuse of a road would require widening in a manner that destroys
trees or stone walls.)
(2)
Preserve stone walls and hedgerows. These traditional landscape
features define outdoor areas in a natural way and create corridors
useful for wildlife. Using these features as property lines is often
appropriate, as long as setback requirements do not result in constructing
buildings in the middle of fields.
(3)
Avoid placing buildings in the middle of open fields. Place
buildings either at the edge of fields or in the ecologically least
significant parts of wooded areas where they will be less intrusive
to views from adjacent roads, trails or high viewpoints.
(4)
Use existing vegetation and topography to buffer and screen
new buildings if possible, unless they are designed and located close
to the road in the manner historically found in the Town. Site buildings
in groups or tuck them behind tree lines or knolls rather than spreading
them out across the landscape in a sprawl pattern.
(5)
Minimize clearing of vegetation at the edge of the road, clearing
only as much as is necessary to create a driveway entrance with adequate
sight distance. Create curves in driveways, with due regard to safety
issues, to increase the screening of buildings.
(6)
Situate buildings so that they do not protrude above ridgelines
as seen from public places and roads. Use vegetation as a backdrop
to reduce the prominence of the structure. Wherever creating vistas
is intended, open up views by selective cutting such as removal of
understory vegetation and pruning lower branches of large trees, rather
than by clearing large areas or removing large trees.
(7)
Minimize crossing of steep slopes with roads and driveways.
(9)
The required open space land may not include private yards located
within 75 feet of a principal building.
F.
Parcels in more than one district. Density calculations shall be
made separately for the portion of the parent parcel in each district.
This density may then be combined and distributed anywhere within
the parent parcel, provided that the layout and design are consistent
with the purposes of each district, the dwelling unit is permitted
in the applicable zoning district, and that dwelling units are clustered
at higher densities in the higher density district.
G.
Minimum lot area and yard requirements: one-family dwellings. In
the AG and REC Zoning Districts, the minimum lot size shall be one
acre. In the R District, the minimum lot area shall be 10,000 square
feet. In the HR District, the minimum lot area shall be 7,500 square
feet. One-family dwellings shall be located on individual lots. Larger
lot areas shall be required, where necessary, to meet applicable health
department standards for on-site water and wastewater facilities.
The minimum yard requirements for one-family dwellings on an individual
lot shall be established by the Planning Board, but shall not be less
than 1/2 the yard dimensions required for a one-family dwelling within
the applicable zoning district.
H.
Minimum lot area and yard requirements: townhouse and multifamily
dwellings.
(1)
Separation between units. A townhouse dwelling shall be located on an individual lot that shall coincide with the footprint of each dwelling. Garages shall be attached to the dwelling. Townhouse developments shall comply with the requirements set forth in Article XVIII, except that the density shall be determined in accordance with these provisions. A special use permit shall not be required. Multifamily dwellings may be located on a single lot and shall require a minimum separation distance of 31 feet of green space between buildings. The only items permitted within this separation distance are walkways, and landings or decks of less than five feet in width. No porch or similar structure shall protrude or be installed into this required separation. If fire flow calculations can be met, then the required separation distance between buildings can be reduced to a minimum of 25 feet. Any parking areas serving multifamily dwellings shall be located no closer than 50 feet to any building it serves.
(2)
Buffer requirements. A townhouse development and multifamily
development shall have a minimum front yard setback of 175 feet from
an external public right-of-way, and any existing vegetation shall
remain undisturbed within 100 feet of the road giving access to the
development. This vegetative buffer shall provide year-round screening
of the development from the public right-of-way. The Planning Board,
in its discretion, may require the vegetative buffer to be supplemented
with earthen berms, trees, shrubs, and additional landscaping to achieve
the objective of a year-round vegetative buffer in a quantity and
type to be determined by the Planning Board. The access driveway is
the only permitted installation within the one-hundred-seventy-five-foot
setback.
(3)
Any recreational area, clubhouse, or other accessory structures
associated with a townhouse or multifamily development shall be shown
on the subdivision and/or site plan, or areas on the plan shall be
reserved for such purposes, and shall be subject to Planning Board
site plan approval at such time a building permit is submitted for
their construction. Nothing herein shall be construed to allow the
deferral of any accessory improvements that the Planning Board shall
require for the operation and maintenance of the development.
I.
Building height. The Planning Board is not authorized to vary the
applicable height limitation for any buildings or structures within
a cluster development.
J.
Permanent open space in cluster developments.
(1)
Open space land. Protected open space may be included as a portion
of one or more large building lots, or may be contained in a separate
open space lot. Such open space may be owned by a homeowners' association,
one or more private landowners, a nonprofit organization, the Town
or another governmental entity, or any other appropriate entity. The
open space area, when located on individual lots to remain in private
ownership, shall be demarcated by survey markers in a form to be approved
by the Planning Board. A management plan for the open space land shall
be prepared by the applicant and submitted to the Planning Department
for filing prior to signing the final cluster plan. The open space
management plan is for purposes of documenting the location of the
open space or conservation area, and ensuring no encroachment occurs
to same except to allow those activities permitted within the easement,
e.g., agricultural operations. The following documentation shall be
included in the report:
(a)
Location map. Property shown on the Town Zoning Map or other
parcel-based map with area shown within 1,500 feet of the project
site, with the property highlighted.
(b)
Metes and bounds description.
(c)
An eleven-inch-by-seventeen-inch map or larger of the PB approved
site plan or subdivision plan illustrating clearly the conservation
easement area. The map shall show parcel boundaries, topography, wetlands,
and existing structures, if any.
(d)
An up-to-date aerial map of the property.
(f)
Photographs of the conservation easement area, keyed to the
features shown on the approved plan, shall be submitted after conservation
easement markers are installed. The baseline report shall include
compass direction and description of the photo subject. All existing
structures and the existing condition (wetland, forest, etc.) within
the open space or conservation area shall be described in a narrative,
referencing photos taken. Use of GPS for purposes of accurately identifying
locations from which photos are taken is recommended, especially where
there are few reference points, e.g., middle of woods. It is preferable
for baseline photos to be taken when snow cover is not present.
(g)
The applicant shall certify (through signature) the report as
being accurate.
(2)
Open space set aside in a cluster development shall be permanently
protected as required by this subsection. Such land may be included
as a portion of one or more large parcels on which dwellings and other
structures are permitted, provided that the Planning Board approves
such configuration of the open space as part of its approval. Any
development permitted in connection with the setting aside of open
space land shall not compromise the conservation value of such open
space land.
(3)
Notations on plat or site plan. Protected open space land shall
be clearly delineated and labeled on any final site plan as to its
use, ownership, management, method of preservation, and the rights,
if any, of the owners of other lots in the subdivision to such land.
The plat or site plan shall clearly show that the open space land
is permanently reserved for open space purposes, and shall contain
a notation indicating the liber and page of any easements required
to be filed prior to the filing of the map to implement such restrictions.
(4)
Permanent protection by conservation easement. A perpetual conservation
easement restricting development of the open space land and allowing
use only for agriculture, passive recreation, protection of natural
resources, or similar conservation purposes, may be utilized to ensure
its preservation, pursuant to § 247 of the General Municipal
Law and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law. If utilized, said easement may be granted to the
Town, with the approval of the Town Board, or to a qualified not-for-profit
conservation organization acceptable to the Planning Board. If employed,
the conservation easement shall be recorded in the County Clerk's
office prior to or simultaneously with the filing of the final subdivision
plat in the County Clerk's office or a site plan in the Planning Department.
(5)
Ownership of Open Space Land: Homeowners' Association (HOA).
(a)
If the land is owned in common by an HOA, such HOA shall be
established in accordance with the following:
[2]
Membership must be mandatory for each lot owner,
who must be required by recorded covenants and restrictions to pay
fees to the HOA for taxes, insurance, and maintenance of common open
space, common driveways, and other common facilities.
[3]
The open space restrictions must be in perpetuity.
[4]
The HOA must be responsible for liability insurance,
property taxes, and the maintenance of recreational and other facilities
and common driveways.
[5]
Property owners must pay their pro rata share of the costs in Subsection J(5)(a)[4] above, and the assessment levied by the HOA must be able to become a lien on the property.
[6]
The applicant shall make a conditional offer of
dedication to the Town, binding upon the HOA, for all open space to
be conveyed to the HOA. Such offer may be accepted by the Town, at
the discretion of the Town Board, upon the failure of the HOA to take
title to the open space from the applicant or other current owner,
upon dissolution of the association at any future time, or upon failure
of the HOA to fulfill its maintenance obligations hereunder or to
pay its real property taxes.
[7]
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against individual owners
in the HOA and the dwelling units they each own.
[8]
The attorney for the Planning Board shall find
that the HOA documents presented satisfy the conditions above, and
such other conditions as the Planning Board shall deem necessary.
(6)
Maintenance standards.
(a)
Ongoing maintenance standards shall be established, enforceable
by the Town against an owner of open space land as a condition of
approval, to ensure that open space land is not used for storage or
dumping of refuse, junk, or other offensive or hazardous materials,
or in any manner not approved by the Planning Board.
(b)
In the event that the maintenance, preservation, and/or use
of the open space area(s) ceases to be in compliance with any of the
requirements of the Zoning Chapter or any other requirements specified
by the Planning Board when approving the cluster subdivision plat,
the Town shall be granted the right to perform such maintenance as
may be necessary or to otherwise assure compliance and to charge the
cost to the responsible property owner or owners. Such charge, if
unpaid for more than 60 days, shall become a lien on the open space
area and on the lots of any lot owners who share ownership of the
open space area. Notwithstanding, the Town is under no obligation
to maintain such open space areas.
A.
Where a cluster subdivision has been designed with multiple dwellings,
a site plan shall be submitted to and approved by the Planning Board
prior to the issuance of a building permit in a cluster development.
No building permit shall be issued for any structures, uses or construction
activities other than those depicted on the approved site plan.
C.
Nothing contained in this article shall relieve the owner or his or her agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with Chapter 260, Subdivision of Land. In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas required by Chapter 260, Subdivision of Land, provided that the common area dedicated meets all other requirements of Chapter 260, Subdivision of Land.
D.
Prior to site plan approval, the developer shall file with the Planning
Board a performance bond to ensure the proper installation of all
park and recreation improvements shown on the site plan and a maintenance
bond to ensure proper maintenance of all common lands until the homeowners'
association is established. The amount and period of said bonds shall
be determined by the Town Board upon the recommendation of the Planning
Board, and the form, sufficiency, manner of execution and surety shall
be approved by the Town Attorney and the Town Board.
