Town of Hyde Park, NY Article IV Average Density and Conservation Subdivisions

§ 96-9 Average density subdivisions.

The Planning Board is authorized to approve average density subdivision for parcels in all districts. In addition, the Planning Board, at its discretion, may recommend said average density subdivisions to be clustered on a particular parcel, lot, or subdivision as described herein. This section supersedes § 278 of the Town Law pursuant to the Town's authority in § 10 of the Municipal Home Rule Law.

A. Purpose. The purpose of average density development is to preserve tracts of intact open space in order to maintain the rural appearance and environmental resources of the Town of Hyde Park. Conventional subdivisions consume open space without setting aside land as permanently protected open space, and create additional Town expense in the cost of maintaining lengthy Town roads.

B. Characteristics of average density development. Average density subdivisions allow dwelling units to be grouped on those portions of a property most suitable for development, while leaving substantial portions as undeveloped open space. Average density subdivisions also may include a variety of lot sizes, ranging from large farm or estate lots to small hamlet-size lots. Average density subdivision results in the preservation, where possible, of contiguous open space and important environmental resources, while allowing compact development, more walkable neighborhoods, and more flexibility than conventional subdivisions. Average density subdivisions must satisfy the standards set forth below.

C. Number of lots.

(1) Average density calculation. The maximum number of lots permitted in a standard average density subdivision shall be determined by dividing the total acreage of the parent parcel to be subdivided by the number of acres per dwelling unit permitted in the applicable zoning district under § 108-5.15, Schedule of Use Regulations, of Chapter 108 of the Code of the Town of Hyde Park, and rounding to the next lowest whole number. The Planning Board shall require sufficient legal assurances to prevent the future subdivision of any lot if such subdivision would reduce the average density of the subdivision of the parent parcel below the average density permitted under § 108-5.15. Thirty percent of the total acreage must be preserved as permanent open space. Such open space must be comprised of contiguous land, and must satisfy all requirements of Subsection E below.

(2) Minor subdivisions. For all minor subdivisions, the Planning Board shall require sufficient legal assurances to prevent any future subdivision which would reduce the average density of the original lot below the standards established for the district.

D. Standards for average density subdivision.

(1) Types of residential development. The allowable dwelling units in an average density subdivision may be developed as single-family, two-family, or multifamily residences, where permitted by the zoning district, provided that applicable special permit requirements are satisfied under Chapter 108.

(2) Minimum lot sizes and road frontage.

(a) There shall be no minimum lot size in a subdivision, provided that the Dutchess County Department of Health shall assure that, where on-site wells and on-site sewage treatment and disposal systems are planned, adequate minimum lot sizes are provided to assure the health and safety of the residents of the subdivision.

(b) The minimum average road frontage per lot in a subdivision shall be 70 feet, and the minimum individual lot frontage shall be 50 feet for lots which are not flag lots.

(3) Front, side and rear setbacks. Appropriate minimum setbacks in an average density subdivision will depend upon the lot sizes, the type of road frontage (state, county, Town, or private) and the character of the subdivision. Accordingly, setback requirements set forth in § 108-5.15 of Chapter 108 may be lessened by the Planning Board as part of subdivision plat approval in the interest of more tightly grouping the lots and preserving additional open space. Such altered setback requirements shall be shown in a chart on the plat.

(4) Impermeable surface coverage. The limitation on impermeable surface coverage shown on the Bulk Regulations Schedule in § 108-5.15 of Chapter 108 applies to the entire area to be subdivided, including open space areas. Individual lots may be allowed higher coverage allotments, as long as the total coverage is within the limits prescribed. Average density subdivision plats shall show on a table the impermeable surface coverage limit for each building lot in order to establish compliance with this section.

(5) Minimum preserved open space. All average density subdivisions in the Greenbelt and Waterfront Districts, excluding lot line alterations where there is no net increase in the number of lots, are required to preserve a minimum of 30% of the parcel as open space; but they are encouraged to preserve 50% of the parcel as open space. Additional requirements for preserving such open space are described below.

[Amended 5-12-2014 by L.L. No. 1-2014]

(6) Preserved open space land. Preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. Such open space may be owned by a homeowners' association, private landowner(s), a nonprofit organization, or the Town or other governmental entity, as long as it is protected from development by a conservation easement or deed restriction and note on the final plat. The required open space land may not include private yards within 50 feet of a principal structure.

(7) Mixed uses. Residential and nonresidential uses may be combined in an average density subdivision in the cores, provided that all required special permits are obtained and that the applicant complies with all residential density, impermeable surface, and open space requirements. Lot sizes and setbacks for nonresidential development shall be established at the time of plat approval based upon the type of use proposed, its space needs, and its size, scale, and impact, and shall be in compliance with the Schedule of Uses for the district as set forth in § 108-5.14.

(8) Arrangement of lots. Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian and bicycle circulation. Lots gaining access from an existing state or county highway shall comply with the minimum road frontage requirements for a conventional lot in the district as shown on the Site Development Schedule in Chapter 108.

(9) Plat detail. The plat showing the development shall include delineation of the areas within which structures may be located, the height (if known) and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and any other features required by the Planning Board.

E. Permanent open space. Open space set aside in an average density subdivision shall be permanently preserved as required by this section. Land set aside as permanent open space may be a separate tax parcel, but is not required to be. Such land may be included as a portion of one or more large parcels on which dwellings and other structures are permitted, provided that a conservation easement, or map note and deed restriction, is placed on such land pursuant to this section, and provided that the Planning Board approves such configuration of the open space as part of its subdivision 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.

(1) Conservation value of open space. The open space protected pursuant to this section should be selected to maximize "conservation value," which may include value attached to historic, ecological, agricultural, water, scenic or other resource values. Such protected open space should be contiguous. Examples of lands with conservation value include active agricultural land, large areas of contiguous mature forest, wetlands, water bodies, stream corridors and scenic areas including important vistas or viewsheds seen from public places. Land in a critical environmental area, in the Historic Overlay or Scenic Overlay District, or identified as open space worthy of preservation in the Comprehensive Plan shall be deemed to be land of conservation value.

(2) Notations on plat. Preserved open space land shall be clearly delineated and labeled on the final subdivision plat 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 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 conservation easements or restrictive covenants required to be filed to implement such restrictions.

(3) Permanent preservation by conservation easement or restrictive covenant.

(a) A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, 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. Such conservation easement shall be approved by the Planning Board. The Planning Board may require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the Dutchess County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office. In the alternative, a restrictive covenant in the deed, and a map note on the final plat, enforceable by the Town, may be substituted for a conservation easement held in common by an HOA.

(b) The conservation easement or restrictive covenant shall prohibit residential or nonresidential use of open space land (except in connection with agriculture, forestry, and recreation), and shall not be amendable to permit such use. Access roads, driveways, local utility distribution lines, trails, temporary structures for outdoor recreation and agricultural structures shall be permitted on preserved open space land, provided that they do not impair the conservation value of the land.

(4) Ownership of open space land.

(a) Open space land may be owned in common by a homeowners' association (HOA), dedicated to Town, county, or state governments, transferred to a nonprofit organization acceptable to the Planning Board, held in private ownership, or held in such other form of ownership as the Planning Board finds adequate to properly manage the open space land and to protect its conservation value.

(b) If the land is owned in a HOA, such HOA shall be established in accordance with the following:

[1] The HOA must be established before the final subdivision plat is approved, and must comply with all applicable provisions of the General Business Law.

[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, private roads, 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 private roads.

[5] Property owners must pay their pro rata share of the costs in Subsection E(4)(b)[4] above, and the assessment levied by the HOA must be able to become a lien on the property.

[6] The HOA must be able to adjust the assessment to meet changed needs.

[7] The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, of 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.

[8] 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.

[9] The attorney for the reviewing board shall find that the HOA documents presented satisfy the conditions in Subsection E(4)(b)[1] through [8] above, and such other conditions as the Planning Board shall deem necessary.

(c) Maintenance standards.

[1] Preservation standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to ensure that the open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials.

[2] If the Town Board finds that the provisions of Subsection E(4)(b)[9] above are being violated such that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on such property or properties.

F. Cluster subdivisions. The Town Board, by adopting this regulation, delegates its authority to the Planning Board to require and approve the clustering of subdivisions in the Town of Hyde Park. The Planning Board is hereby authorized to vary lot areas and dimensional requirements pursuant to § 281 of the New York State Town Law and the section of this article of the Town of Hyde Park Town Code.

(1) In accordance with the procedures, standards and conditions hereafter specified, the Planning Board may, in approving a subdivision plat under the Town of Hyde Park subdivision regulations, permit cluster subdivisions as authorized by § 281 of the Town Law of the State of New York. All requirements of this article are in addition to other requirements applicable in the district in which the subdivision is to be located, except as such requirements are modified by this article.

(2) Option to require cluster subdivision. If the Planning Board finds that environmentally or visually sensitive lands or historically significant resources would be adversely affected by a conventional subdivision layout, the Planning Board may require an applicant for subdivision approval to apply for a clustered subdivision under this article in order to protect these resources from such adverse effects. The criteria for clustering include, but are not limited to, the following:

(a) Steep slopes (i.e., those in excess of 15%).

(b) Erosive soils (as defined by the Soils Conservation Services).

(c) Rock outcrops.

(d) NYS Department of Environmental Conservation or US Army Corps of Engineers designated wetlands or Federal Emergency Management Agency one-hundred-year floodplains.

(e) Significant viewsheds.

(f) Other items as directed by good planning criteria.

(3) The application shall accomplish one or more of the following open space purposes:

(a) The preservation of land as unsubdivided and undeveloped open space which preserves or enhances the appearance, character or natural beauty of an area.

(b) The preservation of land for park, wildlife habitat and recreation purposes.

(c) The preservation of land for purposes of conserving natural resources.

(d) The preservation and protection of particular areas and terrain having qualities of natural beauty or historic interest.

(e) The protection of streams, rivers, freshwater wetlands and ponds so as to avoid flooding, erosion and water pollution.

(f) The modifications result in design and development which promotes the most appropriate use of land, facilitates the adequate and economical provision of streets and utilities and preserves the natural and scenic qualities of open lands.

(4) In addition to the application requirements of the Town of Hyde Park Subdivision Regulations, the applicant requesting approval for a cluster subdivision under this article shall submit to the Planning Board the following:

(a) A written statement, in duplicate, describing the open space purpose(s) to be accomplished and the proposed method of preservation and disposition of the open space land.

(b) Six copies of a sketch plan meeting all of the criteria as specified in the Subdivision Regulations. This sketch shall be for the purposes of determining density.

(c) The Planning Board may request the submission of such additional information that it may deem necessary to make a reasonable decisions on the application.

(5) The permitted number of dwelling units shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations, the Dutchess County Department of Health regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by said Planning Board.

(6) Detached dwelling units shall be permitted in cluster subdivisions in the residential districts, subject to the standards of Subsection F(5) of this section. Attached dwelling units shall be permitted in cluster subdivisions in the Neighborhood, Neighborhood Core, Hamlet, Hamlet Core and Landing Districts, as well as any other district allowed at the discretion of the Planning Board.

§ 96-10 Conservation design subdivisions.

Within the Greenbelt and Waterfront Districts, the Planning Board may encourage the preservation of large tracts of open space by affording landowners flexibility in road layout and design (including the use of unpaved private roads) and road frontage requirements, provided that such landowners permanently preserve significant open space resources. The following standards shall be applied by the Planning Board in reviewing applications for a conservation design subdivision.

A. Purpose. Conservation design subdivisions are very low density subdivisions in which the average lot size is 10 acres or more. These help to preserve open space by keeping large amounts of land undeveloped. As an incentive to creating such subdivisions in the Greenbelt and Waterfront Districts, Town road construction requirements and frontage requirements may be waived, as provided below.

B. Modification of road frontage and construction requirements. Minimum road frontage requirements and otherwise applicable road construction requirements may be modified by the Planning Board pursuant to this section, provided that all of the following requirements are met:

(1) The average lot size in the proposed subdivision is 10 acres or more.

(2) A perpetual conservation easement is placed on the land to be subdivided, to maintain its natural and scenic qualities, to restrict building in locations deemed by the Planning Board to be environmentally or visually sensitive, and to ensure that the land will not be subdivided to a density higher than that permitted in Subsection B(1) above.

(3) Adequate access to all parcels by fire trucks, ambulances, police cars and other emergency vehicles can be ensured by private roads and/or common driveways. No common driveway shall provide access to more than four lots, except as provided below. Private roads serving more than four lots shall comply with applicable private road standards in the Town's Highway Specifications.[1]

[1] Editor's Note: See Ch. A111, Road Specifications.

C. Private road requirements. The Planning Board may approve unpaved private roads to provide access to lots in conservation density subdivisions, provided that the Planning Board finds that the proposed subdivision will protect the rural, scenic and natural character of the Town.

(1) The maximum number of lots gaining access through any portion of a private road shall be 20.

(2) Written approval from the Town Superintendent of Highways and the Town's engineer shall be secured before approval of any private roads.

(3) An HOA must be created to own and provide for the perpetual care and maintenance of the private road. Such HOA shall meet all requirements for an open space HOA set forth in § 96-9. The HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The HOA shall ensure that the road will always be maintained and kept open to permit emergency vehicle access. In the event that HOA does not ensure that the road is properly maintained, the Town of Hyde Park may assume maintenance responsibilities and charge the HOA for all reasonable costs thereof. Such costs, if unpaid for more than 60 days, shall, along with attorneys' fees for their collection, become a lien on the property and enforceable in the same manner as a property tax lien. The Planning Board shall have discretion to determine whether a letter of credit or other equivalent security must be posted by the applicant to ensure the proper completion of the private road and, if so, how much the letter of credit or other equivalent security shall be and what form it shall take.

(4) The private road can only be offered for dedication to the Town of Hyde Park if it conforms to Town highway specifications for rural streets in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the road conforms to Town highway specifications. In the event such dedication becomes necessary to ensure public safety, any cost of bringing the road up to Town highway specifications shall be borne by the HOA.

(5) The lots in the conservation design subdivision shall be restricted by conservation easement or deed restriction so that they may never be subdivided beyond the number of lots permitted in § 96-10B, regardless of whether the private road remains a private road.

(6) The subdivision plat shall show the road clearly labeled "private road."

(7) Road design shall comply with the standards for private roads in this Code.

(8) The Planning Board may waive the requirement of a private road maintained by a HOA if it finds, after consulting with the attorney for the Planning Board or the Town Attorney, that a common drive maintained pursuant to a recorded maintenance agreement, executed by the applicant as a condition of subdivision approval, will provide the same protections to lot owners and the Town as would a private road owned by an HOA.