Bedford City Zoning Code
ARTICLE VI
Conservation Development
§ 125-51 Intent.
It is the purpose of this article to enable and encourage flexibility of design and development of land in such a manner as to preserve its natural and scenic qualities, protect areas of meaningful ecological value, reduce flood hazards, facilitate the adequate and economical provision of streets and utilities, minimize negative environmental impacts, improve the aesthetic quality of new residential developments, expand the variety of housing opportunities, encourage the conservation of energy, increase recreational opportunities and otherwise promote the planned and environmentally desirable use of land by permitting the Town Board to authorize the Planning Board, simultaneously with the approval of subdivision plats, to modify otherwise applicable provisions of the Zoning Ordinance in accordance with the standards, conditions and limitations as set forth herein.
§ 125-52 Applicability.
The use of this conservation development procedure shall apply to lots without residence structures in the R-4A, R-2A, R-1A, R-1/2A and R-1/4A Districts which have a minimum contiguous area of 10 acres or five times the minimum lot size of the zoning district in which they are located, whichever is greater.
§ 125-53 Request; Town Board approval.
[Amended 5-7-1985; 6-7-1994]
Approval of a conservation development may be granted only upon a written request for the use of this procedure submitted by the property owner and only where the Town Board determines that, if approved, the development will comply with all requirements contained herein and will benefit the Town of Bedford by satisfying one or more of the purposes as set forth above.
§ 125-54 Development standards and controls.
Except as modified by the Town Board pursuant to the authority hereby conferred, all regulations normally applicable to residential uses in the zoning district in which the property is located shall continue to apply. In addition, the following requirements are hereby established specifically for conservation developments:
Permitted uses. The permitted uses and accessory uses permitted within a conservation development shall be the same as those permitted in the zoning district in which the property is located, except that two-family, multifamily and townhouse dwelling units are permitted.
Density.
The number of dwelling units or building lots permitted in a conservation development of detached one-family dwellings 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 normally applicable requirements of the Zoning Ordinance, Land Subdivision Regulations[1] and other related land use and development controls. The basis for this determination by the Planning Board shall be a sketch layout of a conventional subdivision prepared and submitted by the applicant, which layout shall include topographic information and such other data as may be required by the Planning Board to assist in making its determination.
Where attached dwelling units are requested, the maximum permitted number of dwelling units shall be calculated in accordance with the following formula, which formula is designed on the basis of achieving approximate population equivalency on the site, regardless of the actual mix of dwelling unit sizes selected by the applicant. For each one-family dwelling unit or building lot which could be permitted as determined above by the Planning Board, either one such unit or the following will be permitted:
One four-bedroom or larger attached dwelling unit; or
One and two-tenths three-bedroom attached dwelling units; or
One and five-tenths two-bedroom attached dwelling units; or
Two one-bedroom or smaller attached dwelling units; or
A proportionate combination of dwelling unit sizes equivalent to the above.
Density incentives. The permitted number of dwelling units as determined in § 125-54B(2) above may be increased by not more than 25% if the applicant constructs the additional units as middle-income dwelling units for sale or for rent as specified in § 125-56 of this chapter. The sale or rental of these dwelling units shall be administered by a housing agency appointed by the Town Board pursuant to § 125-56 herein.
Maximum density. Under no circumstances shall the density of a conservation development exceed four dwelling units per acre.
Dwelling unit mix. A mixture of dwelling unit sizes shall be required in each conservation development that contains attached dwelling units. In such developments, no more than 50% of the dwelling units shall be of one of the types listed in § 125-54B(2) above.
Dimensional requirements.
The front yards of all buildings shall be no less than 35 feet where buildings face on roads with a right-of-way width of 50 feet or more and shall be no less than 60 feet deep measured from the center line of roads with a right-of-way width of less than 50 feet.
The dimensional requirements applicable to conservation developments for building height, building coverage and impervious surface shall be the same as for the residence district in which the property is located.
Minimum side and rear yards shall be as follows:
Type of Building | Minimum Side and Rear Yard Between Buildings and Interior Lot Lines | Minimum Side and Rear Yard Between Buildings and Perimeter Subdivision Boundary | |
|---|---|---|---|
Detached dwellings | Side yard 15 feet; 2 side yards 35 feet; rear yard 40 feet | Both same as required for conventional lots in zoning district within which the subdivision is located | |
Attached dwellings | Side and rear yards both 35 feet | Both twice the side yard required for detached dwellings or conventional lots in zoning district within which subdivision is located, but in no case less than 50 feet | |
Accessory buildings | Side yard 10 feet; rear yard 10 feet | Same as for detached dwellings |
The separation between buildings containing attached dwelling units shall not, in general, be less than the height of the higher building. The Planning Board may modify this requirement where, in its judgment, adequate daylight and air circulation for each dwelling unit would require a larger separation or could be provided by a smaller separation.
Where attached dwelling units are constructed, a maximum of five such units shall be attached in any one building, and the maximum length of any such building, as measured parallel to its longest axis, shall not exceed 125 feet.
Off-street parking. Off-street parking shall be provided as required in Article X of this chapter.
Common lands and facilities. Conservation developments shall result in the permanent preservation of open space lands having meaningful scenic, ecological, environmental, flood control, recreational or similar characteristics and shall be at such location and with such access as may be determined appropriate by the Town Board for the purpose of satisfying the objectives of this Article.
Conserved land areas, and any common facilities located thereon, shall be owned and maintained by the property owner or, in the case of multiple owners, by a property owners' association established in accordance with the following requirements:
The property owners' association shall be a legal entity (including but not limited to a condominium corporation, cooperative corporation or a not-for-profit membership corporation) created by a trust agreement or certificate of incorporation, approved as to form and sufficiency by the Town Attorney and designed to assure the permanent preservation, maintenance and protection of the common lands and any improvements thereon for their intended purpose.
The property owners' association shall be subject to an agreement with the Town of Bedford providing that, in the event it, or any successor organization, shall at any time after approval of the development fail to maintain the common land or any improvements thereon in reasonable order or condition in accordance with the approved plan, the Town of Bedford may serve written notice upon such legal entity or successor organization or upon the property owners within the development, setting forth the manner in which the association has failed to maintain the common land or any improvements thereon, and said notice shall include a demand that such deficiencies be corrected within a designated time frame. If the deficiencies are not corrected within the designated time frame, the Town of Bedford, in order to preserve the taxable values of the property within the development and to prevent the common land and improvements thereon from becoming a public nuisance, may enter upon and take possession of said common land and improvements and maintain the same until such time as the Town Board shall determine that the property owners' association is ready and able to maintain the common land and improvements in proper condition. Said entry and maintenance shall not vest in the public any rights to use the common land or improvements, except when the same is voluntarily dedicated to the public by the property owners' association and the offer of dedication is accepted by the Town Board. The decision of the Town of Bedford with respect to the action described in this subsection shall constitute a final administrative subject to review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. The cost to the Town of Bedford of any such maintenance shall be assessed against the properties within the conservation development, and, in the event of the failure or refusal of any property owner to pay any such charges when due, the unpaid amount thereof shall become a lien against that person's property and, together with interest from the due date thereof, shall be included in the annual tax levy of the Town of Bedford upon such property for each such fiscal year, and the amount so levied shall be collected in the same manner as other Town taxes.
The property owners' association agreement shall require that every property owner within the conservation development shall automatically be and become a member of the association and shall be subject to a charge for a proportionate share of expenses of the association's activities, including but not limited to the maintenance and operation of the common land and improvements thereon. The charge shall be a lien upon the residential property in the event it remains unpaid by the property owner for a period of more than 60 days after assessment thereof by the governing body of the property owners' association. The obligation of each property owner to pay a proportionate share of the association's expenses may be enforced by an action in the name of the association or by the Town of Bedford as provided in Subsection H(1)(b) of this section, or in the name of both.
In general, common open space land areas shall be preserved in their natural state, and their use shall be limited to appropriate conservation and passive recreation purposes. A portion of such common open space, not to exceed 10% of the gross land area of the conservation development, may be reserved and designated for active recreation purposes, provided that the size, shape, access and location of such area(s) is approved by the Town Board. Within a designated active recreation area, there may be located swimming pools, ball fields, facilities for court games, clubhouses, playground equipment and so forth, provided that the use of all such facilities shall be limited to the residents of the conservation development and their guests, and further provided that such facilities shall be subject to site plan approval by the Planning Board.
The permanent preservation of common open space lands and facilities for their intended purpose shall further be legally assured to the satisfaction of the Town Board and the Town Attorney by the filing of appropriate covenants, deed restrictions, easements or other forms of agreements. The permitted uses within such areas shall be limited to those specifically approved by the Town Board and shown on the subdivision plat, plus uses customarily incidental and accessory thereto. Subsequent to the approval of the subdivision plat, the uses permitted within privately owned common land areas may be modified only upon approval by the Town Board and only upon application by the entity owning such common land area. In each such case, a public hearing shall be held with the same notice as required by law for final subdivision plats. Such modification may permit a use in the same general category of uses previously approved or may allow a change in the location of a particular use from one portion of the common land area to another.
Dedication of the common land areas, including any common facilities or improvements thereon, to the common use of all property owners within the conservation development shall be recorded directly on the subdivision plat or by reference on the subdivision plat to a declaration of covenants, conditions and restrictions in a separate document recorded or to be recorded at or about the time of the filing of the approved subdivision plat. Such declaration of covenants, conditions and restrictions shall permanently grant to each property owner in common with all other property owners within such conservation development an easement in and to the common land areas and the common facilities thereon and of the use thereof.
§ 125-55 Application procedure.
Town Board action.
Applicants for conservation development approval shall be required to receive a special use permit from the Town Board pursuant to the general requirements for such permit in Article VII herein. The application for a special use permit shall include the following items:
A preliminary planning and environmental analysis of the subject property, including topography, soils, vegetation, existing structures and the site's relationship to neighboring buildings and land uses.
A sketch of the proposed conservation development concept.
A brief analysis in written/graphic form describing the planning purposes intended to be accomplished by the proposed conservation development plan, and the benefits to the Town of Bedford as well as to the immediately surrounding neighborhood of applying this approach as compared to a conventional subdivision.
The Town Board's approval, disapproval or approval with conditions shall be made with specific reference to the following areas:
Authorization of the use of conservation development requirements on the subject property by the Planning Board.
Agreement with the overall design of the conservation development proposal, including the type of buildings proposed and their general arrangement.
The general type and location of open space and the proposed method of ownership and preservation.
Planning Board action.
The Planning Board shall review the special permit application as required by § 125-59 herein. This review shall consider the following items.
To determine the maximum permitted number of dwelling units or building plots pursuant to § 125-54B herein.
To determine if the application of the conservation development procedure will benefit the Town of Bedford by satisfying one or more of the purposes as set forth herein.
To determine if the proposed conservation development concept is in accordance with all requirements of this Article.
To determine if there are alternative approaches or modifications to the proposed concept which could be implemented to further improve the design and increase the benefits to the Town of Bedford.
After special permit authorization is received from the Town Board, the Planning Board shall review the application under applicable requirements for subdivision plat approval as set forth in the Bedford Land Subdivision Regulations,[2] including applicable fees. For conservation developments containing one-family detached dwellings, the Planning Board may, as a condition of plat approval, retain site plan approval authority over each individual building lot.
Applications for conservation development which include two-family, multifamily or townhouse dwellings shall be accompanied by an application for preliminary and final site plan approval as required in Article IX of this chapter. In place of a subdivision fee, applicable fees for a preliminary and final site plan based on the proposed number of dwelling units shall be received.
The action of the Planning Board in approving a conservation development plat, whether with or without modifications, shall include approval of any site plan submitted in connection therewith, including any conditions or requirements attached thereto. Such approval shall modify the otherwise applicable provisions of this chapter, within the limitations as set forth in this Article.
§ 125-56 Middle-income dwelling units.
[Amended 10-18-1994 by L.L. No. 3-1994; 11-1-2005 by L.L. No. 12-2005; 9-4-2018 by L.L. No. 13-2018]
Distribution. Such units shall be available for sale or rental to middle-income families, as defined in § 125-3 of this chapter. Such units shall be physically integrated into the design of the development in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two-, three- or four-bedroom units in the same proportion as all other units in the development unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of Bedford.
Minimum floor area. Minimum gross floor area per dwelling unit shall not be less than the following:
Occupancy standards. In determining which dwelling units may qualify as middle-income dwelling units, the following schedule shall apply:
Number of Bedrooms | Minimum Number of Persons | Maximum Number of Persons |
|---|---|---|
Efficiency | 1 | 1 |
1 | 1 | 2 |
2 | 2 | 4 |
3 | 4 | 6 |
4 | 6 | 8 |
Maximum rent and sales price.
Determination of maximum rent and sales price; capital improvements.
In determining which dwelling units qualify as middle-income dwelling units, the monthly rent for such units shall not exceed 1.75%, excluding utilities (gas, oil and electricity), or 2%, if utilities are included, of the aggregate annual family income for a middle-income family as defined in § 125-3 of this chapter for the maximum size of family that may occupy such unit as set forth in Subsection C above. The maximum gross sales price for a middle-income dwelling unit shall not exceed two times the maximum aggregate family income above. There shall be no extra charge for minimum required facilities, such as, but not limited to, parking and recreation facilities.
The maximum price at which an owner may resell his/her/their unit will be the original sales price of the unit plus a percentage equal to the increase in the average of the median income for Town of Bedford employees for the three years leading up to and including the year of the owner's purchase and the three years leading up to and including the relevant year of sale.
For units purchased by the seller prior to December 1, 2005, additional credit for the cost of reasonable capital improvements made to the unit by the owner and still a part of the premises that would be recognized by the Internal Revenue Service in establishing the homeowner's tax basis in the unit, or its replacement as determined by the Agency-documented closing costs incurred and paid by the owner with his/her/their own funds in connection with the purchase of the unit, including, but not limited to, points, fees and other charges paid to the lender or its counsel, mortgage recording taxes, title insurance charges, title closer's gratuity, recording charges and reasonable attorney's fees. Such capital improvements must be approved by the Town Housing Agency prior to being made to receive additional credit.
In a DH Diversified Housing District Zone, the maximum price which may be charged for the 20% of the housing units designated for middle-income families shall be determined at the time such units are offered for sale by the application of a formula based upon the mortgage capacity limit of such average annual income, determined in accordance with the definition of "middle-income family" in § 125-3 herein, assuming and providing for 90% mortgage financing and a 10% equity investment by the purchasing middle-income family, a housing expense ratio of 29% and rates of interest as shall generally prevail at the time for thirty-year, zero-point mortgage loans with a one-year adjustable rate of interest (one-year ARM) as demonstrated by end loan financing commitments or proposals issued to the developer by a duly licensed institutional lender actually engaged in residential mortgage lending in the marketplace which includes the Town of Bedford. Developers shall have the capacity to ensure such an interest rate level for all required designated middle-income units so as to determine the maximum prices for such units at the time the units are offered for sale. The Town and the developer shall jointly use their best efforts to obtain third-party public and/or privately funded subsidies to reduce further the housing costs of eligible middle-income families purchasing designated units.
Middle-income families applying for either rental or for-sale middle-income dwelling units shall be selected on the basis of a lottery or another selection formula that is not based on residency or work preferences and is not based on the order in which applications are received.
Continued eligibility.
Applicants for middle-income rental units referred to in this article shall, if eligible and if selected for occupancy by the owner or manager of the development, sign leases for a term of no more than two years.
As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% the maximum then allowable, as defined in this section, and if there is at that time an otherwise eligible applicant, said resident may complete his/her/their current lease term and shall be offered a nonmiddle-income rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the middle-income dwelling unit he occupies but shall not be offered a renewal of the lease beyond the expiration of said term.
In the case of owner-occupied middle-income dwelling units, the title to said property shall be restricted so that:
In the event of any resale by the home buyer or any successor the resale price shall not exceed the then maximum sales price for said unit, as determined in accordance with Subsection D of this section; and
In the event the titled owner no longer utilizes the dwelling as his/her/their primary residence, he/she/they shall, upon notification from the Town of Bedford or the appropriate agency, either resume such use within 90 days of such notice or immediately cooperate with the resale of that unit pursuant to this Code.
Administration.
The Town Board shall establish a Town Housing Agency, which shall be responsible for the administration of the middle-income housing requirements of this section as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements.
At the time of the issuance of a certificate of compliance, the Building Inspector shall send a copy of such certificate to the Town Housing Agency, who shall then inform the applicant of the maximum rental or sales charge which may be established for the middle-income dwelling units in such development and the maximum annual gross family income for eligibility for occupancy of said units.
The Town Housing Agency shall certify as eligible all applicants for rental or sales of middle-income dwelling units and shall annually reexamine or cause to be reexamined each occupant family's income.
On or before March 30 of each year thereafter, the Town Housing Agency shall notify the owner or manager of each multifamily development containing middle-income units as to the rent, sales and income eligibility requirements for such units based upon figures derived from the preceding calendar year.
The owner or manager of such multifamily development shall certify to the Town Housing Agency on or before May 31 of each year that the current rental or sales prices of all middle-income dwelling units comply with the terms of this article.
Incentives for the development of middle-income housing units.
Planning Board assistance. When a proposed residential subdivision contains 20% or more middle-income housing units, the Planning Board may:
Consider such other forms of financial or other assistance which may be under the control of the Town or Blue Mountain;
Actively assist in obtaining financial or other assistance from federal, state or other public agencies in support of affordable housing development;
Allow the reduction of dimensional requirements by not more than 25% and an allowance for shared parking so as to reduce infrastructure costs.
Expedited project review process.
Pre-application meeting. The applicant for a development including middle-income units shall be entitled to attend at least one pre-application meeting at which representatives will be in attendance from each Town agency and staff member expected to play a role in the review and approval of the development application and construction. The purpose of the pre-application meeting will be to expedite the development application review process through:
Meeting schedule and timeline. Town agencies and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the pre-application meeting to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including middle-income housing units shall be entitled to at least one additional meeting per year with the same departments, agencies, authorities, boards, commissions, councils, or committees to review any and all items discussed at previous pre-application meetings.
Calendar/agenda priority. Town agencies with review or approval authority over applications for developments including middle-income housing units shall give priority to such applications by placing applications for all developments including middle-income housing units first on all meeting and work session calendars and agendas and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.
Reductions in development fees. The Town will waive, for developers proposing to create middle-income housing in the Town, 30% of the following categories of fees incurred or payments received by the Town that would otherwise be charged to such developers:
