Beekman City Zoning Code
ARTICLE VII
Supplementary Regulations: Open Space and Public Facilities
§ 155-54 Conservation subdivision.
A.
Purpose and intent.
(1)
To promote the health, safety and general welfare of the Town of Beekman and preserve open space, it is the policy of the Town of Beekman to encourage conservation development. Specific objectives of a residential conservation subdivision development are to incorporate flexibility and innovation in design and development of land in such a manner as to promote the most appropriate use of land; achieve greater variety in the type, design and layout of buildings; maintain the natural and scenic qualities of the Town of Beekman; preserve areas of ecological and historical significance; and minimize the amount of land required for roads and utilities.
(2)
To fulfill the above purposes, and to preserve environmental, visual and historically significant resources that are important to the community's well-being (including but not limited to wetlands, steep slopes, stream corridors, prime farmlands, ridge tops, erosive soils and scenic landscapes), the Planning Board may require an applicant for subdivision approval to apply for a residential conservation development under this section in order to protect such resources from the adverse effects resulting from a conventional subdivision layout.
B.
Permitted uses. The following uses are permitted in a residential conservation development:
C.
Overall residential density. A residential conservation development shall not contain a total number of dwelling units which exceeds the number which could be permitted if the land were subdivided into conventional lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is located and conforming to all other applicable requirements.
D.
Open space.
(1)
Each conservation development shall preferably result in preservation of at least 35% of the gross area of which at least 15% will be of usable open space, exclusive of streets and other paved areas, for parks, recreation, public trails, conservation, agricultural, or other open space purposes.
(2)
The open space shall have access, shape, dimensions, character, location and topography suitable for the purpose intended as approved by the Planning Board. In determining which land is to be preserved as open space, the natural and scenic qualities of the site shall be taken into consideration, as well as the ecological significance of the site and its utility as an open space.
(3)
The open space shall be shown on the plat map and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space.
(4)
If the Planning Board finds that part of such open space is of such size, location, shape, topography and general character as to be useful to satisfy the recreational purposes of the Town, the Planning Board may require the applicant to provide 5,000 square feet of recreational area within such open space for each detached dwelling unit and 750 square feet of recreational area within such open space for each semidetached or attached dwelling unit. When the Planning Board finds that there is no such land within the open space that is of such a character as to be useful to satisfy recreational purposes, then the applicant shall pay to the Town of Beekman a recreational fee for each dwelling unit as set forth in the Town's fee schedule. The funds shall be placed in the Town's recreational fund to be used by the Town exclusively for park, playground, or other recreational purposes, including the acquisition of property.
E.
Common open space title.
(1)
Deed restriction. The applicant shall deliver to the Planning Board for its approval appropriate documents establishing deed restrictions prohibiting in perpetuity any land designated for common open space from being used for any other purpose.
(2)
Ownership of open space.
(a)
The Planning Board shall determine the ownership of the open space.
(b)
Ownership options:
[1]
Granted to the Town with the approval of the Town Board.
[2]
Granted to a qualified not-for-profit conservation organization.
[3]
Owned in common by a homeowners' association.
[a]
If it is determined that the open space is not to be granted, then the Planning Board shall require the applicant to establish a legally constituted organization for the ownership and maintenance of all common open space and any undedicated streets. This organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise.
[4]
Rules for organization. Any organization established in accordance with § 155-54E(2)(b)[3][a] above shall:
[a]
Be established before a building permit has been issued for any dwelling unit in the residential conservation development.
[b]
Make membership mandatory for each owner of a residential building and any succeeding owner.
[c]
Guarantee access to all the common open space.
[d]
Be responsible for liability insurance and maintenance of all common open space.
[e]
Require owners of residential buildings to pay their pro rata share of the costs listed above, provided that an assessment levied by the organization shall have the same force and effect as a debt or ground rent or lien against the real property.
[f]
Be able to adjust the assessment to meet changing needs.
[g]
Common open space maintenance; maintenance plan required. The documents establishing or creating such organization shall provide for a plan for the maintenance of all common open space and undedicated streets in the residential conservation development.
F.
Heights, bulk, coverage, location and land uses. In order to encourage and enable a residential conservation development of desirable and imaginative design and to maintain a flexibility of this chapter, specific controls of the height, bulk and lot coverage of buildings and the location of the various permitted land uses and public facilities are not contained in this section. Instead, it is required that all stages of a residential conservation development be developed according to a comprehensive final plan for the overall development, as approved by the Planning Board, which shall conform to the requirements of this chapter.
G.
Initial consideration.
(1)
Application for a residential conservation development shall be made to the Planning Board. A written statement by the applicant shall set forth the reasons why, in his opinion, a residential conservation development would be consistent with the objectives set forth herein.
(2)
The statement shall include a description of the proposal and the purpose to be accomplished by the plan.
(3)
The applicant shall also submit sketch layouts for both conventional subdivision and conservation development of the site. A preliminary plat subdivision layout shall also be required to enable the Planning Board to determine the number of conventional lots, which could be permitted if the land were subdivided in accordance with all applicable regulations. This preliminary plat shall conform to the submission and all other requirements contained in this chapter and Chapter 130, Subdivision of Land.
(4)
The Planning Board may at its own discretion require an applicant to submit sketch layouts for both conventional subdivision and conservation development of the site. After review of the conventional and conservation site layouts, the Planning Board may at its discretion require the applicant to provide a conservation subdivision if it is determined that the conservation subdivision would be consistent with the objectives set forth herein.
H.
Planning Board review.
(1)
The Planning Board shall study the practicality of the sketch layout, taking into consideration the declared objectives of this section and requirements of the Town. Particular attention will be given to the arrangement of lots; location, width and safety of proposed roads; topography, access, location and layout of proposed recreation sites; proposed methods of handling water and sewage disposal needs; and any requirements of the Town Comprehensive Plan.
(2)
Review of the conservation proposal will further consider the arrangement of the buildings on the site and in relation to adjacent properties and the nature of the proposed open space. The proposal must, in the Planning Board's judgment, meet the objectives of this section as set forth in § 155-54A.
I.
Town Engineer. Upon receipt of a formal application for the use of this planning concept, a set of all pertinent materials shall be forwarded to the Town Engineer and any government agency deemed necessary, for their review and recommendation.
§ 155-55 Incentive zoning.
A.
Purpose and intent. The Town Board may grant zoning incentives to property developers to encourage the provision of certain community benefits or amenities, such as parks, open space, public active and passive recreational opportunities and other physical, social or cultural benefits or amenities that are in compliance with the Town Comprehensive Plan.
B.
Incentive zoning restricted to added benefits. Incentives shall be granted only when the community benefits or amenities offered would not otherwise be required or likely to result from the applicable planning process before the Planning Board. Such benefits shall be in addition to any items that are or would be required under other provisions of this chapter or state law, including any mitigation measures required pursuant to the State Environmental Quality Review Act.
C.
Allowable benefits for which incentives may be granted. The following may be offered either on or off the site of the subject application:
(1)
Permanent conservation of natural areas or agricultural lands;
(2)
Provision of passive or active open space and related improvements;
(3)
Permanent protection of scenic views;
(4)
Public parks and recreational facilities;
(5)
Public access to waterfronts;
(6)
Public trails and trail linkages; or
(7)
Cultural or historic facilities deeded to the municipality or qualified not-for-profit agencies.
D.
Incentives permitted. The Town Board may grant the following incentives to the applicant on a specific site:
(1)
Increases in residential unit density:
(a)
The maximum number of residential dwelling units and/or lots permitted in an "incentive development" shall be the sum of the total number of conventional lots/dwelling units as determined pursuant to Subsections C and G(3) of § 155-54 herein, plus an "incentive density," which is the additional number of residential dwelling units/lots granted by the Town Board on the basis of the specific community benefits or amenities to be provided by the applicant.
(b)
Where the plat falls within two or more contiguous districts, the Town Board may approve an incentive development representing the cumulative density as derived from the summing of all residential dwelling units and/or lots allowed in all such districts together with the incentive density, and may authorize actual construction to take place in all or any portion of one or more such districts.
(3)
Any other waivers of provisions of this chapter as deemed necessary and appropriate by the Town Board for the achievement of the community benefit or amenity.
E.
Procedure and criteria for approval.
(1)
Authorization of zoning incentives is subject to approval by the Town Board upon referral from the Planning Board prior to the grant of preliminary plat or preliminary site plan approval. Applicants may seek nonbinding input from the Town Board as to whether the proposal is worthy of consideration prior to the application or at any stage of the application process prior to the formal referral of the application by the Planning Board pursuant to Subsection E(6) below.
(2)
For residential developments, applications for zoning incentives in exchange for community benefits shall be processed in accordance with the same procedures applicable to conservation development under § 155-54 herein (whether or not the incentive proposal is in conjunction with a conservation development), and shall include sketch and preliminary plat subdivision layouts for the proposed incentive development of the site.
(3)
For nonresidential developments, applications for zoning incentives in exchange for community benefits shall be processed in accordance with the site plan review procedures under § 155-59 herein, and shall include sketch plan and preliminary site plan layouts for the proposed incentive development of the site.
(4)
To evaluate the adequacy of the proposed benefit(s) to be accepted in exchange for the requested incentive(s), the following information shall be provided by the applicant with its application for subdivision or site plan approval:
(a)
A description of the proposed amenity or amenities outlining the benefits that will accrue to the community;
(b)
The economic value of the proposed amenity or amenities to the Town as compared with the economic value of the proposed incentive or incentives to the applicant;
(c)
A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal and fire-protection facilities serving or proximate to the proposed development to handle the additional demands the incentive and amenity may place on such facilities beyond the demand that would otherwise occur with conventional subdivision development; and
(d)
An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Comprehensive Plan and this chapter.
(5)
All applicable requirements of the State Environmental Quality Review Act (SEQRA) shall be complied with as part of the review and hearing process before the Planning Board.
(6)
Prior to granting approval of the preliminary plat or preliminary site plan based on an incentive proposal but after at least one hearing thereon has been held, the Planning Board shall refer the proposal to the Town Board. The Planning Board's report shall include the following:
(a)
The Planning Board's recommendations regarding the proposal, including an evaluation of the adequacy with which the benefit(s) and incentive(s) fit the site and how they relate to adjacent uses and structures, and that such benefit(s) would not otherwise result as provided in § 155-55B above. The Planning Board's evaluation shall be limited to planning, design and layout considerations or such other issues as may be specifically referred to it by the Town Board;
(b)
A SEQRA determination as to whether the proposal will have a significant impact on the environment; and
(c)
An assessment that there are adequate sewer, water, transportation, waste disposal and fire-protection facilities to serve the proposed incentive development, benefit(s) provided, and other impacted lands, and that such development will not substantially and deleteriously impact upon the development prerogatives of neighboring lands pursuant to the zoning and land use regulations then in effect.
(7)
Upon receipt of the Planning Board's referral, the Town Board shall hold a public hearing on the proposal. For Town Board public hearings on incentive zoning requests, notice of the hearing shall be published in the official newspaper of the Town at least five days prior to the date of the hearing.
(8)
For approval of an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on the application for preliminary approval pursuant to Chapter 130, Subdivision of Land, and/or § 155-59 of this chapter.
(9)
Following preliminary plan approval and subject to meeting all conditions imposed on the preliminary plan, including all conditions and documentation required by the Town Board for the incentive, the applicant may submit a final plat or plan for review and approval of the incentive proposal in accordance with Chapter 130, Subdivision of Land, or § 155-59.