Clifton Park City Zoning Code
ARTICLE III
Residential Districts
§ 208-8 Agricultural/Residential 3 Districts (R-3).
A.
General provisions. The Agricultural/Residential 3 Districts (R-3) are primarily for agriculture and nonfarm or exurban residential uses. The purpose is to provide areas within the Town for the development of very low-density residential uses appropriate with environmentally limiting conditions while protecting the rural character of these portions of the Town. Development which occurs within the district should be sensitive to the rural nature of the district and the environmental limitations of lands within the district and should preserve open space and agricultural land to the maximum extent possible. The Town has an approved agricultural district (which does not directly affect zoning). A copy of the map of this district may be reviewed in the Town Clerk's office.
B.
Permitted uses; restrictions. In Agricultural/Residential 3 Districts (R-3), no building or other structure or land shall be used and no building or other structure shall be built, altered or erected for any purpose other than that of:
(1)
(2)
A one-family dwelling and its accessory buildings.
(3)
Public utility structures.
(4)
Emergency ambulance facilities if and only as long as these facilities are under contract to the Town of Clifton Park to provide general health services to the Town.
(6)
Home occupation.
(8)
All other telecommunication towers on shared sites as in § 208-95B.
[Added 12-9-1996 by L.L. No. 11-1996]
(10)
Other uses and other buildings and structures as provided by the following sections:
(a)
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
[1]
Cemeteries.
[2]
Accessory use of a building.
[4]
Animal/veterinary office/hospital.
[5]
Excavation and removal of stone, sand and gravel.
[6]
Day-care home.
[9]
Bed-and-breakfast facilities.
[10]
Dwelling, two-family and/or semidetached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling unit as prescribed by § 208-11.
[Amended 3-3-2018 by L.L. No. 6-2018]
[a]
An in-law apartment/family member accessory apartment is not to constitute an additional dwelling unit when factoring bulk density calculations.
[11]
Church or other place of worship.
[12]
Facilities for the sale and/or consumption of farm- and country-related edible and nonedible products at farm markets. Such facilities shall be consistent with the customary activities and operations normally associated with a farm.
[13]
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, or repair shop, and subject to the provisions of § 208-79E(2).
[14]
Storage of liquefied petroleum (LP) gas in excess of 1,100 gallons.
[16]
Permanent farm labor housing. (Requires an operational, commercial farm with a minimum of 10 acres under production.) Farm workers housed under this section must be integral to farm operations in the determination of the Zoning Officer. The farm employee must be employed on an operational commercial farm, and must be integral to farm operations. Farm employees who work on agricultural operations at least 51% of the time in the year are presumed to be integral to farm operations under this section. Family members of such farm workers may occupy premises constructed under this section.
[Added 5-2-2011 by L.L. No. 11-2011]
[a]
Farm operations holding a special use permit for permanent farm housing shall certify to the Building Department that the housing units are occupied by farm employees or family members integral to farm operations, upon request from the Building Department pursuant to Subsection B(9)(a)[15].
§ 208-9 (Reserved) [1]
[1]
Editor's Note: Former § 208-9, Residential 2 Districts (R-2), as amended, was repealed 5-9-2005 by L.L. No. 5-2005.
§ 208-10 Residential 1 Districts (R-1).
A.
General provisions. Residential 1 Districts (R-1) are primarily for suburban residence uses and to accommodate relatively dense residential development at densities appropriate with environmental restrictions and which transition between the Town's primary commercial development districts and lower-density districts both in density and allowable land uses. The Town has an approved Agricultural District (which does not directly affect zoning). A copy of the map of this district may be reviewed in the Town Clerk's office. (See also Article XII, Vischers Ferry Road Corridor).
B.
Permitted uses; restrictions. In Residential 1 Districts (R-1), no building or other structure or land shall be used and no building or other structure shall be built, altered or erected for any purpose other than that of:
(1)
(2)
A one-family dwelling and its accessory buildings.
(3)
Public utility structures.
(4)
Emergency ambulance facilities if and only as long as these facilities are under contract to the Town of Clifton Park to provide general health services to the Town.
(5)
Residential cluster development, under the provisions of § 179-37 of the Code of the Town of Clifton Park.
(6)
Home occupation.
(8)
All other telecommunication towers on shared sites as in § 208-95B.
[Added 12-9-1996 by L.L. No. 11-1996]
(10)
Other uses and other buildings and structures as provided by the following sections:
(a)
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
[1]
Cemeteries.
[2]
Accessory use of a building.
[4]
Excavation and removal of stone, sand and gravel.
[5]
Day-care home.
[6]
Bed-and-breakfast facilities.
[7]
Dwelling, two-family and/or semidetached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling unit as prescribed by § 208-11.
[Amended 3-3-2018 by L.L. No. 6-2018]
[a]
An in-law apartment/family member accessory apartment is not to constitute an additional dwelling unit when factoring bulk density calculations.
[8]
Church or other place of worship.
[9]
Facilities for the sale and/or consumption of farm- and country-related edible and nonedible products at farm markets. Such facilities shall be consistent with the customary activities and operations normally associated with a farm.
[10]
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, or repair shop, and subject to the provisions of § 208-79E(2).
[11]
Storage of LP gas in excess of 1,100 gallons.
§ 208-11 Space and bulk standards.
[Amended 5-9-2005 by L.L. No. 5-2005; 3-21-2011 by L.L. No. 9-2011; 3-3-2018 by L.L. No. 6-2018; 10-18-2021 by L.L. No. 6-2021]
Space and bulk standards for residential districts shall be as follows (For CR Zone also refer to § 208-16, and for HR Zone also refer to § 208-17.):
Standards | R-3 | R-1 | CR | HR | |
|---|---|---|---|---|---|
Minimum land area per dwelling unit (square feet) | |||||
With central sewer and central water | 80,000* | 20,000 | 10,000 | 6,000 | |
With central sewer only | 90,000 | 30,000 | 20,000 | 20,000 | |
Without central water or sewer | 100,000 | 40,000 | 40,000 | 40,000 | |
Units per acre | 0.43 to 0.55 | 1.11 to 2.17 | N/A | N/A | |
Minimum width of lot at front building line (feet) | 150 | 100 | 80 | 60 | |
Front yards (feet) | 50 | 50 | 30 | 50 | |
Rear yards (feet) | 50 | 25 | 25 | 25 | |
Side yards, each (feet) | 20 | 10 | 10 | 5 | |
Minimum floor area (square feet) | 960 | 960 | 960 | 960 | |
NOTES: | |
|---|---|
a. | (See * above). In the R-3 District only, if cluster zoning is utilized, then the smallest permissible lot size with central water and sanitary sewer shall be 20,000 square feet, and the number of units per each developed parcel shall be based upon density requirements of 40,000 square feet. |
b. | Height. For each foot the height of a building or other structure exceeds 35 feet, the width of each side yard shall be increased by one foot. |
c. | The minimum width of all lots at the front building line along those streets listed in § 208-98 shall be 200 feet in all residential districts. |
d. | The above shall not apply to prevent construction of a one-family dwelling on a lot existing prior to the original date of enactment (August 8, 1967) and not adjoined at the side by other unoccupied land in the same ownership, and having an area of not less than 20,000 square feet and a width of not less than 100 feet at the front building line, for the R-3 District, and not less than 10,000 square feet and a width of not less than 60 feet at the front building line, for the R-1 District. |
§ 208-12 Accessory buildings.
A.
No detached barn, garage or other accessory building shall be placed closer to a side or rear property line than 10 feet, closer to a front property line than 80 feet or closer to a side-street line than a distance equal to 1/2 of the width of the lot at the front building line, up to a distance which need not exceed 75 feet, except that in an R-1 District (and in cluster zones where the Planning Board has not specified otherwise), the offset from the rear and side property lines shall be five feet and shall be increased by one foot for each foot the height of such building exceeds 15 feet. (See also § 208-85, Stables and riding academies.) In relation to an attached garage or carport built as a structural part of a dwelling, with or without breezeway connection, the same side and front yards shall be required as for a dwelling, and such side yards shall be measured from the outer walls or rooflines of such garage or carport. An attached garage or carport may extend into a rear yard.
B.
Private garages on steep slopes.
Where the topography is such that the slope of land exceeds 15% and, therefore, access to a private garage built back of the front building line as required by this chapter is impracticable, it shall be permissible to place such building, not exceeding 12 feet in height, within the front yard space, but not closer to the front street line of the street than 18 feet.
§ 208-13 Special parking.
In any residential district, no person, corporation or association shall cause, allow, permit or suffer any oversized vehicle registered in its name or operated by it or its agent to be parked in any manner or place upon a public street or in the street right-of-way except if such vehicle is actively assisting in an emergency, such as a fire or traffic accident, or the vehicle is in the active process of being loaded or unloaded.
§ 208-14 Other applicable requirements.
See Article XIV, Exceptions and Special Provisions, for other applicable requirements.
§ 208-15 Area, yard, height and floor area requirements for public utility structures.
[Added 4-6-1998 by L.L. No. 2-1998]
Public utility structures shall conform to the setbacks of the zone in which they are located, however minimum lot size requirements do not apply.
§ 208-16 Conservation Residential Zones.
[Added 5-9-2005 by L.L. No. 5-2005]
A.
Purpose. The district is established to provide and maintain land area to promote and support ongoing open space and agricultural uses and activities to sustain the rural character of this predominantly natural, agricultural and low-intensity residential setting. The purpose of the Conservation Residential (CR) Zoning District is to protect and enhance the rural character, the natural and scenic qualities of open space, and the agricultural heritage, while providing for well-planned new development that complements the traditional settlement pattern, and protects the health, safety, economic base and quality of life in Western Clifton Park for all of its residents.
B.
Objectives:
(1)
New development should complement and harmonize with the traditional, open, rural, wooded, agricultural, natural and environmental resources, low-intensity residential and hamlet landscapes, agricultural lands and working landscapes, and scenic views and resources as valued by the community in Western Clifton Park.
(2)
The district includes lands and resources that the community supports for permanent conservation and protection as agricultural lands and open space lands identified in the public planning process of the Clifton Park Open Space Plan, the Clifton Park Comprehensive Plan, and the Western Clifton Park GEIS. Development projects in this district should contribute to the network of Town-wide, permanently protected open space areas and habitat corridors, both within large parcels of land and among parcels throughout the Town in accordance with the open space vision and criteria set forth in the Clifton Park Open Space Plan, the Clifton Park Comprehensive Plan, and the Western Clifton Park GEIS. Thus, these agricultural and open space lands would be included as Town-wide priorities for conservation, including the application of open space amenity zoning initiatives.
(3)
Development should be sited and laid out using conservation-based design and low-impact design in support of creative solutions to minimize impacts to open space lands and agricultural lands.
(4)
Agricultural buffers are desired within the Town of Clifton Park with the intent to mitigate the potential impacts of non-farm uses and activities that could be nuisances to agriculture; and likewise, to mitigate the potential for odors, noise and other potential nuisances from agricultural and farming operations on the non-farm uses, including residential uses.
[Amended 11-4-2024 by L.L. No. 9-2024]
(a)
For all site plans, subdivision plans, and special use permits, a 250-foot minimum agricultural buffer shall be provided between a subdivision or commercial development and any existing active agricultural operation that share all or part of a common lot line with the proposed non-farm/non-agricultural development. The buffer shall be established to protect the agricultural operation from any impact from the development and to reduce the exposure of the proposed uses from odors, noise, and other potential effects associated with the agricultural operation.
(b)
Such buffers may consist of vegetative screening, woodlands, vegetated berms, fencing, or natural topographic features.
(c)
The non-farm applicant shall be responsible for providing an effective buffer, subject to approval by the Planning Board.
(d)
No residential structures, accessory residential structures, or any temporary structure shall be placed within the buffer.
(e)
An agricultural buffer is an area that may be used for active agricultural land, agricultural operations, forestry uses, permanent open space, water quality protection area, natural habitat of meadow, woodlands, wetlands, natural topographic features, existing hedgerows and stone walls.
C.
Applicability.
(1)
This Conservation Residential Zoning District applies to all parcels shown as located within the bounds of said district on the Town of Clifton Park Zoning Map.
(2)
No parcel as shown on the Tax Map of the Town of Clifton Park in existence as of March 1, 2005, may be changed or reconfigured for the purposes of avoiding the provisions of this section of the Zoning Code.
D.
Permitted uses.
(1)
The following uses are the permitted, principal uses within the CR District, except within the permanent open space:
(a)
Agricultural and forestry uses:
[1]
Farm operations.
[3]
The keeping of livestock or poultry, such as hogs, cows, horses, goats or chickens, with a lot of a minimum of five acres.
[4]
Commercial greenhouses only with a minimum of five acres.
[5]
Roadside stands or other structures for the sale of farm products with a minimum of five acres. Such facilities shall be consistent with the customary activities and operations normally associated with a farm.
[6]
Forestry uses for timber harvesting; no clear cutting.
[7]
Odors, noises, and agricultural implements or chemicals associated with approved best-agricultural-environmental management practices shall be permissible.
(2)
Allowable on the permanent open space. Within the CR District, the following uses are the permitted, principal uses allowed on any lands designated as "permanent open space." When the principal use of preserving the open space or a part thereof is the protection/buffering of natural resources, such as freshwater wetlands, aquifers, steep slopes, mature forests, wildlife habitats or stream corridors, open space uses shall be limited to those which are no more intensive than passive recreation for that approximate portion of open space which warrants protection/buffering.
(a)
Agricultural and forestry uses:
[2]
Lands reserved for agricultural purposes, but not in active production. Such lands may be required to be maintained using best-agricultural / environmental management practices.
[3]
The keeping of livestock or poultry, such as hogs, cows, horses, goats or chickens, with a lot of a minimum of five acres.
[4]
Forestry uses for timber harvesting; no clear cutting.
[5]
Odors, noises, and agricultural implements or chemicals associated with approved best-agricultural-environmental management practices shall be permissible.
(c)
Park uses:
[1]
Passive recreation area.
[2]
Active recreation area, if lands are municipally owned and dedicated public active recreation fields (no active recreation facility buildings).
[3]
Off-road, multiuse pedestrian and bicycle trails and pathways, accessible for disabled, otherwise nonmotorized uses, located within the development and creating connections (or leaving opportunities for connections) to existing or proposed pathways or trails in the Clifton Park Open Space Plan and the Clifton Park Trails Master Plan.
[4]
Public building for environmental educational uses, restrooms, and a visitors center, with a maximum of building footprint of 2,000 square feet.
(3)
Other uses and other buildings and structures, as provided by the following sections.
(a)
Only the special uses shall be considered pursuant to § 208-79 et seq.:
[2]
Large concerts, festivals, and events with potential to attract more than 1,000 people in one day.
[3]
Commercial stable.
[4]
Commercial greenhouses on less than five acres.
[5]
Animal clinic/veterinary clinic/office/animal hospital.
[6]
Tack shop.
[7]
Private, public building open to the public for agricultural education purposes, restrooms, visitors center, with a maximum of a building footprint of 2,000 square feet.
[8]
Dwelling, two-family attached or semi-detached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling and based density requirements as prescribed by § 208-16E of this chapter.
[Amended 3-3-2018 by L.L. No. 6-2018]
[a]
An in-law apartment/family member accessory apartment is not to constitute an additional dwelling unit when factoring bulk density calculations.
[10]
Home occupation
[11]
Bed-and-breakfast facilities.
[12]
Day care as a home occupation, for children or for adult day care.
[13]
Excavation and removal of stone, sand and gravel.
[14]
Accessory use of a building for nonagricultural uses.
[15]
School.
[16]
Church or other place of worship.
[17]
Cemeteries.
[18]
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, or repair shop, and subject to the provisions of § 208-79E(2).
[19]
Storage of liquefied petroleum (LP) gas in excess of 1,100 gallons.
[23]
Permanent farm labor housing. (Requires an operational, commercial farm with a minimum of 10 acres under production.) Farm workers housed under this section must be integral to farm operations in the determination of the Zoning Officer. The farm employee must be employed on an operational commercial farm, and must be integral to farm operations. Farm employees who work on agricultural operations at least 51% of the time in the year are presumed to be integral to farm operations under this section. Family members of such farm workers may occupy premises constructed under this section.
[Added 5-2-2011 by L.L. No. 11-2011]
[a]
Farm operations holding a special use permit for permanent farm housing shall certify to Building Department that the housing units are occupied by farm employees or family members integral to farm operations, upon request from the Building Department pursuant to procedures developed under this section.
E.
Standards. The following minimum standards shall apply to all parcels in the CR District:
(1)
Base density. The maximum allowable dwelling units that may be built within the CR District shall be a calculated based on the acreage of unconstrained land included in the development parcel(s). The base density of the parcel (the maximum allowable number of units) is the result of dividing the unconstrained land acreage by maximum development density as set forth herein. Applicants may round down fractional units of 0.5 or less and round up fractional units greater than 0.5.
(2)
Development options:
(a)
Development on less than 10 acres. A parcel consisting of less than 10 acres may be developed at a maximum density of one dwelling unit per three acres of unconstrained land. A parcel which is less than three acres but larger than 20,000 feet may be developed with one dwelling unit.
(b)
Development on 10 acres or more. A parcel consisting of 10 acres or more may be developed at a density of one residential dwelling unit per 10 acres, provided there is at least one acre of unconstrained land available to accommodate a residential use, including any required well and septic system. In lieu of development at said density, such parcel may be developed at a density not to exceed 0.33 unit per acre of unconstrained land, provided 50% of the area of the development site is designated as permanent open space pursuant to the other conditions set forth herein. For example, if an applicant owns a seventy-acre parcel, and 10 acres are identified as constrained, the maximum allowable density with a fifty-percent open space set aside is 20 dwelling units. This example is calculated as follows: 70 acres minus 10 constrained acres equals 60 acres of unconstrained land. This 60 acres multiplied by 0.33 results in a maximum allowable base density of 20 units. These 20 units must be placed on the unconstrained sixty-acre portion of the site in this example.
(c)
A one-time, single-lot exception is allowed, meaning a subdivision of one parcel, as it existed as of January 1, 2005, into a maximum of two lots to be used for single-family residential purposes only shall not be required to follow the conservation approach, although it is highly encouraged to be protective of the natural and cultural resources of the community. This shall only be permitted for parcels greater than 10 acres and shall only be allowed if both of the newly created lots will be initially owned by family members, at the discretion of the Planning Board. The newly created lot shall be a minimum of two acres, and all principal buildings shall have a minimum setback of 50 feet from all property lines.
(3)
Minimum permanent open space (land area).
(a)
Where permanent open space is proposed, it must include a minimum of 25% of the unconstrained land of the parcel.
(b)
For any permanent open space, the fee simple title to the permanent open space may be held privately, but for all permanent open space, the area shall be designated on the site and subdivision plat as applicable and shall be so designated on the Zoning Map of the Town of Clifton Park.
(4)
Conservation-based development design. Development of any parcels in the CR District shall comply with the requirements of this Code (conservation design layout), along with the development guidelines in the "Western Clifton Park Design Guidelines" attached hereto by reference.[1]
[1]
Editor's Note: The Western Clifton Park Design Guidelines are contained in the Western Clifton Park Land Conservation Plan GEIS, on file in the Town offices.
(6)
Minimum floor area: 960 square feet for a dwelling unit.
(7)
Minimum width of lot at front building line: 80 feet.
(9)
Minimum rear yards: 25 feet.
(10)
Minimum side yards, each: 10 feet.
(11)
Maximum permitted height: For each foot the height of a building or other structure exceeds 35 feet, the width of each side yard shall be increased by one foot.
(12)
Minimum distance for environmental features consisting of Land Conservation (LC) Zoning District conservation lands and floodplains. No residential dwelling units or on-site wastewater disposal systems shall be located within the bounds of these environmental features. No residential dwelling or wastewater disposal system shall be placed within 50 feet of a wetland meeting federal jurisdictional requirements.
(13)
Conservation design layout.
(a)
Criteria and design process for establishing the permanent open space and siting development on a parcel.
[1]
The following text outlines the procedures for conducting a conservation-based design and layout for site plans and subdivision plans in the Conservation Residential Zoning District. The conservation design layout procedure is as a four-step process designed to assist the applicant, the Planning Board and the public in preparing and analyzing the materials for site plan and subdivision applications within the Conservation Residential (CR) Zoning District.
[2]
The conservation design layout's four-step resource analysis procedure is as follows:
[a]
Develop an existing resources and site analysis plan of the natural, cultural, and scenic features.
[b]
Conduct a conservation analysis and develop the conservation concepts.
[c]
Demonstrate a proposed layout of the development concept that works with and complements the conservation concepts.
[d]
Prepare a summary preliminary plan that shows the synthesized conservation and development concepts.
[3]
The purpose of conducting such a resource analysis is for the applicant to demonstrate significant application and incorporation of the community resource values for Western Clifton Park as developed and presented in the Town of Clifton Park Open Space Plan, the Town of Clifton Park Comprehensive Plan, and the Western Clifton Park GEIS.
(b)
Step [1] Develop an existing resources and site analysis plan of the natural, cultural, and scenic features.
[1]
The purpose of this step is to analyze the unique features of the subject parcel. An existing resources and site analysis plan shall be prepared by the applicant to provide the applicant and the Planning Board with a comprehensive analysis of existing conditions, including the natural, cultural and scenic resources, both on the site in detail as set forth below, and describe in a more general manner land uses, road systems, and natural and cultural resources within 500 feet of the perimeter of the proposed development site. The applicant and the Planning Board must identify the existing site conditions and conduct a site analysis to understand the unique landscape features of the parcel and the relationship of the parcel to the adjoining lands as a basis for advancing any proposed permanent open space and proposed development area concepts for the Planning Board to consider.
[2]
The existing conditions and site analysis process shall include analyses of physical and environmental resources, forest resources, agricultural resources, historic and cultural resources, and potential as passive and recreational resources. The analysis may take the form of several maps and layers of data presented in a meaningful way to the Planning Board for its review and decision-making in conjunction with the applicant.
[3]
The following resources must be mapped and illustrated for the review of the Planning Board:
[a]
All contiguous land owned or under option by the owner and/or applicant.
[b]
Contour lines at a minimum of two-foot intervals to United State Geological Survey datum within the parcel.
[c]
Slopes in excess of 20% or more, measured over a fifty-foot horizontal distance.
[d]
Ridgelines, hills and geologic formations, including but not limited to rock outcrops and other important land features based on available published information or more detailed data obtained by the applicant.
[e]
Watershed boundaries shall be identified.
[f]
Groundwater aquifers and/or recharge areas as mapped on the Town's Official Aquifer Protection Map.
[g]
Lakes, ponds, regulated streams, streams, and natural drainage swales.
[h]
Field delineation and survey of both NYS Department of Environmental Conservation freshwater wetlands and their associated one-hundred-foot adjacent areas, and federal jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers.
[i]
Watercourses, streams and other drainage corridors as classified pursuant to the New York State Department of Environmental Conservation Stream Classification System and as mapped on the Town of Clifton Park's Official Stream Protection Map.
[j]
The Town of Clifton Park Land Conservation (L-C) Zones.
[k]
Flood hazard areas [from a Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map], or site-specific flood elevation determination data if none is available otherwise through FEMA.
[l]
Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grassland, old field, hedgerow, significant forest areas, woodlands, wetlands, isolated trees or small groups of trees with a caliper in excess of 12 inches, and the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, age and condition.
[m]
Any designated critical environmental area, and other important unique environmental areas.
[n]
Habitat areas of rare, threatened or endangered species.
[o]
Agricultural lands: active farmland within a New York State certified agricultural district in Saratoga County, lands within 500 feet of a New York State certified agricultural district, or soils classified as soils of statewide significance and prime farm soils as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the Saratoga County Soil Survey.
[p]
Lands and parcels enrolled in the Town of Clifton Park's term open space, agricultural, or historic resources term conservation easement program.
[q]
Lands identified along scenic road corridors as defined in the Town of Clifton Park Open Space Plan, Town of Clifton Park Comprehensive Plan, and the Town of Clifton Park Western Lands GEIS.
[r]
As located on the site, the location and dimensions of all existing and proposed utilities and utility rights-of-way, existing streets, paved and unpaved roads and paths, buildings, agricultural barns, silos and any other agricultural structures, utilities, remains of buildings and structures, stonewalls, fences, and other man-made improvements.
[s]
Historic resources. Locations of all historically significant sites or structures on the site and on any abutting site within 500 feet of the site's property boundary, including but not limited to those sites and parcels identified as locally important historic resources in the Town of Clifton Park Open Space Plan, the Town of Clifton Park Comprehensive Plan and the Town of Clifton Park Western Lands GEIS, and according to the New York State Office of Parks, Recreation and Historic Resources, State Historic Preservation Office, that tracks sites, buildings and parcels identified with the state register or the federal register historic designation.
[t]
Proximity to nearest hamlet or other existing or proposed neighborhood.
[u]
Trails: existing and potential trails, bikeways and pedestrian trails that are in public use or are proposed conceptually in the Town of Clifton Park Open Space Plan, or specifically on the Town of Clifton Park Town-wide Trails Master Plan Map, on the Mohawk Towpath Scenic Byway, or other routes of Town, state, federal, or Saratoga County significance.
[v]
Recreation. Lakes, ponds, active public parks, Town park district lands, or other Town, county, and state recreational areas, or opportunities or sites designated in the Town of Clifton Park's Comprehensive Plan.
[w]
All other boundaries of environmental or other areas to be left undisturbed and/or protected through deed restrictions, conservation easements or other agreements and encumbrances of property which are or have been filed of record with the Saratoga County Clerk's office shall be shown on the plan.
(c)
Step 2. Conservation analysis and prioritizing of conservation concepts.
[1]
Once the site analysis has been accomplished and reviewed with the Planning Board, the applicant may develop concepts for prioritizing which of the existing resources should be conserved and for what proposed future conservation use. Only after this step has been taken may the concepts for development be factored into the site layout.
[2]
Below are the key conservation principles for Western Clifton Park to assist in prioritizing conservation concepts within the CR District:
[a]
Conserve the scenic, rural landscape character: the unique setting of this parcel as it contributes to the unique setting of Western Clifton Park.
[b]
Conduct creative site planning that maintains residential and pastures and rural character allowing for direct visual access to open land, woodlots, farms, scenic views, etc.
[c]
Protect farms and agricultural lands and uses; protect the core agricultural areas of Western Clifton Park; protect prime farm soils.
[d]
Permanent protection of larger contiguous areas of significant open space resources which are visible to the general public. including farmlands, woodlands, and other ecological and natural wildlife habitats and corridors.
[e]
Buffer and protect existing protected open space resources: design that respects and buffers existing term conservation easements, permanent conservation easements and other permanently protected lands and resources, such as not but not limited to the Grooms Tavern Site, the Vischer Ferry Historic and Nature Preserve, including the remains of the Erie Canal, and the Mohawk Towpath Scenic Byway.
[f]
Conserve and protect the Town-identified open space, natural and cultural resources that are priorities for future conservation.
[g]
Conserve and design with respect to the existing hamlet settlement patterns, existing neighborhoods and existing residences; buffer existing residences and public views from new development.
[h]
Preserve natural water features and watersheds and provide for connected water habitats
[i]
Protect natural landforms and conserve open lands habitat.
[j]
Conserve woodland areas and connected woodlands habitats.
[k]
Support the restoration and adaptive reuse of previously developed landscapes, including the adaptive reuse of farm structures that preserves the agricultural setting and uses such as the farmstead and barns and surrounding fields.
[l]
Connect people to the special resources; provide trail connections within neighborhoods and link to regional paths.
[m]
Protect dark, nighttime skies for the whole community.
(d)
Step 3. Development concept. Once the proposed conservation lands have been identified in Step 1 and prioritized in Step 2, this Step 3 is to identify the area for development [primarily within the unconstrained land and protective of the priority conservation area(s)], the remaining land area of the site which may be focused on for siting the access, circulation for streets and pedestrian paths, and locating the proposed number of residential units and other development.
(e)
Step 4. Summary preliminary plan of development and conservation concepts. The proposed subdivision application must follow applicable subdivision regulations as outlined in Chapter 179 regarding the submission, timing, review process, etc. This step involves formalizing the "drawing in" of the lot lines and the preparation of a plan meeting requirements for concept submission pursuant to Chapter 179 of the Town Code, Subdivision of Land.
F.
Proof of preservation in perpetuity of permanent open space for sites in private ownership.
(1)
Perpetuity. For all required, dedicated permanent open space, the open space restrictions must be in perpetuity and shall be so noted on any plat or plan submitted for approval to the Town.
(2)
Type of proof required. A deed restriction or a permanent conservation easement must be placed on the parcel and/or lot(s) with permanent open space.
(3)
The proof of such restriction of open space land in perpetuity is required and shall be supplied to the Town of Clifton Park Planning Board and filed prior to the final plat approval of a site plan or subdivision plat.
(4)
The Town of Clifton Park Planning Board may not grant final approval to any site plans or subdivision plats that require permanent open space, until the Planning Board receives the proof of the restriction on the open space land of a permanent conservation easement.
(5)
The Planning Board may not approve a final plat until the proof is presented at a Planning Board meeting.
(6)
A perpetual conservation easement and/or other rights to property which have the minimum effect of restricting development of the open space land and allowing use only for agriculture, forestry, active or passive recreation, watershed protection, wildlife habitat or other open space use and prohibiting residential, industrial and/or commercial use of such open space land, pursuant to § 247 of the General Municipal Law, shall be granted to the Town of Clifton Park, or to a qualified, not-for-profit land conservation organization or land trust as may be acceptable to the organization, municipality and to the Planning Board.
(7)
The type of conservation easement may be site-specific and customized according to the proposed use of the open space land, and selected from the following options: open space conservation easement, environmental conservation easement, agricultural conservation easement, or historic resources conservation easement.
(8)
The aforesaid conservation easement instrument shall describe the open space land of a parcel in metes and bounds and by a property survey, and shall bear the statement: "This tract or parcel of land is open space land with a permanent conservation easement subject to the provisions of the Town of Clifton Park Zoning Law substantially restricting its use."
(9)
Open space created by the use of this section must be clearly labeled on the final plat and site plan as to its use, ownership, management, method of preservation and the rights, if any, of the owners of the subdivision to such land, and to the general public. The plan or plat shall clearly show that the open space land is permanently reserved for open space purposes and shall not be platted for building lots and shall indicate the liber and page of any conservation easements or deed restrictions required to be filed to implement such reservations.
(10)
Such proposed conservation easement or other rights shall be reviewed and approved by the Town Attorney's office and be required as a condition of plat or plan approval.
(11)
Said conservation easement shall not be amendable to permit commercial, industrial, or residential development and shall be recorded in the Saratoga County Clerk's office prior to filing an approved final site plan or final subdivision plat in the CR Zoning District.
G.
Ownership and maintenance of open space land and common facilities. The Planning Board must find the form of ownership of any open space land adequate to fulfill the purposes of this section. The following methods may be used either individually or in combination, for ownership of open space land (exclusive of its conservation easement) and common facilities. The appropriate form of ownership shall be based upon the purpose of the permanent open space reservation as stated above in the Subsection F, entitled "Proof of preservation in perpetuity of permanent open space." Ownership methods shall conform to the following:
(1)
Open space land may be held in private, noncommon ownership.
(a)
The required open space land may be included within one or more large conservancy lots that are entirely open space land, provided the open space is permanently restricted from future development, except for those uses listed above in Subsection D(2). This option may be preferable for open space land that is intended for agricultural use.
(b)
The applicant shall provide the Town of Clifton Park with a written description and proof of instrument of the use restrictions of the open space land.
(2)
Open space land may be held in private, common ownership by a homeowners' association (HOA).
(a)
Open space land and common facilities may be held in common ownership by a homeowners' association subject to all of the provisions for homeowners' associations as set forth in New York State regulations and the General Business Law.
(b)
The open space restrictions must be in perpetuity.
(c)
The applicant shall provide the Town with a description of the organization of the proposed homeowners' association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(d)
Such a homeowners' association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the conveyance of the first lot in the development.
(e)
The HOA must be responsible for liability insurance, local taxes, and the maintenance of any open space land and any other common facilities.
(f)
Membership in the homeowners' association shall be mandatory for each property owner within the subdivision and successive owners in title with voting of one vote per lot or unit, and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units.
(g)
Each lot or unit owner must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of open space, and, as applicable, any private roads and any other common facilities.
(h)
Property owners must pay their pro rata share of the HOA costs as listed above in Subsection H(2)(e), and the assessment levied by the HOA must be able to become a lien on the property.
(i)
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
(j)
The HOA must be able to adjust the assessment to meet changed needs.
(k)
The applicant shall make a conditional offer of dedication to the Town of Clifton Park, 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 failure of the homeowners' association to take title to the open space from the applicant or current owner, upon dissolution of the association at any future time or upon failure of the HOA to fulfill its maintenance obligations or to pay its property taxes.
(l)
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.
(m)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town of Clifton Park no less than 30 days prior to such event.
(n)
The association shall have adequate resources to administer, maintain, and operate such common facilities.
(o)
The Town Attorney's office shall review and find that the HOA documents presented as part of the application satisfy the conditions outlined above and such other conditions that the Planning Board shall deem necessary.
(3)
Open space land may be offered fee simple dedication to the Town or an open space or park district controlled by the Town, provided that:
(4)
Open space land may be offered for conveyance or for sale as fee simple dedication to the county or state governments, a nonprofit land trust or other land conservation organization.
(5)
Maintenance and monitoring standards for open space land.
(a)
Ongoing maintenance and monitoring standards shall be established, enforceable by the Town against an owner of open space land as a condition of site plan or subdivision approval, to assure that the open space land is used for the purposes intended in this chapter and specifically pursuant to the approval of the project rendered by the Town and to ensure the use of the open space land does not detract from the character of the neighborhood context. Such maintenance standards may include the obligation to mow open fields to maintain their scenic character and to maintain dedicated trails.
(b)
If the Town Board finds that the open space land is being maintained in such a manner as to constitute a public nuisance or otherwise not in conformance with standards established herein, it may, upon reasonable written notice to the owner, enter the premises for necessary maintenance or other action necessary and appropriate, and the cost of any such maintenance by the Town shall be assessed ratably against the owner or, in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on said properties.
(c)
Unless otherwise agreed to by the Town of Clifton Park Planning Board, the cost and responsibility of maintaining open space and facilities shall be borne by the private owner, the homeowners' association, the conservation organization or land trust or, in the case of lands and facilities deeded to the Town of Clifton Park, the municipality. Likewise, if any lands restricted as open space land are deeded to the county or the state, these respective municipal governments would be responsible.
H.
Open space incentive zoning option. (See Article VB Open Space Incentive Zoning.)
(1)
In exchange for the protection of an equivalent acreage of permanent open space under the provisions of Article VB entitled "Incentive Zoning," Town of Clifton Park, open space incentive zoning, a parcel or parcels greater than 10 acres in area may be developed at a density of up to one residential unit per 1.5 developable acres or 0.66 unit per acre, provided that development also meets the following conditions and limitations.
(2)
For example, if the base density of a one-hundred-acre site in the CR District is 33 dwelling units, then the maximum density that can be potentially achieved by applying for open space incentive zoning is 66 dwelling units.
(3)
Application for open space incentive zoning must be done prior to or in conjunction with an application for subdivision approval to the Planning Board.
I.
Site plan and subdivision review. Applications will be considered and processed by the Town of Clifton Park Planning Board in accordance with § 278 of the Town Law, Article XVI, Site plan review and approval, Chapter 179, Subdivision of Land, and the Town of Clifton Park Design Guidelines.[2] As part of that process, the Town of Clifton Park Planning Board shall, at a minimum, apply the limitations and conditions of this section.
[2]
Editor's Note: The Park Design Guidelines are contained in the Western Clifton Park Land Conservation Plan GEIS, on file in the Town offices.
§ 208-17 Hamlet Residential (HR) District.
[Added 5-9-2005 by L.L. No. 5-2005]
A.
Purpose.
(1)
The purpose of the Hamlet Residential (HR) District is to prevent adverse impact to the character of Western Clifton Park and to the Hamlet of Rexford and to ensure that future growth is consistent and complementary to the existing hamlet settlement patterns. New development within the HR District shall adhere to the guidelines and standards set forth in the Western Clifton Park Design Guidelines.[1] In general, development should:
(a)
Enhance existing, unique, traditional hamlet settlement patterns within Western Clifton Park.
(b)
Restore, conserve and enhance the "sense of place" of the Hamlet of Rexford through complementary, compact, new development, infill development and redevelopment layout and design
(c)
Support a primarily residential setting within the HR District that connects and transitions to the nearby Hamlet Mixed-Use Zone to the north in the rest of the Hamlet of Rexford.
(d)
Foster pedestrian-friendly, walkable environments.
(e)
Utilize area master planning, and site plan layouts and architectural styles consistent with the form of traditional Hamlet of Rexford.
(f)
Support connections within the Hamlet of Rexford and the vicinity both within the hamlet and outside of the Hamlet,
(g)
Create access and connections such as to the Mohawk River waterfront and to the Mohawk Towpath Scenic Byway, and other existing and proposed Town-wide and regional pathways and trails
[1]
Editor's Note: The Park Design Guidelines are contained in the Western Clifton Park Land Conservation Plan GEIS, on file in the Town offices.
(2)
This section is further intended to support the protection of Town-identified open space within Western Clifton Park with the provision of potential density incentives and transfer of development from Town-identified open space areas to the HR Zone as is applicable.
B.
Permitted uses: restrictions. In Hamlet Residential Districts (HR), no building or other structure or land shall be used, and no building or other structure shall be built, altered or erected, for any purpose other than that of:
(1)
One-family dwellings.
(2)
Accessory structures.
(3)
Home occupation.
(4)
Public utility structures.
(7)
Other uses and other buildings and structures as provided by the following subsections:
(a)
Only the following special uses shall be considered pursuant to § 208-79 et. seq.:
[1]
Two-family dwellings, attached or semidetached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling and based density requirements as prescribed by § 208-17C.
[Amended 3-3-2018 by L.L. No. 6-2018]
[a]
An in-law apartment/family member accessory apartment is not to constitute an additional dwelling unit when factoring bulk density calculations.
[2]
Community residences.
[3]
Day-care homes.
[4]
Bed-and-breakfasts.
[5]
Facilities for the sale or consumption of farm- and country-related edible and nonedible products at farm markets. Such facilities shall be consistent with the customary activities and operations normally associated with a farm.
[6]
Electrical substations, gas district governor stations, telephone exchanges or other public utility buildings, structures or uses, except as business offices, storage yards, or repair shops, and subject to the provisions of § 208-79E(2).
[7]
Churches or places of worship.
C.
D.
Density bonus (through open space incentive zoning provisions). Residential bonus: Applicants may propose and seek Town approval for an increase in the density of residential units within the Hamlet Residential (HR) Zoning District per § 208-4[3] 5 and Article VB upon securing the required applicable development rights to Town-identified open space parcels within Western Clifton Park.
E.
Site plan review. Applications will be considered by the Planning Board in accordance with Article XVI, Site Plan Review and Approval, and the Western Clifton Park Design Guidelines.[4]
[4]
Editor's Note: The Park Design Guidelines are contained in the Western Clifton Park Land Conservation Plan GEIS, on file in the Town offices.