Steep slopes.

Freshwater wetlands under the regulatory jurisdiction of the New York State Department of Environmental Conservation (DEC) and/or the United States Army Corps of Engineers.

One-hundred-year floodplains as identified on Federal Emergency Management Agency (FEMA) maps.

Properties listed on the National and/or State Registers of Historic Places or eligible for listing by the New York State Office of Parks, Recreation and Historic Preservation for inclusion on such registers.

Lands containing a farm operation within a New York State Agricultural District or within 500 feet of lands containing a farm operation within a New York State Agricultural District.

Significant viewsheds as determined by the application of the State Environmental Quality Review Act.[1]

Recreational resources, including lakes, ponds, streams, or other potentially significant recreational resources.

Known habitats containing endangered, threatened, or special concern wildlife species, protected native plants, endangered, threatened, or rare plants, or state-identified significant habitats.

Unique or unusual land forms or geological formations.

Existing or potential trails including bikeways, hiking trails or multiuse, nonmotorized routes of local, county, state or national significance.

In order to determine the conservation value of open space on a specific parcel of land, the applicant shall prepare and the Planning Board shall review a conservation plan of such parcel. The open space protected pursuant to this section shall have conservation value which may include historic, ecological, agricultural, water resource, scenic, or other natural resource value. Lands with conservation value include scenic view corridors, agricultural land, including land with prime farmland soils or soils of statewide importance, aquifers and their recharge areas, ecological habitat for sensitive species, historic buildings or landscapes, large areas or contiguous forest, ridgelines and hillsides visible from public roads or other public areas, state or federal wetlands, lakes, water bodies, and stream corridors. These areas shall be mapped on a separate conservation plan which clearly demarcates these areas.

The Planning Board shall review the conservation plan, and determine which resources are to be protected as open space. The open space is separate and in addition to any land which the Planning Board deems must be set aside for active recreation pursuant to § 260-4F of the Town of Fallsburg subdivision regulations. A minimum of 50% of the gross area of the parcel shall be set aside for conservation as part of a cluster layout. The Planning Board may waive the amount of open space to be set aside for conservation depending on the unique attributes of the parcel; however, in no event shall the amount of open space be reduced to an amount less than 35% of the parcel's gross acreage. Open space shall not be spaces in between buildings, but shall be large contiguous expanses protected by conservation easement. Open space shall not be located on more than three lots unless the Planning Board finds that the open space areas can be adequately protected where located on a larger number of lots.

The conventional subdivision plan shall be submitted to establish the maximum number of dwellings or lots that shall be permitted on the subject property, referred to as the "residential yield." The permitted number of dwelling units in a cluster subdivision shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, the Town Subdivision Regulations, Sullivan County and New York State Department of Health regulations, and all other applicable local, state and federal laws, regulations and standards. The basis for this determination will be a conventional subdivision plat for the subject parcel showing all environmental constraints as per § 310-5.4 of this Zoning Chapter, as well as roads (including road grades), stormwater basins, required setbacks for individual wells and septic systems, and other information as may be required by the Planning Board. The Planning Board shall, by resolution, establish the maximum residential yield upon a review of the conventional plan layout. The Planning Board may waive submission of documentation of the full residential yield where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable residential yield, provided that the plat contains a notation clearly indicating the reduction in the total lot count for the remaining unsubdivided parcel.

Retain and reuse existing old farm roads and lanes rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)

Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.

Avoid placing buildings in the middle of open fields. Place buildings either at the edge of fields or in the ecologically least significant parts of wooded areas where they will be less intrusive to views from adjacent roads, trails or high viewpoints.

Use existing vegetation and topography to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the Town. Site buildings in groups or tuck them behind tree lines or knolls rather than spreading them out across the landscape in a sprawl pattern.

Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Create curves in driveways, with due regard to safety issues, to increase the screening of buildings.

Situate buildings so that they do not protrude above ridgelines as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever creating vistas is intended, open up views by selective cutting such as removal of understory vegetation and pruning lower branches of large trees, rather than by clearing large areas or removing large trees.

Minimize crossing of steep slopes with roads and driveways.

Buildings are not permitted on environmentally constrained land as set forth in § 310-5.4.

The required open space land may not include private yards located within 75 feet of a principal building.

Separation between units. A townhouse dwelling shall be located on an individual lot that shall coincide with the footprint of each dwelling. Garages shall be attached to the dwelling. Townhouse developments shall comply with the requirements set forth in Article XVIII, except that the density shall be determined in accordance with these provisions. A special use permit shall not be required. Multifamily dwellings may be located on a single lot and shall require a minimum separation distance of 31 feet of green space between buildings. The only items permitted within this separation distance are walkways, and landings or decks of less than five feet in width. No porch or similar structure shall protrude or be installed into this required separation. If fire flow calculations can be met, then the required separation distance between buildings can be reduced to a minimum of 25 feet. Any parking areas serving multifamily dwellings shall be located no closer than 50 feet to any building it serves.

Buffer requirements. A townhouse development and multifamily development shall have a minimum front yard setback of 175 feet from an external public right-of-way, and any existing vegetation shall remain undisturbed within 100 feet of the road giving access to the development. This vegetative buffer shall provide year-round screening of the development from the public right-of-way. The Planning Board, in its discretion, may require the vegetative buffer to be supplemented with earthen berms, trees, shrubs, and additional landscaping to achieve the objective of a year-round vegetative buffer in a quantity and type to be determined by the Planning Board. The access driveway is the only permitted installation within the one-hundred-seventy-five-foot setback.

Any recreational area, clubhouse, or other accessory structures associated with a townhouse or multifamily development shall be shown on the subdivision and/or site plan, or areas on the plan shall be reserved for such purposes, and shall be subject to Planning Board site plan approval at such time a building permit is submitted for their construction. Nothing herein shall be construed to allow the deferral of any accessory improvements that the Planning Board shall require for the operation and maintenance of the development.

Open space land. Protected open space may be included as a portion of one or more large building lots, or may be contained in a separate open space lot. Such open space may be owned by a homeowners' association, one or more private landowners, a nonprofit organization, the Town or another governmental entity, or any other appropriate entity. The open space area, when located on individual lots to remain in private ownership, shall be demarcated by survey markers in a form to be approved by the Planning Board. A management plan for the open space land shall be prepared by the applicant and submitted to the Planning Department for filing prior to signing the final cluster plan. The open space management plan is for purposes of documenting the location of the open space or conservation area, and ensuring no encroachment occurs to same except to allow those activities permitted within the easement, e.g., agricultural operations. The following documentation shall be included in the report:

Open space set aside in a cluster development shall be permanently protected as required by this subsection. Such land may be included as a portion of one or more large parcels on which dwellings and other structures are permitted, provided that the Planning Board approves such configuration of the open space as part of its approval. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation value of such open space land.

Notations on plat or site plan. Protected open space land shall be clearly delineated and labeled on any final site plan as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently reserved for open space purposes, and shall contain a notation indicating the liber and page of any easements required to be filed prior to the filing of the map to implement such restrictions.

Permanent protection by conservation easement. A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, passive recreation, protection of natural resources, or similar conservation purposes, may be utilized to ensure its preservation, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law. If utilized, said easement may be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. If employed, the conservation easement shall be recorded in the County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office or a site plan in the Planning Department.

Ownership of Open Space Land: Homeowners' Association (HOA).

Maintenance standards.