Skaneateles City Zoning Code
ARTICLE IX
Open Space Subdivisions and Cluster Housing
§ 225-31 Authority, policy and grant of power.
A.
Section 7-738 of the Village Law, as amended, effective July 1, 1992, empowers the Board of Trustees to authorize the Planning Board, simultaneously with the approval by the Planning Board of a subdivision plat or plats pursuant to Article 7 of the Village Law, to modify certain provisions of this chapter subject to certain conditions. The goal of such legislation is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands.
B.
The Village of Skaneateles hereby establishes a policy of encouraging the use of open space subdivisions to preserve open space and to harmonize new development with the traditional open landscapes of the Village. Any person or entity subdividing or developing land in the Village shall follow the principles and procedures contained in this article of this chapter and in applicable sections of Chapter 190, Subdivision of Land. These principles allow the Planning Board to modify applicable provisions of the Density Control Schedule in order to preserve open space and encourage more sensitive and efficient development patterns than would be possible by strict adherence to the specifications contained in the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
C.
The Board of Trustees hereby grants the powers described in this article with respect to certain parcels of land lying in Residential A-1, A-2 and B Districts to the Planning Board as provided in and subject to the conditions contained in this article. The Planning Board is hereby granted the authority to modify applicable provisions of this chapter as they apply to a specific plat, including the authority to require an applicant to modify a plat in a manner consistent herewith. To the extent that any provisions of this article are inconsistent with the Village Law, the Board of Trustees of the Village of Skaneateles hereby declares its intent to supersede those sections of the Village Law pursuant to its home rule powers under Municipal Home Rule Law, Article 2, § 10 et seq.
§ 225-32 Purposes.
This section encourages flexibility in the design and development of land in order to promote the most appropriate use of land and to preserve, as permanent open space, important natural features, water resources, ecological systems, and scenic areas for the benefit of present and future residents. An open space subdivision plan may involve grouping development on one or more portions of a parcel to permanently preserve other portions of it (hereinafter described as "cluster housing"). An open space subdivision shall achieve the following specific purposes:
A.
Long-term protection of natural and scenic resources identified in the Comprehensive Plan, Chapter 190, Subdivision of Land, and this chapter;
B.
Compatibility with surrounding land uses and the overall character of the area;
C.
Provision of adequate buffers for adjoining properties;
D.
Contribution to Village-wide open space planning by creating a system of permanently preserved open spaces, both within large parcels of land and among such parcels throughout the Village, providing linkage between existing open space areas; and
E.
Preservation of adjacent land suitable for agriculture, particularly where the open space subdivision borders active agricultural land or land suitable for agriculture.
§ 225-33 Definitions.
A.
Open space subdivision.
(1)
For purposes of this chapter, an open space subdivision plat shall be defined as a subdivision plat which conforms in all respects to Chapter 190, Subdivision of Land, governing subdivisions in the Village and to the provisions of this chapter, except that the Planning Board may permit such subdivision plat to vary from the bulk regulations provided by the Density Control Schedule than would normally be required in a Residential A-1, A-2 or B District. However, the density of development (defined as the number of dwelling units that may be constructed per acre of land) in such open space subdivision plat shall not exceed the density that would otherwise be permitted by said bulk regulations of the Residential A-1, A-2 or B District, unless the Planning Board has determined that the subdivision satisfies the requirements of § 225-34(B) hereof.
[Amended 1-11-2018 by L.L. No. 2-2018]
(2)
An open space subdivision accomplishes the purposes in § 225-34 above by reducing the lot size and bulk requirements contained in this chapter, clustering homes in those areas where they will have the least impact on identified environmental resources. These resources are then permanently preserved through the use of conservation easements.
B.
Cluster housing.
(1)
For the purposes of this chapter, the term "cluster housing" shall be interpreted and defined as the development of one-family dwellings and/or townhouse dwellings having no more than two party walls per cluster of three dwelling units on lots located in an open space subdivision in a Residential A-1 and A-2 District and one-family dwellings and/or townhouse dwellings having one or more party walls on lots located in an open space subdivision in a Residential B District. Such lots may vary from the bulk regulations provided by the Density Control Schedule than would otherwise be required in said Districts.
(2)
A one-family dwelling or townhouse cluster shall be no closer to any other one-family dwelling or townhouse cluster than 30 feet in a Residential A-1 and A-2 District and 22 feet in a Residential B District. However, the density of development (defined as the number of dwelling units that may be constructed per acre) in such subdivision shall be no greater than would otherwise be permitted by regulations of the Residential A-1, A-2 or B District, unless the Planning Board has determined that the subdivision satisfies the requirements of § 225-34(B) hereof, and provided that the residual land produced by the smaller lot sizes permitted by this article is used for common open space.
[Amended 1-11-2018 by L.L. No. 2-2018]
§ 225-34 Applicability.
[Amended 1-11-2018 by L.L. No. 2-2018]
An open space subdivision and the development of clustered housing thereon shall be permitted only on:
A.
Parcels of land containing 10 or more acres located in a Residential A-1, A-2 or B District; or
B.
Parcels of land in a Residential A-1, A-2 or B District that are less than 10 acres and that are determined by the Planning Board to be uniquely suited for open space subdivision and cluster housing by reason of:
(1)
The special characteristics of the parcels location and their relationship to other Village properties;
(2)
The physical characteristics of the parcels, including their size, geometry, topography, soil characteristics, visibility from highways and other physical characteristics;
(3)
The compatibility of using an open space subdivision for the parcels with the intent of the Comprehensive Master Plan adopted by the Village;
(4)
The inclusion of improvements that are determined by the Planning Board to be beneficial to residents of the Village, such as improvements for stormwater control, transportation, parking, recreation or open space.
§ 225-35 Application procedure.
A.
Required plans. A written application for an open space subdivision shall be submitted to the Planning Board at least 10 days before its regular meeting and include all plans and information required for a conventional subdivision under Chapter 190, Subdivision of Land. The application shall be accompanied by six copies each of the following:
(1)
(2)
A conventional subdivision preliminary plat conforming to all regulations of this chapter normally applicable in a Residential A-1, A-2 or B District.
(3)
A written statement specifically setting forth the nature of the requested modifications, changes or supplementation of any regulations of this chapter normally applicable in a Residential A-1, A-2 or B District.
(4)
Any additional information, including but not limited to proposed landscaping and improvements to open space areas, as may be determined necessary by the Planning Board.
B.
Allowable density. The Planning Board shall review the conventional subdivision plan required in Subsection A above and shall determine the number of building lots or dwelling units that could be practically created pursuant to said plan, considering the requirements of Chapter 190, Subdivision of Land, and this chapter, the requirements of the New York State Departments of Environmental Conservation and Transportation; and the limitations of soils, topography, wetlands and other environmental features.
C.
Types of dwelling units. All dwellings located in such an open space subdivision plat shall be single-family dwellings and/or townhouse dwellings having no more than two party walls per cluster of three dwelling units on lots located in an open space subdivision in a Residential A-1 and A-2 District and one-family dwellings and/or townhouse dwellings having one or more party walls on lots located in an open space subdivision in a Residential B District. All dwellings shall meet the minimum floor area per dwelling unit and the maximum building height requirements of the Residential A-1, A-2 or B District.
[Amended 1-11-2018 by L.L. No. 2-2018]
D.
Open space. All lands identified as having value as undeveloped open space lands not included in a cluster development plat as building lots, a common homeowner recreation area or roads shall be set aside as permanent open space pursuant to § 225-36 below.
E.
Benefit. In order to approve an open space subdivision, the Planning Board must find that the open space subdivision will benefit the Village and will fulfill the applicable purposes stated in § 225-32 of this chapter.
F.
Buffer. The Planning Board shall not modify said applicable provisions of this chapter with respect to any portion of said open space subdivision plat which is within 50 feet of an existing residential lot which meets the normal lot area and dimensional standards for the Residential A-1, A-2 or B District.
G.
Critical impact permit required. Such conditions on the ownership, use and maintenance of such lands shall be subject to review by the Planning Board before the open space subdivision plat may be approved by the Planning Board for filing. No open space subdivision plat may be approved by the Planning Board for filing prior to the issuance of a critical impact permit for said open space subdivision plat by the Planning Board pursuant to the provisions of Article XI of this chapter.
[Amended 5-24-2018 by L.L. No. 4-2018]
H.
Review and conditions imposed by Planning Board. Upon receipt of the written application and all information required to accompany the same, the Planning Board shall schedule a conference with the applicant for the purpose of reviewing the application, at which time the Planning Board may impose such conditions on the approval of such application for an open space subdivision plat approval which, in the opinion of the Planning Board, are necessary and reasonable to implement the intent of this article. Such conditions shall include:
(1)
Complete listing of conditions and covenants which the applicant shall abide by in developing the proposed open space subdivision plat.
(2)
A timetable for development of the proposed open space subdivision plat.
(3)
A requirement as to the amount, duration and type of performance bond which the applicant shall provide. If the applicant wishes to proceed with the application, the applicant shall submit to the Planning Board a written statement of the applicant's intention to comply with the conditions established by the Planning Board.
(4)
Assumption of all administrative and reasonable expert assistance fees, including, but not limited to, engineering services, attorney services, architect services, surveyor services, and any other costs, fees or expenses which are deemed necessary in conjunction with said application incurred by the Village during such review.
[Amended 4-27-2023 by L.L. No. 4-2023]
I.
Public hearing and review by Planning Board. The Planning Board shall hold a public hearing upon the open space subdivision plat application and the conditions established by the Planning Board.
[Amended 5-24-2018 by L.L. No. 4-2018]
J.
Final approval by Planning Board. Upon the approval by the Planning Board of said application and any conditions imposed by the Planning Board, the issuance of a critical impact permit, and compliance by the applicant with the conditions established by the Planning Board as provided in Subsection H of this section, including the receipt of the proper amount and type of performance bond from the applicant, the Planning Board may finally approve the application for approval of the proposed open space subdivision plat. Such approval by the Planning Board shall be marked on the face of said open space subdivision plat.
[Amended 5-24-2018 by L.L. No. 4-2018]
K.
Filing of approved open space subdivision plat. Upon the filing of an approved open space subdivision plat in the office of the Onondaga County Clerk, the applicant shall file a copy of such approved open space subdivision plat (certified by the Onondaga County Clerk as being an exact copy of the approved open space subdivision plat on file in the Onondaga County Clerk's office) in the office of the Village Clerk/Treasurer, who shall make appropriate notations and references thereto on the Zoning Map. Upon such filing in the Village Clerk/Treasurer's office, any modifications made by the Planning Board in the bulk regulations contained in the Density Control Schedule normally required in a Residential A-1, A-2 or B District, as indicated upon said open space subdivision plat, shall become effective with respect to said open space subdivision plat.
[Amended 5-24-2018 by L.L. No. 4-2018]
L.
Failure to comply with conditions. The failure of the applicant, or the applicant's successors and assigns, to comply with the conditions established by the Planning Board as provided in this section shall constitute a violation of this chapter.
[Amended 5-24-2018 by L.L. No. 4-2018]
§ 225-36 Common open space and common improvement regulations.
A.
Permanent open space. Open space set aside in an open space subdivision shall be permanently preserved as required by this section. Land set aside as permanent open space may, but need not be, a separate tax parcel.
B.
Open space uses. Open space shall be preserved and maintained for one or more of the following uses, which shall be noted on the plat for each open space subdivision:
(1)
Open space uses include but are not limited to forestry, agriculture, passive recreation (which is defined as any form of recreation use that does not employ a structure), and conservation of water, plants, or wildlife consistent with the purpose of maintaining the natural and scenic qualities of the Village.
(2)
Open space uses shall be appropriate to the site, including but not limited to passive recreation (including trail use), forestry, and agriculture. Improvements necessary to implement such open space uses may be permitted in the discretion of the Planning Board. Such improvements may include but are not limited to drainage structures but shall exclude any structures above the natural grade. When the principal purpose of preserving the open space is the protection of natural resources such as wetlands, steep slopes, mature forests, plant habitats and stream corridors, open space uses shall be limited to those which are no more intensive than passive recreation.
C.
Notations on plat. Open space created by the use of open space subdivisions must be clearly labeled on the final plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners in the subdivision to such land. The plat shall clearly show that the open space land is permanently reserved for open space purposes and shall contain a notation indicating the book and page of any conservation easements or deed restrictions required to be filed to implement such reservations or restrictions.
D.
Preservation in perpetuity.
(1)
A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation or protection of natural resources, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Village, with the approval of the Board of Trustees, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and be required as a condition of plat approval hereunder. The Planning Board may require that such conservation easement be enforceable by the Village of Skaneateles if the Village is not the holder of the conservation easement. The conservation easement shall prohibit residential, industrial, or commercial use of such open space land and shall not be amendable to permit such use. The conservation easement shall be recorded in the Onondaga County Clerk's office prior to or simultaneously with the filing of the open space subdivision final plat in the Onondaga County Clerk's office.
(2)
The Village of Skaneateles, recognizing that a not-for-profit conservation organization selected to hold a conservation easement may at some future time no longer be able or willing to enforce such a conservation easement, finds that it is in the Village's interest to allow private enforcement of the restrictions contained in such a conservation easement. The Village of Skaneateles further finds that because those residents of the Village living closest to the land protected by the conservation easement have the greatest interest in enforcing it, supplementing the conservation easement with a legal instrument providing for private enforcement of the restrictions in the conservation easement will help to ensure long-term compliance with such restrictions. Therefore, in addition to requiring a conservation easement in all cases as a condition of approval of any open space subdivision, the Planning Board may also require the applicant to file in the Onondaga County Clerk's office a separate declaration of restrictions or other legal instrument running with the land in perpetuity conferring a private right of enforcement of the substantive restrictions of the conservation easement. Such declaration or other instrument shall contain the same restrictions as the conservation easement and shall designate as parties who may enforce such declaration or instrument all neighboring landowners whose property is contiguous to the proposed subdivision, including properties separated from the proposed subdivision by a public or private road or right-of-way.
E.
Ownership of open space land.
(1)
Open space land and any improvements thereon may be held in the following forms which shall hereinafter be inclusively referred to as the "entity":
(a)
Private ownership;
(b)
Transferred to a not-for-profit conservation organization acceptable to the Planning Board and the Board of Trustees;
(c)
Owned in common by a homeowners' association;
(d)
Dedicated to the Village; or
(e)
Owned in common by such other form of ownership entity as the Planning Board and Board of Trustees finds adequate to fulfill the purposes stated in § 225-32. The appropriate form of ownership shall be determined based upon the purpose of the open space reservation as stated pursuant to Subsection B above, with due consideration given to any impacts on the tax base of the Village of Skaneateles.
(2)
If the land and any improvements thereon are owned in common by such an entity, such entity shall be established in accordance with the following:
(a)
The applicant shall establish such an entity in perpetuity for the ownership, care and maintenance of all such lands and improvements. Such entity shall assume ownership and be responsible for the preservation, maintenance and performance of all common lands, uses and improvements.
(b)
Such entity shall be referenced in covenants and restrictions running with the land, and the shareholders or members shall include all owners of the lots within the subdivision.
(c)
All lands and improvements shall be described and identified as to location, size, use, and control on the final plat submitted for subdivision approval and in said restrictive covenants. Such covenant shall declare the method of assessment for the maintenance of such land. Such restrictive covenants shall run with the land in perpetuity. These covenants shall be incorporated in the deed to each lot or parcel within the subdivision.
(d)
Such restrictive covenants and entity shall control the availability of the improvements and land thereby provided, to maintain the land and improvements for their intended purpose and to protect the subdivision from additional and unplanned use. Such entity shall not be dissolved, nor shall such entity dispose of any common open space, by sale or otherwise. Such entity may offer to dedicate said land and improvements to the Village. However, the Village shall not be required to accept such offer.
(e)
The Planning Board shall require that said restrictive covenants provide that if the entity established to own and maintain such common open space and/or improvements shall, at any time after establishment of the subdivision, fail to maintain the common open space and/or improvements in reasonable order and condition in accordance with the approved plans, the Village may serve notice in writing upon such entity or upon the residents of the subdivision setting forth the manner in which the entity has failed to maintain the common open space and/or improvements in reasonable condition. Such notice shall contain a demand that such deficiencies of maintenance be cured within 30 days thereafter and shall state the date and place of a public hearing relating to such failure, which shall be held within 20 days of the notice.
(f)
At such hearing the Village may modify the terms of the original notice as to the deficiencies and may grant an extension of time within which they shall be cured.
(g)
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 30 days or any extension thereof, the Village, in order to preserve the taxable values of the properties within the subdivision and to prevent the common open space and/or improvements from becoming a public nuisance, may enter upon said common open space and maintain such space.
(h)
Said entry and maintenance shall not vest in the public any rights to use the common open space and/or improvements, except when the same is voluntarily dedicated to the Village by said entity and the Village accepts such dedication.
(i)
At any time after undertaking such maintenance, the Village shall, upon its initiative or upon the request of the entity responsible for the maintenance of the common open space and/or improvements, call a public hearing upon notice in writing to such entity or to the residents of such subdivision, to be held by the Village, at which hearing the entity shall show cause why such maintenance by the Village shall not, at the election of the Village, continue.
(j)
If the Village shall determine that such entity is ready and able to maintain the common open space and/or improvements in reasonable condition, the Village shall cease to maintain the common open space and/or improvements.
(k)
If the Village shall determine that such entity is not ready and able to maintain the common open space and/or improvements in a reasonable condition, the Village may, in its discretion, continue to maintain the common open space and/or improvements.
(l)
The covenants creating such entity shall further provide that the cost of such maintenance and all engineering, legal and publication costs incurred by the Village shall be assessed pro rata against the lots within the subdivision that have a right of enjoyment of the common open space and/or improvements and shall become a charge on said lots, and such charge shall be paid by the owners of said lots within 30 days after receipt of a statement therefor or added to the assessment for real property taxes if such charge remains unpaid thereafter.
[Amended 6-24-2002 by L.L. No. 4-2002]
(m)
The entity shall be set up before any lots are sold and shall comply with all applicable provisions of the laws of the State of New York.
(n)
Ownership or membership shall be mandatory for each lot owner, who shall be required, by recorded covenants and restrictions, to pay fees to the entity for taxes, insurance, and maintenance of common open space, private roads, and other common facilities. Property owners shall pay their pro rata share of such costs incurred, and the assessment levied by the entity must be eligible to become a lien on the property.
(o)
The entity shall be responsible for obtaining and payment for liability insurance, local taxes and the maintenance of recreational and other facilities and private roads.
(p)
The entity shall be able to adjust such assessment to meet changed needs.
(q)
The applicant shall make a conditional offer of dedication to the Village, binding upon the entity, for all open space to be conveyed to the entity. Such offer may be accepted by the Village, at the discretion of the Board of Trustees, upon the failure of the entity to take title to the open space from the applicant or other current owner, upon dissolution of the entity at any future time, or upon failure of the entity to fulfill its maintenance obligations hereunder or to pay its real property taxes.
(r)
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 subdivision and enforcing a lien for taxes against the dwelling units owned by such owners.
F.
Maintenance standards.
(1)
Ongoing maintenance standards shall be established and enforceable by the Village against an owner of open space land as a condition of subdivision approval to assure that the open space land does not detract from the character of the neighborhood. Such maintenance standards may include the obligation to mow open fields to maintain their scenic character.
(2)
Trees existing on such common open space shall be preserved. No clear-cutting of such wooded areas shall be permitted. The owners of each lot or said entity shall replace any trees removed by a tree conforming to § 190-13B(3) of Chapter 190, Subdivision of Land.
§ 225-37 Active recreation areas.
A. ACTIVE RECREATION ACTIVE RECREATION AREA
As used in this section, the following terms shall have the meanings indicated:
Any form of recreation that employs the use of a structure, including but not limited to an in-ground swimming pool or a tennis, basketball or shuffleboard court.
Land reserved for recreation use by all residents of the subdivision which may be improved by a structure which shall include, but is not limited to, an in-ground swimming pool or a tennis, basketball or shuffleboard court which shall not be enclosed in a structure or building.
B.
Ownership and maintenance of the common homeowner active recreation area. The common homeowner active recreation area and any improvements thereon shall be owned and maintained by the same entity which owns and maintains the open space resulting from the application of this article to the subdivision and shall be subject to said provisions of § 225-36 of this chapter.
C.
Provision for common homeowner active recreation area. The Planning Board shall require that not more than 8% of the gross area of the subdivision shall be reserved for such active recreation.