Stillwater Town City Zoning Code
ARTICLE VI
Cluster and Conservation Subdivision
§ 210-34 Purpose.
The purpose of this article is to allow for flexible lot configurations, lot sizes and densities that preserve key natural and cultural resources, including open space and productive agricultural lands, through the use of cluster and conservation development design principles. Cluster and conservation subdivision are intended to protect the Town's natural environment, reduce and mitigate the impacts of sprawl, provide for a balance between developed and undeveloped land, protect air quality, provide adequate open areas for recreation and conservation, and protect the community and the historic and visual character of Stillwater and Saratoga National Historical Park. Cluster and conservation subdivision development will preserve tracts of agriculturally, environmentally, scenically, and recreationally significant undeveloped land and preserve contiguous open spaces, recreational resources, and important scenic and environmental resources.
§ 210-35 Applicability.
A.
Cluster and conservation subdivisions shall be required for all major subdivisions proposed within the T2 Rural Conservation Transect Zone. This shall apply to lots 10 acres or larger in area. The Planning Board may evaluate whether to apply this standard to lands smaller in area.
B.
If, based upon the required conservation analysis, the Planning Board determines there is no reasonable basis for requiring a cluster and conservation subdivision, the Planning Board may approve a conventional subdivision of the site, in accordance with this article. In all other districts, except where specifically prohibited, the use of cluster and conservation subdivisions shall be encouraged where appropriate but will be optional.
C.
Special consideration shall be given to subdivisions within the Saratoga National Historical Park Viewshed Protection Area. (See § 210-42 Special standards for areas within Saratoga National Historic Park viewshed, and § 210-164, Development regulations.
§ 210-36 Developable lands-lot yield analysis.
A.
The following process shall be used to calculate the number of dwelling units that may be built on a parcel and to determine the maximum number of new parcels that may be created through subdivision.
(1)
Base density is the measurement of the capacity of a parcel or parcels to support development sites expressed as the number of dwelling units or lots.
(2)
Calculating base density. Base density shall be calculated by the following procedure:
(a)
Step 1: Determine the acreage of constrained land. Constrained lands shall include the following:
[1]
The combined acreage on a parcel covered by existing buildings, unless said buildings are proposed to be removed.
[2]
Lands with slopes over 12%, measured over a 50-foot horizontal distance.
[3]
Freshwater wetlands.
[4]
Ponds, lakes, and streams (regulated and unregulated), including a 50-foot buffer from the mean high-water mark of all streams. These shall include but are not limited to watercourses, streams, and other drainage corridors as classified pursuant to the NYSDEC Stream Classification System.
[5]
50% of the acreage covered by the 100-year floodplain,
[6]
100% of floodways.
(b)
Step 2: Calculate the net buildable acreage by subtracting the constrained acreage from the total acreage of the parcel.
(c)
Step 3: Calculate the base density by dividing the buildable acreage by the minimum lot size for the involved zoning district as set forth in Attachment 2: Table 2, Dimensional Schedule.
(d)
Step 4: Round up fractional units equal to or greater than 0.5. Round down fractional units less than 0.4.
§ 210-37 Conservation resource mapping.
As part of the cluster and conservation subdivision review, an applicant shall prepare a Conservation Resource Map identifying the following resources and physical characteristics of the property.
A.
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.
B.
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 United States Department of Agriculture, Natural Resources Conservation Service in the Saratoga County Soil Survey.
C.
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.
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.
Designated critical environmental areas and other important unique environmental areas.
F.
Habitat areas of rare, threatened, or endangered species and significant natural communities or other ecological resource value.
G.
As located on the site, the location and dimensions of all existing utilities and utility rights-of-way, existing streets, paved and unpaved roads and paths, buildings, agricultural barns, silos and any other agricultural structures, remains of buildings and structures, stonewalls, fences, and other man-made improvements.
H.
Land exhibiting present or potential historic, archeological, or other cultural resource values. 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 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.
I.
Existing and potential trails, bikeways and pedestrian trails that are in public use or are proposed conceptually by the Town of Stillwater, Saratoga County, or New York State.
J.
Lakes, ponds, active public parks, Town park district lands, or other Town, county, and state recreational areas, or opportunities or sites.
K.
All other boundaries of environmental or other areas to be left undisturbed for buffering or screening 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.
L.
All lands within the Saratoga National Historic Park Viewshed Protection Area.
§ 210-38 Conservation analysis.
A.
The applicant shall prepare a conservation analysis, consisting of resource mapping above, description of the land, and an analysis of the conservation value of various site features. The conservation analysis shall describe the importance of current and potential conservation value of all land on the site, and shall show lands with conservation value, as identified on the Conservation Resource Map.
B.
Planning Board input. In the course of its initial review, the Planning Board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.
C.
Conservation findings. Upon review of the conservation resource map(s) and the conservation analysis, the Planning Board shall make a final determination as to which land has the most conservation value and should be protected from development by conservation easement or other protection measures. Such final determination shall include written findings supporting its decision (the "conservation findings"). The Planning Board shall not endorse any application that does not include a complete conservation analysis sufficient for the Board to make its conservation findings. The Planning Board may waive any submission requirements that it, in its sole discretion, seems unnecessary for a complete conservation analysis.
D.
Waiver from cluster and conservation subdivision required. If, based upon the conservation analysis, the Planning Board determines in its conservation findings that there is no reasonable basis for requiring a conservation subdivision, the Planning Board may entertain approval of a conventional development of the site. In order for the Planning Board to make such a determination, the applicant must demonstrate at least one of the following:
(1)
The land contains no substantial resources with conservation value;
(2)
The acreage is too small to preserve a substantial amount of land with conservation value (this criterion shall not be evaded by piecemeal subdivision of larger tracts);
(3)
The lot configuration is unique and precludes preservation of a substantial amount of land with conservation value; or
(4)
That there are extraordinary circumstances unique to the parcel that demonstrates that conventional subdivision is in the best interest of the adjacent neighborhoods.
E.
In order to make the required showing under Subsection D(2) or (3) above, the applicant must also demonstrate that the parcel does not adjoin other land that, when combined with open space on the parcel, would result in the preservation of a substantial amount of land with conservation value (including any portion of a designated trail corridor), regardless of whether or not the adjoining parcels have been protected as open space.
F.
An approval of a conventional subdivision shall refer to the conservation findings and may be conditioned upon the protection by conservation easement of portions of the site identified in the conservation analysis and findings as having conservation value.
§ 210-39 Cluster and conservation design layout.
A.
Once the Conservation Resource Map and conservation analysis has been completed and approved by the Planning Board, the applicant shall develop concept(s) identifying the resources to be conserved and any planned conservation use. Only after this step has been taken may the concepts for development be factored into the site layout.
B.
Below are the key design principles for the cluster and conservation subdivision site layout:
(1)
Conserve the scenic, rural landscape character: the unique setting of this parcel as it contributes to the unique setting of Stillwater, Saratoga National Historical Park, and the Hudson River and Saratoga Lake waterfronts.
(2)
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.
(3)
Protect farms and agricultural lands and uses; protect the core agricultural areas of Stillwater; protect prime farm soils; consistent with the Saratoga County Green Infrastructure Plan or its successor.
(4)
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.
(5)
To the extent practicable, all new dwelling units shall be sited so as to minimize views from adjacent open space, agricultural lands, roadways, and existing home sites.
(6)
Reduce and limit land clearing and the amount of new infrastructure constructed. This includes limiting the construction of new roadways. Cul-de-sacs shall be discouraged.
(7)
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.
(8)
Conserve and protect the Town-identified open space, natural and cultural resources that are priorities for future conservation, as may be identified in the Town of Stillwater Comprehensive Plan and Final Generic Environmental Impact Statement 2020 Update, Saratoga County Green Infrastructure Plan, the Town of Stillwater Farmland and Green Infrastructure Plan, as amended, and future Town of Stillwater open space and natural resource plans.
(9)
Conserve and design with respect to the existing settlement patterns, existing neighborhoods and existing residences; buffer existing residences and public views from new development.
(10)
Preserve natural water features and watersheds and provide for connected water habitats.
(11)
Protect natural landforms and conserve open lands habitat.
(12)
Conserve woodland areas and connected woodlands habitats.
(13)
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.
(14)
Connect people to the special resources; provide trail connections within neighborhoods and link to regional paths.
(15)
Protect dark nighttime skies for the whole community.
C.
Once the conservation lands have been identified and prioritized by the Planning Board pursuant to this section, the applicant shall prepare a design layout for areas of development. In addition to conservation resources, the Planning Board and the applicant shall take into careful consideration buffering between existing adjoining residential housing. This may include the establishment of a no-cut or planted buffer zone between existing and proposed developments.
D.
Lots, site access, streets, and roads shall be arranged in a manner that protects land identified by the conservation resource map (§ 210-37). Permitted building locations or areas (building envelopes) shall be shown on the final subdivision plan.
E.
The proposed cluster and conservation subdivision design layout must follow applicable subdivision regulations as outlined in Chapter 176, Subdivision of Land, of the Town Code, regarding the submission, timing, review process, and other applicable requirements. This step involves formalizing the lot lines and the preparation of a plan meeting requirements for the preliminary submission and layout review pursuant to Chapter 176 of the Town Code.
§ 210-40 Lot sizes and setbacks in cluster and conservation subdivisions.
When a concept plan is prepared, the Planning Board shall determine appropriate lot sizes during its review. For the purpose of initiating design, a minimum lot size of 20,000 square feet is the convention. The Planning Board may allow smaller lot sizes with sufficient justification, based on development type, location, site conditions, availability of infrastructure and correlation to increased preservation of lands. Lots smaller than 20,000 square feet will require public utilities. Side and rear setback shall be a minimum of 15 feet.
§ 210-41 Other area and dimensional requirements.
The applicant shall specify dimensional requirements for a proposed cluster or conservation subdivision by identifying setbacks and other lot dimensions to be incorporated into the final subdivision plan, subject to review and approval by the Planning Board.
§ 210-42 Special standards for areas within Saratoga National Historic Park viewshed.
As specified in § 210-161, projects within the Saratoga National Historic Park viewshed are subject to additional visual impact analysis. When reviewing projects, the Planning Board shall include this additional analysis and refer to recommendations described in the Battles of Saratoga Preservation and Viewshed Protection Plan dated December 2007, as amended.
§ 210-43 Road standards.
Notwithstanding any other road construction requirements promulgated by the Town of Stillwater, the highway design standards within cluster and conservation subdivisions may be modified at the discretion of the Planning Board and with approval of the Superintendent of Highways and in consultation with emergency services.
§ 210-44 Permanent open space.
A.
Open space set aside in a cluster and conservation subdivision shall be permanently preserved. The open space protected pursuant to this article must have conservation value, as detailed below, and which shall be confirmed by the Planning Board during the conservation resource mapping and analysis described above.
B.
A minimum of 50% shall be preserved as open space.
§ 210-45 Preservation by permanent easement or deed restriction.
A.
Where acceptable to the Town, a perpetual easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources or similar conservation purposes shall be granted to the Town, with the approval of the Town Board. Alternatively, the Town may identify a suitable entity to hold the easement, such as a qualified not-for-profit conservation organization, such as a land trust or other entity organized for the purpose of preserving natural resources and/or open space. Such easement shall be approved by the Planning Board and required as a condition of final approval. The Planning Board shall require that the easement be enforceable by the Town. The easement shall be recorded in the County Clerk's Office.
B.
Where a perpetual easement is not acceptable to the Town, deed provisions restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources or similar conservation purposes will be required as a condition of final approval. All deeds containing such restrictions shall be recorded in the County Clerk's Office.
C.
The easement or restriction shall prohibit residential, industrial or commercial use of open space land (except in connection with agriculture, forestry, and passive recreation) and shall not be amendable to permit such use. Driveways, local utility distribution lines, stormwater management facilities, trails and agricultural structures may be permitted on nonresidential lots with Planning Board approval, provided that they do not impair constrained lands or conservation resources. Forestry shall be conducted in conformity with applicable best management practices as described by the New York State Department of Environmental Conservation's Division of Lands and Forests.
D.
A land management plan, approved by the Planning Board, may be required. A land management plan may further establish maintenance responsibilities for preserved lands, describe responsible parties, identify permissible actions and emergency communication methods. The easement or restriction shall provide that if the Town Board finds that the management plan has been violated in a manner that renders the condition of the land a public nuisance, the Town may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance and that the cost of such maintenance by the Town shall be assessed against the enterprise designated/responsible for holding/managing the terms of the easement, and/or the owners of properties within the development and shall, if unpaid, become a tax lien on such property or properties.
E.
Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot.
§ 210-46 Ownership and maintenance of open space land.
A.
The following methods may be used, either individually or in combination, for ownership of open space lands. Open space land may be offered for dedication to Town, county or state governments, or transferred to a not-for-profit organization acceptable to the Planning Board, to properly manage the open space land and to protect its conservation value. Open space lands and conserved lands shall not be transferred to another entity except for transfer to another method or ownership method as allowed under this section. Ownership methods shall conform to the following:
(1)
Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the open space land and common facilities. The Town may choose to establish other means and methods to hold and manage these lands at its prerogative.
(2)
Private ownership by a not-for-profit or land conservancy. The required open space land may be included within one or more large "conservancy lots," provided that the open space is permanently restricted from future development and offered to a conservancy organization and subject to a land management plan as noted above. This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use.
B.
Maintenance. Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization, or private owner; or in the case of open space and facilities deeded to the Town, the municipality.
§ 210-47 Cluster and conservation subdivision procedure.
The cluster and conservation subdivision shall follow the subdivision process contained in Chapter 176, subject to the additional provisions contained herein.