One-hundred-year floodplain or special flood hazard areas in accordance with the Federal Emergency Management Agency's Flood Insurance Rate Maps occupying 15% or more of the parent lot.

State and/or federal freshwater wetlands occupy 20% or more of the parent lot.

Open water occupies 20% or more of the parent lot.

Slopes of greater than 15% occupy 20% or more of the parent lot.

An identified critical habitat or a known endangered species as determined by the Department of Environmental Conservation or through a field study.

Historic sites listed on the State or National Registers of Historic Places or other areas of historical significance to the Town.

Demonstration plan method. The number of conservation subdivision lots permitted shall be the same as the total number of buildable lots permitted in a conventional (i.e., nonconservation) subdivision of the same parcel. In order to determine the number of conservation subdivision lots permitted, the applicant shall submit a subdivision plan for the parcel as if it were to be developed in accord with all the standards and requirements in this chapter and the Town Subdivision Regulations[3] for a conventional (i.e., nonconservation) residential subdivision served by the designated type of water supply and a sewage disposal system. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot which, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices, shall not be considered a "buildable lot" for the purposes of this § 300-7.0; and such determination shall be made by the Planning Board.

Calculation method. The total number of dwelling units permitted shall be determined after deducting:

Crossing zoning district boundaries. In cases where the proposed conservation subdivision development falls within two or more zoning districts with differing density requirements, the Planning Board may approve in any one such zoning district or in both districts a conservation subdivision representing the cumulative density as derived from the summing of all units allowed in all such districts as determined in accord with this § 300-7.0.

Preserve natural site features. Individual lots, buildings, streets, parking areas and other improvements shall be designed and situated to minimize alteration of the natural site features.

In accordance with sketch plan requirements in Section 3.3 of the Town's Subdivision Law,[4] the applicant shall submit an existing and natural site features analysis which depicts all structures, wooded areas, stream, natural features, stone walls, wetlands, outstanding views and other aspects of the property around which a subdivision plan should be designed. The applicant shall also consult the Town of Tusten Natural Resource and Open Space Inventory, on file with the Town Clerk, and the New York State Department of Environmental Conservation's Environmental Resource Mapper to determine sensitive areas (including unique geological features, rare species habitats, significant natural communities, and protected wetlands) and incorporate any findings into the analysis. During the sketch plan and analysis phase of the process, the Planning Board shall provide input in identifying the conservation value of the site and such input may include but not be limited to assistance in identifying priority areas and resources; the influence of nearby resources; and the potential of the open space to be set aside in realizing long-term visions or interests of the Town in the areas of agriculture, recreation, habitat or historic preservation, open space and habitat protection, and preservation of natural features and scenic vistas.

Open space. Designated open space shall include irreplaceable natural features located in the tract (such as, but not limited to, water bodies, significant stands of trees, individual trees of significant size, and rock outcroppings).

Visual impacts. Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen area devoted to motor vehicle access, and reduce visual impacts to adjoining properties and public roads.

Conservation subdivision design. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and the land.

Characteristics. The open space required by this section should be selected to protect the conservation resources and values identified in the natural site features analysis, which may include value attached to historic, ecological, agricultural, water or scenic values.

Preservation and ownership. Land set aside as permanent open space may be a separate tax parcel, but is not required to be. Such land may be included as a portion of one or more large parcels on which dwellings and other structures are permitted, provided that a conservation easement, or map note and deed restriction, is placed on such land pursuant to this section, and provided that the Planning Board approves such configuration of the open space as part of its subdivision 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.

Minimum lot size: 87,120 square feet (two acres).

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Maximum lot coverage: 25%.

Minimum yards. Front: 50 feet; rear: 50 feet; side: 30 feet.

Lots to be buildable. Prior to approval of a conservation subdivision, each lot must be certified as a buildable lot, as defined herein and in accordance with the provisions of § 300-7.0L, M, N, & O. A buildable lot is a lot having a buildable area capable of accommodating proposed principal and accessory improvements and including, where required, an on-site water supply facility and sewage treatment system that meets the standards of the Sullivan County and/or New York State Department of Health, as applicable. The capability of each lot to accommodate an on-site water supply shall be demonstrated by the applicant's provision of hydrogeologic data, such as test well results, an engineer's statement of findings, or other assurance satisfactory to the Planning Board; and for on-site septic treatment systems, deep test pit results with acceptable percolation rates, an engineer's statement of findings, or other assurance satisfactory to the Planning Board.

Application. Application for a multiple-family dwelling special use shall be made on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the applicant or his or her representative indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter.

Lot plan. A proposed lot plan showing, in addition to the information required by Article VIII of this chapter, the following:

Building permit application. A completed building permit application on forms to be supplied by the Town. A copy of the completed application shall be also filed with the Code Enforcement Officer (CEO), who shall collect any fees connected with that application.

Natural site features. Buildings, streets, parking areas and other improvements shall be designed and situated to minimize alteration of the natural site features.

Open space. Where otherwise required, open space shall include irreplaceable natural features located in the tract (such as, but not limited to, water bodies, significant stands of trees, individual trees of significant size, and rock outcroppings).

Visual impacts. Buildings shall be arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen area devoted to motor vehicle access, and reduce visual impacts to adjoining properties and public roads.

Development design. Diversity and originality in development layout shall be encouraged to achieve the best possible relationship between development and the land.

There shall be no more than four dwellings in each multiple-dwelling building or in multiple buildings on a single lot.

No structure shall be constructed within 50 feet of the edge of the right-of-way of any road through the development.

Roads shall comply with minor street requirements as specified in the Town Subdivision Regulations[1] and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

The development may be served by only one access to any public highway, unless topography or other physical features dictate the use of more than one access for safety reasons.

Parking shall comply with the standards of this chapter excepting that in addition to the normal required spaces per unit there shall be specifically provided, for every two units intended for rental or other transient occupancy, one additional space to accommodate guest parking needs. All off-street parking shall be adequately lighted and arranged as to direct light away from residences.

No structure shall be erected within a distance, equal to its own height, of any other structure.

All multiple-dwelling structures shall be a minimum of 50 feet from any of the exterior property or boundary lines of the particular project involved and 30 feet from any public right-of-way.

Where a property line is not wooded, a planting strip/buffer of up to 50 feet in width or privacy fence may be required to buffer adjoining property owners and ensure privacy. A landscaping plan may be required by the Planning Board.

Two-family dwellings. The parcel on which the principal structure proposed for conversion is located shall not be less than the minimum lot size required for a single-family dwelling as set forth on the schedule of district regulations (§ 300-4).

Multiple dwellings. Conversions to multiple dwellings shall comply with all requirements of § 300-7.1 of this chapter.