Guide the future growth and development of the community consistent with the Town of Wheatfield's adopted comprehensive plan.

Guide the detailed analysis of a development parcel so as to locate and coordinate appropriate areas for development and conservation and encourage compatibility with surrounding land uses.

Preserve the rural character of the Town of Wheatfield through the permanent preservation of meaningful open space and sensitive natural resources.

Preserve scenic views by minimizing views of new development from existing roads.

Preserve prime agricultural land.

Provide commonly-owned open space areas for passive and/or active recreational use by all residents of the development and, where specified, the larger community.

Provide for a diversity of lot sizes, housing choices and building densities, to accommodate a variety of age and income groups.

Provide buffering between residential development and nonresidential uses.

Protect and restore environmentally sensitive areas and biological diversity, minimize disturbance to existing vegetation and maintain environmental and wildlife corridors. Green spaces need to be continuous and relatable.

Preserve significant archaeological sites, historic buildings and their settings.

Include the protection of wetlands, floodplains, mature woodlands, hedgerows, large trees, upland habitats, prime farmland, rare plant communities, endangered and threatened species, natural meadows, historic landmarks, and geological formations.

Promote the ecological, social, recreational, and economic value of undeveloped lands.

The above will be accomplished through the allowance of smaller lot sizes for single-family homes thus providing the opportunity for preserving more of the Town's important features.

In creating a conservation/cluster subdivision it is also the intent to accomplish reductions in impervious surfaces as compared to standard subdivision layouts, preserve and protect important resources that impact drainage, and to propose designs/layouts that reflect the conditions of the site and area and potentially improve those drainage conditions.

Pursuant to the provisions of Town Law § 278, the Town Board of the Town of Wheatfield does hereby authorize and in some cases may require the use of conservation/cluster subdivisions simultaneously with the approval of a subdivision plat or plats. The proposed use of these conservation/cluster subdivision regulations shall not be considered an allowed use in any zoning district, unless shown to meet the intent of this chapter, specifically authorized and then approved by the Wheatfield Town Board.

Approval of conservation/cluster subdivisions shall be subject to the conditions set forth in this article and in Town Law § 278 and the subdivision approval process set forth in the Code of the Town of Wheatfield. In accordance with the Town of Wheaffield's Subdivision Chapter, Chapter 169, the Planning Board of the Town of Wheatfield is a recommending board, and it will also provide its review and recommendation on conservation/cluster subdivisions.

Preemption: In addition to provisions of Town Law § 278, the provisions set forth in this article shall be followed in reviewing applications for conservation/cluster subdivisions. Whenever the provisions of this article are more restrictive than or contain additional requirements to § 278, the provisions of this article shall prevail.

Pre-submittal conference. Prior to submitting a formal conservation/cluster subdivision sketch plan application, the applicant shall be required to meet with the Town Board. The purpose of this meeting is to discuss the overall merits of a cluster development at the proposed site, and how the project would meet the intent and purposes of the law. One of the other major components of this meeting will be to discuss the drainage requirements of the Town, existing drainage conditions of the proposed project site and area, and any unique drainage problems that will need to be addressed in the formal application.

Two sketch plans (regular and cluster layout, as described later in this law) must be submitted that includes the information detailed in this article and the results of the Town Board input on drainage. The sketch plan shall be placed on the Planning Board agenda and the Planning Board will generate information as described below for use by the Town Board on their potential approval of a conservation/cluster subdivision.

The Planning Board may refer an application to other departments, boards and committees in the Town of Wheatfield for their opinion.

The Planning Board in reviewing this application can make a preliminary determination on the allowed number of lots, and suggest revisions to the proposed conservation/cluster plan to best meet the intent and purpose of this chapter.

Once the applicant has responded to these preliminary comments, the Planning Board can schedule a public information meeting to receive public input.

With the information obtained in these reviews and public input, the Planning Board can make a recommendation to the Town Board on the utilization of the proposed conservation/cluster design and the number of lots to be allowed. In this recommendation to the Town Board, the Planning Board can include input received from other departments, boards and committees of the Town.

The Town Board, upon receipt of this recommendation and accompanying materials, will make a decision on authorizing the use of the conservation/cluster design and the number of lots to be allowed. If authorized, this law allows that, at any time prior to approval of the conservation/cluster subdivision, the Town Board may choose not to accept the plat as proposed and not allow the use of the conservation/cluster subdivision law.

If the Town Board authorizes the use of conservation/cluster design, the Town Board can begin the SEQR coordinated review process (the coordinated review process would not formally begin until a complete preliminary application is received) and refer the subdivision back to the Planning Board.

Once a completed preliminary plat and required application materials are submitted to the Town, the Planning Board shall complete their review and recommendation of the preliminary plat. The process will then proceed in accordance with the requirements of this chapter and the Town's Subdivision Law (required public hearing, etc.).[1]

Conditions. Conservation/cluster subdivisions are not a use allowed by right. It may be allowed at the discretion of the Town Board, upon recommendation by the Planning Board. The procedure set forth herein and the authorization of conservation/cluster subdivision may be followed and allowed at the discretion of the Town Board, if and in the Town Board's judgment, its application would benefit the Town, meet the Town's goals and the objectives and the purpose and intent of this article. In some cases, for regular proposed subdivisions, the Town Board may require the use of a conservation/cluster design (to help protect/preserve important Town lands or to meet other Town objectives).

A base map (resource inventory or environmental suitability inventory map) and two plans as outlined below are required at the time of submission of the sketch or concept plan. The two plans that shall be submitted will include one layout designating the layout of a standard subdivision in accordance with the underlying zoning district and the second layout showing the proposed conservation/cluster subdivision. The base map shall illustrate all of the important features identified in the Town's Greenspace Master Plan and any other unique attributes of the site.

Maintenance/open space. The Town Board, as a condition of plat approval, shall establish such conditions on the ownership, use and maintenance of such open lands shown on the plat as it deems necessary to assure and preserve the natural and scenic qualities of such open lands (for example: dedication to the Town, restrictive covenants, homeowners' association, nonprofit conservation organization, etc.).

Additional requirements. In addition to the above, conservation/cluster subdivisions shall meet the following criteria, which shall not be waived by the Planning Board or Town Board:

In reviewing proposed conservation/cluster subdivisions, the Planning Board and Town Board shall evaluate subdivision layout with respect to the base map, which could include scenic views, natural landscape features, topography of the site, woodlands, wetlands, other features of the site and other adjacent areas and shall require development in a fashion and manner which it finds will enhance and preserve such features, including, but not limited to:

The Planning Board and Town Board may suggest additional amenities regarding open space. The Town's Comprehensive and Greenspace Master Plans shall be referred to and included in their analysis.

The common open spaces shall be clearly depicted upon the subdivision plan. The developer shall illustrate on the subdivision plan all improvements and modifications to the common space, such as trails, landscaping, recreational facilities, etc.

At the Town's option, open space may be accepted by dedication and operated or preserved by the Town as a public recreation facility.

If open space is not dedicated to the Town, it shall be protected by formal arrangements, such as homeowners' associations and conservation easements, which are satisfactory to the Town Board and Town Attorney and sufficient to assure its maintenance and preservation.

The provision of this article shall not be deemed to authorize a change in the permissible use of such lands as provided elsewhere in the Zoning Law of the Town of Wheatfield applicable to such lands.

Nothing herein shall supersede any requirements of the subdivision regulations in effect, which may impose additional requirements upon the developer for approval of the proposed subdivision.

Further subdivision of an approved conservation/cluster subdivision shall not be allowed. This shall be indicated on the final subdivision plat and recorded with Niagara County.