6/26/22, 10:49 PM Gmail - Protecting our Environment - Critical Environmental Areas and Conservation Subdivision

Daniel T Warren <warren.danielt@gmail.com>

Protecting our Environment - Critical Environmental Areas and Conservation

Subdivision
Daniel T Warren <d.warren@roadrunner.com> Sun, Jun 26, 2022 at 12:39 PM
To: Gary Dickson <gdickson@twsny.org>, jpiekarec@twsny.org, rbreidenstein@twsny.org, skims@twsny.org,
jcantafio@twsny.org, ehicks@twsny.org

To the West Seneca Town Board and West Seneca Environmental Commission:

Back in 2008 The UB School of Law presented a number of suggestions for the Town of West Seneca to undertake to
improve and preserve our environment.  One of the suggestions was to designate certain areas in Town as Critical
Environmental Areas ("CEA") under SEQRA.  In this regard it was recommended that the Town designate the following as
CEAs:

Buffalo Creek to 100 yr. floodplain

Cazenovia Creek to 100 yr. floodplain

Cayuga Creek to 100 yr. floodplain

Smokes Creek to 100 yr. floodplain

Freshwater wetlands of 1/2 acre +

Steep Slopes

Leydecker Woods

Attached is their presentation on SEQRA and this suggestion. This presentation also addresses the old Technical
Advisory Committee ("TAC") which has since been abolished.

Another suggestion was for the Town to enact a Conservation Subdivision Ordinance.  Attached is their presentation and
draft ordinance on this issue.

I believe we need to improve our efforts in these areas and would urge you to work towards implementing both of these
suggestions.  Particularly in light of the environmental issues we have been experiencing and will continue to experience.

Respectfully,

Dan Warren
836 Indian Church Road
West Seneca, NY 14224

3 attachments
SEQRA WS.ppt

3384K
NewConservationOrdinance.pdf

2901K
West_Seneca_cons_ord_RAV_final.doc

140K

https://mail.google.com/mail/u/0/?ik=fcc23ecd37&view=pt&search=all&permmsgid=msg-a%3Ar8537879175835975294&simpl=msg-a%3Ar853787917… 1/1
SEQRA and MUNICIPAL
RESPONSIBILITIES

STATE UNIVERSITY OF NEW YORK AT BUFFALO

LAW SCHOOL
ENVIRONMENTAL LAW AND POLICY CLINIC

ROBERTA VALLONE KELLAM, DIRECTOR

CHRISTINE MEYERS, STUDENT

APRIL 29, 2008

 STATE ENVIRONMENTAL
QUALITY REVIEW ACT (“SEQRA”)

 Enacted by State in 1975 , Article 8 of the ECL

 REGULATIONS PROMULGATED 1978 BY NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION (“DEC”) – 6 NYCRR Part 617
 DEC is only state agency that is legislatively authorized
to interpret SEQRA
 Modeled after the National Environmental Policy Act
(“NEPA”)
 SEQRA Makes SENSE
Smart, Informed Decision-making for
Municipal Agents and Elected Officials
Tools for Community
Provides Opportunity for Municipality to
ensure Quality, Sustainable Development
Protect your Town’s SENSE OF PLACE
Provides Mechanism for Resolving Public
Conflicts
Provides Comfort in the face of litigation
Provides framework for protecting cultural
and natural resources
 Critical Environmental Areas (CEA’s)

 Town may designate specific geographic areas within

its boundaries as CEAs
 CEA must have an exceptional or unique quality of:
 a benefit or threat to human health;
 a natural setting (e.g., fish and wildlife habitat, forest and
vegetation, open space and areas of important aesthetic or
scenic quality);
 agricultural, social, cultural, historic, archaeological,
recreational, or educational values; or
 an inherent ecological, geological or hydrological sensitivity to
change that may be adversely affected by any change.
 How will CEA’s affect the Town?

1. Determination of
Significance
 Not an automatic
Type I action
2. Evaluation of
environmental
impacts
3. Preserve valuable
natural resources
 CEA’s in Erie County

 Town of Hamburg
 Eighteen Mile Creek

 Town of Cheektowaga
 Freshwater Wetlands w/in Town

 Reinstein Woods

 John Stiglmeier Park

 Cayuga Creek to 100 yr. floodplain

 Suggested CEA’s in W. Seneca

 Buffalo Creek to 100 yr. floodplain

 Cazenovia Creek to 100 yr. floodplain
 Cayuga Creek to 100 yr. floodplain
 Smokes Creek to 100 yr. floodplain
 Freshwater wetlands of 1/2 acre +
 Steep Slopes
 Leydecker Woods
 Procedures for Designating CEA’s

 Written public notice and public hearing

 Must identify the boundaries and specific characteristics
warranting it to be a CEA
 Notification of designation as CEA must include map
of area, written justification for designation, and
proof of public hearing
 Above notification must be filed with:
 The commissioner of the DEC
 Appropriate regional office of DEC
 Any other agency regularly involved in actions in the town.

 CEA designation takes effect 30 days after filing

 SEQRA Legislative Intent

 That all agencies conduct their affairs with an

awareness that they are stewards of the air, water,
land, and living resources, and that they have an
obligation to protect the environment for the use and
enjoyment of this and all future generations.
 The environmental considerations should be given
“appropriate weight” with social and economic
factors…..
 Purpose

 To incorporate the consideration of environmental

factors into the existing planning, review and
decision-making processes of state, regional and
local government agencies at the earliest possible
time.
 Environmental Factors are not the “sole
consideration” in decision-making.
 SEQRA Does not Dictate Outcome

 Provides Guidance for Evaluating a Project for:

 Developer

 Municipality

 Public
 Is it subject to SEQRA?
Who must comply

 State agencies
 Counties
 Towns
 Villages
 Districts
 Special Boards
 Public Authorities
 What Roles do they play?
Lead Agency
 Usually the Agency
with the threshold
decision on a project.
 Responsible for:
 Coordinating Review with
other agencies
 Determining Significance
 Determining Adequacy of
Environmental Impact
Statement
Involved Agency
 Other agencies with
permits or approvals
related to a project.
 Opinions must be
considered by Lead
Agency
 Cannot issue permits
or approvals until Lead
Agency completes the
SEQRA process
 Lead Agency
Delegation of SEQRA
Authority
AND THE WEST SENECA
TECHNICAL ADVISORY COMMITTEE (TAC)
 Lead Agencies may get advice & assistance
from others on:

 Advice on preparation/review of EAFs

 Recommendation on significance of actions
 Preparation and review of EISs
 Recommendation on scope, adequacy and contents
of EISs
 Preparation and filing of SEQR notices and
documents
 Conduct of public hearings
 Recommendations to decision makers
 Lead Agencies may not delegate:

 Ultimate decision-making authority

 Determination of environmental significance
 Approval/ disapproval of project
based on EIS, etc.
 Entire SEQRA review process
 Must integrate consideration of environmental factors
into overall review of project
 No permanent lead agencies
 West Seneca
Technical Advisory Committee (“TAC”)

 Appointed in Chapter 67 of Town Code

“Environmental Quality Review”
 Members:
 Building Inspector, Engineer, fire inspector, chairman of
Planning Board, person appointed. by Town Board
 TAC should not be:

 Making determinations of environmental

significance (pos. or neg. declarations)
 Deciding whether public hearing is necessary
 Making final approvals/ disapprovals of projects
based on EAFs, EISs, public comments, or hearings
 TAC most likely can:

 Give advice to lead agencies on preparation/review

of EAFs
 Prepare EISs for lead agencies
 Make recommendations to lead agencies on
significance of actions, scope/adequacy/ content of
EISs
 Assist lead agencies with prep./filing of SEQR
notices/ documents and conducting of public
hearings
Who should act as lead agents?

 Planning Board
 For Site Plan Review and Subdivision applications
 Town Board
 For restricted use permits
 Whatever board, group or individual has
ultimate approval authority for action
 No ultimate approval authority for TAC in code
 Zoning Code §120-28.5

 SEQRA process also mentioned here

 May need further inquiry into consistency with
SEQRA
What triggers SEQRA – an ACTION

1. Projects or physical activities, such as

construction, that may affect the environment,
that:
(i) are directly undertaken by an agency;
(ii) involve funding by an agency; or
(iii) require one or more new or modified approvals
from an agency or agencies.

MOST LAND USE DECISIONS ARE “ACTIONS”

 Other ACTIONS

1. Agency planning and policy making that may affect the

environment and commit the agency to a definite course
of future decisions; (e.g. Comprehensive Plan)

2. Adoption of rules, regulations, procedures, local laws,

codes, ordinances, executive orders and resolutions that
may affect the environment. (e.g. Stormwater
regulations)
 What is NOT an Action? (ECL 8-0105(5))

 Enforcement activities
 Acts of prosecutorial discretion
 Repair of an existing structure with no modification
 Official acts of a ministerial nature involving no
exercise of discretion.
 What type of Action is it? CLASSIFY the Action

 Type I Actions: Likely to have significant impacts

 Non-residential projects physically altering more than 10 acres of
land.
 Zoning change affecting more than 25 acres
 Adoption of Comprehensive Plan
 Type II Actions: Minor, ministerial, presumption of NO significant
impact
 Constructing single 1, 2 or 3 family dwelling
 Agricultural practices
 Non-discretionary approvals like building permits
 Once an Action is determined to be a Type II Action, no further review is
required
 Unlisted Actions: Evaluation of Impacts done on case by case basis.
These actions range in scope from just below a Type I action to just
above a Type II action.
 Step 2:
Complete an Environmental Assessment Form

Form is Needed: No Form is Needed:

 Type I Actions – Long  Type II Actions

Form
 Unlisted Actions –
Short or Long Form
Review of Environmental Assessment Forms

 Short Form
 Long Form: Part I is the Responsibility of the
Applicant
 Verified by Applicant to promote honesty
 Features of site, parameters of action, and other involved
agencies must be identified.
 Step 3: Coordinated Review

 Lead Agency coordinates the entire SEQRA

process
 Coordinated Review streamlines the SEQRA
process when many agencies have to consider a
project b/c all agencies must comply with SEQRA
 Type I Actions require Coordinated Review
 Unlisted Actions do not require it, but it is
beneficial to the applicant to have coordinated
review.
 All involved agencies are identified and copied on
EAF, DEIS, FEIS and given opportunity to
comment.
 Step 4: Determination of Significance
(of environmental impacts)

 The Lead Agency must determine if a proposed

action may or will not have significant adverse
impacts on the environment.
 Determinations of significance must be based on
information provided by the project sponsor in an
Environmental Assessment Form, other
supporting documents and comments from
involved agencies.
 NO Segmentation: The Lead Agency must
determine whole action
 Factors to Consider in Ensuring
Segmentation Does not occur

 Common Purpose
 Common Location
 Synergistic impacts
 Common Ownership
 Part of Overall Plan
 Dependent Utility
 Inducement – commitment of agency to
subsequent action
Still Step 4: Criteria for Determining Significance

 Regulations specify the criteria that Lead Agency

must consider in Determining Significance
 PART 2 of LONG EAF
 Responsibility of LEAD AGENCY – NOT
APPLICANT
 If unsure, err on the side of expecting an impact
 If one or more impact is potentially large, a detailed
evaluation of the importance of the impacts must be
prepared.
 What do the regulations say?

 Substantial adverse impacts to:

 air quality

 ground or surface water quality or quantity

 traffic or noise levels

 substantial increase in solid waste production

 a substantial increase in potential for erosion, flooding,

leaching or drainage problems
 Habitat, flora and/or fauna, endangered species, aquatic
habitats, migratory species needs
 Other Criteria as per regulations

 the impairment of the environmental characteristics of

a Critical Environmental Area
 conflict with a community's current plans or goals as
officially approved or adopted;
 the impairment of the character or quality of important
historical, archeological, architectural, or aesthetic
resources or of existing community or neighborhood
character (that sense of place);
 Other Criteria as per Regulations

 a major change in the use of either the quantity or type

of energy;
 the creation of a hazard to human health;
 a substantial change in the use, or intensity of use, of
land including agricultural, open space or recreational
resources, or in its capacity to support existing uses;
 Other Criteria as per Regulations

 the encouraging or attracting of a large number of

people to a place or places for more than a few days,
compared to the number of people who would come to
such place absent the action;
 the creation of a material demand for other actions that
would result in one of the above consequences;
 Changes in two or more elements of the
environment, no one of which has a significant
impact on the environment, but when considered
together result in a substantial adverse impact on
the environment
 Two or more related actions undertaken, funded or
approved by an agency, none of which has or
would have a significant impact on the
environment, but when considered cumulatively
would meet one or more of the criteria in this
subdivision.
 No Impacts=Negative Declaration

 A Negative Declaration is the Lead Agency’s

determination that the action will not have
significant environmental impacts.
 Sufficient written justification for the determination
must be provided.
 Legal Standards: Record must show that agency
identified relevant areas, took a “hard look” at
concerns, and made a reasoned elaboration (Jackson
case)
 Conditioned Negative Declaration

 Only for UNLISTED ACTIONS

 Action as initially proposed may result in a
significant adverse environmental impact
 However, mitigation measure required by Lead
Agency will modify action so that no significant
impacts will result.
 Positive Declaration

 When the Lead Agency determines that there may be

one or more significant adverse environmental
impacts from a proposed action, an Environmental
Impact Statement must be prepared.
 There is a low threshold for requiring EIS:
(H.O.M.E.S.)
 Scoping of Draft Environmental Impact Statement

 Scoping is optional
 COMMUNITY INPUT is required in Scoping
 Takes about 60 days
 Identifies topics that are most important
 Identifies practicable alternatives
 Inclusive process, public involvement, collaboration
with involved agencies
 Allows public concerns to shape the inquiry
 Step 5: Preparation of Draft EIS

 Unlike NEPA, the applicant has the option of

preparing DEIS.
 Lead Agency may charge the Applicant for the cost of
preparing the DEIS, or recover its costs for the Lead
Agency’s review of the DEIS.
 If the DEIS is not sufficient, the Lead Agency may
decline to accept it, but must inform the Applicant of
the deficiencies with specificity.
 SEQRA FEES: 6 NYCRR 617.13

 Typically the Applicant prepares the DEIS at its own

expense
 The municipality typically hires expert consultants to
review the DEIS to ensure it is adequate, to ensure that all
of the concerns are addressed, and that any impacts can be
mitigated – the Applicant reimburses the Town for these
costs
 SCOPING COSTS ARE INCLUDED
 The fee schedule is:
 For Residential Projects, no more than 2% of the total project
value
 For Nonresidential Projects, no more than .5% of the total
project value
 DEIS

 Assembles all relevant and material facts upon which

an agency's decision is to be made.
 It must analyze the significant adverse impacts and
evaluate all reasonable alternatives.
 It must provide details of mitigation measures that
would be taken to offset any adverse impacts.
 The scope of a DEIS goes far beyond the EAF: it is
ENVIRONMENTAL, SOCIAL AND ECONOMIC……
 Step 6: Determining Adequacy of DEIS

Legal Standards for Completeness:

(i) a concise description of the proposed action, its
purpose, public need and benefits, including social
and economic considerations;
(ii) a concise description of the environmental
setting of the areas to be affected, sufficient to
understand the impacts of the proposed action and
alternatives;
(iii) a statement and evaluation of the potential
significant adverse environmental impacts at a level
of detail that reflects the severity of the impacts and
the reasonable likelihood of their occurrence. The
draft EIS should identify and discuss the following
only where applicable and significant:
(a) reasonably related short-term and long-term impacts,
cumulative impacts and other associated environmental
impacts;
(b) those adverse environmental impacts that cannot be avoided
or adequately mitigated if the proposed action is implemented;
c) any irreversible and irretrievable commitments of
environmental resources that would be associated with the
proposed action should it be implemented;
(d) any growth-inducing aspects of the proposed action;
(e) impacts of the proposed action on the use and conservation
of energy
(f) impacts of the proposed action on solid waste management
and its consistency with the state or locally adopted solid
waste management plan;
(g) impacts of public acquisitions of land or interests in land or
funding for non-farm development on lands used in
agricultural production and unique and irreplaceable
agricultural lands within agricultural districts pursuant to
subdivision (4) of section 305 of article 25-AA of the
Agriculture and Markets Law; and
(iv) a description of the mitigation measures;
(v) a description and evaluation of the range of
reasonable alternatives to the action that are feasible,
considering the objectives and capabilities of the
project sponsor. Must include the no action alternative
- evaluate the adverse or beneficial site changes that are
likely to occur in the reasonably foreseeable future, in
the absence of the proposed action.
 Step 6: Determination of Adequacy

 If DEIS is Adequate, the Notice of Completion is

published by Lead Agency, indicating that the DEIS
is available for public review and comment (Step 7)
 If DEIS is not Adequate, then a written explanation
is returned to the Applicant
 Public Comment

 Step 8: Receive Public Comment

 Step 9: Decide Whether to Hold a Public Hearing
 The public hearing can be held in conjunction with public
hearing for underlying land use decisions
 Step 10: Prepare Final EIS

 Responsibility of Lead Agency

 Must be prepared within 45 days of close of public hearing

 Or within 60 days of DEIS, which occurs last.

 FEIS includes:
 Draft EIS

 All comments from public and involved agencies

 Lead Agencies responses to those comments

Step 11: Final Decision – Findings statement

 Responsibility of Lead Agency and each involved

agency before making a decision on a project.
 Positive Findings: Adverse environmental impacts
are balanced against public need and benefits.
 Adverse impacts still must be avoided or mitigated.
 Mitigation Measures in Findings Statement

 Lead Agency may impose conditions and mitigation

measures, even those that fall outside scope of its
jurisdiction, to offset adverse impacts identified in the
DEIS.
 For example:
 Donation of recreational lands
 Contribution to sewer upgrades
 Traffic signal installation, turn lane construction on feeder roads
 Mitigation of wetland or wildlife habitat impacts that fall below state or
federal regulatory thresholds through protecting other properties
 Architectural standards to ensure a project conforms with neighborhood
 Enforceable by Lead Agency through other approvals
 Project Denial

 Negative Findings: On the consideration of the facts.

 Must show the project alternative does not minimize
adverse environmental impacts
 Must show that the project alternative does not
incorporate practicable mitigation measures.
 Challenge: Article 78 Proceedings

 New York CPLR 7800 proceeding against a Body or

Officer
 Were Procedural requirements met?
 Did the agency identify the relevant areas of concern, take
a “hard look” at them, and make a “reasoned elaboration”
on the basis for its decision
 Standing: must have environmental injury in fact
different from the general public
 The Applicant, a neighbor, a non-profit group with a
particular interest
 Remedy

 Nullification of action taken by agency

 Remand to Agency to re-do the SEQRA process
 Children’s Hospital Helipad decision: Judge says
SEQRA negative declaration by Buffalo Planning
Board was “arbitrary, capricious, irrational, and
contrary to law” – remitted to City for further
consideration of SEQRA
 University at Buffalo Law School
Environmental Law and Policy Clinic
April 22, 2008
Roberta (Vallone) Kellam, Esq., Director
Email: sophieandfolly@yahoo.com
Polly Hampton, JD Candidate
` Home Rule
` Town Law and Village Law enabling statutes
` Comprehensive Planning
` Zoning
` Subdivision of Land
` Cluster Subdivision
` Environmental Review (SEQRA)
` The division of land for purpose of creation of
building lots.

` Regulates the layout of streets, lots,

infrastructure to ensure that services will be
adequate

` Authority granted by State to all Village, Town

and City governments
1. Trafficproblems
2. Loss of Open Space
3. Loss of Wildlife Habitat
4. Loss of Outdoor Recreation areas
5. Impairment of Trail Systems
6. Degradation of Water Quality
7. Loss of Community Character
8. Loss of Agricultural Resources
9. Loss of Cultural Resources (historical, Native,
archaeological)
10.Tax Increases to support infrastructure
` 2006 Comprehensive Plan

` Declining population

` Aging population

` Aging Infrastructure – CSOs, Roadways

 18 Lots
Lot sizes: 20,000 – 40,000 sq.ft.
50% Undivided Open Space
Identify Conservation Areas
Potential Development Areas fall
outside Conservation Areas
Locating Houses
Designing Street Layout
Drawing the Lot Lines
` Nashville, TN
` Caledonia, WI
` Saratoga Springs, NY
` Colonie, NY
` New Scotland, NY
` Atlanta, GA (several suburbs)
 ***DRAFT***

Town of West Seneca

Conservation Subdivision Ordinance
April 2008
University at Buffalo Law School
Environmental Law and Policy Clinic
Roberta Vallone, Director
Polly Hampton, Student

Introduction.

This Conservation Subdivision Ordinance was prepared by the University at Buffalo Law School, Environmental Law and Policy Clinic,
for the Town of West Seneca, New York. The Ordinance complies with the cluster subdivision requirements of New York State statutory and
case law, as interpreted by the UB Law School Environmental Law and Policy clinic.

Municipalities in New York have both the right and the responsibility to regulate land use within their borders, pursuant to the New York
State Constitution, common law of nuisance, and the statutory delegation of comprehensive planning, zoning, subdivision of land and site plan
approval. A Comprehensive Plan lays out a community’s vision and projects the pattern of growth and development. A Town’s Zoning Code
controls land use and should reflect the objectives of the municipality’s Comprehensive Plan. Subdivision Regulations control the pattern of
development. Even a community without zoning may adopt rules for ensuring that a land subdivision does not result in negative impacts to
community services. The subdivision of land defines the pattern of a community, which in turn shapes its character. Dividing land also
defines traffic circulation patterns and access and future rights-of way. Even with these authorities, many municipalities in New York do not
comprehensively regulate land use within their boundaries and may be poorly prepared when large federal or state infrastructure projects appear
on the horizon.

What is a Conservation Subdivision?

Using powers already granted to municipalities, a town may adopt a Conservation Subdivision ordinance that promotes the protection of
greenways, trails and wildlife habitat without impinging on private property rights. Conventional subdivision authority is granted to
municipalities by New York State in Section 276 of the Town Law. Conservation subdivisions, as described below, must additionally comply
with New York State Town Law Section 278, which authorizes local governments to incorporate cluster development standards into their

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subdivision review process. The Cluster Subdivision option permits a local Planning Board to suspend the bulk density standards of its zoning
code and to allow development to be concentrated on a smaller portion of the tract, leaving the remainder of the tract undeveloped. The
resulting layout will largely depend on the physical attributes of the tract itself and its relationship to the surrounding area. Cluster
developments are beneficial to both the community and the developer: they preserve open space that is available to all residents for recreational
purposes, promote more walkable and interactive neighborhoods, and reduce the costs of both construction and infrastructure maintenance.

A local government's use of cluster zoning will generally survive challenge if four requirements are met:
1. The overall density of the cluster development on the tract must not be greater than would be allowed by
otherwise applicable local laws and regulations;
2. The local ordinance allowing cluster development must state that the purpose of the ordinance is to promote
the public health, safety, and welfare;
3. Cluster development must not be statutorily prohibited. The general grant of authority by the state will
generally suffice to allow a municipality to cluster development; and
4. General procedural requirements must be followed such as providing neighboring property owners with
adequate notice and opportunity to be heard.

Additionally, the Town Board must clearly specify the zoning districts to which the Conservation Subdivision Ordinance is
applicable, even if the authorization is a blanket authority extended to "all residential property" which makes up most of the municipality.
The Planning Board may compel a cluster subdivision only in the event that its municipal code sets out clear standards for triggering that
requirement. For example, the Town of West Seneca’s zoning code could be amended to include the following language:

“Permitted Districts. Conservation subdivision development, pursuant to Chapter ____ of the Town Code,
shall be applied within the R-50, R-65, R-75, R-90 and R-100A zoning districts, at the discretion of the planning
board.”

Town of West Seneca Conservation Subdivision Ordinance.

This Ordinance has been prepared in a table format so that the ordinance language is on the left, and the instructions and comments are on
the right. Because West Seneca has already adopted a conventional subdivision ordinance, this conservation subdivision ordinance serves to
augment Chapter 103 of the Town Code. Part I of this document lists various Purposes, all of which are reflected in the Town of West Seneca
Comprehensive Plan. Section V of this document contains a Prioritized List of Resources to be Protected, which reflects the goals and
priorities of the Comprehensive Plan and The Town of West Seneca Municipal Open Space and Greenway Protection Report (Jan. 1999),
adopted by the Town of West Seneca in 2006. By adopting a Conservation Subdivision Ordinance, the Town of West Seneca is taking

2
significant steps to preserve its natural resources, promote better land use planning, and realize the goals that have been articulated in its
Comprehensive Plan.

CONSERVATION SUBDIVISION ORDINANCE INSTRUCTION FOR USE AND

OTHER COMMENTS
Conservation Subdivisions enable a
I. PURPOSE. development that groups units on the
more buildable portion of a tract, while
This [permissible/mandatory] Conservation Subdivision Ordinance is established to preserving 50% of the tract including
enable and encourage flexibility of design and development of land in such a manner natural drainage systems, open space, and
as to preserve the natural and scenic qualities of open lands and to provide for the environmentally and culturally sensitive
permanent preservation of at least 50% of a tract of land that is intended to be areas. The guiding purpose and principles
subdivided in order to: of the Conservation Subdivision approval
process are listed here.
a. Promote environmentally sensitive and efficient use of the land
b. Provide for the preservation of the Town’s limited areas of open space, • These guiding principles must be
especially the areas identified in the Town of West Seneca Municipal Open related to the health, safety and
Space and Greenway Protection Report (January 1999). welfare of the community and
c. Preserve area creeks and their associated floodplains for both public health and other values identified in a
safety reasons, including protection against property damage and for legally-adopted Comprehensive
environmental protection.. Plan and Zoning Code.
d. Preserve in perpetuity:
1. Unique or sensitive natural resources such as groundwater, floodplains and • Note that the municipality should set
floodways, wetlands, streams, woodlands and wildlife corridors and out whether the ordinance is
habitat; permissible or mandatory.
2. Scenic views, vistas, gorges and steep slope areas;
3. Archeological, historical, and culturally-significant areas; • Note that the municipality should
4. Agriculture and farmland. determine the desired percentage
e. Permit grouping of houses and structures on less environmentally sensitive soils based on its goals and objectives.
that will reduce the amount of infrastructure, including paved surfaces and We used “50%” because it is
utility easements, necessary for residential development. commonly used by other
f. Minimize land disturbance and removal of vegetation during construction municipalities.
resulting in reduced erosion and sedimentation.

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 g. Promote interconnected Conservation Lands and wildlife and other natural
corridors through the community.
h. Promote the health, safety and welfare of the community.

II. AUTHORIZATION AND APPLICABILITY. The ordinance must specify the zoning
districts to which the conservation
This local law is enacted pursuant to New York State Town Law §§276 and 278 and subdivision procedure may be applicable.
authorizes the Planning Board to adopt the use of conservation subdivisions in However, it is sufficient if the delegation
conjunction with the subdivision review process. This local law is also authorized of authority to a planning board provides
pursuant to the Town of West Seneca Comprehensive Plan, which recommends that it is applicable to all residentially
cluster development regulations to protect the remaining undeveloped lands in the zoned property in the municipality.
Town and help preserve environmentally-sensitive lands. This local law applies to
__________ [list individual] zoning districts (alternatively, “all residentially-zoned
property”) as specified in Section ________ of the Zoning Code of the Town of
West Seneca.
III. DEFINITIONS. The following terms are used in the
context of conservation subdivisions
Conservation Lot. A privately-owned lot comprising part of an area of open land. and should be added to a previously-
existing definitions section. A
Conservation Subdivision. A residential subdivision in which lots are located in a municipality may wish to add other
manner that reduces the area of land needed to be cleared, graded, and converted terms to ensure clarity and avoid
from agricultural, woodland, or wildlife habitat uses to building sites, driveways, confusion with other local laws.
and yards. Building lots are clustered in a smaller area of development so that at
least ___ percent of the site can remain undeveloped. (Note: In descriptive terms
-- not in a regulatory way -- it can be said that in such developments, lot sizes,
dimensions, and setbacks are less than those typically required for conventional
subdivisions, although the total number of dwellings is not increased.)

Conservation Lands. That portion of a tract that is set aside for the protection of
sensitive natural features, farmland, scenic views, and other unique features as
described in the Priorities of Resources to be Conserved at Section V. (Note: In
descriptive terms -- not in a regulatory way -- it can be said that Conservation
Lands may be accessible to the residents of the development and/or municipality,

4
 or it may contain areas of conservation lots which are not accessible to the
public.)

Non-Common Open Space. Land designated as permanent open space, but not
subject to common ownership by a homeowner association. (Note: In descriptive
terms -- not in a regulatory way -- it can be said that non-common open space is
typically situated within large “conservation lots” at least ten acres in extent, or
within nonresidential lots used for compatible rural resource uses such as
agriculture, horticulture, silviculture, or equestrian boarding.)

State Environmental Quality Review Act (SEQRA). Article 8 of the New York State
Environmental Conservation Law and applicable regulations (6 N.Y.C.R.R. Part 617).

Watercourse. Any stream, pond, lake, drainage channel, or other area of land that
is normally or seasonally filled with water.

Wetlands. Those areas that are inundated or saturated by surface or groundwater

at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, whether or not such areas fall within federal or state
regulatory jurisdictional parameters. Wetlands include areas commonly referred
to as marsh, fen, swamp, wooded swamp, bog, vernal pool, riparian corridor, and
forested floodplain.
IV. DEVELOPMENT STANDARDS AND GENERAL REQUIREMENTS If not already included, this language,
FOR ALL SUBDIVISIONS. which emphasizes preservation of
existing features or the dedication of
1. Preservation of Existing Features. parkland or open space when necessary
to meet the recreational needs of the
(a) Existing features that are important to the natural, scenic, and historic expanding population, can be added to a
character of the Town or that add value to residential development, such as large pre-existing subdivision ordinance.
trees, watercourses, wetlands, vernal pools, scenic views, historic places, and Such language is normally found in the
similar irreplaceable assets, shall be preserved, insofar as possible, in the design “general requirements” and/or
of subdivisions. “development standards” section of the

5
 ordinance.
(b) The Planning Board may impose reasonable restrictions designed to preserve
such features. The language in this section also gives
the Planning Board the authority to
(c) No tree with a diameter of eight inches or more, as measured three feet above require a Conservation Subdivision to
the base of the trunk, shall be removed unless such tree is within the right-of-way preserve existing features upon review
of a street as shown on the final Subdivision Plat. Removal of additional trees of a proposal.
shall be subject to Planning Board approval. In no case, however, shall a tree
with a diameter of eight inches or more, as measured three feet above the base of
the trunk, be removed without prior Planning Board approval.

(d) Topsoil shall not be removed from the site except with the approval of the
Planning Board.

(e) Where a proposed Subdivision contains open space of conservation value, the
Planning Board may require a Conservation Subdivision to ensure the
preservation of such open space.

2. Parks and Recreational Land. The Town’s Subdivision Ordinance does

not include appropriate provisions for
(a) The Planning Board may require a park or parks to be located on the parks and recreation lands. The language
Subdivision Plat if a need for a park has been demonstrated based on an in this section should be adopted to
evaluation of the present and anticipated future needs for park and recreational amend the Town’s Subdivision
facilities in the Town. Ordinance. Note that a Conservation
Subdivision with approved open space
(b) Before the Planning Board may approve a subdivision, such Subdivision Plat has been held in New York to be
shall show, when required by the Planning Board, a park or parks suitably located required to also pay a recreation fee if
for playground or other recreational purposes. proper findings are made by the
Planning Board. Sepco Ventures, Ltd. v.
(c) The Planning Board may require reservation of all or a portion of any lands Planning Board of the Town of Woodbury, 230
within the Subdivision Plat that have previously been designated as potential A.D.2d 913, 646 N.Y.S.2d 862 (2d Dept. 1996)
recreation land in the Comprehensive Plan, Open Space Plan or Zoning Law.

6
 (d) In the event that the Planning Board makes a finding, pursuant to Subsection
(a) above, that the proposed Subdivision Plat presents a proper case for requiring
a park or parks suitably located for playgrounds or other recreational purposes,
but that suitable parks or recreation areas of adequate size to meet this
requirement cannot be properly located on such Subdivision Plat, the Planning
Board may require a sum of money in lieu thereof, in an amount to be established
by the Town Board. In making such determination of suitability, the Planning
Board shall assess the size and suitability of lands shown on the Subdivision Plat
that could be possible locations for parks, recreational facilities, or recreation
areas, as well as practical factors including whether there is a need for additional
facilities in the immediate neighborhood and whether the location of the proposed
recreational land is shown in the Comprehensive Plan or Zoning Law (if
applicable). Any monies required by the Planning Board in lieu of land for park,
playground, or other recreational purposes, pursuant to the provisions of this
Section, shall be deposited into a designated fund to be used by the Town
exclusively for park, playground, or other recreational purposes, including the
acquisition of property.

3. Landscaping Requirements. Landscaping Requirements are not

mandatory for Conservation
(a) Wherever possible, existing native vegetation and trees shall be retained and Subdivisions. This language is included
land disturbance for creation of building sites and lawn areas shall be minimized. for information purposes.

(b) As a condition of subdivision approval, the Planning Board shall require the
planting of native hardwood shade trees at intervals of 40 feet on both sides of all
new streets.

(c) Where lots are created with reverse frontage on new streets or existing roads
or highways, a no-cut buffer area of at least 75 feet shall be provided along such
roads in which no land disturbance may occur (except as necessary for drainage,
utilities, and pedestrian or bicycle paths) and in which either landscaped screening
shall be planted or maintained, or natural vegetation shall be permitted to grow
into woods. This buffer requirement may be waived in the Hamlet District (if

7
 applicable), where solid wooden fencing not less than four feet high may be
substituted for the 75-foot buffer.

V. CONSERVATION SUBDIVISION REQUIREMENTS AND This section constitutes the bulk of a

PROCEDURES: Conservation Subdivision ordinance and
should be added to the Subdivision
I. Resource Conservation and Conservation Lands Delineation Standards. Ordinance in its entirety.

1. Prioritized List of Resources to be Protected. The design of Conservation This “prioritized list” assists both the
Lands in any subdivision shall incorporate the following resources if they are Town and developer in identifying those
present on the tract (listed in order of significance): natural features that must be preserved
when planning and developing the
(a) The Town of West Seneca Comprehensive Plan identifies the area’s creeks and proposed conservation subdivision.
their associated floodplains as one of the most dominant environmental features
of the Town. They are important as open space corridors, greenspace and for A municipality should establish its
environmental protection purposes, and there is significant public support for their priorities in a legally adopted
protection. Therefore, pursuant to the Comprehensive Plan, the following creeks Comprehensive Plan and Zoning Code
and their associated floodplains shall be protected: in order to provide legal justification.
This is a suggested list and a suggested
1. Buffalo Creek order of significance based upon West
2. Smoke’s Creek Seneca’s Comprehensive Plan and Open
3. Cazenovia Creek Space and Greenway Protection Plan.
4. Cayuga Creek The Town may further refine these
priorities and may determine other
(b) The Town of West Seneca Municipal Open Space and Greenway Protection resource priorities through the
Report (January 1999) identifies fifteen Special Focus Areas (SFAs) that, based Comprehensive Planning process or it
on their significant environmental features, shall receive the highest priority for may adopt the list as presented herein.
protection. A map delineating these SFAs is attached to this local law and the
Report is incorporated by reference.

(c) All other stream channels, 100-year floodplains, wetlands, wet soils, swales,
springs, vernal pools, and other lowland areas, including adjacent buffer areas,
which may be required to ensure their protection. All perennial and intermittent

8
streams and associated floodways with a 75-foot corridor measured from the outer
edge of the floodway.

(d) Significant natural areas of species listed as endangered, threatened, or of

special concern, as identified by the New York State Department of
Environmental Conservation and the United States Fish and Wildlife Service.

(e) Moderate to steep slopes of 15 percent or more, particularly those adjoining

watercourses and ponds, where disturbance and resulting soil erosion and
sedimentation could be detrimental to water quality.

(f) Archaeological sites, cemeteries and burial grounds.

(g) Healthy woodlands, particularly those performing important ecological

functions such as soil stabilization and protection of streams, wetlands and
wildlife habitats.
1. Pursuant to the Town of West Seneca Comprehensive Plan, Leydecker
Woods shall be protected when the West Seneca Developmental Center is
redeveloped.

(h) Areas where precipitation is most likely to recharge local groundwater

resources because of topographic and soil conditions affording high rates of
infiltration and percolation.

(i) Hedgerows, groups of trees, large individual trees of botanic significance, and
other vegetation features representing the site’s rural past.

(j) Class I, II, and III agricultural soils as defined by the USDA Natural Resource
Conservation Service.

(k) Historic structures and cultural sites such as buildings older than 100 years,
stone walls, cellar holes, abandoned public roads, family cemeteries, etc.

9
(l) Visually prominent topographic features such as knolls, creek gorges, hilltops
and ridges, and scenic viewsheds as seen from public roads (particularly those
with historic features).

(m) Existing trails connecting the tract to other locations in the municipality.

(n) Areas identified as significant for water quality protection through a

Watershed Plan.

2. Other Design Considerations. The configuration of proposed Conservation This section lays out the requirements for
Lands set aside for common use in residential subdivisions shall comply with the the design of Conservation Lands. Such
following standards: standards include:
• accessibility to residents
(a) Conservation Lands shall be free of all structures except those listed in • habitat conservation
Section (1)(k) above and those related to Conservation Land uses. The Planning • interconnectivity for wildlife and
Board may grant approval of structures and improvements required for storm trails
drainage, sewage treatment and water supply within the Conservation Lands, • lack of development, including
provided such structures would not be detrimental to the Conservation Lands (and structures and roads.
the acreage required for such uses is not credited towards minimum Conservation
Lands acreage requirements for the tract, unless the land such structures occupy is
appropriate for passive recreational use). The Planning Board may also grant
permission to construct small, modest buildings for recreational uses, such as
shelters for the use of ice skaters, etc.

(b) Conservation Lands shall be directly accessible to the largest practicable

number of lots within the subdivision. Non-adjoining lots shall be provided with
safe and convenient pedestrian access to Conservation Land.

(c) Conservation Lands shall be interconnected wherever possible to provide a

continuous network of open space within and adjoining the subdivision.

(d) Conservation Lands shall provide buffers to adjoining farmland, parks,

preserves or other protected lands.

10
 (e) Except in those cases where part of the Conservation Land is located within
private lots, Conservation Lands shall provide for pedestrian pathways for use by
area residents. Consideration shall be given to providing for public access on
such trails if they are linked to other publicly-accessible pathway systems within
the municipality. Provisions should be made for access to the Conservation Lands
as required for land management and emergency purposes.

(f) Conservation Lands shall be undivided by public or private streets, except

where necessary for proper traffic circulation.

(g) Conservation Lands shall be suitably landscaped either by retaining existing

natural cover and wooded areas and/or according to a landscaping plan to protect
resources. Such landscaping shall emphasize the planting of native trees, shrubs,
and wildflowers.

(h) Conservation Lands shall be consistent with the Town’s Comprehensive Plan
and its Municipal Open Space and Greenway Protection Report.

II. Conservation Land Ownership and Maintenance Standards. Permanent protection of Conservation
Lands is a critical step in the proper
1. Permanent Protection. All Conservation Land shall be permanently execution of conservation subdivision
restricted from future subdivision and development. Under no circumstances shall approval. This section provides for a
any development be permitted in the Conservation Lands at any time, except for number of ownership and maintenance
those uses listed in Sections 2(a) and 1(k) above. options for Conservation Lands
including:
2. Ownership and Protection Options. The following methods may be used, • fee simple dedication to the
either individually or in combination, to create and/or convey ownership of and municipality,
permanent protection for Conservation Lands: • ownership by residents via some
form of homeowners’ association,
(a) Fee Simple Dedication to the Town. The Town may, but shall not be required • donation of lands to a land trust or
to, accept any portion of the Conservation Lands that Applicant may wish to similar conservation organization,
voluntarily offer, provided that: • donation to County or State

11
 government.
1) There is no cost of acquisition to the Town; and,
Unless otherwise provided for, the
2) The Town agrees to and has access to maintain such Conservation Lands. developer shall own and maintain all
Conservation Lands. A maintenance plan
(b) Condominium or Homeowners’ Association. Conservation Lands may be must be developed and provided to the
classified as common facilities and held by a Condominium or Homeowners’ Town [Village]. A municipality may not
Association, subject to such provisions set forth in state regulations and statutes. have the authority to require a developer
In addition, the following regulations shall be met: to transfer ownership of conservation
lands. Kamhi v. Planning Board of the Town of
1) Applicant shall provide the municipality a description of the Yorktown, 59 N.Y.2d 385, 465 N.Y.S.2d 865, 452
organization of the proposed association, including its by-laws, and all N.E.2d 1193 (1983).
documents governing ownership, maintenance, and use restrictions for
common facilities, including Conservation Lands

2) The proposed association shall be established by the owner or

Applicant and shall be operating (with financial subsidization by the owner
or Applicant, if necessary) before the sale of any dwelling units in the
development.

3) Membership in the association shall be automatic (mandatory) for all

purchasers of dwelling units therein and their successors in title.

4) The association shall be responsible for maintenance and insurance of

common facilities, including Conservation Lands

5) Written notice of any proposed transfer of common facilities by the

association or the assumption of maintenance for common facilities must be
given to all members of the association and to the Town no less than thirty
days prior to such event.

6) The association shall have adequate staff to administer, maintain, and

operate such common facilities.

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(c) Private Conservation Organization, State Government Agency, or Town of
West Seneca. With permission of the municipality, an owner may transfer either
fee simple title of the open space or conservation easements on the open space to
a private non-profit conservation organization or state, county, or town agency
provided that:

1) The conservation organization is acceptable to the municipality, holds

non-profit status pursuant to IRS Section 501(c)(3) and state non-profit
corporation law, and is a bona fide conservation organization intended to
exist in perpetuity;

2) The Conservation Lands are permanently restricted from future

development through a conservation easement and the municipality is given
third party enforcement rights; and

3) In the event that a conservation easement is established with a

conservation organization, a maintenance agreement acceptable to the Town
is established between the owner and the organization.

(d) Non-Common Private Ownership and “Conservation Lots”. Up to 80

percent of the required Conservation Lands may be included within one or more
large "conservation lots" of at least ten acres provided the open space is
permanently restricted from future development through a conservation easement
(which may be held and enforced by the Town). The purpose of the conservation
lot is to provide surrounding residents with visual access to Conservation Lands,
while keeping the land under private ownership and maintenance. Only a small
portion of such lots may be developed; the remainder must be protected through
conservation easements and used in conformance with standards for Conservation
Lands. Public access to conservation lots is not required.

3. Maintenance.

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(a) Unless otherwise agreed to by the Town, the cost and responsibility of
maintaining common facilities and/or Conservation Lands shall be borne by the
property owner.

(b) Applicant shall, at the time of preliminary plan submission, provide a Plan
for Maintenance of Conservation Lands and Operation of Common Facilities in
accordance with the following requirements.

1) The Plan shall define ownership;

2) The Plan shall establish necessary regular and periodic operation and
maintenance responsibilities for the various kinds of open space (i.e. lawns,
playing fields, meadow, pasture, cropland, woodlands, etc.);

3) The Plan shall estimate staffing needs, insurance requirements and

associated costs, and define the means for funding the maintenance of the
Conservation Lands and operation of any common facilities on an ongoing
basis. Such funding plan shall include the means for funding long-term
capital improvements as well as regular yearly operating and maintenance
costs;

4) At the Town’s discretion, Applicant may be required to escrow

sufficient funds for the maintenance and operation costs of common facilities
for up to one year; and

5) Any changes to the maintenance plan shall be approved by the Board.

(c) In the event that the organization responsible for maintaining the
Conservation Lands and the common facilities, or any successor organization
thereto, fails to maintain all or any portion thereof in reasonable order and
condition, the municipality may assume responsibility for maintenance, in which
case any escrow funds may be forfeited and any permits may be revoked or
suspended.

14
(d) The Town may enter the premises and take corrective action, including
extended maintenance. The costs of such corrective action may be charged to the
property owner, condominium association, homeowners’ association,
conservation organization, or individual property owners who make up a
condominium or homeowners’ association and may include administrative costs
and penalties. Such costs shall constitute a lien on said properties. Notice of such
lien shall be filed by the Town in the office of the Clerk.

4. Design Standards for Conservation Subdivisions. Where a Town has determined that
conservation subdivisions shall be
Four-Step Design Process for Conservation Subdivisions. All concept plans for developed, this four-step design process
Conservation Subdivisions shall include documentation of a four-step design process ensures that lots and streets are sited only
in determining the layout of proposed conservation lands, house sites, streets and lot after natural resources have been
lines as described below and illustrated in Figure 4-2. preserved.

Step 1: Delineation of Conservation Lands • Step one requires developers to

identify and set aside
a. The percentage and acreage of required Conservation Lands shall be Conservation Lands based upon
calculated by the applicant and submitted as part of the concept plan. the natural resources, hydrology
Road rights-of-way shall not be counted towards the required minimum and slope of the proposed site.
open space. Only after Conservation Lands
b. Conservation Lands shall be determined in the following manner: have been categorized and
1. At least 50% of the land in the tract shall be set aside. delineated may the remaining
2. Conservation Lands shall be chosen based upon the priorities lands be divided for development.
listed in Section ______, unless the applicant demonstrates that • (Again, note 50 percent land to be
this provision would be counter to the purposes of a set-aside – may be adjusted based
Conservation Subdivision. on community desires.)
3. Additional consideration shall be given to the configuration of
the tract, the tract's context to adjacent resource areas, and the
applicant's subdivision objectives.
c. Conservation Lands shall be delineated outside of individual
development lots in a manner clearly indicating their boundaries as well

15
 as types of resources included within them.

Step 2: Location of Building Areas. Potential building areas shall be tentatively • Step two requires developers to
located using the map delineating Conservation Lands, supplemented by existing locate potential house sites using
conditions data required for concept plan approval. Building areas should generally the remaining land area. It also
be located not closer than 100 feet from Conservation Lands, taking into requires a buffer between the
consideration the potential negative impacts of residential development on such house sites and the Conservation
areas as well as the potential positive benefits of such locations to provide attractive Lands.
views and visual settings for residences. Locating building areas on ridges, hilltops,
along peripheral public roads or in other visually prominent areas should be
minimized.

Step 3: Alignment of Streets and Trails. After designating the building areas, a • Step three provides for layout of
street plan shall be designed to provide vehicular access to each building area, streets and trails, and requires that
complying with the standards in these Subdivision Regulations and bearing a developers consider sensitive

16
 logical relationship to the topography of the property. Impacts of the street plan on Conservation Lands so as to avoid
proposed Conservation Lands shall be minimized, particularly with respect to disturbing such areas. Cul-de-sacs
crossing environmentally sensitive areas such as wetlands, streams, and slopes are also discouraged, while
exceeding 15 percent. Street connections shall minimize the number of cul-de-sacs pedestrian-friendly trails and
and facilitate access to and from building areas in different parts of the property and access points are encouraged.
adjoining properties.

Step 4: Drawing in the Lot Lines. Upon completion of the preceding three steps, lot • Step four finalizes lot lines based
lines shall be drawn as required to delineate the boundaries of individual residential upon final layout of streets and
lots, using Section ______of the Zoning Code to determine minimum lot sizes. trails.

5. The “Yield Plan” Approach for Determining the Maximum Number of Lots The “yield plan” formula is a method for
in Conservation Subdivisions. determining the maximum number of lots
allowed in a conservation subdivision.
(a) The maximum number of residential building lots permitted in a Conservation
Subdivision shall be based upon a “Yield Plan” showing a conventional lot layout A conservation subdivision may not
on the property, with all lots conforming to the requirements for conventional include more lots than would be allowed
subdivisions as specified in the local zoning law for the zoning district in which in a conventional subdivision had none of
the subdivision is proposed. the land been set aside for Conservation
Lands. Lot sizes are permitted to be
(b) A Yield Plan shall be prepared as a conceptual layout showing proposed lots, much smaller than would be required in a
streets, rights-of-way, and other pertinent features. Although it must be drawn to conventional subdivision.
scale, its dimensions may be approximate (to the nearest foot). Most importantly,
it must be a realistic layout reflecting a development pattern that could reasonably
be expected to be implemented, taking into account the presence of wetlands,
floodplains, steep slopes, existing easements or encumbrances and, if unsewered,
the suitability of soils for subsurface sewage disposal.

(c) Yield Plan Dimensional Standards. Lots on Yield Plans shall conform to the
minimum dimensional requirements pertaining to new lots within conventional
residential subdivisions in the zoning district where the proposed subdivision is
located.

17
 (d) In no case shall the maximum number of residential building lots exceed the
number which could be permitted, in the planning board's judgment, if the land
were subdivided into lots conforming to the minimum lot size and density
requirements of the zoning ordinance or local law applicable to the district or
districts in which such land is situated and conforming to all other applicable
requirements.

6. Lot Sizes in Conservation Subdivisions.

(a) There shall be no minimum lot size in a conservation subdivision. The

Planning Board shall determine appropriate lot sizes in the course of its review of
a conservation subdivision based upon the purposes and design criteria established
in this Section.

(b) There shall be no required area, bulk, or dimensional standards in a

conservation subdivision, except that where such subdivision abuts an existing
residence in a residentially zoned area, a suitable buffer area shall be required by
the Planning Board. This buffer shall be at least the same distance as the
minimum rear or side yard setback in the district in which the abutting land is
located.

(c) The applicant shall specify dimensional requirements for a proposed

conservation subdivision by identifying setbacks and other lot dimensions to be
incorporated into the Final Plat.

VI. SUPPLEMENTAL APPLICATION PROCEDURES AND SUBMISSION This supplemental language may be
REQUIREMENTS added to pre-existing sections of the
original subdivision ordinance
A. Planning Board Discretion. pertaining to application procedures and
submission requirements for
If necessary to protect the public health, safety, and welfare (including conservation subdivisions.
maintenance and continuity of Conservation Lands) and pursuant to the objectives

18
 of the Comprehensive Plan and the Open Space Plan, the Planning Board may
require Applicant to comply with some or all of the requirements specified for
Conservation Subdivisions.

B. Sketch Plan Overlay Sheet.

When a Conservation Subdivision is utilized, the Sketch Plan shall be designed in

accordance with the four-step design process described in Section III above, and
with the Resource Conservation and Conservation Lands Delineation Standards
listed in Section I above. Review of such Sketch Plan Overlay Sheet shall include
a review of compatibility of the proposal with respect to the objectives and policy
recommendations of the Comprehensive Plan and the Open Space Plan.

C. Notice.

Conservation Subdivisions shall be subject to the same review at a public hearing

or hearings as are currently required pursuant to the local subdivision law.

D. Additional Requirements for Conservation Subdivisions.

(1) Conservation Subdivision Preliminary Plat.

Conservation subdivision preliminary plats shall include:

(a) All parcels of land proposed to be dedicated to public use or preserved as

open space and the conditions of such dedication or preservation.

(b) In Conservation Subdivisions, where the topography is such as to make

difficult the inclusion of any of the required facilities within the public areas as
laid out, the boundaries of proposed permanent easements over or under private
property. The permanent easements shall not be less than 20 feet in width and
shall provide satisfactory access to an existing public highway or other public
highway or public open space shown on the Subdivision Plat.

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(c) If the proposed subdivision is a Conservation Subdivision, the total permitted
lot count for the entire tract shall be equal to the number of lots that could be
created following a conventional design approach with no open space, as
described in Section IV above (“Yield Plans”).

(2) Preliminary Resource Impact and Conservation Plan.

(a) A Preliminary Resource Impact and Conservation Plan shall be prepared for
all conservation subdivisions to categorize the impacts of the proposed activities
and physical alterations on those resources shown on the Existing Resources and
Site Analysis Map. All proposed improvements, including but not necessarily
limited to grading, fill, streets, buildings, utilities and stormwater detention
facilities, as proposed in the other Preliminary Plat documents, shall be taken into
account in preparing the Preliminary Resource Impact and Conservation Plan,
which shall clearly demonstrate that Applicant has minimized site disturbance to
the greatest extent practicable.

(b) Using the Existing Resources and Site Analysis Map as a base map, impact
areas shall be mapped according to the following categories: (1) primary impact
areas, i.e., areas directly impacted by the proposed subdivision, (2) secondary
impact areas, i.e., areas in proximity to primary areas which may be impacted, and
(3) designated protected areas, either to be included in proposed Conservation
Lands or an equivalent designation such as dedication of a neighborhood park
site.

(c) This requirement for a Preliminary Resource Impact and Conservation Map
may be waived by the Planning Board if, in its judgment, the proposed
development areas, as laid out in the Sketch Plan or in the Preliminary Plat,
would be likely to cause no more than an insignificant impact upon the site’s
resources.

(3) Preliminary Improvements Plan

20
In addition to those items normally included, the Preliminary Improvements Plan
shall include the following additional items:

(a) Boundaries of Conservation Lands;

(b) Limit-of-disturbance line (must be exact in relation to the retention of existing

trees proposed to be saved);

(c) Approximate location and dimensions of proposed playgrounds, public

buildings, public areas and parcels of land proposed to be dedicated or reserved
for public use;

(d) Approximate location of proposed shade trees, plus locations of existing

vegetation to be retained;

(e) A Plan for Maintenance of Conservation Lands and Operation of Common

Facilities as required under Section II.3.b above.

(4) Study of Conservation Subdivision Preliminary Plat.

The Planning Board shall study the suitability of the Preliminary Plat taking into
consideration the requirements of the community, the purposes and requirements
of the Master Plan and the Zoning Law, the best use of the land being subdivided,
and the impacts of the proposed Subdivision on the functioning of farm operations
in an agricultural district as shown in any agricultural data statement. The
Planning Board may suggest alternatives including different lot configurations or
non-residential uses in order to protect farm operations. Particular attention shall
be given to the arrangement, location, and width of streets and their relation to
topography, water supply, sewage disposal, drainage, lot size and arrangement,
the future development of adjoining lands as yet unsubdivided, and the Town’s
goals of protecting its natural, historic, scenic, and agricultural resources while
providing affordable housing, promoting economic development, and diversifying

21
its tax base.

(5) Conservation Subdivision Final Plat Documents and Procedures.

The Final Plat shall show dedicated public open spaces, areas protected by
conservation easements, and open spaces or recreation areas where Applicant
reserves title. Applicant shall submit copies of executed deeds, conservation
easements, and such other agreements or documents as are necessary to show the
manner in which such areas are to be owned, maintained, and preserved.

All offers of cession and conservation easements or covenants to the Town shall
be approved by the Town attorney.

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