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Conservation Subdivisions
(1) Purpose. See § 120-911K(1) for details.
(2) Applicability. See § 120-911K(2) for details.

(3) Procedure for conservation subdivisions; design process for conservation subdivision open space.
(a) Delineation of open space. The area to be designated as open space or otherwise preserved as part of the development shall be delineated based upon the primary and secondary conservation areas. The proposed open space in conservation subdivisions shall be identified in accordance with the following: see § 120-911K(3)(a) for more detailed information.

(b) Open space design. See § 120-911K(3)(b) for details.

(c) Location of building sites. Potential building sites shall be tentatively located taking into consideration the proposed open space and/or the primary and secondary conservation areas identified in § 120-911K(6)(c), as well as other relevant data from the existing resources inventory and site analysis sketch plan, such as topography and soils. See § 120-911K(3)(c) for more details.

(d) Alignment of streets and ways and creation of a trail system. Based upon the designated building sites, a circulation plan shall be designed to provide vehicular and pedestrian access to each site. The street layout shall bear a logical relationship to topographic conditions. Impacts of the street plan on proposed conservation lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and minimizing cut and fill. Street connections shall generally be encouraged to minimize the number of new culs-de-sac and to facilitate access to and from buildings in different parts of the subdivision. A trail system shall be created within the open space to provide access from the subdivision homes to the open space network created by the subdivision.

(e) Drawing in the lot lines. See § 120-911K(3)(e) for details.

(4) Basic standards for conservation subdivisions.
(a) Conservation subdivisions shall meet all applicable requirements of this chapter.

(b) The Planning Board shall allow lots within conservation subdivisions to be reduced from standard subdivision standards as specified in the applicable zoning district. In return for the reduction in the requirements for lot area, frontage, and structure setbacks, the applicant shall provide common open space.

(c) In order to determine the maximum number of dwelling units permitted on a tract of land, the net residential acreage of the parcel shall be divided by the net residential density standard of the applicable zoning district. Density bonuses are applicable, per the appropriate zoning district standards (see Article 4: Zoning Districts).

(d) A landowner may choose not to maximize the development potential of a tract of land in the first subdivision application and reserve remaining development rights for a future subdivision application. In this instance, a conceptual master plan showing the location of future lots must be submitted. The conceptual master plan shall include the minimum information required for a sketch plan submission.
[1] The subdivider may retain ownership of the remaining land from which the subdivision lots are to be created, provided the portion of the remaining land counted toward the subdivision open space is subject to a permanent conservation or agricultural easement, or the subdivider may transfer ownership of the open space to a third party per § 120-911E(2)
[2] The land remaining will be a numbered lot within the subdivision.
[3] The open space standards in § 120-911K(5) shall apply.
 
(e) Each building envelope shall be an element of an overall subdivision plan for site development. Only developments having a total site plan for structures will be considered. The application shall illustrate the placement of building envelopes and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of§ 120-911K and of other relevant sections of these regulations.

(f) For conservation subdivisions that are not served by a public water supply, the applicant must demonstrate on the plan that it is possible to locate a subsurface wastewater disposal field and a well on each lot. When determined that it is necessary for specific lots, by the Planning Board, as a condition of approval, the location of these elements shall be elements of the subdivision plan, and any future changes to the location of these elements will require an amended subdivision plan review.

(g) Up to 30% of individual lots or dwelling units may have direct vehicular access onto a public street existing at the time of development.
[1] Driveways may cross the buffer and must run essentially perpendicular to the street.
[2] Driveways serving individual lots in a conservation subdivision on an existing public street must be separated from new driveways and street intersections by 300 feet.

(5) Arrangement of lots.
(a) Diversity and originality in lot layout and individual building site design shall be encouraged to achieve the best possible relationship between the proposed development and the land under consideration.

(b) Factors considered by the Planning Board when evaluating the proposed arrangement of lots shall include, but not be limited to:
[1] Arrangement of roads, stormwater facilities, wastewater and other utilities in conformance with the natural features of the parcel, minimizing changes to the topography.
[2] Minimization of impervious cover.
[3] Protection of stream corridors and other important habitat areas.
[4] Protection of wetlands.
[5] Feasibility of continued or future agricultural use.
[6] Feasibility of continued or future forest management.
[7] Relationship to neighboring property, including conservation easements or natural, cultural, recreational or scenic features.

(6) Open space requirements for conservation subdivisions.
(a) The open space provided by the conservation subdivision shall be identified on the recorded subdivision plan as "Open Space — Reserved for Recreation, Agricultural and/or Conservation Purposes."

(b) Minimum amount required. The amount of open space provided within the subdivision shall be equal to or greater than the sum of the following:
[1] All of the areas of the parcel that are deducted from the gross area of the site to determine the net residential area (see § 120-541, Net residential area or acreage); plus
[2] At least 50% of the remaining land that is not deducted from the calculated net residential area (see § 120-541, Net residential area or acreage).
 
(c) Priorities for land included in open space. The land set aside in the open space shall be selected based upon the following priorities:
[1] Primary conservation priorities.
[a] Streams, wetlands, floodplains, vernal pools, and areas with a slope in excess of 25%. Buffers that are required by ordinance along these protected resources shall also be considered primary conservation areas.
[b] Areas that maintain the rural character of roadsides.
[c] Scenic resources, including viewsheds and agricultural fields, along with the forested margin adjacent to these resources.
[d] Areas that are adjacent to other protected open space.
[2] Secondary conservation priorities.
[a] Areas that provide protection for unique or irreplaceable resources, including the habitat of rare, significant, or endangered species, archaeological or historic sites, landmarks, and cemeteries.
[b] Areas that provide for the continuation of resource systems into or through the site such as shorelands, river or stream corridors, wildlife travel corridors, trails, and unfragmented habitat blocks. The width of such corridors shall be as follows:
[i] Shorelands, river or stream corridors: 100% of the width of any required vegetative buffer, in addition to the required buffer.
[ii] Wildlife travel corridors: 300 feet.
[iii] Recreational trail corridors: 25 feet on either side of the trail. Unfragmented habitat blocks shall have a minimum contiguous area of 150 acres.
[c] Areas that encompass groups of small wetlands not included in primary conservation areas, as well as streams or ponds in a continuously forested area.
[d] Other secondary conservation areas, including fields, aquifer recharge areas, deer yards, and other identified habitat.
 
(d) For open space not retained by the subdivider, one principal access point having a minimum width of 20 feet shall be provided from the road network within the conservation subdivision. Additional, secondary points of access having a minimum width of 10 feet may be provided from individual lots when these lots abut or are located within a portion of the open space area.
[1] The size and location of the principal and secondary access points shall be reviewed and approved by the Planning Board as part of the Board's review of the conservation subdivision.
[2] In order to be eligible for any density bonus described in the applicable zoning district standards, the following conditions must be met: the open space must be open for general public use, not just homeowners within the subdivision or the subdivider; and the open space must either be accessed from an existing public street, or access is from an abutting property that is public, permanent open space or recreation land; or access must be formalized in easement language if access is to be provided over the new subdivision street or streets until such time as the subdivision street or streets are adopted by the Town. Access easements for the open space must be recorded at the registry prior to the issuance of building permits.

(e) The required open space shall not be used for commercial recreation or for private clubs whose membership is different from the homeowners' association.

(f) The proposed location of open space areas should also be considered in relation to other open space areas on abutting properties, and logical connections to and from open space areas on abutting properties should be given consideration by the Planning Board.

(7) Country subdivisions. As an alternative to conservation subdivision design in the Farm Zoning District and the Farm-Residential Zoning District, an applicant may choose a country subdivision design. This alternative does not include the reservation of open space or the level of site analysis and design required by a conservation subdivision. As a result, large residential lots are required in order to meet Town goals of protecting water quality and wildlife habitats and preserving rural character. See 1§ 120-911K(7) for more details.

See Article 9: Subdivision Review for detailed information.