Additional procedures and requirements specific to conservation subdivisions/the open space amenity option (formerly known as the "open space incentive option").
These additional requirements will apply to incentive zoning applications which seek to develop a conservation subdivision.

(1) In addition to those requirements for incentive zoning applications generally, where a conservation subdivision is sought the following shall be provided: a concept map at a scale of one inch equals 100 feet, depicting the subject property, proposed uses, buildings, utilities, incentives, benefits and all other relevant aspects of the proposal shall also be submitted.
(2) All applications for a conservation subdivision shall also adhere to the submission requirements set forth within the Town of Henrietta Subdivision Regulations.
(3) Procedure for review of a conservation subdivision applications under this article shall follow the procedures set forth under § 295-60: Planning Board (NYS Town Law § 278) and this article as modified herein, except where there is any conflict with this article, this article shall control.
(4) A pre-application meeting with Town staff is required.

(a) In order to save the applicant and the Town time and expense, prior to submission of an application for a conservation subdivision, the applicant shall present a general description of the project to the Town Supervisor and the Director of Engineering and Planning at a pre-application meeting. The applicant shall provide an existing conditions analysis and concept plan and provide a description of how the project meets the purpose of this article, the Rural Development Design Guidelines, including a narrative sufficient for understanding the proposal. The Director of Engineering and Planning will direct the applicant to proceed to a meeting with the Planning Board or may recommend revisions to the concept plan prior to meeting with the Planning Board.
(b) The purpose of this meeting is to discuss and clarify the purpose and goals of the conservation subdivision approach, review the approval process and expected timetables, ensure that the project sponsor has access to the Town's Rural Development Design Guidelines, and review the general project description.
(c) Following completion of concept plan review of a subdivision application being considered for an open space incentive, the applicant shall proceed with the submission of a preliminary subdivision plan, incorporating the recommendations of the Planning Board. Final lot count and layout shall be determined after the fulfillment of all the requirements for a subdivision approval.

(5) The applicant shall submit the following information in addition to all requirements for submission of a concept plan per the Town of Henrietta's Subdivision Regulations.

(a) Conceptual site analysis and proposed development concept plans: These shall be developed per the four-step process outlined in the Rural Development Design Guidelines. Two drawings shall be prepared: a summary plan identifying existing natural and cultural resources, along with a concept plan showing proposed streets, lots, and conservation lands.
(b) Determination of unit (lot) count: The applicant shall include a table demonstrating the total unit count according to either the following Table 1: With central water and central sewer or Table 2: whether prime farmland is present on the property, or without central water, or without sewer, on which the proposed conservation subdivision is located and the amount of open space protected. Note: All numerical fractions shall be rounded down to the nearest whole number.
(c) Procedures for determining a residential density bonus, unit count and additional incentives must be based on buildable acreage.
(d) Determination of allowed development density. The maximum permitted development density shall be based on a calculation of total site area remaining after the subtraction of constrained lands based upon the tables in § 295-34.16A(5)(d).
(e) Example Unit Count Calculations:

[1] Unit count example: Using Table 1 with 50% open space provided. Using the open space amenity option, the allowed number of units is increased based on the amount of open space protected. For example:

[a] Parent lot: 100 acres.
[b] Unbuildable acres: 20 acres of wetlands.
[c] Buildable acres: 80 acres.
[d] Percent of open space protected: 50% (50 acres).
[e] Allowed units: 48 lots (80*0.60).

[2] Unit count example: Using Table 2 with 65% open space provided. Using the open space incentive option, the allowed number of units is increased based on the amount of open space protected. For example:

[a] Parent lot: 100 acres.
[b] Unbuildable acres: 20 acres of wetlands.
[c] Buildable acres: 80 acres.
[d] Percent of open space protected: 65% (65 acres).
[e] Allowed units: 28 lots (80*0.35).

(f) The above unit count calculation tables shall apply regardless of the district/location of the preserved open space or valuable resources.

Parcels may be eligible for the open space amenity, provided that the following criteria have been addressed to the Town Board's satisfaction:

(1) Selection of open space area. As outlined in the Rural Development Design Guidelines, the identification and designated conservation of natural, cultural and scenic resources shall be the starting point for the design of subdivisions utilizing the open space amenity. Protection of agricultural lands/soils and significant landscape features as outlined in the Rural Development Design Guidelines shall be considered first and foremost for conservation parcel designation. Additional lands or site features that contribute to the site's unique character may also be included in the conservation area.
(2) Land designated for conservation shall be subject to the approval of the Town Board in its sole and complete discretion as to whether and to what extent the land is appropriate for conservation.
(3) The applicant, Town staff and the Planning Board shall use the Rural Development Design Guidelines to identify appropriate open space or conservation lands. The Town Board shall make its decision based upon consideration of the Rural Development Design Guidelines and the Town's desire to:

(a) Protect existing farms and agricultural lands suitable for agriculture.
(b) Protect land for recreational uses, including trails.
(c) Protect valuable resources and environmentally sensitive lands.
(d) Protect lands unsuitable for development.
(e) Provide connections of larger tracts of land that have the potential to create networks of open space.
(f) Protect and enhance the rural character of the area.

(1) Lands designated for conservation under a conservation subdivision shall be held in private ownership unless such lands are found to be of significant Town-wide benefit. For conservation lands that will be primarily associated with an individual lot, the conservation land ownership should be tied to that lot. For conservation lands which will primarily benefit the owners of lots in a development, those lands should be held by a homeowners' association or similar entity. Conservation lands and easements may also be held by a land trust or similar entity as otherwise identified in this article. The applicant shall provide documentation for review and approval by the Town Board of the proposed ownership and management entity of the conservation lands. Conservation lands held in private ownership shall be described in a conservation easement and recorded by the Town on the official Zoning Map of the Town and recorded by the County Clerk.
(2) Town Board shall approve ownership of conservation lands. The Planning Board shall refer the preliminary subdivision plat to the Town Board for a determination on the acceptability of the proposed conservation lands in terms of proposed ownership. The Town Board may consider but shall not be obligated to accept ownership of any proposed conservation lands, either in fee simple or by conservation easement.

(1) Applicants under this section who provide the community with certain amenities as a result or part of new conservation subdivisions may receive an additional density bonus beyond what is allowed in the applicable zoning district and through the above open space incentives, all as set forth below. If additional bonuses are sought, the applicant shall include a table calculating desired bonuses according to the following calculations:

(a) Public access to conservation areas. Where the public is granted access to conservation areas or there is a linking of open space or trail corridors through the site with existing/proposed trails or open space networks, the development may be awarded a unit count bonus of up to an additional 10% of the units permitted according to the applicable table above. To qualify for the full 10%, the general public must have regular opportunity for access to and use of at least 33% of the conservation lands for active/pedestrian purposes.
(b) Protection of historically significant resources from development. Where a development protects historically significant buildings and their setting (e.g., a historic farmhouse and barn complex and surrounding open space), the development may be awarded a unit count bonus of up to an additional 10% of the units permitted according to the applicable table above. Historical significance, which will be established pursuant to the findings of the Town Historian, will inform the extent of the bonus.
(c) Protection of significant agricultural resources from development. Where a development protects and preserves agricultural uses/farms, the development may be awarded a unit count bonus of up to an additional 10% of the units permitted according to the applicable table above. To qualify for the full 10%, a minimum of 25 acres of farmland shall be protected.
(d) The Town Board reserves the right to award a unit count bonus of up to an additional 5% of the units permitted according to the applicable table above based on the provision of additional amenities provided by the project applicant that meet the purpose and legislative intent of this article and the Rural Development Design Guidelines.

(2) In no situation may the additional bonus hereunder increase the number of units allowed greater than an additional 20% of the units permitted according to the applicable table above.

(a) For example, if an applicant was entitled to 50 lots with central water and sewer available, after calculation of open space incentives pursuant to the above table, the maximum number of lots that could be allowed including additional incentives would be 60, due to an additional 10 lots, which 20% of 50. All numerical fractions shall be rounded down to the nearest whole number.

Lot sizes of lots in a conservation subdivision may be permitted to be smaller than the minimum lot area in the tables set forth above where lands that would otherwise comprise the yards of such lots are instead designated as common lands for the benefit of the subdivision, such as homeowners association lands. In this case, the following procedure shall be follows:

(1) The applicant shall submit a compliant map depicting the conservation subdivision designed in a manner complies with the lot areas in the tables set forth above, thus demonstrating that the conservation subdivision proposed meets the lot minimums provided in the tables above, but for the set aside as common lands of lands that would otherwise comprise the yards of said lots. When determining incentives/amenities and making calculations for such purposes, such calculations shall be made based upon this compliant map.
(2) The applicant shall also submit a modified map of the conservation subdivision showing the actual proposed project, with the smaller lots sizes and the lands that would otherwise comprise yards of the lots set aside and aggregated as common/HOA lands. These additional lands set aside as aggregated common/HOA lands shall not count towards satisfying open space requirements or otherwise as counting toward amenities.
(3) When ceding a portion of the yard, it is essential that the new property lines are not drawn in such a manner as to create an improper setback unless granted a specific area variance by the Zoning Board of Appeals for that particular parcel and approved as part of the Town Board's approval for the open space amenity.

F. Conditions to ensure protection of lands.
To ensure the enforcement of the provisions of this article, the Town Board as a condition to granting subdivision approval may require the applicant, developer or other owner of such subdivided property to make, execute, deliver or file such instrument or instruments as the Planning Board or Town Board shall determine to be reasonably necessary to protect and preserve and to limit or restrict the use of such open space in accordance with the spirit and Intent of this article.