[Added 3-19-2009 by L.L. No. 1-2009[1]]
The purpose of a cluster development is to encourage flexibility
in the design and subsequent development of land in order to preserve
the natural resources and scenic qualities of open space.
The Planning Board is hereby authorized to approve a cluster development simultaneously with the approval of a plat or plats pursuant to §§ 276, 277, 278, and 279 of the New York State Town Law, Chapter 195, Subdivision of Land, of the Code of the Town of Lewisboro, and this chapter. This authorization shall be applicable to all zoning districts within the Town of Lewisboro.
Permitted uses within a cluster development shall be the same
as those otherwise permitted in the zoning district in which it is
located.
A.
Applicant/Owner request. An applicant/owner may apply for a cluster
development and the Planning Board may approve such development if,
in the Planning Board's judgment, a cluster development would benefit
the Town.
B.
Planning Board request. The Planning Board may request that the applicant/owner
apply for a cluster development, and the Planning Board may approve
such development if, in the Planning Board's judgment and with the
applicant/owner's consent, a cluster development would benefit the
Town. This subsection shall not be construed as allowing the Planning
Board to mandate a cluster development.
Except as specified herein, all procedures and development standards
applicable to conventional subdivisions shall also apply to cluster
development.[1]
A.
Density. A cluster development shall result in a permitted number
of building lots or dwelling units which shall in no case exceed the
number which could be permitted, in the Planning Board's judgment,
if the land were subdivided in lots conforming to the minimum lot
size and density requirements of the zoning district or districts
in which such land is situated and conforming to all other applicable
requirements. For this purpose, the applicant/owner shall submit a
sketch plan for a conventional subdivision to establish the maximum
possible number of units and the Planning Board may require any additional
information it deems necessary to make this determination. Where the
subject tract of land falls within two or more contiguous zoning districts,
the Planning Board may approve a cluster development representing
the cumulative density, as derived from the summation of all units
allowed in all such districts, and may authorize actual construction
to take place in all or any portion of one or more of such districts.
B.
Dimensional and bulk regulations. Regardless of the underlying zoning
district, lots created within a cluster development shall, at a minimum,
meet the dimensional and bulk requirements of the R-1A Zone as specified
in the Town's Schedule of Dimensional and Bulk Regulations for Residential
Districts.[1] Further, each lot shall contain, at a minimum, 35,000 square feet of contiguous buildable area, as required for the R-1A Zone under § 220-10E(2)(c) of this chapter. Should the Planning Board or applicant/owner desire to further reduce the dimensional and bulk regulations or the contiguous buildable area requirement, beyond that of the R-1A Zone, authorization must first be obtained by the Planning Board from the Town Board. Within 30 days of a written request from the Planning Board to the Town Board, the Town Board shall schedule the matter on a Town Board meeting agenda. The Town Board shall review any relevant written or oral comment submitted by the Planning Board and/or applicant/owner to aid in its deliberation. Within 60 days of the Planning Board's initial request, the Town Board shall determine whether to authorize a further reduction to the dimensional and bulk regulations.
[1]
Editor's Note: The schedule is included at the end of this chapter.
C.
Open space set aside. The amount of land to be set aside in perpetuity for active or passive recreational or open space purposes shall be determined on a case-by-case basis by the Planning Board in accordance with Chapter 195, Subdivision of Land, § 195-26, of the Code of the Town of Lewisboro. The Planning Board, as a condition of plat approval, shall establish conditions on the ownership, use, stewardship, and maintenance of such lands to ensure the perpetual preservation of such lands for their intended purposes.
