Whenever any subdivision of land is proposed,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdividing owner, or his or her
authorized agent, shall apply for and secure approval of such proposed
subdivision in accordance with the following procedure, which includes
basically two steps for a minor subdivision and three steps for a
major subdivision, although a major subdivision procedure may be accomplished
in two steps, as follows:
[Added 7-12-1995 by L.L. No. 4-1995; amended 8-12-2020 by L.L. No. 2-2020]
There shall be created a Minor Subdivision Review
Committee, which will be made up of the Planning Board Chair or his/her
designee and the Building and Zoning Inspector. This Committee shall
have the authority to review minor subdivisions for approval or referral.
A.
Approval. The Minor Subdivision Review Committee may approve the subdivision without further Planning Board review if it is found that the proposed minor subdivision does not present a municipal concern which can negatively impact on the health, safety and welfare of the community or its residents. For guidelines, see § 184-3, Purpose.
B.
Referral. If after review by the Minor Subdivision
Review Committee it is found that significant Town issue exists, then
the minor subdivision will be referred to the Planning Board. After
referral to the Planning Board, the Planning Board shall follow the
two-step procedure outlined in this article.
C.
The division of a lot of record into more than three
lots in a six-year period will necessitate a major subdivision review.
A.
Prior discussion of requirements. Before preparing
the sketch plat, the applicant should discuss with the Planning Board
the procedure for approval of a subdivision plat and the requirements
as to general layout of roads and for reservations of land, road improvements,
drainage, sewerage, water, fire protection and similar matters, as
well as the availability of existing services. The Planning Board
will advise the applicant, where appropriate, to discuss the proposed
subdivision with officials of the Fire Department, Police Department,
Highway Department, Department of Public Works and any other department
who must review and approve certain aspects of the subdivision within
their jurisdiction. The Planning Board will refer the applicant to
the Town of Eden's Rural Development Guidelines, which shall be kept
on file at the Town Hall in the Building Department and at the Town
Clerk's office. These guidelines should be used by the applicant to
help design his/her subdivision.
[Amended 11-14-2001 by L.L. No. 8-2001]
B.
State environmental review. All subdivision applicants
will be processed in accordance with the requirements of the State
Environmental Quality Review Act (SEQRA), and appropriate environmental
assessment forms will be required at various stages of approval by
the Planning Board.
C.
Application procedure and requirements. Prior to subdividing
or resubdividing land, an owner of land, or his or her representative,
shall file an application for approval of a sketch plat. The application
shall:
(1)
For major subdivisions, provide a cluster comprehensive
plan in accordance with the provisions set forth herein, unless the
Planning Board shall deem clustering impractical because of the area
or dimensions of the entire plot.
[Added 7-10-1996 by L.L. No. 5-1996]
(2)
For minor subdivisions or for major subdivisions for
which clustering has been waived by the Planning Board, provide a
standard plan for development.
[Added 7-10-1996 by L.L. No. 5-1996]
(3)
Be made on forms available at the Eden Town Hall.
(4)
Include all contiguous holdings of the owner, including land in the same ownership, as defined in Chapter 225, Zoning, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall note the dates the respective holdings of land were acquired, together with the liber and page of each conveyance, unto the present owner as recorded in the County Clerk's office. The affidavit shall advise the legal owner of the property, the contract vendee of the property, the date contract of sale was executed and, if any corporations are involved, a complete list of all directors, officers and stockholders of each corporation owning more than 5% of any class of stock.
(5)
Be accompanied by a minimum number of eight copies of the sketch plat as described in Article VI, Specifications for Documents to be Submitted, § 184-37 of these regulations, and complying in all respects with Article III, Subdivision Application Procedure and Approval Process, of these regulations and with the provisions of §§ 276 and 277 of the Town Law.
(6)
Be presented to the Planning Board at least 21 days
prior to the date of a regularly scheduled Planning Board meeting.
(8)
Include an address and telephone number of an agent
located within the County of Erie who shall be authorized to receive
all notices required by these regulations.
D.
Requirements and classifications. Classification of the sketch plat shall be made at this time by the Planning Board as to whether the subdivision is a major or minor subdivision as defined in these regulations. Subsequent to classification of the subdivision by the Planning Board, the Board shall place the matter on the next available regular meeting agenda of the Board for consideration of the sketch layout. Subsequent to such consideration and approval by the Planning Board, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat as provided in Article III, § 184-20, if classified as a minor subdivision, and if classified as a major subdivision, the applicant must first file an application for approval of a preliminary plat as provided in Article III, § 184-19, before filing for final subdivision plat approval. However, the Planning Board, in the case of a major subdivision, may permit the applicant to file simultaneous applications for preliminary plat and final subdivision plat approval.
E.
Planning Board review of sketch plat. The Planning
Board will study the sketch plat, taking into consideration the purposes
and requirements of these regulations.
F.
Field trip; temporary staking. After the regular Planning
Board meeting at which the subdivision is first discussed, the Board
may schedule a field trip to the site of the proposed subdivision.
In order to facilitate field inspection and review of the site of
the proposed subdivision, temporary staking along the center line
of all proposed roads in the subdivision may be required in time for
such field trip or, if impracticable, the Planning Board shall permit
a suitable alternative procedure.
G.
Report of sketch plat and approval. After reviewing
and discussing the sketch plat, the Planning Board will advise the
applicant of the specific modifications, if any, including the proposed
site of any park reservations which it will require in the layout
and the character and extent of required improvements and reservations
which it will require as a prerequisite to the approval of the subdivision
plat. The Planning Board shall approve, with or without modification,
or disapprove the sketch plat, but prior to approval of the final
subdivision plat, the Planning Board may require additional changes
as a result of further study of the subdivision at further stages
of submission. If the Planning Board approves a sketch plat, the applicant
may prepare and submit a preliminary plat, and final subdivision plat
if authorized by the Planning Board, in the case of a major subdivision,
and a final subdivision plat in the case of a minor subdivision.
A.
Application procedure and requirements. Based upon
the action of the Planning Board, the applicant shall file an application
for approval of a preliminary plat in the case of a major subdivision,
which may be accompanied by an application for a final subdivision
plat if authorized by the Planning Board. The application shall:
(1)
Be made on forms available at the Eden Town Hall,
together with a submission fee as specified in the Standard Schedule
of Fees;[1] every subsequent preliminary plat submission shall be
accompanied by an additional submission fee as therein specified.
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Town offices.
(2)
Include all land which the applicant proposes to subdivide
and all land immediately adjacent extending 100 feet from the street
frontage of such opposite land, with the names of owners as shown
in the Town Board of Assessors' files. This information may be shown
on a separate current Tax Map reproduction from the Board of Assessors'
office showing the subdivision superimposed thereon. An affidavit
shall be submitted by the applicant declaring that the names and addresses
of the adjacent or opposite property owners are correct as within
the knowledge of the applicant.
(5)
Comply in all respects with the sketch plat as approved.
(6)
Be presented to the Planning Board at least 21 days prior to a regular meeting of the Board. A preliminary plat which does not fully comply with the requirements of § 184-38 or which is accompanied by construction plans which do not fully comply with the requirements of § 184-39 shall not be deemed to be officially submitted for the purposes of these regulations. The Planning Board is authorized to reject such an application that does not fully comply.
B.
Public hearing on preliminary plat.
(1)
The Planning Board shall follow the procedures of
Town Law § 276, Subdivision 5 to approve, approve with conditions
or disapprove the preliminary plat. Before the Board approves a preliminary
plat showing park reservation or land for other municipal use proposed
to be dedicated to the Town, the Board shall obtain approval of the
park or land reservation from the Town Board.[2]
(2)
At the time of the public hearing, the applicant shall
submit an affidavit stating that he or she has notified by certified
mail, return receipt requested, each owner of property within 500
feet of any boundary of the subdivision, as indicated on the application
for subdivision approval, and at least five days prior to the public
hearing, and that the applicant has placed posters provided to him
or her by the Planning Board, for a fee as noted in the Schedule of
Fees,[3] in visible locations surrounding the proposed subdivision
property, as specified by the Planning Board.
[Amended 7-13-1994 by L.L. No. 6-1994[4]]
C.
Public improvements. The Planning Board shall require
the applicant to indicate on the preliminary plat all roads and public
improvements to be dedicated, all districts for water, fire or utility
improvements, if any, which shall be required to be established or
extended upon petition of the applicant to the Town Board and any
other special requirements deemed necessary by the Planning Board
in order to conform the subdivision plat to the Official Map and Comprehensive
Plan of the Town.
D.
Tenure of Planning Board approval. Within six months
of the approval of a preliminary plat, the applicant shall submit
the plat in final form. The approval of a preliminary plat shall be
effective for a period of one year, at the end of which time final
approval on the subdivision must have been obtained from the Planning
Board, although the plat need not be signed and filed with the County
Clerk. Any plat not receiving final approval within the period of
time set forth herein shall be null and void, and the applicant shall
be required to resubmit a new plat for preliminary approval subject
to all new zoning requirements and subdivision regulations.
E.
Zoning requirements. Every plat shall conform to existing zoning requirements and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to Chapter 225, Zoning, rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within a one-year period.
F.
Soil and excavation permit. Subsequent to final approval,
the developer shall apply for a soil and excavation permit in accordance
with the provisions of the Town Code governing excavation and topsoil
removal and, upon receipt of such permit, may commence construction
to the grades and elevations required by the approved construction
plans.
G.
Model homes. For the purpose of allowing the early
construction of model homes in a subdivision, the Planning Board in
its discretion may permit a portion of a major subdivision, involving
no more than two lots, to be created in accordance with the procedures
for minor subdivision, provided that said portion derives access from
an existing Town, county or state highway, and provided that no further
road or other improvement is anticipated where said lots are proposed.
The subdivision plat for the minor portion shall be submitted to the
Planning Board simultaneously with the preliminary plat for the entire
major subdivision. Subsequent to preliminary approval, the models
may be constructed subject to such additional requirements that the
Planning Board may require.
A.
Application procedure and requirements. Following
the approval of the sketch plat in the case of a minor subdivision
or of the preliminary plat in the case of a major subdivision or in
conjunction with a preliminary plat if authorized by the Planning
Board for a major subdivision, the applicant, if he or she wishes
to proceed with the subdivision, shall file with the Planning Board
an application for final approval of a subdivision plat. The application
shall:
(1)
Be made on forms available at the Eden Town Hall,
together with a submission fee as specified in the Standard Schedule
of Fees.[1] Subsequent submissions, if necessary, shall be accompanied
by an additional submission fee as specified therein.
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Town offices.
(2)
Include the entire subdivision or a section thereof
which derives access from an existing state, county or Town highway
to Town standards.
(4)
Comply in all respects with the sketch plat or preliminary
plat, as approved, whichever is applicable, depending upon the classification
of the subdivision and the authorizations by the Planning Board in
the case of a major subdivision.
(5)
Be presented to the Planning Board at least 21 days prior to a regular meeting of the Board in order that a public hearing may be scheduled. A final subdivision plat which does not fully comply with the requirements of § 184-40 or which is accompanied by construction plans which do not fully comply with the requirements of § 184-39 shall not be deemed to be officially submitted for purposes of these regulations. The Planning Board shall be authorized to reject such an application which does not fully comply.
(6)
Be accompanied by all formal irrevocable offers of
dedication to the public of all roads, municipal uses, utilities,
parks and easements, in a form approved by the Town Attorney. The
applicant shall deliver a deed to all such lands in proper form for
recording, together with a title policy for the Town of Eden in a
sum to be determined by the Town Attorney, before signing of the final
subdivision plat.
(7)
All applicants who propose to deed land to the Town
of Eden for any reason whatsoever shall be required to post a bond
for a period of at least five years, guaranteeing the payment by the
applicant of any and all taxes due on such parcel of land until the
deed has been accepted by the Town Board of the Town of Eden.
(8)
Be accompanied by an amendment, if appropriate, of the affidavit required under § 184-18C(4) of these regulations to include all changes in ownership of the property proposed to be subdivided and all changes of officers, directors or stockholders of the applicant corporation or owners of property, legal or by contract, as of the date of application for final approval.
(9)
Be accompanied by written assurance from the public
utility companies and improvement districts that necessary utilities
will be installed, and proof that the applicant has submitted petitions,
in writing, to the Town Board for the creation or extension of any
improvement districts as required by the Planning Board upon preliminary
plat approval.
B.
Endorsement of County Health Department. Subdivision
plats shall be properly endorsed by the County Health Department,
if required by applicable county law or regulation, before being submitted
to the Planning Board for final approval. The plat should be in final
form before submission to the County Health Department for approval.
C.
Public hearing on final subdivision plat.
(2)
At the time of the public hearing, the applicant shall
submit an affidavit stating that he or she has notified by certified
mail, return receipt requested, each owner of property within 500
feet of any boundary of the subdivision, as indicated on the application
for subdivision approval, and at least five days prior to the public
hearing, and that the applicant has placed posters provided to him
or her by the Planning Board, for a fee as noted in the Schedule of
Fees,[3] on the closest public roads in visible locations surrounding
the proposed subdivision property.
[3]
Editor's Note: The Schedule of Fees is on
file in the Town offices.
D.
Waiver of public hearing. Pursuant to § 276,
Subdivision 6(b) of the Town Law, when the Planning Board deems the
final subdivision plat to be in substantial agreement with the approved
preliminary plat and modified in accordance with requirements of such
approval, if such preliminary plat has been approved with modifications,
the Planning Board may waive the requirement for the public hearing.[4]
E.
Tenure of Planning Board approval. Conditional approval
of a final subdivision plat shall expire 180 days after the date of
the resolution granting conditional approval unless such requirements
have been completed. The Planning Board, upon written request of the
applicant, may extend the time of conditional approval for two additional
periods of 90 days each if, in its opinion, such extension is warranted
by the particular circumstances thereof. Final approval shall be deemed
to have been granted for the purposes of the sixty-two-day requirement
for filing the plat pursuant to § 276 of the Town Law as
of the date of signature of the plat by the Chairman of the Planning
Board.[5]
F.
Submission and review of final subdivision plat. Subsequent
to the resolution of the Planning Board, sufficient copies of the
construction plans and final subdivision plat and original of the
subdivision plat, as required by the Planning Board, shall be submitted
to said Board for final review. A check payable to the Erie County
Clerk in the amount of the current filing fee shall be provided. No
final approval shall be endorsed on the plat until a review has indicated
that all requirements of the resolution have been met.
G.
Vested rights. No vested rights shall accrue to any
plat by reason of preliminary or final approval until the actual signing
of the plat by the Chairman of the Planning Board, and all requirements
or conditions adopted by the Planning Board applicable to the subdivision
or on all subdivisions generally shall be deemed a condition for any
subdivision prior to the time of the signing of the final plat by
the Chairman of the Planning Board.
A.
Signing of plat. The Chairman of the Planning Board
shall endorse approval on the plat after all conditions of the resolution
have been satisfied and all improvements satisfactorily completed.
There shall be written evidence that the required public facilities
have been installed in a manner satisfactory to the Town as shown
by a report signed by the Town Engineer and Superintendent of Highways
of the Town and report of the Town Attorney that the necessary dedication
of public lands and improvements has been accomplished.
B.
Filing of plat. It shall be the responsibility of
the applicant to file the plat with the Erie County Clerk's office
within 62 days of the date of signature. Simultaneously with the filing
of the plat, the Planning Board shall record the agreement of dedication,
together with such legal documents as shall be required to be recorded
by the Town Attorney. No building permit shall be issued until the
applicant provides proof of compliance with this section.[1]
C.
Sectionalization of final subdivision plat. Subject
to approval by the Planning Board, in the event that the applicant
requests the Planning Board to file only a section of the approved
final subdivision plat in the office of the County Clerk, the entire
approved plat shall be filed within 30 days of the filing of such
sections with the Town Clerk in each Town in which any portion of
the land described in the plat is situated. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plat, and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of § 265-a(2) of the Town Law.
[Amended 3-24-1999 by L.L. No. 1-1999]
[Added 7-10-1996 by L.L. No. 5-1996; amended 7-8-1998 by L.L. No. 4-1998; 3-24-1999 by L.L. No.
1-1999; 11-14-2001 by L.L. No. 8-2001; 7-13-2022 by L.L. No. 3-2022]
A.
Purpose. A cluster (or conservation) development is a subdivision development approach in which building lots may be reduced in size and building units sited closer together, usually grouped into various cluster areas, provided that the total development density does not exceed that which could be constructed on the site if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 225, Zoning. This type of development is intended to several one or more of the following:
(1)
Better protection of natural and scenic resources identified in the Master Plan and/or Chapter 225, Zoning, than would be provided by a conventional subdivision plan;
(2)
Compatibility with surrounding land uses and the Town's traditional
land use pattern of open space and farmlands with development encouraged
in the hamlets;
(3)
Provision of adequate buffers for adjoining properties;
(4)
Contribution to Town-wide open space planning by creating a system
of permanently preserved open spaces, both within large parcels of
land and among such parcels throughout the Town, providing linkages
between existing open space areas and, where appropriate, linkages
to hamlet areas;
(5)
Provision of a broader range of housing types and potentially lowering
housing prices by reducing the length of roadways and other critical
infrastructure costs;
(6)
Preservation of land suitable for agriculture, particularly where
development involves or borders active agricultural land or land with
prime or important agricultural soils;
(7)
Greater flexibility and creativity in the design of residential subdivisions,
provided that the overall density of development is no greater than
what is normally allowed in the district.
B.
Authority. Authorization for such type of development is granted to the Town of Eden Planning Board in accordance with § 278 of New York State Town Law to vary the zoning requirements as to lot use, lot width, yard and other bulk requirements as requested by an applicant in connection with a proposed subdivision plat. Such variations shall result in a cluster subdivision and may be applied in any zoning district. The Planning Board is further authorized under § 278 of the New York State Town Law to require the use of the cluster concept when it finds that the intention of this chapter and Chapter 225, Zoning, to preserve significant open space resources and protect important natural resources, will be accomplished. The Planning Board may require the use of the cluster concept when one or more of the following conditions exist:
(1)
Important ground or surface waters, wetlands, floodplains, steep
slopes, unique or locally important natural or historical areas exist
on the parcel.
(2)
The number or length of new roads or driveways obtaining access from
existing roads will be reduced.
(3)
Agricultural soils of state or local importance exist on the parcel.
(4)
An active agricultural operation or cropland exists on the parcel.
(5)
Preservation of important views or community open space will be ensured.
(6)
The land to be developed is contiguous to a recreational area(s),
parkland or permanently protected open space or has the potential
to be converted to such uses.
(7)
The specific goals and policy recommendations of the Master Plan
will be accomplished.
(8)
Significant environmental impacts identified through the State Environmental
Quality Review Act (SEQR) may be mitigated.
C.
Number of dwelling units permitted. The maximum permitted number
of dwelling units and/or building lots shall be determined by dividing
the land area of the subject property by the normal minimum required
lot area for dwellings for said district. In circumstances where the
building plan falls within two or more zoning districts with differing
density requirements, the Planning Board may approve in any one such
district a cluster development representing the cumulative density
as derived from the summing of all units allowed in all such districts.
However, prior to determining the number of dwelling units and/or
building lots, the parcel to be developed shall be adjusted as follows:
(1)
Lands utilized by public utilities or structures or recorded easements
or rights-of-way shall be subtracted from the total gross area.
(3)
Any other areas deemed unfavorable (unusable/unbuildable) by the
Planning Board because of topographic, geologic or hydrological characteristics
and slopes in excess of 15% shall be subtracted from the total gross
area.
(6)
In the Agricultural Priority (AG), Parkland (PK), and Creekside Open Space Overlay Districts, the Planning Board shall require that 75% of the land area obtained after the deductions in accordance with Subsection C(1), (2), (3) and (4) of this section shall be maintained as open space. In all other districts in which residential subdivisions are permitted, the relevant percentage shall be 50%. The developer will propose the area to be maintained as open space, subject to the approval of the Planning Board.
D.
Types of dwelling units permitted. The type of dwelling unit permitted
within a cluster development shall be that which is permitted according
to zoning regulations. The Planning Board may require perspective
drawings of all proposed structures to ensure innovation and variety
in the design and layout of dwellings.
E.
Permitted reductions.
(1)
After deductions have been made in accordance with Subsection C(1), (2), (3) and (4) and after the deduction for open space has been made, the resulting area shall be divided by the number of permitted building lots to obtain the average building lot size. No lot in the subdivision shall be less than 80% of the average clustered building lot size. Front yard setback requirements and side and rear yard requirements may be reduced up to 50%. Lot width may be reduced up to 50%. In no case shall a lot be less than 60 feet in width.
(2)
Lots for attached dwellings, semiattached dwellings, townhouses and
multiple dwellings shall not be reduced for cluster development.
(3)
Lots may be reduced to no smaller than the minimum required by Erie
County Health standards for private septic systems if no public sewer
is available unless alternative options are pursued, such as, but
not limited to, package treatment facilities or community wastewater
systems.
F.
Ownership of entire area required. The area for cluster development
shall be in a single ownership or under unified control throughout
the review process, inclusive of filing the Map Cover in the Erie
County Clerk's office.
G.
Service by sewer and water systems required. Within a cluster subdivision,
water supply and sewage disposal shall be provided as follows:
(1)
All buildings with plumbing fixtures shall be serviced by a public
sanitary sewer or, when approved by the authority having jurisdiction,
a private sewage disposal system.
(2)
All buildings with plumbing fixtures shall be provided with potable
water from a public water supply system or an approved source of private
water supply.
H.
Areas of open space.
(1)
All land within a cluster development which is not designed to serve
as residential areas, roads or for other public/private utility needs
shall be set aside and form part of the common open space, recreational
land, and/or protected agricultural land. Resubdivision and/or development
of such areas shall be prohibited. These areas shall be identified
on the plat.
(3)
Adequate active year-round recreation facilities, such as tennis
courts, swimming pools, play lots and fields, or accessible trails,
may be required if deemed necessary by the Planning Board during the
course of site plan and/or subdivision review. The extent and type
of facilities will depend upon the size and nature of the development.
The applicant shall also be responsible for a recreation fee as determined
by the Town's Recreation Fee Schedule.
(4)
Subject to Chapter 225, Zoning, § 225-33, common open space or recreation land shall be deeded to a homes association responsible for the continued ownership, use and maintenance of all common lands. Such deeds shall be reviewed by the Town Attorney and approved by the Planning Board. Lands set aside to be utilized for continued agricultural use shall be protected through a conservation easement and may include an option to be converted to other open space or recreational uses, subject to Town Attorney review.
I.
Road frontage clusters. Developers of road frontage lots should also
strongly consider the usage of cluster-type development guidelines.
This will help to preserve the rural character of the Town and important
environmental and scenic features. These road frontage cluster developments
can take place without the construction of roads, but can use creative
lot layouts to achieve the preservation of rural character and of
important Town resources (see Town Master Plan and Natural Resource
Inventory). This is especially important in the development of the
frontage lands along the Town's highways.
(3)
In laying out a cluster development for road frontage lots, the applicant
must consider the preservation of the important open space, environmental
and scenic qualities of the land.
(4)
Creativity and flexibility in site design shall be encouraged, including
variation in building setbacks, the utilization of conservation easements,
deed restrictions, flag lots, common driveways, open development area
designation and others.
(5)
Refer to the Town's Rural Development Guidelines for additional
direction on these types of cluster developments.
J.
Siting guidelines. Within a cluster development, lots shall be laid out so that dwelling units will be located in a manner that carries out the goals of the Town's Master Plan and consistent with the purpose of Chapter 225, Zoning. The following siting guidelines are to be considered, when applicable, on a case-by-case basis by the Planning Board:
(1)
On the least fertile soils for agricultural uses, and in a manner
which maximizes the usable area remaining for such agricultural uses;
(2)
Within any woodland contained in the parcel, or along the far edges
of the open fields (to reduce impact upon agriculture, to provide
summer shade and shelter from winter wind and to enable new construction
to be visually absorbed by natural landscape features);
(3)
To provide permanent protection for significant natural, historic
or cultural features identified on the site;
(4)
To minimize the number of driveways with access to existing roads;
(5)
In such a manner that the common boundary between the house lots
and any active farmland is minimized in length (to reduce potential
conflicts);
(6)
In locations least likely to block or interrupt scenic vistas as
seen from the public roadway(s) or other public vantage points;
(7)
In locations where the greatest number of units could be designed
to take maximum advantage of solar heating opportunities; and
(8)
In cluster developments exceeding 20 dwelling units, the Planning
Board shall consider the layout of smaller groupings, each having
some open space immediately surrounding it, so that large concentrations
of units with little or no differentiation can be avoided, and so
that cluster development will be more compatible with the neighborhood
in which it is located.
K.
Procedures. In addition to the application requirements outlined in Chapter 225, Zoning, and Chapter 184, Subdivisions of Land, the applicant requesting approval for a cluster subdivision shall submit the following information to the Planning Board:
(1)
A written statement describing the open space purpose(s) to be accomplished,
as well as the proposed method of preservation and disposition of
the open space land.
(2)
A sketch plan satisfying all of the requirements for preapplication
approval of a subdivision map.
(3)
Any additional information the Planning Board deems necessary to
assist in making a reasonable decision on the application.
