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:
B. Major subdivision (standard procedure).
C. Major subdivision (optional procedure).
(2) Preliminary and final subdivision plat.
[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.
[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.
(2) Water bodies, marsh areas, designated wetlands, alluvial, poorly drained, very poorly drained, unstable soils and floodplains shall be subtracted from the total gross area in accordance with the definition of "lot area" in Chapter
225, Zoning, §
225-4.
(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.
(4) For the purpose of providing land for public streets, after deductions have been made in accordance with Subsection
C(1),
(2) and
(3) above, 10% of the remaining area shall be subtracted from the total gross area.
(5) The adjusted total gross area of the parcel, as determined in Subsection
C(1),
(2),
(3) and
(4) above, shall then be used to compute the maximum number of dwelling units and/or building lots permitted.
(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.
(2) Areas deducted from total gross area pursuant to Subsection
C(1),
(2) and
(3) shall also form part of the common open space.
(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.
(5) The conditions to be met relative to a homes association to be approved by the Town Board and Town Attorney are stated in Chapter
225, Zoning, §
225-33, Clustered open space.
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.
(1) Number of dwelling units permitted. This calculation is the same as in Subsection
C above, except that Subsection
C(4), the ten-percent reduction for roads, is omitted.
(2) Subsections
D,
E,
F and
G (as amended) regarding clustered open space will also apply to road frontage clusters.
(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.