[HISTORY: Adopted by the Town Board of the
Town of Niles 9-14-1995 by L.L. No. 4-1995. Amendments noted where
applicable.]
These regulations are hereby adopted by the
Planning Board of the Town of Niles so as to achieve the purposes
intended by the Town Board of the Town of Niles in its resolution
dated September 14, 1995, authorizing the Planning Board to review
and approve subdivisions. These purposes are enumerated in § 276,
Subdivision 1, of the Town Law of the State of New York.[1]
[1]
Editor's Note: Town Law § 276 is
on file and available for inspection in the Town offices.
As used in this chapter, the following terms
shall have the meanings indicated:
A drawing prepared in accordance with § 190-6B and C of these regulations showing all information shown on the preliminary plat and the modification of such information as was required by the Planning Board at the time it approved of the preliminary plat, if it in fact did approve said preliminary plat.
The approval of the layout as shown on the preliminary plat,
but subject to the approval of the plat in final form.
The division of any parcel of land into any number of lots,
blocks or sites with or without streets, for the purpose of sale,
transfer of ownership or development. The term "subdivision" shall
include any alteration of lot lines or dimensions of any lots or sites
shown on a plat previously filed in the office of the County Clerk.
The term "subdivision" is further defined as either a minor or major
subdivision.
[Amended 12-11-2003 by L.L. No. 4-2003; 8-11-2011 by L.L. No. 4-2011]
MINOR SUBDIVISIONAny subdivision of a parent parcel of land into less than five lots, unless such lots are to be serviced by new public roads or other new public infrastructure.
MAJOR SUBDIVISIONAny subdivision of a parent parcel of land into five or more lots, or a subdivision of any number of lots to be serviced by new public roads or other new public infrastructure.
Specifically excluded from the calculation of
the number of lots surveyed from a parent parcel to determine if a
subdivision is a minor subdivision or a major subdivision is any parcel
of land surveyed from the parent parcel which is contiguous with another
preexisting parcel to which the new parcel will now be joined under
one tax map number.
A.
Final plats required. Only plats submitted in final
forms may be approved by the Planning Board. However, in order to
provide an applicant with an opportunity to discuss his or her development
concept with the Board and to make plan preparation as cost efficient
as possible, these regulations offer the option of submitting a subdivision
application and/or a preliminary plat to the Planning Board prior
to submitting a final plat.
B.
Subdivision application.
(1)
The applicant may choose to submit a subdivision application
and environmental assessment form, available from the Town offices,
prior to preparing a final plat. A copy of this form is attached to
and hereby made a part of these regulations.[1]
[1]
Editor's Note: Said form is on file and available
for inspection in the Town offices.
(2)
The applicant shall complete the form and return it
to the Town offices.
(3)
At the first Planning Board meeting following the
receipt of an application form, the Planning Board will review it
and discuss the development concept with the applicant. Following
this review and discussion the Board shall make the following determinations:
(4)
If the Planning Board determines that the proposal
is a minor subdivision, that no environmental issues are evident and
that the proposal is consistent with the development and growth plans
of the Town, it may waive these regulations. Such a determination
shall be based upon the following findings:
(a)
The proposal presents no apparent impediments
to the continuation of viable agricultural activity when the proposal
is located within a portion of the Town included in an agricultural
district established under the New York State Agriculture and Markets
Law.
(b)
The proposal would establish lots that comply with the minimal dimensional standards of Chapter 164, Setbacks and Lot Area, for the activity and location intended.
(c)
The proposal would establish lots that make
efficient use of land by avoiding lot layouts which are excessively
long and narrow, minimize the number of access points (driveways)
to the public road network and minimize the need to alter the physical
and natural features of the site. A lot layout which proposes lots
with a ratio between length and width greater than 2.5 to 1 will generally
be found to be inefficient, except in the case of a flag lot where
this ratio would only be applied to the buildings portion of the lot.
(5)
Should the Planning Board find circumstances that
prevent granting a minor subdivision, the applicant shall, at the
discretion of the Planning Board, either follow the procedures for
a major subdivision review or receive a variance from the Board of
Appeals. If the Board of Appeals denies the variance, the applicant
may still apply for a major subdivision review from the Planning Board.
[Amended 7-14-2005 by L.L. No. 2-2005]
C.
Preliminary plat. The applicant may choose to submit
a preliminary plat prior to submitting a final plat for Planning Board
approval. The purpose of this step is to provide the applicant with
a means by which he/she can obtain an indication from the Planning
Board as to any elements of the proposal that may prevent its approval
or require its modification prior to submission of a final plat. The
steps for the submission and review of a preliminary plat shall be
those set forth in § 276 of the Town Law,[2] which are also outlined in Subsection E of this section of these regulations.
[2]
Editor's Note: Town Law § 276 is
on file and available for inspection in the Town offices.
D.
Final plat. The applicant must submit a final plat in order to obtain Planning Board approval for a subdivision. The steps for the submission and review of a final plat shall be those set forth in § 276 of the Town Law, which are also outlined in Subsection E of this section of these regulations.
E.
Procedures outline. The steps for Planning Board review
and approval of a preliminary and/or final plat shall be those set
forth in § 276 of the Town Law. These are outlined below.[3] Should a dispute arise as to the meaning or intent of
this outline or its consistency with the provisions of § 276,
the text of said section shall supersede this outline and govern.
[3]
Editor's Note: The outline is on file and
available for inspection in the Town offices.
F.
Other procedural issues.
[Amended 10-12-2017 by L.L. No. 3-2017]
(1)
Upon
scheduling a public hearing for major subdivision applications, the
Town shall provide notice of such hearing to all adjacent property
owners by mail.
(2)
The
constraints set forth in the preceding outline and § 276
of the Town Law may be modified by mutual agreement between the applicant
and the Planning Board. Absent such agreement, failure of the Planning
Board to act within the designated time frame shall result in a default
approval of the proposal and, in such case, the Town Clerk shall certify
the proposal in accordance with § 276 of the Town Law.
(3)
The
Planning Board may issue a conditional approval of a final plat. Such
an approval will authorize the Board Chairperson to sign the plat
at such time as the conditions established have been met, for example,
installation of a required improvement. A conditional approval shall
expire in 180 days from its being granted; however the Planning Board
may extend a conditional approval for up to two ninety-day periods.
(4)
The
Planning Board may approve a plat in sections.
(5)
All
submissions must be clearly identified as being an application, preliminary
plat or final plat.
A.
Prior to granting approval of a subdivision, at any
stage in the review process, the Planning Board shall determine that
the plat as presented shows that the land depicted thereon is of a
character that would allow it to be used for building purposes without
danger to health or peril from fire, flood, drainage or other menace
or cause such danger to neighboring properties or the general public
health, safety and welfare.
B.
In addition to the general determination made in accordance with Subsection A above, the Planning Board shall reach the following specific determinations prior to granting approval of a proposed plat at any stage in the review process:
(1)
Streets and highways will be of sufficient width and
suitable grade and suitably located to accommodate prospective traffic;
facilitate fire protection and provide access for fire-fighting equipment
to buildings; afford adequate light and air; are consistent with the
objectives of any applicable Town plans or official maps, and subject
to the approval of the Town Highway Superintendent.
(2)
Suitable monuments have been placed at block corners
and at any other necessary points identified by the Planning Board.
(3)
Streets or other public places shown have been suitably graded and paved. Street signs, sidewalks, streetlights, curbs, gutters, street trees, water mains, fire alarm signal devices and hydrants, sanitary sewers and storm drainage management facilities, to the extent such are required by the Planning Board or proposed by the applicant and approved by the Planning Board, have been installed in accordance with the standards, specifications and procedures of the Town Board, and have been installed in accordance with the standards, specifications and procedures of the Town agency having jurisdiction over such facilities. As an alternative to installation prior to approval of the plat, the applicant will post a performance bond or other security or request a conditional approval in accordance with § 190-3F(2) of these regulations.
(4)
If required by the Planning Board, a park or parks
suitable for playground or other recreational purposes is shown on
the plat. A park may only be required when the Board reaches a determination
that such is needed in accordance with the provisions of § 277,
Subdivision 4, paragraphs a, b and c, of the Town Law.
[Amended 3-9-2000 by L.L. No. 2-2000]
(5)
Any required improvements are appropriate for the
prospective character of the development. Character includes, for
example, high- or low-density residential, business or industrial
use.
(6)
The proposed lots meet the dimensional requirements of Chapter 164, Setbacks and Lot Area. Should one or more lots fail to meet said requirements, the applicant may request an area variance from the Board of Appeals without having first applied to the Code Enforcement Officer. The Board of Appeals shall apply its usual standards and criteria for granting or denying such a request; however, it shall also request a written recommendation from the Planning Board regarding the request.
(7)
The proposal is consistent with the planning objectives
of the Town.
C.
Any improvement required by this regulation may be
waived by the Planning Board subject to appropriate conditions when
the Board finds that such improvement is not requisite to protecting
the public health, safety and general welfare or inappropriate due
to inadequacy or lack of connecting facilities adjacent to or near
the subdivision under review.
A.
The object of this section is to provide means by
which the Town can be assured that any improvements required as a
requisite to the development of a proposed subdivision are installed
in an appropriate manner, consistent with any required standards.
B.
The objective of this section may be met by the developer
installing all required improvements prior to Planning Board approval.
Usually this will occur between the preliminary and final plat reviews,
but may follow the Planning Board's approval of a final plat prior
to the signing of it by the Chairperson of the Planning Board.
C.
As an alternative to Subsection B above, a performance bond or other security to cover the full cost of required improvements shall be furnished to the Town by the owner of the property being subdivided. The costs of required improvements shall be estimated by the Planning Board or such other Town department as the Planning Board may authorize to provide it with this information.
D.
When a plat is proposed to be approved in sections
and the Planning Board has agreed to such a procedure, this section
shall apply to the portion of the plat to be filed in the office of
the County Clerk. No building shall be permitted within any portion
of a plat not so filed until the required improvements have been made
to that portion or alternative arrangements have been made to assure
that such improvements are installed.
F.
The Town Board may adopt a resolution whereby sidewalks,
water mains, sanitary sewers and/or storm drains that may be required
by the Planning Board shall be installed by the Town as a Town expense
as authorized by Articles 3A and 12C of the Town Law, or at the expense
of an existing improvement district within which the plat is located.
Such improvement may also be acquired by the Town Board on behalf
of the Town or an improvement district as authorized by Articles 3A,
12, 12A or 12C of the Town Law. Any such resolution shall be consistent
with the requirements and provisions of § 277, Subdivision
10(b)(i) and (ii), of the Town Law.
A.
A preliminary plat shall be at a scale not more than
100 feet to the inch and show the following information:
(1)
Proposed subdivision name or identifying title.
(2)
North point, scale and date.
(3)
Name of the owner of the property.
(4)
Name and seal of the registered engineer, surveyor
or architect responsible for the plan.
(5)
Tract boundaries with bearings and distances.
(6)
Contours at vertical intervals of five feet or, in
the case of relative level tracts, at such lesser interval as may
be necessary for satisfactory study and planning of the tract.
(7)
Soil types as mapped out by County Soil Survey.
(8)
Datum to which contour elevations refer. Where reasonably
practicable, data shall refer to known, established elevations.
(9)
All existing watercourses, tree masses and other significant
natural features.
(10)
All existing streets on or adjacent to the tract,
including name, right-of-way width and pavement width.
(11)
All existing property lines, easements and rights-of-way,
and the purpose for which the easements or rights-of-way have been
established.
(12)
Location and width of all proposed streets,
alleys, rights-of-way and easements; proposed lot lines with approximate
dimensions; playgrounds, public buildings, public area and parcels
or land proposed to be dedicated or reserved for public use. Proposed
streets shall be named by the Town Board.
(13)
Wherever practicable, the preliminary plan shall
show the names of owners of all abutting unplatted land and the names
of all abutting subdivisions.
(14)
The landscape architect or developer shall prepare
a landscape plan with at least three, 1 1/2 caliber and a height
of six feet, trees per parcel and identify each in a planting plan
and diagram. All trees must be native hardwood trees of mixed species.
B.
A final plat shall be at a scale not more than 100
feet to the inch, be a clear and legible white print or an ink drawing
suitable for filing in the office of the County Clerk, be on sheets
20 inches by 20 inches overall and show the following information:
(1)
Subdivision name or identifying title.
(2)
North point, scale and date.
(3)
Name of the record owner and subdivider.
(4)
Name and seal of the registered professional engineer,
architect or surveyor responsible for the plan.
(5)
Boundaries of the tract.
(6)
Street lines, lot lines, right-of-way, easements,
and areas dedicated or proposed to be dedicated to public use.
(7)
Sufficient data to determine readily the location,
bearing and length of every street, lot and boundary line and to reproduce
such lines on the ground.
(8)
The length of all straight lines, radii, lengths of
curves and tangent bearings for each street.
(9)
All dimensions and angles or bearings of the lines
of each lot and each area proposed to be dedicated to the public.
(10)
The proposed building setback line for each
street.
(11)
Location and width of private driveways emanating
from corner lots.
(12)
All dimensions shall be shown in feet and in
hundredths of a foot.
(13)
Lot numbers.
(14)
Names of streets within and adjacent to the
subdivision.
(15)
Permanent reference monuments shall be shown,
and shall be specified by the Board engineer.
(16)
Names of any adjoining subdivisions shall be
shown.
(17)
Names of the owners of any unplatted land shall
be shown.
(18)
Certificate of dedications of streets and other
public property.
(19)
Certificate for approval by the Planning Board.
C.
Attached to the final plat and, if appropriate, the
preliminary plat shall be the following:
(1)
An affidavit that the applicant is the subdivider
of the land proposed to be subdivided.
(2)
Certification by the Town Board that the installation
of water, sewer and street facilities is both practical and feasible.
(3)
Certification by the State Department of Health and/or
County Department of Health when individual sewage disposal or water
systems are adequate.
(4)
Certification by the Town Board that the subdivider has met the requirements of § 190-5 of this chapter.
(5)
Protective covenants, if any, in form for recording.
(6)
The subdivider shall tender offers of cession in a
form certified as satisfactory by the corporation counsel of all land
included in streets, highways or parks, water systems, not specifically
reserved, but approval of the plan by the Planning Board shall not
constitute an acceptance by the Town of the dedication of any street,
highway or park or other open public areas.
(7)
Bonds. The developer shall post bond to cover the
cost of public improvements.
(8)
Liability insurance. The developer shall present a
certificate of liability insurance to protect the municipality with
coverage of at least $1,000,000. The insurance shall be of such duration
until the project is completed and the public improvements are accepted
by the municipality. A copy of the insurance policy shall remain at
all times at the Town Clerk's office.
(9)
Title insurance. The developer must provide evidence
of that title insurance in the amount of not less than the cost of
lands to be dedicated as shown and approved on the final plan.[1]
[1]
Editor's Note: The "Examples of Sketch Plans,
Preliminary Plans and Final Plans" attachment which originally followed
this subsection is on file and available for inspection in the Town
offices.
A.
Streets (width, location and construction).
(1)
All streets, whether intended for dedication as public
streets or not, shall be of sufficient width, suitably located and
adequately constructed to accommodate prospective traffic and afford
access for fire fighting, snow removal and road maintenance equipment.
Streets should be located so as to compose a convenient overall street
system within the proposed subdivision and in relationship to the
overall area or neighborhood.
(2)
All streets, whether intended for dedication as public
streets or not, shall be located within a right-of-way of at least
60 feet in width. Unless exceptional circumstances can be demonstrated,
the center of a street shall be located at the center of the right-of-way
within which it is located.
(3)
All streets intended for dedication as public streets, and all nonresidential streets [Subsection A(5) of this section] shall be constructed in accordance with the most current specifications of the Town Highway Superintendent and shall only be eligible for dedication upon determination by the Town Highway Superintendent that said specifications were employed.
(4)
When deemed appropriate, the Planning Board may permit
a subdivision to be served by a private residential street. In such
cases, any plans filed or offerings made to sell the lots served by
such private street shall clearly label the street as "private, not
eligible for dedication to the Town as a public street," and contain
an explanation as to the manner by which the private street shall
be maintained and kept free of snow or other blockage.
(5)
The width of a residential street may vary depending
upon the number of dwelling units served by the street and other streets
feeding traffic onto it, the width of lots abutting the street and
the design speed of the street. This section applies only to residential
streets and any street not meeting the definitions below shall be
deemed a nonresidential street. The following definitions, chart and
explanatory material shall be used to determine a particular street
width.[1]
[1]
Editor's Note: Said definitions, chart and
explanatory material are on file and available for inspection in the
Town offices.
(6)
To the extent feasible, based upon the geography of
the site, provision shall be made for the extension of roads to adjoining
areas at future dates. When a proposed street is continued to the
edge of a presently undeveloped area, a temporary turnaround shall
be provided (Figure 3[2]).
[2]
Editor's Note: Figure 3 is on file and available
for inspection in the Town offices.
(7)
Unless there is an existing or proposed street to
be extended, it shall generally be undesirable to terminate a street
at a property line. When this creates a problem in providing access
to corner lots, an "eyebrow" may be used or other techniques employed
(Figure 4[3]).
[3]
Editor's Note: Figure 4 is on file and available
for inspection in the Town offices.
(8)
When a subdivision abuts a New York State Route or
special measures may be required by the Planning Board to minimize
traffic impact on these major arterials. Such measures may include
requiring a marginal access road requiring reverse frontage lots with
screen planting and no vehicular access, limiting points of access
to no, or other means of preventing excessive private vehicle access
to the arterial (Figures 5, 6 and 7[4]).
[4]
Editor's Note: Figures 5, 6 and 7 are on file
and available for inspection in the Town offices.
(9)
Dead-end streets or cul-de-sac streets may be employed
where appropriate to the geography of the area and density of development.
When permitted, unless other standards are set to be the general standards
for roads issued by the Highway Superintendent, a cul-de-sac shall
have a paved turnaround area at its point of termination with a right-of-way
radius of 60 feet. A dead-end street, when permitted, shall have a
hammerhead at its point of termination sufficient to permit a vehicle
to reverse direction in three maneuvers. A dead-end street or cul-de-sac
street shall not exceed 800 feet in length (Figure 8[5]).
[5]
Editor's Note: Figure 8 is on file and available
for inspection in the Town offices.
(10)
Taken as a whole, the streets within a proposed
subdivision shall form a system of blocks. No single block shall be
less than 400 feet nor greater than 1,200 feet in length.
(11)
In order to provide for traffic visibility,
A combination of steep grades and curves shall be avoided. Also, that
portion of a corner lot shown in Figure 12 shall be kept free of any
obstruction greater than three feet in height and depicted upon any
approved plan as so restricted (Figure 9[6]).
[6]
Editor's Note: Figure 9 is on file and available
for inspection in the Town offices.
(12)
All intersections shall be rounded and curbed
with Belgian block or comparable material. The curve radius shall
be at least 20 feet. Where curbing is not required for the entire
subdivision by the Highway Superintendent, it shall be provided at
intersections and such curbing shall extend at least 20 feet from
the terminus of the curve tapering to ground level at the end of the
twenty-foot section (see Figure 9 above).
(13)
Streets should intersect at right angles and
not acute angles. Center lines of street intersections should be offset
far enough to deter traffic cutting diagonally across them. Intersections
should be located on straight sections of streets rather than slopes.
Four-way intersections should be avoided except at the crossing of
major streets where traffic signals are or will be installed (Figures
10 and 11[7]).
[7]
Editor's Note: Figures 10 and 11 are on file
and available for inspection in the Town offices.
(14)
Street names shall be included on the final
plat and approved by the Planning Board. Names shall be substantially
different from those in the Town or in other towns near the subdivision.
Generally, no street shall change direction by more than 90° without
a name change.
B.
Utilities.
(1)
Where available, all subdivisions shall include public
water and public sewer service. Lines for these services and any other
public utilities serving the subdivision shall be installed underground
and in street rights-of-way between the street and property lines.
Connections to the property line of each lot shall be installed by
the developer prior to street surfacing.
(2)
Fire hydrants and streetlighting shall be installed
by the developer in accordance with the standards of the Town. Fire
hydrants shall meet the requirements of the fire department having
jurisdiction. Streetlights shall meet the requirements of the electrical
utility having jurisdiction.
C.
Watercourses (including flood-prone areas); wetlands.
(1)
An effort should be made to avoid locating lots so
that they can only be accessed by crossing a watercourse. Where this
cannot be avoided and a watercourse separates a proposed street from
abutting property, provision shall be made to access lots by means
of culverts or other structures designed by a licensed engineer and
approved by the Town. Where a watercourse, drainageway, channel or
stream traverses the subdivision, a stormwater easement or drainage
right-of-way shall be provided of not less than 20 feet in width.
(2)
Lots shall be laid out so as to locate areas included
in a stormwater or drainage easement along property lines. While easements
are not required for flood-prone or protected wetland areas, areas
designated on FEMA Flood Insurance Maps as prone to flooding and areas
identified by state or federal authorities as protected wetlands shall
generally be located along property lines.[8]
[8]
Editor's Note: Figures 12 through 15, regarding
building site and design and subdivision layout, which immediately
followed this subsection, are on file and available for inspection
in the Town offices.
(3)
Where a lot includes a flood-prone or wetland area
or stormwater or drainage easement, the approved plat shall clearly
identify such portions of the lot as unbuildable. If necessary, the
size of such a lot shall be increased to provide sufficient area for
construction.
D.
Drainage. [NOTE: This section is intended to comply
with the requirements of the Federal Clean Water Act of 1987 and rules
issued by the New York State Department of Environmental Conservation
(NYSDEC) thereunder.]
(1)
All subdivision proposals shall demonstrate by narrative
and drawings that the proposed project when complete will not result
in a greater quantity or rate of stormwater runoff (drainage) from
the site than occurred prior to development, nor change the quality
of such runoff. Where actions such as the construction of structures,
retention ponds, detention ponds or other devices must be taken by
the developer in order to achieve this standard, such actions shall
be shown on the preliminary plat and incorporated into the final plan
as a permanent element of the project. A separate drainage management
plan may be submitted by the developer, or required by the Planning
Board as part of the subdivision proposal.
(2)
All subdivision proposals shall demonstrate by narrative
and drawings that during the construction phase appropriate methods
will be employed to control erosion. Generally acceptable methods
will be those recommended in the most current edition of "New York
Guidelines for Urban Erosion and Sediment Control" published by the
Soil and Water Conservation Service.
(3)
The means employed to control drainage shall be designed
to provide the greatest community benefit while achieving the primary
objective of storm drainage control. Such measures may include protecting
open space, increasing recreational opportunities, enhancing landscaping
or similar amenities.
(4)
Should the site include lands with slopes greater
than 35%, the plat shall clearly indicate that areas with a thirty-five-percent
or greater slope are unbuildable, unless the developer's engineer
is able to devise a plan that will deal with the special problems
inherent in developing steep slope that is satisfactory to the Planning
Board.
(5)
In order to evaluate adequacy of proposed drainage
control measures, the developer shall provide the Planning Board with
the following information:
(a)
Volume of storm runoff and peak discharge rates
under predevelopment and postdevelopment conditions (with proposed
management practice).
(b)
Pre- and post-development calculations for the
runoff generated by one-, two-, ten- and one-hundred-year storms and
a twenty-four-hour storm independently and the standard TR2O or TR55
methodologies developed by the USDA Soil Conservation Service shall
be employed in making these calculations.
(c)
If appropriate, the Planning Board may require
a comparison of pollutant loading, by a generally accepted methodology,
under predevelopment and postdevelopment conditions (assuming no treatment
measures).[9]
[9]
Editor's Note: Figure 17, Schematic of Hydrograph,
which originally accompanied this subsection, is on file and available
for inspection in the Town offices.
E.
Preservation of natural and aesthetic elements.
(1)
Whenever possible, all natural features that add to
the value and appearance of the residential setting or contribute
to the rural character of the Town shall be preserved. Such elements
include but are not limited to large trees or groves, watercourses,
historic spots, vistas, stone walls, etc.
(2)
In the event that trees are removed or not found upon
the site, the Planning Board may require that one tree per lot be
planted by the developer.
(3)
When a significant natural feature(s) is identified,
such shall be shown on the plat and the plat shall clearly indicate
that such an area is not to be built upon, so as to preserve the feature.
F.
Lot layout.
(1)
Generally, lots shall have dimensions that allow compliance with the dimensional standards of Chapter 164, Setbacks and Lot Area, by a residence to be constructed upon the same. For this reason, corner lots shall generally be larger than interior lots in order to accommodate the frontage requirements of Chapter 164, Setbacks and Lot Area, applicable to corner lots.
(2)
Side lot lines shall generally be at right angles
to straight street lines and radial to curved street lines. Exceptions
may be allowed when it is demonstrated to the satisfaction of the
Planning Board that an overall better design is achieved by an alternative
(Figures 18, 19, 20, 21, 22 and 23[10]).
[10]
Editor's Note: Figures 18 through 23, regarding
various lot layouts, which originally followed this subsection, are
on file and available for inspection in the Town offices.
(3)
Driveway grades between the street and the setback
line of a lot shall not exceed 10%.
A.
"Cluster development" shall mean, as a condition of
approval of a subdivision plat, applicable lot size and setback provisions
are modified so as to allow all of the development that could occur
on a particular parcel of land to occur upon only a portion of that
parcel.
B.
In no case may the total number of lots or dwelling
units that could be permitted on the particular parcel by the general
application of the minimum lot size be exceeded by the application
of cluster development standards.
C.
In conjunction with approval of a subdivision plat, the Planning Board may modify provisions of Chapter 164, Setbacks and Lot Area, except those related to use, so as to achieve flexibility of design and development so as to promote the most appropriate use of land, facilitate the adequate and efficient provision of streets and utilities and preserve natural and scenic qualities. The Planning Board may exercise this authority in all areas of the Town.
D.
The Planning Board's judgment shall be the sole determinant of the maximum number of lots, dwellings or other structures that may be established on a particular parcel by the general application of Chapter 164, Setbacks and Lot Area, and the decision to apply this section (cluster development) is left solely to the discretion of the Planning Board. Such decision shall be based upon a determination that the procedure would benefit the Town at large.
E.
Should the plat include lands that are in two or more
districts with different density and/or lot size requirements, the
Planning Board may approve in any one such district a cluster development
representing the cumulative density as derived from the sum of all
units allowed in all involved districts.
F.
Within a cluster development, units to be permitted
may be detached, semidetached or attached and density shall be determined
by the number of units, not the number of buildings.
G.
Should lands suitable for park, open space, recreational
or other municipal purposes directly related to the subdivision being
considered as a cluster development be identified, the Planning Board
may establish conditions regarding ownership, use and maintenance
to ensure the preservation of such lands for the intended purpose.
Such conditions shall be approved by the Town Board.
H.
All provisions of the cluster development shall be
subject to review at a public hearing in accordance with the procedures
applicable to the approval of subdivision plats.
I.
Once approved and filed with the County Clerk, a copy
of the approval and filed plat shall be filed with the Town Clerk,
who shall make appropriate notations and references to the zoning
law map.
J.
Should a dispute arise as to the intention of any
part of this section, it is hereby stated that it is the intention
of the Planning Board to adhere to the standards set forth in § 281
of the New York State Town Law and said section shall supersede any
disputed provisions of this section.[1]
[1]
Editor's Note: Town Law § 281 is
on file and available for inspection in the Town offices. Also, the
conventional/cluster development comparative chart and diagrams, and
the environmental assessment form, which originally followed this
subsection are on file and available for inspection in the Town offices.
