The Town Board of the Town of Owasco finds that
the topography and environmental sensitivities of certain parcels
in the Town do not lend themselves to the conventional development
as designated by their current zoning. Therefore, the purpose of this
article is to enable and encourage flexibility of design in housing
and the development of land in such manner as to permit the most appropriate
use of land, to preserve the natural, scenic and ecological qualities
of environmentally sensitive areas and to provide larger areas of
open space, both for recreation and for environmental conservation
purposes pursuant to the provisions of § 278 of the New
York State Town Law.
Among the objectives which should be achieved
through use of clustered housing are the following:
A.
The creative use of land so as to establish a more
desirable living environment than would be possible through the strict
application of certain Town zoning standards.
B.
The preservation of surface water, wetlands, steep
slopes, hilltops, ridgelines, major stands of trees, outstanding natural
topography and glaciated features. Other areas to be preserved include
areas of scenic and ecological values, including open spaces and other
environmentally sensitive areas.
C.
To prevent soil erosion, minimize negative environmental
impacts and control development in flood hazard areas.
D.
To encourage innovation through flexibility in design
and layout of residential housing consistent with the intent of this
chapter by permitting housing units to be clustered without increasing
overall site density.
E.
To permit housing developments that reflect the legislative
intent of § 278 of the Town Law of the State of New York.
F.
To create a housing development that is in harmony
with the character of the area and the environmental sensitivities
of the sites.
A.
In accord with § 278 of the New York State, the Town Board authorizes the Town Planning Board to approve cluster development simultaneously with the approval of a plat or plats in the Agricultural-Residential, Residential and Lakeshore Zoning Districts of the Town of Owasco and to grant variations to the dimensional standards (area) of Chapter 150, Zoning, concurrent with the approval of plats for cluster development subject to the conditions set forth in § 278 of the New York State Law. The Town Planning Board is also authorized, at its discretion, to require the owner to submit an application for cluster development subject to criteria established by local law by the Town Board whether or not the owner makes application for a cluster development project.
B.
Conditions.
(1)
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 Town Planning Board's
judgment, if the land were subdivided into lots conforming to the
minimum lot size and density requirements of the zoning regulations
applicable to the district or districts in which such land is situated
and conforming to all other applicable requirements; provided, however,
that where the plat falls within two or more contiguous districts,
the Town Planning Board may approve a cluster development representing
the cumulative density as derived from the summing 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.
(2)
Project density shall be based only upon the amount
of usable land which is available for development. In computing the
usable or developable land, any land situated in a flood hazard area,
having slopes in excess of 20%, officially designated freshwater wetlands,
lands occupied by public utilities, structures, drainage control areas
or rights-of-way or otherwise unsuitable for development shall not
be considered part of the gross area.
(3)
The Town Planning Board as a condition of plat approval
may establish such conditions on the ownership, use, and maintenance
of such open lands shown on the plat as it deems necessary to assure
the preservation of the natural and scenic qualities of such open
lands. The Town Board may require that such conditions shall be approved
by the Town Board before the plat may be approved for filing.
(4)
The plat showing the cluster development may include
areas within which structures may be located, the height and spacing
of buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces, streets, driveways and any other features
required by the Town Planning Board. The dwelling units permitted
may, at the discretion of the Town Planning Board, be in detached,
semiattached, attached or multistory structures.
A.
Intent. Because open spaces are an inherent part of
clustered developments, the Town must take special measures for the
protection and regulation of these areas and to provide for a system
of their permanent maintenance.
B.
Submission requirements. At the sketch plat stage,
the developer shall submit a detailed proposal for maintenance of
common lands and/or open spaces. The Town Planning Board may approve
or approve with conditions any plans for maintenance of common areas
and/or open spaces. Any conditions imposed for maintenance of open
space and/or common lands shall become part of the conditions for
final plat approval.
C.
Dedication of lands. If the open spaces are to be
offered for dedication to the Town, the Town Planning Board shall
refer such offers and related details to the Town Board for the necessary
action prior to final plat approval.
D.
Property owners' association. If open spaces are not
to be dedicated to the Town, the applicant must create a property
owners' association and receive approval of the Office of the New
York State Attorney General pursuant to state law.
The following methods will be considered alternate
means to maintain open spaces:
A.
In the case of single ownership of the clustered development
by a sole owner, partnership, corporation or other legal means, deed
restrictions protecting open spaces from further development may be
submitted to the Town Attorney for review and to the Town Planning
Board for acceptance.
B.
Any alternative methods for protection and preservation
of open lands and common areas shall be submitted at sketch plat stage
to the Town Planning Board for review and approval. All alternate
proposals shall be submitted to the Town Attorney for review and comment.
The Town Planning Board may require any additional information it
deems necessary to conduct an adequate review of the alternate proposals.
The review and approval process and information
requirements for a clustered project shall be conducted pursuant to
major subdivision process procedures.
A.
Notice and public hearing. The proposed cluster development shall be subject to review at a public hearing or hearings held pursuant to the requirements for major subdivision approval as set forth in Article III of this chapter.
B.
The plat showing such cluster development may include
areas within which structures may be located, the height and spacing
of buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces, streets, driveways and any other features
required by the Town Planning Board. In the case of a residential
plat or plats, the dwelling units permitted may be, at the discretion
of the Town Planning Board, in detached, semidetached, attached, or
multistory structures.
C.
Filing of plat. On the filing of the plat in the office
of the Cayuga County Clerk, a copy shall be filed with the Town Clerk,
who shall make appropriate notations and references thereto on the
Town Zoning Map required to be maintained pursuant to § 264
of the New York State Town Law.
D.
Effect. The provisions of this section shall not be
deemed to authorize a change in the permissible use of such lands
as provided in the Zoning Ordinance or Local Law applicable to such
lands.
