The purpose of cluster development shall be to enable and encourage
flexibility of design and development of land in such a manner as
to further the goals of the Town of West Bloomfield's Comprehensive
Plan and enhance and preserve the natural and scenic qualities of
open land. This includes the preservation of a unique or significant
feature of a site such as important woods, wildlife habitat, endangered
species, unusual land formations, or an important view or aesthetic/scenic
component of the Town. In some instances, the cluster development
concept may be utilized to create an important recreational, scenic
element or open space buffer for the community. In the AG District,
cluster developments may also be used to preserve prime agricultural
land. It is not the intent of cluster development to create useless
open space that serves no purpose for the citizens of the Town. This
development alternative shall result in design and development which
promotes the most appropriate use of the land and facilitates the
adequate, economical provision of streets and utilities.
Pursuant to the authority granted by § 278 of Town
Law, the Town Board of the Town of West Bloomfield does hereby authorize
the Planning Board of the Town of West Bloomfield to approve cluster
development simultaneously with the approval of a plat or plats. Approval
of cluster developments shall be subject to the conditions set forth
in this chapter and in Town Law § 278, and the subdivision
approval process set forth in the Code of the Town of West Bloomfield.[1]
Cluster development shall not be a use allowed by right. The
procedure set forth herein and the authorization of cluster development
may be followed and allowed at the discretion of the Planning Board
if, and in the Planning Board's judgment, its application would benefit
the Town and meet the Town's goals and the objectives and the purposes
of this article. The Planning Board may suggest submission of a cluster
development proposal but may not require cluster development. In addition,
an applicant may request Planning Board approval for a cluster development
subject to the same criteria as set forth in this section.
A.
Cluster development may be allowed in the following districts, if
and when public sewer is available: R-1, R-2 and AG. A central sewer
system may be utilized to serve the cluster subdivision at the discretion
of the Planning Board and subject to all other codes applicable to
such systems.
B.
The utilization of cluster development shall require a minimum land
area of 10 acres.
A cluster development shall result in a permitted number of
building lots, which shall not exceed the maximum number which could
be permitted, in the Planning Board's judgment, in the zoning district
in which the cluster development lies.
At the time of submission of the sketch or concept plan or in
the event that the developer elects to submit a preliminary plan,
at the time of such submission, two plans shall be submitted with
one layout designating the layout of a standard subdivision in the
underlying zoning district and the second layout showing the proposed
cluster development.
A.
Each lot in the standard subdivision layout shall meet the minimum
lot size and lot width requirements of the Zoning Law of the Town
of West Bloomfield for the underlying zoning district.
B.
The standard subdivision layout shall be utilized to determine the
maximum density for the cluster development and shall be consistent
with federal, state and Town laws, including, but not limited to,
laws regulating:
The plat showing such cluster developments shall depict the
areas within which such structures may be located with building footprints,
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 Planning Board. The dwelling units,
as permitted, may be, at the discretion of the Planning Board, in
detached, semidetached, attached or multifamily structures.
Areas which would not be available for construction on standard
layout, in the judgment of the Planning Board, must be preserved as
open space on the standard subdivision plan, including, but not limited
to:
A.
Portions required for set-aside for drainage basins or drainage purposes;
B.
All streets and rights-of-way (public or private);
C.
Major utility easements and portions of the developed area which
are not available for building because of slopes, soil conditions,
or other conditions rendering the area not suitable for development.
In addition to the above, cluster developments shall meet the
following criteria, which shall not be waived by the Planning Board
absent a variance from the Zoning Board of Appeals:
A.
A cluster development shall never set aside less than 30% of the
total area of the development for common usage in accordance with
the provisions of this chapter (exclusive of lands not available for
the conventional layout).
B.
No structure shall exceed 35 feet in height.
C.
No structure in a cluster development shall be closer to a preexisting
street than a structure in a standard subdivision.
D.
Frontage and lot area shall be determined by the Planning Board based
upon the permissible number of dwelling units, the open space requirements,
and compliance with the regulations of this section. However, no lot
width for a detached single-family dwelling shall be reduced to less
than 60 feet;
E.
No rear yard shall have a depth of less than 20 feet.
F.
The minimum width of any side yard shall be 10 feet.
G.
All structures shall be set back a minimum distance of 45 feet from
the center line of the street.
H.
In addition, for attached single-family dwelling units, and semidetached
and detached dwelling units and townhouse units, two units or greater,
the following requirements shall be met:
(1)
These units shall be separated from any existing detached single-family
homes by a minimum of 100 feet. Other buffering requirements, such
as landscaped berms, may also be required.
(2)
The maximum group length of a single structure shall be 160 feet.
(3)
Proper garbage and waste collection areas must be provided and depicted
on the proposed plan.
(4)
A minimum of two off-street parking spaces shall be provided for
each unit, either on the lot of each unit or in common parking areas
available within 300 feet of the unit for which it is intended. In
certain circumstances where adequate on-street parking cannot be provided
for visitors, a visitors' parking area may be required by the Planning
Board.
(5)
Sidewalks or other types of walkways may be required along the roadways
or connecting features within the development. Such connectivity shall
be developed as part of the project.
(6)
All electrical and telephone lines shall be placed underground within
the development.
(7)
Applications for these types of developments must include sample
architectural elevations of the buildings being proposed for the site.
In reviewing these, the Planning Board shall take into consideration
their appearance relative to surrounding uses and the impacts on the
views from surrounding properties.
(8)
All new roads and utilities being created for a condominium ownership
development shall be owned and maintained by the condominium association
unless specifically waived by the Town Board.
A.
In reviewing proposed cluster developments, the Planning Board shall
evaluate subdivision layout with respect to scenic views, natural
landscape features, topography of the site, woodlands, wetlands, other
features of the site and other adjacent areas and shall require development
in a fashion and manner which it finds will enhance and preserve such
features, including, but not limited to:
(1)
Lands adjacent to public parks and other publicly accessible open
space.
(2)
Lands adjacent to other dedicated open space areas on adjacent parcels.
(3)
Buffer lands between adjacent active agricultural uses, industrial
uses, commercial uses and residential development.
(4)
Lands adjacent to important streams, rivers and creeks.
B.
The Planning Board may require additional amenities, enhancement
of, changes to configuration of and location of open space, to enhance
the benefits to the residents and/or the Town derived from the cluster
development. Failure or refusal to include such requirements shall
result in disapproval of the proposed plan.
C.
The community open spaces shall be clearly depicted upon the subdivision
plan and shall be provided in as large a contiguous land area as possible.
The developer shall illustrate on the subdivision plan all improvements
to the community open space, including trails, landscaping, incorporation
of natural features, recreational facilities, and structures, including
clubhouses, pools, tennis courts, etc.
D.
As part of the preliminary plan, the developer shall specify the
type of development (condominium, townhouse, landowner's association,
etc.) and shall offer basic regulations which will be incorporated
into the open space plan.
E.
At the time of final subdivision approval, the developer shall include
a draft of the homeowners' association, condominium offering, or other
method utilized to preserve the community open space. Said documents
shall clearly provide for a means to fund and preserve the common
areas in the intended fashion. Any final approval shall be conditioned
on approval of the documents by the Town Attorney, proper recording,
and adequate funding of the legal entity controlling common areas.
F.
All improvements to the community open spaces required to enhance,
preserve and make accessible shall be a condition of approval and
shall be completed prior to issuance of any building permits in the
development. Where the Planning Board finds it necessary, it shall
require the posting of a bond or cash deposit in an amount necessary
to assure completion and maintenance until the homeowners' association
is sufficiently funded to assure such maintenance.
A.
The provisions of this section shall not be deemed to authorize a
change in the permissible use of such lands as provided elsewhere
in the Zoning Law of the Town of West Bloomfield applicable to such
lands.
B.
Nothing herein shall supersede any requirements of the subdivision
regulations in effect, which may impose additional requirements upon
the developer for approval of the proposed subdivision.
C.
Further subdivision of an approved cluster development shall not
be allowed. This shall be indicated on the final subdivision plat
and recorded with Ontario County.
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Cluster Developments in Zoning Districts
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