A.Â
Intent. The purpose of this development approach is to promote neighborhood
residential development which offers variety in lot size, configuration,
topography and affordability. This development alternative shall result
in design and development which promotes the most appropriate use
of the land, facilitates the adequate and economical provision of
streets and utilities and preserves the natural and scenic qualities
of open land.
B.Â
Authority. Authorization is hereby granted to the Joint Planning
Board, pursuant to § 278 of the Town Law and § 7-738
of the Village Law, to vary the zoning requirements as to lot size,
lot width and setback requirements in connection with a proposed subdivision
plat, subject to the standards and procedures contained herein. Such
variations shall result in cluster developments. The Joint Planning
Board is further authorized under appropriate Town and Village Law
to require the use of the cluster development concept.
C.Â
Applicability. This authorization shall be applicable to residential
and mixed use and mixed use hamlet zoning districts, NR, ARC-3, ARC-5
within Livonia and shall be used only when the Joint Planning Board
determines that its use will benefit the community.
D.Â
Permitted use. The permitted uses within a cluster development shall
be the same as those otherwise permitted in the zoning district in
which it is located.
E.Â
Development standards and controls. Except as specified herein, all
development standards and controls normally applicable to other residential
subdivisions and uses shall be applicable to a cluster development.
(1)Â
Density. The maximum permitted density within a cluster development
shall not exceed the number of units that would be achieved within
a conventional subdivision on the same parcel(s). A cluster subdivision
shall include a minimum of five lots.
(2)Â
A cluster development shall be oriented toward an identifiable
feature which all residential units share in common. (See Attachment
1.[1]) Neighborhood identity may be established by one or more
of the following features:
(a)Â
Scenic viewshed. The lots of a neighborhood may be arranged
such that a majority of the principal structures will take visual
advantage of a field, wetland, woods, lake, stream or other open space
which could be described as a scenic viewshed or has been identified
in the Comprehensive Plan.
(b)Â
Physical amenity. The lots of a neighborhood may be arranged
such that a majority of the principal structures will face a green,
playground, ball field, rock outcropping, stand of trees, public use
or other physical feature unique to that particular neighborhood.
(c)Â
Streetscape. The lots may be arranged such that the principal
structures face a street space enhanced with landscaping, street trees,
boulevards, medians or other landscaping techniques appropriate to
local street design standards.
[1]
Editor's Note: Attachment 1 is included at the end of this chapter.
F.Â
The principal and accessory buildings on private lots and the structures
of neighborhood recreation open spaces are encouraged to convey a
particular architectural style through the use of similar building
components, materials, roof pitches, landscaping and/or other construction
techniques.
G.Â
Public utilities, including water supply and sewage disposal facilities,
shall be provided in accordance with all applicable requirements of
Livonia Design Criteria and Construction Specifications for Land Development
and the New York State Departments of Health and Environmental Conservation.
H.Â
The maximum permitted height of any structure or dwelling shall not
exceed 35 feet, except that chimneys attached to such structures may
extend five feet above the highest point of the building.
I.Â
Common open space totaling at least 25% of the total development
site shall be provided in perpetuity. At least 10% of the total land
area within the cluster development shall consist of common open space
which does not lie within the minimum required front, rear and side
yards, as specified.
J.Â
A homeowners' association or similar mechanism for the long-term
ownership and maintenance of common open space shall be provided,
subject to approval of the Joint Planning Board. Provision, satisfactory
to the Municipal Attorney, shall also be made for the long-term ownership
and maintenance of roadways, drainageways and other improvement features
within the cluster development.