A.
Authority. The Town Board may, subject to the procedures,
standards and limitations hereinafter set out, permit, simultaneously
with the approval of a subdivision plat, deviations from the zoning
requirements established by this code governing the average density
of population permitted in the zoning district where such land lies.
B.
Purpose. Cluster development procedures are established
to provide an administratively uncomplicated method to permit minor
modifications of the yard, bulk and space requirements, other than
minimum open space requirements, minimum lot area per unit and per
bedroom requirements and lot coverage requirements, applicable in
the various districts established by this code. Cluster development
permits the grouping of structures in order to plan more usable open
space or to preserve open space or historic or scenic features without
exceeding overall density or land coverage requirements.
A.
Cluster development shall be permitted within all
R, B and the Town Center Business Districts.
[Amended 3-7-2011 by L.L. No. 1-2011]
B.
The minimum development area for cluster developments
shall be 10 acres.
C.
The maximum density for the entire subdivision shall
not exceed the maximum density permitted in the underlying district.
D.
All lot reductions shall be compensated for by an
equivalent amount of land in cluster open space to be preserved and
maintained for its scenic, recreation or conservation value.
A.
At least 25% of the total acreage is to be developed
to common, permanent open space. The open space shall be reserved
and maintained as a natural area, landscaped park or recreational
space and included in the Open Space (OS) District.
B.
The Town Board may also require an additional dedication
of up to 10% of the land within the cluster development for public
park, water access or recreation purpose. This land shall be included
in the Open Space (OS) District. Under certain conditions, the Town
Board may require the payment of a recreation fee per unit in lieu
of the dedication of parkland.
C.
Where applicable, an upland buffer of vegetation of
at least 50 feet in depth adjacent to wetlands and surface waters,
including creeks, streams, springs, lakes and ponds, shall be maintained.
D.
If the cluster open space is not dedicated to the
Town, the land shall be protected by legal arrangements, satisfactory
to the Town Board, sufficient to assure its maintenance and preservation
for whatever purpose intended. Covenants or other legal arrangements
shall specify:
(1)
Ownership of the cluster open space.
(2)
Method of maintenance.
(3)
Responsibility for maintenance.
(4)
Maintenance taxes and insurance.
(5)
Compulsory membership and compulsory assessment
provisions.
(6)
Guarantees that any association formed to own
and maintain cluster open space will not be dissolved without the
consent of the Town Board.
(7)
Any additional specifications deemed necessary
by the Town Board.
E.
All cluster open space shall be considered taxable
unless deeded to the Town of Grand Island.
A.
Application. Applications for cluster development
permits shall be submitted to a Code Enforcement Officer and reviewed
by the Planning Board. Within 31 days following the submission of
the application, or such longer period as may be agreed to by the
applicant, or which may be extended by the Planing Board if more information
is required by the Planning Board, the Planning Board shall, with
such aid and advice of the various departments and bureaus of the
Town as may be appropriate, review the application and submit its
recommendation to the Town Board. The application shall be in such
form and shall contain such information and documentation as shall
be prescribed from time to time by a Code Enforcement Officer but
shall in all instances contain at least the following information
and documentation:
(1)
The applicant's name and address and his interest
in the subject property.
(2)
The owner's name and address, if different that
the applicant, and the owner's signed consent to the filing of the
application.
(3)
The name, residence and the nature and extent
of the interest, as defined by § 809 of the General Municipal
Law of New York, of any state officer or any officer or employee of
the Town or the county in the owner-applicant or the subject property
if known to the applicant.
(4)
The street address or legal description of the
property.
(5)
The Zoning classification and present use of
the subject property.
(6)
A written statement generally describing the
proposed cluster development, the housing types to be permitted and
the market which it is intended to serve; its relationship to the
Comprehensive Plan; and how the proposed cluster development is to
be designed, arranged and operated in order to permit the development
and use of neighboring property in accordance with the applicable
regulations of this code. The statement shall include a description
of the applicant's planning objectives and the rationale governing
the applicant's choices of objectives and approaches.
(7)
A tabulation of the following information:
(a)
The total land area of the site, expressed in
square feet.
(b)
A total number of dwelling units proposed, by
type of structure and number of bedrooms.
(c)
The proposed number of off-street visitor parking
spaces.
(d)
The total land area to be developed for private
street purposes.
(e)
The total land area to be reserved for public
rights-of-way.
(f)
The proposed lot coverage, expressed as a percent
of the site's total land area covered by improvements, including all
impervious surfaces.
(h)
The proposed density of population, expressed
as an average of the total square footage of the site's land area,
excluding land used for private streets and/or public right-of-way,
per proposed dwelling unit.
(i)
The proposed yard setbacks for each unit and/or
structure.
(8)
A drawing illustrating the maximum number of
dwelling units which potentially could be built on the site, using
a conventional subdivision design conforming to:
(9)
A statement that the maximum permitted number
of units and the maximum permitted lot coverage are not exceeded by
the proposed cluster development and that the minimum required area
of open space is provided.
(10)
A statement of the applicant's intent with respect
to the ownership, sale and leasing of the various completed units,
structures, spaces and areas within the proposed development.
(11)
Proof of continued maintenance of common open
space by deed restriction or homeowners' association agreement for
developments where any or all required open space is provided on a
lot held in common by all lot owners.
(12)
An application for site plan approval as required
by this code.
(13)
Such other and further information or documentation
as the Planning Board or a Code Enforcement Officer may deem to be
necessary or appropriate for a full and proper consideration and disposition
of the particular application.
B.
The failure of the Planning Board to act within 31
days following the conclusion of such hearing, or such longer period
as may be agreed to by the applicant, shall be deemed a recommendation
for the approval of the development plan as submitted.
C.
Within 31 days following the receipt by the Town Board
of the report of the Planning Board, or its failure to act as above
provided, a public hearing shall be set, advertised and conducted
by the Town Board.
D.
Action by Town Board. Within 62 days following the
conclusion of the public hearing, the Town Board shall render its
decision, either granting the application for cluster development
approval; granting it subject to conditions; or denying the application.
The failure of the Town Board to act within 62 days, or such longer
period of time as may be agreed to by the applicant, shall be deemed
a denial of the application.
E.
Requirements for cluster developments:
(1)
Authorized uses. No use shall be authorized
by a cluster development permit except uses permitted or permissible
in the district in which such development is to be located. Approval
of a cluster development for a use requiring any special approval
shall not excuse the requirement of obtaining such special approval.
(2)
Density and coverage. No permit for cluster
development shall authorize any increase in the overall density or
intensity of development nor any increase in the overall lot coverage
permitted by the district regulations applicable in the district in
which such development is to be located. All land which is undevelopable
under state, federal or local laws, shall be excluded from density,
intensity and lot coverage calculations.
(3)
Standards. A permit for cluster development
shall be granted only if evidence is presented which establishes:
(a)
That the proposed development will be in harmony
with the general purpose, goals, objectives and standards of the Comprehensive
Plan and the Town Code.
(b)
That the proposed building or use complies with
all applicable regulations of this code except as modified pursuant
to the authority of this article.
(c)
That the proposed building or use will not have
a substantial or undue adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, parking, utility
facilities and other matters affecting the public health, safety and
general welfare.
(d)
That the proposed development will be served
adequately by essential public facilities and services such as highways,
roads, parking, sidewalks/trails, police and fire protection, drainage
structures, refuse disposal, water and sewers and schools.
(e)
That the proposed cluster development will be
constructed, arranged and operated so as not to dominate the immediate
vicinity or to interfere with the developments and use of neighboring
property in accordance with the applicable district regulations.
(f)
That the proposed cluster development will not
result in the destruction, loss or damage of any natural, scenic or
historic feature of significant importance.
(g)
Lots shall be of an adequate size for the proposed
dwelling units.
F.
Conditions on cluster developments. The Town Board
may impose such conditions upon the premises benefitted by a permit
for a cluster development as may be necessary to ensure its compatibility
with other development in the neighborhood. Such conditions shall
be expressly set forth in the resolution authorizing the cluster development
and in the permit therefor. Violation of such conditions shall be
a violation of this code.
G.
Affidavit of compliance with conditions. Whenever
any cluster development permit authorized pursuant to this section
is made subject to conditions to be met by the applicant, the applicant
shall, upon meeting such conditions, file an affidavit with a Code
Enforcement Officer so stating. Such affidavit shall be accompanied
by a nonrefundable fee, as established from time to time by the Town
Board, to help defray the cost of an inspection to verify that such
conditions have been met.
H.
Effect of issuance of cluster development approval:
(1)
The approval of a cluster development shall,
upon the filing of a plat of such development with the Recorder of
Deeds of Erie County, constitute an amendment of the bulk, space and
yard regulations of this code applicable to such development, and
thereafter such plat shall constitute the bulk, space and yard regulations
applicable to such development.
(2)
However, the approval of a cluster development
shall not authorize the establishment or extension of any use nor
the development, construction, reconstruction, alteration or moving
of any building or structure, but shall merely authorize the preparation,
filing and processing of application for any permits or approvals
which may be required by the codes and ordinances of the Town, including,
but not limited to, a permit for a special permit use, a building
permit, a certificate of occupancy and subdivision approval.
I.
Limitation on permits for cluster developments. Subject
to an extension by the Town Board, no approval for a cluster development
shall be valid for a period longer than one year from the date of
issue unless a building permit is issued and construction is actually
begun within that period and is thereafter diligently pursued to completion.
J.
Adjustments to cluster development during development:
(1)
During the development of a cluster development the Planning Board may authorize minor adjustments to the approved cluster development when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. No such minor adjustment shall authorize the violation of any of the requirements set forth in Subsection E of this section nor result in:
(a)
Altering the bulk of any one structure or altering
the bulk of a number of similar structures by more than 5%.
(b)
Altering the location of any one structure or
group of structures by more that 10 feet or 1/10 of the distance shown
on the plat between such structure or structures and any other structure
or any vehicular circulation element or any boundary of the cluster
development, whichever is less.
(c)
Altering the boundary of any open space by more
than 10 feet.
(d)
Reducing the total amount of open space by more
than 5% or reducing the yard area or open space associated with any
single structure by more than 5%.
(2)
Such minor adjustments shall be consistent with
the intent and purpose of the Comprehensive Plan, this code and the
approved cluster development plat, and shall be the minimum necessary
to overcome the particular difficulty.
K.
Amendments to cluster developments. In addition to the minor adjustments authorized by Subsection J above, an approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this code, except that site plan review and approval pursuant to this code shall be required in connection with any such proposed amendment.
