The following provisions apply to clustered
projects proposed for approval in the Town of Geneva.
These regulations are adopted for the following
purpose: The Town Board of the Town of Geneva 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, pursuant to the provisions of
§ 278 of the Town Law of the State of New York, the purpose
of this article is to enable and encourage flexibility of design in
housing development of land in such a 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.
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 Article 16, § 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.
Authorization to grant or deny residential cluster development is provided by § 278 of the Town Law which empowers the Planning Board to grant variations in the dimensional standards (area) of Chapter 165, Zoning, concurrent with subdivision review.
A.
The Planning Board shall comply with all procedures
and standards set forth in this article when implementing such power.
B.
As provided in Chapter 859 of the New York State Laws
of 1981, the Planning Board is hereby granted the authority to require
a plat be submitted as a clustered project as limited by Town Law
§ 278 and by this chapter. This requirement may be employed
to impose conditions for the approval of residential subdivision plats
by the Planning Board, whether or not the owner makes application
for a clustered project.
Yield determines the number of dwelling units
which can be placed on a site to be developed under a clustering plan.
A.
For all but multiple dwelling districts, the following
provisions apply:
(1)
The maximum number of dwelling units that may be approved
in a clustered development shall be determined by calculating the
maximum number of dwelling units or building lots which an applicant
could secure if the land were subdivided into lots or developed in
conformance to the requirements of the particular zoning district
in which the land is situated. Project density shall be based only
upon the amount of usable land which is available for development.
(2)
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.
B.
Multiple dwelling districts. Density for multiple dwellings shall be based upon the gross land area exclusive of any restrictions identified in Subsection A(2) of this section above.
C.
In computing functional density, the Planning Board
shall rely on the estimate of the maximum number of dwelling units
which could be constructed if the land was developed as a conventional
subdivision.
(1)
Should there be disagreement about this estimate,
the developer can submit an alternate sample plat for the land. This
plat must show any lands situated in a flood hazard area, having slopes
in excess of 20%, officially designated freshwater wetlands, land
occupied by public utilities, structures, drainage control areas,
rights-of-way or lands otherwise unsuitable for development.
(2)
An alternative to submitting a sample plat is submission
of a detailed report which contains the concepts utilized in preparing
a conventional plat.
The approval process and information requirements
for a clustered project will be conducted pursuant to major subdivision
process procedures regardless of whether land is to be subdivided
or to remain as a single parcel.
The following restrictions apply to clustered
projects:
A.
Clustering may be permitted and may be mandated only
in residentially zoned districts. Permitted uses within the clustered
development shall be the same as permitted in the zoning district
in which the property is located and shall be restricted to dwelling
units and their customary accessory uses.
B.
In some cases during the approval process for a clustered
project, additional information may be required by the Planning Board.
This information may be pertinent to but not necessarily limited to
such areas of concern as environmentally sensitive areas, recreational
areas, open spaces or common areas.
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 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 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
be to be dedicated to the town, the applicant must create a property
owners' association and receive approval by 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 shall
be submitted to the Attorney for the town for review and to the 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 Planning Board for review and approval. All alternate proposals
shall be submitted to the Attorney for the town for review and comment.
The Planning Board may require any additional information it deems
necessary to conduct an adequate review of the alternate proposals.
