It is the purpose of this article to enable
and encourage flexibility of design and development of land in such
a manner as to preserve its natural and scenic qualities, protect
areas of meaningful ecological value, reduce flood hazards, facilitate
the adequate and economical provision of streets and utilities, minimize
negative environmental impacts, improve the aesthetic quality of new
residential developments, expand the variety of housing opportunities,
encourage the conservation of energy, increase recreational opportunities
and otherwise promote the planned and environmentally desirable use
of land by permitting the Board of Trustees to authorize the Planning
Board, simultaneously with the approval of subdivision plats, to modify
otherwise applicable provisions of the Zoning Law in accordance with
the standards, conditions and limitations as set forth herein and
in § 7-738 of the Village Law.
Except as modified by the Planning Board pursuant
to the authority hereby conferred, all regulations normally applicable
to residential uses in the zoning district in which the property is
located shall continue to apply. In addition, the following requirements
are hereby established specifically for average-density developments:
A. Permitted uses. The permitted uses within an average-density
development shall be the same as permitted in the zoning district
in which the property is located.
B. Density. The number of dwelling units permitted in
an average-density development shall in no case exceed the number
which could be subdivided into lots conforming to all normally applicable
requirements of this chapter, the Land Subdivision Regulations and
other related land use and development controls. The basis for this
determination by the Planning Board shall be a sketch layout of a
conventional subdivision prepared and submitted by the applicant,
which layout shall include topographic information and such other
data as may be required by the Planning Board to assist in making
its determination.
C. Common lands and facilities.
(1) In general, common open space land areas shall be
preserved in their natural state, and their use shall be limited to
appropriate conservation and passive recreation purposes. A portion
of such common open space, not to exceed 10% of the gross land area
of the average-density development, may be reserved and designated
for active recreation purposes, provided that the size, shape, access
and location of such areas is approved by the Planning Board. Within
a designated active recreation area, there may be located swimming
pools, ball fields, facilities for court games, clubhouses, playground
equipment and so forth, provided that the use of all such facilities
shall be limited to the residents of the average-density development
and their guests, and further provided that such facilities shall
be subject to site plan approval by the Planning Board.
(2) The permanent preservation of common open space lands
and facilities for their intended purpose shall further be legally
assured to the satisfaction of the Board of Trustees and the Village
Attorney by the filing of appropriate covenants, deed restrictions,
easements or other forms of agreements. The permitted uses within
such areas shall be limited to those specifically approved by the
Planning Board and shown on the subdivision plat, plus uses customarily
incidental and accessory thereto. Subsequent to the approval of the
subdivision plat, the uses permitted within privately owned common
land areas may be modified only upon approval by the Planning Board
and only upon application by the entity owning such common land area.
In each such case, a public hearing shall be held with the same notice
as required by law for final subdivision plats. Such modification
may permit a use in the same general category of uses previously approved
or may allow a change in the location of a particular use from one
portion of the common land area to another.
(3) Dedication of the common land areas, including any
common facilities or improvements thereon, to the common use of all
property owners within an average-density development shall be recorded
directly on the subdivision plat or by reference on the subdivision
plat to a declaration of covenants, conditions and restrictions in
a separate document recorded or to be recorded at or about the time
of the filing of the approved subdivision plat. Such declaration of
covenants, conditions and restrictions shall permanently grant to
each property owner in common with all other property owners within
such average-density development an easement in and to the common
land areas and the common facilities thereon and of the use thereof.
(4) As another alternative, all or a portion of the conserved
land areas may be dedicated to the Village of Pomona, provided that
the Board of Trustees has voted to accept such offer.