A. 
The purpose of authorizing the use of cluster developments is to enable and encourage the flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands consistent with the goals and objectives of the Sodus Comprehensive Use Plan. The granting of design and development flexibility should promote superior land planning, affording greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure while maximizing the preservation of valuable open space, thereby protecting and preserving the natural and scenic qualities of such areas.
B. 
Specifically, the purposes of cluster development within the Town of Sodus are to:
(1) 
Promote the most appropriate use of land.
(2) 
Facilitate the adequate and economical provision of streets and utilities.
(3) 
Result in improved living and working environments.
(4) 
Preserve open space and the natural and scenic qualities of open lands including environmentally sensitive features of development sites.
(5) 
Preserve significant tracts of forested lands.
(6) 
Preserve active agricultural lands.
(7) 
Protect floodplains, wetlands, lakes, ponds, streams and other natural features.
(8) 
Promote development in harmony with the goals and objectives of the Sodus Comprehensive Land Use Plan.
Authorization is hereby granted to the Town of Sodus Planning Board pursuant to § 278 of the Town Law to require an applicant to submit an alternate cluster development design. Any alternate cluster development design submissions shall comply with the purpose, procedures, standards and open-space requirement set forth in this chapter and Chapter 109, Subdivision of Land. Any applicant may, on the applicant's own initiative, submit a proposed cluster development for consideration by the Planning Board.
A. 
The Planning Board shall make the initial determination whether the utilization of an alternate cluster development design shall benefit the Town of Sodus.
B. 
The application of this procedure shall result in a permitted number of buildings, plots or dwelling units which shall in no case exceed the number which could be permitted in the Planning Board's judgment if the land were subdivided into lots conforming to the minimum lot size, density requirements, and requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
C. 
The use of clustering shall be allowed in all zones located within the Town of Sodus. The Planning Board in its discretion may specify the amount and types of the various housing units permitted, provided that the total number of units does not exceed that permitted for the applicable residential zones in which the site is located.
D. 
All cluster housing stock must be compatible with the existing neighborhood character and the community's setting.
E. 
Whenever possible, cluster applications should discourage the locating of structures upon active agricultural or scenic open space areas of these sites while encouraging the use of natural land contours, relief and active vegetation in the selection of suitable cluster building locations upon the site.
F. 
The waiver of zoning requirements by the Planning Board for cluster applications shall include but not be limited to lot size, lot width, lot depth and other various yard requirements. The Planning Board shall consider the availability of public sewer and water facilities at the proposed site as an important factor in determining the lot size and lot coverage requirements of any cluster subdivision. Lot sizes shall be determined at the discretion of the Planning Board on a case-by-case basis, dependent on the presence or absence of on-site water and/or sewer, soil slopes and conditions and other factors which the Planning Board finds to be relevant. The design of any on-site sewage disposal system(s) to be utilized on any cluster site must meet the design and operation standards of the New York State Department of Health.
G. 
The Planning Board, in its design review of a large cluster subdivision, should consider requiring the applicant to examine the layout of small Building clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning. This design technique will avoid a large, massive concentration of building units, with little or no differentiation, and will more appropriately match the character of the neighborhood in which the cluster development is to be located.
H. 
A suitable 100-foot vegetation buffer shall be required between cluster developments and neighboring land uses.
I. 
In unique circumstances, the Planning Board may vary the aforementioned numerical standards, provided that such variance does not alter the established density and is not inconsistent with the stated purpose of this article.
J. 
All cluster applicants are required, prior to the granting of final subdivision approval by the Planning Board, to make legal provisions consistent with § 135-22 and approval of the Town of Sodus Town Board for the future protection/management of the open space resulting from the utilization of cluster zoning.
A. 
A cluster alternative design may be initiated by petition of the applicant or upon the direction of the Planning Board, if in said Board's judgment its usage would benefit the Town. The Planning Board may require any applicant to submit an alternative cluster design subdivision plan in any zone.
B. 
The submission and review of all cluster development applications shall conform to Chapter 109, Subdivision of Land.
C. 
Prior to the submission of any alternative cluster designed subdivision, all applicants shall submit to the Planning Board the following unless waived by the Planning Board.
(1) 
A conventional subdivision sketch plan which establishes, to the satisfaction of the Planning Board, the total acreage of the parcel in question.
(2) 
A recent aerial photograph of the proposed site.
(3) 
A copy of 7.5 minute United States Geological Survey (USGS) topographic map, which indicates New York State regulated and nationally regulated wetlands, of the proposed site.
(4) 
A copy of a soil map of the proposed site.
(5) 
Information regarding the current land use of the proposed site and the surrounding area.
(6) 
Information regarding the availability of public sewer and water services to the proposed site.
D. 
The applicant shall provide the Planning Board with written information regarding the method which will be utilized for the membership/management of any open space resulting from such application.
E. 
The Planning Board, in its deliberations on whether to approve or disapprove any cluster or alternative designed subdivision application, shall give great consideration to how closely such application conforms to the cluster standards set forth in § 135-20.
F. 
Prior to the Planning Board's granting of any final cluster subdivision approval, the method of ownership/management of the resultant open space shall be approved by the Planning Board. As a basis for this approval, the Planning Board shall receive and forward to the Town Attorney copies of any required legal instruments, deeds, covenants or conservation easements which relate to the final disposition and management of the open space, prior to the approval of the Town Board.
G. 
Upon the filing of the final subdivision plat in the office of the County Clerk, a copy shall also be filed with the Code Enforcement Office. The applicant shall provide the Town Assessor with copies of all legal instruments relating to any use restrictions which may affect the use of any real property located within the filed subdivision plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
All legal instruments, deeds, covenants or conservation easements relating to the final disposition, ownership and management of any open space resulting from the Planning Board's approval of any cluster zoning application shall be established and filed on record prior to the conveyance of any cluster subdivision lots.
I. 
In the event that the maintenance, preservation and/or use of the common land for open space or recreational use ceases to be in compliance with the plan approved by the Planning Board and the requirements of such approval, the Town of Sodus shall be considered a party in interest and may take all necessary action, including but not limited to court proceedings to enforce the provisions of the approved plan and its requirements and may undertake such maintenance, and charge the cost thereof to the homeowners' association or other entity owning such lands, and upon the default of the association or other entity, to the individual homeowners.
A. 
The setting aside of open space, forested land or active agricultural land in a clustered subdivision shall in no case preclude the Planning Board from requiring the dedication of parks, playgrounds or recreation lands.
B. 
Undivided open space.
(1) 
A minimum of 50% of the total tract area, after deducting the following kinds of unbuildable land (which are also required to be deducted when calculating net permitted density for conventional subdivisions):
(a) 
Wetlands and required buffers.
(b) 
All of the floodway and floodway fringe within the 100-year floodplain, as shown on official FEMA maps.
(c) 
Land with slopes exceeding 25%, or soils subject to slumping.
(d) 
Land required for street rights-of-way (10% of the net tract area).
(e) 
Land under permanent easement prohibiting future development (including easements for drainage, access, stormwater retention and utilities).
(2) 
The above areas shall generally be designated as undivided open space.
C. 
All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the Town and duly recorded in the County Clerk's office.
D. 
Open space land set aside in a cluster subdivision for parks, playgrounds or recreation purposes shall be provided in such a manner that the lands are usable for recreation or other activities and are accessible to all residents of the subdivision or, where such lands have been conveyed to the Town, accessible to the public.
E. 
The Planning Board shall discuss with the applicant which of the following open space ownership and management options would be most suitable in fulfilling the purposes of this cluster regulation prior to the Planning Board granting a final approval of any cluster subdivision. The applicant, as a condition of Planning Board approval, shall submit copies of any application for New York State approval of any offering plan and all supporting documents, and any other documents or maps or plans submitted to any other regulatory agency in connection with obtaining approval of the subdivision, cluster development or homeowners' association or other organization or not-for-profit corporation which shall be utilized to own or manage the open space.
(1) 
Open space ownership/management by a not-for-profit conservation organization.
(2) 
Open space ownership/management by a homeowners' association.
(3) 
Open space ownership/management by the developer.
(4) 
Open space ownership/management by the Town of Sodus or special improvement district which includes all or part of the cluster development.
F. 
The method of dedication of all open space land resulting from the use of clustering shall be referenced on the final subdivision plat. Such map notations shall also include specific references to any legal instruments utilized to effect such dedication.
G. 
Wherever possible, active agricultural lands, which are included in a proposed cluster design, shall remain in production and undeveloped, protected as an open space resource of the community. If agricultural use of the land ceases, then the land shall continue as open space.
H. 
Each deed to each lot sold by the original developer, its successors and all subsequent owners shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.
I. 
Homeowners' associations. The following conditions shall govern the utilization of a homeowners' association, if selected as the preferred open space ownership/management option for a cluster subdivision:
(1) 
The homeowners' association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses of the organization's activities, said proportion to be determined by the tax assessments on the properties.
(2) 
Title to all common property, exclusive of land set aside for public schools if any, shall be placed in the homeowners' association, or definite and acceptable assurances shall be given that it automatically will be so placed within a reasonable period of time to be determined by the Planning Board.
(3) 
Each lot owner shall have equal voting rights in the association and shall have the right to the use of enjoyment of the common property.
(4) 
Once established, all responsibility for operation and maintenance of the common land facilities shall lie with the homeowners' association.
(5) 
Dedication of all common land areas shall be recorded directly on the subdivision plat or referenced on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
(a) 
Give the title to the common property to the homeowners' association free of any cloud of implied public dedication.
(b) 
Commit the developer to convey the areas to the homeowners' association at the approved time to be determined by the Planning Board.
(c) 
Grant easements of enjoyment over the area to the lot owner.
(d) 
Give the homeowners' association the right to borrow for improvements upon the security of the common areas.
(e) 
Give the homeowners' association the right to suspend membership rights for nonpayment of assessment of infraction of published rules.
(6) 
The life of the homeowners' association shall be perpetual; and it shall purchase insurance, shall pay taxes, shall specify in its charter and bylaws an annual homeowners' fee and provisions for assessments, and shall establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it also shall have the right to commence action against any member for the collection of unpaid assessments in any court of competent jurisdiction.
(7) 
The establishment of any homeowners' associations pursuant to this regulation shall be completed prior to the sale of any dwelling unit and/or lots within the development or subdivision. However, the developer shall assume all responsibilities as previously outlined for the homeowners' association until a majority of the dwelling sites are sold, at which time the homeowners' association shall automatically assume the aforementioned responsibilities.