Residential cluster development is intended to enable and encourage
flexibility in the design and development of land in such a manner
as to promote the most appropriate use of land, to facilitate adequate
and economical provision of services, to preserve those areas in the
Town that are suitable for farm and agricultural uses, to protect
and conserve conservation/open space uses and environmentally sensitive
features, and to preserve scenic qualities. To achieve this goal,
housing subdivision will be allowed only in cluster developments to
maintain active farmland in production, preserve open space and avoid
the extension of public facilities into active farmland and environmentally
sensitive areas.
Residential cluster development shall be considered applicable
in the AR and ARA Zoning Districts.
Permitted uses included all permitted residential principal and accessory uses as specified in § 217-20, Use Regulation Table, for the applicable districts, including single-unit and two-unit dwelling units.
Dimensional requirements as set forth in the Density and Bulk
Control Schedule[1] may be varied by the Planning Board based on set conditions
and the merits of the specific proposal in meeting the objectives
of this article.
[1]
Editor's Note: The Density and Bulk Control Schedule is included
at the end of this chapter.
A.
Authorization to grant or deny residential cluster development. In accordance with § 278 of the Town Law, the Town Board authorizes the Planning Board, simultaneously with the approval of a plat or plats, to modify the applicable bulk and density provisions of this chapter, subject to the conditions hereinafter set forth, where such modification would benefit the Town by providing an alternative permitted method of development of the plat or plats. In no instance shall the number of dwelling units exceed the number which would be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming with the minimum lot size and density requirements of the applicable zoning districts. The Town Board, pursuant to § 278 of the Town Law, authorizes the Planning Board to require that the owner submit an application which reflects and incorporates such modifications where the objectives stated herein and/or in Article I of this chapter are met to a greater degree than if the development were permitted to occur in a conventional manner. The Planning Board shall comply with all procedures and standards set forth in this article when implementing such power.
B.
Standards and procedures governing residential cluster developments.
Any residential cluster development considered shall conform to the
following standards, which are regarded as minimum requirements:
(1)
This procedure shall apply only to agricultural/cluster residential
zoned land which shall be a minimum of 10 contiguous acres in size.
In addition, it shall be determined that such development will not
be detrimental to the health, safety or general welfare of persons
residing in the vicinity, or injurious to property or improvements
in close proximity, and that the proposed development creates an attractive
residential environment that is in conformity with the objectives
of this article and the Town Comprehensive Plan.
(2)
When such cluster development is proposed adjacent to any existing
residential use, a buffer of a minimum of 30 feet shall be maintained
within the proposed cluster along any lot line that abuts the existing
residence.
(3)
All residential cluster development plans shall be prepared with
the competent professional assistance of a licensed professional architect,
engineer, and/or surveyor, and shall be consistent with the spirit
and intent of this chapter.
(4)
In areas without public water and sewer, any reduction in lot size
allowed under this article shall be dependent on approval of the on-lot
water and sewer system by the New York State Department of Health,
New York State Department of Environmental Conservation, or the Chemung
County Department of Environmental Health.
(5)
All the land not contained in the lots or the road right-of-way,
if provided, shall be of such size and shape as to be usable for recreation,
or agriculture, or natural buffer areas. Such land shall either be:
(a)
Deeded to the Town,
(b)
Held in corporate ownership by the owners of lots within the
development, and the developer shall incorporate into the deeds of
all property within the development, if appropriate, a clause giving
to the owners an interest in such open land which shall be used for
recreation, cultural or agricultural purposes only; or
(c)
Retained under separate ownership as an agricultural use or
other permitted use. If retained under separate ownership, a clause
shall be incorporated into the deed restricting the land to be used
for recreation, cultural or agricultural purposes only. No structure
save those incidental to the recreational, cultural or agricultural
use shall be permitted thereon.
(6)
The residual open land left unbuilt after development shall be maintained
in accordance with the development plan. Applicants shall provide
copies of deed covenants with prospective purchasers, or conservation
easements with the Town, describing land management practices to be
followed by whichever party or parties are responsible for annual
maintenance.
(7)
Further subdivision of residual land, or its use for other than noncommercial
recreation, conservation, or agriculture (except for easements for
underground utilities), shall be prohibited. Structures and buildings
accessory to noncommercial recreation, conservation, or agriculture
may be erected on residual land, subject to the applicable provisions
of this chapter.
(8)
Special designs. In cases where a developer has proposed architecturally
unusual groups of dwellings and garages, the Town Planning Board,
after inspecting the plans and elevations, may recommend approval
of smaller minimum lot sizes than those specified, provided that the
sanitary systems are approved by the NYSDEC, that the gross density
does not exceed that permitted within the zoning district in which
the land occurs, and the layout is not detrimental to the health,
general welfare, and aesthetic character of the community.
(9)
Construction shall start within one year of the date of approval
and shall be completed within a time frame agreed to by the developer
and the Planning Board. If such time frame is not met by the developer,
the residential cluster development approval shall be revoked.
C.
Special provisions applying to maintenance of common property. In
the event that an organization is established to own and maintain
common property, the Town Board may resort to the procedure stated
herein, if such property is not maintained in reasonable order and
condition:
(1)
The tract of land for a project may be owned, leased or controlled
either by a single person, or corporation or a group of individuals
or corporations. An application shall be filed by the owner or jointly
by the owners and any other such controlling interest of all property
included in a project. In the case of multiple ownership, the approved
plan shall be binding on all parties.
(2)
When common property exists, the ownership of such common property
may be either public or private. When common property exists in private
ownership, satisfactory arrangements must be made for the improvements,
operation and maintenance of common property and facilities, including
private streets, utilities, drives, service and parking areas, and
recreational and open space areas.
(3)
In reviewing the organization for the ownership and maintenance of
any common property, the Town shall consider the following:
(a)
Timing the creation of the organization; provision for mandatory
or automatic nature for membership in the organization by residents,
nonresidential occupants, property owners, etc.
(b)
Permanence of common property safeguards.
(c)
Liability of the organization for insurance, taxes, and maintenance
of all facilities.
(d)
Provisions for pro-rata sharing of costs and assessments.
(e)
Capacity of the organization to administer common facilities.
(4)
The applicant shall file with the Town a signed agreement, approved
by the appropriate governmental authority, providing for the maintenance
of all common property.
(5)
In the event that the organization established to own and maintain
common property, or any successor organization, fails to maintain
such property in reasonable order, the Town Board may cause such property
to be maintained in accordance with the procedure as follows:
(a)
The Town of Elmira may serve written notice upon such organization
or upon the residents and owners of the development setting forth
the manner in which the organization has failed to maintain the common
property in reasonable condition, and said notice shall include a
demand that such deficiencies of maintenance be cured within 30 days
thereof, and shall state the date and place of a hearing thereon,
which shall be held within 14 days of the notice.
(b)
At such a hearing, the Town may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within 30
days or any extension thereof, the Town, in order to preserve the
taxable values of the properties within the development and to prevent
the common property from becoming a public nuisance, may enter upon
said common open space and maintain it for a period of one year. Said
entry and maintenance shall not vest in the public rights to use the
common open space except when the same is voluntarily dedicated to
the public by the residents and owners. Before the expiration of said
year, the Town shall, upon its initiative or upon the request of the
organization responsible for the maintenance of the common property,
call a public hearing upon notice to such organization, or to the
residents and owners of the development to be held by the Town, at
which hearing such organization or the residents and owners of the
development shall show cause why such maintenance by the Town shall
not, at the election of the Town, continue for a succeeding year.
(c)
If the Town shall determine that such organization is ready
and able to maintain said common property in reasonable condition,
it shall cease to maintain said common property at the end of said
year. If the Town shall determine such organization is not ready and
able to maintain said common property in a reasonable condition, the
Town may, in its discretion, continue to maintain said common property
during the next succeeding year, subject to a similar hearing and
determination in each year thereafter.
(d)
The cost of such maintenance by the Town shall be assessed at
the same proportion as each unit's assessed value bears to the
total assessment of the development.
D.
Review of residential cluster development plans. The approval procedure shall be generally the same as that specified in Chapter 198, Subdivision of Land, of the Code of the Town of Elmira for the review and approval of a proposed subdivision of land. The applicant shall submit at successive stages a sketch plan, preliminary layout, and subdivision plat in accordance with the requirements of Chapter 198, Subdivision of Land. In addition, the applicant at each stage shall provide the following information:
(1)
Proposed number of dwelling units and computation of overall residential
density per net acre as indicated on a scaled drawing with appropriate
documentation using the following guidelines:
(b)
The applicant shall then calculate the acreage that is determined
to be developable and apply the Density and Bulk Control Schedule[1] minimum square footage per dwelling unit for the zoning
district to determine the maximum number of permitted dwelling units.
All density values shall be rounded to the nearest whole number (dwelling
unit).
[1]
Editor's Note: The Density and Bulk Control Schedule is included
at the end of this chapter.
(c)
In order for a portion of a parcel to be considered developable
for the density calculations, there shall be a minimum area of 5,000
square feet of land that is not classified in one of the undevelopable
categories outlined above, and which is capable of supporting an on-lot
sewage treatment and disposal system.
(2)
A tabulation of the total number of acres in the proposed project;
the percentage designated for each use area.
(3)
Proposed location and acreage for parks, playgrounds, natural watercourses
and other open space.
(4)
Lots shall be laid out, to the greatest extent feasible, to achieve
the following objectives:
(a)
Focus development on site soils that are best suited to development
and can accommodate subsurface septic disposal (in unsewered areas
only);
(b)
Avoid disturbance of mature woodlots and/or hedgerows;
(c)
Preserve environmentally sensitive areas and/or unique site
features;
(d)
In locations least likely to block or interrupt scenic vistas;
(e)
In locations where the greatest number of units could be designed
to take maximum advantage of solar heating opportunities;
(f)
Promote a more efficient and economical provision of services;
and
E.
Public hearing on residential cluster development. A residential cluster development shall be processed in accordance with Chapter 198, Subdivision of Land, of the Code of the Town of Elmira and shall not be approved as a subdivision plat by the Planning Board until a public hearing has been held on the proposal in the manner specified in Chapter 198 and by § 278 of the Town Law.
