Article IX Cluster Subdivisions

The Planning Board may request such variations where it finds any one of the following elements justifying preservation:

Steep slopes.

Wetlands.

Flood-prone area.

Historic structures or areas.

(e)

Unique natural or geological formations.

(f)

Vegetation. Rare vegetation or habitats of endangered wildlife.

(g)

Recreation. Lakes, ponds or other significant recreational areas or resources.

(h)

Trails, bikeways and pedestrian routes. Potential and existing trails, bikeways and pedestrian routes, particularly the Appalachian Trail.

(i)

Views. Significant scenic views, particularly ridgelines, water bodies and mountains.

When the Planning Board requests a cluster. The developer and his professionals shall meet with the Board to discuss the possibilities of cluster development, especially as they relate to the SEQR review of the project. Nonetheless, this section shall not be construed as allowing the Planning Board to mandate a cluster development. Such mandating of cluster development can only take place under Subsection C hereof.

Mandatory cluster. The Town Board may, by resolution, authorize the Planning Board to require a cluster development on a particular tract or site under the following circumstances:

Procedure.

Where the Planning Board deems it in the interests of the Town, the Planning Board shall request the Town Board to authorize it to mandate cluster development.

[1]

Such request shall specify the element or elements (set forth in Subsection B above), if any, which justify preservation, and shall specifically describe the means by which a cluster development would further the purposes set forth in § 278 of the Town Law, including the manner in which it will enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open land.

[2]

At the same time that the Planning Board's request is sent to the Town Board, a copy shall be sent by regular mail to the owner of the land in question at the owners last known address. Such owner shall have the right to submit any relevant information to the Town Board.

The Town Board shall review the information submitted by the Planning Board and the property owner. If the owner requests it, the Town Board shall further meet with the owner and owner's representatives to discuss the desirability of mandating a cluster development. At any such meeting the Planning Board or its designated representative(s) may be present. After reviewing the documents and evidence submitted and the criteria set forth in Town Law § 278 and § 163-32B and C of this chapter, the Town Board shall determine whether or not to authorize the Planning Board to require submission of a cluster development plan. The determination shall be considered a legislative determination by the Town Board. Copies of the Town Board's determination shall be sent by regular mail to the Planning Board and the property owner at the owner's last known address. If the Town Board declines to authorize a mandatory cluster, then the Planning Board shall continue to review any conventional subdivision plan submitted by the owner. If the Town Board authorizes a mandatory cluster, then the Planning Board shall forthwith determine whether or not to require such cluster development proposal, and proceed with the application under the applicable provisions of this chapter.

Time of application.

It is deemed in the best interests of the applicant and the Planning Board to determine the applicable development style at the earliest possible time. Accordingly, it is suggested that the Planning Board and property owner discuss the development alternatives at the sketch plan phase.

§ 163-33 Development standards and controls.

An application by the Planning Board to the Town Board for permission to mandate cluster development may be made at any time during the sketch plan or preliminary plat review stage, but may not be made after preliminary approval of a conventional subdivision has been granted.

Except as specified herein, all development standards and controls normally applicable to other residential subdivisions and uses shall also be applicable to cluster subdivisions.

Density.

Conventional plan. The permitted number of dwelling units shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirement of this chapter, applicable to the district or districts in which such land is situated and conforming to all other requirements. For this purpose, the applicant will submit a sketch plan for a conventional subdivision to establish this maximum possible number of units, and the Planning Board may require any additional information it deems necessary to make this determination (the "conventional plan" or the "278 plan"). If the application does not include affordable housing units as provided for below, this maximum possible number of units shall constitute the proposed action for purposes of SEQR review.

This section shall not be interpreted to prohibit the provision of additional incentive units pursuant to the Town's Affordable Housing Law (Chapter 194, Article XXIII), which allows units in addition to those established under the conventional plan. Where an applicant proposes to include affordable housing in a cluster subdivision, the number of permitted units established in the conventional plan shall also be deemed the base number of units under the affordable housing provisions. The maximum permitted number of affordable units shall be 15% of the base number of permitted units. The number of additional incentive market-rate units to be allowed shall be calculated, pursuant to the provisions of the Affordable Housing Law, based upon the proposed number of affordable units to be provided. In a cluster project, the proposed action for purposes of SEQR review shall consist of the total proposed number of units, including both the number of lots in the conventional plan, plus the proposed number of affordable units.

When the applicant is proposing a cluster layout, the Planning Board need not require the preparation of an additional conventional lot count plan to demonstrate the viability of the inclusion of the additional incentive market-rate units if the additional incentive market-rate lots do not constitute more than a ten-percent-increase over the base number of permitted units, and the additional incentive market-rate lots can, in the Planning Board's judgment, be readily accommodated within the proposed cluster layout. If the Planning Board does require an additional conventional layout plan to demonstrate the viability of the inclusion of the incentive market-rate lots, such plan shall be prepared using the reduced lot size standards set forth in the Affordable Housing Law.

If the SEQR process results in a reduction in the total number of units from that established in the initial conventional layout, the number of affordable units, and the number of incentive units shall be reduced accordingly.

Environmentally sensitive lands. In making its determination of the permitted number of dwelling units, the Planning Board will seek the preservation of steep slopes, wetlands, floodplains, water bodies and other environmentally sensitive or unique open space or natural features. In calculating the permissible lot count and density under Subsection A(1), the Planning Board will apply the standards of § 194-14.1.

Frontage. The site must have a minimum street frontage of 100 feet, and access to the parcel must not create any traffic hazards.

Maximum coverage. The maximum permitted gross building coverage on any cluster subdivision site shall be 15%.

Screening and buffering for cluster subdivisions. All clusters shall provide a landscaped buffer of at least 50 feet in depth, between the outer perimeter of the property being subdivided and the boundary of any required yard of a newly created residential lot in the cluster. The Planning Board may eliminate the buffer, or reduce its width, in cases where a buffer is unnecessary because of the nature of adjoining property or land use, or where, in its judgment, topography, existing or proposed landscaping, or other proposed improvements provide sufficient screening and privacy for residents. Buffering and screening areas shall be landscaped or left in their natural state in accordance with the provisions of § 194-109 (Landscaping, screening and buffer areas). The Planning Board shall require such supplemental landscaping within the buffer as it may deem appropriate to provide sufficient screening. The yard requirements set forth in § 163-33L shall be measured from the inner edge of this buffer, and not from the subdivision tract perimeter.

Open space and recreation areas. At least 30% of the gross acreage of any cluster subdivision shall be composed of land which is used for recreational purposes and/or preserved as open space. Open space may include buffers and environmentally sensitive lands, but may not include roadways, road rights-of-way, or required yards. Open space can include land owned privately and protected by conservation easement, or by an HOA, provided such land is permanently preserved as open space from future development or future use as part of a yard of any individual lot.

Open space. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board hereby requires that such conditions shall be approved by the Town Board before the plat may be approved for filing.

Special layout design considerations for large-scale cluster subdivision. In large-scale subdivisions (those exceeding 100 acres), the Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a large, massive concentration of units, with little or no differentiation, can be avoided and so that the character of the cluster subdivision will match the character of the neighborhood in which it is located. In such cluster subdivision, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of cluster residents. Such a system may be composed of a combination of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function. Applicants developing such cluster subdivisions may also apply for a special permit for accessory retail and/or professional services in a cluster (§ 194-65.1).

Utilities and services.

Approvals. All buildings within cluster subdivisions shall be served by water supply and sewage treatment systems as approved by the appropriate governmental agency or agencies having jurisdiction thereof.

Future needs. Where centralized facilities are provided, they shall be planned in such a way as to anticipate future utility needs and wherever reasonably feasible shall be sited to reduce the capital costs associated with any future central utility construction.

(3)

Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.

(4)

Surface water runoff. Surface water facilities shall be developed so that the peak rate of stormwater runoff after construction is no greater than the peak rate of runoff prior to development.

Energy efficiency. The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for all dwelling units.

Sidewalks. Sidewalks shall be provided in areas where lot sizes are 10,000 square feet or smaller, or when the Planning Board determines that sidewalks will provide essential pedestrian access to a hamlet center, shopping or public facilities such as parks, schools and churches. Such sidewalks shall be constructed in accordance with standards in the Highway Specifications.[1]

[1]

Editor's Note: See Ch. A197, Highway Specifications.

Minimum lot area. The minimum lot area requirements shall be as follows:

Detached units:

Subdivision with individual wells and individual sewage disposal systems, minimum lot size: 3/4 acre.

Subdivision with central water and individual sewage disposal systems (or vice versa), minimum lot size: 1/2 acre.

Subdivision with central water and central sewers: average minimum lot size must be at least 10,000 square feet. In no event shall any lot be smaller than 7,500 square feet.

Semidetached units, including attached end units: (permitted only with central water and individual sewage disposal systems, or with central water and central sewers), minimum lot size: 4,000 square fee.

(3)

Attached units (permitted only with central water and central sewers), minimum lot size: 2,500 square feet.

Bulk requirements for lots in cluster subdivisions:

For detached units:

Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.

Minimum rear yard: 30 feet.

Minimum side yard: 15 feet.

(d)

Minimum lot width: 75 feet.

(e)

Minimum lot depth: 100 feet.

(f)

Maximum floor area ratio (FAR): 0.30.

For semidetached and attached units:

Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.

Minimum rear yard: 30 feet.