The Planning Board may approve a cluster development in any
residential district in accordance with site plan review and subdivision
approval procedures and the requirements specified below. The purpose
of such development is to provide flexibility in the design and development
of land in such a way as to promote the most appropriate use of land,
to facilitate the adequate and economical provision of streets and
utilities, to preserve the natural and scenic qualities of open space
and to protect local ecology, major stands of trees, steep slopes,
geological features and other areas of environmental value.
[Amended 7-16-1993 by L.L. No. 2-1993]
The maximum permitted number of dwelling units or building lots shall be determined by dividing the land area of the subject property by the normal minimum required lot area for single-family residences for said district as may be adjusted pursuant to this section and Article IV, Steep Slope and Soils Preservation. Prior to determining the number of dwelling units or building lots, the parcel to be developed shall be adjusted as follows:
The type of dwelling unit permitted within a cluster development
shall be single-family residence, including attached or row dwellings
owned in fee simple or any other arrangement. Specifically excluded
are multifamily residences. The Planning Board may require perspective
drawings of all proposed structures to ensure innovation and variety
in the design and layout of dwellings.
Exclusive of attached or row dwellings, no lot shall be reduced
in area below 15,000 square feet. There shall be no minimum lot width
or required yards, except that minimums may be required in specific
instances where determined necessary or appropriate by the Planning
Board.
The area for cluster development shall be in a single ownership
or under unified control throughout the review process.
Cluster developments shall be served by both Village water and
sewer systems or appropriate systems approved by Village, county and/or
state jurisdictions.
All land within a cluster development which is not designed
to serve as residential areas, roads or for other public purposes
shall be set aside as common open space or recreation land. Resubdivision
of such areas shall be prohibited.
A.
Natural features, such as waterbodies, marsh areas, steep slopes,
forest areas, hilltops and rock outcrops, shall be preserved as common
open space or recreational land.
B.
Adequate active year-round recreation facilities, such as tennis
courts, swimming pools, play lots and fields, may be required if deemed
necessary by the Planning Board during the course of site plan and/or
subdivision review. The extent and type of facilities will depend
upon the size and nature of the development.
C.
Common open space or recreation land may be deeded to a recognized
conservation organization acceptable to the Village Planning Board
or a homes association responsible for the continued ownership, use
and maintenance of all common lands or by the formation of a park
district or by the filing of covenants and restrictions, easements
and/or scenic easements. Such shall be reviewed by the Village Attorney
and approved by the Village Board.
D.
Except in those instances where the ownership of such areas is to
be vested in an approved conservation organization, the following
conditions shall be met relative to a homes association.
(1)
Membership in the association shall be mandatory for each dwelling
unit or lot owner within the development or subdivision and for any
successive dwelling unit or lot owner.
(2)
All restrictions on the ownership, use and maintenance of common
land for open space or recreational use shall be permanent.
(3)
The association shall be responsible for liability insurance, local
taxes and the maintenance of the common land for open space or recreational
use.
(4)
Each dwelling unit or lot owner within the development or subdivision
shall be made responsible for paying his proportionate share of the
association's costs, and the assessment levied by the association
shall become a lien on the dwelling unit or lot if not paid.
(5)
The association shall have the power to adjust assessments to meet
changing needs.
(6)
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 any of the above requirements or any other requirements specified
by the Planning Board when approving cluster developments, the Village
shall be granted the right to take all necessary action to assure
such compliance and to assess against the association and/or each
individual dwelling unit or lot owner within the development or subdivision
all costs incurred by the Village for such purposes.
(7)
The establishment of such an association shall be required prior
to the sale of any dwelling unit and/or lots within the development
or subdivision.
All other common land, in addition to land for open space or
recreational use, shall be subject to the same conditions as are provided
and shall be subject to approval by the Village Board.
Prior to site plan approval and subdivision approval, the developer
shall file with the Village Board a performance bond and/or cash deposit,
as estimated by the Village Engineer, sufficient to cover the full
cost of all recreation and park improvements shown on the site plan
and a maintenance bond and/or cash deposit to insure the proper maintenance
of all common lands. The amount and period of said bonds and/or cash
deposit shall be determined by the Planning Board, and the form, sufficiency,
manner of execution and surety shall be approved by the Village Board.
