A.
Purpose. The purpose of a cluster development shall be to enable
and encourage flexibility of design and development of lands in such
a manner as to enhance and preserve the natural and scenic qualities
of open lands. This includes the preservation of unique or significant
features of the site, including, but not limited to, a vegetative
feature (i.e., important woods, etc.), wildlife habitat, endangered
species area, unusual land formation or steep slope area of significance.
It may also include an important view or aesthetic/scenic component
of the Town. In some instances, the cluster development concept may
be utilized to create an important recreational or scenic component
for the community. It is not the intent of cluster development to
create useless open space such as standard lawned areas or vacant
fields.
C.
Standards for reviewing cluster developments. The Planning Board
shall recommend denial of the use of cluster development which in
its opinion does not meet these standards:
(1)
Individual lots, buildings, streets and parking areas, walkways and
all other infrastructure shall be designed and situated to minimize
alteration of the natural site features to be preserved.
(2)
Diversity, aesthetics and originality in lot layout and individual
building design shall be used to achieve the best possible relationship
between development and land.
(3)
Cluster open space intended for recreation or any public use shall
be easily accessible.
(4)
Streets and walks shall be designed to provide safe and efficient
pedestrian and vehicular circulation.
(5)
In general, cluster development shall not have an adverse effect
upon adjacent property, the character of the neighborhood traffic
conditions, utilities or other matters affecting public health safety
and general welfare.
A.
"Cluster development" shall mean a subdivision plat or plats, approved
pursuant to this article, in which the applicable zoning ordinance
or local law is modified to provide an alternative permitted method
for the layout, configuration and design of lots, buildings and structures,
roads, utility lines and other infrastructure, parks and landscaping
in order to preserve the natural and scenic qualities of open lands
where allowed.
B.
Cluster development shall not be a use allowed by right. It may be
allowed at the discretion of the Town Board. The procedure set forth
herein and the authorization of cluster development may be followed
and allowed at the discretion of the Town Board if, and in the Town
Board's judgment, its application would benefit the Town and meet
the Town's goals and the objectives and the purposes of this article.
A.
Cluster developments shall include no less than five acres of land.
B.
Cluster developments shall be allowed in any district permitting
residential uses.
C.
Maximum density shall not exceed the maximum density permitted in
the district in which the cluster development is placed.
D.
There shall be a fifty-foot buffer around the cluster development.
This buffer is in addition to any required yards.
E.
Open space.
(1)
All lot reductions shall be compensated for by an equivalent amount
of land in cluster open space or 30% of the gross acreage of the cluster
development, whichever is greater.
(2)
At the Town's option, open space may be accepted by dedication and
operated by the Town as a public recreational facility.
(3)
If open space is not dedicated to the Town, it shall be protected
by formal arrangements, such as a homeowner's association or restrictive
covenants, which are satisfactory to the Town Board and sufficient
to assure its perpetual maintenance and preservation. These formal
arrangements shall be approved by the Town Board prior to final plot
approval.
(4)
Each dwelling unit shall have at least two off-street parking spaces.
A.
Application. Applications for cluster development permits shall be
submitted to the Building Inspector and reviewed by the Planning Board.
Within 31 days following the submission of the application, or such
longer period as may be agreed to by the applicant, or which may be
extended by the Planning Board if more information is required by
the Planning Board, the Planning Board shall, with such aid and advice
of the various departments and bureaus of the Town as may be appropriate,
review the application and submit its recommendation (for allowing
the use of cluster development) to the Town Board. The application
shall be in such form and shall contain such information and documentation
as shall be prescribed from time to time by the Building Inspector
but shall in all instances contain at least the following information
and documentation:
(1)
The applicant's name and address and his interest in the subject
property.
(2)
The owner's name and address, if different than the applicant, and
the owner's signed consent to the filing of the application.
(3)
The name, residence and the nature and extent of the interest, as
defined by § 809 of the General Municipal Law of New York,
of any state officer or any officer or employee of the Town in the
owner-applicant or the subject property if known to the applicant.
(4)
The street address or legal description of the property.
(5)
The zoning classification and present use of the subject property.
(6)
A written statement generally describing the proposed cluster development,
the housing types to be permitted and the market which it is intended
to serve; its relationship to the Comprehensive Plan; and how the
proposed cluster development is to be designed, arranged and operated
in accordance with the applicable regulations of this chapter. The
statement shall include a description of the applicant's planning
objectives and the rationale governing the applicant's choices of
objectives and approaches.
(7)
A tabulation of the following information:
(8)
The proposed yard setbacks for each unit and/or structure.
(9)
A drawing illustrating the maximum number of dwelling units which
potentially could be built on the site, using a conventional subdivision
design conforming to:
(10)
A statement that the maximum permitted number of units and the
maximum permitted lot coverage are not exceeded by the proposed cluster
development and that the minimum required area of open space is provided.
(11)
A statement of the applicant's intent with respect to the ownership,
sale and leasing of the various completed units, structures, spaces
and areas within the proposed development.
(12)
An application for subdivision approval as required under this
chapter.
(13)
Such other and further information or documentation as the Planning
Board or the Code Enforcement Officer may deem to be necessary or
appropriate for a full and proper consideration and disposition of
the particular application.
B.
Within 31 days following the receipt by the Town Board of the report
of the Planning Board, or its failure to act as above provided, a
public hearing shall be set, advertised and conducted by the Town
Board.
C.
Action by Town Board. Within 62 days following the conclusion of
the public hearing, the Town Board shall render its decision, either
granting the use of cluster development; granting it subject to conditions;
or denying the use of cluster development. The failure of the Town
Board to act within 62 days, or such longer period of time as may
be agreed to by the applicant, shall be deemed a denial of the use
of cluster development.
D.
If the use of cluster development is granted, the applicant will
proceed to completing all of the requirements of the Town's subdivision
approval process. The process of approving the use of cluster development
takes the place of sketch plan.
E.
Limitations on permits for cluster developments. Subject to an extension
by the Town Board, no approval for cluster development usage shall
be valid for a period longer than one year from the date of issue
unless final subdivision approval is received.
F.
Adjustments to cluster development during development. During the development of a cluster development the Planning Board may authorize minor adjustments to the approved cluster development when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. No such minor adjustment shall authorize the violation of any of the requirements set forth in Subsection E of this section nor result in:
(1)
Altering the bulk of any one structure or altering the bulk of a
number of similar structures by more than 5%.
(2)
Altering the location of any one structure by more than 10 feet or
0.1% of the distance shown on the plat between such structure or structures
and any other structure or any vehicular circulation element or any
boundary of the cluster development, whichever is less.
(3)
Altering the boundary of any open space by more than 10 feet.
G.
Such minor adjustments shall be consistent with the intent and purpose
of the Comprehensive Plan, this chapter and the approved cluster development
plat, and shall be the minimum necessary to overcome the particular
difficulty.
H.
Amendments to cluster developments. In addition to the minor adjustments
authorized by above, an approved cluster development may be amended
in the same manner and subject to the same limitations as any other
regulation established by this chapter (except that site plan review
and approval pursuant to this chapter shall be required in connection
with any such proposed amendment).
A.
The provisions of this article shall not be deemed to authorize a
change in the permissible use of such lands as provided elsewhere
in the this chapter applicable to such lands.
C.
Further subdivision of an approved cluster development shall not
be allowed. This shall be indicated on the final subdivision plat.
