[Added 5-14-2013 by L.L. No. 2-2013]
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 and to thereby maintain the rural quality of the community.
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, agricultural land, waterfront or other significant
features. It may also include an important view or aesthetic/scenic
component of the Town, or help to preserve the rural character of
the community. 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
field.
Pursuant to the provisions of Town Law § 278, the Town Board of the Town of Somerset does hereby authorize the Planning Board of the Town of Somerset to approve a cluster residential development simultaneously with the approval of a plat or plats. Approval of cluster developments shall be subject to the conditions set forth in this article and in Town Law § 278, and the subdivision approval process set forth in the Code of the Town of Somerset, Chapter 171.
In addition to provisions of Town Law § 278, the provisions
set forth in this chapter shall be followed in reviewing applications
for cluster development. Whenever the provisions of this chapter are
more restrictive than, or contain additional requirements to, § 278,
the provisions of this chapter shall prevail.
A.
CLUSTER RESIDENTIAL DEVELOPMENT
As used in this section, the following terms shall have the meanings
indicated:
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, while
maintaining the same density of use within such plat as would otherwise
be allowed in the relevant district(s).
B.
Cluster residential developments may be allowed in the following
districts: A, RLS, R-1, R-2 and PUD.
C.
Cluster residential development shall not be a use allowed by right.
It may be allowed at the discretion of the Planning Board. The procedure
set forth herein and the authorization of cluster development may
be followed and allowed at the discretion of the Planning Board if,
and in the Planning Board's judgment, its application would benefit
the Town, meet the Town's goals, and the objectives and the purposes
of this article.
A cluster residential development shall result in a permitted
number of building lots 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 with the
minimum lot size and density requirements of the Zoning Law of the
Town of Somerset applicable to the district or districts in which
such land is situated and conforming to all other applicable requirements.
Where the plat falls within two or more contiguous districts, the
Planning Board may approve a cluster development representing the
cumulative density as derived from the summing of all units allowed
in all such districts, and may authorize actual construction to take
place in all or any portion of one or more such districts.
The Planning Board, as a condition of plat approval, shall establish
such conditions on the ownership, use and maintenance of such open
lands shown on the plat as it deems necessary to assure and preserve
the natural and scenic qualities of such open lands, such as deed
restrictions on development, conservation easements, or the like.
The filed plat shall clearly indicate that no further development
shall be permitted in the open lands.
The plat showing such cluster residential development shall
depict the areas within which structures may be located with building
footprints, the height and spacing of buildings, open spaces, and
their landscaping, off-street open and enclosed parking spaces, streets,
driveways, and any other features required by the Planning Board.
At the time of submission of the sketch or concept plan, or
in the event that the developer elects to submit a preliminary plan,
at the same time of such submission, two plans shall be submitted,
with one layout designating the layout of a standard subdivision in
the underlying district and the second layout showing the proposed
cluster residential development. Each lot in the standard subdivision
layout shall meet the minimal lot size and lot width requirements
of the Zoning Law of the Town of Somerset for the district in which
the property is located. The standard subdivision layout shall be
utilized by the Planning Board to determine the maximum density for
the cluster residential development.
A.
The standard subdivision layout required to determine the proper
density for a cluster development shall be in all respects consistent
with federal, state and Town laws, including, but not limited to,
laws regulating:
B.
A specification sheet shall be attached showing all calculations
used to arrive at density and open space.
C.
Based on this submission and other required information and information
requested by the Planning Board, the Planning Board shall determine
whether to allow the applicant to proceed with a cluster development
or deny its usage.
Areas which would not be available for construction on standard
layout, in the judgment of the Planning Board, must be preserved as
open space on the standard subdivision plan, including but not limited
to:
A.
Portions required or set aside for drainage basins or drainage purposes;
B.
All streets and rights-of-way (public or private);
C.
Major utility easements; and
D.
Portions of the developed area which are not available for building
because of slopes, soil conditions, or other conditions rendering
the area not suitable for development.
In addition to the above, cluster residential developments shall
meet the following criteria:
A.
Streets, private driveways and rights-of-way providing access to
individual residences shall be shown and shall be of sufficient design
and construction to permit access by emergency vehicles;
B.
If any dwelling unit is not to have access by way of a street or
highway (i.e., by way of private driveway, right-of-way, or easement),
designation of the cluster residential development as an open development
area by resolution of the Town Board pursuant to Town Law § 280-a
shall be required;
C.
No structure in a cluster development shall be closer to a preexisting
street or highway than a structure in a standard subdivision;
D.
All structures shall be set back sufficiently from the street or
highway to accommodate all necessary public and private utilities
and easements; and
E.
Individual lot size shall not be less than 6,000 square feet if public
sewer is available or, where public sewer is not available, lot size
shall not be less than 20,000 square feet or the minimum size required
by the Niagara County Health Department for septic system design approval,
whichever is greater.
A.
In reviewing proposed cluster developments, the Planning Board shall
evaluate subdivision layout with respect to scenic views, natural
landscape features, topography of the site, woodlands, wetlands, other
features of the site, and other adjacent areas, and shall require
development in a fashion or manner which it finds will enhance and
preserve such features, including but not limited to:
(1)
Lands adjacent to or linking with existing parks and publicly
accessible open spaces along the waterfront and important creeks within
the Town;
(2)
Lands adjacent to other dedicated open space areas on adjacent
parcels;
(3)
Buffer lands between adjacent active agricultural uses and residential
development;
(4)
Trail networks which meet Town of Somerset open space goals.
B.
In addition, the Planning Board may require additional amenities,
enhancement of, changes to configuration of, and location of open
space, to enhance the benefits to the residents and/or the Town derived
from the cluster residential development. Failure or refusal to include
such requirements shall result in disapproval of the proposed plan.
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 Zoning Law of the Town of Somerset applicable to such lands.
B.
Nothing herein shall supersede any requirements of the subdivision
regulations in effect, which may impose additional requirements for
approval of the proposed subdivision.
C.
Further subdivision of an approved cluster residential development
shall not be allowed. This shall be indicated on the final subdivision
plat.
Applicants for cluster residential development approval are
referred to the Rural Development Guidelines published by the Dutchess
County Department of Planning and Development, dated October 1994,
copies of which may be obtained from the Town of Somerset Town Clerk.
