Developments which provide for single-family dwelling units and permitted accessory uses, wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural character of the site, shall be designated as "cluster development." Cluster developments shall be permitted in the DR, CAL-R-1, R-1, RU and PUD Districts, shall be considered a special use, and shall be subject to site plan review. The Town of Delaware Planning Board shall have the authority, as provided in § 278 of the New York State Town Law, to approve or deny plans for cluster developments in accord with the standards contained in this chapter and in Chapter
186, Subdivision of Land.
A. Applications. Cluster development applications shall be processed concurrently with the subdivision approval procedures set forth in the Town of Delaware Subdivision Regulations in Chapter
186 of this Code, and all applicable development requirements of the subdivision regulations shall apply.
B. Minimum parcel size. A minimum parcel size of five acres shall be
required, and all lands, including open space, proposed for a cluster
development shall be contiguous.
C. Individual lot size. The size of individual building lots may be
reduced to the following minimum size:
(1) Lots in the DR and RU Districts.
(a)
Forty thousand square feet if served with on-site water supply
or on-site sewage disposal.
(b)
Ten thousand square feet if served by central water supply and
central sewage disposal.
(2) Lots in the CAL-R-1, R-1 and PUD Districts: 10,000 square feet and
central water supply and central sewage disposal are required.
D. Density. The overall density on the parcel shall be maintained as
required by this chapter. The total number of individual building
lots permitted on the project parcel shall be determined in one of
the following two methods:
(1) Demonstration plan method. The number of cluster lots permitted shall be the same as the total number of buildable lots permitted in a normal (i.e., noncluster) subdivision of the same parcel. In order to determine the number of cluster lots permitted, the applicant shall submit a subdivision plan for the parcel as if it were to be developed in accord with all the standards and requirements in this chapter and Chapter
186, Subdivision of Land, for a normal (i.e., noncluster) residential subdivision served by the designated type of water supply and a sewage disposal system. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot which, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices shall not be considered a "buildable lot" for the purposes of this §
220-36, and such determination shall be made by the Planning Board.
(2) Calculation method. The total number of dwelling units permitted
shall be determined after deducting:
(a)
Land contained within public rights-of-way;
(b)
Land contained within the rights-of-way of existing or proposed
private streets and parking areas (where formal rights-of-way are
not involved, the width of the street shall be assumed as 50 feet
wide);
(c)
Land contained within the boundaries of easements previously
granted to public utility corporations providing electrical or telephone
service; and any petroleum products pipeline and railroad rights-of-way;
(d)
The area of water bodies, including lakes, ponds and streams
(measured to the normal high-water mark on each side); 50% of wetland
areas; quarries; 50% of areas with slope in excess of 24%; and areas
used for improvements, from the total area of the project parcel and
applying the density as required for the district based on the type
of water supply and sewage disposal. For example, for a cluster development
in the RU District with central water supply and central sewage disposal,
the density would be based on one unit per 40,000 square feet of adjusted
land area.
(3) Crossing zoning district boundaries. In cases where the proposed cluster development falls within two or more zoning districts with differing density requirements, the Planning Board may approve in any one such zoning district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts as determined in accord with this §
220-36.
E. General planning criteria.
(1) Preserve natural site features. Individual lots, buildings, streets,
parking areas and other improvements shall be designed and situated
to minimize alteration of the natural site features.
(2) Open space. Cluster open space shall include irreplaceable natural
features located in the tract (such as, but not limited to, water
bodies, significant stands of trees, individual trees of significant
size, and rock outcroppings).
(3) Visual impacts. Individual lots, buildings and units shall be arranged
and situated to relate to surrounding properties, to improve the view
from and the view of buildings, to lessen area devoted to motor vehicle
access, and to reduce visual impacts to adjoining properties and public
roads.
(4) Cluster design. Diversity and originality in lot layout shall be
encouraged to achieve the best possible relationship between development
and the land.
F. Open space. Open space shall be provided in accord with this §
220-36F and §
220-42 of this chapter.
(1) Characteristics. All areas of a cluster development not conveyed
to individual lot owners and not occupied by required or proposed
development improvements shall be dedicated in perpetuity as permanent
open space to be used for the sole benefit and enjoyment of the residents
of the development.
(a)
A minimum of 25% of the gross area of the project parcel shall
remain as open space, and the location and configuration of the open
space shall be suitable for recreation purposes and shall be approved
by the Township.
(b)
Open space areas shall be part of the project parcel and shall
be contiguous.
(c)
At least 50% of the open space shall be usable for active recreation
purposes and shall not include wetlands, quarries, slopes in excess
of 24%, or otherwise unusable areas.
(2) Dedication and ownership. Land designated as open space shall be
maintained as open space and shall not be used to meet open space
or recreation area requirements for other developments. The open space
resulting from clustering of dwelling units shall be titled to a property
owners' or homeowners' association (POA) prior to the sale of any
lots or dwelling units by the developer.
(a)
Membership shall be mandatory for each property owner within
the development.
(b)
All restrictions on the ownership, use and maintenance of common
open space shall be permanent, and the POA shall be responsible for
liability insurance, local taxes and maintenance of all open space,
recreational facilities and other commonly held amenities.
(c)
Each property owner must be required to pay his proportionate
share of the POA's cost, and the POA shall have the authority
to file liens on the lot/unit owner's property if levied assessments
are not paid.
(d)
The POA must also have the ability to adjust the assessment
to meet changing needs for operation and maintenance of open space
and improvements.
G. Bulk requirements. Bulk requirements shall be as follows:
(1) Ten-thousand-square-foot minimum size lots.
(a)
Minimum lot width: 70 feet.
(b)
Minimum lot depth: 100 feet.
(c)
Maximum lot coverage: 35%.
(2) Forty-thousand-square-foot minimum size lots.
(a)
Minimum lot width: 150 feet.
(b)
Minimum lot depth: 150 feet.
(c)
Maximum lot coverage: 25%.
H. Water supply. All lots in the cluster development shall be provided
with an adequate water supply. Any lots which are less than 40,000
square feet in size shall be served by a central water supply system.
Lots of 40,000 square feet or more in size may be served by on-site
wells.
I. Sewage disposal. All lots in the cluster development shall be provided
with adequate sewage disposal. Any lots which are less than 40,000
square feet in size shall be served by a central sewage disposal system.
Lots of 40,000 square feet or more in size may be served by on-site
sewage disposal systems.
J. Access. The development shall be served by only one access to any
public highway, unless topography or other physical features dictate
the use of more than one access for safety reasons.
K. Lot access. Access for individual building lots shall be provided
by development roads only, and no individual driveways shall be permitted
to encroach upon any public road right-of-way.
L. Buffer. A buffer area of 50 feet shall be maintained between individual
building lots and exterior property lines and/or any public road right-of-way.
Multiple dwelling projects are permitted as special uses in the R-1, CAL-R-1, B-1, Cal-B-1 and PUD Districts and shall be subject to the provisions of this chapter and shall also be considered major subdivisions subject to the jurisdiction of the Town of Delaware Subdivision Regulations, Chapter
186 of this Code. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development or conveyance of land or buildings involved, and the approvals required shall be requested and acted upon concurrently as one subdivision.
A. Application submission. The applicant shall submit all information required by Chapter
186, Subdivision of Land, and the following additional information:
(1) Application. An application for multifamily dwelling special use
approval on a form to be supplied by the Town or, in the absence of
such form, by a letter or brief from the applicant or his or her representative,
indicating how the development will specifically comply with or meet
the special use and site plan review criteria contained in this chapter.
(2) Lot plan. A proposed lot plan showing, in addition to the information required by Chapter
186, Subdivision of Land, the following:
(a)
Approximate (generally within five feet) location of all buildings
and improvements, including parking areas, planting strips (if any),
signs, storm drainage facilities, water supply and distribution system,
sewage treatment and collection systems.
(b)
The specific areas provided as open space in connection with
the requirements of this chapter.
(c)
Building layouts, floor plans and profiles shall also be provided,
indicating building dimensions, numbers and size of units, common
ownership or use areas (apart from the open space referenced below),
lighting and such other information as shall be required to determine
compliance with the design standards contained herein. (NOTE: Compliance
with New York State Building Codes shall be determined by the Town
Building Inspector as part of the building permit process.)
(d)
Setbacks from property lines, improvements and other buildings.
(3) Property owners' association and open space. In the case of projects involving the sale of interests in the project (as opposed to rentals), a plan submitted in accord with §
220-42 of this chapter shall be submitted for the purpose of dedicating the exclusive use and/or ownership of the recreation area and open space required by this chapter to the dwelling owners or occupants. Land designated as open space shall be maintained as open space and shall not be used to meet open space or recreation area requirements for other developments.
(a)
Membership in the POA shall be mandatory for each property owner
within the development.
(b)
All restrictions on the ownership, use and maintenance of common
open space shall be permanent, and the POA shall be responsible for
liability insurance, local taxes and maintenance of all open space,
recreational facilities and other commonly held amenities.
(c)
Each property owner must be required to pay his proportionate
share of the POA's cost, and the POA shall have the authority
to file liens on the unit owner's property if levied assessments
are not paid.
(d)
The POA must also have the ability to adjust the assessment
to meet changing needs for operation and maintenance of open space
and improvements.
(4) Building permit application. A completed building permit application
on forms to be supplied by the Town. A copy of the completed application
shall also be filed with the Building Inspector, who shall collect
any fees connected with that application at the time the special use
is granted.
B. Procedure. The application package shall be processed on a schedule identical with requirements for review and approval of other preliminary plans in accord with Chapter
186, Subdivision of Land. The Planning Board shall act on the preliminary plan and special use/site plan application concurrently, and if approval is granted, the approval shall be valid for a period equal to that for preliminary plan approval.
(1) Public hearing. The Town Planning Board, before taking action, shall also hold a public hearing pursuant to the requirements of Chapter
186, Subdivision of Land, and the special use/site plan requirements of this chapter.
(2) New York State Department of Health. Plan approval, if such approval
is granted, shall be subject to approval by the New York State Department
of Health if the same shall be required.
(3) Building permits. No building permit shall be issued to the applicant
until all conditions attached to the approval of any preliminary plan
shall have been satisfied, and nothing herein shall be construed as
permitting the issuance of a building permit prior to preliminary
plan approval. If the preliminary plan shall be rejected, no building
permit shall be issued.
(4) Completion of improvements. Following preliminary plan approval, the applicant shall, in accord with Chapter
186, Subdivision of Land, provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Complete building plans shall also be submitted as part of the final plan application. Final plan approval may be granted if a guarantee for improvements is provided to the satisfaction of the Town pursuant to the applicable provisions of Chapter
186, Subdivision of Land.
(5) Certificate of occupancy. No certificate of occupancy shall, however,
be issued until such time as:
(a)
Final plan approval shall have been granted in accordance with the procedures and informational requirements of Chapter
186, Subdivision of Land; and
(b)
Buildings have been completed and inspected by the Building
Inspector.
(6) Sale of land and buildings. No person shall sell, transfer or lease
any land and/or buildings or interests in the individual dwelling
units to be created unless and until final plan approval shall have
been granted and the plan has been recorded in the County Clerk's
office. Nothing herein shall preclude agreements of sale or the taking
of deposits consistent with New York State law.
C. Density. Multiple dwelling density in the R-1 and CAL-R-1 Districts
shall not exceed the number of dwelling units per acre which would
be permitted within the zoning district if the parcel on which the
units are to be constructed were to be developed for single-family
residential use. In the case of the B-1 and CAL-B-1 Districts, the
total number of dwelling units permitted shall be determined after
deducting:
(1) Land contained within public rights-of-way;
(2) Land contained within the rights-of-way of existing or proposed private
streets and parking areas (where formal rights-of-way are not involved,
the width of the street shall be assumed as 50 feet wide);
(3) Land contained within the boundaries of easements previously granted
to public utility corporations providing electrical or telephone service;
and any petroleum products pipeline and railroad rights-of-way;
(4) The area of water bodies, including lakes, ponds and streams (measured
to the normal high-water mark on each side); 50% of wetland areas;
quarries; 50% of areas with slope in excess of 24%; and areas used
for improvements, from the total area of the project parcel and applying
the following density factors to the adjusted land area:
|
Zoning District
|
Lot Area Per Unit
(square feet)
|
---|
|
R-1
|
20,000
|
|
CAL-R-1
|
20,000
|
|
B-1
|
5,000
|
|
CAL-B-1
|
7,500
|
|
NOTES: Fractional numbers of units of 0.75 or less shall be
rounded to the next lowest whole number, and units of more than 0.75
shall be rounded to the next highest whole number.
|
D. Water and sewage. All multiple-dwelling developments shall be served
with central sewage disposal facilities and central water supplies.
Effluent disposal areas shall be subject to the setback requirements
applicable to other multiple-dwelling buildings and improvements.
E. General planning criteria.
(1) Natural site features. Buildings, streets, parking areas and other
improvements shall be designed and situated to minimize alteration
of the natural site features.
(2) Open space. Open space shall include irreplaceable natural features
located in the tract (such as, but not limited to, water bodies, significant
stands of trees, individual trees of significant size, and rock outcroppings).
(3) Visual impacts. Buildings shall be arranged and situated to relate
to surrounding properties, to improve the view from and the view of
buildings, to lessen area devoted to motor vehicle access, and to
reduce visual impacts to adjoining properties and public roads.
(4) Development design. Diversity and originality in development layout
shall be encouraged to achieve the best possible relationship between
development and the land.
F. Design criteria. The following design criteria shall apply to multiple-dwelling
developments:
(1) There shall be no more than 10 dwellings in each multiple-dwelling
building.
(2) No structure shall be constructed within 40 feet of the edge of the
right-of-way of any road through the development.
(3) Roads shall comply with minor street requirements as specified in Chapter
186, Subdivision of Land, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.
(4) The development shall be served by only one access to any public
highway, unless topography or other physical features dictate the
use of more than one access for safety reasons.
(5) Parking shall comply with the standards of this chapter, excepting
that, in addition to the normal required spaces per unit, there shall
be specifically provided, for every two units intended for rental
or other transient occupancy, one additional space to accommodate
parking needs during sales and other peak visitation periods.
(6) No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row, without being interrupted by landscaping.
All off-street parking shall be adequately lighted and also arranged
as to direct light away from residences.
(7) No structure shall be erected within a distance equal to its own
height of any other structure.
(8) All multiple-dwelling structures shall be a minimum of 50 feet from
any of the exterior property or boundary lines of the particular project
involved and 30 feet from any public right-of-way. In the case of
multiple dwellings in the B-1 and CAL-B-1 Districts, the yard requirements
for the district shall apply.
(9) Where a property line is not wooded, a planting strip/buffer of up
to 50 feet in width or a privacy fence may be required to buffer adjoining
property owners and ensure privacy. A landscaping plan may be required
by the Planning Board.
G. Nonresidential use. Nonresidential uses shall not be permitted in
a multiple-dwelling development unless planned as part of a planned
unit development. This, however, shall not preclude such ancillary
facilities as laundry areas, service buildings, recreational facilities,
and the like.
H. Conversions of existing structures. See §
220-41 of this chapter. Conversions of motels, hotels or other existing structures to multiple-dwelling projects, regardless whether such conversions involve structural alterations, shall be subject to the provisions of this §
220-37. If the proposed project does involve structural alterations, the preliminary plan shall include a certification of a registered architect or a registered engineer to the effect that the existing building is structurally sound and that the conversion will not impair its structural soundness.
All mobile homes and mobile home parks shall comply with Chapter
154, Mobile Homes, of the Code of the Town of Delaware; Chapter
110, Campgrounds and Recreational Vehicle Parks, of the Code of the Town of Delaware; and no mobile home shall be permitted which is not placed on a permanent foundation as required therein.
Any conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall, in addition to the other applicable standards in this chapter, comply with the standards in this §
220-41. See §
220-30A for the DR District.
A. General requirements. The conversion of any building (existing at
the time of adoption of this provision of this chapter) into a dwelling
or the conversion of any dwelling (existing at the time of adoption
of this provision of this chapter) so as to accommodate an increased
number of dwelling units or families shall be permitted only within
a zoning district in which a new building for similar occupancy would
be permitted under this chapter and only when the resulting occupancy
will comply with the requirements governing new construction in such
district with respect to lot coverage, off-street parking, and other
applicable standards.
B. Lot size.
(1) Two-family dwellings. The parcel on which the principal structure
proposed for conversion is located shall not be less than the minimum
lot size required for a single-family dwelling as set forth on the
Schedule of District Regulations.
(2) Multiple dwellings. Conversions to multiple dwellings shall comply with all requirements of §
220-37 of this chapter.
C. Structural alterations. If the proposed project involves structural
alterations, the zoning application shall include a certification
of a registered architect or engineer that the existing building is
structurally sound and that the proposed conversion will not impair
its structural integrity.
D. Sewage disposal. Sewage disposal shall be provided in accord with
New York Department of Health and all other applicable sewage disposal
requirements for the proposed number of units. In the case where the
use of an existing on-site sewage disposal system is proposed, the
applicant shall provide certification from a professional engineer
of the adequacy and compliance of said system.
This §
220-42 shall apply to any development which involves the ownership and maintenance of open land, recreation land or common facilities (referred to as "common area"), as required by this chapter and Chapter
186, Subdivision of Land.
A. Purpose. The requirements of this §
220-42 are intended to assure the ownership, use and maintenance of common areas. The general principle shall be to assign ownership and maintenance responsibility to that entity which is best suited for the same and which will allocate any associated costs to the individuals which directly benefit from the use of the common area.
B. Plan and legal documents. The developer shall submit a plan and proposed
legal documents for the purpose of dedicating the use, ownership and
maintenance of the approved common area. In the case of a PUD District,
the Plan shall address individual residential project density, overall
PUD density and nonresidential uses. The provisions of the approved
plan shall be incorporated into the approval of development projects
in the PUD.
C. Use restriction. The use of any common area shall be limited to those uses which are specifically permitted or required by the applicable sections of this chapter and Chapter
186, Subdivision of Land.
D. Development plan designations. The final development plan for any
project shall clearly show all common areas and specifically note
the use, ownership and maintenance responsibility of the same. Reference
to the legal document(s) governing the use, ownership and maintenance
of common areas shall be noted on the plan. The plan shall also contain
the following statement: "Open land, recreation land and common facilities
associated with residential development shall not be further subdivided
or developed, nor shall such land be used for density for any other
development." In the case where a plat will be filed to effect a subdivision
of land (e.g., cluster developments, condominiums), the development
plan shall be attached to and shall be filed as part of the plat in
the County Clerk's office.
E. Methods for use dedication and common area ownership and maintenance. The developer shall document that the common area use rights established in accord with this §
220-42 will be preserved and the ongoing ownership and maintenance of all open land, recreation land, and common facilities is addressed. All methods for dedication of use and common area ownership and maintenance, and any combination of methods, and any change in method which may be proposed by the ownership and maintenance entity shall be subject to the approval of the Planning Board. Operation and maintenance provisions shall include, but not be limited to, capital budgeting for repair and/or replacement of common facilities, working capital, operating expenses, casualty and liability insurance, and contingencies.