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.
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;[1]
(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.
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.