Village of Livonia, NY Residential Cluster Developments

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Intent. The purpose of this development approach is to promote neighborhood residential development which offers variety in lot size, configuration, topography and affordability. This development alternative shall result in design and development which promotes the most appropriate use of the land, facilitates the adequate and economical provision of streets and utilities and preserves the natural and scenic qualities of open land.

Authority. Authorization is hereby granted to the Joint Planning Board, pursuant to § 278 of the Town Law and § 7-738 of the Village Law, to vary the zoning requirements as to lot size, lot width and setback requirements in connection with a proposed subdivision plat, subject to the standards and procedures contained herein. Such variations shall result in cluster developments. The Joint Planning Board is further authorized under appropriate Town and Village Law to require the use of the cluster development concept.

Applicability. This authorization shall be applicable to MU and NR Districts within Livonia and shall be used only when the Joint Planning Board determines that its use will benefit the community.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permitted use. The permitted uses within a cluster development shall be the same as those otherwise permitted in the zoning district in which it is located.

Development standards and controls. Except as specified herein, all development standards and controls normally applicable to other residential subdivisions and uses shall be applicable to a cluster development.

(1)

Density. The maximum permitted density within a cluster development shall not exceed the number of units that would be achieved within a conventional subdivision on the same parcel(s). A cluster subdivision shall include a minimum of five lots.

(2)

A cluster development shall be oriented toward an identifiable feature which all residential units share in common. (See Attachment 1.[2]) Neighborhood identity may be established by one or more of the following features:

(a)

Scenic viewshed. The lots of a neighborhood may be arranged such that a majority of the principal structures will take visual advantage of a field, wetland, woods, lake, stream or other open space which could be described as a scenic viewshed or has been identified in the Comprehensive Plan.

(b)

Physical amenity. The lots of a neighborhood may be arranged such that a majority of the principal structures will face a green, playground, ball field, rock outcropping, stand of trees, public use or other physical feature unique to that particular neighborhood.

(c)

Streetscape. The lots may be arranged such that the principal structures face a street space enhanced with landscaping, street trees, boulevards, medians or other landscaping techniques appropriate to local street design standards.

[2]

Editor's Note: Attachment 1 is included as an attachment to this chapter.

The principal and accessory buildings on private lots and the structures of neighborhood recreation open spaces are encouraged to convey a particular architectural style through the use of similar building components, materials, roof pitches, landscaping and/or other construction techniques.

Public utilities, including water supply and sewage disposal facilities, shall be provided in accordance with all applicable requirements of Livonia Design Criteria and Construction Specifications for Land Development and the New York State Departments of Health and Environmental Conservation.[3]

[3]

Editor's Note: The Design Criteria and Construction Specifications for Land Development are on file in the Building and Zoning Department office.

The maximum permitted height of any structure or dwelling shall not exceed 35 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.

Common open space totaling at least 25% of the total development site shall be provided in perpetuity. At least 10% of the total land area within the cluster development shall consist of common open space which does not lie within the minimum required front, rear and side yards, as specified.

A homeowners' association or similar mechanism for the long-term ownership and maintenance of common open space shall be provided, subject to approval of the Joint Planning Board. Provision, satisfactory to the Municipal Attorney, shall also be made for the long-term ownership and maintenance of roadways, drainageways and other improvement features within the cluster development.

Intersection spacing in a cluster development shall be in accordance with the access management standards of Article XV.