A.
It is the intent and purpose of cluster development, as set forth
in § 278 of the Town Law, to provide for innovative and
creative land use through more flexible design regulations permitting
the clustering in planned residential communities of single-family,
two-family and multifamily dwellings in such a fashion as to foster
the creation of community parks and/or open space in an effort to
preserve trees, vegetation and outstanding natural topography and
to permit more efficient layout of streets, roads and utilities while
at the same time maintaining the same use and overall density requirements
of the zoning district in which the proposed cluster development is
located.
B.
Wherever, in Residential (R-1), Marine Residential (MR) and/or Agricultural and Rural Residential (AR) zoning districts, the Planning Board deems cluster development to be appropriate, it may, in accordance with the provisions of § 278 of the Town Law, review a proposed cluster development and authorize a specific cluster development plan as part of its authority to review and approve subdivision plats, subject to the following criteria. The Planning Board, in reviewing proposed cluster developments, is empowered to modify dimensional (area) conditions and, where necessary, setback requirements between units as set forth in Chapter 235, Zoning; overall land density and use established for the zoning district in which the proposed cluster development is to be located may not be modified.
A.
Location. Cluster developments shall be permitted only in the Residential
(R-1), Marine Residential (MR) and Agricultural and Rural Residential
(AR) zoning districts where the applicant can demonstrate that the
proposed cluster development will meet the objectives of this section
and the Planning Board is of the opinion that the proposed project
would benefit the Town of Clayton.
B.
Density of use.
(1)
Such density, as set forth in Chapter 235, Zoning, varies between zoning districts and within zoning districts, depending upon the availability of community water supply and sewage disposal and in the AR district, between one- and two-family dwellings and multifamily dwellings. These densities, in terms of area per family units, are as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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Minimum Land Area Per Dwelling Unit
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|---|---|---|---|
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Zoning Districts
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R-1 and MR
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AR
(Permitted Use)
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|
1- and 2-Family
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Multifamily
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Except for Multifamily
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Individual wells and septic
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30,000 square feet
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20,000 square feet/EDU
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40,000 square feet
|
|
Community water and septic
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15,000 square feet
|
8,500 square feet/EDU
|
15,000 square feet
|
(2)
If a proposed cluster development project falls within two or more
districts with differing density requirements, the Planning Board
may approve in any one such district a cluster development representing
the cumulative density as derived from the summing of all units allowed
in all such districts.
C.
Permitted uses. The following residential and accessory uses shall
be permitted in a cluster development:
(1)
Residential (R-1) and Marine Residential (MR) Districts. Single-family
dwellings and the permitted accessory uses shall be limited to community
parks, swimming pools, recreation areas, gazebos, decks, garages and
carports and, in MR only, community and/or private docks.
(2)
Agricultural and Rural Residential (AR) District. Single-family,
two-family and multifamily dwellings and the accessory uses, as listed
above for the R-1 and MR Districts.
D.
Land available for park, recreation, open space or other municipal
purposes:
(1)
In the event that a cluster development project results in a plat
showing lands available for park, recreation, open space or other
municipal purposes directly related to the plat, then the Planning
Board, as a condition of plat approval may establish such conditions
on ownership, use, maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purpose.
Hereafter, the pooled land that is created in the platting of a cluster
development and available for park, recreation, open space, etc.,
shall be referred to as "common land."
(2)
Ownership, use and maintenance of common land shown on the plat of
a cluster development shall be accomplished by the following means
and/or requirements:
(a)
Ownership.
[1]
Homeowners' association (HOA). The covenants and organizational
documents thereof shall include the following conditions:
[a]
HOA membership shall be mandatory for each property
owner, initial and successive;
[b]
Each HOA member must agree to pay a yearly assessment
fee representing a pro rata share of the costs related to insurance,
taxes, maintenance of the common land, other facilities and private
road(s), etc., and the HOA shall be responsible for seeing that all
such items are paid for in a timely manner;
[c]
The yearly assessment levied by the HOA on each
member must be able to become a lien on their property, if remaining
unpaid;
[d]
The terms of HOA membership and/or property ownership
must allow the real property taxing authorities to satisfy property
tax claims against the common land by proceeding against individual
property owners and the dwelling units they each own;
[e]
The common land, whether designated for park, recreation,
open space or other municipal purpose, shall be preserved in perpetuity;
or
[2]
The common land may be dedicated to the Town, with prior approval
by the Town Board; or
[3]
The common land may be transferred to a nonprofit (conservation)
organization under terms acceptable to the Planning Board; or
[4]
The common land may be held in private ownership or in such
other form of ownership, the terms of which the Planning Board finds
are adequate and appropriate to fulfill the purpose(s) set forth in
§ 278, Subdivision 2(b), of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Maintenance.
[1]
Progressive maintenance standards shall be established to assure
that the common land does not detract from the character of the neighborhood.
[2]
Such maintenance standards shall be enforceable by the Town
against the owner(s) of the common land; if lack of such maintenance
results in the creation of public nuisance the Town may, upon 30 days'
written notice to the owner(s), enter the premises for necessary maintenance
and the cost of such maintenance shall be assessed ratably against
the owner(s), or, in the case of an HOA, the owners of properties
within the development, and shall, if unpaid, become a tax lien on
said properties.
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NOTE: The Planning Board may require that any open space area
within the common land associated with a cluster development subdivision
be protected, in perpetuity, by a conservation easement (NOTE: Pursuant
to § 247 of General Municipal Law and/or §§ 49-0301
through 49-0311 of the Environmental Conservation Law) and the use(s)
of the open space(s) limited to passive recreation to assure that
any negative impact on the conservation value, of the natural resource
being protected, are minimal. Such an easement shall be granted to
the Town with the prior approval of the Town Board, or to a qualified
not-for-profit conservation organization with adequate endowment for
maintenance, acceptable to the Planning Board. Such an easement shall
be reviewed by the Planning Board and be required as a condition of
final plat approval. The Planning Board may also require that such
an easement be enforceable by the Town, if the Town is not the holder
of the easement. Any such conservation easement shall be required
to be recorded in the Jefferson County Clerk's Office prior to
or simultaneously with the filing of the final subdivision plat of
the cluster housing development.
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E.
Site plan and public hearing.
(1)
The proposed site plan, including areas in which structures may be
located, the height and spacing of buildings, open spaces and their
landscaping, if any, off-street open and/or enclosed parking spaces,
and streets, driveways and all physical features shown on said plan,
accompanied by a statement setting forth the nature of any modifications
of existing zoning provisions shall be subject to review at a public
hearing that will be scheduled and held within 62 days from the receipt
of a complete cluster development application by the Clerk of the
Planning Board.
F.
Final plat. Common land created in platting of a cluster development
must be clearly labelled on the final plat thereof as to its use(s),
management and method of preservation; such information shall state
that the common land is permanently preserved for only the uses stated
and shall not be platted for building lots and shall indicate liber
and page of any conservation easements or deed restrictions required
to be filed to implement such reservations.
