A cluster development shall comply with the general standards
prescribed in this chapter except as permitted otherwise by this article.
The designated approval authority may approve an application
for a cluster development that includes the following deviations from
the Zoning Law for any one of the following purposes:
A. To permit any type of residential use to encourage creative and flexible
site design, promote cost savings in infrastructure installation and
maintenance but also to help preserve open space.
B. To eliminate side and rear yard requirements to allow for innovative
attached housing types (e.g., townhouses).
C. To reduce front and/or side and/or rear yard requirements for existing
buildings and/or structures on the site of a final plat where, in
unique and special circumstances, it will result in the more efficient
use of land.
D. To reduce frontages to allow culs-de-sac or other innovative road
types but such frontages shall not be less than 75 feet.
E. To reduce lot areas and/or lot widths and/or lot depths and/or lot
frontages to accomplish a cluster development.
F. Building coverage, floor area ratios, building height, and parking
requirements for the applicable zoning district, which is prescribed
by the Zoning Law, shall apply to the cluster development. However, the building
coverage, floor area ratios and parking requirements shall be applied
to the entire cluster development rather than to any individual lot
to encourage creative and flexible site design but also to help preserve
open space.
G. To allow more than one principal use to be located on a lot to allow
for innovative attached housing types (e.g., townhouses).
The area, configuration, location, ownership, use and maintenance
of open spaces created by a cluster development shall be subject to
review and approval of the designated approval authority.
A. Allowable uses. Open space may be used for any of the following:
(1) Conservation of land in its natural state.
(2) Easements for drainage, access, public sewer or waterlines, or other
public purposes.
(3) Farm operations that shall include any associated agricultural support
buildings (e.g., dairy barns, hay barns, milk parlor, silos, etc.).
(4) Recreational uses, whether active or passive in nature.
(5) Stormwater management facilities and wastewater disposal systems
located on soils particularly suited to such uses.
(6) Any other uses allowed by the designated approval authority.
B. Minimum area. The area of the open space shall not be less than 20%
of the total area of the cluster development.
C. Protection of open space. If open space is not dedicated to the Town,
County, NYS or federal government, it shall be protected by legal
arrangements, satisfactory to the Town Attorney, sufficient to assure
its maintenance and preservation for whatever purpose it is intended.
Covenants or other legal arrangements shall specify ownership of the
open space; method of maintenance; responsibility for maintenance;
maintenance taxes and insurance; compulsory membership and compulsory
assessment provisions; guarantees that any association formed to own
and maintain open space will not be dissolved without the consent
of the Town Board; and any other specifications deemed necessary by
the Town Attorney.
An application for a cluster development shall include the submission
of a sketch plat showing a conventional, unclustered subdivision which
complies with all applicable provisions of the Zoning Law. The purpose of this sketch plat shall be to aid the designated
approval authority in determining the maximum number of dwelling units
and/or lots permissible at a proposed cluster development as allowed
by the Zoning Law. The designated approval authority shall make the
determination of the maximum permissible number of dwelling units
and/or lots permissible at a proposed cluster development as allowed
by the Zoning Law. Lastly, any increase in such number of dwelling
units and/or lots shall require an area variance to be granted by
the designated approval authority as prescribed by the Zoning Law.
Lots, whether created or existing, that are the subject of an
application for a cluster development shall be located wholly in the
Town unless permitted otherwise by the Town Attorney.
A cluster development that contains on-site wastewater treatment
and/or water supply facilities shall include a certification by a
professional engineer that such development is in compliance with
applicable local, state and/or federal laws as it pertains to on-site
wastewater treatment and water supply facilities.
Residential uses, whether accessory or principal in nature,
that are permitted in the applicable zoning district shall be permitted
in a cluster development.
All telephone, natural gas, electric and similar utilities serving
the cluster development shall be located underground.