Cluster development shall mean a subdivision plat or plats,
approved pursuant to this chapter, in which the subdivision of land
is modified to provide an alternative permitted method for the layout,
configuration and design of lots, buildings and structures, roads,
utility lines and other infrastructure, parks and landscaping, in
order to enhance the natural and scenic qualities of open lands. Private
roads to service clustered lots may be approved as part of the final
plat, and lots along such private roads may be platted as legal lots.
Such private roads must provide adequate access to existing public
roads.
The applicant shall comply with the provisions of this chapter
for the proposed subdivision of land involving cluster development.
Cluster development in the Town of Aurora shall require the final
approval of the Town Board in accordance with this chapter. Approval
will be granted when the Town Board has determined that it will achieve
the intent of these regulations. The Town Board, at its discretion,
may direct an applicant to pursue cluster development if, in the judgment
of the Town, its application will benefit the Town.
A.
A cluster development in the subdivision of land shall result in
a permitted number of building lots or dwelling units which shall
in no case exceed the number which could be permitted if the land
were subdivided into two acre lots.
B.
However, prior to determining the number of dwelling units and/or
building lots, the parcel to be developed shall be adjusted as follows:
(1)
Lands utilized by public utilities or structures or recorded easements
of right-of-way shall be subtracted from the total gross area.
(2)
Water bodies, marsh areas, designated wetlands, woodlands, gorges,
rock outcroppings, caverns, poorly drained, unstable soils and floodplains
shall be subtracted from the total gross area.
C.
The adjusted gross area of the parcel shall then be used to compute
maximum number of dwelling units and/or building lots permitted.
D.
Overall, the minimum amount of open space preservation shall be no
less than 50% of the gross acreage of the parcel or parcels to be
developed.
The plat plan showing such cluster development shall include
areas within which structures may be located, the height and spacing
of buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces, streets, driveways and any other features
required of the codes of the Town. In the case of a residential plat
or plats, the dwelling units permitted may be, at the discretion of
the Town Board, detached, semidetached, attached or multistory structures.
The approval of subdivision plats with cluster development shall
be in accordance with all applicable provisions of this chapter.
The minimum parcel size to be considered for cluster development
shall be 15 acres.
All cluster development shall be served by a system of public
utilities, including the water supply systems and central sewage systems,
within an existing or planned municipal system.
A.
Minimum lot size. The minimum lot size may be reduced to no less
than 7,200 square feet, provided that any and all such area that is
not designated to serve as residential areas, roads or other public
purposes be set aside and restricted on the subdivision plat for use
by inhabitants as common open space, parkland or recreational purposes
of an active or passive nature. When the required minimum lot area
has been reduced in accordance with this article, the following yard
requirements will be a minimum:
B.
Minimum habitable floor area. The required minimum habitable floor area shall be the minimum floor area of dwellings determined by Chapter 116, Zoning. The maximum mean height of buildings shall not exceed two stories or 35 feet.
C.
Maintenance of common area.
(1)
Nothing herein shall prevent the Town Board from requiring that 10%
or more of the entire subdivision be set aside for park and recreational
purposes as common area, which area shall be separate and distinct
from any lots within the subdivision intended for dwellings. Such
areas shall not include the area or areas which are set aside for
detention ponds.
(2)
Provisions, satisfactory in the sole discretion of the Town Board,
shall be made to assure the proper maintenance of all nonpublic areas
and facilities for the common use of occupants of any cluster housing
development of any type without expense to the general taxpayers of
the Town of Aurora. The instrument incorporating provisions for the
proper maintenance of all nonpublic areas and facilities for the common
use of occupants of any cluster development shall be approved by the
Town Attorney of the Town of Aurora as to form and legal sufficiency
before any approval action is taken by the Town Board.
D.
Parking, roads, yards, screening and buffering. In consideration
of the site plan for cluster development, the Town Board shall consider
the following criteria:
(1)
Yard requirements and proposed screening of parking and active recreation
areas from adjacent property lines.
(2)
Sufficient off-street parking: a minimum of two car spaces per unit,
not including garage space. Community parking areas may be required
by the Town Board during subdivision review.
(3)
Buffer and screening areas, which shall be landscaped, left in their
natural state, or provided with additional evergreen foliage. Natural
features such as streams, rock outcrops, marshlands, trees and shrubs
shall be preserved and incorporated into the landscaping of the development.
In addition, open vistas visible from existing public roads shall
be preserved.
(4)
Surface water retention facilities shall be developed where required
in order that the rate of stormwater runoff after construction is
no greater than the rate of runoff prior to construction.
(5)
On-site lighting shall be directed downward and shall not reflect
on adjacent properties.
(6)
Private roads shall be built to minimum standards approved by the
Town Board and provided by the Town Engineer.
(7)
Nothing herein shall prevent the Town Board from requiring walkways,
sidewalks and/or trails to be developed in the cluster development
or for connectivity to surrounding areas.
(8)
Other conditions that the Town Board in its sole discretion determines
to be appropriate for the specific development.
E.
Variances and modifications.
(1)
Where the Town Board finds that, because of unusual circumstances of shape, topography or other physical features of the land or because of the nature of the adjacent developments, extraordinary hardships may result from the strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that no such variation shall be granted that will have the effect of nullifying the intent and the purpose of any Comprehensive Plan; Chapter 116, Zoning; or any other law or ordinance of the Town of Aurora.
(2)
In granting variances and modifications, the Town Board may require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements so varied or modified.
