Village of South Glens Falls, NY Chapter A162 Cluster Policy [1]

[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls 2-4-1998. Amendments noted where applicable.]

GENERAL REFERENCES

Flood damage prevention — See Ch. 73.

Site plan review — See Ch. 119.

Zoning — See Ch. 153.

[1] Editor's Note: Former Ch. A162, Fees, was removed in conjunction with L.L. No. 2-1994, adopted 10-19-1994. See now Ch. 67, Fees.

§ A162-1 Purpose.

A. The purpose of authorizing the use of cluster zoning is to enable and encourage the flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of lands and to reduce potential for disturbance to the capture zone of village springs and deep wells in the ARC-1 Zone consistent with the goals and objectives of the Village's current Comprehensive Plan. The granting of design and development flexibility should promote superior land planning, affording greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure while maximizing the preservation of valuable open space, thereby protecting the Village's aquifer and preserving the natural and scenic qualities of such uses.

B. Specifically, the purposes of cluster development within the Village of South Glens Falls are to:

(1) Promote the most appropriate use of land.

(2) Facilitate the adequate and economical provision of streets and utilities.

(3) Result in improved living and working environments.

(4) Preserve open space and the natural and scenic qualities of open lands, including environmentally sensitive features of development sites.

(5) Preserve significant tracts of forested lands.

(6) Protect floodplains, wetlands, ponds, streams, sole source aquifier and other natural features.

(7) Promote development in harmony with the goals and objectives of the Village Comprehensive Plan.

§ A162-2 Authority.

Authorization is hereby granted to the Village Planning Board, pursuant to § 7-738 of the Village Law, to vary the zoning requirements of this policy simultaneously with the approval of any proposed residential development or subdivision plat within the Village subject to the purpose, standards, procedures and open space requirements set forth in Articles XI and XII of Chapter 153, Zoning, and Ch. 119, Village Site Plan Review. Consistent with the requirements of § 7-738 of the Village Law, the Village Board hereby requires the Village Planning Board to adopt rules and regulations which set forth the criteria pursuant to which such an application may be required.

§ A162-3 Standards.

A. The Planning Board alone shall make the determination whether to use clustering. This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, its application shall benefit the Village.

B. The application of this procedure shall result in a permitted number of building plots or dwelling units which shall in no case exceed the number which would be permitted in the Planning Board's judgment if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district in which such land is situated and conforming to all other applicable requirements.

C. The use of clustering shall be allowed in the ARC-1 Residential Zone located within the Village. The Planning Board, at it discretion, may specify the amount of housing units permitted, provided that the total number of units does not exceed that permitted for the ARC-1 Zone in which the lot is located.

D. Cluster density shall be determined by the Planning Board and shall be based upon § 153-9 of the Village Code.

E. All cluster housing must be compatible with the existing neighborhood character and the community's setting.

F. The variance of zoning requirements by the Planning Board for cluster applications may include lot size, lot depth and other various yard requirements, but not lot width. Lot sizes may be reduced to no less than 13,500 square feet.

G. Building lots and roadways of cluster developments shall not exceed 1/3 of the total site area.

H. The permitted gross building coverage on any cluster development site shall not exceed 40% of the building lots.

[Amended 2-18-1998]

I. A suitable one-hundred-foot vegetative buffer shall be required between all cluster development and neighboring land uses.

J. All cluster applicants are required, prior to the granting of final approval by the Planning Board, to make legal provisions consistent with § A162-5 of this chapter and approval of the Village Board for the future protection/management of the open space resulting from the utilization of cluster zoning.

§ A162-4 Cluster application procedure.

A. The Planning Board shall require the applicant coming before it for site plan review to submit a cluster design subdivision plan in the ARC-1 Residential Zone located within the Village.

B. The submission and review of all cluster zoning applications shall conform to the Village site plan/subdivision review procedures and regulations as well as the requirements of the Village cluster rules and regulations.

C. Prior to the submission of any alternative cluster designed subdivision, all applicants shall submit to the Planning Board at the pre-application stage of subdivision review, the following:

(1) A conventional subdivision sketch plan which establishes, to the satisfaction of the Planning Board, the net buildable area density as specified in § 153-9 of the Village Code.

(2) A copy of a soils map of the proposed site.

(3) Information regarding the current land use of the proposed site and the surrounding area.

(4) Information regarding the availability of public sewer and water services to the proposed site.

D. The applicant shall provide the Planning Board at the preliminary subdivision application stage with written information regarding the method which will be utilized for the ownership/management of any open space resulting from such application.

E. The Planning Board, in its deliberations on whether to approve or disapprove any cluster subdivision application, shall give great consideration to how closely such application conforms to the cluster standards set forth in § 153-9 of the Village Code.

F. Prior to the Planning Board's granting of any final cluster subdivision approval, the Village Board shall require its approval of the method of ownership/management of the resultant open space. As a basis for determining this, the Village Board shall receive and forward to the Village Attorney, copies of any required legal instruments, deeds, covenants or conservation easements which relate to the final disposition and management of the open space prior to the approval of the Village Board.

G. Upon the filing of the final subdivision plat in the office of the County Clerk a copy shall also be filed with the Village Clerk-Treasurer, who shall make appropriate notations and references thereto in the Village Zoning Ordinance or Map. The applicant shall provide the Village Assessor with copies of all legal instruments relating to any land use restrictions which may affect the use of any real property located within the filed subdivision plat.

H. All legal instruments, deeds, covenants or conservation easements relating to the final disposition, ownership and management of any cluster zoning application shall be established and filed of record prior to the conveyance of any cluster subdivision lots.

§ A162-5 Ownership/management requirements for open space.

A. The amount of land to be set aside as open space shall be kept forever wild.