[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 2-4-1998. Amendments noted where applicable.]
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.
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.
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.
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.
A.
The amount of land to be set aside as open space shall
be kept forever wild.