The following provisions apply to clustered (dwelling group) projects proposed for approval in the Village of Penn Yan.
These regulations are adopted for the following purpose. The Village Board of the Village of Penn Yan finds that the topography and environmental sensitivities of certain parcels in the Village do not lend themselves to the conventional development as designated by their current zoning. Therefore, pursuant to the provisions of § 7-738 of the Village Law of the State of New York, the purpose of this article is to enable and encourage flexibility of design in housing development of land in such a manner as to permit the most appropriate use of land, to preserve the natural, scenic and ecological qualities of environmentally sensitive areas and to provide larger areas of open space, both for recreation and for environmental conservation purposes.
Among the objectives which should be achieved through use of clustered housing are the following:
A. 
The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of certain Village zoning standards.[1]
[1]
Editor's Note: See Ch. 202, Zoning.
B. 
The preservation of surface water, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography and glaciated features. Other areas to be preserved include areas of scenic and ecological values, including open spaces and other environmentally sensitive areas.
C. 
To prevent soil erosion, to minimize negative environmental impacts and to control development in flood hazard areas.
D. 
To encourage innovation through flexibility in design and layout of residential housing consistent with the intent of this chapter by permitting housing units to be clustered without increasing overall site density.
E. 
To permit housing developments that reflect the legislative intent of Article 7, § 7-738 of the Village Law of the State of New York.
F. 
To create a housing development that is in harmony with the character of the area and the environmental sensitivities of the sites.
Authorization to grant or deny residential cluster development (dwelling group) is provided by § 7-738 of the Village Law which empowers the Planning Board to grant variations in the dimensional standards (area) of the Village Zoning Ordinance[1] concurrent with subdivision review.
A. 
The Planning Board shall comply with all procedures and standards set forth in this article when implementing such power.
B. 
As provided in Chapter 859 of the New York State Laws of 1981, the Planning Board is hereby granted the authority to require that a plat be submitted as a clustered project (dwelling group) as limited by Village Law § 7-738 and by this chapter. This requirement may be employed to impose conditions for the approval of residential subdivision plats by the Planning Board, whether or not the owner makes application for a clustered project (dwelling group).
[1]
Editor's Note: See Ch. 202, Zoning.
Yield determines the number of dwelling units which can be placed on a site to be developed under a clustering (dwelling group) plan.
A. 
For all but multiple-dwelling districts, the following provisions apply:
(1) 
The maximum number of dwelling units that may be approved in a clustered development (dwelling group) shall be determined by calculating the maximum number of dwelling units or building lots which an applicant could secure if the land were subdivided into lots or developed in conformance with the requirements of the particular zoning district in which the land is situated. Project density shall be based only upon the amount of usable land which is available for development.
(2) 
In computing the usable or developable land, any land situated in a flood hazard area, having slopes in excess of 20%, officially designated freshwater wetlands, lands occupied by public utilities, structures, drainage control areas or rights-of-way or otherwise unsuitable for development shall not be considered part of the gross area.
B. 
Multiple-dwelling districts. Density for multiple dwellings shall be based upon the gross land area exclusive of any restrictions identified in § 176-20A(2) of this article above.
C. 
In computing functional density, the Planning Board shall rely on the estimate of the maximum number of dwelling units which could be constructed if the land were developed as a conventional subdivision.
(1) 
Should there be disagreement about this estimate, the developer can submit an alternate sample plat for the land. This plat must show any lands situated in a flood hazard area, having slopes in excess of 20%, officially designated freshwater wetlands, lands occupied by public utilities, structures, drainage control areas or rights-of-way or land otherwise unsuitable for development.
(2) 
An alternative to submitting a sample plat is submission of a detailed report which contains the concepts utilized in preparing a conventional plat.
The approval process and information requirements for a clustered project will be conducted pursuant to major subdivision process procedures, regardless of whether land is to be subdivided or to remain as a single parcel.
The following restrictions apply to clustered projects (dwelling groups):
A. 
Clustering may be permitted and may be mandated only in residentially zoned districts exclusive of the R-1 District. Permitted uses within the clustered development shall be the same as permitted in the zoning district in which the property is located and shall be restricted to dwelling units and their customary accessory uses.
[Amended 9-6-1993 by L.L. No. 4-1993]
B. 
In some cases during the approval process for a clustered project (dwelling group), additional information may be required by the Planning Board. This information may be pertinent to but not necessarily limited to such areas of concern as environmentally sensitive areas, recreational areas, open spaces or common areas.
A. 
Intent. Because open spaces are an inherent part of clustered developments, the Village must take special measures for the protection and regulation of these areas and to provide for a system of their permanent maintenance.
B. 
Submission requirements. At the sketch plat stage, the developer shall submit a detailed proposal for maintenance of common lands and/or open spaces. The Planning Board may approve or approve with conditions any plans for maintenance of common areas and/or open spaces. Any conditions imposed for maintenance of open space and/or common lands shall become part of the conditions for final plat approval.
C. 
Dedication of lands. If the open spaces are to be offered for dedication to the Village, the Planning Board shall refer such offers and related details to the Village Board for the necessary action prior to final plat approval.
D. 
Property owners' association. If open spaces are not to be dedicated to the Village, the applicant must create a property owners' association and receive approval by the Office of the New York State Attorney General pursuant to state law.
The following methods will be considered alternate means to maintain open spaces:
A. 
In the case of single ownership of the clustered (dwelling group) development by a sole owner, partnership, corporation or other legal means, deed restrictions protecting open spaces from further development shall be submitted to the Attorney for the Village for review and to the Planning Board for acceptance.
B. 
Any alternative methods for protection and preservation of open lands and common areas shall be submitted at the sketch plat stage to the Planning Board for review and approval. All alternate proposals shall be submitted to the Attorney for the Village for review and comment. The Planning Board may require any additional information it deems necessary to conduct an adequate review of the alternate proposals.