A.
Whenever title to two or more contiguous lots are
held by the same owner, regardless of whether or not each of said
lots may have been approved as portions of a subdivision, or acquired
by separate conveyance or by other operation of law, and one or more
of said individual lots should, by reason of exceptional shallowness,
topographical conditions or substandard area of yard space, not conform
with the minimum lot area and dimension requirements for the zone
in which it is located, the contiguous lots of said owner shall be
considered as a single lot and the provisions of this chapter shall
hold.
B.
Whenever land has been dedicated or conveyed to the Town by a lot owner to meet the minimum street width requirement of Chapter 178, Subdivision of Land, or to implement the Official Map or Comprehensive Plan of the Town, the Zoning Inspector shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
Structures located on a corner shall be set back from both streets the required front yard distance, but in no case less than required in Article IV.
Penthouses or roof structures for the housing
of stairways, tanks, ventilating fans, air-conditioning equipment
or similar equipment required to operate and maintain the building
and fire or parapet walls, skylights, spires, cupolas, steeples, flagpoles,
chimneys, water tanks, silos or similar structures may be erected
above the height limits prescribed by this chapter but in no case
more than 25% more than the maximum height permitted in the district,
except that spires, steeples, silos, water towers and radio and television
towers shall have no height restrictions except where stipulated by
the Federal Aviation Agency.
A.
Purpose. The purpose of this section is to provide
a method of developing residential land in the MR Medium-Density Residential
District which will preserve desirable open spaces, conservation areas,
floodplains, school sites, recreation and park areas and lands for
other public purposes by permitting the reduction of lot sizes and
certain other regulations hereinafter stated without increasing the
number of lots in the total area to be developed. Cluster development
designs may be approved, provided that the following are adhered to:
(1)
All dwelling units shall be connected to approved
and functioning public water and sanitary sewer systems prior to the
issuance of a certificate of occupancy.
(3)
The maximum number of residential lots for each cluster
development shall be computed on the basis of the permitted lot size
for detached dwelling units, as expressed in lots per acre, for the
district in which the land is located multiplied by the total tract
acreage, including water areas, lands and buildings to be retained
for historic purposes and lands for open space or public purposes.
If this calculation results in a remaining fraction of a lot, the
fraction shall be rounded to the nearest whole number. Applicable
subdivision requirements shall be adhered to.
(4)
Land area equal to a minimum of 20% of the lot area
of the proposed development shall not be included in lots but shall
be set aside for open space uses, such as conservation areas, floodplains,
school sites and recreation and park areas. Land utilized for street
rights-of-way shall not be included as part of the above 20%. All
streets within the development shall be dedicated to the Town or proper
state authorities.
(5)
The minimum lot requirements for detached dwelling
units shall be as follows:
|
Minimum
| ||
|---|---|---|
|
Lot area
|
7,500 square feet
| |
|
Lot frontage
|
75 feet
| |
|
Lot depth
|
100 feet
| |
|
Each side yard
|
10 feet
| |
|
Front yard
|
25 feet
| |
|
Rear yard
|
25 feet
| |
(6)
The lands offered to the Town through cluster development
shall meet the following requirements:
(a)
The minimum size of each parcel so dedicated
shall be one acre.
(b)
The lands so offered for recreational purposes
shall be improved by the developer, including equipment, walkways
and landscaping in order to qualify open space for acceptance by the
Town.
(c)
Any land offered to the Town shall be an integral
part of the development and designed, located and improved to best
suit the purpose(s) for which it is intended.
(d)
Every parcel of land offered to and accepted
by the Town shall be conveyed to the Town by deed at the time final
plan approval is granted by the Town. Said deeds shall contain restrictions
stating to what use(s) such land(s) shall be restricted.
(e)
The lands offered to the Town shall be subject
to review by the Planning Commission who, in their review and evaluation
of the suitability of such land, shall be guided by the Comprehensive
Plan of the Town, by the ability to assemble and relate such lands
to an overall plan, and by the accessibility and potential utility
of such lands. The Planning Commission may request an opinion from
other public agencies or individuals as to the advisability of the
Town's accepting any lands to be offered to the Town.
(7)
If a development contains at least 300 dwelling units,
a homeowners' association may be established for the purpose of owning
and maintaining common open spaces, recreational areas and facilities,
conservation areas and floodplains which would otherwise be dedicated
to the Town, and parking lots and driveways. If established, a homeowners'
association shall be in accordance with the following provisions:
(a)
Membership in any created homeowners' association
by all property owners shall be mandatory. Such required membership
in any created homeowners' association and the responsibilities upon
the members shall be in writing between the association and the individual
in the form of a covenant with each member agreeing to his liability
for his pro-rata share of the association's costs, and provided that
the Town shall be a party beneficiary to such covenant entitled to
enforce its provisions.
(b)
Such associations shall be responsible for liability
insurance, local taxes, maintenance of land and any facilities that
may be erected on any land deeded to the homeowners' association and
shall hold the Town harmless from any liability.
(c)
The assessment levied by the association may
become a lien on the private properties in the development. The duly
created homeowners' association shall be allowed to adjust the assessment
to meet changing needs and any deeded lands may be sold, donated or
in any other way conveyed to the Town for public purpose(s) only.
(d)
The homeowners' association initially created
by the developer shall clearly describe in its bylaws the rights and
obligations of any homeowner and tenant in the cluster development,
along with the covenant and model deeds and the articles of incorporation
of the association prior to the granting of final approval by the
Town.
(e)
Part of the development proposal submitted to
and approved by the Town shall be provisions to ensure that control
of the homeowners' association shall be transferred to the individual
lot owners in the development based on a percentage of the dwelling
units sold and/or occupied, together with assurances in the bylaws
that the homeowners' association shall have the maintenance responsibilities
for all lands to which they hold title.
(8)
Before final approval, the Town shall require a contract
setting forth the completion of the development plan in one or more
stages. Failure to meet the agreed upon time schedule shall mean that
no other sections of the development or new development by the same
principles shall be considered by the Town until the section in default
is completed.
(9)
No certificate of occupancy shall be issued for any
building or part thereof until all streets, drainage, parking facilities
and water and sewer facilities servicing said structure are properly
completed and functioning.
