Cluster housing, including townhouse development, in the Town of Concord shall require the final approval of the Concord Town Board pursuant to its administration of Chapter 129, Subdivision of Land, of the Code of the Town of Concord.
Unless otherwise provided in this chapter, the
following regulations shall apply to all cluster housing:
A.
Permitted districts. Cluster housing shall only be
permitted within the R-12 District of this chapter.
B.
Minimum development area. Cluster housing shall apply
to a major subdivision of not less than 10 acres in area.
C.
Service by public utilities. All cluster housing shall
be served by public systems for water supply and sanitary sewerage.
D.
Minimum lot size. The required minimum lot area for
single-family detached dwellings in the R-12 District may be reduced
from 12,000 square feet to no less than 5,000 square feet, provided
that any and all such area reduced, up to 7,000 square feet per single-family
detached dwelling in a subdivision, shall be restricted on the subdivision
plat for park and/or recreational purposes of an active and/or passive
nature. Said private land assembled in common as a result of the clustering
process above shall be located contiguous to the location of the clustered
lots, as created above.
E.
Minimum yards. For cluster housing for single-family
detached dwellings where the required minimum lot area has been reduced,
the following yard requirements shall be minimum:
F.
Minimum lot width shall be 50 feet, unless an alternate
clustered plan design is approved by the Town Board. Under no circumstances
shall the Town Board approve any plan for single-family detached dwellings
under clustering for a distance of less than 20 feet between principal
dwellings on separate lots.
G.
Maximum height of buildings shall be 21/2 stories
not to exceed 35 feet.
H.
Maximum density. The maximum density for the entire
subdivision of cluster housing for single-family detached dwellings
shall not be more than the maximum density permitted in the R-12 District
of this chapter.
I.
Maintenance of common area.
(1)
Nothing herein shall prevent the Planning Board, in
its review of a proposed subdivision for cluster housing, from requiring
that 10% of the entire subdivision be set aside for park and recreation
purposes and dedicated to the Town of Concord for such purposes, nor
from requiring, in lieu thereof, the payment of a recreational fee
per dwelling unit, as established by the Town Board, in addition to
the private land assembled in common as the result of the clustering
process.
(2)
Provisions satisfactory to 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,
but not in individual ownership of such occupants, without expense
to the general taxpayers of the Town of Concord. The instrument incorporating
such provisions shall be approved by the Town Attorney as to form
and legal sufficiency before any final approval action is taken by
the Town Board.
In addition to other regulations for townhouses
contained in this chapter, the following special regulations shall
apply to townhouse development in the Town of Concord:
A.
Grouping length. A grouping of townhouses shall not
exceed 160 feet in length.
B.
Height. The maximum height for any townhouse shall
be 21/2 stories not to exceed 35 feet.
C.
Minimum development area. The minimum size of the
site to be developed for townhouses shall be five acres.
D.
Lot area for each townhouse. No townhouse lot shall
contain an area of less than 2,000 square feet, and the average size
for a group of townhouse lots shall not be less than 2,200 square
feet. Each townhouse shall have its foundation on its individual lot,
except where the townhouse units are separated by a common wall, in
which event the foundation may be installed equidistant on each side
of the lot line for the length of a party wall and its extension along
the offset of the townhouses on abutting lots.
E.
Minimum yards. Minimum yards shall be as follows:
(1)
Front yard: 35 feet.
(2)
Side yard requirement. A minimum side yard of 10 feet
shall be provided between the end of a group of townhouses and an
interior side lot line and 35 feet between the end of such group and
a public or private street or road, such thirty-five-foot setback
to be unencumbered by walls, fences or other structures or buildings.
A spacing of 20 feet shall be provided between each group of townhouses,
and an additional 10 feet shall be required for each driveway provided
between such groups. Such separation between such groups shall be
unencumbered by walls or other structures or other obstructions which
will prevent emergency vehicular access between such groups.
(3)
Rear yard: not less than 25% of the lot depth; provided,
however, that no rear yard shall have a depth of less than 20 feet.
F.
Street frontage. Each townhouse lot must have a clear,
direct frontage on a public street or road or to accessways complying
with private street or road requirements.
G.
Utilities and services. Each townhouse shall be independently
served by separate heating, air conditioning, sewer, water, electricity,
gas or other facility and utility services, wherever such utilities
and services are provided, and no townhouse shall be in any way dependent
upon such services or utility lines located within another unit or
on or in another townhouse or townhouse site, except as may be installed
in public easements. All townhouses must be connected to public water
and sewer lines, and all electrical and telephone lines in a townhouse
development site shall be placed underground. Proper and adequate
access for fire-fighting purposes and access to service areas to provide
garbage and waste collection and for other necessary services shall
be provided.
H.
Parking. A minimum of three off-street parking spaces
shall be provided for each townhouse. Such parking spaces may be provided
on the lot of the townhouse or in a commonly owned and maintained
off-street parking facility, provided that no parking space shall
be more than 150 feet, by the most direct pedestrian route, from the
door of the townhouse it is intended to serve. Where on-site parking
space is provided in the front yard area, it shall be limited to three
parking spaces, and the balance of the front yard shall be landscaped.
Each townhouse site must provide its own off-street parking area and
driveway thereto where on-site, off-street parking is to be provided.
I.
Street/road right-of-way improvements. The right-of-way
width of public streets/roads and private streets/roads, where permitted
by the Concord Town Board, serving a group of townhouses and the improvements
therein shall conform to all applicable minimum Town of Concord standards
and requirements for such streets/roads.
J.
Walls, fences and buffering. All patio, outdoor living
areas on each townhouse lot shall be enclosed by a wall, fence or
dense hedge affording complete screening. In the plat review process,
the Concord Town Board may modify this requirement as to type and
extent of such enclosure on any townhouse lot while assuring the intent
of such enclosure to provide adequate outdoor privacy on each townhouse
lot. Where provided, such wall, fence or dense hedge shall be six
feet in height with a life expectancy of not less than 20 years. All
walls or fences erected pursuant to this provision shall be solid
structures which afford visual privacy. A walled-in patio may include
a roof. All rear yard areas used for service shall be completely screened
from view from the street and from adjoining lots by walls, fencing
or dense landscaping.
K.
Patios and service areas. There shall be provided
on each townhouse lot at least 250 square feet of patio living area
exclusive of parking and service areas.
L.
Recreation space. There shall be provided on the site
of each townhouse development an area or areas devoted to the joint
or common recreational use by the residents thereof. Such recreation
space shall consist of not less than 500 square feet of space per
dwelling unit. Each such recreation space shall be developed for passive
and active recreational purposes and include the facilities normally
attendant thereto.
M.
Accessory buildings. No accessory building shall be
permitted in unwalled, unfenced areas or areas lacking a dense hedge
on sites containing a townhouse and, where located within an area
so enclosed, shall not extend above the height of such enclosure.
N.
Site plan specifications.
(1)
As part of the supplementary data required for Concord
Town Board review of a proposed townhouse development, a scaled and
dimensioned site plan of the development, a typical tentative plan
showing front elevations of proposed townhouses and typical tentative
floor plans of proposed townhouses prepared by a licensed architect
shall be submitted to the Concord Town Board. If the subdivision plat
for townhouse development receives final approval by the Concord Town
Board, the townhouse development shall be in accordance with such
approved plat.
(2)
The site plan shall include, but shall not be limited
to, location of buildings in relation to property and lot lines, off-street
parking spaces and bays, patio and service areas, including garbage
disposal areas, landscaping, walls or fences or hedges, public streets/roads,
driveways, all common facilities, open space and walkways and utilities
showing the same underground where such is required. In addition,
lot size, percentage of building ground coverage and open space, square
footage of each townhouse and its patio living area, density, etc.,
shall be included as data on such plan.
(3)
If, after final approval of a plat, a substantial
change therein is desired, such request for such change may be filed
with the Concord Town Board, which shall consider such requested change
pursuant to its procedures for amendment to an approved plat.
