[Amended 1-26-1998 by L.L. No. 1-1998; 8-4-2003 by L.L. No. 4-2003]
Cluster housing, including townhouse development,
in the Town of Hamburg shall require the final approval of the Town
Planning Board pursuant to its administration of the Subdivision Regulations
of the Town of Hamburg. [1] Cluster development shall not be considered an allowable
use unless its use is approved by the Planning Board to achieve the
goals as set out in these regulations. The Planning Board, upon review,
may find the proposed cluster development plan not in accordance with
the purposes or requirements of this article.
[Added 1-26-1998 by L.L. No. 1-1998;
amended 8-4-2003 by L.L. No. 4-2003]
A.
To permit flexibility in land development through
cluster development by allowing for a variety of lot sizes without
increasing the overall density permitted in the zoning district(s)
in which the property is located.
B.
To allow for residential development through cluster
development which is in harmony with the aesthetics qualities of the
Town of Hamburg, and in so doing protecting important and/or sensitive
lands from development (especially those that connect to other important
Town features, and will provide large areas of important lands).
C.
To permit flexibility in residential lot layout that
would improve public health and safety aspects due to better layout
of the subdivision.
D.
To minimize the development on nonlocal or minor streets.
E.
To meet the goals and objectives of the Town's Comprehensive
Plan and any appropriate zoning overlay district.
[Amended 1-26-1998 by L.L. No. 1-1998;
amended 8-4-2003 by L.L. No. 4-2003]
Unless otherwise provided in this chapter, the
following regulations shall apply to all cluster housing:
A.
Permitted districts. Cluster housing shall only be
considered within the R-E, R-1, R-2, R-3, PRD and PUD Districts and
within the R-A Districts in areas noted in the Town of Hamburg 2010
Comprehensive Plan (1997 Master Plan update). Only after a concept
plan (and a plan illustrating a subdivision layout that is not clustered)
is presented to the Planning Board and found to meet the goals and
purpose of cluster development will the use of cluster development
be permitted. The Planning Board must pass a resolution authorizing
the use of cluster development stating the reasons for such use. In
considering the usage of cluster development, the Planning Board shall
consider the purpose of these regulations, the Town's Comprehensive
Plan (and open space / recreation plan), any applicable zoning overlay
districts, and the Town's design guidelines for cluster development
(including a cluster development reference manual).
[Amended 12-12-2005 by L.L. No. 5-2005]
B.
Minimum development area. Cluster housing shall apply
to a major subdivision of not less than five acres in area.
C.
Services by public utilities. All cluster housing,
including townhouse development, 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-E through R-3, PRD and PUD
Districts may be reduced to no less than 5,000 square feet (10,000
square feet for the R-A and R-E District), provided that any and all
such area reduced shall be restricted on the subdivision plat for
park and/or recreational purposes of an active and/or passive nature.
Lot width requirements can be reduced to 50 feet, if a building layout
is shown that accommodates the proposed structure with required setbacks.
[Amended 12-12-2005 by L.L. No. 5-2005]
E.
Minimum habitable floor area. The required minimum
habitable floor area for single-family dwellings may be reduced from
900 square feet for a one-story dwelling unit and 1,200 square feet
for a dwelling unit greater than one story to 750 square feet for
a one-story dwelling unit and 1,000 square feet for a dwelling unit
greater than one story.
F.
Minimum yards. For cluster housing for single-family
detached dwellings where the required minimum lot area has been reduced
pursuant to § 280-282E above, the following yard requirements
shall be minimum:
(1)
Front yard: 20 feet. To accomplish reduced front yard
requirements, the applicant must illustrate how utilities and off-street
parking will be accomplished. Front load garages will not, in general,
be acceptable.
(2)
Side yards: two required. The minimum width of any
side yard shall be 10 feet.
[Amended 12-18-2017 by L.L. No. 3-2018]
(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.
G.
Minimum distance between dwelling units: 15 feet.
This separation distance can be reduced to 12 feet with the additional
fire safety provision of a sprinkler system.
H.
Maximum height of buildings and accessory structures:
2 1/2 stories, not to exceed 35 feet.
I.
Maximum density/number of dwelling units permitted.
The maximum permitted number of dwelling units and/or building lots
shall be determined by dividing the land area of the subject property
by the normal minimum required lot area for dwellings for said district.
In circumstances where the building plan falls within two or more
zoning districts with differing density requirements, the Planning
Board may approve in any one such district a cluster development representing
the cumulative density as derived from summing of all units allowed
in all such districts. However, prior to determining the number of
dwelling units and/or building lots, the parcel to be developed shall
be adjusted as follows:
(1)
Lands utilized by public utilities or structures or
recorded easements or rights-of-way shall be subtracted from the total
gross area.
(2)
Waterbodies, land used for detention ponds, marsh
areas, designated wetlands (and their required designated adjacent
areas), alluvial, poorly drained, very poorly drained and unstable
soils and floodplains shall be subtracted from the total gross area.
(3)
Any other areas deemed unfavorable (unusable/unbuildable)
by the Planning Board because of topographic, geologic or hydrological
characteristics and slopes in excess of 15% shall be subtracted from
the total gross area.
(6)
In R-A, R-E and R-1 Zoning Districts, the Planning Board shall require that at least 50% of the land area obtained after the deductions in accordance with Subsection I(1), (2), (3), and (4) of this section shall be maintained as open space. [This does not include the areas subtracted out as nonusable: Subsection I(1), (2), and (3) above]. In all other districts in which residential subdivisions are permitted, the relevant percentage shall be 40% [not including nonusable areas: Subsection I(1), (2) and (3)]. The developer will propose the area to be maintained as open space, subject to the approval of the Planning Board. This land required for open space shall serve a purpose such as preserving important features, providing passive recreational opportunities, preserving views, etc. It is not the intent of these lands to be small unutilized areas at the rear of lots.
[Amended 12-12-2005 by L.L. No. 5-2005]
J.
The usage of cluster development will also require
the applicant to present architectural features of the proposed structures.
Consideration shall be given to accommodating these units on smaller
lots and the appearance of these buildings from the road. Reference
should be made to the Town's architectural guidelines for issues such
as the appearance of the front of the house: Garages shall not be
the predominant feature and snout houses (garages jutting out excessively
from the unit) will be discouraged.
In addition to other regulations for townhouses
contained in this chapter, the following special regulations shall
apply to townhouse development in the Town of Hamburg.
A.
Group length. A grouping of townhouses shall not exceed
160 feet in length.
B.
Unit size. No townhouse shall be smaller than 750
square feet, and the average size of townhouses in any group shall
be a minimum of 1,000 square feet.
C.
Height. The maximum height for any townhouse shall
be 2 1/2 stories, not to exceed 35 feet.
D.
Minimum development area. There shall be no minimum
size of site for development, except as may be required by the Planning
Board pursuant to site plan review.
E.
Lot area for each unit. 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.
F.
Minimum yards:
(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 shall be provided between the
end of such group and a public or private street, 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: no rear yard shall have a depth of less
than 20 feet.
G.
Street frontage. Each townhouse lot must have a clear,
direct frontage on a public street or to accessways complying with
private street requirements.
H.
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 any other necessary services
shall be provided.
I.
Parking. A minimum of two 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 two
parking spaces, and the balance of the front yard area 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.
J.
Street right-of-way and improvements. The right-of-way
width of public streets and private streets, where permitted by the
Town Board, serving a group of townhouses and the improvements therein
shall conform to all applicable minimum Town of Hamburg standards
and requirements for such streets.
K.
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 Planning 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.
L.
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.
M.
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 purposes and shall include the facilities normally attendant
thereto.
N.
Accessory buildings. No accessory building shall be
permitted in unwalled or 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.
O.
Site plan specifications.
(1)
As part of the supplementary data required for Planning
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 Planning Board. If the subdivision plat for townhouse
development receives final approval by the Planning Board, the townhouse
development shall be in accordance with such approval plan.
(2)
The site plan shall include but shall not be limited
to the 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; public streets;
driveways; all common facilities; open space and walkways; and utilities,
showing the same underground where such is required. In addition,
the lot size, the percentage of building ground coverage and open
space, the square footage of each townhouse and its patio living area,
the density, etc., shall be included as data on such plan.
(3)
If, after final approval of a plan, a substantial
change therein is desired, such request for such change may be filed
with the Planning Board, which shall consider such requested change
pursuant to its procedures for amendment to an approved plat.
