A.
The minimum gross area for any clustered subdivision
proposal shall be five acres. Clustered subdivisions are permitted
only with respect to residential dwelling units. Clustered subdivisions
are permitted in all zoning districts except the Office Park Commercial
Zone, Vehicle Fueling and Repair Commercial Zone, Light Industrial
Zone, and Industrial Zone. The Planning Board may not require a subdivider
to prepare a cluster plan for lands in a High Density Residential
Zone.
[Amended 6-7-2004 by L.L. No. 6-2004; 10-20-2014 by L.L. No. 16-2014]
B.
The area of the subdivision required to be reserved
by the developer for open space shall not be more than 10% of the
gross area, and shall contain in any event a parcel with an open area
of at least 10,000 square feet.
C.
At the time of preliminary approval, it shall be determined
whether or not the subdivision to be considered shall be a cluster
design. When the subdivider presents to the Planning Board a traditional
subdivision plan, the Planning Board may approve a preliminary plat
for a given number of units, contingent upon all or part of those
units being clustered in a final plat acceptable to the Planning Board.
D.
When the subdivider proposes to develop a portion
of the property as a traditional subdivision and a portion as a clustered
subdivision, the Planning Board may approve, modify and approve, or
disapprove the proportions of the project and locations which shall
be developed traditionally or be clustered.
E.
In the event the Planning Board approves a traditional
subdivision plan at the preliminary subdivision hearing, the subdivider
shall have the option of submitting a cluster plan prior to final
plat approval. In this case, the Planning Board shall schedule a public
hearing prior to final subdivision approval in order to consider the
cluster proposal.
A.
The number of dwelling units permitted in a clustered residential subdivision may in no case exceed the number otherwise permitted, in the Planning Board's judgment, by the applicable sections of Chapter 270, Zoning of the Code of the Town of Ithaca. The Planning Board may restrict the subdivider to a lesser number of dwelling units if, in the Planning Board's judgment, particular conditions of the site warrant such restriction. In addition, the density of dwelling units in a clustered development shall not exceed 3.5 dwelling units per gross acre in a Medium Density Residential Zone or 2.3 dwelling units per gross acre in a Low Density Residential Zone.
[Amended 6-10-2013 by L.L. No. 5-2013]
B.
To determine the number of dwelling units permitted to be clustered pursuant to Town Law § 278, the Planning Board may require the subdivider, as part of the sketch plat review process, to prepare a conventional subdivision plat which meets all standards of Chapter 270, Zoning, subdivision regulations, and Town of Ithaca highway and open space regulations.
[Amended 6-10-2013 by L.L. No. 5-2013]
C.
The Planning Board may exclude areas from the sketch
plat which, in its opinion, are unsuitable for construction of the
proposed housing because of excessive slopes, poor drainage, or other
considerations which may be injurious to the health, safety, and welfare
of the community.
D.
Considerations which the Planning Board may use in
order to limit the number of dwelling units or lots which may be developed
in any clustered subdivision include but are not limited to:
(1)
Will such a development be substantially and materially
injurious to the ownership, use and enjoyment of other property in
the vicinity or neighborhood;
(2)
Will such a development impede the orderly development
of land in the vicinity or neighborhood, and will such use be appropriate
in appearance and in harmony with the existing or intended character
of such land in the vicinity or neighborhood;
(3)
Will the street system and off-street parking facilities
handle the expected traffic in a safe and efficient manner and not
place an undue burden on existing roads;
(4)
Will the natural surface drainageways continue to
work effectively;
(5)
Are water and sewerage or waste disposal facilities
adequate;
(6)
Is the environmental quality of the proposal, in terms
of site planning, design, and landscaping, compatible with the character
of the neighborhood;
(7)
Are lot area, access, parking, and loading facilities
sufficient for the proposed activities;
(8)
What effect will the density of such clustered construction
and use have on the appearance and maintenance of open spaces in a
neighborhood.
E.
The number of units allowed in any clustered subdivision
shall not exceed the number determined by the Planning Board as shown
on the sketch plat. The Planning Board may allow the subdivider to
cluster the permitted number of dwelling units in detached, semidetached,
attached, or multistory structures.
F.
No more than six semidetached, attached, or multistory
dwelling units shall be permitted to be clustered in any one structure.
[Amended 6-10-2013 by L.L. No. 5-2013]
[Amended 6-10-2013 by L.L. No. 5-2013]
Buffer zones shall be at least 30 feet wide between the buildings
in a clustered subdivision and the boundary of adjacent lots in residential,
conservation, or agricultural zoning districts and at least 20 feet
wide between the buildings in a clustered subdivision and the boundary
of adjacent lots in commercial, industrial, or other zoning districts.
Parkland deeded to the Town of Ithaca pursuant to these subdivision
regulations shall be provided with a separation from the nearest building
of at least 20 feet. The Planning Board may require a buffer at least
40 feet wide between the edge of the pavement of any public road in
a clustered subdivision and any adjoining lot. Notwithstanding the
foregoing, the Planning Board may require a buffer of at least 125
feet between a community center and the boundary of adjacent lots
in any zoning district. The Planning Board may also, at its discretion,
require the subdivider to provide adequate landscaping within the
buffer area. Parking shall be forbidden in the buffer area.
[Amended 6-10-2013 by L.L. No. 5-2013]
A.
Building
placement: general.
(1)
Location
of structures and other improvements must place the highest priority
on the preservation of environmentally sensitive areas and agricultural
uses.
(2)
Buildings
in a cluster should be grouped as closely as possible to use the site
efficiently and to maximize common open space.
(3)
Staggered
front setbacks or random building placement in a cluster of buildings
that face a common courtyard is discouraged.
C.
Building setbacks. Building envelopes (areas that designate where buildings may be placed) must be included on the preliminary and final plats. Building envelopes do not have to conform to setback requirements in the underlying zoning district, but must conform to the stream setback requirements in Chapter 270, Zoning, and to the buffer zone requirements in § 234-33 above.
D.
Building height. Building height must conform to the height requirements for the underlying zoning district as set forth in Chapter 270, Zoning.
E.
The Planning Board may, in the course of subdivision
plat review, regulate the exterior characteristics of any proposed
structures or uses in order that the development shall be, in the
judgment of the Planning Board, compatible with the surrounding community.
Factors which may be considered in this judgment include, but are
not limited to:
(1)
The view to be afforded present owners of private
property, or legal users of public property, in the vicinity of the
proposed clustered subdivision after construction of the project;
(2)
The description and nature, including size, shape,
color of materials to be used in the proposed structures and other
areas;
(3)
Ambient noise incidental to the normal activity in
the project, as presented, or extraordinary noise incidental to the
construction of the project;
(4)
The phasing plan proposed by the subdivider, if the
development is to be built in stages.
[1]
Editor’s Note: Former § 234-35, Restriction
of unrelated persons, was repealed 6-10-2013 by L.L. No. 5-2013.
