Town of New Paltz, NY Cluster Development

Editor’s Note: This ordinance also provided for the renumbering of former § 121-25 as § 121-25.1.

§ 121-25 Residential cluster subdivision design.

To further the goals of the Town of New Paltz Master Plan, enable and encourage flexibility of design and development of land within the Town in such a manner as to promote the most appropriate use of land, facilitate the adequate and economical use of streets and utilities, and preserve the natural and scenic qualities of open or wooded lands, the Town Board authorizes the Planning Board to approve, in the R-1, A-1.5 and A-3 Zoning Districts of the Town (hereafter referred to collectively as the “residential zoning districts”), a residential subdivision plan with clustered development, and further authorizes the Planning Board to require, in appropriate circumstances, the submission of a clustered development plan as a condition of subdivision plan approval.

Any such plan shall be consistent with the requirements of this section and of Article VI, § 140-41 of the Town Code and of § 278 of the Town Law. The number of building lots or dwelling units shown on a clustered development plan shall in no case exceed the number of building lots or dwelling units which could be permitted, in the Planning Board’s judgement, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Law[1] applicable to the land in question and conforming to all other applicable requirements.

Editor’s Note: See Ch. 140, Zoning.

The following standards and procedure shall be utilized by the Planning Board in reviewing applications for approval of a cluster subdivision within the Town of New Paltz:

Applicability.

(a)

A subdivider of property in any residential zoning district of the Town may request that the Planning Board approve a clustered residential development plan for the property.

(b)

In appropriate cases, the Planning Board may require that a cluster development plan for the property be prepared if, in the Board’s judgement, cluster development would be in the best interest of the Town and achieve one or more of the objectives set forth in Subsection C below.

(c)

Before making a determination of completeness for a preliminary subdivision application involving 15 or more acres of land or four or more residential lots, the Planning Board shall require that a cluster development plan be submitted and determine that the proposed cluster plan incorporates the general intent and spirit of these regulations to the maximum extent possible.

Sketch plan.

(a)

Normally, a request by a subdivider for authority to allow cluster development should be made concurrently with presentation of a sketch plan to the Planning Board for discussion pursuant to the procedure described in Article II, § 121-6 of this chapter.

(b)

When a cluster development plan is proposed or required, at the time of sketch plan discussion, the subdivider shall present:

A proposed cluster sketch plan in accordance with the provisions of § 278 of the Town Law and this section; and

[2]

A standard sketch plan which is consistent with all the criteria established by this chapter, including lots fully consistent as to the applicable bulk and other requirements of the Zoning Law and this chapter, except that the Planning Board may allow such waivers of this chapter, except as to lot area and other dimensional requirements affecting the density of development, that would, in its judgment, otherwise be permitted by the Planning Board for such standard plan.

(c)

When a cluster development plan is requested, the cluster sketch plan shall be accompanied by a narrative describing the objectives to be accomplished by cluster development, including (as applicable):

Preservation of contiguous prime important agricultural soils (having a crop productivity rating of four or less, as established by New York State Department of Agriculture and Markets);

[2]

Maintenance of active agricultural land;

[3]

Protection of the ground or surface water, wetlands, steep slopes (slopes greater than 15%), floodplains or areas of natural, scenic, or historical significance;

[4]

Preservation of trails, scenic highways, and scenic vistas/viewsheds; bikeways and pedestrian routes of Town, county, state or federal significance, or the opportunity to create such trails, bikeways or pedestrian routes;

[5]

Protection of significant vegetated areas, especially rare vegetation and/or wildlife habitat, especially that of threatened or endangered wildlife species or species of special concern;

[6]

Mitigation of potentially significant environmental impacts identified during SEQRA review through application of the SEQRA criteria of significance;

[7]

Preservation of open space to provide a visual screen or separation between structures and places commonly occupied by the public, or to protect the natural and scenic quality, environmental features and resources of land or open space use identified as important to the Town;

[8]

Enhancement of the overall aesthetic aspects of residential development in the area;

[9]

Reduction in the amount of new roads or driveways that require access from existing roads;

[10]

Reduction in the amount of new roads that are dedicated to the Town;

[11]

Accomplishment of specific goals set forth in the Town's Master Plan; and

[12]

Promotion of the health and general welfare of the community.

(d)

Dwellings in a clustered development shall conform to the following standards:

The lot size for a single-family residential dwelling shall not be less than 1/2 acre, or not less than 1/4 acre for dwellings served by a Town sewer district central sewer system.

[2]

All lots shall have frontage on a public right-of-way unless located within an open development area approved by the Town Board. The required frontage shall not be less than 25 feet for half the lots in a clustered group nor less than 50 feet for the remaining lots in the clustered group. Not more than two (2) twenty-five-foot frontages shall be adjacent to each other.

[3]

An open development area using common driveway access may be provided, to the extent determined by the Planning Board to be practicable, provided that a maintenance agreement is established that will bind the owners of all lots using the driveway for access, and duly recorded in the office of the Ulster County Clerk prior to, or concurrently with, filing of the subdivision plan.

[4]

A pedestrian circulation and/or trail system shall be designated and installed sufficient for the needs of the residents.

[5]

Water supply and sewage disposal facilities shall be designed by a licensed engineer for any such residential cluster development in accordance with the requirements of the Town of New Paltz and the Ulster County Health Department. If central water and sewer facilities are proposed, such facilities shall also be approved by the Planning Board and Town Board. Underground water supply and sanitary sewage facilities may be located in areas to be set aside as permanent open space.

[6]

The dwelling units permitted as a part of the proposed residential cluster development shall be, at the discretion of the Planning Board and subject to the conditions of this article, detached, semidetached or attached structures. No individual structure shall contain more than four dwelling units, and the overall maximum density coverage of the zoning district in which the land is located shall not be exceeded.

[7]

The building height shall not be more than 35 feet.

[8]

All newly installed utilities shall be installed underground in the manner prescribed by the regulations of the state, local and/or utility companies having jurisdiction.

[9]

The lot width at the actual or proposed building line shall not be less than 100 feet, or not less than 75 feet for dwellings served by a Town sewer district central sewer system.

[10]

The lot depth shall not be less than two hundred (200) feet, or not less than one hundred fifty (150) feet for dwellings served by a Town sewer district central sewer system.

[11]

The side yard shall not be less than 20 feet and the distance between principal buildings shall be no less than 40 feet. For dwellings served by a Town sewer district central sewer system, the side yard shall not be less than 15 feet and the distance between principal buildings shall be no less than 30 feet.

[12]

The front and rear yard shall not be less than 50 feet, except that, if adjacent to a designated open space area of the clustered development providing at least 200 feet to the nearest property line, then the front and rear yard shall not be less than 25 feet. For dwellings served by a Town sewer district central sewer system, the front yard shall not be less than 25 feet and the rear yard shall not be less than 35 feet.

[13]

All areas of clustered development on a property shall be separated by a minimum of 300 feet of open space, or for dwellings served by a Town sewer district central sewer system all areas of clustered development on a property shall be separated by a minimum of 150 feet of open space.

[14]

In cluster developments exceeding 20 single-family residences or other dwelling units, the Planning Board shall consider the layout of smaller groupings, each having some open space immediately surrounding it, so that large concentrations of units with little or no differentiation can be avoided and so that cluster development will be more compatible with the neighborhood in which it is located.

[15]

The minimum distance between the boundary line of any lot in a cluster development and the boundary line of other tracts of property shall be 150 feet, or 100 feet for dwellings served by a Town sewer district central sewer system, and the land in between shall contain plantings, either existing or proposed, sufficient to constitute a buffer area that will screen the cluster development from adjacent uses.

[16]

The minimum tract area for any residential cluster development shall be 10 acres in the A-3 Zoning District and five acres in the A-1.5 and R-1 Zoning Districts, and the cluster development shall result in a minimum of three and a maximum of 49 dwelling units if central sewer and water service is not provided.

[17]

The permanently restricted open space area shall be not less than 50% of the area of the cluster development tract and shall be comprised of one or more undivided lots, parcels or tracts of land, of which at least one shall have a minimum area of 2.5 acres, exclusive of street right-of-way use. A plan for maintenance or landscaping of common open space shall be reviewed and approved by the Planning Board. Other than underground water and sanitary sewage facilities, no portion of this minimum required open space shall be utilized for roads, driveways, utility structures, stormwater treatment facilities, or similar infrastructure facilities.

[18]

The open space land shall be shown on the plat and shall be labeled in a manner to indicate that such land is not to be further divided or used for building lots or any other form of development, is permanently reserved for open space purposes and is subject to a perpetual conservation easement recorded in the office of the Ulster County Clerk.

[19]

In no case shall the permitted number of dwelling units exceed the number of dwelling units that would be permitted, in the Planning Board's judgment, if the land had been divided into lots conforming to the minimum lot size of this chapter applicable to the zone or zones in which said land is situated and conforming to all other applicable requirements.

[20]

The provisions of this section shall not be deemed to authorize a change in the permissible use of lands within the zoning district in which the cluster development is proposed, as provided in the Town zoning regulations applicable to such lands.

[21]

In accordance with New York State Town Law, developments may be phased and completion dates established by the Planning Board as conditions of approval.

[22]

In anticipation of future development, the Planning Board may require the design of a schematic open space network so that when subsequent cluster developments are built within separate tracts of land in the vicinity of the proposed clustered development, respective open spaces will complement each other, to the maximum extent practicable, thereby creating continuous, functional greenbelts.

[23]

In appropriate cases, the Planning Board may require that such plans also include land set aside for recreation uses in accordance with § 121-20 of this chapter. The permissible number of lots or dwelling units for the cluster development will be calculated excluding the area of land set aside for recreation uses.

Upon review of the standard subdivision sketch plan, the Planning Board shall, by resolution, determine the number of lots or dwelling units that could be accommodated on the land under a conventional subdivision approach and, thus, the maximum number of lots or dwelling units that would be authorized through application of the cluster subdivision concept.

A cluster development shall in no case result in a permitted number of building lots or dwelling units which exceeds the number that could be permitted, in the Planning Board’s judgement, if the land were subdivided into lots conforming to the minimum lot size and all other applicable requirements pertaining to the district or districts in which the land is situated, including federal, state and local laws and regulations.

Where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in such districts pursuant to all other applicable requirements, and may authorize actual construction to take place in all or any portion of such districts.

(3)

Notwithstanding any other provision of this section to the contrary, the Planning Board may, in an instance where a developer has proposed a plan for development that is not consistent with all of the requirements of Subsection C above, but which the Planning Board finds would achieve the objectives of this section and the goals of the Comprehensive Master Plan, waive or modify the minimum requirements of Subsection C(2)(d)[1] through [4] and [8] through [17] in order to accomplish those objectives. Following full compliance with SEQRA, the Planning Board shall set forth in its resolution of approval the facts and circumstances that warrant the waiver or modification and the objective(s) that will be achieved. Any such waiver or modification shall ensure that the public health, safety and welfare is protected, that the resulting plan is consistent with the surrounding community, that the plan as developed will not increase any adverse impact on the environment and maintain conformance with the general intent and spirit of these regulations.

Lands for park, recreation or other community purposes. Conditions regarding the long-term ownership, use, maintenance and permanent protection of all open space within a cluster subdivision that is to be used for park, recreation or other community purposes, whether included within individual lots or as common lands, shall be set forth by the subdivider in consultation with the Planning Board.

Conservation easement and open space.

In order to accomplish the purposes of this section, the Planning Board shall establish such conditions on the ownership, use and maintenance of open space lands as it deems necessary to assure the preservation of such lands, and provide that open space lands be owned in common by a homeowners' association, a qualified not-for-profit conservation land trust or other lawful entity acceptable in form to the Town Board, or dedicated to the Town.

The imposition by the subdivider of a perpetual conservation easement, in form satisfactory to the Town Attorney, on open space lands sufficient to ensure that such land will be left forever wild or limiting use of such open space land to agricultural, managed forest land, passive recreational or open space use, and prohibiting residential, industrial or commercial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through of 49-0311 of the Environmental Conservation Law will normally constitute compliance with such conditions. The easement shall be irrevocably offered for dedication to the Town of New Paltz and shall also be irrevocably offered to a qualifying not-for-profit conservation land trust, on terms which allow the land trust or other entity to accept the easement either as a joint holder of the easement with the Town or as the sole holder. In either case, the easement shall provide that the Town has the right, but not the obligation, to enforce the terms of the easement. The subdivision plan shall show the easement area and include a map note referencing such filed offer to a qualifying not-for-profit conservation land trust or offer of dedication to the Town of New Paltz. In addition, the subdivider shall file a declaration of restriction in the office of the County Clerk adequate to give notice of the easement.

(3)

Prior to final approval of the subdivision plan, the subdivider shall obtain a letter from the Town Board advising the Planning Board whether it will accept the offer of dedication of the open space lands or of a easement over such lands, and, if so, whether the easement proposed by the subdivider is acceptable as to form. If the Town Board declines to issue such letter, the subdivider shall either obtain a binding letter of agreement from a land trust or other qualified not-for-profit conservation land trust organization acceptable to the Town Board stating that it will accept the easement for the purpose of protecting the open space lands, or demonstrate to the satisfaction of the Planning Board and Town Board that satisfactory arrangements have been made to assure the preservation of such lands. In any case, the subdivider shall make suitable arrangements for an endowment to cover the costs of monitoring and enforcing any easement or restriction on open space lands. Absent special circumstances, a binding agreement by the subdivider to donate funds to the entity responsible for monitoring and enforcement of the easement or restrictions in order to establish an endowment in an amount consistent with the schedule set forth in Paragraph 7 of the Town Board’s resolution of December 17, 1998, as that schedule may be amended from time to time, will be considered to satisfy the requirement for an endowment.

(4)

Any conservation easement that is to be granted to a conservation land trust organization shall expressly provide that it may not be amended to permit commercial, industrial or residential development and shall be reviewed and approved by the Planning Board and Town attorney as to form.

(5)

Submission of a fully executed easement, or of other binding restrictions approved by the Planning Board, in form suitable for recording shall be a condition of approval of a cluster development subdivision plan. The subdivider shall cause the document imposing restrictions to be recorded in the Ulster County Clerk's office prior to or simultaneously with the filing of the approved cluster development subdivision plat and provide evidence of that filing to the Planning Board prior to any conveyance of title to any lot shown on the plan and in no event later that 62 days after the date of the signing of the plat.

(6)

In the course of review and approval of a cluster development subdivision plan, the Planning Board shall assure that proper provision has been made for ownership and maintenance of the open space land by means of an enforceable agreement among the members of the homeowners’ association or other means acceptable to the Town Board.

(a)

If the open space land is held in common ownership, the ownership interests shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners' association and the dwelling units each owns.

(b)

It shall be a condition of subdivision approval of a clustered plan that ongoing maintenance standards be established by the subdivider to assure that the open space land does not detract from the character of the neighborhood and imposed on lots by the deed of conveyance and bylaws of the homeowners association, if one is established. Provision shall be made for the homeowners’ association, or such other lawful entity, if any, to enforce such standards and to allow, but not require, the Town to enforce such standards against an owner or occupant of open space lands who acts in violation of the maintenance standards or restrictions on the use of open space lands.

Plat submission.

Upon determination that such sketch plat is suitable for the procedures under this section and subsequent resolution by the Planning Board authorizing the subdivider to proceed, a preliminary plat meeting all of the requirements of the resolution shall be submitted to the Planning Board within six months.