A cluster residential development (CRD) subdivision is intended to enable and encourage flexibility in the design and development of land in such a manner as to promote the most appropriate use of land, to facilitate adequate and economical provision of services, to preserve those areas in the town that are suitable for agricultural use, to protect and conserve open space use and environmentally sensitive features, and to preserve scenic qualities, while allowing development to take place on areas of a property best suited for a neighborhood. The use of cluster residential development principles can result in the preservation of contiguous open space and important scenic resources and environmental resources, while allowing compact development, more walkable and bike-able neighborhoods, and more design flexibility than conventional developments.

(LL No. 1, 2021, § 1)

Cluster residential development (CRD) shall be considered applicable in the RU and R1 districts.

(LL No. 1, 2021, § 1)

All one-unit, two-unit, and multi-unit dwelling and accessory uses as specified in Section 17.12.010, Use Requirements Table, for the applicable districts are permitted.

(LL No. 1, 2021, § 1)

A.

Located Within the RU District. If the applicant is proposing a minimum of fifty (50) percent open space, the physical and dimensional requirements may be reduced to the following requirements (per residential unit):

Min. lot area: ½ acre.

Min. front yard: 25 ft.

Min. side yard: 25 ft.

Min. rear yard: 60 ft.

Max. lot coverage: 40 percent.

In order for such a reduction to occur, the planning board, at their discretion, shall conclude that the proposed cluster residential development is designed to preserve and protect the natural and scenic qualities of the open space(s) to the greatest extent practicable and all necessary approvals from the county department of health shall be obtained prior to final approval of the CRD.

B.

Located Within the R1 District. If the applicant is proposing a minimum of fifty (50) percent open space, then the physical and dimensional requirements identified in subsection 17.16.020(B)(1), excluding minimum habitable area, may be reduced by not more than seventy (70) percent. In order for such a reduction to occur, the planning board, at their discretion, shall conclude that the proposed cluster residential development is designed to preserve and protect the natural and scenic qualities of the permanent open space(s) to the greatest extent practicable and all necessary approvals from the county department of health shall be obtained prior to final approval of the CRD.

(LL No. 1, 2021, § 1)

A.

In accordance with subsection 278 of Article 16 of the New York State Town Law, the town board authorizes the planning board, simultaneously with the approval of a plat or plats, to approve cluster residential development subdivisions, subject to the conditions hereinafter set forth. In no instance shall the number of proposed dwelling units exceed the number permitted, as if the land were to be subdivided in accordance with the minimum lot size and density requirements of the district, unless otherwise permitted.

B.

The town board, pursuant to Section 278 of Article 16 of the New York State Town Law, authorizes the planning board to require that the developer submit an application which reflects and incorporates the objectives stated in this chapter and/or in Chapter 17.04 are met to a greater degree than if the development were permitted to occur in a conventional manner. The planning board shall comply with all procedures and requirements set forth in this chapter where implementing such power.

(LL No. 1, 2021, § 1)

As part of the CRD review process, the planning board may offer the services of its planning and design consultant to assist the applicant in creating a concept plan for the project. The intent of the option is to offer early facilitation of creative design solutions, operating outside of the more rigid process of typical plan review and comment. The option would include coordination with town staff and boards as appropriate. The cost of this option would be borne by the applicant and only upon agreement by the applicant. The option is available as a supplement to typical staff-town consultant review services with the goal of creating an enhanced project design and a more efficient and cost effective review process for the applicant.

(LL No. 1, 2021, § 1)

A.

Determining Base Density. "Base density" is measured as the number of lots permitted on one acre of the parent tract.

1.

Density Calculation Method. For the purpose of establishing the base density within the RU zoning district the following sliding scale shall be used:

a.

Round down fractional units of 0.5 or less and round up fractional units greater than 0.5. The resulting number is the "base density" allowed on the site.

2.

Yield Plan Method. For the purpose of establishing the base density within the R1 zoning district, the yield plan method shall be utilized to determine the maximum number of dwelling units allowed on a site. Yield plans shall meet the following requirements:

a.

A yield plan shall be prepared as a concept plat, in accordance with Chapter 16.08, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if no public sewer is available, the suitability of soils for subsurface sewage disposal.

b.

For the purposes of preparing the yield plan the minimum lot area utilized shall be such area as defined within the bulk and density control schedule (Chapter 17.16).

The planning board, at its sole discretion, must determine whether the layout shown on the yield plan is realistic, reflecting a development pattern that could reasonably be expected to be implemented under conventional subdivision review. The number of dwelling units identified on the yield plan then becomes the "base density" allowed on the site.

3.

Once the number of lots for a proposed CRD has been established, this number may be increased by up to fifteen (15) percent if permanent public access will be granted to the permanent open land and any associated improvements as delineated in this section. Also, a ten (10) percent increase may be granted if the applicant uses the minimum lot area as described in Section 17.28.040 as a maximum lot area in the proposed development.

4.

The density permitted by this section may be reduced as a result of the necessary land needed for septic and water systems as per county health department regulations.

B.

Conservation Analysis.

1.

As part of its preliminary plat submission, an applicant shall prepare a conservation analysis, consisting of inventory maps and photographs, a description of the land, and an analysis of the conservation value of the various site features. The conservation analysis shall show all lands with conservation value, including but not limited to the following:

a.

Constrained land;

b.

Open space and environmental resources;

c.

Buffer areas necessary for screening new development from adjoining parcels;

d.

Land exhibiting present or potential recreational, historic, ecological, agricultural, water resource, habitat, scenic, or other natural resource value;

e.

Land, that when considered together with land on adjoining parcels, would constitute a contiguous area or network of open space for the benefit of conserving the resources identified in sections (a) through (d) above.

2.

The planning board, town staff, and/or appropriate professionals retained by the town, shall conduct a site visit to review the applicant's conservation analysis for completeness and accuracy. The site visit may also be used by the planning board to help determine which of the lands identified as being of conservation value are most important to preserve.

3.

The conservation analysis shall describe the importance and the current and potential conservation value of all land on the site. In the course of its initial preliminary plat review, the planning board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.

4.

The outcome of the conservation analysis and the planning board's determination shall be incorporated into the approved preliminary plat showing land to be permanently preserved by a conservation easement. The preliminary plat shall also show preferred locations for intensive development as well as acceptable locations for less dense development.

5.

The final determination as to which land has the most conservation value and will be protected from development by a conservation easement, deed restrictions or other acceptable instrument shall be made by the planning board. Whenever the planning board approves a plat with protected open space, it shall make written findings identifying the specific conservation values protected and the reasons for protecting such land (the "conservation findings"). The planning board shall deny an application that does not include a complete conservation analysis sufficient for the board to make its conservation findings.

6.

If the planning board deems the proposed site to not include any constrained land, said application shall be denied.

(LL No. 1, 2021, § 1)

Any CRD shall conform to the following requirements which are regarded as minimum requirements:

A.

The CRD shall apply only to lands as specified in Section 17.28.020. It shall be determined that such development will not be detrimental to the health, safety or welfare of persons residing in the vicinity, or to property or improvements in close proximity. The proposed development shall create an attractive residential environment that is in conformity with the intent of this chapter and the town comprehensive plan (2006). A proposed CRD shall have a minimum contiguous acreage of:

B.

Such development shall be buffered in accordance with Section 17.36.200.

C.

All CRD plans shall be prepared with the competent professional assistance of a design engineer and shall be consistent with the spirit and intent of the BFZL.

D.

In areas without public water and sewer, any reduction in lot size allowed under this chapter shall be dependent on approval of the on-lot potable water and sewage disposal system by either New York State Department of Health, New York State Department of Environmental Conservation, or the Chemung County Department of Health.

E.

All the land not contained in the lot or the road right-of-way shall be of such size and shape as to be usable for recreation or agriculture or natural buffer areas. Such land shall either be preserved in accordance with Section 17.28.090 or:

1.

Offered for dedication to and accepted by the town; or

2.

Be held in corporate ownership by the owners of the lots within the development via a homeowner's association or other means. As part of this method, the developer shall incorporate into all of the deeds of the properties within the development, a clause giving to the owners an interest in such open land which shall be used for recreation, cultural or agricultural purposes only; or

3.

Be retained under separate ownership as an agriculture use, nature center, rod and gun club, government or stable. If retained under separate ownership, a clause shall be incorporated into the deed restricting the land to be used for recreation, cultural or agriculture use only. No structure save those incidental to the recreational, cultural, or agricultural use shall be permitted thereon.

F.

The open land left undeveloped after development shall be maintained in accordance with the development plan. Applicants shall provide copies of deed covenants for the prospective purchasers, or conservation easement with the town, describing land management practices to be followed by whichever party or parties are responsible for maintenance.

G.

Further subdivision of residual land, or its use for other than recreation, conservation, or agriculture, except for easements for utilities, shall be prohibited. Accessory structures to recreation, conservation, or agriculture may be erected on residual land, subject to the provisions of Chapter 17.32, site plan approval procedures.

H.

Construction shall start within one year of the date of approval and shall be completed within a time frame agreed to by the developer and the planning board. If such time frame is not met by the developer, no further building permits will be issued for the development unless an extension is approved by the town planning board prior to the expiration of the approved time frame.

I.

In the event that an organization established to own and maintain common property fails to maintain such property as prescribed, the town board may take action as prescribed by law.

J.

In accordance with subsection 278 of Article 16 of the NYS Town Law, when the final plat is filed with the county clerk, a copy of said plat shall be filed with the town clerk. The town clerk shall make appropriate notations and references thereto on the town zoning map. The town clerk shall make such notations and references as needed, but not less frequently than semi-annually.

K.

Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian and bicycling circulation. Permitted building locations or areas (building envelopes) shall be shown on the final plat.

L.

Roads built within the CRD shall conform to the construction requirements outlined in Title 12 of this code. These standards may be reduced at the discretion of the planning board and with approval of the town department of public works.

(LL No. 1, 2021, § 1)

Any development permitted on land located in a CRD that is not protected as open space shall not compromise the conservation value of such open space land.

A.

Conservation Value of Open Space. The open space protected pursuant to this Section must have "conservation value," which shall be determined during the conservation analysis described in subsection 17.28.070(B) above.

B.

Preservation by Conservation Easement.

1.

A conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to Section 247 of the General Municipal Law and/or Sections 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the town, with the approval of the town board, and/or to a qualified not-for-profit conservation organization acceptable to the town board. Such conservation easement shall be approved by the planning board after a hearing to determine the need for such and shall be required as a condition of final plat approval. The planning board shall require that the conservation easement be enforceable by the town if the town is not the holder of the conservation easement. The conservation easement shall be recorded in the county clerk's office and recording information (liber and page) shall be shown on the final plat prior to filing of the final plat in the county clerk's office.

2.

The conservation easement shall prohibit residential, industrial, or business use of open space land (except in connection with agriculture, forestry, and/or passive recreation), and shall not be amendable to permit any such use. At the discretion of the planning board, the conservation easement may permit public access, outdoor active recreation on the portion of protected open space comprised of unconstrained land or may be amendable to permit such use in the future, provided that the planning board finds such use would be compatible with the surrounding neighborhood and that it would not impair the conservation value of the land. Driveways, wells, underground sewage disposal facilities, (including constructed wetlands), local utility distribution lines, stormwater management facilities, trails, and agricultural structures shall be permitted on preserved open space land, provided that they do not impair the conservation value of the land. Forestry shall be conducted in conformity with applicable best management practices as described by the state department of environmental conservation's division of lands and forests.

3.

A land management plan, approved by the planning board, shall be included in the conservation easement. The conservation easement shall provide that if the town board finds that the management plan has been violated in a manner that renders the condition of the land a public nuisance, the town may, upon thirty (30) days' written notice to the owner, enter the premises for necessary maintenance, and that the cost of such maintenance by the town shall be assessed against the landowner(s) or, in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on such property or properties. Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations as determined under Section 17.28.070.

C.

Notations on Final Plat. Preserved open space land shall be clearly delineated and labeled on the subdivision final plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of lots in the subdivision and the public to the open space land. The final plat shall include deed recording information in the county clerk's office for the conservation easement.

D.

Ownership of Open Space Land.

1.

Open space land shall under all circumstances be protected by a conservation easement, but may be owned in common by a homeowner's association (HOA), offered for dedication to town, county, or state governments, transferred to a non-profit organization acceptable to the planning board, held in private ownership, or held in such other form of ownership as the planning board finds appropriate after a fact finding public hearing to properly manage the open space land and to protect its conservation value.

2.

If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:

a.

The HOA application must be submitted to the state attorney general's office before the approved subdivision final plat is signed and must comply with all applicable provisions of the general business law. The HOA must be approved by the state attorney general's office prior to issuance of the first certificate of occupancy from the code enforcement officer.

b.

Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.

c.

The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.

d.

Property owners must pay their pro rate share of the costs in (b) above, and the assessment levied by the HOA must be able to become a lien on the property.

e.

The HOA must be able to adjust the assessment to meet changed needs.

f.

The applicant may make a conditional offer of dedication to the town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the town, at the discretion of the town board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.

g.

Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

h.

The town attorney shall find that the HOA documents presented satisfy the conditions in subsections (a) through (g) above, and such other conditions as the planning board shall deem necessary.

(LL No. 1, 2021, § 1)

The approval procedure shall be the same as that for the approval of subdivisions as defined in Title 16 of this code. In addition, the developer shall conduct a concept plat review with the code enforcement officer prior to the submission of an application and at each level of approval provide the following information:

A.

Conservation analysis, as described in Section 17.28.070;

B.

A tabulation of the total number of acres in the proposed project; the percentage designated for each use area;

C.

Proposed location and acreage for a recreation area, natural watercourse and/or other open space;

D.

Proposed lots shall be laid out, to the greatest extent feasible, to achieve the following objectives:

1.

Focus development on site soils that are best suited for development and that can accommodate stormwater management and control and/or subsurface septic disposal in areas not provided with public sewer,

2.

Avoid disturbance of mature wood-lot and/or hedgerows,

3.

Preserve environmentally sensitive areas and/or unique site features,

4.

Located to least likely block or interrupt scenic vistas,

5.

Located where the greatest number of units could be designed to take maximum advantage of solar heating opportunities,

6.

Promote a more efficient and economical provision of utility services; and

7.

Shall conform with other criteria listed in Chapter 17.32.

E.

The planning board shall review the proposed cluster residential development for overall compliance with this section prior to the approval of the final plat.

(LL No. 1, 2021, § 1)

A public hearing, as specified in subsection 278 of Article 16 of the New York State Town Law, shall be held by the planning board regarding the CRD subdivision plat.

(LL No. 1, 2021, § 1)