Cornwall On Hudson City Zoning Code
ARTICLE V
Cluster Developments
§ 172-17 Cluster developments authorized.
The Planning Board may approve a cluster development in any residential district in accordance with site plan review and subdivision approval procedures and the requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of open space and to protect local ecology, major stands of trees, steep slopes, geological features and other areas of environmental value.
§ 172-18 Number of dwelling units permitted.
[Amended 7-16-1993 by L.L. No. 2-1993]
The maximum permitted number of dwelling units or building lots shall be determined by dividing the land area of the subject property by the normal minimum required lot area for single-family residences for said district as may be adjusted pursuant to this section and Article IV, Steep Slope and Soils Preservation. Prior to determining the number of dwelling units or building lots, the parcel to be developed shall be adjusted as follows:
§ 172-19 Types of dwelling units permitted.
The type of dwelling unit permitted within a cluster development shall be single-family residence, including attached or row dwellings owned in fee simple or any other arrangement. Specifically excluded are multifamily residences. The Planning Board may require perspective drawings of all proposed structures to ensure innovation and variety in the design and layout of dwellings.
§ 172-20 Permitted reductions.
Exclusive of attached or row dwellings, no lot shall be reduced in area below 15,000 square feet. There shall be no minimum lot width or required yards, except that minimums may be required in specific instances where determined necessary or appropriate by the Planning Board.
§ 172-21 Ownership of entire area required.
The area for cluster development shall be in a single ownership or under unified control throughout the review process.
§ 172-22 Service by Village sewer and water systems required.
Cluster developments shall be served by both Village water and sewer systems or appropriate systems approved by Village, county and/or state jurisdictions.
§ 172-23 Common open space.
All land within a cluster development which is not designed to serve as residential areas, roads or for other public purposes shall be set aside as common open space or recreation land. Resubdivision of such areas shall be prohibited.
A.
Natural features, such as waterbodies, marsh areas, steep slopes, forest areas, hilltops and rock outcrops, shall be preserved as common open space or recreational land.
B.
Adequate active year-round recreation facilities, such as tennis courts, swimming pools, play lots and fields, may be required if deemed necessary by the Planning Board during the course of site plan and/or subdivision review. The extent and type of facilities will depend upon the size and nature of the development.
C.
Common open space or recreation land may be deeded to a recognized conservation organization acceptable to the Village Planning Board or a homes association responsible for the continued ownership, use and maintenance of all common lands or by the formation of a park district or by the filing of covenants and restrictions, easements and/or scenic easements. Such shall be reviewed by the Village Attorney and approved by the Village Board.
D.
Except in those instances where the ownership of such areas is to be vested in an approved conservation organization, the following conditions shall be met relative to a homes association.
(1)
Membership in the association shall be mandatory for each dwelling unit or lot owner within the development or subdivision and for any successive dwelling unit or lot owner.
(2)
All restrictions on the ownership, use and maintenance of common land for open space or recreational use shall be permanent.
(3)
The association shall be responsible for liability insurance, local taxes and the maintenance of the common land for open space or recreational use.
(4)
Each dwelling unit or lot owner within the development or subdivision shall be made responsible for paying his proportionate share of the association's costs, and the assessment levied by the association shall become a lien on the dwelling unit or lot if not paid.
(5)
The association shall have the power to adjust assessments to meet changing needs.
(6)
In the event that the maintenance, preservation and/or use of the common land for open space or recreational use ceases to be in compliance with any of the above requirements or any other requirements specified by the Planning Board when approving cluster developments, the Village shall be granted the right to take all necessary action to assure such compliance and to assess against the association and/or each individual dwelling unit or lot owner within the development or subdivision all costs incurred by the Village for such purposes.
(7)
The establishment of such an association shall be required prior to the sale of any dwelling unit and/or lots within the development or subdivision.
§ 172-24 Other common land.
All other common land, in addition to land for open space or recreational use, shall be subject to the same conditions as are provided and shall be subject to approval by the Village Board.
§ 172-25 Required bond or cash deposit.
Prior to site plan approval and subdivision approval, the developer shall file with the Village Board a performance bond and/or cash deposit, as estimated by the Village Engineer, sufficient to cover the full cost of all recreation and park improvements shown on the site plan and a maintenance bond and/or cash deposit to insure the proper maintenance of all common lands. The amount and period of said bonds and/or cash deposit shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Village Board.