Cortlandville City Zoning Code
ARTICLE XII
Cluster Development
§ 178-63 Statement of intent.
A.
General.
(1)
It is the purpose of this article to inform developers of provisions pursuant to § 281 of Town Law that are hereby adopted by the Town of Cortlandville. The Town Planning Board is hereby authorized simultaneously with the approval of any plat within that part of the town, outside the limits of any villages, to modify applicable provisions of this chapter, subject to the conditions set forth in § 281 of Town Law and the special conditions of this article.
B.
Objectives.
(1)
This article permits developers to submit proposals to the Town Planning Board during subdivision review, that waive certain requirements of this chapter, but only for unique circumstances.
(2)
The Planning Board, in accordance with criteria in the subdivision regulations, may require that a proposal be of a cluster design.
(3)
It is the intent of this article to promote energy conservation, harmonious architectural design, better use of existing topography and natural features, recreational development, solar access and design, and to provide for economies inherent with cluster-type development.
§ 178-64 General conditions.
A.
This article shall apply to residential developments only.
B.
Density of dwelling units shall not exceed that permitted in the district in which the subdivision is located. This density shall be computed as follows:
C.
To be eligible for waiver of conditions, developer must show how the proposal meets the objectives of § 178-63B.
D.
The developer must submit for approval a plan for maintenance or ownership of common open space resulting from cluster development. This plan shall take the form of a homeowner's association. The article of formation of the association must be approved by the Town Board and Town Attorney. The Town reserves the right to take ownership of common open space at its option prior to approval of subdivision for cluster development.
§ 178-65 Permitted uses.
Permitted uses shall be as follows: all uses permitted in district.
§ 178-66 Waivers permitted.
§ 178-67 Types of construction permitted.
At the discretion of the Planning Board, dwelling units may be attached, detached or multistory, provided that height requirements are not exceeded.