Ellenville City Zoning Code
ARTICLE VII
Cluster Developments
§ 227-59 Approval allowed; purpose.
[Amended 1-23-2006 by L.L. No. 1-2006; 10-10-2006 by L.L. No. 14-2006]
The Planning Commission may approve cluster developments in R-A or R-1 Districts, subject to the issuance of a special permit in accord with §§ 227-125 through 227-130 hereof and the procedures and requirements specified below. The purpose of such regulations is to provide flexibility in 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 provide incentives for clustering by allowing such development at a density greater than that otherwise permitted in the same district. Cluster developments may include single-family homes or multifamily dwellings in accord with the regulations and standards which follow.
§ 227-60 Minimum site areas.
[Amended 1-23-2006 by L.L. No. 1-2006; 10-10-2006 by L.L. No. 14-2006]
The minimum total site area for a cluster development shall be 10 acres in the R-A District and five acres in the R-1 District.
§ 227-61 Maximum density.
A.
The maximum number of single-family lots or multifamily dwelling units that may be permitted on a site shall be computed by subtracting from the total gross area a fixed percentage of 15% in the R-A District and 20% in the R-1 District and multiplying the resulting acreage by the appropriate density per acre as set forth below. Land shall not be considered part of the total gross area if it is located within the floodway, as delineated on the Flood Boundary - Floodway Map referred to in §§ 227-65 and 227-66 hereof, or if it is occupied by a public utility easement which prevents its use.
Density per acre | |||
|---|---|---|---|
District | |||
Type of Dwelling Unit | R-A (acres) | R-1 (acres) | |
Single-family homes | 1 | 5 | |
Apartments or row houses[1] | 2 | 8 | |
[1]
Editor's Note: Former Subsection B, added 1-23-2006 by L.L. No. 1-2006, which immediately followed and provided a maximum density for properties located in the R-2 District east of Sandburg Creek, was repealed 10-10-2006 by L.L. No. 14-2006. For current provisions, see § 227-58.1.
§ 227-62 Lot and yard size; utility and sanitary systems.
No minimum size for individual lots and yards is required. However, all lots must receive all necessary approvals for utility service and sanitary disposal systems.
§ 227-63 Buffers and setbacks.
[Added 1-23-2006 by L.L. No. 1-2006; amended 10-10-2006 by L.L. No. 14-2006]
Regardless of individual yard sizes within the development, all single-family homes shall be set back from abutting property a distance of at least 50 feet in the R-A District and 25 feet in the R-1 District. Apartments or row houses shall be set back from abutting property a distance of at least 75 feet in the R-A District and 50 feet in the R-1 District.
§ 227-64 Open space.
Each cluster development shall include one or more parcels of permanent common open space, at least one acre in size, equal to 20% of the total site area in the case of a single-family subdivision and 33% of the total site area in the case of apartments or row houses.
§ 227-65 Application for special permit before building permit issuance.
Prior to the issuance of a building permit in a cluster development, an application for a special permit shall be submitted to and approved by the Planning Commission, in accordance with the provisions of §§ 227-125 through 227-130 and the following requirements:
A.
A statement setting forth the nature of all proposed modifications of existing zoning provisions shall be submitted.
B.
If appropriate, review and approval by the Planning Commission in the manner prescribed in the Subdivision Regulations[1] of the Village of Ellenville may be undertaken concurrently with the approvals required herein.
[1]
Editor's Note: See Ch. 200, Subdivision of Land.
§ 227-66 Organization of homeowners' association required.
In order to assure proper maintenance of common lands, a cluster development shall be organized as a homeowners association, cooperative or condominium approved by the Village Attorney as satisfying the intent of this chapter.
§ 227-66.1 Cluster development in R-1A Districts.
[Added 9-12-2005 by L.L. No. 11-2005]
A.
The Planning Board is authorized to approve cluster development in the R-1A District, as a use permitted by right, subject to site plan approval and the provisions of §§ 227-59, 227-60, 227-62, 227-65A and B and 227-66, as well as the standards which follow.
B.
Density. The number of dwelling units that may be permitted on a site shall be determined as follows:
(1)
The following lands with development constraints shall be deducted from the gross site area:
(a)
All lands within the right-of-way of existing overhead public utility transmission lines.
(b)
All lands within designated floodways.
(c)
Fifty percent of all lands within designated floodplains.
(d)
One-third of all lands with slopes between 15% and 25% and a relief of 15 feet or more.
(e)
Two-thirds of all lands with a slope in excess of 25% and a relief of 10 feet or more.
(2)
The resulting area shall be reduced by a fixed amount of 10% to account for necessary public or private streets.
(3)
The maximum number of dwelling units allowed on the net site area calculated above shall be five units per acre for single-family homes and eight units per acre for row houses.
C.
Housing mix and design guidelines. In its review of applications under this section, the Planning Board shall consider the creation of a diversity of housing types and architectural design. In doing so, it shall use the following guidelines and standards:
(1)
In developments of 25 dwelling units or more, at least 7% of the dwelling units shall be single-family detached homes. For each single-family home provided in excess of the seven-percent requirement, the area of open space with a slope of less than 15%, as set forth in Subsection E(3) below, may be reduced by 5,000 square feet.
(2)
Individual structures shall not exceed three stories or 35 feet.
(3)
Architectural design should utilize a variety of styles, materials, and colors of facades and provide varied roof types to create a diversified streetscape and avoid repetitive views.
D.
Access. Any development of more than 25 dwelling units shall have at least two access points to an external public street. Each such street shall have the ability to accommodate the additional traffic generated by the project with a level of service of D or better for all approaches.
E.
Open space.
(1)
At least 1/3 of the gross area of any site developed under these cluster provisions shall be set aside as permanent common open space for use by all site residents. Such open space shall not include land within 25 feet of any residential structure and shall be designed to create an integrated system of open space throughout the site.
(2)
No more than 50% of such open space shall consist of lands with more than 25% slope or in a floodway or floodplain.
(3)
At least 750 square feet of such open space, per dwelling unit, shall be located on lands with a slope less than 15%.
(4)
The area of facilities devoted to active recreation such as, but not limited to, swimming pools, tennis courts and playgrounds, including structures accessory thereto, may be used to satisfy the open space requirement at a 3:1 ratio (i.e., one acre of active recreation equals three acres of passive open space).
(5)
The number of dwelling units permitted on the site may be increased by five for each acre of open space, which is reserved for access to and use by the general public.
(6)
Open space and active recreation facilities shall be provided at generally the same rate as development of dwellings, as determined by the Planning Board.
§ 227-66.2 Affordable housing in cluster development.
[Added 9-12-2005 by L.L. No. 11-2005]
A.
Intent. The Village Board hereby recognizes that opportunities to secure safe, adequate housing in the Village of Ellenville are limited for certain people, particularly senior citizens, young families and families of limited income. The Board finds that it is in the interest of the Village to promote housing opportunities for such people in new development, approved under the Village's zoning and subdivision laws, that benefits from increased density under the provisions for cluster development. The Board's goal is to establish a process and guidelines which will provide opportunities for both flexibility and innovation in accomplishing this objective.
B.
Applicability. The provisions of this section shall apply to cluster development as permitted in the R-A, R-1A, and R-1 Districts.
C.
Standards and procedures.
(1)
Required proportion of affordable units. In any cluster development containing at least 10 new or substantially rehabilitated housing units, at least 10% of such units shall be designated affordable in accord with the definitions and standards continued herein.
(2)
Standards.
(a)
All affordable housing units shall be physically integrated into the design of the development. Affordable housing units shall be constructed to the same quality standards as market-rate units. The exterior finishes for affordable units shall be indistinguishable from all other units. The developer may, however, substitute different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit.
(b)
All affordable housing units shall generally be physically distributed throughout the development in the same proportion as other housing units, though the Planning Board may use discretion in reviewing and approving distribution.
(c)
To be eligible to purchase or rent an affordable housing unit, the household's aggregate annual income must be between 80% and 120% of the Ulster County median family income for a family of a particular size as determined annually by the United States Department of Housing and Urban Development (HUD).
D.
Housing plan. Prior to approval of any application subject to the provisions of this section, the applicant shall submit a proposed housing plan to the Village Board that demonstrates how the following objectives will be achieved:
(1)
Among income-eligible households, preference to purchase or rent affordable housing units shall be given to the following types of households in an order deemed appropriate by the Village Board:
(a)
Employees of the Village of Ellenville, Town of Wawarsing or Ellenville School District.
(b)
Members of the Ellenville Volunteer Fire Department and First Aid and Rescue Squad.
(c)
Elderly (62 or older) or disabled residents of the Village and Town.
(d)
Honorably discharged US veterans who are residents of the Village or Town.
(e)
All other residents of the Village or Town.
(2)
The housing plan shall include procedures and regulations regarding the following:
(a)
Methods to determine sale and rental prices for affordable units.
(b)
Procedures to regulate resale prices of affordable units.
(c)
Proposed phasing of affordable units in relation to phasing of the total development.
(d)
Use of any other procedures deemed appropriate to comply with the intent of this section.
E.
Approval.
(1)
The housing plan shall be reviewed by the Planning Board and approved by the Village Board prior to approval of any site plan, subdivision or special permit for which a housing plan is required.
(2)
The Planning Board shall include mention of such housing plan in the notice of any required public hearing on the application.
(3)
As part of any approval of the housing plan, the Village Board may require modifications to such housing plan to further the intent of this section.
F.
Administration. The Village Board or its designee shall be responsible for the administration of the affordable housing program. The administrative agency shall perform the following duties:
(1)
Accept and review applications;
(2)
Maintain eligibility priority list, annually certify and recertify applicants;
(3)
Establish lottery procedures for selecting applicants that have equal priority;
(4)
Assist Village Board/Planning Board in determining and reviewing applications to build affordable units;
(5)
Recommend annual maximum income limits; rental prices; resale values;
(6)
Review certification from owner and lessors of rental units certifying that units are occupied by eligible families;
(7)
Maintain list of all affordable units in the Village;
(8)
Review all deed restrictions for affordable units;
(9)
Review all lease terms for affordable units; and
(10)
Promulgate rules and regulations as necessary.
G.
Fees. Upon authorization of the Village Board, all or a portion of planning, zoning and building fees related to provision of affordable housing units may be waived.
