Grand Island City Zoning Code
ARTICLE XXVII
Cluster Developments
§ 407-123 Authority; purpose.
A.
Authority. The Town Board may, subject to the procedures, standards and limitations hereinafter set out, permit, simultaneously with the approval of a subdivision plat, deviations from the zoning requirements established by this code governing the average density of population permitted in the zoning district where such land lies.
B.
Purpose. Cluster development procedures are established to provide an administratively uncomplicated method to permit minor modifications of the yard, bulk and space requirements, other than minimum open space requirements, minimum lot area per unit and per bedroom requirements and lot coverage requirements, applicable in the various districts established by this code. Cluster development permits the grouping of structures in order to plan more usable open space or to preserve open space or historic or scenic features without exceeding overall density or land coverage requirements.
§ 407-124 General criteria.
A.
Cluster development shall be permitted within all R, B and the Town Center Business Districts.
[Amended 3-7-2011 by L.L. No. 1-2011]
B.
The minimum development area for cluster developments shall be 10 acres.
C.
The maximum density for the entire subdivision shall not exceed the maximum density permitted in the underlying district.
D.
All lot reductions shall be compensated for by an equivalent amount of land in cluster open space to be preserved and maintained for its scenic, recreation or conservation value.
§ 407-125 Open space requirement.
A.
At least 25% of the total acreage is to be developed to common, permanent open space. The open space shall be reserved and maintained as a natural area, landscaped park or recreational space and included in the Open Space (OS) District.
B.
The Town Board may also require an additional dedication of up to 10% of the land within the cluster development for public park, water access or recreation purpose. This land shall be included in the Open Space (OS) District. Under certain conditions, the Town Board may require the payment of a recreation fee per unit in lieu of the dedication of parkland.
C.
Where applicable, an upland buffer of vegetation of at least 50 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds, shall be maintained.
D.
If the cluster open space is not dedicated to the Town, the land shall be protected by legal arrangements, satisfactory to the Town Board, sufficient to assure its maintenance and preservation for whatever purpose intended. Covenants or other legal arrangements shall specify:
(1)
Ownership of the cluster open space.
(2)
Method of maintenance.
(3)
Responsibility for maintenance.
(4)
Maintenance taxes and insurance.
(5)
Compulsory membership and compulsory assessment provisions.
(6)
Guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the Town Board.
(7)
Any additional specifications deemed necessary by the Town Board.
E.
All cluster open space shall be considered taxable unless deeded to the Town of Grand Island.
§ 407-126 Application procedures.
A.
Application. Applications for cluster development permits shall be submitted to a Code Enforcement Officer and reviewed by the Planning Board. Within 31 days following the submission of the application, or such longer period as may be agreed to by the applicant, or which may be extended by the Planing Board if more information is required by the Planning Board, the Planning Board shall, with such aid and advice of the various departments and bureaus of the Town as may be appropriate, review the application and submit its recommendation to the Town Board. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by a Code Enforcement Officer but shall in all instances contain at least the following information and documentation:
(1)
The applicant's name and address and his interest in the subject property.
(2)
The owner's name and address, if different that the applicant, and the owner's signed consent to the filing of the application.
(3)
The name, residence and the nature and extent of the interest, as defined by § 809 of the General Municipal Law of New York, of any state officer or any officer or employee of the Town or the county in the owner-applicant or the subject property if known to the applicant.
(4)
The street address or legal description of the property.
(5)
The Zoning classification and present use of the subject property.
(6)
A written statement generally describing the proposed cluster development, the housing types to be permitted and the market which it is intended to serve; its relationship to the Comprehensive Plan; and how the proposed cluster development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of this code. The statement shall include a description of the applicant's planning objectives and the rationale governing the applicant's choices of objectives and approaches.
(7)
A tabulation of the following information:
(a)
The total land area of the site, expressed in square feet.
(b)
A total number of dwelling units proposed, by type of structure and number of bedrooms.
(c)
The proposed number of off-street visitor parking spaces.
(d)
The total land area to be developed for private street purposes.
(e)
The total land area to be reserved for public rights-of-way.
(f)
The proposed lot coverage, expressed as a percent of the site's total land area covered by improvements, including all impervious surfaces.
(h)
The proposed density of population, expressed as an average of the total square footage of the site's land area, excluding land used for private streets and/or public right-of-way, per proposed dwelling unit.
(i)
The proposed yard setbacks for each unit and/or structure.
(8)
A drawing illustrating the maximum number of dwelling units which potentially could be built on the site, using a conventional subdivision design conforming to:
(9)
A statement that the maximum permitted number of units and the maximum permitted lot coverage are not exceeded by the proposed cluster development and that the minimum required area of open space is provided.
(10)
A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.
(11)
Proof of continued maintenance of common open space by deed restriction or homeowners' association agreement for developments where any or all required open space is provided on a lot held in common by all lot owners.
(12)
An application for site plan approval as required by this code.
(13)
Such other and further information or documentation as the Planning Board or a Code Enforcement Officer may deem to be necessary or appropriate for a full and proper consideration and disposition of the particular application.
B.
The failure of the Planning Board to act within 31 days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development plan as submitted.
C.
Within 31 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, a public hearing shall be set, advertised and conducted by the Town Board.
D.
Action by Town Board. Within 62 days following the conclusion of the public hearing, the Town Board shall render its decision, either granting the application for cluster development approval; granting it subject to conditions; or denying the application. The failure of the Town Board to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application.
E.
Requirements for cluster developments:
(1)
Authorized uses. No use shall be authorized by a cluster development permit except uses permitted or permissible in the district in which such development is to be located. Approval of a cluster development for a use requiring any special approval shall not excuse the requirement of obtaining such special approval.
(2)
Density and coverage. No permit for cluster development shall authorize any increase in the overall density or intensity of development nor any increase in the overall lot coverage permitted by the district regulations applicable in the district in which such development is to be located. All land which is undevelopable under state, federal or local laws, shall be excluded from density, intensity and lot coverage calculations.
(3)
Standards. A permit for cluster development shall be granted only if evidence is presented which establishes:
(a)
That the proposed development will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan and the Town Code.
(b)
That the proposed building or use complies with all applicable regulations of this code except as modified pursuant to the authority of this article.
(c)
That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
(d)
That the proposed development will be served adequately by essential public facilities and services such as highways, roads, parking, sidewalks/trails, police and fire protection, drainage structures, refuse disposal, water and sewers and schools.
(e)
That the proposed cluster development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the developments and use of neighboring property in accordance with the applicable district regulations.
(f)
That the proposed cluster development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
(g)
Lots shall be of an adequate size for the proposed dwelling units.
F.
Conditions on cluster developments. The Town Board may impose such conditions upon the premises benefitted by a permit for a cluster development as may be necessary to ensure its compatibility with other development in the neighborhood. Such conditions shall be expressly set forth in the resolution authorizing the cluster development and in the permit therefor. Violation of such conditions shall be a violation of this code.
G.
Affidavit of compliance with conditions. Whenever any cluster development permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with a Code Enforcement Officer so stating. Such affidavit shall be accompanied by a nonrefundable fee, as established from time to time by the Town Board, to help defray the cost of an inspection to verify that such conditions have been met.
H.
Effect of issuance of cluster development approval:
(1)
The approval of a cluster development shall, upon the filing of a plat of such development with the Recorder of Deeds of Erie County, constitute an amendment of the bulk, space and yard regulations of this code applicable to such development, and thereafter such plat shall constitute the bulk, space and yard regulations applicable to such development.
(2)
However, the approval of a cluster development shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of application for any permits or approvals which may be required by the codes and ordinances of the Town, including, but not limited to, a permit for a special permit use, a building permit, a certificate of occupancy and subdivision approval.
I.
Limitation on permits for cluster developments. Subject to an extension by the Town Board, no approval for a cluster development shall be valid for a period longer than one year from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.
J.
Adjustments to cluster development during development:
(1)
During the development of a cluster development the Planning Board may authorize minor adjustments to the approved cluster development when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. No such minor adjustment shall authorize the violation of any of the requirements set forth in Subsection E of this section nor result in:
(a)
Altering the bulk of any one structure or altering the bulk of a number of similar structures by more than 5%.
(b)
Altering the location of any one structure or group of structures by more that 10 feet or 1/10 of the distance shown on the plat between such structure or structures and any other structure or any vehicular circulation element or any boundary of the cluster development, whichever is less.
(c)
Altering the boundary of any open space by more than 10 feet.
(d)
Reducing the total amount of open space by more than 5% or reducing the yard area or open space associated with any single structure by more than 5%.
(2)
Such minor adjustments shall be consistent with the intent and purpose of the Comprehensive Plan, this code and the approved cluster development plat, and shall be the minimum necessary to overcome the particular difficulty.
K.
Amendments to cluster developments. In addition to the minor adjustments authorized by Subsection J above, an approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this code, except that site plan review and approval pursuant to this code shall be required in connection with any such proposed amendment.