Lewiston Town City Zoning Code
ARTICLE IX
Cluster Development
§ 360-64 Cluster developments.
A.
Purpose. The purpose of a cluster development shall be to enable and encourage flexibility of design and development of lands in such a manner as to enhance and preserve the natural and scenic qualities of open lands. This includes the preservation of unique or significant features of the site, including, but not limited to, a vegetative feature (i.e., important woods, etc.), wildlife habitat, endangered species area, unusual land formation or steep slope area of significance. It may also include an important view or aesthetic/scenic component of the Town. In some instances, the cluster development concept may be utilized to create an important recreational or scenic component for the community. It is not the intent of cluster development to create useless open space such as standard lawned areas or vacant fields.
B.
Subdivision regulations. All proposed cluster developments must also conform to the requirements of the Town's subdivision regulations.[1]
[1]
Editor's Note: See Ch. 306, Subdivision of Land.
C.
Standards for reviewing cluster developments. The Planning Board shall recommend denial of the use of cluster development which in its opinion does not meet these standards:
(1)
Individual lots, buildings, streets and parking areas, walkways and all other infrastructure shall be designed and situated to minimize alteration of the natural site features to be preserved.
(2)
Diversity, aesthetics and originality in lot layout and individual building design shall be used to achieve the best possible relationship between development and land.
(3)
Cluster open space intended for recreation or any public use shall be easily accessible.
(4)
Streets and walks shall be designed to provide safe and efficient pedestrian and vehicular circulation.
(5)
In general, cluster development shall not have an adverse effect upon adjacent property, the character of the neighborhood traffic conditions, utilities or other matters affecting public health safety and general welfare.
§ 360-65 Definition; discretion; conditions.
A.
"Cluster development" shall mean a subdivision plat or plats, approved pursuant to this article, in which the applicable zoning ordinance or local law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands where allowed.
B.
Cluster development shall not be a use allowed by right. It may be allowed at the discretion of the Town Board. The procedure set forth herein and the authorization of cluster development may be followed and allowed at the discretion of the Town Board if, and in the Town Board's judgment, its application would benefit the Town and meet the Town's goals and the objectives and the purposes of this article.
§ 360-66 Regulations.
A.
Cluster developments shall include no less than five acres of land.
B.
Cluster developments shall be allowed in any district permitting residential uses.
C.
Maximum density shall not exceed the maximum density permitted in the district in which the cluster development is placed.
D.
There shall be a fifty-foot buffer around the cluster development. This buffer is in addition to any required yards.
E.
Open space.
(1)
All lot reductions shall be compensated for by an equivalent amount of land in cluster open space or 30% of the gross acreage of the cluster development, whichever is greater.
(2)
At the Town's option, open space may be accepted by dedication and operated by the Town as a public recreational facility.
(3)
If open space is not dedicated to the Town, it shall be protected by formal arrangements, such as a homeowner's association or restrictive covenants, which are satisfactory to the Town Board and sufficient to assure its perpetual maintenance and preservation. These formal arrangements shall be approved by the Town Board prior to final plot approval.
(4)
Each dwelling unit shall have at least two off-street parking spaces.
§ 360-67 Procedures.
A.
Application. Applications for cluster development permits shall be submitted to the Building Inspector 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 Planning 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 (for allowing the use of cluster development) 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 the Building Inspector 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 than 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 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 accordance with the applicable regulations of this chapter. 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 lot coverage expressed as a percent of the site's total land area covered by improvements, including all impervious surfaces.
(d)
The total land area to be reserved for usable open space, divided between:
[1]
Land to be used as private open space; and
[2]
Land to be used as common open space.
(8)
The proposed yard setbacks for each unit and/or structure.
(9)
A drawing illustrating the maximum number of dwelling units which potentially could be built on the site, using a conventional subdivision design conforming to:
(a)
The design standards for private and/or public streets; and
(b)
The zoning regulations applicable to the zoning district(s) wherein such land lies.
(10)
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.
(11)
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.
(12)
An application for subdivision approval as required under this chapter.
(13)
Such other and further information or documentation as the Planning Board or the Code Enforcement Officer may deem to be necessary or appropriate for a full and proper consideration and disposition of the particular application.
B.
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.
C.
Action by Town Board. Within 62 days following the conclusion of the public hearing, the Town Board shall render its decision, either granting the use of cluster development; granting it subject to conditions; or denying the use of cluster development. 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 use of cluster development.
D.
If the use of cluster development is granted, the applicant will proceed to completing all of the requirements of the Town's subdivision approval process. The process of approving the use of cluster development takes the place of sketch plan.
E.
Limitations on permits for cluster developments. Subject to an extension by the Town Board, no approval for cluster development usage shall be valid for a period longer than one year from the date of issue unless final subdivision approval is received.
F.
Adjustments to cluster development during development. 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:
(1)
Altering the bulk of any one structure or altering the bulk of a number of similar structures by more than 5%.
(2)
Altering the location of any one structure by more than 10 feet or 0.1% 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.
(3)
Altering the boundary of any open space by more than 10 feet.
G.
Such minor adjustments shall be consistent with the intent and purpose of the Comprehensive Plan, this chapter and the approved cluster development plat, and shall be the minimum necessary to overcome the particular difficulty.
H.
Amendments to cluster developments. In addition to the minor adjustments authorized by 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 chapter (except that site plan review and approval pursuant to this chapter shall be required in connection with any such proposed amendment).
§ 360-68 Further restrictions; effect.
A.
The provisions of this article shall not be deemed to authorize a change in the permissible use of such lands as provided elsewhere in the this chapter applicable to such lands.
B.
Nothing herein shall supersede any requirements of the subdivision regulations in effect, which may impose additional requirements upon the developer for approval of the proposed subdivision.[1]
[1]
Editor's Note: See Ch. 306, Subdivision of Land.
C.
Further subdivision of an approved cluster development shall not be allowed. This shall be indicated on the final subdivision plat.