Newstead City Zoning Code
ARTICLE XVI
Open Development
§ 450-111 Intent.
The intent of this Open Development provision is to promote a development philosophy that helps to maintain the rural/agricultural character of the Town, to provide relief to landowners that wish to subdivide land which lacks adequate road frontage and to promote the more intensive development of portions of the Town designated for medium density growth in accordance with the 2003 Combined Comprehensive Plan adopted by the Town Board.
§ 450-112 Submission of development plan.
A.
Sketch plans will be submitted directly to the Planning Board, and the Town Board will be notified.
C.
The applicant shall be prepared to attend the next regular meeting of the Planning Board after official submission of the sketch plan.
D.
Open development projects will be subject to all of the Town's major subdivision standards, regulations and fees and subject to evaluation under the state SEQR regulations.
E.
Prior to further action, the Planning Board shall require professionally engineered plans submitted in appropriate scale showing all lot right-of-ways, drainage plans, public utilities and any other information deemed appropriate.
F.
The Planning Board may modify the development standards of any open development area prior to submission to the Town Board if, in the Board's judgment, the modification is in the public interest.
§ 450-113 Development standards.
A.
There shall be a minimum of 60 feet of road frontage for all existing parcels to be considered for development. "Existing" shall be defined as parcels identified by the Assessor's Office/maps at the time of passing of this article.
B.
For all future development, there shall be a minimum of a one-hundred-foot separation along the public road between the common driveway to an open development and any existing or proposed driveway and any public street or right-of-way. This condition will encourage efficient land use by eliminating exception lots and future frontage lots adjoining the open development.
C.
The maximum number of lots shall be determined by the size, location and character of the parcel in question.
D.
The minimum lot size in an open development shall be two acres each. No home may be built closer than 150 feet from a public road right-of-way and 45 feet from a private drive. The minimum width shall be 200 feet at the setback line.
E.
The common driveway for an open development area shall have a minimum right-of-way width of 36 feet. The paved surface shall consist of a minimum width of 20 feet of asphaltic pavement with a turnaround provided. The required pavement cross-section and turnaround shall comply with standards developed by the Town Engineer.
F.
Standards for water supply and fire protection will be developed jointly by the local Fire Departments, Town Highway Department and Town Engineer.
G.
Open developments must be a minimum of 100 feet from any existing structure.
H.
An access and maintenance agreement for common infrastructure and utilities within an open development area, acceptable to the Town Board, must be in place prior to final approval.
I.
No principal building within an open development area shall contain less than 2,000 square feet for a one-story structure and 2,500 square feet for a two-story structure. Only one single-family home per lot may be allowed.
J.
All other zoning requirements of the zone in which the open development area is approved must be met, including setback regulations and lot coverage requirements.
§ 450-114 Variances and waivers.
A.
If after public hearing and proper review the Town Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be served and the public interest secured.
B.
Any approved open development plan shall expire two years from the date of approval if major construction has not commenced.