West Bloomfield Town
City Zoning Code
City Zoning Code
ARTICLE XII
Cluster Developments
§ 140-63 Intent and purpose.
The purpose of cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to further the goals of the Town of West Bloomfield's Comprehensive Plan and enhance and preserve the natural and scenic qualities of open land. This includes the preservation of a unique or significant feature of a site such as important woods, wildlife habitat, endangered species, unusual land formations, or 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, scenic element or open space buffer for the community. In the AG District, cluster developments may also be used to preserve prime agricultural land. It is not the intent of cluster development to create useless open space that serves no purpose for the citizens of the Town. This development alternative shall result in design and development which promotes the most appropriate use of the land and facilitates the adequate, economical provision of streets and utilities.
§ 140-64 Grant of authority; applicability of certain conditions and processes.
Pursuant to the authority granted by § 278 of Town Law, the Town Board of the Town of West Bloomfield does hereby authorize the Planning Board of the Town of West Bloomfield to approve cluster development simultaneously with the approval of a plat or plats. Approval of cluster developments shall be subject to the conditions set forth in this chapter and in Town Law § 278, and the subdivision approval process set forth in the Code of the Town of West Bloomfield.[1]
[1]
Editor's Note: See Ch. 121, Subdivision of Land.
§ 140-65 Conditions for approval.
Cluster development shall not be a use allowed by right. The procedure set forth herein and the authorization of cluster development may be followed and allowed at the discretion of the Planning Board if, and in the Planning Board's judgment, its application would benefit the Town and meet the Town's goals and the objectives and the purposes of this article. The Planning Board may suggest submission of a cluster development proposal but may not require cluster development. In addition, an applicant may request Planning Board approval for a cluster development subject to the same criteria as set forth in this section.
§ 140-66 Location and land area requirements.
A.
Cluster development may be allowed in the following districts, if and when public sewer is available: R-1, R-2 and AG. A central sewer system may be utilized to serve the cluster subdivision at the discretion of the Planning Board and subject to all other codes applicable to such systems.
B.
The utilization of cluster development shall require a minimum land area of 10 acres.
§ 140-67 Density.
A cluster development shall result in a permitted number of building lots, which shall not exceed the maximum number which could be permitted, in the Planning Board's judgment, in the zoning district in which the cluster development lies.
§ 140-68 Dual plats required.
At the time of submission of the sketch or concept plan or in the event that the developer elects to submit a preliminary plan, at the time of such submission, two plans shall be submitted with one layout designating the layout of a standard subdivision in the underlying zoning district and the second layout showing the proposed cluster development.
A.
Each lot in the standard subdivision layout shall meet the minimum lot size and lot width requirements of the Zoning Law of the Town of West Bloomfield for the underlying zoning district.
B.
The standard subdivision layout shall be utilized to determine the maximum density for the cluster development and shall be consistent with federal, state and Town laws, including, but not limited to, laws regulating:
(1)
Floodways and floodplains;
(2)
Wetlands;
(3)
Subdivision regulations;
(4)
Zoning.
§ 140-69 Plat requirements.
The plat showing such cluster developments shall depict the areas within which such structures may be located with building footprints, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways, and any other features required by the Planning Board. The dwelling units, as permitted, may be, at the discretion of the Planning Board, in detached, semidetached, attached or multifamily structures.
§ 140-70 Layout limitations.
Areas which would not be available for construction on standard layout, in the judgment of the Planning Board, must be preserved as open space on the standard subdivision plan, including, but not limited to:
A.
Portions required for set-aside for drainage basins or drainage purposes;
B.
All streets and rights-of-way (public or private);
C.
Major utility easements and portions of the developed area which are not available for building because of slopes, soil conditions, or other conditions rendering the area not suitable for development.
§ 140-71 Additional requirements.
In addition to the above, cluster developments shall meet the following criteria, which shall not be waived by the Planning Board absent a variance from the Zoning Board of Appeals:
A.
A cluster development shall never set aside less than 30% of the total area of the development for common usage in accordance with the provisions of this chapter (exclusive of lands not available for the conventional layout).
B.
No structure shall exceed 35 feet in height.
C.
No structure in a cluster development shall be closer to a preexisting street than a structure in a standard subdivision.
D.
Frontage and lot area shall be determined by the Planning Board based upon the permissible number of dwelling units, the open space requirements, and compliance with the regulations of this section. However, no lot width for a detached single-family dwelling shall be reduced to less than 60 feet;
E.
No rear yard shall have a depth of less than 20 feet.
F.
The minimum width of any side yard shall be 10 feet.
G.
All structures shall be set back a minimum distance of 45 feet from the center line of the street.
H.
In addition, for attached single-family dwelling units, and semidetached and detached dwelling units and townhouse units, two units or greater, the following requirements shall be met:
(1)
These units shall be separated from any existing detached single-family homes by a minimum of 100 feet. Other buffering requirements, such as landscaped berms, may also be required.
(2)
The maximum group length of a single structure shall be 160 feet.
(3)
Proper garbage and waste collection areas must be provided and depicted on the proposed plan.
(4)
A minimum of two off-street parking spaces shall be provided for each unit, either on the lot of each unit or in common parking areas available within 300 feet of the unit for which it is intended. In certain circumstances where adequate on-street parking cannot be provided for visitors, a visitors' parking area may be required by the Planning Board.
(5)
Sidewalks or other types of walkways may be required along the roadways or connecting features within the development. Such connectivity shall be developed as part of the project.
(6)
All electrical and telephone lines shall be placed underground within the development.
(7)
Applications for these types of developments must include sample architectural elevations of the buildings being proposed for the site. In reviewing these, the Planning Board shall take into consideration their appearance relative to surrounding uses and the impacts on the views from surrounding properties.
(8)
All new roads and utilities being created for a condominium ownership development shall be owned and maintained by the condominium association unless specifically waived by the Town Board.
§ 140-72 Open space.
A.
In reviewing proposed cluster developments, the Planning Board shall evaluate subdivision layout with respect to scenic views, natural landscape features, topography of the site, woodlands, wetlands, other features of the site and other adjacent areas and shall require development in a fashion and manner which it finds will enhance and preserve such features, including, but not limited to:
(1)
Lands adjacent to public parks and other publicly accessible open space.
(2)
Lands adjacent to other dedicated open space areas on adjacent parcels.
(3)
Buffer lands between adjacent active agricultural uses, industrial uses, commercial uses and residential development.
(4)
Lands adjacent to important streams, rivers and creeks.
B.
The Planning Board may require additional amenities, enhancement of, changes to configuration of and location of open space, to enhance the benefits to the residents and/or the Town derived from the cluster development. Failure or refusal to include such requirements shall result in disapproval of the proposed plan.
C.
The community open spaces shall be clearly depicted upon the subdivision plan and shall be provided in as large a contiguous land area as possible. The developer shall illustrate on the subdivision plan all improvements to the community open space, including trails, landscaping, incorporation of natural features, recreational facilities, and structures, including clubhouses, pools, tennis courts, etc.
D.
As part of the preliminary plan, the developer shall specify the type of development (condominium, townhouse, landowner's association, etc.) and shall offer basic regulations which will be incorporated into the open space plan.
E.
At the time of final subdivision approval, the developer shall include a draft of the homeowners' association, condominium offering, or other method utilized to preserve the community open space. Said documents shall clearly provide for a means to fund and preserve the common areas in the intended fashion. Any final approval shall be conditioned on approval of the documents by the Town Attorney, proper recording, and adequate funding of the legal entity controlling common areas.
F.
All improvements to the community open spaces required to enhance, preserve and make accessible shall be a condition of approval and shall be completed prior to issuance of any building permits in the development. Where the Planning Board finds it necessary, it shall require the posting of a bond or cash deposit in an amount necessary to assure completion and maintenance until the homeowners' association is sufficiently funded to assure such maintenance.
§ 140-73 Further restrictions.
A.
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided elsewhere in the Zoning Law of the Town of West Bloomfield 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.
C.
Further subdivision of an approved cluster development shall not be allowed. This shall be indicated on the final subdivision plat and recorded with Ontario County.
Cluster Developments in Zoning Districts  |