Cluster housing, including townhouse development, in the Town of Colden, shall be considered a subdivision and shall require the final approval of the Town Board pursuant to its administration of Chapter 92, Subdivision of Land, of the Code of the Town of Colden.
A.
Minimum development area. Cluster housing shall apply to a subdivision of not less than 10 acres in area. For purposes of this article, the area of the subdivision shall include the area that the Town Board requires to be set aside and dedicated to the Town of Colden for park and recreation purposes as described in Subsection G below.
B.
Service by utilities. All cluster housing shall be served by a system
of public utilities.
C.
Minimum lot size. The required minimum lot area for single-family
detached dwellings may be reduced to no less than 6,000 square feet,
provided that any and all such area reduced per single-family detached
dwelling in the subdivision shall be restricted on the subdivision
plat for park and/or recreational purposes of an active and/or passive
nature.
D.
Minimum yards. Where the required minimum lot area has been reduced pursuant to Subsection C above, the following yard requirements shall be minimum:
E.
Maximum height of buildings: 2 1/2 stories not to exceed 35
feet.
F.
Maximum density. The maximum density for the entire subdivision,
whether designed for cluster housing for single-family detached dwellings
or townhouses, or a combination thereof, shall not be more than the
minimum density permitted in the district where the property is located.
If the property is in two different density districts, an average
of the density is taken.
G.
Maintenance of common area.
(1)
Nothing herein shall prevent the Town Board from requiring that 10% of the entire subdivision be set aside for park and recreation purposes nor, in lieu thereof, the payment of a recreational fee per dwelling unit as established by the Town Board, in addition to the private land assembled in common as the result of the clustering process referred to in Subsection C.
(2)
Provisions satisfactory to the Town Board shall be made to assure
the proper maintenance of all nonpublic areas and facilities for the
common use of occupants of any cluster housing development, including
townhouses, but not in individual ownership of such occupants, without
expense to the general taxpayers of the Town of Colden. The instrument
incorporating such provisions shall be approved by the Town Attorney
of the Town of Colden as to form and legal sufficiency before any
approval action is taken by the Town Board.
H.
Variances and modifications.
(1)
Where the Town Board finds that, because of unusual circumstances
of shape, topography or other physical features of the land or because
of the nature of the adjacent developments, extraordinary hardships
may result from the strict compliance with these regulations, it may
vary the regulations so that substantial justice may be done and the
public interest secured, provided that no such variation shall be
granted which will have the effect of nullifying the intent and the
purpose of the Master Plan, the Zoning Code or any other law or ordinance
of the Town of Colden.
(2)
In granting variances and modifications, the Board may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or modified.
In addition to other regulations for townhouses contained in
this chapter, the following special regulations shall apply to townhouse
development in the Town of Colden:
A.
Grouping length. A grouping of townhouses shall not exceed 160 feet
in length.
B.
Height. The maximum height for any townhouse shall be 2 1/2
stories, not to exceed 35 feet.
C.
Minimum development area and maximum density. The minimum size of the site to be developed for townhouses shall be five acres; and the maximum density shall be in accordance with § 108-93F.
D.
Lot area for each townhouse. No townhouse lot shall contain an area
of less than 2,000 square feet, and the average size for a group of
townhouse lots shall not be less than 2,200 square feet. Each townhouse
shall have its foundation on its individual lot, except where the
townhouse units are separated by a common wall, in which event the
foundation may be installed equidistant on each side of the lot line
for the length of a party wall and its extension along the offset
of the townhouses on abutting lots.
E.
Minimum yards. Minimum yards shall be as follows:
(1)
Front yard: 35 feet.
(2)
Side yard. A minimum side yard of 10 feet shall be provided between
the end of a group of townhouses and an interior side lot line and
35 feet between the end of such group and a public or private street
or road, such thirty-five-foot setback to be unencumbered by walls,
fences or other structures or buildings. A spacing of 20 feet shall
be provided between each group of townhouses, and an additional 10
feet shall be required for each driveway provided between such groups.
Such separation between such groups shall be unencumbered by wall
or other structures or other obstructions which will prevent emergency
vehicular access between such groups.
(3)
Rear yard: not less than 25% of the lot depth; provided, however,
that no rear yard shall have a depth of less than 20 feet.
F.
Street frontage. Each townhouse lot must have a clear, direct frontage
on a public street or road or to accessways complying with private
street or road requirements.
G.
Utilities and services. Each townhouse shall be independently served
by separate heating, air-conditioning, sewer, water, electricity,
gas or other facility and utility services, wherever such utilities
and services are provided; and no townhouse shall be in any way dependent
upon such services or utility lines located within another unit or
on or in another townhouse or townhouse site, except as may be installed
in public easements. All townhouses must be connected to public water
and sewer lines and all electrical and telephone lines in a townhouse
development site shall be placed underground. Proper and adequate
access for fire-fighting purposes and access to service areas to provide
garbage and waste collection and for other necessary services shall
be provided.
H.
Parking facilities. A minimum of two off-street parking spaces shall
be provided for each townhouse. Such parking spaces may be provided
on the lot of the townhouse or in a commonly owned and maintained
off-street parking facility, provided that no parking space shall
be more than 150 feet, by the most direct pedestrian route, from the
door of the townhouse it is intended to serve. Where on-site parking
space is provided in the front yard area, it shall be limited to two
parking spaces and the balance of the front yard shall be landscaped.
Each townhouse must provide its own off-street parking area and driveway
thereto where on-site off-street parking is to be provided.
I.
Street/road right-of-way improvements. The right-of-way width of
public streets/roads and private streets/roads, where permitted by
the Town Board, serving a group of townhouses and the improvements
therein shall conform to all applicable minimum Town of Colden standards
and requirements for such streets/roads.
J.
Walls, fences, buffering. All patio, outdoor living areas on each
townhouse lot shall be enclosed by a wall, fence or dense hedge affording
complete screening. In the plat review process, the Town Board may
modify this requirement as to type and extent of such enclosure on
any townhouse lot while assuring the intent of such enclosure to provide
adequate outdoor privacy on each townhouse lot. Where provided, such
wall, fence or dense hedge shall be six feet in height with a life
expectancy of not less than 20 years. All walls or fences erected
pursuant to this provision shall be solid structures which afford
visual privacy. A walled-in patio may include a roof. All rear yard
areas used for service shall be completely screened from view from
the street and from adjoining lots by walls, fencing or dense landscaping.
K.
Patios and service areas. There shall be provided on each townhouse
lot at least 250 square feet of patio living area exclusive of parking
and service areas.
L.
Recreation space.
(1)
Nothing herein shall prevent the Town Board from requiring that 10% of the entire subdivision be set aside for park and recreation purposes and dedicated to the Town of Colden for such purposes nor, in lieu thereof, the payment of a recreational fee per dwelling unit as established by the Town Board, in addition to the recreation space provided for in the following Subsection L(2).
(2)
There shall be provided on the site of each townhouse development
an area or areas devoted to the joint or common recreational use by
the residents thereof. Such recreation space shall consist of not
less than 500 square feet of space per dwelling unit. Each such recreation
space shall be developed for passive and active recreation purposes
and include the facilities normally attendant thereto.
M.
Site plan specifications.
(1)
As part of the supplementary data required for Town Board review
of a proposed townhouse development, a scaled and dimensioned site
plan of the development, a typical tentative plan showing front elevations
of proposed townhouses and typical tentative floor plans of proposed
townhouses, prepared by a licensed architect, shall be submitted to
the Town Board. If the subdivision plat for townhouse development
receives final approval by the Town Board, the townhouse development
shall be in accordance with such approved plat.
(2)
The site plan shall include but shall not be limited to location
of buildings in relation to property and lot lines, off-street parking
spaces and bays; patio and service areas, including garbage disposal
areas;, landscaping, walls or fences or hedges; public streets/roads;
driveways; all common facilities; open space and walkways; and utilities
showing the same underground where such is required. In addition,
lot size, percentage of building ground coverage and open space, square
footage of each townhouse and its patio living area, density, etc.,
shall be included as data on such plan.
(3)
If, after final approval of a plat, a substantial change therein
is desired, such request for such change may be filed with the Town
Board, which shall consider such requested change pursuant to its
procedures for amendment to an approved plat.
N.
Variances and modifications.
(1)
Where the Town Board finds that, because of unusual circumstances
of shape, topography or other physical features of the land or because
of the nature of the adjacent developments, extraordinary hardships
may result from the strict compliance with these regulations, it may
vary the regulations so that substantial justice may be done and the
public interest secured, provided that no such variation shall be
granted which will have the effect of nullifying the intent and the
purpose of the Master Plan, the Zoning Code or any other law or ordinance
of the Town of Colden.
(2)
In granting variances and modifications, the Board may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or modified.
