Town of Evans, NY Article XI Supplementary Regulations

[Added 1-16-2002 by L.L. No. 1-2002]

§ 200-58 Cluster development.

A. Cluster development in the Town of Evans shall require the final approval of the Town Board, upon the review and recommendations of the Planning Board, pursuant to the administration of Chapter 178, the Subdivision Regulations of the Town of Evans. Cluster development shall not be considered an allowable use unless it is determined by the Planning Board that it will achieve the intent of these regulations. The Planning Board, at its discretion, may direct an applicant to pursue cluster development if, in the judgment of that Board, its application would benefit the Town. For example, if a standard subdivision is proposed in an area containing important lands (e.g., greenspace, woodlands, significant views, prime farmland, etc.), the Town may direct an applicant to pursue a cluster development plan to preserve as much of these features as possible (See Figure 1.)[1] The Planning Board may also, upon its review, find a proposed cluster development plan not in accordance with the purposes or requirements of this article.

[1] Editor's Note: Figure 1 is included at the end of this chapter.

B. Intent. The purpose of the cluster development regulations is to enable and encourage flexibility of design and development of land in such a manner as to:

(1) Preserve open space and protect important natural resources and sensitive lands;

(2) Promote the most appropriate use of land;

(3) Allow for a variety of lot sizes without increasing the overall density as permitted by the underlying zoning;

(4) Allow for residential development that is in harmony with the rural character and scenic quality of the Town;

(5) Encourage creativity and adaptability in the layout of residential lots; and

(6) Facilitate the adequate and economical provision of streets and utilities.

§ 200-59 Regulations governing cluster development.

A. Cluster development may include single-family detached units in all allowable zoning districts or duplex dwellings in the R-2, MFR-3 and MFR-4 Districts, in accordance with the regulations and standards contained in this chapter.

B. The area proposed for cluster development shall be in single ownership or under unified control throughout the review process, inclusive of the filing of the map cover in the Erie County Clerk's office.

C. Unless otherwise provided in this chapter, the following regulations shall apply to all cluster development:

(1) Permitted districts. Cluster development shall only be considered within the A-OS, R-A, R-R, R-1, R-2, MFR-3 and MFR-4 Zoning Districts at the discretion of the Planning Board.

[Amended 11-1-2006 by L.L. No. 10-2006]

(2) Minimum development area. Cluster development shall apply to any major subdivision of not less than five acres in land area.

(3) Service by public utilities. All cluster development shall be serviced by public systems for water supply and sanitary sewerage.

(4) Minimum lot size. The required minimum lot area for single-family detached dwelling units may be reduced to no less than 10,000 square feet in an A-OS, R-A or R-R District, 6,000 square feet in an R-1 District, 5,000 square feet in an R-2 District, 3,500 square feet for an MFR-3 District, and 3,000 square feet for an MFR-4 District, provided that any and all such area that is not designed to serve as residential areas, roads or for other public purposes be set aside and restricted on the subdivision plat for use as common open space, parkland and for recreational purposes of an active and/or passive nature.

[Amended 11-1-2006 by L.L. No. 10-2006]

(5) Minimum habitable floor area. The required minimum habitable floor area may be reduced to 1,000 square feet for a one-story structure and 1,200 square feet for a two-story structure.

(6) Minimum lot dimensions.

[Amended 11-1-2006 by L.L. No. 10-2006]

		A-OS/A-R/R-R	R-1	R-2	MFR-3	MFR-4
Single-Family Dwellings:
Lot area		10,000 square feet	6,000 square feet	5,000 square feet	3,500 square feet	3,000 square feet
Frontage lot area1		12,000 square feet	7,000 square feet	6,000 square feet	4,200 square feet	4,000 square feet
Lot width		75 feet	60 feet	50 feet	45 feet	45 feet
Frontage lot width		100 feet	75 feet	65 feet	55 feet	55 feet
Front yard		15 feet	10 feet	10 feet	10 feet	10 feet
Rear yard		20 feet	10 feet	10 feet	10 feet	10 feet
Side yard
	One	5 feet	5 feet	5 feet	5 feet	5 feet
	Both	10 feet	10 feet	10 feet	10 feet	10 feet
Accessory, side/rear		5 feet	5 feet	5 feet	5 feet	5 feet
Duplex dwellings:
Lot area		--	--	7,500 square feet	5,500 square feet	5,000 square feet
Frontage lot area1		--	--	8,500 square feet	6,500 square feet	5,700 square feet
Lot width		--	--	75 feet	65 feet	60 feet
Frontage lot width		--	--	95 feet	80 feet	75 feet
Front yard		--	--	10 feet	15 feet	15 feet
Rear yard		--	--	--	20 feet	20 feet
Side yard
One		--	--	5 feet	7 feet	7 feet
Both		--	--	10 feet	12 feet	12 feet
Accessory side/rear		--	--	5 feet	5 feet	5 feet

NOTE:

¹"Frontage lot" is defined as any proposed lot situated along any existing thoroughfare that provides access to the subject property.

(7) Maximum height of buildings shall not exceed 2 stories or 30 feet for single-family units and 2 1/2 stories or 35 feet for two-family units.

(8) Maximum density. The permitted number of dwelling units shall in no case exceed the number of units that could be permitted, at the discretion of the Planning Board, if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, applicable to the district or districts in which the land is situated and conforming to all other applicable requirements. An aerial photograph may be required to assist with the determination of density. However, prior to determining of the number of dwelling units and/or building lots, the parcel to be developed shall be adjusted as follows:

(a) Lands utilized by public utilities or structures or recorded easements of rights-of-way shall be subtracted from the total gross area.

(b) Waterbodies, marsh areas, designated wetlands, dense areas of mature woodlands, gorges, rock outcroppings, caverns, poorly drained, alluvial, and unstable soils and floodplains shall be subtracted from the total gross area.

(c) Any other areas deemed unfavorable (unusable/unbuildable) by the Planning Board because of topographic, geologic or hydrological characteristics and slopes in excess of 15% shall be subtracted from the total gross area.

(d) For the purpose of providing land for public streets, after deductions have been made in accordance with Subsection C(8)(a), (b) and (c) above, 10% of the remaining area shall be subtracted from the total gross area. (Road frontage clusters will not require this subtraction.)

(e) The adjusted total gross area of the parcel, as determined in Subsection C(8)(a), (b), (c) and (d) above, shall then be used to compute the maximum number of dwelling units and/or building lots permitted.

(f) In A-OS, R-A, R-R and R-1 Zoning Districts, the Planning Board shall require that at least 35% of the land area obtained after the deductions in accordance with Subsection C(8)(a), (b), (c) and (d) of this section shall be maintained as open space. In all other districts where clustered development is permitted, the relevant percentage shall be at least 25%. In other words, the land subtracted out in calculations C(8)(a), (b), (c) and (d) cannot be included in the 35% or 25% requirements. The developer will propose the area to be maintained as open space, subject to the approval of the Planning Board.

[Amended 11-1-2006 by L.L. No. 10-2006]

(9) Where feasible, natural features such as streams, rock outcrops, marshlands, topsoil, trees and shrubs shall be preserved and incorporated into the landscaping of the development. (See Figure 1.[1])

[1] Editor's Note: Figure 1 is included at the end of this chapter.

(10) Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Town of Evans shall be required. On-site management of surface drainage shall be planned so that there shall be no greater runoff during and following construction than exists prior to commencement of construction. Lawn and yard areas shall be adequately drained to permit normal use and maintenance.

(11) The recreation/greenspace fee required pursuant to § 178-15A(1) of the Evans Subdivision of Land regulations shall still be applicable. Open space, greenspace or recreation areas in the cluster development area shall be privately owned. The Planning Board may recommend the dedication of land to the Town of Evans, in lieu of this fee, if the subdivision is located in an area where a proposed park, playground or other recreation or public site is shown on the Comprehensive Plan.

(12) Common open space and recreation lands shall be deeded to a homeowners' association that will be responsible for the continued ownership, use and maintenance of said lands. Such deeds shall be reviewed by the Town Attorney and approved by the Planning Board.