[Amended 1-14-1991; 9-27-1993]
The following provisions apply to clustered projects proposed for approval in the Town of Victor.
These regulations are adopted for the following purpose: The Town Board of the Town of Victor finds that the topography and environmental sensitivities of certain parcels in the Town do not lend themselves to the conventional development as designated by their current zoning. Therefore, pursuant to the provisions of § 278 of the Town Law of the State of New York, the purpose of this article is to enable and encourage flexibility of design of land development in such a manner as to permit the most appropriate use of land, to preserve the natural, scenic and ecological qualities of environmentally sensitive areas and to provide larger areas of open space, both for recreation and for environmental conservation purposes.
Among the objectives which should be achieved through the use of clustered development are the following:
A. 
The creative use of land so as to establish a more desirable environment than would be possible through the strict application of certain Town zoning standards.
B. 
The preservation of surface water, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography and glaciated features. Other areas to be preserved include areas of scenic and ecological values, including open spaces and other environmentally sensitive areas.
C. 
To prevent soil erosion, minimize negative environmental impacts and control development in flood hazard areas.
D. 
To provide an alternative method of development to allow all of the development which could occur on a particular parcel of land to be developed on a portion of said parcel; provided, however, that in no case shall the number of building plats or dwelling units exceed the number which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of the applicable zoning ordinance or local law.
E. 
To permit developments that reflect the legislative intent of Article 16, § 278, of the Town Law of the State of New York.
F. 
To create a development that is in harmony with the character of the area and the environmental sensitivities of the sites.
Authorization to approve or deny cluster development and to grant variations in the dimensional standards (area) of Chapter 211, Zoning, concurrent with subdivision review as provided by § 278 of the Town Law is granted to the Planning Board.
A. 
The Planning Board shall comply with all procedures and standards set forth in this article when implementing such power.
B. 
As provided in § 278 of the Town Law, the Planning Board is hereby granted the authority to require a plat to be submitted as a clustered project. This requirement may be employed to impose conditions for the approval of building plots or dwelling units by the Planning Board, whether or not the owner makes application for a clustered project.
[Amended 10-23-2000 by L.L. No. 14-2000]
Yield determines the number of building plots or dwelling units which can be placed on a site to be developed under a clustering plan.
A. 
For all but multiple dwelling districts, the following provisions apply:
(1) 
The maximum number of building plots or dwelling units that may be approved in a clustered development shall be determined by calculating the maximum number of dwelling units or building lots which an applicant could secure if the land were subdivided into lots or developed in conformance with the requirements of the particular zoning district in which the land is situated. Building lot density in R-2 and R-3 Zoning Districts shall be determined based upon single-family units on each proposed lot.
(2) 
Where the plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts.
(3) 
Environmentally sensitive areas (such as New York State designated wetlands and steep-slope areas in excess of twenty percent), as well as open space preservation areas identified on the overlay district map, if any, may be included in the required 50% open space area.
B. 
Multiple-dwelling districts. Density for multiple dwellings shall be based upon the gross land area.
The approval process and information requirements for a clustered project will be conducted pursuant to major subdivision process procedures regardless of whether land is to be subdivided or to remain as a single parcel.
The following restrictions apply to clustered projects:
A. 
Permitted uses within the clustered development shall be the same as permitted in the zoning district in which the property is located.
B. 
In the case of a residential plat or plats, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, attached or multistory structures.
C. 
Where a plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts.
D. 
In some cases during the approval process for a clustered project, additional information may be required by the Planning Board. This information may be pertinent to but not necessarily limited to such areas of concern as environmentally sensitive areas, recreational areas, open spaces or common areas.
A. 
Intent. Because open spaces are an inherent part of clustered developments, the Town must take special measures for the protection and regulation of these areas and to provide for a system of their permanent maintenance.
B. 
Submission requirements. At the sketch plat stage, the developer shall submit a detailed proposal for maintenance of common lands and/or open spaces. The Planning Board may approve or approve with conditions any plans for maintenance of common areas and/or open spaces. Any conditions imposed for maintenance of open space and/or common lands shall become part of the conditions for final plat approval.
C. 
Dedication of lands. If the open spaces are to be offered for dedication to the Town, the Planning Board shall refer such offers and related details to the Town Board for the necessary action prior to final plat approval.
D. 
Property owners' association. If open spaces are not to be dedicated to the Town, the applicant must create a property owners' association and receive approval or waiver from the Office of the New York State Attorney General.
The following methods will be considered alternate methods to maintain open spaces:
A. 
In the case of single ownership of the clustered development by a sole owner, partnership, corporation or other legal means, deed restrictions protecting open spaces from further development shall be submitted to the attorney for the Town for review and to the Planning Board for acceptance.
B. 
Any alternative methods for protection and preservation of open lands and common areas shall be submitted at sketch plat stage to the Planning Board for review and approval. All alternate proposals shall be submitted to the attorney for the Town for review and comment. The Planning Board may require any additional information it deems necessary to conduct an adequate review of the alternate proposal.
The provisions of cluster projects shall be effective as of the date of the adoption of these provisions. Those projects currently filed with the Town of Victor and deemed complete as of the date of the adoption of these provisions shall comply with those regulations existing prior to the effective date defined herein.