[Amended 2-14-2007 by L.L. No. 1-2007; 7-9-2008 by L.L. No.
1-2008; 10-8-2014 by L.L. No. 5-2014]
A.
Open Space Design Development (OSDD) Overlay District or clustering
shall be a subdivision plat or plats in which the applicable zoning
law is modified to provide an alternative permitted method for the
layout, configuration and design of lots; buildings and structures;
roads; utility lines and other infrastructure; and parks and landscaping
in order to preserve the natural and scenic qualities of open lands.
Private roads to service clustered lots may be approved as a part
of the final plat, and lots along such private roads may be platted
as legal lots. Such private roads must provide adequate access to
existing public roads. The Town Board may consider a reduction in
minimum lot sizes down to and including lots to accommodate up to
four units with zero-lot-line setbacks (four-unit structures).
B.
Open space design development in the Town of Clarence shall require the final approval of the Town Board, upon the review and recommendations of the Planning Board, pursuant to the administration of Chapter 193, the Subdivision Regulations of the Town of Clarence. Open space design development shall not be considered for approval unless it is determined by the Town Board that it will achieve the intent of these regulations. The Town Board, at its discretion, may direct an applicant to pursue open space design development if, in the judgment of that Board and the Planning Board, its application would benefit the Town. For example, if a standard subdivision is proposed in an area containing important lands and/or resources (e.g., green space, woodlands, significant views, prime farmland, etc.), the Town may direct an applicant to pursue an open space design to preserve as much of these features as possible. The Town Board may also, upon its review, find a proposed open space design development not in accordance with the purposes or requirements of this article if the proposed development has no features worth preservation.
The purpose of these open space design development regulations
is to enable and encourage flexibility of design and development of
land in such a manner as to:
A.
Preserve open space and natural features.
B.
Protect important natural resources and sensitive lands.
C.
Encourage a variety of lot sizes and housing types without increasing
the overall density as permitted by the underlying zoning district.
D.
Encourage residential development that is in harmony with the surrounding
character and scenic quality of the Town.
E.
Encourage creativity and adaptability in the layout of residential
lots.
F.
Reduce the public long-term costs associated with infrastructure
maintenance.
Open space and incentive lot design development may include
single-family dwellings in accordance with the following regulations
and standards. The area proposed for open space and incentive lot
design 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.
A.
Open space. Unless otherwise provided in this chapter, the following
regulations shall apply to all open space design developments:
(1)
Open space design development shall only be considered where
public sewer districts have been established.
(2)
Open space design development shall only apply to any major
subdivision of not less than five acres in land area.
(3)
Having achieved all goals identified in this chapter, the minimum
lot size may be reduced to no less than 5,000 square feet for detached
housing units and up to four-unit, one- or two-story attached housing
units may be allowed, provided that any and all such area that is
not designed to serve as residential areas, roads or other public
purposes be set aside and restricted on the subdivision plat for use
by inhabitants as common open space, parkland or for recreational
purposes of an active or passive nature.
(4)
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.
(5)
The maximum height of buildings shall not exceed two stories
or 35 feet for single-family units.
(6)
The permitted number of dwelling units shall in no case exceed the number of units that could be permitted if the land were subdivided into lots conforming to the minimum lot size (see § 229-49) and density requirements of this chapter applicable to the district or districts in which the land is situated. An aerial photograph may be required to assist in the density determination. However, prior to determining 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)
Water bodies, marsh areas, wetlands, wetland buffers, 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, slopes in excess of 15%, and lands deemed important
to preserve and protect existing views and character shall be subtracted
from the total gross area.
(g)
Overall, the minimum amount of open space preservation shall
be no less than 50% of the gross acreage of the parcel or parcels
to be developed.
(7)
Natural features such as streams, rock outcrops, marshlands,
trees and shrubs shall be preserved and incorporated into the landscaping
of the development. In addition, open vistas visible from existing
public roads shall be preserved.
(8)
The recreation/open space fee required pursuant to the subdivision
and fee laws of the Town of Clarence shall still be applicable. Open
space, green space or recreation areas in the OSDD shall be privately
owned. The Town Board may recommend the dedication of land to the
Town of Clarence, in lieu of these fees, if the subdivision is located
in an area where a proposed park, playground or other recreation or
public site is desired by the Town.
(9)
Final designs shall incorporate connectivity to surrounding
areas and be developed with walkways, sidewalks and/or trails that
provide access to public areas and the Town's recreational trail system.
Such connectivity shall be developed as a part of the project. If
circumstances dictate that connectivity be provided at a future time,
final plats shall identify those areas for future connections to the
trail system or other public lands.
(10)
Easement; ownership; maintenance.
(a)
A baseline study shall be prepared and approved as a part of
development plan approval in order to develop a conservation easement
on the common open space.
(b)
At the time of the filing of the final plat for the subdivision,
the common open space and recreation lands shall be transferred to
a homeowners' association pursuant to a deed to be filed in the Erie
County Clerk's office. The developer shall, at that time, create a
homeowners' association that shall function pursuant to an agreement
that shall contain the right for the homeowners' association and/or
the Town of Clarence to enforce the use and maintenance of the common
open space and recreation lands. The enforcement shall include, but
not be limited to, the right to enjoin or otherwise enforce any encroachment
by a private homeowner into the open space and recreation lands. The
enforcement rights shall include the right to legal fees, costs and
disbursements. A copy of the transfer documents and homeowners' association
agreement shall be provided to the Town of Clarence Town Attorney's
office for review and approval before filing same in the Erie County
Clerk's office. Once filed, a stamp "filed" copy shall be provided
to the Clarence Town Attorney's office.
(c)
The maintenance of sidewalks, to include snow removal, shall
be the responsibility of the homeowners' association or property owner
that will be responsible for the continued ownership of any common
land.
(11)
Private roads shall be built to minimum standards approved by
the Town Board and provided by the Town Engineering Department. Community
parking areas may be required by the Town Board during subdivision
review.
(12)
The underlying zoning requirements for lot coverage and setback
requirements for all lots in an OSDD shall be waived. Minimum setbacks
from each residential structure shall be 20 feet.
(13)
If not specifically addressed in this chapter, all other underlying
zoning regulations shall apply.
(14)
The OSDD shall complement the character of surrounding homes
and natural features.
(15)
The OSDD shall minimize long-term costs associated with the
maintenance of public streets and utilities.
B.
Incentive design. Unless otherwise provided in this chapter, the
following regulations shall apply to all incentive design developments:
(1)
Incentive design development shall only be considered where
public sewer districts have been established.
(2)
Incentive design development shall only apply to any major subdivision
of not less than five acres in land area.
(3)
Having achieved all goals identified in this chapter, the minimum
lot size may be reduced to no less than 5,000 square feet for detached
housing units and up to four-unit, one- or two-story attached housing
units may be allowed, provided that any and all such area that is
not designed to serve as residential areas, roads or other public
purposes be set aside and restricted on the subdivision plat for use
by inhabitants as common open space, parkland or for recreational
purposes of an active or passive nature.
(4)
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.
(5)
The maximum height of buildings shall not exceed two stories
or 35 feet for single-family units.
(6)
The permitted number of dwelling units shall in no case exceed the number of units that could be permitted if the land were subdivided into lots conforming to the minimum incentive lot size (see § 229-49) and density requirements of this chapter applicable to the district or districts in which the land is situated. An aerial photograph may be utilized to protect the natural features of the land and be a delimiter in the density determination. However, prior to determining 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)
Water bodies, marsh areas, wetlands, wetland buffers, 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, slopes in excess of 15%, and lands deemed important
to preserve and protect existing views and character shall be subtracted
from the total gross area.
(g)
Overall, the minimum amount of open space preservation shall
be no less than 25% of the gross acreage of the parcel or parcels
to be developed.
(7)
Natural features such as streams, rock outcrops, marshlands,
trees and shrubs shall be preserved and incorporated into the landscaping
of the development. In addition, open vistas visible from existing
public roads shall be preserved.
(8)
The recreation/open space fee required pursuant to the subdivision
and fee laws of the Town of Clarence shall still be applicable. Open
space, green space or recreation areas in the incentive design shall
be privately owned. The Town Board may recommend the dedication of
land to the Town of Clarence, in lieu of these fees, if the subdivision
is located in an area where a proposed park, playground or other recreation
or public site is desired by the Town.
(9)
Final designs shall incorporate connectivity to surrounding
areas and be developed with walkways, sidewalks and/or trails that
provide access to public areas and the Town's pedestrian trail system.
Such connectivity shall be developed as a part of the project. If
circumstances dictate that connectivity be provided at a future time,
final plats shall identify those areas for future connections to the
trail system or other public lands.
(10)
Common open space and recreation lands shall be deeded to a
homeowners' association or individual 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 Town Board.
(11)
Private roads shall be built to minimum standards approved by
the Town Board and provided by the Town Engineering Department. Community
parking areas may be required by the Town Board during subdivision
review.
(12)
If not specifically addressed in this chapter, all other underlying
zoning regulations shall apply.
(13)
The OSDD shall encourage a variety of lot sizes and housing
types to protect the long-term viability of the neighborhood.
C.
After completing the density determination as herein described, for
both an "open space" and "incentive design," the Planning Board will
make a recommendation to the Town Board on either an open space or
incentive design subdivision.
