[Amended 6-26-2003 by L.L. No. 10-2003]
A.
Purpose. The intention of cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to preserve open space; encourage environmentally sensitive residential design and better preserve community character, including the diversity of housing types in the Village. Notwithstanding other provisions in this chapter, Article IX allows single-family, two-family and multifamily housing in cluster developments.
B.
Authorization. The Planning Board is hereby authorized
to approve a cluster development simultaneously with the approval
of a plat or plats. Approval of a cluster development shall be subject
to the conditions set forth in Village Law § 7-738 and in
this chapter. This authorization shall be applicable to all zoning
districts in the Village. The Planning Board may mandate the application
of a cluster development. Where the Planning Board intends to mandate
a cluster development it shall enumerate its reasons and reference
the Village Comprehensive Plan of 2003. The Planning Board may mandate
cluster development where it finds any one of the following elements
justifying preservation:
(1)
Steep slopes.
(2)
Wetlands.
(3)
Flood-prone areas.
(4)
Historic structures or areas.
(5)
Unique natural or geological formations.
(6)
Rare vegetation or habitats of endangered wildlife.
(7)
Recreation, lakes, ponds or other significant recreational
areas or resources.
(8)
Trails, bikeways and pedestrian routes; both potential
and existing.
(9)
Views; significant scenic views, particularly ridge
lines, water bodies and mountains.
C.
Applicability. The cluster authority of this section
may be applied in any zoning district of the Village for any parcels
of land where, in the opinion of the Planning Board, such development
would lead to better open space preservation and protection of neighborhood
character than the strict application of area and bulk standards required
in a conventional subdivision.
D.
Standards. In applying a cluster development, the
Planning Board may modify the area and bulk standards of the Zoning
Code so that smaller lots may be created than would be required by
the strict application of lot area, lot width, street frontage, height
and front, side and rear yard requirements. In so doing, the Planning
Board shall require that the application meets the following standards:
(1)
Density and resource protection. The density in a cluster development shall not exceed that permitted in a conventional subdivision on the subject site based upon the appropriate requirements set forth in Chapter 188 of the Village Code, Subdivision of Land. The Planning Board may not permit the construction of a number of dwelling units exceeding the site capacity of the entire parcel computed in accordance with Article XV of the Village Zoning Code.
(2)
Unit mix. Detached single family units, semi-detached
units, attached units (town homes) or multifamily units may be allowed
within a cluster development or any mix of such units, at the sole
discretion of the Planning Board, provided that any proposed development
is in a style that is consistent with the surrounding neighborhood,
or is sufficiently set back or buffered.
(a)
For detached single-family units, the lot area,
width, depth and yards may not be less than those set forth in the
following table:
|
CLUSTER STANDARDS FOR DETACHED SINGLE
FAMILY UNITS (*)
| ||||||
|---|---|---|---|---|---|---|
|
District in Which Site is Located
|
Minimum Lot Area (square feet)
|
Minimum Lot Width (feet)
|
Minimum Lot Depth (square feet)
|
Minimum Front Yard (square feet)
|
Minimum Side Yard (square feet)
|
Minimum Rear Yard (square feet)
|
|
1F-80
|
40,000
|
200
|
150
|
50
|
30
|
50
|
|
1F-60
|
30,000
|
150
|
150
|
50
|
20
|
50
|
|
1F-40
|
20,000
|
100
|
125
|
35
|
15
|
35
|
|
1F-20
|
10,000
|
85
|
100
|
30
|
15
|
30
|
|
1F-10
|
7,500
|
60
|
100
|
30
|
10
|
30
|
|
1F-5
|
4,000
|
40
|
100
|
30
|
5
|
30
|
|
*Notes:
| |
|---|---|
|
Yard requirements are subject to relaxation
by the Planning Board when such yards abut and are less than any of
the Village’s required buffers.
| |
|
The sum of all areas covered by all principal and accessory buildings for any single-family unit shall not exceed the limits for the district in which the unit is situated pursuant to § 224-13 of the Village Zoning Code, and may not be waived or modified in a cluster subdivision.
| |
|
FAR of any single-family unit shall be the FAR for the lot area as in § 224-136.
| |
(b)
For other unit types, FAR and standards will
be at the discretion of the Planning Board.
(3)
Open space. At least 1/3 of the gross acreage of a
cluster development shall be maintained as open space in perpetuity.
This one-third open space requirement may include any combination
of recreation and conservation areas, but individual lot setbacks
are not to be included.
(a)
Recreation areas. The Planning Board may require
a recreation set aside to meet the needs of the residents as it would
in a conventional subdivision. The Planning Board may require additional
lands for parks, trails or other recreational amenities, consistent
with the Village Comprehensive Plan of 2003.
(b)
Conservation areas. In addition to recreation areas, which may be required under Subsection D(3)(a) above, the Planning Board shall insure, as a condition of the approval of a cluster development, that sensitive natural and historic resources are preserved. These shall include water bodies, wetlands, steep slopes, existing significant trees, stone walls, historic structures and significant views. When dealing with an historic structure, elevations shall be provided as well as viewshed analysis as deemed appropriate by the Planning Board. Buffer areas shall be created to preserve the significant resources cited in the Village Comprehensive Plan or in field investigations.
(4)
Maintenance of open space. The maintenance of recreation
and conservation areas shall be insured through deed restrictions,
covenants, homeowners association or other legal instrument acceptable
to the Village Attorney and the Village Board of Trustees. Open space
may consist of both recreation and conservation areas. Open space
land created as part of the application of this article and which
is not required or permitted to be accepted for dedication to the
Village of Irvington shall be in a form of common ownership, which
form and content shall be subject to the approval of the Village Attorney
and the Village Board of Trustees and which shall ensure that the
owner of each and every subdivided lot and his or her successors in
interest shall remain liable for the taxes, operation and maintenance
of the open space land.
(5)
Buffers. There shall be a minimum landscaped buffer of 30 feet from the periphery of the proposed development. No principal or accessory building or parking area in a cluster development shall be closer to adjacent contiguous property or public streets than 30 feet. Additional buffers shall be maintained from the Croton Aqueduct and Broadway as required in Article XII of the Zoning Code.
(6)
Height. The height requirements shall be 2.5 stories and/or 35 feet as required by § 224-34. Height may be increased by the Planning Board one foot for every additional three feet of horizontal setback from the required buffer areas of the cluster development. In no case shall height exceed a total of five stories and/or 45 feet in any cluster development. Any structure proposed for a height in excess of 2.5 stories or 35 feet shall be shown in a set of architectural drawings to include building elevations, designs of how the building mass shall be articulated and viewshed analysis from significant on- and off-site vantage points determined by the Planning Board.
E.
Approvals process. The approvals process for a cluster development shall be the same as for a conventional subdivision in terms of preliminary and final plat approval as enumerated in the Chapter 188 of the Village Code, Subdivision of Land. Prior to preliminary plat drawings being developed, a sketch plan and all documentation shall be submitted to the Planning Board in accordance with § 188-8B describing the site and the proposed development and subdivision plan. The application shall form the basis for the Planning Board to determine whether a cluster development is appropriate, and for determining the maximum lot count.
