It is the purpose of this article to permit a cluster development
in order to:
A.
Encourage creative and flexible site design that is sensitive to
the land's natural features and adapts to the natural topography;
B.
Protect environmentally sensitive areas of a development site and
preserve on a permanent basis open space, natural features, and farm
operations;
C.
Promote cost savings in infrastructure installation and maintenance
by such techniques as reducing the distance over which utilities,
such as water and sanitary sewer lines, need to be extended; and
D.
Provide opportunities for social interaction and active and/or passive
recreational activities in open space areas.
A cluster development shall be permitted as of right at all
zoning districts.
As used in this part, the following terms shall have the meanings
indicated:
A single group of residential uses within a cluster development.
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A plan that is signed and sealed by a registered design professional
on which all of the following are shown:
Proposed landscaping species such as but not limited to number,
spacing, size at the time of planting, and planting details.
Proposals for protection of existing vegetation during and after
construction.
Proposed hard and soft landscaping.
Proposed decorative features.
Existing and proposed grade elevations.
Buffers and screening devices.
Any other information that can reasonably be required for an
informed determination by the designated approval authority.
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The portion of a cluster development set aside in perpetuity
as open space. This area may include coastal and freshwater wetlands,
floodplains or flood-hazard areas, farm operations, stream corridors,
habitats of endangered wildlife as identified on applicable federal
or state lists, scenic views, historical or cultural features, archaeological
sites, or other elements to be protected from development, as well
as easements for public utilities.
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A structured individual or team activity that requires the
use of special facilities, courses, fields, or equipment. Examples
of active recreational uses are but are not limited to baseball, football,
golf, hockey, skiing, soccer and tennis.
Recreational activities that do not require prepared facilities
like sports fields or pavilions. Passive recreational uses place minimal
stress on a parcel's resources; as a result, they can provide
ecosystem service benefits and are highly compatible with natural
resource protection. Examples of passive recreational uses are but
are not limited to bicycling, fishing, hiking, horseback riding, picnicking,
swimming and wildlife photographing and viewing.
A site plan that is signed and sealed by a registered design
professional illustrating important design elements of a cluster development
such as but not limited to areas within which structures may be located,
the height and spacing of buildings, open spaces and their landscaping,
off-street parking spaces, roads, driveways, potable water systems,
sanitary sewer systems, stormwater control facilities and any other
features required by the designated approval authority. In the case
of residential uses proposed at a cluster development, the dwelling
units permitted may be, at the discretion of the designated approval
authority, in attached, detached or multistory structures.
A plat illustrating a conventional, unclustered subdivision
which complies with all provisions of the Zoning Law.[1] The purpose of this sketch plat shall be to aid the designated
approval authority in determining the maximum density on a lot of
record as prescribed in the Zoning Law.
Single and two-unit dwellings and townhouses not more than
three stories in building height and their customarily incidental
and subordinate accessory structures (e.g., decks, gazebos, storage
sheds, playgrounds, etc.).
The Planning Board is authorized and empowered pursuant to § 278
of the Town Law of NYS to modify certain provisions of the Zoning
Law[1] as allowed by this article, simultaneously with the approval
of an application for a cluster development.
The designated approval authority shall conform to the procedures
prescribed within § 278 of the Town Law of NYS as well as
§§ 239-m, 239-n and 239-nn of the General Municipal
Law of NYS as it pertains to its actions on an application for a cluster
development.
A.
Integration of procedures. Whenever a particular application requires
multiple review(s) and approval(s), the designated approval authority
shall integrate, to the extent practicable and consistent with any
applicable law, his, her or their review and approval process.
B.
Public hearings. The Secretary of the Planning Board is authorized
to schedule any public hearing for the designated approval authority.
The owner(s) shall file an application in writing on a form
furnished by the Code Enforcement Officer for that purpose. An application
for a cluster development shall include all of the following:
A.
A nonrefundable application fee.
B.
A completed application form.
C.
A completed environmental assessment form (EAF).
D.
A completed agricultural data statement if mandated by § 283-a
of the Town Law of NYS.
E.
One paper original of the ownership and maintenance documents as
it pertains to the open space.
F.
One paper original sketch plat and 10 paper copies of such plat.
G.
One paper original site plan and 10 paper copies of such plan.
H.
One paper original landscaping plan and 10 paper copies of such plan.
I.
One Mylar and two paper original and certified final plat(s).
J.
Ten paper copies of the original and certified final plat.
The Code Enforcement Officer shall examine applications for
a cluster development to ascertain compliance with the application
requirements and applicable standards prescribed in this chapter.
If the application does not conform to the application requirements
and applicable standards of this chapter, the Code Enforcement Officer
shall reject such application in writing, stating the reasons therefor.
If the Code Enforcement Officer is satisfied that the application
conforms to the application requirements and applicable standards
prescribed in this chapter, the Code Enforcement Officer shall submit
the application to the designated approval authority and stamp the
official submission date on the application.
The procedure for a cluster development review and approval
shall run concurrently with the SEQRA process. The designated approval
authority shall have the discretion to make adjustments to the time
periods specified in these regulations when there is mutual agreement
with the owner in order to provide reasonable time for the preparation,
review, and public hearings with respect to the SEQRA review. The
designated approval authority shall carry out the terms and requirements
of 6 NYCRR Part 617 et seq. implementing SEQRA with minimal procedural
delay, shall avoid unnecessary duplication of reporting and review
requirements by providing, where feasible, for combined or consolidated
proceedings, and shall expedite all proceedings under SEQRA in the
interest of prompt review.
A.
SEQRA. A realty subdivision shall be classified as a Type 1 action
in accordance to Article 11, Title II, of the Public Health Law of
NYS as well as Article 17, Title 15, of the Environmental Conservation
Law of NYS.
(1)
Involved agencies. The NYSDEC and the NYSDOH shall be designated
as an involved agency for a realty subdivision pursuant to SEQRA.
B.
Final determination. A realty subdivision shall be approved by the
NYSDOH prior to the designated approval authority making a final determination
on such application.
The designated approval authority shall review all facts and
information that is the subject of an application for a cluster development
to determine whether or not to approve such application. In doing
so, the designated approval authority shall consider all of the following
criteria:
A.
The proposed cluster development will be consistent with the land
use goals and objectives prescribed in the Comprehensive Plan.
B.
The proposed cluster development is in compliance with the applicable
standards prescribed in this chapter.
C.
The proposed cluster development will not overburden municipal services
(e.g., fire protection, law enforcement, sanitary sewer, stormwater
conveyance and water distribution and/or treatment systems, etc.).
D.
The proposed cluster development is in harmony with the orderly development
of the applicable zoning district and will not have a significant
adverse impact on the public health, safety or general welfare.
E.
The proposed cluster development shall not have an unmitigated significant
adverse environmental impact as defined by SEQRA. Such determination
shall be made by the designated lead agency as prescribed by SEQRA.
The designated approval authority may include in an approval
of an application for a cluster development such terms and conditions
as such authority deems necessary or appropriate to ensure the safety
or to further the purposes and intent of this chapter or any other
applicable law.
