Town of Milo, NY Article X Standards for Cluster Development

§ 295-60 General standards.

A cluster development shall comply with the general standards prescribed in this chapter except as permitted otherwise by this article.

§ 295-61 Permissible deviations from Zoning Law.

The designated approval authority may approve an application for a cluster development that includes the following deviations from the Zoning Law[1] for any one of the following purposes:

A. To permit any type of residential use to encourage creative and flexible site design, promote cost savings in infrastructure installation and maintenance but also to help preserve open space.

B. To eliminate side and rear yard requirements to allow for innovative attached housing types (e.g., townhouses).

C. To reduce front and/or side and/or rear yard requirements for existing buildings and/or structures on the site of a final plat where, in unique and special circumstances, it will result in the more efficient use of land.

D. To reduce frontages to allow culs-de-sac or other innovative road types but such frontages shall not be less than 75 feet.

E. To reduce lot areas and/or lot widths and/or lot depths and/or lot frontages to accomplish a cluster development.

F. Building coverage, floor area ratios, building height, and parking requirements for the applicable zoning district, which is prescribed by the Zoning Law,[2] shall apply to the cluster development. However, the building coverage, floor area ratios and parking requirements shall be applied to the entire cluster development rather than to any individual lot to encourage creative and flexible site design but also to help preserve open space.

[2] Editor's Note: See Ch. 350, Zoning.

G. To allow more than one principal use to be located on a lot to allow for innovative attached housing types (e.g., townhouses).

[1] Editor's Note: See Ch. 350, Zoning.

§ 295-62 Cluster groups.

A. A cluster development may contain one or more cluster groups.

B. Cluster groups shall be separated by the minimum fire separation distance mandated by the Uniform Code or 10 feet; whichever is the most restrictive dimension shall govern.

C. No cluster group shall contain more than 20 dwelling units.

D. A cluster group shall abut an open space.

E. A cluster group shall be designed to prevent a monotonous exterior appearance by adding variations in the building's architecture.

§ 295-63 Open space.

The area, configuration, location, ownership, use and maintenance of open spaces created by a cluster development shall be subject to review and approval of the designated approval authority.

A. Allowable uses. Open space may be used for any of the following:

(1) Conservation of land in its natural state.

(2) Easements for drainage, access, public sewer or waterlines, or other public purposes.

(3) Farm operations that shall include any associated agricultural support buildings (e.g., dairy barns, hay barns, milk parlor, silos, etc.).

(4) Recreational uses, whether active or passive in nature.

(5) Stormwater management facilities and wastewater disposal systems located on soils particularly suited to such uses.

(6) Any other uses allowed by the designated approval authority.

B. Minimum area. The area of the open space shall not be less than 20% of the total area of the cluster development.

C. Protection of open space. If open space is not dedicated to the Town, County, NYS or federal government, it shall be protected by legal arrangements, satisfactory to the Town Attorney, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Town Board; and any other specifications deemed necessary by the Town Attorney.

§ 295-64 Determination of overall density.

An application for a cluster development shall include the submission of a sketch plat showing a conventional, unclustered subdivision which complies with all applicable provisions of the Zoning Law.[1] The purpose of this sketch plat shall be to aid the designated approval authority in determining the maximum number of dwelling units and/or lots permissible at a proposed cluster development as allowed by the Zoning Law. The designated approval authority shall make the determination of the maximum permissible number of dwelling units and/or lots permissible at a proposed cluster development as allowed by the Zoning Law. Lastly, any increase in such number of dwelling units and/or lots shall require an area variance to be granted by the designated approval authority as prescribed by the Zoning Law.

[1] Editor's Note: See Ch. 350, Zoning.

§ 295-65 Lots to be wholly located in Town.

Lots, whether created or existing, that are the subject of an application for a cluster development shall be located wholly in the Town unless permitted otherwise by the Town Attorney.

§ 295-66 On-site wastewater treatment and water supply facilities.

A cluster development that contains on-site wastewater treatment and/or water supply facilities shall include a certification by a professional engineer that such development is in compliance with applicable local, state and/or federal laws as it pertains to on-site wastewater treatment and water supply facilities.

§ 295-67 Uses.

Residential uses, whether accessory or principal in nature, that are permitted in the applicable zoning district shall be permitted in a cluster development.

§ 295-68 Utilities.

All telephone, natural gas, electric and similar utilities serving the cluster development shall be located underground.