The purpose of a cluster development shall be
to enable and encourage flexibility of design and development of lands
in such a manner as to enhance and preserve the natural and scenic
qualities of open lands. This includes the preservation of a unique
or significant features of the site, including, but not limited to,
a vegetative feature (i.e., important woods, etc.), wildlife habitat,
endangered species area, unusual land formation or steep slope area
of significance. It may also include an important view or aesthetic/scenic
component of the Town. In some instances, the cluster development
concept may be utilized to create an important recreational or scenic
component for the community. It is not the intent of cluster development
to create useless open space such as standard lawned areas or vacant
fields.
Pursuant to the provisions of Town Law § 278,
the Town Board of the Town of Lockport does hereby authorize the Planning
Board of the Town of Lockport to approve cluster development simultaneously
with the approval of a plat or plats. Approval of cluster developments
shall be subject to the conditions set forth in this chapter and in
Town Law § 278, and the subdivision approval process set
forth in the Code of the Town of Lockport.[1]
In addition to provisions of Town Law § 278,
the provisions set forth in this chapter shall be followed in reviewing
applications for cluster development. Whenever the provisions of this
chapter are more restrictive than, or contain additional requirements
to, § 278, the provisions of this chapter shall prevail.
A.
"Cluster development" shall mean a subdivision plat
or plats, approved pursuant to this article, in which the applicable
Zoning Ordinance or local 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,
parks and landscaping in order to preserve the natural and scenic
qualities of open lands where allowed.
B.
Cluster developments may be allowed in the following
districts, where public sewer is available: AR, R-1, R-2 and PUD.
[Amended 5-5-2010 by L.L. No. 2-2010]
Cluster development shall not be a use allowed
by right. It may be allowed at the discretion of the Planning Board.
The procedure set forth herein and the authorization of cluster development
may be followed and allowed at the discretion of the Planning Board
if, and in the Planning Board's judgment, its application would benefit
the Town, meet the Town's goals, and the objectives and the purposes
of this article.
A cluster development shall result in a permitted
number of building lots or dwelling units, which shall in no case
exceed the number which could be permitted, in the Planning Board's
judgment, if the land were subdivided into lots conforming with the
minimum lot size and density requirements of the Zoning Law of the
Town of Lockport applicable to the district or districts in which
such land is situated and conforming to all other applicable requirements.
Where the plat falls within two or more contiguous districts, the
Planning Board may approve a cluster development representing the
cumulative density as derived from the summing of all units allowed
in all such districts, and may authorize actual construction to take
place in all or any portion of one or more such districts.
The Planning Board, as a condition of plat approval,
shall establish such conditions on the ownership, use and maintenance
of such open lands shown on the plat as it deems necessary to assure
and preserve the natural and scenic qualities of such open lands.
The plat showing such cluster developments shall
depict the areas within which such structures may be located with
building footprints, the height and spacing of buildings, open spaces,
and their landscaping, off-street open and enclosed parking spaces,
streets, driveways, and any other features required by the Planning
Board. In the case of residential plats, the dwelling units permitted
may be, at the discretion of the Planning Board, single-family detached
(single-unit homes built on their own lot), semidetached (two-unit
townhouses), or attached (townhouse units, triplexes, quadruplexes,
etc.), or multistory structures.
At the time of submission of the sketch or concept
plan, or in the event that the developer elects to submit a preliminary
plan, at the time of such submission, two plans shall be submitted
with one layout designating the layout of a standard subdivision in
the underlying district and the second layout showing the proposed
cluster development. Each lot in the standard subdivision layout shall
meet the minimal lot size and lot width requirements of the Zoning
Law of the Town of Lockport for the district in which the property
is located. The conventional subdivision layout shall be utilized
to determine the maximum density for the cluster development.
A.
The conventional subdivision layout required to determine
the proper density for a cluster development shall be in all respects
consistent with federal, state and Town laws, including, but not limited
to, laws regulating:
B.
A specification sheet shall be attached showing all
calculations used to arrive at density and open space.
Areas which would not be available for construction
on standard layout, in the judgment of the Planning Board, must be
preserved as open space on the standard subdivision plan, including,
but not limited to:
A.
Portions required for set aside for drainage basins
or drainage purposes;
B.
All streets and rights-of-way (public or private);
C.
Major utility easements, portions of the developed
area which are not available for building because of slopes, soil
conditions, or other conditions rendering the area not suitable for
development.
In addition to the above, cluster developments
shall meet the following criteria, which shall not be waived by the
Planning Board absent a variance from the Zoning Board of Appeals:
B.
The distance between structures shall not be less
than 20 feet.
C.
No structure shall exceed in height 45 feet.
[Amended 5-5-2010 by L.L. No. 2-2010]
D.
No structure in a cluster development shall be closer
to a preexisting street than a structure in a standard subdivision.
E.
Detached single-family dwellings shall be located
so as to have the equivalent of not less than 60 feet frontage per
lot.
[Amended 5-5-2010 by L.L. No. 2-2010]
F.
For attached single-family dwelling units, semidetached
and detached dwelling units, and townhouse units (two-unit and greater)
the following requirements shall be met:
(1)
These units shall be separated from existing detached
single-family homes by a minimum of 50 feet, except that three-story
units shall be so separated by a minimum of 100 feet. Other buffering,
such as landscaped berms, may also be required.
[Amended 5-5-2010 by L.L. No. 2-2010]
(2)
The maximum group length of a single structure shall
be 160 feet.
(3)
Proper garbage and waste collection areas must be
provided and depicted on the proposed plan.
(4)
A minimum of two off-street parking spaces shall be
provided for each unit, either on the lot of each unit or in common
parking areas available within 300 feet of the unit for which it is
intended. In certain circumstances where adequate on-street parking
cannot be provided for visitors, a visitor's parking area may be required
by the Planning Board.[2]
G.
Sidewalks or other types of walkways may be required
along the roadways, or connecting features within the development.[3]
[3]
Editor's Note: Former Subsection F(6), which concerned electrical
and telephone lines and which immediately followed this subsection,
was repealed 5-5-2010 by L.L. No. 2-2010, which ordinance also redesignated
for Subsection F(7) as Subsection H.
H.
Applications
for cluster developments must include sample architectural elevations
of the buildings being proposed for the site. In reviewing these,
the Planning Board shall take into consideration their appearance
relative to surrounding uses and the impacts on the views from surrounding
properties.[4]
[4]
Editor's Note: Former Subsection F(8), which immediately followed
this subsection and which concerned ownership of new roads and utilities,
was repealed 5-5-2010 by L.L. No. 2-2010.
J.
New roads
and utilities being established for condominium ownership development
shall be owned and maintained by the condominium association, except
that, in such cases as the Town Board shall determine the public will
benefit by accepting dedication of roads and accepting ownership of
utilities, the Town Board, by resolution, may require that said roads
and utilities or any portion of them be dedicated to or owned by the
Town.
[Added 5-5-2010 by L.L. No. 2-2010]
A.
In reviewing proposed cluster developments, the Planning
Board shall evaluate subdivision layout with respect to scenic views,
natural landscape features, topography of the site, woodlands, wetlands,
other features of the site, and other adjacent areas, and shall require
development in a fashion and manner which it finds will enhance and
preserve such features, including, but not limited to:
(1)
Lands adjacent to or linking with existing parks and
publicly accessible open spaces along the Erie Canal, Mud Creek, Tonawanda
Creek and Eighteen Mile Creek;
(2)
Lands adjacent to public parks and other publicly
accessible open spaces;
(3)
Lands adjacent to other dedicated open space areas
on adjacent parcels;
(4)
Buffer lands between adjacent active agricultural
uses and residential development;
(5)
Lands on the Niagara Escarpment;
(6)
Trail networks which meet Town of Lockport open space
goals.
B.
In addition, the Planning Board may require additional
amenities, enhancement of, changes to configuration of, and location
of open space, to enhance the benefits to the residents and/or the
Town derived from the cluster development. Failure or refusal to include
such requirements shall result in disapproval of the proposed plan.
A.
The common open spaces shall be clearly depicted upon
the subdivision plan. The developer shall illustrate on the subdivision
plan all improvements to the common space, including trails, landscaping,
incorporation of natural features, recreational facilities, structures,
including clubhouses, pools, tennis courts, etc.
B.
As part of the preliminary plan, the developer shall
specify the type of development (condominium, townhouse, landowner's
association, etc.) and shall offer basic regulations which will be
incorporated into the open space plan.
C.
At the time of final subdivision approval, the developer
shall include a draft of the homeowners' association, condominium
offering, or other method utilized to preserve the common open space.
Said documents shall clearly provide for a means to fund and preserve
the common areas in the intended fashion. Any final approval shall
be conditioned on approval of the documents by the Town Attorney,
proper recording, and adequate funding of the legal entity controlling
common areas.
D.
All improvements to the common open spaces required
to enhance, preserve and make accessible shall be a condition of approval
and shall be completed prior to issuance of any building permits in
the development. Where the Planning Board finds it necessary, it shall
require the posting of a bond or cash deposit in an amount necessary
to assure completion and maintenance until the homeowners' association
is sufficiently funded to assure such maintenance.
A.
The provisions of this article shall not be deemed
to authorize a change in the permissible use of such lands as provided
elsewhere in the Zoning Law of the Town of Lockport applicable to
such lands.
B.
Nothing herein shall supersede any requirements of
the subdivision regulations in effect, which may impose additional
requirements upon the developer for approval of the proposed subdivision.
C.
Further subdivision of an approved cluster development
shall not be allowed. This shall be indicated on the final subdivision
plat.
