The following provisions apply to clustered
(dwelling group) projects proposed for approval in the Village of
Penn Yan.
These regulations are adopted for the following
purpose. The Village Board of the Village of Penn Yan finds that the
topography and environmental sensitivities of certain parcels in the
Village do not lend themselves to the conventional development as
designated by their current zoning. Therefore, pursuant to the provisions
of § 7-738 of the Village Law of the State of New York,
the purpose of this article is to enable and encourage flexibility
of design in housing development of land in such a manner as to permit
the most appropriate use of land, to preserve the natural, scenic
and ecological qualities of environmentally sensitive areas and to
provide larger areas of open space, both for recreation and for environmental
conservation purposes.
Among the objectives which should be achieved
through use of clustered housing are the following:
B.
The preservation of surface water, wetlands, steep
slopes, hilltops, ridgelines, major stands of trees, outstanding natural
topography and glaciated features. Other areas to be preserved include
areas of scenic and ecological values, including open spaces and other
environmentally sensitive areas.
C.
To prevent soil erosion, to minimize negative environmental
impacts and to control development in flood hazard areas.
D.
To encourage innovation through flexibility in design
and layout of residential housing consistent with the intent of this
chapter by permitting housing units to be clustered without increasing
overall site density.
E.
To permit housing developments that reflect the legislative
intent of Article 7, § 7-738 of the Village Law of the State
of New York.
F.
To create a housing development that is in harmony
with the character of the area and the environmental sensitivities
of the sites.
Authorization to grant or deny residential cluster
development (dwelling group) is provided by § 7-738 of the
Village Law which empowers the Planning Board to grant variations
in the dimensional standards (area) of the Village Zoning Ordinance[1] concurrent with subdivision review.
A.
The Planning Board shall comply with all procedures
and standards set forth in this article when implementing such power.
B.
As provided in Chapter 859 of the New York State Laws
of 1981, the Planning Board is hereby granted the authority to require
that a plat be submitted as a clustered project (dwelling group) as
limited by Village Law § 7-738 and by this chapter. This
requirement may be employed to impose conditions for the approval
of residential subdivision plats by the Planning Board, whether or
not the owner makes application for a clustered project (dwelling
group).
Yield determines the number of dwelling units
which can be placed on a site to be developed under a clustering (dwelling
group) plan.
A.
For all but multiple-dwelling districts, the following
provisions apply:
(1)
The maximum number of dwelling units that may be approved
in a clustered development (dwelling group) shall be determined by
calculating the maximum number of dwelling units or building lots
which an applicant could secure if the land were subdivided into lots
or developed in conformance with the requirements of the particular
zoning district in which the land is situated. Project density shall
be based only upon the amount of usable land which is available for
development.
(2)
In computing the usable or developable land, any land
situated in a flood hazard area, having slopes in excess of 20%, officially
designated freshwater wetlands, lands occupied by public utilities,
structures, drainage control areas or rights-of-way or otherwise unsuitable
for development shall not be considered part of the gross area.
B.
Multiple-dwelling districts. Density for multiple dwellings shall be based upon the gross land area exclusive of any restrictions identified in § 176-20A(2) of this article above.
C.
In computing functional density, the Planning Board
shall rely on the estimate of the maximum number of dwelling units
which could be constructed if the land were developed as a conventional
subdivision.
(1)
Should there be disagreement about this estimate,
the developer can submit an alternate sample plat for the land. This
plat must show any lands situated in a flood hazard area, having slopes
in excess of 20%, officially designated freshwater wetlands, lands
occupied by public utilities, structures, drainage control areas or
rights-of-way or land otherwise unsuitable for development.
(2)
An alternative to submitting a sample plat is submission
of a detailed report which contains the concepts utilized in preparing
a conventional plat.
The approval process and information requirements
for a clustered project will be conducted pursuant to major subdivision
process procedures, regardless of whether land is to be subdivided
or to remain as a single parcel.
The following restrictions apply to clustered
projects (dwelling groups):
A.
Clustering may be permitted and may be mandated only
in residentially zoned districts exclusive of the R-1 District. Permitted
uses within the clustered development shall be the same as permitted
in the zoning district in which the property is located and shall
be restricted to dwelling units and their customary accessory uses.
[Amended 9-6-1993 by L.L. No. 4-1993]
B.
In some cases during the approval process for a clustered
project (dwelling group), additional information may be required by
the Planning Board. This information may be pertinent to but not necessarily
limited to such areas of concern as environmentally sensitive areas,
recreational areas, open spaces or common areas.
A.
Intent. Because open spaces are an inherent part of
clustered developments, the Village must take special measures for
the protection and regulation of these areas and to provide for a
system of their permanent maintenance.
B.
Submission requirements. At the sketch plat stage,
the developer shall submit a detailed proposal for maintenance of
common lands and/or open spaces. The Planning Board may approve or
approve with conditions any plans for maintenance of common areas
and/or open spaces. Any conditions imposed for maintenance of open
space and/or common lands shall become part of the conditions for
final plat approval.
C.
Dedication of lands. If the open spaces are to be
offered for dedication to the Village, the Planning Board shall refer
such offers and related details to the Village Board for the necessary
action prior to final plat approval.
D.
Property owners' association. If open spaces are not
to be dedicated to the Village, the applicant must create a property
owners' association and receive approval by the Office of the New
York State Attorney General pursuant to state law.
The following methods will be considered alternate
means to maintain open spaces:
A.
In the case of single ownership of the clustered (dwelling
group) development by a sole owner, partnership, corporation or other
legal means, deed restrictions protecting open spaces from further
development shall be submitted to the Attorney for the Village for
review and to the Planning Board for acceptance.
B.
Any alternative methods for protection and preservation
of open lands and common areas shall be submitted at the sketch plat
stage to the Planning Board for review and approval. All alternate
proposals shall be submitted to the Attorney for the Village for review
and comment. The Planning Board may require any additional information
it deems necessary to conduct an adequate review of the alternate
proposals.
