[Added 2-26-1975 by L.L. No. 2-1975; amended 11-5-2007 by L.L. No. 6-2007]
The purpose of this Article VII is to permit in existing residential districts the clustering of residential dwelling units and the grouping of open space made available thereby so as to achieve a design of such development that will provide an alternate pattern of subdivision layout to the standard pattern which prevails under the current Zoning Ordinance[1] and subdivision regulations. In view of the hilly terrain and broad areas of natural growth of the land within the Village, a primary objective of this Article VII is to prevent the destruction of these areas and preserve the same in their natural state as far as possible.
When authorized by resolution of the Board of
Trustees pursuant to the provisions of § 7-738 of the Village
Law, the Planning Board has the power and authority to approve a cluster
subdivision on residentially zoned areas of the Village on tracts
of land two acres (87,120 square feet) or more as designated on the
Official Map of the Village.
As used in this article, the following terms
shall have the meanings indicated:
A form of subdivision in which the dimensional regulations
and the types of housing, but not the density requirements, as established
in the Zoning Ordinance[1] for residential districts may be varied, resulting in
flexibility of design and the setting aside of certain lands as permanent
naturally vegetated open space.
This procedure shall be applicable only to residentially
zoned lands two acres (87,120 square feet) or more for residential
purposes, and its application shall result in a permitted number of
dwelling units which shall in no case exceed the number which could
be permitted if the land were subdivided into lots conforming to the
minimum lot size and density requirements of the Zoning Ordinance
applicable to the district or districts in which such land is situated
and conforming to all other applicable requirements. Not more than
six dwelling units may be attached units, and each dwelling unit shall
have three exposures. There may only be two dwelling units above a
foundation slab or basement floor, and each dwelling unit must be
provided with a separate, private entrance.
A.
All land devoted to open space shall be in addition
to park or recreational land required by the Planning Board.
B.
All open space which the Village agrees to accept
in dedication shall be usable in its entirety for the purposes the
Village intends.
C.
Where the open space or park or recreational land
is not dedicated to the Village but remains the property of the owners
of the subdivision, all deeds of conveyance shall contain covenants
which shall guarantee that the open space or park or recreational
land remains open and will run with the land. Such covenants shall
also guarantee the maintenance of the open space or park or recreational
land in accordance with the agreements filed with the Village and
shall recite the Village's right, should the maintenance covenants
be violated, to enter upon the open space or park or recreational
land, perform necessary maintenance and assess the costs thereof to
the owners of said open space or park or recreational land. A pre-established
offer of dedication to the Village may be required to be filed with
the Village for acceptance if private ownership were ever discontinued.
[1]
Editor's Note: Former § 220-43, Compliance with
subdivision procedures and requirements, was repealed 9-9-2013 by
L.L. No. 2-2014.
[1]
Editor's Note: Former § 220-44, Final approval by
Board of Trustees, was repealed 9-9-2013 by L.L. No. 2-2014.
[Amended 9-9-2013 by L.L.
No. 2-2014]
Upon final plat approval by the Planning Board of any such application
and the plat which forms a part thereof, the plat shall be filed by
the applicant in the office of the County Clerk; and a further copy
shall be filed with the Village Clerk, who shall make appropriate
notations and references thereto in the Village Zoning Law[1] or Map.
