Cluster developments.
[Amended 11-2-1995]
A. Legislative authority. The Town Board of the Town of Webster enacts this section of the Code of the Town of Webster pursuant to its authority under New York State Town Law § 278.
B. Legislative intent. It is the intent and purpose of this section to enable and encourage flexibility in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of open space and to protect local ecology, major stands of trees, steep slopes, geological features and other areas of environmental value.
C. Modifications authorized. The Planning Board of the Town of Webster is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law and Chapter 296 of the Code of the Town of Webster, to modify applicable provisions of Chapter 350, Zoning, of the Code of the Town of Webster.
D. Number of dwelling units permitted.
(1) The maximum permitted number of dwelling units or building lots shall be determined by dividing the land area of the subject property by the normal minimum required lot area for the zoning district in which it lies. However, prior to determining the number of dwelling units or building lots, the parcel to be developed shall be adjusted as follows:
[Amended 11-18-2004]
(a) Lands used by public structures or rights-of-way may not be considered as part of the total gross area.
(b) Water bodies, all areas within the one-hundred-year flood boundary as indicated on the Flood Insurance Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA) and state and federal wetlands shall be subtracted from the total gross area.
(c) Where up to 25% of the total gross area of the parcel to be developed consists of land with slopes equal to or greater than 15%, 1/2 of the total of such land shall be subtracted from the total gross area. Where more than 25% of the total parcel to be developed consists of land with slopes equal to or greater than 15%, 1/2 of 25% of the total gross area, together with the amount of land with slopes equal to or greater than 15% in excess of the initial 25% of the total gross area shall be subtracted to determine the adjusted gross area.
(d) The adjusted total gross area of the parcel, as determined in Subsection D(1)(a), (b) and (c) above, shall then be used to compute the maximum number of dwelling units or building lots permitted.
(e) Wetland buffers can be included in the density calculation for the development, but shall be excluded from any potential development themselves.
(2) In no case shall the number of building plots or dwelling units exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 350, Zoning, of the Code of the Town of Webster.
E. Applicability.
(1) The provisions of this section shall apply to applications for division of land parcels containing a total land area of appropriate size and dimension which can accommodate at least five building lots according to the standards of this chapter, and which can be classified as subdivisions under this chapter.
(2) An owner of property within any residential zoning district may make application under this section at sketch plan application, provided that the site meets the minimum requirements defined above.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) The Planning Board may require that a land parcel, meeting the minimum requirements under this section, be developed in a cluster design provided that:
(a) The parcel is located within any residential district or the Waterfront Development District; and
(b) The parcel possesses one or more of the following site characteristics:
[1] Flood hazard areas in accordance with FEMA's Flood Insurance Rate Maps.
[2] Environmentally sensitive areas as designated by the Comprehensive Plan and Map.
[Amended 7-17-2003]
[3] Environmental Protection Overlay Districts as designated by the Town Board.
F. Procedures.
(1) These procedures may be followed at the discretion of the Planning Board, if, in said Board's judgment, the application of these procedures would benefit the Town.
(2) The applicant under this section shall present two preliminary plats or two sketch plans at the time of application, under §§ 296-14 or 296-15 of the Town Code of Webster. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within this chapter. The other shall be a layout outlining development of the parcel in the form of a cluster development.
(3) Upon submission of an application under this section, the applicant shall present all information required in § 296-16 of the Code of the Town of Webster, New York, supplemented by evidence of the consistency of the proposed cluster development with the criteria to be used by the Planning Board in rendering its decision. Such evidence shall include a written statement describing the natural features to be preserved or enhanced by the cluster approach. The statement should also compare the impacts upon the Town from a conventional subdivision layout to the impacts of the cluster development for which application is being sought.
(4) Upon submission of a required application under this part, the applicant shall present all information required in § 296-16 of the Code of the Town of Webster, New York, supplemented by an environmental inventory of the land parcel which identifies:
(a) Flood hazard areas in accordance with FEMA's Flood Insurance Rate Maps.
(b) Environmentally sensitive areas as designated by the Comprehensive Plan and Map.
[Amended 7-17-2003]
(c) Environmental Protection Overlay Districts as designated by the Town Board.
G. General design requirements.
(1) A cluster development shall meet all requirements for a subdivision in accordance with prevailing Town law and any other federal, state and local law, with the exception of the minimum required front and rear setbacks and lot size.
(2) The minimum distance between structures on separate lots which make up a cluster development shall be 15 feet with no less than five feet of that distance being on each of the lots.
(3) The minimum lot widths for lots in a cluster development for each district shall be as follows:
District
Minimum Lot Width
(feet)
R-1
95
R-2
75
R-3
75
BLE)
(4) Each building in a cluster development shall be an integral element of an overall concept for the site. The concept should take into consideration all requirements of this section and all other relevant sections of this law and other Town legislation.
(5) The overall development shall be oriented in such a way as to maximize the preservation of environmental, cultural or recreational resource(s) present at the site.
(6) The area dedicated for open space purposes, including playgrounds and parks, shall be in an amount, location, quality and shape as is desirable for accessibility to all developed properties and open space preservation, as determined by the Planning Board.
(7) Where possible, all land not contained within the lots, road rights-of-ways or designated preserve land shall be contiguous and of such size and shape as to be usable for recreation and/or open space.
H. Permitted uses. Permitted uses in a cluster development shall be the same as those allowed in the Town zoning district where the development is proposed and located. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Zoning Ordinance applicable to such lands.
I. Open space.
(1) All land not included in building lots or road rights-of-way shall be designated as open space. At minimum, open space within a development should equal or exceed the difference between the total land area required for building lots under a conventional subdivision and the total land area required for building lots under the proposed cluster development.
(2) Where a cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, should be a part of the open space.
(3) All areas designated for open space shall also comply with § 296-27J of this chapter.
J. Action by the Planning Board.
(1) The Planning Board, prior to acting on an application for preliminary plat review, within the time limits established in this chapter, shall refer all relevant information of the application for review and comment to the Town Engineer, and any other bodies, at its discretion. All and any comments on the application received within the time limits established in this chapter shall be reviewed and considered prior to Planning Board action on the application.
(2) The Planning Board shall approve a voluntary application for cluster development, or mandate cluster development under a required application, if the proposed development complies with the standards of this and other relevant laws and if, in its opinion, based on review of evidence about the site, traditional site layout would result in the elimination or permanent alteration of at least 60% of one or 60% of any combination of the following attributes present on the site:
(a) Flood hazard areas in accordance with FEMA's Flood Insurance Rate Maps.
(b) Environmentally sensitive areas as designated by the Comprehensive Plan and Map.
[Amended 7-17-2003]
(c) Environmental Protection Overlay Districts as designated by the Town Board.
(3) In the event that the criteria listed above is not met by the proposed development, the Planning Board may approve a voluntary application for cluster development if, in its opinion, the development of the site in a cluster design shall achieve one or more of the following objectives:
(a) The proposed cluster development shall protect natural and scenic resources on, adjacent to or near the site, better than conventional site layout.
(b) The proposed cluster development shall contribute to town-wide open space planning by creating or complementing a system of permanently preserved open spaces.
(c) Sufficient evidence has been presented by the applicant to document that the proposed cluster development shall foster housing for special sectors of the community, including those groups identified in the Comprehensive Plan as populations which may require special housing initiatives to meet their particular needs (e.g., elderly residents, first-time home buyers).
[Amended 7-17-2003]
K. Reservation of open space lands.
(1) As a condition of final plat approval of a cluster development, a perpetual conservation easement and/or other rights to property shall be placed on open space land which have the minimum effect of restricting development permanently and allowing use of such open land only for agriculture, forest management, active or passive recreation, watershed protection, wildlife habitat or other open space use and prohibiting residential, industrial or commercial use, pursuant to the open space requirements of this law and the Town Subdivision of Land regulations.
(2) Open space created by the use of cluster development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public. The plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. It shall indicate the book and page number of any conservation easements or deed restrictions required to be filed to implement such reservation of open space.
L. Patio homes.
[Added 12-20-2001 by L.L. No. 7-2001]
(1) It is desirable to allow patio home development within the Town of Webster to preserve open space and provide housing to accommodate senior citizens and small households.
(2) "Patio home" defined: a freestanding single-family home with an attached two-car garage, managed by a homeowners' association, and which home is subject to the dimensions set forth below in this subsection.
(3) PATIO HOME PROJECT -- A parcel of at least 20 contiguous acres devoted exclusively to patio homes, which shall be allowed in all residential districts except LL Large-Lot Single-Family Residential.
[Added 7-18-2002 by L.L. No. 2-2002]
(4) Dimensions of patio homes projects under this section:
[Amended 7-18-2002 by L.L. No. 2-2002]
(a) Minimum acreage for any such project: 20 acres.
(b) Minimum square footage for each home: 1,500 for single-story homes, and 1,700 for one-and-one-half- and two-story homes.
(c) Minimum side setback: five feet.
(d) Minimum front and rear setbacks: 30 feet.
(e) Minimum distance between homes: 15 feet.
(f) Minimum lot size: 9,000 square feet.
(g) Minimum lot width: 60 feet.
(h) Minimum front setbacks from the center line of a private road: 45 feet.
(5) One-half or 50% of every such project shall be dedicated to, or remain, open space, exclusive of all easements, restrictions, dedicated and/or private roads, licenses, reservations and rights-of-way.
[Amended 7-18-2002 by L.L. No. 2-2002]