§ 331-78. SFCH Single-Family Cluster Housing Floating Zone.

See § 331-28D(1).

A. 

Authority. Pursuant to § 37 of the New York General City Law, the Planning Board may, as a matter of its original jurisdiction and subject to the procedures, standards and limitations hereinafter set out, permit, simultaneously with the approval of a subdivision plat, deviations from the zoning requirements established by this chapter governing the average density of population permitted in the zoning district where such land lies.

B. 

Purpose. Cluster development procedures permit minor modifications of the yard, bulk and space requirements, other than minimum open space requirements, minimum lot area per unit and per bedroom requirements and lot coverage requirements, applicable in the various districts established by this chapter. Cluster development permits the grouping of structures in order to plan more usable open space or to preserve open space or historic or scenic features without exceeding overall density or land coverage requirements. This floating zone allows for development of single-family cluster housing.

C. 

Initiation. An application for a cluster development permit may be filed by the owner of, or other person having a contractual interest in, a property that is at least four contiguous acres in size; this regulation is applicable to all residential districts.

D. 

Procedure.

(1) 

Application. Applications for site plan approval of cluster development shall be submitted to the Commissioner of Development. A nonrefundable application fee, as established in § 331-139 of this chapter, shall accompany any application. The application shall be in such form and shall contain such information and documentation as shall be prescribed by the Commissioner of Development but shall in all instances contain at least the following information and documentation:

(a) 

The applicant's name and address and his interest in the subject property.

(b) 

The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.

(c) 

The street address or legal description of the property.

(d) 

The zoning classification and present use of the subject property.

(e) 

A written statement generally describing the proposed cluster development, the housing types to be permitted and the market which it is intended to serve; its relationship to the Comprehensive Plan; and how the proposed cluster development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of this chapter.

(f) 

A tabulation of the following information:

[1] 

The total land area of the site, expressed in square feet.

[2] 

The total number of dwelling units proposed, by type of structure and number of bedrooms.

[3] 

The proposed number of off-street visitor parking spaces.

[4] 

The total land area to be developed for private street purposes.

[5] 

The total land area to be reserved for public rights-of-way.

[6] 

The proposed lot coverage, expressed as a percent of the site's total land area covered by nonresidential buildings.

[7] 

The total land area to be reserved for usable open space, divided between:

[a] 

Land to be used as private open space; and

[b] 

Land to be used as common open space.

[8] 

The proposed density of population, expressed as an average of the total square footage of the site's land area, excluding land used for private streets and/or public rights-of-way, per proposed dwelling unit.

[9] 

The proposed yard setbacks for each unit and/or structure.

(g) 

An analysis of the maximum lot coverage permitted on the subject property by the regulations of this chapter applicable to it, expressed as a percent of the site's total land area covered by buildings.

(h) 

A statement of the minimum yard requirements permitted on the subject property by the regulations of this chapter applicable to it.

(i) 

A statement of the minimum open space requirements permitted on the subject property by the regulations of this chapter applicable to it.

(j) 

A drawing illustrating the maximum number of dwelling units which potentially could be built on the site, using a conventional subdivision design conforming to:

[1] 

The design standards for private and/or public streets; and

[2] 

The zoning regulations applicable to the zoning district(s) wherein such land lies.

(k) 

A statement that the maximum permitted number of units and the maximum permitted lot coverage are not exceeded by the proposed cluster development and that the minimum required area of open space is provided.

(l) 

A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.

(m) 

Proof of continued maintenance of common open space by deed restriction or homeowner's association agreement for developments where any or all required open space is provided on a lot held in common by all lot owners.

(n) 

An application for site plan approval as required and defined by Article XIII of this chapter, which plan shall bear the seal of a registered architect or licensed professional engineer licensed to practice in the State of New York.

(o) 

Such other and further information or documentation as the Planning Board or the Commissioner of Development may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.

(p) 

An application for subdivision approval, if required, shall be made as required and defined by Chapter A361, Article II, Subdivision Procedures.

(2) 

Public hearing. A public hearing shall be set, advertised and conducted by the Planning Board in accordance with § 32 of General City Law.

(3) 

Action by Planning Board. Within 62 days following the conclusion of the public hearing, the Planning Board shall render its decision, either granting the application for cluster development approval; granting it subject to conditions as specified in Subsection F below; or denying the application. The failure of the Planning Board to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application. Within five business days of such decision or the expiration of such period, the Clerk of the Planning Board shall mail notice of such decision or failure to act to all parties entitled thereto as provided by General City Law, file such decision in the Office of the City Clerk, and, in the event that a cluster development site plan application is approved and a building permit is authorized, the Building Official shall issue such permit, listing therein any and all conditions imposed by the Planning Board.

E. 

Requirements for cluster developments.

(1) 

Authorized uses. No use shall be authorized by a cluster development site plan approval except uses permitted or permissible in the district in which such development is to be located. Approval of a cluster development for a use requiring any special approval shall not excuse the requirement of obtaining such special approval.

(2) 

Density and coverage. No site plan approval for a cluster development shall authorize any increase in the overall density or intensity of development nor any increase in the overall lot coverage permitted by the district regulations applicable in the district in which such development is to be located. All land devoted to private street purposes shall be excluded from density, intensity and lot coverage calculations.

(3) 

Standards. Site plan approval for a cluster development shall be granted only if evidence is presented which establishes that:

(a) 

The minimum parcel size shall be four acres.

(b) 

The maximum parcel size shall be 20 acres.

(c) 

The proposed development will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this chapter and Chapter A361, Article II, Subdivision Procedures.

(d) 

The proposed building and/or use complies with all applicable regulations of this chapter except as modified pursuant to the authority of this section.

(e) 

The proposed building and/or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.

(f) 

The proposed cluster development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

(g) 

The proposed cluster development will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

(h) 

The proposed cluster development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.

F. 

Conditions on cluster developments. The Planning Board may impose such conditions upon the premises benefited by a site plan approval for a cluster development as may be necessary to ensure its compatibility with other development in the neighborhood. Such conditions shall be expressly set forth in the resolution authorizing the cluster development and granting site plan approval. Violation of such conditions shall be considered a violation of this chapter.

G. 

Effect of issuance of a cluster development site plan approval

(1) 

The site plan approval for a cluster development shall, upon the filing of a plat of such approved development with the Recorder of Deeds of Westchester County, constitute an amendment of the bulk, space and yard regulations of this chapter applicable to such development, and thereafter such plat shall constitute the bulk, space and yard regulations applicable to such development.

(2) 

However, the issuance of site plan approval for a cluster development shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City or state, including, but not limited to, a permit for a special permit use, a building permit, a certificate of occupancy and subdivision approval.

H. 

Expiration of site plan approval for cluster development. Unless otherwise specifically set forth by the Planning Board in connection with its approval of a cluster subdivision, such approval shall expire if a building permit is not issued within one year from the date of approval and if all construction work is not substantially completed within two years of the date of issuance of such approval. Upon application to the Planning Board, extensions totaling a maximum of 12 months may be granted to the site plan approval effective date, for appropriate cause.

I. 

Adjustments to cluster development during construction. During the construction of a cluster development, the Building Official may authorize minor adjustments to the approved cluster development when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. No such minor adjustment shall authorize the violation of any of the requirements set forth in Subsection E nor result in:

(1) 

Altering the bulk of any one structure or altering the bulk of a member of similar structures by more than 10 %.

(2) 

Altering the location of any one structure or group of structures by more than 10 feet or 0.1 of the distance shown on the plat between such structure or structures and any other structure or any vehicular circulation element or any boundary of the cluster development, whichever is less.

(3) 

Altering the boundary of any open space by more than 20 feet in any direction.

(4) 

Reducing the total amount of open space by more than 5% or reducing the yard area or open space associated with any single structure by more than 5%.

(5) 

Such minor adjustments shall be consistent with the intent and purpose of the Comprehensive Plan, this chapter and the approved cluster development plat, and shall be the minimum necessary to overcome the particular difficulty.

J. 

Amendments to cluster developments. In addition to the minor adjustments authorized by Subsection I(5) above, an approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this chapter, except that site plan review and approval pursuant to Article XIII of this chapter shall be required in connection with any such proposed amendment in excess of the standards set forth in Subsection I.