22.26.010 INTENT

The intent of this section is to permit the development of one-family residential patterns which, through design innovation, will provide for an alternate means for development of single-family areas. To accomplish this, an applicant may propose specific modifications to the One Family Residential standards as outlined in the Schedule of Regulations. The modifications may be permitted in the R-A, R-1, R-A1, R-2, R-2A and R-3 Districts subject to Village Council review and approval and the conditions herein imposed. {Ord. 257, 4-26-92}

22.26.020 GENERAL

For the R-A, R-1, R-1A, R-2, R-2A, and R-3, Single Family Residential Districts, any requirement of Section 22.24 - Schedule of Regulations may be waived subject to Village review and approval and the conditions imposed by this section. {Ord. 257, 4-26-92}

22.26.030 QUALIFICATIONS FOR CLUSTER OPTION

The Village Council may approve of the clustering of buildings on parcels of land under single ownership and control, which, in the opinion of the Village Council, have characteristics which would make sound physical development under the normal subdivision approach undesirable because of location, because the site has natural characteristics which are worth preserving or which make platting difficult, or if the proposed clustering plan provides a recognizable and substantial benefit to the Village. In approving an area for cluster development, the Council shall find at least one of the following conditions to exist:

a. A substantial part of the parcel's perimeter is bordered by a major or intermediate thoroughfare which would result in a substantial proportion of the lots or single family dwellings of the development fronting on the major or intermediate thoroughfare.

b. The parcel contains natural land forms which are so arranged that the change of elevation within the site includes slopes in excess of fifteen percent (15%) between these elevations. These elevation changes and slopes shall appear as the typical feature of the site and shall represent at least fifteen percent (15%) of the horizontal development area of the site, rather than the exceptional or infrequent features of the site. The topography is such that achieving road grades of less than that permitted by the Village would be impossible unless the site were mass graded. The providing of single family clusters will allow a greater preservation of the natural setting.

c. The parcel is in a floodplain or has documented poor soil conditions which result in a substantial portion of the total area of the parcel being unbuildable.

d. The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features or other natural assets which should be preserved.

e. The Village Council finds that the proposed clustering plan meets all of the following criteria:

1. Implementation of the cluster plan shall result in a recognizable and substantial benefit to the direct users of the plan and to the community. For the purpose of this approval a recognizable and substantial benefit is defined as follows: A clear benefit, both to the ultimate users of the property in question and to the Village, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include: long-term protection or preservation of natural resources, preservation of historical structures or significant architectural features; or, elimination of nonconforming use(s) or structure(s);

2. The proposed development shall not have an adverse impact on future development within the Village as presented in the adopted Village Master Plan.

3. The proposed development shall be consistent with the intent and spirit of this Ordinance; and

4. The proposed development shall not impede the continued use of future development of surrounding properties for uses that are permitted in the Zoning Ordinance nor diminish their value.

In order to qualify a parcel for development under Paragraphs (b), (c), or (d) of this Section 22.26.030, the Village Council shall review documented evidence supplied by the applicant or their agent and prepared by a qualified professional in the appropriate field and make a determination that the request is supported by the documentation. Such evidence shall include the following as appropriate: soil test boring, a flood plain map, topographic map of maximum two (2) foot contour interval, and an inventory of all natural assets located on the site. The Council may, at their discretion, engage independent qualified professionals to review any submission by the applicant, with all costs to be borne by the applicant. {Ord. 257, 4-26-92}

22.26.040 PRELIMINARY DETERMINATION, CONCEPT REVIEW, FINAL APPROVAL

All cluster option plans shall be subject to the following procedure for review:

a. The first step in the development of a cluster option plan is a preliminary determination by the Village Council that Section 22.26.030 applies to the site and/or proposed plan. This determination will be made following a review and recommendation by the Planning Board and is accomplished by a concept review of the site plan. The concept review considers the following basic issues: benefit, density, utilities, circulation, extent or degree of modification from existing requirements and standards, and the relationship to adjacent development. A preliminary determination based upon the concept review does not assure approval of a clustering plan. A favorable preliminary determination will, however, provide petitioner with an indication as to whether or not to proceed with the detailed site plan required for final approval.

b. Following approval of a concept plan by the Village Council, a site plan review shall be conducted according to Section 22.08.290. All modifications to Village regulations must be detailed on the site plan. Clustering plans shall comply with Village regulations, such as, but not limited to: the Village Subdivision Control Ordinance, and condominium regulations as stated in Chapter 22.25. Following a review and recommendation by the Planning Board, final approval of the cluster option may be granted by the Village Council through the approval of the site plan. {Ord. 257, 4-26-92}

22.26.050 STANDARDS FOR CLUSTER OPTION

For developments which qualify for the cluster option, certain requirements and standards set forth in the Schedule of Regulations and elsewhere in this Ordinance may be modified as follows:
a. The required average minimum land area and density requirements shall be as follows:

1. In a cluster development, the regulations for determining the required average minimum land area for each dwelling unit shall be as follows:

Single Required Average Required Average
Family Minimum Land Area Minimum Land Area
Residential (Sq. Ft.) Per (Sq. Ft. per)
District Dwelling Unit in Dwelling Unit in
Developments With Developments With-
Public Streets or out Public Streets
With Private or Without Private
Streets Built to Streets Built to
Village Standards Village Standards
Not Counting the
Area of the
Streets

R-A 25,000 28,900

R-1 16,000 19,000

R-1A 12,000 15,000

R-2 12,000 14,250

R-2A 9,000 11,250

R-3 6,000 7,800

2. A cluster option shall contain sufficient minimum land area for at least six (6) residential units, as determined by the table in Subsection (a)(1) above.

3. Notwithstanding the foregoing minimum land area requirements of Subsection (a) (1) and Subsection (a) (2) above, the density of any development under the cluster option shall not exceed the maximum density that could be achieved by developing single family lots in conformance with this Ordinance, the Village Subdivision Regulations, the Village Private Road Ordinance and all applicable State and County subdivision regulations, including the Subdivision Control Act of 1967, being P.A. 1967, No. 288 as amended. To ensure compliance with this density requirement, the applicant is required to submit a parallel plot plan of the site at the time of concept review. The parallel plan shall be designed with lots or unit lots and roadways that meet or exceed all State and Village minimum requirements for a conventional subdivision.

b. In no case shall the spacing between residential units be less than ten (10) feet, measured between the nearest points of adjacent buildings.

c. Building setbacks from streets shall be determined after consideration of potential vehicular traffic volume, site design, and pedestrian safety. In determining the setbacks, the following minimum requirements shall apply:

1. A cluster development shall maintain an open space area of at least forty (40) feet from any pre-existing public street right-of-way.

2. No structure within a cluster development shall be nearer to the pavement edge or the shoulder of any private street or drive than ten (10) feet.

3. No garage or required off-street parking space shall be located closer than twenty (20) feet from the right-of-way line of any street proposed to be dedicated to the public. However, a garage or required off-street parking space may be located as close as twenty (20) feet from the pavement edge of any private street or drive located within the common area of the cluster development, provided that the placement does interfere with traffic circulation throughout the development.

4. A cluster development shall provide and maintain usable common open space at the ratio of 1,000 square feet of open space per dwelling unit, provided that each development shall contain a minimum of ten thousand (10,000) square feet of common open space. Any pervious land area within the boundaries of the site may be included as required open space, except for land contained in public or private street rights-of-way.

5. All required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction or covenant that runs with the land, assuring that the open space will be developed according to the site plan and never changed to another use.

d. In computing the height of any individual dwelling unit in a cluster on a slope in excess of ten (10) percent and when the unit is constructed on posts, the first ten (10) feet of height in the posts shall not be computed. Applications of the definition of "Building Height" shall apply over and above this ten (10) feet of post height.

e. In order to provide an orderly transition of density, where the parcel proposed for use as a cluster development abuts a one family residential district, the Village Council shall determine that the abutting one family district is effectively buffered within the cluster development by means of one or more of the following:

1. Single family lots subject to the standards of the SCHEDULE OF REGULATIONS;

2. Detached buildings with setbacks as required by the SCHEDULE OF REGULATIONS for rear and side open space for the applicable residential district;

3. Open or recreation space;

4. Changes in topography which provide an effective buffer;

5. A major or intermediate thoroughfare; and/or,

6. Some other similar means of providing a transition. {Ord. 257, 4-26-92}

22.26.060 APPLICATION, PROCEDURES AND FINAL APPROVAL

a. In making application for approval under this section, the applicant shall provide a sworn statement from each property owner or other party with an ownership interest in any portion of the property to be included as part of the clustering plan indicating that the party:

- supports the application,
- authorizes the applicant to be an agent before the Village,
- agrees to abide to any requirements or conditions developed as part of a final clustering plan.

b. For the concept review and preliminary determination of qualification of the clustering plan, the applicant shall submit a conceptual site plan with sufficient information to show that the parcel qualifies for the cluster option pursuant to Section 22.26.030. This plan shall enable the Planning Board and the Village Council to review the benefits, density, utilities, extent or degree of modification from existing requirements and standards, circulation and relationship to adjacent development. The conceptual plan shall include topography drawn at two (2) foot contour intervals, all computations relative to acreage and density, typical building elevations, and typical floor plan. A separate parallel plan as required in Section 22.26.050 (a) (3) shall also be provided.

c. The application and all accompanying materials shall be first reviewed by the Village Council at a regular meeting and forwarded to the Planning Board for their review and recommendation. the Planning board shall hold a public hearing on the preliminary determination of qualification and the site plan concept, and then submit their recommendations to the Village Council. After reviewing the recommendations of the Planning Board, the Village Council shall hold a public hearing, make a preliminary determination of qualification and review the concept plan. If the Village Council finds that the parcel does not qualify for the cluster option or finds that the cluster option should not be approved because it does not meet the letter and spirit of this ordinance or because the proposal would be detrimental to existing development in the general area based on the standards set forth in Section 22.08.300 (h) of this Ordinance, it shall deny the cluster option. The reasons for denial shall be specified in the minutes of the Council meeting.

d. If the Village Council makes a preliminary determination that the proposal does qualify for the cluster option, the matter shall be referred by Council to the Planning Board for the second step of the approval process which includes the review of a detailed site plan. The site plan shall comply with all requirements of Section 22.080.290 Site Plan Review and, if applicable, all information required for subdivisions pursuant to the Municipal Code. Review of the site plan and the cluster option proposed shall proceed in accordance with the procedures of Section 22.080.300 for Special Condition uses. The Planning Board shall conduct a public hearing on the site plan and make a recommendation to the Village Council. After receiving the Planning Board's recommendation the Village Council shall hold a public hearing on the site plan and make a final decision to deny, approve or approve with conditions the cluster option and the site plan. Any denial, approval or conditional approval shall be in accordance with the standards in Section 22.080.300(h) as well as the standards set forth in this Section 22.26. If the Village Council denies the Cluster Option or the site plan, it shall specify the reasons for its denial in the minutes of its meetings.

e. If the Council approves the site plan it shall instruct the Village Attorney to prepare a deed covenant or similar instrument enforceable by the Village. Said instrument shall set forth the conditions upon which such approval is based and define the point at which substantial construction is initiated. This instrument, after approval by the Council, shall be agreed upon by the Village and the applicant and filed with the appropriate Registrar of Deeds prior to the issuance of a building permit for any construction in accordance with site plans.

f. As a condition for the approval of the site plan by the Council, the applicant may be required to provide a performance guarantee in accordance with Section 22.08.310.

g. Development of the open space shall be completed concurrently with the construction of the dwelling units.

h. If substantial construction as defined in the legal instrument required in Subsection (e) above, has not commenced within twelve (12) months of approval by the Village Council, all Village approvals shall become null and void. The applicant may apply in writing to the Village Council for an extension, not to exceed twelve (12) months, at least thirty (30) days prior to the expiration of this deadline. A maximum of two (2) extensions may be allowed on any approved plan.

i. The Zoning Board of Appeals shall not have authority to consider an appeal of any decision by the Village Council concerning a Cluster Option proposal. {Ord. 257, 4-26-92}