eLaws | eCases | Laws of New York | New York Courts | Counties & Cities of New York | Code of Federal Regulations | United States Code |
 Goshen
 Code of Ordinances
 Appendix A. ZONING
 Article IV. BULK REGULATIONS

  § 4.4. Average density (cluster developments).

Latest version.

  • Pursuant to Village Law § 7-738, cluster developments of single-family detached dwellings in all residence districts shall require approval by the village board in addition to subdivision plat approval by the planning board, according to the procedures and requirements specified below. The purpose of such development is to provide 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, and to preserve the natural and scenic qualities of open space.

    4.4.1. The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total gross site area a fixed percentage of 20 percent of said area, and dividing the remaining 80 percent of the area by the minimum lot area required for single-family dwellings in the district. In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the total gross site area.

    4.4.2. The area of a cluster development shall be in a single ownership, or under unified control, at the time it is before the planning board for review and approval. The area of a cluster development shall be served by public water and sewer systems which shall be deeded to the village upon their completion.

    4.4.3. Prior to the issuance of a building permit in a cluster development, a subdivision plat shall be submitted to and approved by the planning board, in accordance with the subdivision regulations and the following conditions:

    4.4.3.1. The said subdivision plat shall include areas within which buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and their landscaping, offstreet open and enclosed (if any) parking spaces, and streets, driveways, and any other physical features relevant to the proposed plan;

    4.4.3.2. The said subdivision plat shall include a statement setting forth the nature of all proposed modifications of required lot development standards, as set forth in the bulk tables. Such modification shall be within the permissible limits of the bulk table for clustered one-family dwellings; and

    4.4.3.3. The said subdivision plat shall be subject to review and public hearing by the planning board in the manner prescribed in the Village Law §§ 7-728, 7-730, and 7-732.

    4.4.4. In approving the final plat for a cluster development, the planning board may modify the acreage requirement for recreation areas (section 13-27 [46-143] of the village subdivision regulations) provided that the common land dedicated in section 4.4.5 of this ordinance meets all other requirements of the village subdivision regulations.

    4.4.5. A cluster development shall be organized as a separately taxed recreation district approved by the village board, which may require whatever conditions are deemed necessary to ensure that the intent and purpose of this ordinance is carried out. In consideration of said approval, the village board shall, in part, require the cluster development to meet the following conditions:

    4.4.5.1. Title to all common property shall be deeded to the recreation district.

    4.4.5.2. Prior to acceptance of the common property by the recreation district, the village board shall require the applicant to meet all recommendations of the planning board for improvement to the common property. Such improvement may include grading, seeding, and reasonable improvements as required by the planning board.

    4.4.5.3. Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the recreation district.

    4.4.5.4. The developer shall assume all responsibilities for the common land until 75 percent of the dwelling lots or units are sold, at which time the developer shall deed the land to the recreation district.

    4.4.6. Prior to subdivision plat approval, the developer shall file with the village board a performance bond to insure the proper installation of recreation and park improvement shown on the subdivision plat, and a maintenance bond to insure the property maintenance of all common lands until the recreation district is established. The amount and period of said bonds shall be determined by the planning board, and the form, sufficiency, manner of execution, and surety shall be approved by the village attorney and village board.