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New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
Local Law Filing www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
FILED
rSe^.o",?*^ STATE RECORDS
^ . OCT 2 9 201?
DEPARTMENT OF STATE
Local Law No. 4 of the year 2012
A local law to amend CHAPTER 230 entitled "ZONING," by repealing the present
(Insert Title)
§320-26F. Cluster development and adding a new §230-26F. Cluster
development to the code of the Town of Clay,
Be It enacted by the Town Board of the
(Name of Legislative Body)
•County QCity [DTown DVIilage
(Select one:)
of Clay as follows:
SEE AmCHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. A of 20 12 of
the {QmRW(fcM){'^oyA/n)(M^ of C k y was duly passed by the
Town Board on October 1 , 2012 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
— : on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20| I I, in accordance w Ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 06/12) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ^ of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (speGial)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of ^State of New York, having been submitted to the electors at the General Election of
November. 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph. ^ above.
Clerk of me county legislativ| body, City, Town or Village Clerk or
officer designated by local l^islative body
Jin Hageman-Clark, Town Clerk
(Seal) Date: October Z3, 2012
DOS-0239-f-l (Rev. 06/12) Page 4 of 4
LOCAL LAW NO. 4 OF THE YEAR 2012
TOWN OF CLAY
LOCAL LAW NO. 4 OF THE YEAR 2012 TO AMEND CHAPTER 230 entitled
*ZONING'\ by repealing the present § 230-26F. Cluster development and adding a new § 230-
26F. Cluster development to the Code of the Town of Clay
IT IS ENACTED by the Town Board of the Town of Clay, County of Onondaga as follows:
SECTION 1. Amendment of CHAPTER 230 entitled 'ZONING^S by repealing the present
§ 230-26F. Cluster development and adding a new § 230-26F. Cluster development to the
Code of the Town of Clay.
The purpose of this local law is to repeal the present § 230-26F. Cluster development and add a
new § 230-26F. Cluster development in order to conform with recent changes in the NYS
Stormwater Management Design Manual and other requirements
August 20th, 2012 called public hearing for proposed local law for September 17th, 2012 commencing at 7:56 P.M.,
Notice of public hearing published in the Post Standard on September 7th, 2012.
Public hearing held and completed September 17th, 2012.
Local Law was approved at the October 1st, 2012 Town Board Meeting.
Local Law sent to Dept. of State on .
Received letter from Dept. of State, local law filed on .
§ 230-26F ZONING § 230-26F(3)(b)
F. Cluster development.
(1) Intent. The purpose of a cluster development is to promote subdivision development
which offers variety in lot size, site configuration, reduced stormwater impacts, and
affordable options in response to topography and natural features. This altemative
shall result in design and development which promotes the most appropriate use of
the land, facilitates the adequate and economical provision of streets and utilities and
preserves the natural and scenic qualities of open land.
Recent changes in the NYS Stormwater Management Design Manual have increased
the desirability of clustering to reduce impervious cover, preserve additional open
space, and protect water resources.
(2) Definitions.
(a) CLUSTER DEVELOPMENT- Shall mean a subdivision plat or plats,
approved pursuant to this article, in which the applicable zoning code or
local law is modified to provide an altemative permitted method for the
layout, configuration and design of lots, buildings and stmctures, roads,
utility lines, and other infrastmcture, parks and landscaping in order to
preserve the natural and scenic qualities of open lands.
(b) PRELIMINARY PLAT CLUSTER APPLICATION- A cluster application
shall consist of a Treliminary Plat Application'; clustered density
calculation, and the fee for the same. Said Preliminary Plat Application
shall be submitted only after a pre-application review with the Town Board
is held.
(c) PRE-APPLICATION REVIEW- This step begins with a dialogue between
the applicant and the Town; and it does not commit the Town Board to
accept a clustering application.
(3) Authorization Required.
(a) Following the Pre-Application Review, a cluster application shall be
submitted and a public meeting at the Town Board shall be required.
(b) The Town Board shall consider the proposal and vote to accept, modify or
reject the clustering proposal. If the Town Board accepts or modifies the
clustering proposal, it shall prepare a written resolution indicating its
findings and its willingness to entertain a cluster development. It shall also
authorize the Planning Board to continue with the Preliminary Plat Cluster
Application. It may instmct the Planning Board of specific conditions that
shall be attached to the project. The resolution shall include a copy of the
accepted written graphic plans, any SEQRA-related materials, and other
relevant information.
§ 230-26F(3)(c) CLAY CODE § 230-26F(9)(a)
(c) The Town Board may authorize the Planning Board, on a case-by-case
basis, pursuant to Town Law § 276, 277, and 278 and pursuant to Chapter
200, Subdivision of Land of the Town of Clay Code, to vary the zoning
requirements as to lot size, lot width and setback requirements in
connection with a proposed subdivision plat, subject to the standards and
procedures contained herein. Such variations shall result in cluster
developments, still maintaining its original zoning designation.
(d) Unless otherwise stated in their resolution. Town Board authorizations for
cluster development shall be valid for one year from the adoption date of
such resolution to obtain preliminary approval.
(4) Procedure. Application for a cluster development procedure shall be submitted to the
Planning Board and acted on in the same manner as required for subdivision plans as
set forth in Chapter 200, Subdivision of Land, of the Code of the Town of Clay. The
proposed development shall be subject to review at a public hearing or hearings
pursuant to Chapter 200 of the Town of Clay Code.
(5) Applicability. This authorization shall be applicable to the following residential zone
districts:
RA-100 Residential/Agricultural
R-40 One-Family Residential
R-15 One-Family Residential
(6) Minimum cluster site area. To be eligible for clustering, a site shall have a minimum
of 20 acres in the specified residential zones.
(7) Minimum lot size. Residential building lots shall not be reduced on the proposed
clustered site to be less than the zone district having the next lesser lot size required
by the Zoning Code (for example, R-40 to R-15).
(8) Limit on setback reductions. This authorization shall not allow the reduction of
setbacks to zero feet that may result in attached single-family stmctures or multiple-
family dwellings.
(9) Clustered density calculation. The density calculation shall be based on the total
approvable number of lots conforming to the conventional requirements and after
deducting those areas that would not normally be included with such approvable lots.
Deducted areas include but are not limited to:
(a) Residential: roads, designated floodplain areas, wetlands, ponds, streams, and
stormwater detention areas.
§ 230-26F(10) ZONING § 230-26F(12)
(10) Minimum open space. There shall be a minimum of 20% of preserved open space
and/or natural features resulting from each clustered site, after the deductions
indicated in this section.
(a) The developer will propose the specific areas to be retained as open space,
subject to the approval of the Planning Board. The preserved open space
shall be used for purposes such as: preserving important features, providing
passive recreational opportunities, or preserving views.
(b) The preserved open space resulting from the proposed clustering is separate
from and in addition to any lands required pursuant to the park and recreation
requirements of this code.
(c) The Planning Board as a condition of plat approval may establish such
conditions on the ownership, use, and maintenance of such open lands shown
on the plat as it deems necessary to assure the preservation of the natural and
scenic qualities of such open lands. The Town Board may require that such
conditions shall be approved by the Town Board before the plat may be
approved for filing.
(11) Restriction and recording of preserved open lands. 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 final 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 also clearly indicate any other legal
instmments, such as conservation easements or deed restrictions, employed to
implement the preservation of open space.
(12) Modification of Town cluster criteria. The Town Board, upon request or upon its
own initiative, may modify the cluster criteria by finding that the proposed cluster
development is reasonable for the site and meets the intent of this section.
SECTION 2. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State,