[HISTORY: Adopted by the Town Board of the Town of Niles 9-14-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 34.
Flood damage prevention — See Ch. 107.
Mobile homes — See Ch. 135.
Setbacks and lot area — See Ch. 164.
Site plan review — See Ch. 170.
These regulations are hereby adopted by the Planning Board of the Town of Niles so as to achieve the purposes intended by the Town Board of the Town of Niles in its resolution dated September 14, 1995, authorizing the Planning Board to review and approve subdivisions. These purposes are enumerated in § 276, Subdivision 1, of the Town Law of the State of New York.[1]
[1]
Editor's Note: Town Law § 276 is on file and available for inspection in the Town offices.
As used in this chapter, the following terms shall have the meanings indicated:
FINAL PLAT
A drawing prepared in accordance with § 190-6B and C of these regulations showing all information shown on the preliminary plat and the modification of such information as was required by the Planning Board at the time it approved of the preliminary plat, if it in fact did approve said preliminary plat.
PRELIMINARY PLAT
A drawing prepared in accordance with § 190-6A and C of these regulations showing the layout of the subdivision, including the layout and dimensions of roads and lots, topography and drainage, existing and proposed public or private infrastructure (unsized).
PRELIMINARY PLAT APPROVAL
The approval of the layout as shown on the preliminary plat, but subject to the approval of the plat in final form.
SUBDIVISION
The division of any parcel of land into any number of lots, blocks or sites with or without streets, for the purpose of sale, transfer of ownership or development. The term "subdivision" shall include any alteration of lot lines or dimensions of any lots or sites shown on a plat previously filed in the office of the County Clerk. The term "subdivision" is further defined as either a minor or major subdivision.
[Amended 12-11-2003 by L.L. No. 4-2003; 8-11-2011 by L.L. No. 4-2011]
A. 
MINOR SUBDIVISIONAny subdivision of a parent parcel of land into less than five lots, unless such lots are to be serviced by new public roads or other new public infrastructure.
B. 
MAJOR SUBDIVISIONAny subdivision of a parent parcel of land into five or more lots, or a subdivision of any number of lots to be serviced by new public roads or other new public infrastructure.
C. 
Specifically excluded from the calculation of the number of lots surveyed from a parent parcel to determine if a subdivision is a minor subdivision or a major subdivision is any parcel of land surveyed from the parent parcel which is contiguous with another preexisting parcel to which the new parcel will now be joined under one tax map number.
A. 
Final plats required. Only plats submitted in final forms may be approved by the Planning Board. However, in order to provide an applicant with an opportunity to discuss his or her development concept with the Board and to make plan preparation as cost efficient as possible, these regulations offer the option of submitting a subdivision application and/or a preliminary plat to the Planning Board prior to submitting a final plat.
B. 
Subdivision application.
(1) 
The applicant may choose to submit a subdivision application and environmental assessment form, available from the Town offices, prior to preparing a final plat. A copy of this form is attached to and hereby made a part of these regulations.[1]
[1]
Editor's Note: Said form is on file and available for inspection in the Town offices.
(2) 
The applicant shall complete the form and return it to the Town offices.
(3) 
At the first Planning Board meeting following the receipt of an application form, the Planning Board will review it and discuss the development concept with the applicant. Following this review and discussion the Board shall make the following determinations:
(a) 
The proposal shall be classified as either a major or minor subdivision.
(b) 
A preliminary determination regarding potential environmental issues shall be made.
(4) 
If the Planning Board determines that the proposal is a minor subdivision, that no environmental issues are evident and that the proposal is consistent with the development and growth plans of the Town, it may waive these regulations. Such a determination shall be based upon the following findings:
(a) 
The proposal presents no apparent impediments to the continuation of viable agricultural activity when the proposal is located within a portion of the Town included in an agricultural district established under the New York State Agriculture and Markets Law.
(b) 
The proposal would establish lots that comply with the minimal dimensional standards of Chapter 164, Setbacks and Lot Area, for the activity and location intended.
(c) 
The proposal would establish lots that make efficient use of land by avoiding lot layouts which are excessively long and narrow, minimize the number of access points (driveways) to the public road network and minimize the need to alter the physical and natural features of the site. A lot layout which proposes lots with a ratio between length and width greater than 2.5 to 1 will generally be found to be inefficient, except in the case of a flag lot where this ratio would only be applied to the buildings portion of the lot.
(5) 
Should the Planning Board find circumstances that prevent granting a minor subdivision, the applicant shall, at the discretion of the Planning Board, either follow the procedures for a major subdivision review or receive a variance from the Board of Appeals. If the Board of Appeals denies the variance, the applicant may still apply for a major subdivision review from the Planning Board.
[Amended 7-14-2005 by L.L. No. 2-2005]
C. 
Preliminary plat. The applicant may choose to submit a preliminary plat prior to submitting a final plat for Planning Board approval. The purpose of this step is to provide the applicant with a means by which he/she can obtain an indication from the Planning Board as to any elements of the proposal that may prevent its approval or require its modification prior to submission of a final plat. The steps for the submission and review of a preliminary plat shall be those set forth in § 276 of the Town Law,[2] which are also outlined in Subsection E of this section of these regulations.
[2]
Editor's Note: Town Law § 276 is on file and available for inspection in the Town offices.
D. 
Final plat. The applicant must submit a final plat in order to obtain Planning Board approval for a subdivision. The steps for the submission and review of a final plat shall be those set forth in § 276 of the Town Law, which are also outlined in Subsection E of this section of these regulations.
E. 
Procedures outline. The steps for Planning Board review and approval of a preliminary and/or final plat shall be those set forth in § 276 of the Town Law. These are outlined below.[3] Should a dispute arise as to the meaning or intent of this outline or its consistency with the provisions of § 276, the text of said section shall supersede this outline and govern.
[3]
Editor's Note: The outline is on file and available for inspection in the Town offices.
F. 
Other procedural issues.
[Amended 10-12-2017 by L.L. No. 3-2017]
(1) 
Upon scheduling a public hearing for major subdivision applications, the Town shall provide notice of such hearing to all adjacent property owners by mail.
(2) 
The constraints set forth in the preceding outline and § 276 of the Town Law may be modified by mutual agreement between the applicant and the Planning Board. Absent such agreement, failure of the Planning Board to act within the designated time frame shall result in a default approval of the proposal and, in such case, the Town Clerk shall certify the proposal in accordance with § 276 of the Town Law.
(3) 
The Planning Board may issue a conditional approval of a final plat. Such an approval will authorize the Board Chairperson to sign the plat at such time as the conditions established have been met, for example, installation of a required improvement. A conditional approval shall expire in 180 days from its being granted; however the Planning Board may extend a conditional approval for up to two ninety-day periods.
(4) 
The Planning Board may approve a plat in sections.
(5) 
All submissions must be clearly identified as being an application, preliminary plat or final plat.
A. 
Prior to granting approval of a subdivision, at any stage in the review process, the Planning Board shall determine that the plat as presented shows that the land depicted thereon is of a character that would allow it to be used for building purposes without danger to health or peril from fire, flood, drainage or other menace or cause such danger to neighboring properties or the general public health, safety and welfare.
B. 
In addition to the general determination made in accordance with Subsection A above, the Planning Board shall reach the following specific determinations prior to granting approval of a proposed plat at any stage in the review process:
(1) 
Streets and highways will be of sufficient width and suitable grade and suitably located to accommodate prospective traffic; facilitate fire protection and provide access for fire-fighting equipment to buildings; afford adequate light and air; are consistent with the objectives of any applicable Town plans or official maps, and subject to the approval of the Town Highway Superintendent.
(2) 
Suitable monuments have been placed at block corners and at any other necessary points identified by the Planning Board.
(3) 
Streets or other public places shown have been suitably graded and paved. Street signs, sidewalks, streetlights, curbs, gutters, street trees, water mains, fire alarm signal devices and hydrants, sanitary sewers and storm drainage management facilities, to the extent such are required by the Planning Board or proposed by the applicant and approved by the Planning Board, have been installed in accordance with the standards, specifications and procedures of the Town Board, and have been installed in accordance with the standards, specifications and procedures of the Town agency having jurisdiction over such facilities. As an alternative to installation prior to approval of the plat, the applicant will post a performance bond or other security or request a conditional approval in accordance with § 190-3F(2) of these regulations.
(4) 
If required by the Planning Board, a park or parks suitable for playground or other recreational purposes is shown on the plat. A park may only be required when the Board reaches a determination that such is needed in accordance with the provisions of § 277, Subdivision 4, paragraphs a, b and c, of the Town Law.
[Amended 3-9-2000 by L.L. No. 2-2000]
(5) 
Any required improvements are appropriate for the prospective character of the development. Character includes, for example, high- or low-density residential, business or industrial use.
(6) 
The proposed lots meet the dimensional requirements of Chapter 164, Setbacks and Lot Area. Should one or more lots fail to meet said requirements, the applicant may request an area variance from the Board of Appeals without having first applied to the Code Enforcement Officer. The Board of Appeals shall apply its usual standards and criteria for granting or denying such a request; however, it shall also request a written recommendation from the Planning Board regarding the request.
(7) 
The proposal is consistent with the planning objectives of the Town.
C. 
Any improvement required by this regulation may be waived by the Planning Board subject to appropriate conditions when the Board finds that such improvement is not requisite to protecting the public health, safety and general welfare or inappropriate due to inadequacy or lack of connecting facilities adjacent to or near the subdivision under review.
A. 
The object of this section is to provide means by which the Town can be assured that any improvements required as a requisite to the development of a proposed subdivision are installed in an appropriate manner, consistent with any required standards.
B. 
The objective of this section may be met by the developer installing all required improvements prior to Planning Board approval. Usually this will occur between the preliminary and final plat reviews, but may follow the Planning Board's approval of a final plat prior to the signing of it by the Chairperson of the Planning Board.
C. 
As an alternative to Subsection B above, a performance bond or other security to cover the full cost of required improvements shall be furnished to the Town by the owner of the property being subdivided. The costs of required improvements shall be estimated by the Planning Board or such other Town department as the Planning Board may authorize to provide it with this information.
D. 
When a plat is proposed to be approved in sections and the Planning Board has agreed to such a procedure, this section shall apply to the portion of the plat to be filed in the office of the County Clerk. No building shall be permitted within any portion of a plat not so filed until the required improvements have been made to that portion or alternative arrangements have been made to assure that such improvements are installed.
E. 
The form, terms and other conditions, including default, of a required security shall be as set forth by § 277, Subdivision 9, of the Town Law.[1]
[1]
Editor's Note: Town Law § 277 is on file and available for inspection in the Town offices.
F. 
The Town Board may adopt a resolution whereby sidewalks, water mains, sanitary sewers and/or storm drains that may be required by the Planning Board shall be installed by the Town as a Town expense as authorized by Articles 3A and 12C of the Town Law, or at the expense of an existing improvement district within which the plat is located. Such improvement may also be acquired by the Town Board on behalf of the Town or an improvement district as authorized by Articles 3A, 12, 12A or 12C of the Town Law. Any such resolution shall be consistent with the requirements and provisions of § 277, Subdivision 10(b)(i) and (ii), of the Town Law.
A. 
A preliminary plat shall be at a scale not more than 100 feet to the inch and show the following information:
(1) 
Proposed subdivision name or identifying title.
(2) 
North point, scale and date.
(3) 
Name of the owner of the property.
(4) 
Name and seal of the registered engineer, surveyor or architect responsible for the plan.
(5) 
Tract boundaries with bearings and distances.
(6) 
Contours at vertical intervals of five feet or, in the case of relative level tracts, at such lesser interval as may be necessary for satisfactory study and planning of the tract.
(7) 
Soil types as mapped out by County Soil Survey.
(8) 
Datum to which contour elevations refer. Where reasonably practicable, data shall refer to known, established elevations.
(9) 
All existing watercourses, tree masses and other significant natural features.
(10) 
All existing streets on or adjacent to the tract, including name, right-of-way width and pavement width.
(11) 
All existing property lines, easements and rights-of-way, and the purpose for which the easements or rights-of-way have been established.
(12) 
Location and width of all proposed streets, alleys, rights-of-way and easements; proposed lot lines with approximate dimensions; playgrounds, public buildings, public area and parcels or land proposed to be dedicated or reserved for public use. Proposed streets shall be named by the Town Board.
(13) 
Wherever practicable, the preliminary plan shall show the names of owners of all abutting unplatted land and the names of all abutting subdivisions.
(14) 
The landscape architect or developer shall prepare a landscape plan with at least three, 1 1/2 caliber and a height of six feet, trees per parcel and identify each in a planting plan and diagram. All trees must be native hardwood trees of mixed species.
B. 
A final plat shall be at a scale not more than 100 feet to the inch, be a clear and legible white print or an ink drawing suitable for filing in the office of the County Clerk, be on sheets 20 inches by 20 inches overall and show the following information:
(1) 
Subdivision name or identifying title.
(2) 
North point, scale and date.
(3) 
Name of the record owner and subdivider.
(4) 
Name and seal of the registered professional engineer, architect or surveyor responsible for the plan.
(5) 
Boundaries of the tract.
(6) 
Street lines, lot lines, right-of-way, easements, and areas dedicated or proposed to be dedicated to public use.
(7) 
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line and to reproduce such lines on the ground.
(8) 
The length of all straight lines, radii, lengths of curves and tangent bearings for each street.
(9) 
All dimensions and angles or bearings of the lines of each lot and each area proposed to be dedicated to the public.
(10) 
The proposed building setback line for each street.
(11) 
Location and width of private driveways emanating from corner lots.
(12) 
All dimensions shall be shown in feet and in hundredths of a foot.
(13) 
Lot numbers.
(14) 
Names of streets within and adjacent to the subdivision.
(15) 
Permanent reference monuments shall be shown, and shall be specified by the Board engineer.
(16) 
Names of any adjoining subdivisions shall be shown.
(17) 
Names of the owners of any unplatted land shall be shown.
(18) 
Certificate of dedications of streets and other public property.
(19) 
Certificate for approval by the Planning Board.
C. 
Attached to the final plat and, if appropriate, the preliminary plat shall be the following:
(1) 
An affidavit that the applicant is the subdivider of the land proposed to be subdivided.
(2) 
Certification by the Town Board that the installation of water, sewer and street facilities is both practical and feasible.
(3) 
Certification by the State Department of Health and/or County Department of Health when individual sewage disposal or water systems are adequate.
(4) 
Certification by the Town Board that the subdivider has met the requirements of § 190-5 of this chapter.
(5) 
Protective covenants, if any, in form for recording.
(6) 
The subdivider shall tender offers of cession in a form certified as satisfactory by the corporation counsel of all land included in streets, highways or parks, water systems, not specifically reserved, but approval of the plan by the Planning Board shall not constitute an acceptance by the Town of the dedication of any street, highway or park or other open public areas.
(7) 
Bonds. The developer shall post bond to cover the cost of public improvements.
(8) 
Liability insurance. The developer shall present a certificate of liability insurance to protect the municipality with coverage of at least $1,000,000. The insurance shall be of such duration until the project is completed and the public improvements are accepted by the municipality. A copy of the insurance policy shall remain at all times at the Town Clerk's office.
(9) 
Title insurance. The developer must provide evidence of that title insurance in the amount of not less than the cost of lands to be dedicated as shown and approved on the final plan.[1]
[1]
Editor's Note: The "Examples of Sketch Plans, Preliminary Plans and Final Plans" attachment which originally followed this subsection is on file and available for inspection in the Town offices.
A. 
Streets (width, location and construction).
(1) 
All streets, whether intended for dedication as public streets or not, shall be of sufficient width, suitably located and adequately constructed to accommodate prospective traffic and afford access for fire fighting, snow removal and road maintenance equipment. Streets should be located so as to compose a convenient overall street system within the proposed subdivision and in relationship to the overall area or neighborhood.
(2) 
All streets, whether intended for dedication as public streets or not, shall be located within a right-of-way of at least 60 feet in width. Unless exceptional circumstances can be demonstrated, the center of a street shall be located at the center of the right-of-way within which it is located.
(3) 
All streets intended for dedication as public streets, and all nonresidential streets [Subsection A(5) of this section] shall be constructed in accordance with the most current specifications of the Town Highway Superintendent and shall only be eligible for dedication upon determination by the Town Highway Superintendent that said specifications were employed.
(4) 
When deemed appropriate, the Planning Board may permit a subdivision to be served by a private residential street. In such cases, any plans filed or offerings made to sell the lots served by such private street shall clearly label the street as "private, not eligible for dedication to the Town as a public street," and contain an explanation as to the manner by which the private street shall be maintained and kept free of snow or other blockage.
(5) 
The width of a residential street may vary depending upon the number of dwelling units served by the street and other streets feeding traffic onto it, the width of lots abutting the street and the design speed of the street. This section applies only to residential streets and any street not meeting the definitions below shall be deemed a nonresidential street. The following definitions, chart and explanatory material shall be used to determine a particular street width.[1]
[1]
Editor's Note: Said definitions, chart and explanatory material are on file and available for inspection in the Town offices.
(6) 
To the extent feasible, based upon the geography of the site, provision shall be made for the extension of roads to adjoining areas at future dates. When a proposed street is continued to the edge of a presently undeveloped area, a temporary turnaround shall be provided (Figure 3[2]).
[2]
Editor's Note: Figure 3 is on file and available for inspection in the Town offices.
(7) 
Unless there is an existing or proposed street to be extended, it shall generally be undesirable to terminate a street at a property line. When this creates a problem in providing access to corner lots, an "eyebrow" may be used or other techniques employed (Figure 4[3]).
[3]
Editor's Note: Figure 4 is on file and available for inspection in the Town offices.
(8) 
When a subdivision abuts a New York State Route or special measures may be required by the Planning Board to minimize traffic impact on these major arterials. Such measures may include requiring a marginal access road requiring reverse frontage lots with screen planting and no vehicular access, limiting points of access to no, or other means of preventing excessive private vehicle access to the arterial (Figures 5, 6 and 7[4]).
[4]
Editor's Note: Figures 5, 6 and 7 are on file and available for inspection in the Town offices.
(9) 
Dead-end streets or cul-de-sac streets may be employed where appropriate to the geography of the area and density of development. When permitted, unless other standards are set to be the general standards for roads issued by the Highway Superintendent, a cul-de-sac shall have a paved turnaround area at its point of termination with a right-of-way radius of 60 feet. A dead-end street, when permitted, shall have a hammerhead at its point of termination sufficient to permit a vehicle to reverse direction in three maneuvers. A dead-end street or cul-de-sac street shall not exceed 800 feet in length (Figure 8[5]).
[5]
Editor's Note: Figure 8 is on file and available for inspection in the Town offices.
(10) 
Taken as a whole, the streets within a proposed subdivision shall form a system of blocks. No single block shall be less than 400 feet nor greater than 1,200 feet in length.
(11) 
In order to provide for traffic visibility, A combination of steep grades and curves shall be avoided. Also, that portion of a corner lot shown in Figure 12 shall be kept free of any obstruction greater than three feet in height and depicted upon any approved plan as so restricted (Figure 9[6]).
[6]
Editor's Note: Figure 9 is on file and available for inspection in the Town offices.
(12) 
All intersections shall be rounded and curbed with Belgian block or comparable material. The curve radius shall be at least 20 feet. Where curbing is not required for the entire subdivision by the Highway Superintendent, it shall be provided at intersections and such curbing shall extend at least 20 feet from the terminus of the curve tapering to ground level at the end of the twenty-foot section (see Figure 9 above).
(13) 
Streets should intersect at right angles and not acute angles. Center lines of street intersections should be offset far enough to deter traffic cutting diagonally across them. Intersections should be located on straight sections of streets rather than slopes. Four-way intersections should be avoided except at the crossing of major streets where traffic signals are or will be installed (Figures 10 and 11[7]).
[7]
Editor's Note: Figures 10 and 11 are on file and available for inspection in the Town offices.
(14) 
Street names shall be included on the final plat and approved by the Planning Board. Names shall be substantially different from those in the Town or in other towns near the subdivision. Generally, no street shall change direction by more than 90° without a name change.
B. 
Utilities.
(1) 
Where available, all subdivisions shall include public water and public sewer service. Lines for these services and any other public utilities serving the subdivision shall be installed underground and in street rights-of-way between the street and property lines. Connections to the property line of each lot shall be installed by the developer prior to street surfacing.
(2) 
Fire hydrants and streetlighting shall be installed by the developer in accordance with the standards of the Town. Fire hydrants shall meet the requirements of the fire department having jurisdiction. Streetlights shall meet the requirements of the electrical utility having jurisdiction.
C. 
Watercourses (including flood-prone areas); wetlands.
(1) 
An effort should be made to avoid locating lots so that they can only be accessed by crossing a watercourse. Where this cannot be avoided and a watercourse separates a proposed street from abutting property, provision shall be made to access lots by means of culverts or other structures designed by a licensed engineer and approved by the Town. Where a watercourse, drainageway, channel or stream traverses the subdivision, a stormwater easement or drainage right-of-way shall be provided of not less than 20 feet in width.
(2) 
Lots shall be laid out so as to locate areas included in a stormwater or drainage easement along property lines. While easements are not required for flood-prone or protected wetland areas, areas designated on FEMA Flood Insurance Maps as prone to flooding and areas identified by state or federal authorities as protected wetlands shall generally be located along property lines.[8]
[8]
Editor's Note: Figures 12 through 15, regarding building site and design and subdivision layout, which immediately followed this subsection, are on file and available for inspection in the Town offices.
(3) 
Where a lot includes a flood-prone or wetland area or stormwater or drainage easement, the approved plat shall clearly identify such portions of the lot as unbuildable. If necessary, the size of such a lot shall be increased to provide sufficient area for construction.
D. 
Drainage. [NOTE: This section is intended to comply with the requirements of the Federal Clean Water Act of 1987 and rules issued by the New York State Department of Environmental Conservation (NYSDEC) thereunder.]
(1) 
All subdivision proposals shall demonstrate by narrative and drawings that the proposed project when complete will not result in a greater quantity or rate of stormwater runoff (drainage) from the site than occurred prior to development, nor change the quality of such runoff. Where actions such as the construction of structures, retention ponds, detention ponds or other devices must be taken by the developer in order to achieve this standard, such actions shall be shown on the preliminary plat and incorporated into the final plan as a permanent element of the project. A separate drainage management plan may be submitted by the developer, or required by the Planning Board as part of the subdivision proposal.
(2) 
All subdivision proposals shall demonstrate by narrative and drawings that during the construction phase appropriate methods will be employed to control erosion. Generally acceptable methods will be those recommended in the most current edition of "New York Guidelines for Urban Erosion and Sediment Control" published by the Soil and Water Conservation Service.
(3) 
The means employed to control drainage shall be designed to provide the greatest community benefit while achieving the primary objective of storm drainage control. Such measures may include protecting open space, increasing recreational opportunities, enhancing landscaping or similar amenities.
(4) 
Should the site include lands with slopes greater than 35%, the plat shall clearly indicate that areas with a thirty-five-percent or greater slope are unbuildable, unless the developer's engineer is able to devise a plan that will deal with the special problems inherent in developing steep slope that is satisfactory to the Planning Board.
(5) 
In order to evaluate adequacy of proposed drainage control measures, the developer shall provide the Planning Board with the following information:
(a) 
Volume of storm runoff and peak discharge rates under predevelopment and postdevelopment conditions (with proposed management practice).
(b) 
Pre- and post-development calculations for the runoff generated by one-, two-, ten- and one-hundred-year storms and a twenty-four-hour storm independently and the standard TR2O or TR55 methodologies developed by the USDA Soil Conservation Service shall be employed in making these calculations.
(c) 
If appropriate, the Planning Board may require a comparison of pollutant loading, by a generally accepted methodology, under predevelopment and postdevelopment conditions (assuming no treatment measures).[9]
[9]
Editor's Note: Figure 17, Schematic of Hydrograph, which originally accompanied this subsection, is on file and available for inspection in the Town offices.
E. 
Preservation of natural and aesthetic elements.
(1) 
Whenever possible, all natural features that add to the value and appearance of the residential setting or contribute to the rural character of the Town shall be preserved. Such elements include but are not limited to large trees or groves, watercourses, historic spots, vistas, stone walls, etc.
(2) 
In the event that trees are removed or not found upon the site, the Planning Board may require that one tree per lot be planted by the developer.
(3) 
When a significant natural feature(s) is identified, such shall be shown on the plat and the plat shall clearly indicate that such an area is not to be built upon, so as to preserve the feature.
F. 
Lot layout.
(1) 
Generally, lots shall have dimensions that allow compliance with the dimensional standards of Chapter 164, Setbacks and Lot Area, by a residence to be constructed upon the same. For this reason, corner lots shall generally be larger than interior lots in order to accommodate the frontage requirements of Chapter 164, Setbacks and Lot Area, applicable to corner lots.
(2) 
Side lot lines shall generally be at right angles to straight street lines and radial to curved street lines. Exceptions may be allowed when it is demonstrated to the satisfaction of the Planning Board that an overall better design is achieved by an alternative (Figures 18, 19, 20, 21, 22 and 23[10]).
[10]
Editor's Note: Figures 18 through 23, regarding various lot layouts, which originally followed this subsection, are on file and available for inspection in the Town offices.
(3) 
Driveway grades between the street and the setback line of a lot shall not exceed 10%.
A. 
"Cluster development" shall mean, as a condition of approval of a subdivision plat, applicable lot size and setback provisions are modified so as to allow all of the development that could occur on a particular parcel of land to occur upon only a portion of that parcel.
B. 
In no case may the total number of lots or dwelling units that could be permitted on the particular parcel by the general application of the minimum lot size be exceeded by the application of cluster development standards.
C. 
In conjunction with approval of a subdivision plat, the Planning Board may modify provisions of Chapter 164, Setbacks and Lot Area, except those related to use, so as to achieve flexibility of design and development so as to promote the most appropriate use of land, facilitate the adequate and efficient provision of streets and utilities and preserve natural and scenic qualities. The Planning Board may exercise this authority in all areas of the Town.
D. 
The Planning Board's judgment shall be the sole determinant of the maximum number of lots, dwellings or other structures that may be established on a particular parcel by the general application of Chapter 164, Setbacks and Lot Area, and the decision to apply this section (cluster development) is left solely to the discretion of the Planning Board. Such decision shall be based upon a determination that the procedure would benefit the Town at large.
E. 
Should the plat include lands that are in two or more districts with different density and/or lot size requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the sum of all units allowed in all involved districts.
F. 
Within a cluster development, units to be permitted may be detached, semidetached or attached and density shall be determined by the number of units, not the number of buildings.
G. 
Should lands suitable for park, open space, recreational or other municipal purposes directly related to the subdivision being considered as a cluster development be identified, the Planning Board may establish conditions regarding ownership, use and maintenance to ensure the preservation of such lands for the intended purpose. Such conditions shall be approved by the Town Board.
H. 
All provisions of the cluster development shall be subject to review at a public hearing in accordance with the procedures applicable to the approval of subdivision plats.
I. 
Once approved and filed with the County Clerk, a copy of the approval and filed plat shall be filed with the Town Clerk, who shall make appropriate notations and references to the zoning law map.
J. 
Should a dispute arise as to the intention of any part of this section, it is hereby stated that it is the intention of the Planning Board to adhere to the standards set forth in § 281 of the New York State Town Law and said section shall supersede any disputed provisions of this section.[1]
[1]
Editor's Note: Town Law § 281 is on file and available for inspection in the Town offices. Also, the conventional/cluster development comparative chart and diagrams, and the environmental assessment form, which originally followed this subsection are on file and available for inspection in the Town offices.