The Planning Board is authorized and empowered pursuant to § 7-738 of Village Law to modify certain provisions of the Village Zoning Law as allowed by this article, simultaneously with the approval of any subdivision application within the Village.
The Planning Board may consider, or require, applications for major subdivisions which include the following deviations from the Village Zoning Law for any one of the following purposes:
To eliminate side and rear yard requirements to allow for innovative attached housing types;
To reduce side and rear yard requirements for existing structures on the site of a plat where, in unique and special circumstances, it will result in the more efficient use of land;
To reduce lot areas, widths, depths, yard sizes, lot coverage, and road frontages to accomplish cluster development.
The Planning Board may allow, or require, cluster development when the proposed development:
Will be in harmony with the general purpose, goals, objectives, and standards of the Comprehensive Plan and this chapter;
Complies with all applicable provisions of the Village Zoning Law, except as modified pursuant to the authority of this chapter;
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;
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;
Will be served adequately by essential public facilities and services such as roads, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, and
Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
Cluster development may be required by the Planning Board to meet any one of the following objectives:
The clustering of development will reserve open space, recreational areas, large groves of trees, watercourses and falls, beaches, historic spots, vistas and other similar assets, in furtherance of the comprehensive plan for the community;
The clustering of development will aid in the provision of road rights-of-way or for the protection of future road rights-of-way in furtherance of the Comprehensive Plan for the community;
The clustering of development will provide for the more economical and efficient provision of municipal utilities and road services.
Cluster development subdivision applications shall include the submission of a sketch plat showing a conventional, unclustered subdivision which complies with all provisions of the zoning district in which it is located. The purpose of this sketch plat shall be to aid the Planning Board in determining the maximum number of dwelling units permissible, the overall development density, on the parcel under the Village Zoning Law. All lots on the sketch plat shall be buildable lots. The Planning Board shall make a determination of the maximum number of dwelling units permissible on the parcel prior to the acceptance of an application for a cluster development subdivision.
The area, configuration, location, ownership, use and maintenance of residual open spaces created by clustering shall be subject to review and approval of the Planning Board. In the case of land offered for dedication to the public by the subdivider, the Town Board may, by resolution, accept the offer of dedication. In no case shall the Town Board be obligated to accept an offer of dedication.
Cluster open space may be made accessible to all residents of the subdivision or available for the use of the general public unless the Planning Board finds that the size, location, type of development, or cost of development or maintenance of such cluster open space, or the availability of public open space, would make public use undesirable or unnecessary.
If cluster open space is not dedicated to public use, it shall be protected by legal arrangements, satisfactory to the Planning Board, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the cluster open space; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board.