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:
A. To eliminate side and rear yard requirements to allow
for innovative attached housing types;
B. 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;
C. 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:
A. Will be in harmony with the general purpose, goals,
objectives, and standards of the Comprehensive Plan and this chapter;
B. Complies with all applicable provisions of the Village
Zoning Law, except as modified pursuant to the authority of this chapter;
C. 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;
D. 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;
E. 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
F. 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:
A. 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;
B. 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;
C. 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.