The Planning Board of the Town of LeRay is hereby authorized to modify applicable provisions of Chapters
135 and
158 pursuant to § 278 of the Town Law simultaneously with the approval of any plat within the Town subject to the conditions set forth in this article.
The purpose of cluster development is to permit a procedure
for development which will:
A. Improve living and working environments;
B. Promote a more economic subdivision layout;
C. Encourage a variety of types of residential dwellings;
D. Encourage ingenuity and originality in total subdivision and individual
site design; and
E. Preserve open space to serve recreational, scenic, and public service
purposes, and other purposes related thereto, within the densities
established for the gross tract.
A permit for a cluster development shall be granted only if
evidence is presented which establishes:
A. That the proposed development will be in harmony with the general purpose, goals, objectives and standards of the general plan, Chapter
158 and Chapter
135.
B. That the proposed building or use complies with all applicable regulations of Chapters
135 and
158 except as modified pursuant to the authority of this article.
C. That the proposed building or use 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. That the proposed cluster development 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, in accordance
with the applicable zone regulations.