Pursuant to resolution of the Town Board and provisions in the Zoning Law, the Planning Board is empowered to modify the Zoning Law's lot area and bulk requirements in accordance with the provisions of § 278 of the Town Law to enable and encourage flexibility of design and development of land to promote the most appropriate use of land, to facilitate the economic use of roads and utilities and to preserve the natural and scenic qualities of open lands. The following shall be the procedure utilized by the Planning Board in reviewing the applications for approval of a cluster subdivision within the Town of Woodstock. Standards in the Zoning Law of the Town of Woodstock, § 260-46 should be addressed in applications under this article. Use of this procedure under § 278 of the Town Law does not allow any increase in density, in terms of the number of lots or dwelling units, over that which could be achieved in a conventional subdivision plat conforming to all other standards in the Zoning Law and Subdivision Regulations of the Town of Woodstock.
A subdivider may request the use of Town Law
§ 278 simultaneously with, or subsequent to, presentation
of an approvable, conventional subdivision plat with site information
required by the Planning Board depending on the terrain and the magnitude
of development.
The Planning Board may mandate that a subdivision
be designed in a cluster configuration per provisions in the Town
of Woodstock Zoning Law for reasons of improved drainage, efficient
road layout and traffic safety, and protection of aquifers, waterways
and aesthetic, historic, rural and environmentally sensitive lands.
A subdivider shall present along with a proposal
in accordance with the provisions of Town Law § 278 a conventional
subdivision plat which is consistent with all the criteria established
by these Subdivision Regulations and all applicable standards in the
Zoning Law. The conventional plat shall be reviewed by the Planning
Board for the purpose of determining the appropriate density of development,
that is, the number of lots or dwelling units, for the subject parcel.
The density determined during this review will be the maximum number
of dwelling units that can be represented in a clustered layout or
other such flexible development design.
The application of this procedure requires a
plat showing land available for park, recreation, open space, or other
community purposes. Common open space totaling not less than 50% of
the total cluster development site shall be provided in perpetuity
for the use and beneficial enjoyment of all residents within the cluster
development. Conditions as to ownership, use and maintenance of such
lands which are necessary to assure the preservation of such lands
for their intended purposes shall be set forth upon discussion with
the Planning Board.
A determination that the conventional layout
plat is approvable for the procedures under Town Law § 278
will be made by resolution of the Planning Board authorizing the subdivider
to proceed. The cluster preliminary plat, meeting all of the requirements
of the resolution, shall be presented to the Planning Board. Thereafter
the Planning Board shall proceed with the required public hearings
and all other requirements of these regulations.
