Whenever any subdivision of land is proposed to be made and before any
contract for the sale of or any offer to sell any lots in such subdivision
or any part thereof is made, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider shall make application
for and receive final approval of such proposed subdivision in accordance
with the following procedures.
Whereas, pursuant to a resolution of the Town Board, the Planning Board has been empowered to modify the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter
160, Zoning, in accordance with the provisions of § 278 of the Town Law in order to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures:
A. Standards.
(1) No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district wherein such lands lie, as specified in Chapter
160, Zoning.
(2) The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter
160, Zoning.
(3) The minimum acreage to which this section may be applicable
shall be two times the minimum lot area for the zoning district involved.
(4) If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Chapter
160, Zoning, any modification of such restrictions shall not result in an overall intensity of development exceeding the following number of principal buildings, as that term is defined in Chapter
160, Zoning, per linear width of shoreline for the respective zoning district involved:
|
Zoning District
|
Principal Buildings Per Linear Mile
|
---|
|
Hamlet, Primary and Secondary
|
106
|
|
Town Residential, 1, 2 and 3
|
53
|
|
Open Countryside I
|
42
|
|
Open Countryside II
|
36
|
|
Resource Conservation
|
26
|
(5) Shoreline lot requirements.
(a) If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Chapter
160, Zoning, and utilizes the special provisions of the preceding subsection, then the Planning Board shall specifically find, in connection with any approval thereof, that the subdivider will, whether by deed restriction, restrictive covenant or other similar appropriate means, ensure the retention in open space of the undeveloped portions of shoreline resulting from utilization of the preceding subsection.
(b) If a development is not a shoreline but involves deeded
or contractual access, there shall be required 100 feet for every five to
20 families and three additional feet for every family thereafter.
(6) In the event that the utilization of this section results
in a plat showing lands available for park, recreation or other municipal
purposes directly related to the plat, or in a plat showing lands to be retained
in open space in order to comply with the average density of lots or dwelling
units that is permitted in the zoning district wherein such lands lie, the
Planning Board may establish, in the case of lands for park, recreation or
other municipal purpose, such conditions on the ownership, use and maintenance
of such lands as it deems necessary to assure the preservation of such lands
for their intended purposes, and may, further, in the case of lands to be
retained in open space, require that such lands be restricted by deed restriction,
restrictive covenant, conveyance of a scenic easement or other conservation
restriction to the town, or other appropriate means against development of
land use inconsistent with their retention.
B. Procedures.
(1) Request by subdivider. A subdivider may request the use of this section simultaneously with or subsequent to the submission of the sketch plan, as described in Article
III, §
150-4. Any submission subsequent to preliminary approval of a plat shall require a resubmission of the sketch plan.
(2) Alternate sketch plan. A subdivider shall present, along with a proposal utilizing the provisions of this section, an alternate sketch plan with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter
160, Zoning.
(3) Plat submission. Upon determination by the Planning Board
that the sketch plan utilizing the provisions of this section is suitable,
the procedures attendant to and subsequent to the sketch plan submission,
as set forth in this article, shall be followed in regular order.
(4) Local filing; notation on Zoning Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by Article
III, §
150-10 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.