As used in this Article, the following terms
shall have the meanings indicated:
As a condition of approval of a subdivision plat or plats
pursuant to this Article, the modification of the applicable zoning
local law to provide an alternative permitted method of the development
of such plat or plats to allow all of the development which could
occur on a particular parcel of land to be developed on a portion
of said parcel. In no case shall the number of building plots or dwelling
units exceed the number which could be permitted, in the Board's judgment,
if the land were subdivided into lots conforming to the minimum lot
size and density requirements of this chapter.
Districts provided for in § 7-702 of State Village Law and Article III of this chapter.
A.
The Trustees hereby authorize the Planning Board,
simultaneously with the approval of a plat or plats pursuant to this
Part 2, to modify applicable provisions of the local laws subject
to the conditions hereinafter set forth and such other reasonable
conditions as the Trustees may their discretion add hereafter. Such
authorization shall apply to all lands within the Village. The purposes
of this authorization shall be 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 economical
provisions of streets and utilities and to preserve the natural and
scenic qualities of open lands. The conditions hereinabove referred
to are as follows:
(1)
This procedure may be followed at the discretion
of the Board if, in the Board's judgment, its application would benefit
the Village; provided, however, that in granting such authorization
to the Board, the Trustees also authorize the Planning Board to require
the applicant to submit an application which reflects such modification;
in such case, the Trustees herein direct the Board to adopt rules
and regulations setting forth the criteria pursuant to which such
an application may be required.
(2)
This procedure shall be applicable only to lands
zoned for residential purposes, and its application shall result in
a permitted number of dwelling units which shall in no case exceed
the number which could be permitted, in the Board's judgment, if the
land were subdivided into lots conforming to the minimum lot size
and density requirements of the zoning applicable to the district
or districts in which such land is situated and conforming to all
other applicable requirements; provided, however, that where the plat
falls within two or more districts with differing density requirements,
the Board may approve in any one such district a cluster development
representing the cumulative density as derived from the summing of
all units allowed in all such districts.
(3)
The dwelling units permitted may be, at the
discretion of the Board, and subject to the conditions set forth by
the Trustees, in detached, semidetached, attached or multistory structures.
(4)
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
the Board as a condition of plat approval may establish 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.
The Trustees direct that such conditions be approved by the Trustees
before the plat may be approved for filing.
B.
The proposed site plan, including areas within which
structures may be located, the height and spacing of buildings, open
space and their landscaping, off-street open and enclosed parking
spaces and streets, driveways and all other physical features as shown
on said plan or otherwise described, accompanied by a statement setting
forth the nature of such modifications, changes or supplementations
of existing zoning provisions as are not shown on said site plan,
shall be subject to review at the public hearing held pursuant to
this Article.
C.
On the filing of the plat in the Office of the County
Clerk, a copy shall be filed with the Village Clerk, who shall make
appropriate notations and references thereto in the Village Zoning
Law or Map.
