[Added 3-4-2002 by L.L. No. 1-2002]
The Town Board of the Town of Gates, pursuant
to its authority under § 278 of the New York Town Law, intends
to grant to the Gates Planning Board certain powers and authority
with regard to the review of alternate subdivision configuration proposals
commonly known as "cluster development."
The Town Board shall review proposals for cluster
development pursuant to New York Town Law § 278 and shall
determine whether or not such development is appropriate.
[Amended 5-6-2019 by L.L.
No. 1-2019]
A subdivider, or the Planning Board or Town Board as the case
may be, may request the use of Town Law § 278, in which
case the subdivider shall present, along with the proposal in accordance
with the provisions of Town Law § 278, a conventional sketch
plat which is consistent with all the criteria established by this
chapter.
The Planning Board may review cluster development
proposals for developments in the R1-11 and R1-15 Zoning Districts
only.
The Planning Board may impose conditions on
the ownership, use and maintenance of any open lands shown on the
plans submitted in connection with any cluster development application
such as are necessary to preserve any such open lands. In the event
that such conditions are imposed upon the plan, the Gates Town Board
shall review the conditions and may accept or reject same.
The Gates Planning Board may allow variation
from Town Code requirements for the dimensional or building criteria
discussed in New York Town Law § 278. These shall include
setback requirements. The Gates Planning Board may not, however, allow
any variation with respect to the permissible use of the land as provided
in the Gates Zoning Ordinance.
