In accordance with the procedures, standards and conditions herein specified, the Planning Board may, in approving a subdivision plat under Chapter
167 of the Code of the Town of Greenwich, permit clustered subdivisions in accordance with § 278 of the Town Law.
The purpose of the cluster provisions is to
encourage flexibility in the design and development of land in order
to promote its most environmentally sensitive use, to preserve open
space and agricultural land, to facilitate the adequate and economic
provision of streets and utilities and to encourage compatibility
with the goals and objectives of the Town of Greenwich Comprehensive
Plan and this chapter.
This article applies only to residential subdivisions.
Application for a clustered subdivision shall be submitted to the
Planning Board. The application shall be accompanied by the following.
A. A standard plan meeting the requirements for a sketch plan under Chapter
167 and conforming in all respects to said regulations.
B. A clustered subdivision plan in accordance with this
article.
Only those residential uses allowed in the zoning
district in which the clustered subdivision is proposed are permitted.
Each clustered open space subdivision shall
result in the preservation of land for park, recreation, conservation,
agricultural or other open space purposes as follows:
A. The open space shall have access, shape, dimensions,
character, location and topography suitable for the purpose intended,
as determined by the Planning Board.
B. The open space land shall be shown on the plat map
and shall be labeled in a manner to indicate that such land is not
to be platted for building lots and is permanently reserved for open
space purposes.
C. A perpetual conservation easement limiting the use
of the land to recreational, open space, agricultural, or managed
forest land purposes and prohibiting residential, commercial or industrial
use of such land pursuant to § 247 of the General Municipal
Law and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law shall be granted to the Town, with the approval of
the Town Board, or to an approved not-for-profit conservation organization
acceptable to the Planning Board. Such conservation easement shall
be reviewed and approved by the Planning Board and be required as
a condition of plat approval hereunder and shall be recorded in the
Washington County Clerk's office simultaneously with the filing of
an approved clustered subdivision plan.
D. Open space land may be owned in common by a homeowners'
association, dedicated to the Town, held by a qualified not-for-profit
organization, or held in private ownership in one or more large parcels,
provided that in all cases, it is protected by conservation easement
from further subdivision and development. The Planning Board shall
ensure that proper provision has been made for ownership and maintenance
of the open space land. The Planning Board may require the funding
of an endowment for the permanent monitoring, maintenance and protection
of open space. Such funds may be held by the Town or by an organization
approved by the Town. Ownership by a homeowners' association shall
be structured in such a manner that real property taxing authorities
may satisfy property tax claims against the open space lands by proceeding
against all individual owners in the homeowners' association and the
dwelling units they own. Ongoing maintenance standards shall be established,
enforceable by the Town against an owner of open space land as a condition
of subdivision approval, to assure that the open space land does not
detract from the character of the neighborhood.