Pursuant to a resolution of the Town Board, the Town of Eaton Planning Board is empowered to modify the minimum width and minimum setback requirements, in accordance with the provisions of § 281 of 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 and shorelines.
The cluster subdivision procedure may be initiated by either the subdivider or the Planning Board. Regardless of who initiates the cluster subdivision provision, the procedures of a major subdivision are followed.
A. 
Planning Board initiation. The Planning Board, upon initial review of a sketch plan, may decide that a cluster subdivision is appropriate for the site. The Planning Board shall set forth the reasons for requiring a cluster subdivision design and request the subdivider to submit an alternative subdivision plan that utilizes the cluster development concept.
B. 
Subdivider initiation. A subdivider may request the use of Town Law § 281 simultaneously with, or subsequent to, the submission of the sketch plan, as described in Article III. Any submission subsequent thereto shall require a resubmission of the sketch plan.
The following shall be standards and procedures:
A. 
The minimum acreage to which this section may be applicable to shall be 10 acres, except that where municipal sewer and/or water are available, the Planning Board may modify the minimum size.
B. 
No subdivision shall be approved by the Planning Board pursuant to this section which shall not reasonably safeguard the appropriate use of adjoining land.
C. 
When the use of this section results in a plat showing lands available for open space, park, recreation or other municipal purposes, such conditions on the ownership, use and maintenance of such lands as is deemed necessary to assure the preservation of such lands for their intended purposes must be delineated, in writing. The Planning Board, in the case of lands to be retained in open space, may further require that such lands be restricted by deed restriction, restrictive covenant, conveyance of a scenic easement or other appropriate means against any development or land use inconsistent with their retention on open space.
D. 
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter 120, Land Use.
E. 
Dwelling units permitted may be, at the discretion of the Planning Board, detached, semidetached, attached or multifamily residential structures. Multifamily residences will still need a special permit as per Chapter 120, Land Use.
A. 
Sketch plan. A subdivider shall present for the Planning Board's consideration, along with a proposal utilizing the provisions of Town Law § 281, a conventional sketch plan, with lots meeting the minimum lot area, minimum lot width and other requirements of Chapter 120, Land Use. Using the conventional sketch plan and the minimum lot size regulations as its guide, the Planning Board observes the maximum number of dwelling units that could be placed on the land being subdivided, taking into consideration roads, wetlands, steep areas and other topographic restrictions to development. The number so determined is the maximum number of dwelling units that may be allowed in the cluster development. Where the plat falls within two or more zoning districts with differing density requirements, the Planning 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.
B. 
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 Article III, shall be followed in regular order.
C. 
Local filing for notation on Land Use Map. In addition to the filing requirements in Article IV and V hereof, any subdivision final plat approved, which involves modifications as provided for in this article, shall be filed by the subdivider with the Town Clerk, who shall make appropriate notation and reference thereto on the official Town Land Use Map.