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.