A.
The Planning Board may, at its discretion, consider the use of certain
of the provisions of § 179-p, Article VI-A of the Village
Law[1] whereby dimensional regulations and types of housing,
but not density requirements as established in the Zoning Code,[2] may be varied, resulting in certain lands being set apart
as permanent open space. It will only permit consideration of this
form of subdivision planning where, in its opinion, the goals and
objectives of the Village's Zoning Code will be implemented by
such form of land planning and where the Village's best interest
will be served by application of some or all of the provisions of
said section.
B.
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 Planning Board's judgment, if the land were
subdivided into lots conforming to the minimum lot size and density
requirements of the Zoning Code[3] applicable to the district or districts in which such
land is situated and conforming to all other applicable requirements.
In the event the Planning Board gives some indication that a
cluster subdivision will receive some consideration, the following
minimum standards and safeguards will be required:
A.
All land devoted to open space shall be in addition to park or recreational
land required by the Planning Board.
B.
All open space which the Village agrees to accept in dedication shall
be usable in its entirety for the purposes the Village intends.
C.
Where the open space or park or recreational land is not dedicated
to the Village but remains the property of the owners of the subdivision,
all deeds of conveyance shall contain covenants which shall guarantee
that the open space or park or recreational land remains open and
unencumbered in perpetuity. Such covenants shall also guarantee the
maintenance of the open space or park or recreational land in accordance
with the agreements filed with the Village and shall recite the Village's
right, should the maintenance covenants be violated, to enter upon
the open space or park or recreational land, perform necessary maintenance
and assess the costs thereof to the owners of said open space or park
or recreational land. A preestablished offer of dedication to the
Village may be required to be filed with the Village for acceptance
if private ownership were ever discontinued.
D.
Any subdivider applying for approval of a plat for a cluster subdivision
shall follow the same procedures applicable to a standard subdivision
as herein provided, but subject to the following additional requirement
or limitation: final approval shall not be certified upon the plat
unless, after the Planning Board's public hearing, the Village
Board passes a resolution of its approval.
