The Planning Board is authorized and empowered pursuant to § 278 of the Town Law to modify certain provisions of Chapter 240, Zoning, as allowed by this article, simultaneously with the approval of any subdivision application within the Town.
The Planning Board may consider, or require, applications for major subdivisions which include the following deviations from Chapter 240, Zoning, for any one of the following purposes:
A.
To eliminate side and rear yard requirements to allow for innovative
attached housing types;
B.
To reduce side and rear yard requirements for existing structures
on the site of a plat where, in unique and special circumstances,
it will result in the more efficient use of land;
C.
To reduce road frontages to allow culs-de-sac;
D.
To reduce lot areas, widths, depths, yard sizes, lot coverage, and
road frontages to accomplish cluster development.
The Planning Board may allow, or require, cluster development
when the proposed development:
A.
Will be in harmony with the general purpose, goals, objectives, and
standards of the Comprehensive Plan and this chapter;
B.
Complies with all applicable provisions of Chapter 240, Zoning, except as modified pursuant to the authority of this chapter;
C.
Will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, parking,
utility facilities, and other matters affecting the public health,
safety, and general welfare;
D.
Will be constructed, arranged, and operated so as not to dominate
the immediate vicinity or to interfere with the development and use
of neighboring property;
E.
Will be served adequately by essential public facilities and services
such as roads, parking spaces, police and fire protection, drainage
structures, refuse disposal, water and sewers, and schools; and
F.
Will not result in the destruction, loss, or damage of any natural,
scenic, or historic feature of significant importance.
Cluster development may be required by the Planning Board to
meet any one of the following objectives:
A.
The clustering of development will reserve open space, recreational
areas, large groves of trees, watercourses and falls, beaches, historic
spots, vistas and other similar assets, in furtherance of the Comprehensive
Plan for the community;
B.
The clustering of development will aid in the provision of road rights-of-way
or for the protection of future road rights-of-way in furtherance
of the Comprehensive Plan for the community;
C.
The clustering of development will provide for the more economical
and efficient provision of municipal utilities and road services.
Cluster development subdivision applications shall include the submission of a sketch plat showing a conventional, unclustered subdivision which complies with all provisions of the zoning district in which it is located. The purpose of this sketch plat shall be to aid the Planning Board in determining the maximum number of dwelling units permissible, the overall development density, on the parcel under Chapter 240, Zoning. All lots on the sketch plat shall be buildable lots. The Planning Board shall make a determination of the maximum permissible number of dwelling units permissible on the parcel prior to the acceptance of an application for a cluster development subdivision.
The area, configuration, location, ownership, use and maintenance
of residual open spaces created by clustering shall be subject to
review and approval of the Planning Board.
Cluster open space may be made accessible to all residents of
the subdivision or available for the use of the general public unless
the Planning Board finds that the size, location, type of development,
or cost of development or maintenance of such cluster open space,
or the availability of public open space, would make public use undesirable
or unnecessary.
If cluster open space is not dedicated to public use, it shall
be protected by legal arrangements, satisfactory to the Planning Board,
sufficient to assure its maintenance and preservation for whatever
purpose it is intended. Covenants or other legal arrangements shall
specify ownership of the cluster open space; method of maintenance;
responsibility for maintenance; maintenance taxes and insurance; compulsory
membership and compulsory assessment provisions; guarantees that any
association formed to own and maintain cluster open space will not
be dissolved without the consent of the Planning Board; and any other
specifications deemed necessary by the Planning Board.
