The Planning Board is authorized and empowered pursuant to § 278 of the Town Law to modify certain provisions of the Zoning Law as allowed in § 240-79 below, 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 the Zoning Law for 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 under the following circumstances:
A. 
The proposed development will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive/Master Plan and this chapter.
B. 
The proposed use of the land complies with all applicable provisions of the Zoning Law, except as modified pursuant to the authority of this chapter.
C. 
The proposed use of the land 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. 
The proposed development 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. 
The proposed development 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.
F. 
The proposed development 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/Master 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/Master plan for the community.
C. 
The clustering of development will provide for the more economical and efficient provision of municipal utilities and road services.
A. 
All cluster development applications either proposed by the applicant for consideration by the Planning Board or required by the Planning Board pursuant to this chapter shall include the submission of a sketch plat. Such sketch plat shall show a conventional subdivision which complies with all provisions of the zoning district in which it is located without a cluster configuration. The purpose of this plat shall be to determine the maximum number of dwelling units permissible in the parcel under the Zoning Law. All lots in the sketch plat shall be buildable lots.
B. 
The Planning Board shall make a determination of the maximum permissible number of dwelling units prior to the acceptance of an application for a cluster development proposal.
C. 
After a determination of the density of the plat has been established by the Planning Board, the plat shall be reviewed pursuant to the review and approval procedure of this chapter.
A. 
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.
B. 
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.
C. 
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.