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.