Cluster development is a subdivision development approach in which building lots may be reduced in size and building units sited closer together, usually grouped into various cluster areas, provided that the total development density does not exceed that which could be constructed on the site if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Town's Zoning Law.
A.
Purpose. The provision for cluster development is intended to:
(1)
Preserve the Town's natural resources, drainage systems and provide open space.
(2)
Permit flexibility in land development and concentration of units on the most buildable portion of sites.
(3)
Allow for residential development which is in harmony with the rural character of the Town of Milan while guiding development away from sensitive lands and active or potential agricultural lands:
(4)
Facilitate the economical provision and maintenance of roads and services, as well as to minimize the impacts of clearing and development.
(5)
Provide a broader range of housing types and site design. Encourage moderately priced housing units as a result of reduced site costs, road and infrastructure costs and size of parcels/units.
B.
Authority. Authorization is granted to the Milan Planning Board, pursuant to § 278 of New York State Town Law and § 200-22 of the Town of Milan Code, to vary the zoning requirements as to lot size, lot width, yard and other bulk requirements as requested by an applicant in connection with a proposed subdivision plat. Such variations shall result in a cluster subdivision and may be applied in any residential zoning district, as specified in Chapter 200 of the Code of the Town of Milan (the Town Zoning Law). All provisions of § 200-22, pertaining to cluster subdivisions, shall be followed by the Planning Board in the review and approval of cluster subdivisions. The Planning Board is further authorized, under § 278 of New York State Town Law and § 200-22B of the Town Zoning Law, to require the use of the cluster concept when it finds that the intention of these Subdivision Regulations and the Zoning Law to preserve significant open space resources and protect important natural resources will be accomplished. The Planning Board may require the use of the cluster concept when one or more of the following conditions exist:
(1)
Important ground- or surface waters, wetlands, floodplains, steep slopes, unique or locally important natural or historical areas exist on the parcel.
(2)
The number of new roads or driveways obtaining access from existing roads will be reduced.
(3)
Agricultural soils of state or local importance exist on the parcel.
(4)
An active agricultural operation or crop land exists on the parcel.
(5)
Preservation of important views or community open space will be ensured.
(6)
The land to be developed is contiguous to a recreational area(s), parkland or permanently protected open space or has the potential to be converted to such uses.
(7)
The specific goals and policy recommendations of the Comprehensive Plan will be accomplished.
(8)
Significant environmental impacts identified through the State Environmental Quality Review Act (SEQR) may be mitigated.