Whenever any subdivision of land is proposed
to be made and before any contract for the sale of, or any offer to
sell any lots in such subdivision or any part thereof is made, and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider shall make application
for and receive final approval of such proposed subdivision in accordance
with the following procedures.
Whereas, pursuant to a resolution of the Town
Board, the Planning Board has been empowered to modify the minimum
lot area and minimum lot width requirements of the Zoning Ordinance in accordance with the provision of § 278 of
the Town Law, in order to enable and encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land to facilitate the adequate and economic use of streets
and utilities and to preserve the natural and scenic qualities of
open lands, the following shall be the standards and procedures:
A. Standards:
(1) No such modification by the Planning Board shall result
in a greater overall density of lots or dwelling units than is permitted
in the zoning district wherein such lands lie, as specified in the
Zoning Ordinance.
(2) The provisions of this section shall not be deemed
to authorize a change in the permissible use of such lands as provided
in the Zoning Ordinance.
(3) The minimum acreage to which this section may be applicable
shall be five times the minimum lot area for the zoning district involved.
(4) Cluster development or condominiums in zones contiguous
to Lake George and Trout Lake shall meet a two-hundred-fifty-foot
minimum housing unit setback from the shoreline, and the density shall
be the same as single detached units in that zone.
[Amended 4-17-1985]
B. Procedures:
(1) Request by Planning Board. A cluster design alternative
shall be required if the characteristics of the site include any of
the following:
(a)
A significant wildlife or plant habitat exists
on the site or may be impacted by the development of the site.
(b)
Wetlands occupy over 25% of the site or where
streams are crossed by the development of the site.
(c)
Slopes greater than 15% occupy over 50% of the
site.
(d)
Slopes greater than 25% occupy over 25% of the
site.
(e)
Soils with a percolation rate of less than .06
inches or greater than six inches per hour occupy over 25% of the
site.
(f)
Soils with depth to bedrock at 18 inches or
less occupy over 25% of the site.
(g)
Soils with depth to seasonal high water table
of 40 inches or less occupy over 25% of the site.
(h)
Sites exposed to views from Lake George.
(2) Request by subdivider. A subdivider may request the use of this section simultaneously with or subsequent to the submission of the sketch plan, as described in Article
III, §
150-5. Any submission subsequent to preliminary approval of a plat shall require a resubmission of the sketch plan.
(3) Alternate sketch plan. A subdivider shall present
along with a proposal utilizing the provisions of this section, an
alternate sketch plan, with lots meeting the minimum lot area, minimum
lot width, and minimum shoreline lot width requirements of the Zoning
Ordinance.
(4) Plat submission. Upon determination by the Planning
Board that the sketch plan utilizing the provisions of this section
is suitable, the procedures attendant to and subsequent to the sketch
plan submission, as set forth in this article, shall be followed in
regular order.
(5) Local filing, notation on Zoning Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by Article
III, §
150-10 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.