Pursuant to resolution of the Municipal Legislature, the Planning Board is empowered to modify applicable provisions of Chapter
205, Zoning, in accordance with the provisions of § 278 of the Town Law, and such other reasonable conditions as the Municipal Legislature may, in its discretion, add thereto. (Such authorization shall specify the lands to which this procedure may be applicable.) The purposes of such authorization shall be to enable and encourage flexibility of design and development of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards hereinabove referred to are as set forth in the following sections.
A subdivider may request the use of § 278, simultaneously with or subsequent to presentation of the sketch plan per the procedure described in Article
III, and it may be followed at the discretion of the Planning Board if, in said Board's judgment, its application would benefit the municipality. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
A. This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter
205, Zoning, applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
B. The dwelling units permitted may be, at the discretion
of the Planning Board and subject to the conditions set forth by the
Municipal Legislature, in detached, semidetached, attached or multistory
structures.
A subdivider shall present, along with a proposal in accordance with the provisions of § 278, a sketch plan which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with Chapter
205, Zoning.
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
the Planning Board, as a condition of plat approval, may establish
such conditions on the ownership, use and maintenance of such lands
as it deems necessary to assure the preservation of such lands for
their intended purposes. The Municipal Legislature may require that
such conditions shall be approved by the Municipal Legislature before
the plat may be approved for filing.
Upon determination that such sketch plan is
suitable for the procedures under § 278, and subsequent
to a resolution authorizing the Planning Board to proceed, a preliminary
plat meeting all of the requirements of the resolution (the proposed
site plan, including areas within which structures may be located,
the height and spacing of buildings, open space and their landscaping,
off-street open and enclosed parking spaces and streets, driveways
and all other physical features as shown on said plan or otherwise
described, accompanied by a statement setting forth the nature of
such modifications, changes or supplementations of existing zoning
provisions as are not shown on said site plan) shall be presented
to the Planning Board and thereafter the Planning Board shall proceed
with the required public hearings and all other requirements of these
regulations.
Upon the filing of a plat in the office of the
County Clerk in which § 278 has been used, the subdivider
shall file a copy with the Municipal Clerk who shall make appropriate
notations and reference thereto in the Municipal Zoning Ordinance
Map. The Secretary of the Planning Board shall notify the Building
Inspector when such a plat is filed.