It is the intent and purpose of cluster development
to provide for innovative and creative land use through more flexible
design regulations permitting the clustering in planned communities
of detached, semidetached, attached or multistory dwellings in such
a fashion as to foster community park and open space, to aid in the
preservation of trees, vegetation and outstanding natural topography
and to permit a more efficient layout of streets, roads and utilities
while at the same time maintaining the use and overall density requirements
of the zoning district in which the proposed cluster development is
located.
Whenever, in any zoning district where it is zoned for residential use districts, the Planning Board deems cluster development appropriate, it may, in accordance with the provisions of Village Law § 7-728, review a proposed cluster development and authorize a specific cluster development plan as part of its authority to review and approve subdivision plats, subject to the following criteria. Such action shall replace the dimensional requirements set forth in Chapter 150, Zoning.
Following is a list of requirements that must
be met for establishment of a cluster development:
A.
Density. The number of dwelling units shall in no case exceed the number which could have been permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming with the minimum lot size and density requirements of Chapter 150, Zoning, applicable to the district in which the land is situated and conforming with all other applicable zoning requirements.
B.
Location. Cluster developments shall be permitted
only in zoning districts where residential uses are allowed and where
the applicant can demonstrate that the characteristics of the proposed
cluster development plan will meet the objectives of this chapter
and the General Plan.
C.
Permitted uses. The following residential and accessory
uses shall be permitted in a cluster development:
(1)
Residential uses. Residences may be of any variety,
including single-family dwellings, two-family dwellings and multifamily
dwellings or any combination thereof. No mobile homes shall be permitted.
(2)
Accessory uses. All accessory uses shall be in keeping
with the residential character of the proposed development and adjacent
areas.
D.
If the plat shows or the Planning Board requires lands
for park, recreational, open space or other municipal purposes, then
the Planning Board, as a condition of approval, shall 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. Such conditions shall be approved by the Board
of Trustees before the plat may be approved for filing.
E.
The proposed site plan shall include areas on which
structures may be located, the height and spacing of buildings, open
spaces and their landscaping, off-street parking spaces, streets,
driveways and all other physical features as shown on said plan or
otherwise described and shall be 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,
and the foregoing shall be subject to review at the public hearing
held pursuant to § 7-728 of the Village Law.
The procedure for review of a cluster development
shall be the procedure for conventional subdivisions as outlined herein.
