The Town Board has empowered the Planning Board, in accordance with the procedures and law in §
185-26 of Chapter
185, Zoning, of the Town of Newburgh, to approve cluster subdivisions and to modify applicable provisions of the Zoning Law in accordance with the provisions of § 281 of the Town Law in all zones in the town where clustering is allowed.
The purposes of such authorization shall be 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 economical provision of streets and utilities and to preserve
the natural and scenic qualities of open lands. The procedure and
standards herein above-referred-to are as follows:
A. Request by subdivider. A subdivider may request (and
the Planning Board may require) application of § 281 simultaneously with or subsequent to presentation of the sketch plat according to procedures described in Article
III. The Planning Board may, at its discretion, approve application of § 281 if, in the Board's judgment, such application would benefit
the town.
(1) This procedure shall be applicable only to lands zoned for clustering and 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 the Zoning Law applicable to the district or districts in which such land is situated and conforming to all other applicable requirements as found in §
185-26 of Chapter
185, Zoning.
(2) The dwelling units permitted may be, at the discretion
of the Planning Board, in detached, semidetached, attached or multistory
structures.
B. Sketch plat. A subdivider shall present, along with
a proposal in accordance with the provisions of § 281, a standard sketch plat which is consistent with all the
criteria established by this Subdivision Law, including but not limited
to streets being consistent with the street specifications and lots being consistent with the Zoning Law. This layout,
upon approval, shall determine the total number of lots allowed in
a future preliminary plan.
C. Parks, recreation, open space or other town purposes.
In the event that the application of this procedure results in a plat
showing lands available for park, recreation, open space or other
town 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 Town Board may require that such conditions shall be approved
by the Town Board before the plat may be approved for filing.
D. Preliminary plat. Upon determination that such sketch
plat is suitable for clustering, a preliminary plat meeting all of
the requirements of the cluster section of the Zoning Law shall be
presented to the Planning Board. Thereafter, the Planning Board shall
proceed with the required public hearings and all other requirements
of this chapter. The preliminary plat may be in the form of a proposed
site plan or subdivision which shall include areas within which the
proposed site plan or subdivision, (including areas within which structures
may be located; the height and spacing of buildings, open spaces 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 or subdivision)
shall be presented to the Planning Board, and thereafter the Planning
Board shall proceed with the required public hearings and all other
requirements of this chapter.
E. Filing; notations on Zoning Map. On the filing of
a plat in the office of the Orange County Clerk in which clustering
has been used, the subdivider shall file a copy with the Town Clerk,
who shall make appropriate notations and reference thereto in the
Town Zoning Map. The Secretary of the Planning Board shall notify
the Building and Code Enforcement Officer when such a plat is filed.
See Chapter
104 of the Code of the Town of Newburgh regarding fees.