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This entry was published on 2014-09-22
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Subdivision review; approval of cluster development
§ 278. Subdivision review; approval of cluster development. 1.
Definitions. As used in this section:

(a) "cluster development" shall mean a subdivision plat or plats,
approved pursuant to this article, in which the applicable zoning
ordinance or local law is modified to provide an alternative permitted
method for the layout, configuration and design of lots, buildings and
structures, roads, utility lines and other infrastructure, parks, and
landscaping in order to preserve the natural and scenic qualities of
open lands.

(b) "zoning districts" shall mean districts provided for in section
two hundred sixty-two of this article.

2. Authorization; purpose.

(a) The town board may, by local law or ordinance, authorize the
planning board to approve a cluster development simultaneously with the
approval of a plat or plats pursuant to this article. Approval of a
cluster development shall be subject to the conditions set forth in this
section and in such local law or ordinance. Such local law or ordinance
shall also specify the zoning districts outside the limits of any
incorporated village in which cluster development may be applicable.

(b) The purpose of a cluster development shall be to enable and
encourage flexibility of design and development of land in such a manner
as to preserve the natural and scenic qualities of open lands.

3. Conditions.

(a) This procedure may be followed at the discretion of the planning
board if, in said board's judgment, its application would benefit the
town. Provided, however, that in granting such authorization to the
planning board, the town board may also authorize the planning board to
require the owner to submit an application for cluster development
subject to criteria contained in the local law or ordinance authorizing
cluster development.

(b) A cluster development shall result in a permitted number of
building lots or 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 ordinance or local law applicable to the
district or districts in which such land is situated and conforming to
all other applicable requirements. Provided, however, that where the
plat falls within two or more contiguous districts, the planning board
may approve a cluster development representing the cumulative density as
derived from the summing of all units allowed in all such districts, and
may authorize actual construction to take place in all or any portion of
one or more of such districts.

(c) The planning board as a condition of plat approval may establish
such conditions on the ownership, use, and maintenance of such open
lands shown on the plat as it deems necessary to assure the preservation
of the natural and scenic qualities of such open lands. The town board
may require that such conditions shall be approved by the town board
before the plat may be approved for filing.

(d) The plat showing such cluster development may include 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, streets, driveways and any other features required by the
planning board. In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the planning board, in
detached, semi-detached, attached, or multi-story structures.

4. Notice and public hearing. The proposed cluster development shall
be subject to review at a public hearing or hearings held pursuant to
section two hundred seventy-six of this article for the approval of

5. Filing of plat. On the filing of the plat in the office of the
county clerk or register, a copy shall be filed with the town clerk, who
shall make appropriate notations and references thereto on the town
zoning map required to be maintained pursuant to section two hundred
sixty-four of this article.

6. Effect. 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 or local law applicable to such lands.