§ 7-738 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 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
7-702 of this article.

2. Authorization; purpose.

(a) The village board of trustees may, by local law, authorize the
planning board to approve a cluster development simultaneously with the
approval of a plat or plats pursuant to the provisions of this article.
Approval of a cluster development shall be subject to the conditions set
forth in this section and in such local law. Such local law shall also
specify the zoning districts 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
village. Provided, however, that in granting such authorization to the
planning board, the village board of trustees 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 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 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 any 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 village
board of trustees may require that such conditions shall be approved by
the board of trustees 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 7-728 of this article for the approval of plats.

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 village clerk,
who shall make appropriate notations and references thereto on the
village zoning map required to be maintained pursuant to section 7-706
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 local law applicable to such lands.