N.Y. VIL Law § 7-738 — New York Code / Act VIL / Article 7 / Section 7-738
Subdivision review; approval of cluster development
Status: in_force

§ 7-738 Subdivision review; approval of cluster development. 1.\nDefinitions. As used in this section:\n  (a) "cluster development" shall mean a subdivision plat or plats,\napproved pursuant to this article, in which the applicable zoning local\nlaw is modified to provide an alternative permitted method for the\nlayout, configuration and design of lots, buildings and structures,\nroads, utility lines and other infrastructure, parks, and landscaping in\norder to preserve the natural and scenic qualities of open lands.\n  (b) "zoning districts" shall mean districts provided for in section\n7-702 of this article.\n  2. Authorization; purpose.\n  (a) The village board of trustees may, by local law, authorize the\nplanning board to approve a cluster development simultaneously with the\napproval of a plat or plats pursuant to the provisions of this article.\nApproval of a cluster development shall be subject to the conditions set\nforth in this section and in such local law. Such local law shall also\nspecify the zoning districts in which cluster development may be\napplicable.\n  (b) The purpose of a cluster development shall be to enable and\nencourage flexibility of design and development of land in such a manner\nas to preserve the natural and scenic qualities of open lands.\n  3. Conditions.\n  (a) This procedure may be followed at the discretion of the planning\nboard if, in said board's judgment, its application would benefit the\nvillage. Provided, however, that in granting such authorization to the\nplanning board, the village board of trustees may also authorize the\nplanning board to require the owner to submit an application for cluster\ndevelopment subject to criteria contained in the local law authorizing\ncluster development.\n  (b) A cluster development shall result in a permitted number of\nbuilding lots or dwelling units which shall in no case exceed the number\nwhich could be permitted, in the planning board's judgment, if the land\nwere subdivided into lots conforming to the minimum lot size and density\nrequirements of the zoning local law applicable to the district or\ndistricts in which such land is situated and conforming to all other\napplicable requirements. Provided, however, that where the plat falls\nwithin two or more contiguous districts, the planning board may approve\na cluster development representing the cumulative density as derived\nfrom the summing of all units allowed in all such districts, and may\nauthorize any actual construction to take place in all or any portion of\none or more of such districts.\n  (c) The planning board as a condition of plat approval may establish\nsuch conditions on the ownership, use, and maintenance of such open\nlands shown on the plat as it deems necessary to assure the preservation\nof the natural and scenic qualities of such open lands. The village\nboard of trustees may require that such conditions shall be approved by\nthe board of trustees before the plat may be approved for filing.\n  (d) The plat showing such cluster development may include areas within\nwhich structures may be located, the height and spacing of buildings,\nopen spaces and their landscaping, off-street open and enclosed parking\nspaces, streets, driveways and any other features required by the\nplanning board. In the case of a residential plat or plats, the dwelling\nunits permitted may be, at the discretion of the planning board, in\ndetached, semi-detached, attached, or multi-story structures.\n  4. Notice and public hearing. The proposed cluster development shall\nbe subject to review at a public hearing or hearings held pursuant to\nsection 7-728 of this article for the approval of plats.\n  5. Filing of plat. On the filing of the plat in the office of the\ncounty clerk or register, a copy shall be filed with the village clerk,\nwho shall make appropriate notations and references thereto on the\nvillage zoning map required to be maintained pursuant to section 7-706\nof this article.\n  6. Effect. The provisions of this section shall not be deemed to\nauthorize a change in the permissible use of such lands as provided in\nthe zoning local law applicable to such lands.\n