N.Y. GCT Law § 37 — New York Code / Act GCT / Article 3 / Section 37
Subdivision review; approval of cluster development
Status: in_force

§ 37. 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\nordinance or local law is modified to provide an alternative permitted\nmethod for the layout, configuration and design of lots, buildings and\nstructures, roads, utility lines and other infrastructure, parks, and\nlandscaping in order to preserve the natural and scenic qualities of\nopen lands.\n  (b) "zoning districts" shall mean districts provided for in\nsubdivisions twenty-four and twenty-five of section twenty of this\nchapter.\n  2. Authorization; purpose.\n  (a) The legislative body of the city may, by local law or ordinance,\nauthorize the planning board to approve a cluster development\nsimultaneously with the approval of a plat or plats pursuant to the\nprovisions of this article.  Approval of a cluster development shall be\nsubject to the conditions set forth in this section and in such local\nlaw or ordinance. Such local law or ordinance shall also specify the\nzoning districts in which cluster development may be applicable.\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\ncity. Provided, however, that in granting such authorization to the\nplanning board, the legislative body of the city 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 or ordinance\nauthorizing cluster 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 ordinance or local law applicable to the\ndistrict or districts in which such land is situated and conforming to\nall other applicable requirements. Provided, however, that where the\nplat falls within two or more contiguous districts, the planning board\nmay approve a cluster development representing the cumulative density as\nderived from the summing of all units allowed in all such districts, and\nmay authorize any actual construction to take place in all or any\nportion of one 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 legislative\nbody of the city may require that such conditions shall be approved by\nthe legislative body of the city before the plat may be approved for\nfiling.\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 thirty-two 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 city clerk, who\nshall make appropriate notations and references thereto on the city\nzoning map.\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 ordinance or local law applicable to such lands.\n