N.Y. TWN Law § 278 — New York Code / Act TWN / Article 16 / Section 278
Subdivision review; approval of cluster development
Status: in_force

§ 278. 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 section\ntwo hundred sixty-two of this article.\n  2. Authorization; purpose.\n  (a) The town board may, by local law or ordinance, authorize the\nplanning board to approve a cluster development simultaneously with the\napproval of a plat or plats pursuant to this article. Approval of a\ncluster development shall be subject to the conditions set forth in this\nsection and in such local law or ordinance. Such local law or ordinance\nshall also specify the zoning districts outside the limits of any\nincorporated village 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\ntown. Provided, however, that in granting such authorization to the\nplanning board, the town board may also authorize the planning board to\nrequire the owner to submit an application for cluster development\nsubject to criteria contained in the local law or ordinance 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 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 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 town board\nmay require that such conditions shall be approved by the town board\nbefore 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 two hundred seventy-six of this article for the approval of\nplats.\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 town clerk, who\nshall make appropriate notations and references thereto on the town\nzoning map required to be maintained pursuant to section two hundred\nsixty-four of 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 ordinance or local law applicable to such lands.\n