NY Vill L § 7-738 (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 7-738 - Subdivision Review; Approval of Cluster Development.

§  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.