NY Gen City L § 37 (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 37 - Subdivision Review; Approval of Cluster Development.

§ 37. 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 ordinance or 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 subdivisions  twenty-four  and  twenty-five  of  section  twenty of this chapter.   2. Authorization; purpose.  (a) The legislative body of the city may, by local law  or  ordinance, 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  or  ordinance.  Such  local law or ordinance 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 city.  Provided,  however,  that  in  granting such authorization to the planning board, the legislative body of the city 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 or ordinance 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 ordinance or  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 legislative body of the city may require that such conditions shall be  approved  by the  legislative  body  of  the city 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 thirty-two 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 city clerk, who shall make appropriate notations and  references  thereto  on  the  city zoning map.   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 ordinance or local law applicable to such lands.