NY Town L § 278 (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 278 - Subdivision Review; Approval of Cluster Development.

§  278.  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  section two hundred sixty-two of this article.   2. Authorization; purpose.  (a)  The  town  board  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 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  outside  the limits of any incorporated village 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 town.  Provided,  however,  that  in  granting such authorization to the planning board, the town board 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 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 town board may require that such conditions shall be approved  by  the  town  board 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  two  hundred  seventy-six  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 town clerk, who shall make appropriate notations and  references  thereto  on  the  town zoning  map  required  to  be maintained pursuant to section two hundred sixty-four 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 ordinance or local law applicable to such lands.