2023 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.