N.Y. Town Law § 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.