N.Y. Village Law § 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.