§ 85-912. Cluster development.

A. 

Purpose. In order to achieve the goal(s) of well-planned and/or environmentally sensitive development, we find that it is necessary and desirable to confer upon the Planning Board the authority to modify the zoning code with respect to the applicable bulk requirements for subdivision plats and to provide for flexibility in the layout, configuration and design of lots, buildings, structures, roadways and other components of infrastructure, parks, landscaping and other features of said plats in order to preserve the natural and scenic qualities of lands and to otherwise provide opportunity for appropriate development.

B. 

The Planning Board is hereby authorized to review and approve and/or deny cluster development for subdivision plats, simultaneously with its review and approval of such plats, for all lands within the Town.

C. 

The Planning Board may require the submission of a cluster development map where it determines that the following circumstances exist:

[Amended 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

(1) 

The subject property contains environmentally unique or sensitive features, including but not limited to fresh or salt water wetlands, scenic views, wildlife habitat, including habitat for endangered species and/or rare animal and plant species, forests, ponds, rivers or streams, steep slopes, other rare or unusual geological features, or other natural features which the Board determines need to be preserved and/or protected.

(2) 

The subject property contains historic sites and/or structures of significance.

(3) 

The subject property contains significant archeological resources.

(4) 

The subject property provides significant scenic views.

(5) 

Reconfiguration of old, filed subdivision maps, based on single and separate lots.

(6) 

The subject property is adjacent to or in close proximity to an existing local or regional recreational trail, protected open space, protected preserve, protected forest or other protected lands.

(7) 

The property is part of an established or proposed greenbelt area.

(8) 

The subject property contains prime agricultural soils.

D. 

Yield. Unit yield shall be determined as follows:

(1) 

The unit yield shall in no case exceed the unit yield which could be permitted, in the Planning Board's judgment, were the land to be subdivided into a conventional plat conforming with the applicable bulk requirements of the Code.

(2) 

In the event that the subject property is located in two or more zoning districts, the unit yield shall be limited to the cumulative density as derived from the yield proportionately attributable to the property located in each of the zoning districts; in such case, improvements may be located without regard to the location of the underlying zoning districts.

(3) 

In the case of residential plats subject to cluster development as set forth in this section, the dwelling units permitted may be, at the discretion of the Planning Board, detached, semidetached, attached, or located within multistory structures.

E. 

The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use, and maintenance of the open lands attributable to such plats as it deems necessary and/or appropriate in order to assure the preservation of the natural, scenic or other significant qualities of such lands, subject to the Town Board's approval thereof.

F. 

Applications. Applications for cluster development shall be made simultaneously with subdivision and/or resubdivision plat applications and shall contain such information as the Planning Board shall determine necessary and in such format as the Board shall adopt.

G. 

Notice and public hearing. Cluster development shall be subject to review at a public hearing(s) held in accordance with the provisions of Article 16 of the Town Law.

H. 

Filing. Upon the filing of a cluster development subdivision plat in the office of the County Clerk, a copy thereof shall be filed with the Town Clerk and the Commissioner of Planning, Environment and Land Management, who shall make appropriate notation and references thereto on the Town Zoning Map required to be maintained pursuant to the provisions of Article 16 of the Town Law.

I. 

A noncontiguous cluster development shall be permitted in the A Residence 5 and A Residence 10 Zoning Districts as follows:

(1) 

Development may be clustered on one of two or more parcels.

(2) 

The Board may impose conditions as it deems reasonably necessary and/or appropriate.

(3) 

The Town Board may grant additional yield as an incentive for the dedication of environmentally sensitive lands.