[Added 12-12-2006]
It is the purpose of this article to permit
cluster development in accordance with the provisions of New York
State Town Law § 278 in order to allow for maximum flexibility
in achieving well-planned and environmentally sensitive developments,
with special consideration given to preserving the natural and scenic
qualities of lands within the Town of Islip.
The Town Board of the Town of Islip hereby elects
to adopt the provisions of Town Law § 278 and to exercise
the powers granted by Town Law § 278, and hereby grants
to the Planning Board of the Town of Islip appropriate authority to
modify the Zoning Code as hereinafter detailed.
This article shall be applicable to all land
zoned for residential purposes within the Town of Islip.
A.
In order to accomplish the clustering of residential
lots, an applicant for a subdivision shall provide a standard yield
plan and a cluster plan.
B.
In its review of a cluster subdivision plan, the Planning
Board shall consider the following:
(1)
Environmentally unique or sensitive features, including,
but not limited to, fresh- or saltwater wetlands, scenic views, forests
or wooded areas, ponds, rivers or streams, or other natural features
which the Planning Board determines need to be preserved and/or protected;
(2)
The general topography and the location and extent
of sloped areas;
(3)
Whether the subject property contains historic sites
and/or structures of
(4)
Whether the subject property contains a significant
archaeological field(s);
(5)
Reconfiguration of old, filed subdivision maps, based
on single and separate lots;
(6)
Enhancement of buffers between the development and
incompatible uses, such as highways or commercial development;
(7)
The creation of medians or other distinctive features
to enhance the development;
(8)
Any other factors which, in the opinion of the Planning
Board, warrant consideration.
C.
The cluster subdivision plat must locate and arrange
the residential lots so as to accomplish the following:
(1)
Demonstrate the ways in which scenic vistas are being
considered or enhanced and shall depict a lot arrangement which has
considered the visual impact of residential development upon such
vistas or upon adjacent development.
(2)
Remain harmonious with and protect during construction,
to the maximum extent practicable, the natural environment, minimizing
the clearing of treed areas, the grading of earth, removal of soils,
and precluding the disturbance of surface waters and wetlands and
other similar disturbances of the natural environment.
Unit yield shall be determined as follows:
A.
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 Town Code, including requirements
for right-of-way, drainage, access and conservation areas;
B.
In the event 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 more restrictive district in each proposed
lot;
C.
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 districts.
A.
The application of the procedure prescribed by this
article may result in a plat showing lands available for a park, recreation,
open space or municipal purposes directly related to the plat. The
Planning Board, as a condition of plat approval, may establish such
conditions on the ownership, use and maintenance of such lands as
it deems necessary to assure the preservation of such lands for their
intended purposes. The open space created by the use of the provisions
of this article must be clearly labeled on the subdivision map as
to its use and the rights of the owners in the subdivision, as well
as whether it is to be dedicated ultimately to the Town or other governmental
body or to an approved private or conservation corporation or to a
property owners' association or otherwise under conditions meeting
with Planning Board approval. The details as to use and ownership
of such open space are further to be set out in a declaration recorded
by the owner or other appropriate instrument. Such open space is to
be preserved in perpetuity, and the Planning Board may require an
open space easement running to the Town as a condition of approval.
B.
If said lands are to be offered for dedication to
the Town, the Town Board may require that such conditions shall be
approved by the Town Board before said plan shall be approved for
filing. All or portions of open space may be dedicated to the Town
or some other municipal corporation.
C.
If the open space is not to be dedicated to the Town
or other governmental authority or to an approved private or conservation
corporation, the applicant, simultaneously with the filing of the
map, must either create a property owners' association or neighborhood
corporation embracing all property owners within the map and providing
for adequate annual contributions for maintenance of said open space
or otherwise satisfy the Planning Board with regard to the maintenance
of said open space.
In addition to any screening and landscaping
requirements contained in existing rules and regulations of the Planning
Board, the Planning Board may require additional screening and planting
in order to lessen the impact of the open space zone on adjacent properties.
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.
Cluster development shall be subject to review
at a public hearing held in accordance with the provisions of Article
16 of the Town Law.
In addition to the other Planning Board requirements
for final maps, upon final approval of a change of zone by the Town
Board and final approval of the subdivision application by the Planning
Board, the applicant shall file the subdivision map in the office
of the County Clerk, which map shall contain thereon a statement that
the subdivision has been approved pursuant to the provisions of this
article, the number and type of units which can be erected thereon,
the areas in which said units may be constructed and the areas which
are to remain open space and under what conditions.
