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.
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.
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.