The Town Board hereby authorizes the Planning
Board, simultaneously with the approval of a plat or plats pursuant
to this chapter, to modify applicable provisions of this chapter,
subject to the conditions hereinafter set forth and such other reasonable
conditions as the Town Board may, in its discretion, add thereto.
The purpose of this authorization is to enable and encourage flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities, to preserve the natural and scenic
qualities of open lands and to encourage affordable housing.
If the owner makes a written application for
the use of this procedure, it may be followed at the discretion of
the Planning Board if, in said Board's judgment, its application would
benefit the Town. Conversely, the Planning Board may require the application
of this procedure if, in its sole judgment, a better subdivision plan
would result.
This procedure shall be applicable only to tracts
of land of a minimum size of 10 acres and lands zoned for residential
purposes. Its application 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 this chapter applicable to the district in which such
land is situated and conforming to all other applicable requirements.
In determining the amount of land which can
be used to achieve a development plan, undevelopable land must first
be subtracted. Undevelopable land is any land that exceeds a slope
of 20%, and any body of water from the banks of the mean high-water
mark of said water body, and any State or Federally regulated wetland.
A.
Open space in a clustered subdivision is a parcel
or parcels of land, together with any improvements thereon, the use
and enjoyment of which are shared by the owners and occupants of the
residences. Open space in a clustered subdivision shall be used for
the purpose that it was intended, as determined by the Planning Board.
B.
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
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.
C.
Ownership of such open space may be either public
or private. When open space exists in private ownership, satisfactory
arrangements must be made for the improvement, operation and maintenance
of such common property and facilities, including private drives,
services and recreational and open space areas. Roads, streets and
parking areas shall not be considered open space for purposes of this
section. Where lands are shown as desirable for incorporation into
the Town's open space system, such lands shall be deeded to the Town.
D.
Open space in a clustered subdivision shall not be
sold off as a separate subdivision and shall not be used as future
building lots but may, with Town approval, be conveyed to the Town
or to an appropriate and approved corporation, entity or association
formed to operate and maintain said open space.
The dwelling units shall be of the same type
permitted in the zoning district to which the procedures of this article
are applied.
The procedure for the review of plans for cluster
developments shall be the same as for any subdivision.
On the filing of the plat in the office of the County Clerk or Register, a copy shall be filed with the Building Enforcement Clerk, who shall make appropriate notations and references thereto in Chapter 210, Zoning, and the Town Zoning Map.
