Whereas, pursuant to a resolution of the Town Board, the Planning
Board is empowered to modify applicable provisions of the Zoning Ordinance[1] in accordance with the provisions of § 281 of
the Town Law for the purpose of enabling and encouraging the 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 economic
use of streets and utilities and to preserve the natural and scenic
qualities of open lands, the following shall be the procedure and
standards for clustering:
A.
Request by subdivider. A subdivider may request the use of § 281 simultaneously with or subsequent to the presentation of the sketch plans as per procedure described in Article IV. Any submission subsequent to approval of a preliminary plat shall require a reapplication for sketch plat review.
B.
Sketch plan. A subdivider shall present, along with a proposal in
accordance with the provisions of § 281 of the Town Law,
a standard sketch plan which is consistent with all the criteria established
by these Subdivision Regulations, including but not limited to streets
and other improvements being consistent with the Town requirements
and lots being fully consistent with the Zoning Ordinance.[2]
C.
Lands for park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat sketch showing
land available for park, recreation, open space or other municipal
purposes directly related to the plan, then conditions as to ownership,
use and maintenance of such lands are necessary to assure the preservation
of such lands for their intended purposes and shall be set forth upon
discussion with the Planning Board.
D.
Plat submission. Upon determination that such sketch plan is suitable
for the procedures under § 281 of the Town Law and the subsequent
resolution by the Planning Board authorizing the subdivider to proceed
a preliminary plat meeting, all of the requirements of the resolution
shall be presented to the Planning Board, and thereafter the Planning
Board shall proceed with the required public hearings and all other
requirements of these regulations.
E.
Filing; notation on Zoning Map. On the filing of a final plat in
the office of the County Clerk in which § 281 of the Town
Law has been used, the subdivider shall file a copy with the Town
Clerk who shall make appropriate notations and reference thereto on
the Town Zoning Map.[3] The Secretary of the Planning Board shall notify the Building
Inspector when such a plat is filed.
[3]
Editor's Note: The Zoning Map is on file in the Town Clerk's
office and may be inspected during regular business hours.
