Town of LeRay, NY Article VI Cluster Development

§ 135-24 Authorization for modification of provisions.

The Planning Board of the Town of LeRay is hereby authorized to modify applicable provisions of Chapters 135 and 158 pursuant to § 278 of the Town Law simultaneously with the approval of any plat within the Town subject to the conditions set forth in this article.

§ 135-25 Purpose.

The purpose of cluster development is to permit a procedure for development which will:

A. Improve living and working environments;

B. Promote a more economic subdivision layout;

C. Encourage a variety of types of residential dwellings;

D. Encourage ingenuity and originality in total subdivision and individual site design; and

E. Preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto, within the densities established for the gross tract.

§ 135-26 Density transfer.

A. In each zone allowing cluster development, the lot size may be reduced from the general lot size of that district to a specific minimum lot size for cluster development. All such lot reductions shall be compensated for by an equivalent amount of land, in contiguous clustered open space, to be preserved and maintained for its scenic value or for recreation or conservation purposes.

B. In the approval of a cluster subdivision, in no case shall the maximum development density specified for the applicable zone be increased, nor shall the other applicable regulations or use limitations for the zone be changed or modified.

§ 135-27 Review criteria.

A permit for a cluster development shall be granted only if evidence is presented which establishes:

A. That the proposed development will be in harmony with the general purpose, goals, objectives and standards of the general plan, Chapter 158 and Chapter 135.

B. That the proposed building or use complies with all applicable regulations of Chapters 135 and 158 except as modified pursuant to the authority of this article.

C. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare.

D. That the proposed cluster development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property, in accordance with the applicable zone regulations.