The Village Board may by resolution empower the Planning Board to modify applicable provisions of Chapter 310, Zoning, in accordance with the provisions of § 7-738 of the Village Law, and the Village Board may, in its discretion, place whatever reasonable conditions upon the project which it deems necessary. Such authorization shall specify the lands to which this procedure may be applicable. The purposes of such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards for clustering shall be as follows:
A.
A subdivider may request the use of § 7-738 of the Village Law simultaneously with or subsequent to presentation of the rough sketch plan, as per this Part 2, and it may be followed at the discretion of the Planning Board if, in said Board's judgment, its application would benefit the Village. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B.
This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of 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 of Chapter 310, Zoning, applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
C.
The dwelling units permitted may be, at the discretion
of the Planning Board and subject to the conditions set forth by the
Village Board, in detached, semidetached, attached or multistory structures.
A subdivider shall present, along with a proposal in accordance with the provisions of § 7-738 of the Village Law, a standard sketch plat which is consistent with all the criteria established by this Part 2, including but not limited to streets, being consistent with the street specifications and lots being consistent with Chapter 310, Zoning.
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. The Village Board may require that such conditions
shall be approved by the Village Board before the plat may be approved
for filing.
Upon determination that such sketch plan is suitable for the procedures under § 7-738 of the Village Law and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution (the proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open space and its landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan) shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of this Part 2.
On the filing of a plat in the office of the
County Clerk in which § 7-738 of the Village Law has been
used, the subdivider shall file a copy with the Village Clerk who
shall make appropriate notations and reference thereto in the Municipal
Zoning Ordinance Map. The Secretary of the Planning Board shall notify
the Code Enforcement Officer when such a plat is filed.
