Whenever any minor or major subdivision of land,
or resubdivision of land is proposed to be made, no land may be sold
within such proposed subdivision and no structure may be erected until
said subdivider or his/her duly authorized agent shall apply in writing
for approval of such proposed subdivision in accordance with the following
procedures.
The Planning Board is hereby authorized, in
its discretion, to approve cluster development simultaneously with
the approval of a plat or plats or plans pursuant to this chapter.
Such discretion shall be exercised by the Planning Board in situations
where it believes that application of cluster development is to the
benefit of the Town. The purpose of cluster development is to enable
and encourage feasibility of design and development of land is such
a manner as to preserve the natural and scenic qualities of local
land. Approval of cluster development shall be subject to the conditions
set forth in § 278 of NYS Town Law and this chapter as follows:
A. Applicable zoning districts. Clustering shall be permitted only in those zoning districts where it is allowed under Chapter
475, Zoning.
B. Permitted number of building lots or dwelling units. A cluster development shall result in a permitted number of building lots or dwelling units which shall not exceed the number that would 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
475, Zoning, for the district or districts in which such land is situated and all other applicable requirements. Where the plat falls into two or more contiguous districts, however, the Planning Board may approve a cluster development representing the cumulative density is derived from the summing of all units allowed in all such districts, and may authorize actual construction to take place in all or any portion of one or more of such districts.
C. Conditions on the ownership, use and maintenance of
open lands. The Planning Board, as a requirement of plat approval,
may establish such conditions for the ownership, use and maintenance
of such open lands shown on the plat as deemed necessary to assure
the preservation of the natural and scenic qualities of such lands.
Any such conditions shall be approved by the Town Board before the
plat may be approved for filing.
D. Plat requirements. The plat showing a cluster development
may include areas in which structures may be located, height and spacing
of buildings, open spaces and their landscaping, off street, open
and enclosed parking places, streets, driveways, and other features
required by the Planning Board. In case of a residential plat or plats,
the dwelling units permitted may be, at the discretion of the Planning
Board, undetached, semi-attached, attached or multi-storied structures.
E. Procedures to be followed for cluster development.
(1) A subdivider may request the use of clustering simultaneously with or subsequent to presentation of the sketch plan as provided in Article
III, §
437-6. However, any such request subsequent to preliminary plat approval shall require a reapplication for sketch plan review.
(2) A subdivider shall present along with his request for clustering, a standard sketch plan consistent with the criteria established by this chapter, including but not limited to streets being consistent with the street specifications, and lots being consistent with Chapter
475, Zoning..
(3) If the application for clustering results in a final
plat showing land available for park, recreation, open space, or other
municipal purposes, directly related to the sketch plan, then conditions
as to ownership, use and maintenance of such lands necessary to assure
the preservation of such lands for their intended purposes shall be
made by the Planning Board and subject to Town Board approval.
(4) Upon a determination by the Planning Board that such
Sketch Plan complies with the clustering requirements set forth herein,
a preliminary plat also meeting such requirements shall be presented
to the Planning Board, and thereafter the Planning Board shall proceed
in accordance with this chapter.
(5) The proposed cluster development shall be subject
to review at a public hearing or hearings as required by this chapter
for approval of plats.
(6) On the filing of a final plat in the Office of the
Genesee County Clerk, a copy shall be filed with the Town Clerk, who
shall cause to make appropriate notations and references thereto on
the Town's Zoning Map. The Town Clerk shall notify the Planning Board
Secretary, Zoning Enforcement Officer and Code Enforcement Officer/Building
Inspector when such plat is filed.
(7) The provisions of this section shall not be deemed to authorize a change in the permissible use of lands as provided in Chapter
475, Zoning.