A cluster development, lot consolidation, lot line adjustment and/or subdivision shall be of such character that it can be developed without danger to public health or safety; the final plat shall be in harmony with the Comprehensive Plan; and all improvements, whether private or public, shall be constructed and installed in conformance with the specifications of the AHJ.
A cluster development, lot consolidation, lot line adjustment and/or subdivision shall comply with any applicable provision of the Code of the Town (e.g., Flood Damage Prevention Law, Highways and Private Roads Law, Waste Management Law, Water Law, Zoning Law, etc.).[1]
[1]
Editor's Note: See Ch. 204, Flood Damage Prevention, Ch. 222, Highways and Private Roads, Ch. 331, Wastewater Management, Ch. 336, Water, and Ch. 350, Zoning.
The creation of, extension of or the modification to a public improvement that is proposed in an application for a cluster development, lot consolidation, lot line adjustment or subdivision shall be approved by the AHJ (e.g., Town Board, County, NYSDOT, etc.) prior to the designated approval authority making any determination on such application.
A. 
When required. An owner submitting an application for a cluster development, lot consolidation, lot line adjustment or a subdivision, where the total anticipated land disturbance is greater than one acre, is not required to obtain coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities provided such application satisfies all of the following conditions:
(1) 
The individual lots are for single-unit dwellings only;
(2) 
The total anticipated land disturbance for the subdivision is less than five acres;
(3) 
The cluster development, lot consolidation, lot line adjustment or subdivision does not require the construction of roads or common driveways;
(4) 
The cluster development, lot consolidation, lot line adjustment or subdivision does not require municipal sewer and/or water system extensions as part of its local approval;
(5) 
The cluster development, lot consolidation, lot line adjustment or subdivision will not connect to an existing subsurface storm sewer system; and
(6) 
The owner is not required, as part of its cluster development, lot consolidation, lot line adjustment or subdivision approval at the local level, to prepare engineering plans showing the individual lot layout (e.g. house, drive, septic system, water supply, etc.) on the final plat.
B. 
SWPPP and NOI. If an application for a cluster development, lot consolidation, lot line adjustment or subdivision requires coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities, the owner shall include in such application a SWPPP, which shall conform to the applicable SMPS that are approved by the NYSDEC, and a NOI issued by the NYSDEC.
Nothing in this chapter shall prohibit an owner from placing self-imposed restrictions that are not in violation of the law. Such restrictions, however, shall be indicated on the final plat.