Cluster development may be requested to enable and encourage 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 economical provision of streets and utilities and to preserve the natural and scenic qualities of open land.
A. 
An applicant for subdivision approval desiring to utilize the applicable provisions of Town Law allowing cluster development shall submit an application requesting the Planning Board to petition the Town Board to grant authority to the Planning Board simultaneously with the approval of any plat to modify applicable provisions of Chapter 200, Zoning, subject to the conditions of this article and such other conditions as the Town Board shall determine.
B. 
The application shall detail the land for which such authority is requested and the rationale for such authority, a statement of the zoning provisions modified and a description of all deviations from applicable zoning, a proposed site plan, together with such other information as may be required pursuant to applicable rules and regulations.
C. 
The proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open spaces and their 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.
D. 
An application for subdivision, including a request for cluster development authority, shall not be acted upon or deemed complete until the granting of authority by the Town Board.
E. 
The Planning Board shall hear the application to petition the Town Board for cluster development authority and determine if such application would benefit the Town and serve the purposes of set forth above.
F. 
Receipt of petition.
(1) 
Upon receiving a petition form, the Planning Board requesting authority to allow cluster development the Board shall hear such applicant at a regularly scheduled meeting and may refuse to grant such authority or grant such authority with such conditions as it may, in its discretion.
(2) 
Upon receipt of authority to allow cluster development for the subdivision, the Planning Board, at a regular meeting may proceed upon the subdivision application. The petition by the Planning Board for authority and the granting of authority by the Town Board shall in no event affect the Planning Board's discretion in utilizing such development.
G. 
Criteria. The Planning Board, upon receipt of authorization from the Town Board, may grant the modification of applicable provisions of the zoning law subject to such conditions as the Town Board may have imposed and subject to the following:
(1) 
The application of cluster development shall not be allowed unless the Planning Board shall determine such application would benefit the Town.
[Amended 11-24-1997 by L.L. No. 7-1997]
In the event that the applicant presents a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Town Board as a condition of granting cluster development authority, shall establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of the natural and scenic qualities of such lands.