Whereas, pursuant to a resolution of the Town Board, the Planning Board has been empowered to modify the minimum lot area and minimum lot width requirements of the Zoning Ordinance[1] in accordance with the provisions of § 281 of the Town Law, in order 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 economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures.
[1]
Editor's Note: See Ch. 149, Zoning.
The purpose of the cluster provisions is to encourage flexibility in the design and development of land in order to promote its most environmentally sensitive use; to facilitate the adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage compatibility with the goals and objectives of the Comprehensive Land Use Plan.
In order to realize the purpose of this Article, a cluster design shall achieve the following objectives:
A. 
A development pattern which preserves outstanding natural topography and geological features, scenic vistas and trees and prevents the disruption of natural drainage patterns.
B. 
An efficient use of land resulting in smaller networks of utilities and streets.
C. 
A development pattern in harmony with the land use intensity, transportation facilities and community facilities objectives of the Comprehensive Land Use Plan.
A. 
No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district wherein such lands lie, as specified in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 149, Zoning.
B. 
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Zoning Ordinance.
C. 
The minimum acreage to which this section may be applicable shall be five times the minimum lot area for the zoning district involved. Therefore, in any given district, the minimum number of units to which this section applies is five.
D. 
In the event that the utilization of this section results in a plat showing lands available for park, recreation or other municipal purposes directly related to the plat or in a plat showing lands to be retained in open space in order to comply with the average density of lots or dwelling units that is permitted in the zoning district wherein such lands lie, the Planning Board may establish, in the case of lands for park, recreation or other municipal purpose, 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 and may further, in the case of lands to be retained in the open space, require that such lands be restricted by deed restriction, restrictive covenant, conveyance of a scenic easement or other conservation restriction to the town or other appropriate means against development of land use inconsistent with their retention. Nothing in this Article shall supersede the Town Board's right and responsibility to determine land to be acquired for town parks, after consulting with the Recreation Commission and Planning Board.
E. 
The maximum buildable lots for a conventional subdivision shall be calculated as follows:
(1) 
From the total area of the property to be subdivided, subtract:
(a) 
The area to be occupied by the proposed street rights-of-way.
(b) 
The area to be set aside for other public use, such as parkland.
(c) 
The area occupied by other public easements or rights-of-way across the property, such as major power or telephone lines.
(2) 
Then divide the resulting figure (the remaining acreage) by the lot size allowed in the zone in which the lots will be located.
F. 
Where vistas and open field areas are to be preserved, lots shall be clustered at the edges of the open field areas or behind topographic features which block views from the existing public way, whenever possible.
G. 
Cluster developments shall only be considered by the Planning Board if the proposed development has a planned connection to both Municipal water and sewer utilities.
[Added 6-14-2022 by L.L. No. 3-2022]
A. 
Request by Planning Board. A cluster design alternative shall be considered if the characteristics of the site include any of the following:
(1) 
A significant wildlife or plant habitat exists on the site or may be impacted by the development of the site.
(2) 
Wetlands occupy over 25% of the site or where streams are crossed by the development of the site.
(3) 
Slopes greater than 15% occupy over 50% of the site.
(4) 
Slopes greater than 25% occupy over 25% of the site.
(5) 
Soils with a percolation rate of greater than 60 minutes per inch occupy over 25% of the site.
(6) 
Soils with depth to bedrock at 18 inches or less occupy over 25% of the site.
(7) 
Soils with depth to seasonal high-water table of three feet or less occupy over 25% of the site.
(8) 
Sites adjacent to buildings or structures of historic significance.
B. 
Request by subdivider. A subdivider may request the use of this section simultaneously with or subsequent to the submission of the sketch plan, as described in Article III. Any submission subsequent to preliminary approval of a plat shall require a resubmission of the sketch plan.
C. 
Alternate sketch plan. The Planning and Zoning Department or the Planning Board may request that a subdivider present, along with a proposal utilizing the provisions of this section, an alternate sketch plan, with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 149, Zoning.
D. 
Plat submission. Upon determination by the Planning Board that the sketch plan utilizing the provisions of this section is suitable, the procedures attendant to and subsequent to the sketch plan submission, as set forth in Article III, shall be followed in regular order.
E. 
Local filing, notation on Zoning Map. Any subdivision plat finally approved which involves modification as provided for in this Article shall be filed, in addition to the filing required by Article V hereof, with the Planning and Zoning Department, who will make appropriate notation and reference thereto on the Town Zoning Map.[2]
[2]
Editor's Note: A copy of the Town Zoning Map is included in a pocket at the end of this volume.
[Added 6-14-2022 by L.L. No. 3-2022]
The provisions of this article shall be administered and enforced primarily by the Planning Board and department heads, which shall have the power to review the application materials for completeness, request additional documentation that may be required for Board review, and to make inspections necessary.