It is the intent and purpose of cluster development to provide for innovative and creative land use through more flexible design regulations permitting the clustering in planned communities of detached, semidetached, attached or multistory dwellings in such a fashion as to foster community park and open space, to aid in the preservation of trees, vegetation and outstanding natural topography and to permit a more efficient layout of streets, roads and utilities while at the same time maintaining the use and overall density requirements of the zoning district in which the proposed cluster development is located.
Whenever, in any zoning district where it is zoned for residential use districts, the Planning Board deems cluster development appropriate, it may, in accordance with the provisions of Village Law § 7-728, review a proposed cluster development and authorize a specific cluster development plan as part of its authority to review and approve subdivision plats, subject to the following criteria. Such action shall replace the dimensional requirements set forth in Chapter 150, Zoning.
Following is a list of requirements that must be met for establishment of a cluster development:
Density. The number of dwelling units shall in no case exceed the number which could have been permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming with the minimum lot size and density requirements of Chapter 150, Zoning, applicable to the district in which the land is situated and conforming with all other applicable zoning requirements.
Location. Cluster developments shall be permitted only in zoning districts where residential uses are allowed and where the applicant can demonstrate that the characteristics of the proposed cluster development plan will meet the objectives of this chapter and the General Plan.
Permitted uses. The following residential and accessory uses shall be permitted in a cluster development:
Residential uses. Residences may be of any variety, including single-family dwellings, two-family dwellings and multifamily dwellings or any combination thereof. No mobile homes shall be permitted.
Accessory uses. All accessory uses shall be in keeping with the residential character of the proposed development and adjacent areas.
If the plat shows or the Planning Board requires lands for park, recreational, open space or other municipal purposes, then the Planning Board, as a condition of approval, shall 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. Such conditions shall be approved by the Board of Trustees before the plat may be approved for filing.
The proposed site plan shall include areas on which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street parking spaces, streets, driveways and all other physical features as shown on said plan or otherwise described and shall be 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, and the foregoing shall be subject to review at the public hearing held pursuant to § 7-728 of the Village Law.
The procedure for review of a cluster development shall be the procedure for conventional subdivisions as outlined herein.