2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-738 - Subdivision review; approval of cluster development.

 
    §  7-738  Subdivision  review;  approval  of  cluster  development. 1.
  Definitions. As used in this section:
    (a) "cluster development" shall mean  a  subdivision  plat  or  plats,
  approved  pursuant to this article, in which the applicable zoning local
  law is modified to provide  an  alternative  permitted  method  for  the
  layout,  configuration  and  design  of  lots, buildings and structures,
  roads, utility lines and other infrastructure, parks, and landscaping in
  order to preserve the natural and scenic qualities of open lands.
    (b) "zoning districts" shall mean districts provided  for  in  section
  7-702 of this article.
    2. Authorization; purpose.
    (a)  The  village  board  of trustees may, by local law, authorize the
  planning board to approve a cluster development simultaneously with  the
  approval  of a plat or plats pursuant to the provisions of this article.
  Approval of a cluster development shall be subject to the conditions set
  forth in this section and in such local law. Such local law  shall  also
  specify  the  zoning  districts  in  which  cluster  development  may be
  applicable.
    (b) The purpose of a  cluster  development  shall  be  to  enable  and
  encourage flexibility of design and development of land in such a manner
  as to preserve the natural and scenic qualities of open lands.
    3. Conditions.
    (a)  This  procedure may be followed at the discretion of the planning
  board if, in said board's judgment, its application  would  benefit  the
  village.  Provided,  however, that in granting such authorization to the
  planning board, the village board of trustees  may  also  authorize  the
  planning board to require the owner to submit an application for cluster
  development  subject  to criteria contained in the local law authorizing
  cluster development.
    (b) A cluster development  shall  result  in  a  permitted  number  of
  building lots or dwelling units which shall in no case exceed the number
  which  could 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 the zoning local  law  applicable  to  the  district  or
  districts  in  which  such  land is situated and conforming to all other
  applicable requirements. Provided, however, that where  the  plat  falls
  within  two or more contiguous districts, the planning board may approve
  a cluster development representing the  cumulative  density  as  derived
  from  the  summing  of  all units allowed in all such districts, and may
  authorize any actual construction to take place in all or any portion of
  one or more of such districts.
    (c) The planning board as a condition of plat approval  may  establish
  such  conditions  on  the  ownership,  use, and maintenance of such open
  lands shown on the plat as it deems necessary to assure the preservation
  of the natural and scenic qualities of  such  open  lands.  The  village
  board  of trustees may require that such conditions shall be approved by
  the board of trustees before the plat may be approved for filing.
    (d) The plat showing such cluster development may include 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, streets, driveways  and  any  other  features  required  by  the
  planning board. In the case of a residential plat or plats, the dwelling
  units  permitted  may  be,  at  the discretion of the planning board, in
  detached, semi-detached, attached, or multi-story structures.
    4. Notice and public hearing. The proposed cluster  development  shall
  be  subject  to  review at a public hearing or hearings held pursuant to
  section 7-728 of this article for the approval of plats.

    5. Filing of plat. On the filing of the plat  in  the  office  of  the
  county  clerk or register, a copy shall be filed with the village clerk,
  who shall make appropriate  notations  and  references  thereto  on  the
  village  zoning  map required to be maintained pursuant to section 7-706
  of this article.
    6.  Effect.  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 local law applicable to such lands.