2006 New York Code - Subdivision Review; Approval Of Cluster Development.

 
    § 37. 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
  ordinance or 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
  subdivisions  twenty-four  and  twenty-five  of  section  twenty of this
  chapter.
    2. Authorization; purpose.
    (a) The legislative body of the city may, by local law  or  ordinance,
  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  or  ordinance.  Such  local law or ordinance 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
  city.  Provided,  however,  that  in  granting such authorization to the
  planning board, the legislative body of the city 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 or ordinance
  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 ordinance or  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 legislative
  body of the city may require that such conditions shall be  approved  by
  the  legislative  body  of  the city 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 thirty-two 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 city clerk, who
  shall make appropriate notations and  references  thereto  on  the  city
  zoning map.
    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 ordinance or local law applicable to such lands.