MapLink™ | Procedures | Cluster Development

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Cluster Development
In those instances where the Planning Board is empowered to modify applicable provisions of the Zoning Chapter, in accordance with the provisions of § 7-738 of the Village Law of the State of New York for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land or 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 procedures and standards:
 
(a) Request by subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the preliminary plan as per procedure described in this article. Any submission subsequent to preliminary approval of a plat shall require a reapplication for preliminary plat review.

(b) Request by Planning Board. The Planning Board may request the use of § 7-738 simultaneously with or subsequent to presentation of the preliminary plan as per procedure described in this article. Any submission subsequent to preliminary approval of a plat shall require a reapplication for preliminary plat review.

(c) Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board. Such conditions shall be set forth in notes on the plat.

(d) Plat submission. A preliminary plat meeting all of the requirements of the Village Law § 7-738 shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these regulations. A plat submitted by a subdivider for cluster development shall include a separate sheet showing a standard layout that meets all zoning and subdivision requirements in order to determine the lot count for the cluster development.

(e) Filing; notation on Zoning Map. On the filing of a plat in the office of the County Clerk of a plat in which § 7-738 has been used, the subdivider shall file a copy with the Village Clerk, who shall make appropriate notations and reference thereto in the Village Zoning Map. The Village Clerk shall notify the Building Inspector when such a plat is filed.