The Town Board of the Town of Gates, pursuant to its authority under § 278 of the New York Town Law, intends to grant to the Gates Planning Board certain powers and authority with regard to the review of alternate subdivision configuration proposals commonly known as "cluster development."

The Town Board shall review proposals for cluster development pursuant to New York Town Law § 278 and shall determine whether or not such development is appropriate.

A subdivider, or the Planning Board or Town Board as the case may be, may request the use of Town Law § 278, in which case the subdivider shall present, along with the proposal in accordance with the provisions of Town Law § 278, a conventional sketch plat which is consistent with all the criteria established by this chapter.

The Planning Board may review cluster development proposals for developments in the R1-11 and R1-15 Zoning Districts only.

The Planning Board may impose conditions on the ownership, use and maintenance of any open lands shown on the plans submitted in connection with any cluster development application such as are necessary to preserve any such open lands. In the event that such conditions are imposed upon the plan, the Gates Town Board shall review the conditions and may accept or reject same.

The Gates Planning Board may allow variation from Town Code requirements for the dimensional or building criteria discussed in New York Town Law § 278. These shall include setback requirements. The Gates Planning Board may not, however, allow any variation with respect to the permissible use of the land as provided in the Gates Zoning Ordinance.