Benefits to the Town. A cluster development may be required at the discretion of the Planning Board, with the concept approval and formal approval of the Town Board as set forth in Subsections D and I below, if, in the judgment of the Planning Board, a cluster development would benefit the Town.

Specifications. Simultaneous with or prior to the approval of a clustered subdivision, the Planning Board shall establish the specific lot bulk requirements it has authorized as part of the cluster development plan. In addition, any conservation or access easement or other restrictions or design specifications established as part of the overall plan shall be specified on the plat.

Number of lots or dwelling units. 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 this chapter 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 in all such districts, and may authorize actual construction to take place in any portion of one or more of the districts.

Open space preservation. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and ongoing 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 Town Board hereby requires that any such conditions shall be approved by the Town Board by resolution before the final plat may be approved for filing. Prior to the determination of the Town Board as required in this Subsection D, the Town Board must be in receipt of the resolution of the Planning Board declaring that the cluster development will be a benefit to the Town and also must be in receipt of the negative declaration or findings statement pursuant to the SEQRA as prepared by the lead agency.

Plat requirements. In addition to the standard plat requirements for conventional subdivisions, the plat showing such cluster development may include areas within which structures may be located, the heights and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and 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, semidetached, attached or multistory structures.

Notice and public hearing. The proposed cluster developments shall be subject to review at a public hearing or hearings held pursuant to Article 16 of the New York State Town Law regarding the approval of plats.

Filing of plat. On the filing of the plat in the office of the Orange County Clerk, a copy shall be filed with the office of the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map required to be maintained per Article 16 of the Town Law for the State of New York.

Effect. The provisions of this § 235-8 shall not be deemed to authorize a change in the permissible use of such land as elsewhere provided in this chapter of the Code of the Town of Montgomery.

Town Board concept review. The requirements of this Subsection I shall be deemed to be a portion of the criteria set forth at Town Law § 278, Subdivision (3)a. In addition to the final approval of the Town Board as to the ownership, use and maintenance of open space as set forth in Subsection D above, the subdivider shall appear before the Town Board to present the proposed cluster plan concept to the Town Board after the proposed cluster plan has received an informal concept or sketch approval from the Planning Board. The purpose of this appearance before the Town Board is to ascertain if the Town Board is to exercise its authority to reject or modify the proposed cluster plan concept. If the Town Board is to reject or modify the proposed cluster plan concept, it must do so by resolution within 45 days of the first appearance before the Town Board. If the Town Board fails to reject or modify the cluster plan concept within such forty-five-day period, the clustered subdivision plan may proceed to the preliminary public hearing stage before the Planning Board generally as presented. If the Town Board finds it to be in the public interest to authorize the continued review of the cluster plan by the Planning Board, with or without modification, it may do so by resolution prior to the expiration of such forty-five-day period, which resolution shall not be deemed to be an action pursuant to the SEQRA and/or an approval of said plan, as that approval shall remain within the sole discretion of the Planning Board as elsewhere provided in this § 235-8 and in Article 16 of the NYS Town Law and in accordance with the obligations of the lead agency pursuant to the SEQRA and the regulations thereunder.