The purpose of a cluster development shall be to enable and encourage flexibility of design and development of lands in such a manner as to enhance and preserve the natural and scenic qualities of open lands and to thereby maintain the rural quality of the community. This includes the preservation of unique or significant features of the site, including, but not limited to, a vegetative feature (i.e., important woods, etc.), wildlife habitat, endangered species area, unusual land formation, agricultural land, waterfront or other significant features. It may also include an important view or aesthetic/scenic component of the Town, or help to preserve the rural character of the community. In some instances, the cluster development concept may be utilized to create an important recreational or scenic component for the community. It is not the intent of cluster development to create useless open space such as standard lawned areas or vacant field.

Pursuant to the provisions of Town Law § 278, the Town Board of the Town of Somerset does hereby authorize the Planning Board of the Town of Somerset to approve a cluster residential development simultaneously with the approval of a plat or plats. Approval of cluster developments shall be subject to the conditions set forth in this article and in Town Law § 278, and the subdivision approval process set forth in the Code of the Town of Somerset, Chapter 171.

In addition to provisions of Town Law § 278, the provisions set forth in this chapter shall be followed in reviewing applications for cluster development. Whenever the provisions of this chapter are more restrictive than, or contain additional requirements to, § 278, the provisions of this chapter shall prevail.

A cluster residential 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 with the minimum lot size and density requirements of the Zoning Law of the Town of Somerset applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. 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 actual construction to take place in all or any portion of one or more such districts.

The Planning Board, as a condition of plat approval, shall establish such conditions on the ownership, use and maintenance of such open lands shown on the plat as it deems necessary to assure and preserve the natural and scenic qualities of such open lands, such as deed restrictions on development, conservation easements, or the like. The filed plat shall clearly indicate that no further development shall be permitted in the open lands.

The plat showing such cluster residential development shall depict the areas within which structures may be located with building footprints, 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.

At the time of submission of the sketch or concept plan, or in the event that the developer elects to submit a preliminary plan, at the same time of such submission, two plans shall be submitted, with one layout designating the layout of a standard subdivision in the underlying district and the second layout showing the proposed cluster residential development. Each lot in the standard subdivision layout shall meet the minimal lot size and lot width requirements of the Zoning Law of the Town of Somerset for the district in which the property is located. The standard subdivision layout shall be utilized by the Planning Board to determine the maximum density for the cluster residential development.

Areas which would not be available for construction on standard layout, in the judgment of the Planning Board, must be preserved as open space on the standard subdivision plan, including but not limited to:

In addition to the above, cluster residential developments shall meet the following criteria:

Applicants for cluster residential development approval are referred to the Rural Development Guidelines published by the Dutchess County Department of Planning and Development, dated October 1994, copies of which may be obtained from the Town of Somerset Town Clerk.