Land Use & Zoning
In New York, a 'cluster development' or 'open space subdivision' is a land use technique that:
AGroups residential lots together on a portion of the site, preserving the remainder as open space, while maintaining the total number of units permitted under standard zoning✓ Correct
BClusters commercial uses at the center of a residential neighborhood
CRequires all buildings in a subdivision to be identical in design
DGroups units together to maximize density beyond what zoning allows
Explanation
Cluster development (authorized under New York Town Law section 278) groups dwelling units on a smaller portion of the site, preserving the remainder as permanent open space or common area. The total number of units is the same as would be permitted under conventional zoning.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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