[Amended 2-23-2005 by L.L. No. 3-2005; 7-28-2005 by L.L. No.
7-2005; 7-28-2005 by L.L. No. 9-2005; 7-28-2005 by L.L. No.
10-2005; 2-23-2009 by L.L. No. 1-2009]
A.
Purposes. Under this chapter, most of the developable
land in the Town of Goshen is located in the RU District. The Town
therefore has a vital interest in seeing that this land is either
protected from development or developed in a manner that is consistent
with the goals of the Comprehensive Plan. The purposes of this article
are to:
(1)
Offer a variety of options to landowners who wish
to develop tracts of land in the Town of Goshen;
(2)
Ensure that development projects do not damage the
quantity or quality of the Town's groundwater supplies, protect the
Town's environmental resources and scenic views, preserve significant
tracts of intact open space land, maintain the Town's predominantly
rural appearance, conform to the natural terrain to the greatest extent
practicable, and provide a range of housing options that meets the
need for affordable housing in the Town and region;
(3)
Encourage the creation of safe and sociable neighborhoods
in which alternatives to the automobile are viable means of transportation;
(4)
Maintain property values of land proposed for development
as well as existing homes adjoining such land;
(5)
Offer options for small-scale subdivision for landowners
who seek some financial return on their land but do not wish to sell
their land to developers for large-scale development;
(6)
Permit the adaptive reuse of existing structures,
and the construction of new structures compatible with the Town's
rural character and historic architecture, for small-scale business
purposes.
B.
Types of residential development permitted. In addition to planned adult community development (see § 97-18E below), there are three types of residential development permitted in the RU District: small-scale development, open space development, and conservation density development.
(1)
Small-scale development is any development of land
that results in the creation of no more than four new residential
lots (excluding the parent parcel from which they are subdivided)
covering a maximum of 25% of the area of a parcel. Small-scale development
includes the development of existing residential lots. This option
is designed to minimize the burden and cost of development for landowners
building on existing lots or creating only a small number of lots.
Ongoing studies of the groundwater resources in the Town indicate
that full-scale development of large parcels with small lot sizes
could have negative impacts on groundwater. However, small amounts
of such development on a portion of a larger parcel, if combined with
a Town program to preserve open space and reduce development in other
locations, may enable the Town to preserve its groundwater quality
while allowing some small lot development.
(2)
Open space development allows units to be located or clustered on those portions of a property most suitable for development, while leaving substantial portions as undeveloped open space. Open space developments are intended to offer the landowner great flexibility, and may include a variety of lot sizes, ranging from large farm or estate lots to small hamlet-size lots. Open space development results in the preservation of contiguous open space and important environmental resources. See § 97-20.
(3)
Conservation density developments are low-density subdivisions in which the average lot size is 20 acres or more. These help to preserve open space by keeping large amounts of land undeveloped. As an incentive to creating such subdivisions, Town road construction requirements and frontage requirements may be waived, as provided in § 97-22.
C.
Small-scale business uses. Residential structures
in existence as of June 10, 2004, may be used for business purposes
by special permit, if allowed by the Use Table,[1] provided that their exterior appearance is not significantly modified and that the business use does not occupy more than 5,000 square feet of floor area. New structures not exceeding 5,000 square feet in floor area may be built that comply with this section, provided that they maintain a residential appearance and that all parking areas are screened from view from adjoining properties and public roads. Any changes to an existing structure or construction of a new structure shall comply with the design guidelines referred to in § 97-5. The uses allowed by this Subsection C may only be permitted if they have frontage on and access to a state or county highway.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
D.
Environmental control formula. The environmental control
formula set forth below provides a method for determining minimum
lot sizes for individual lots that have on-site wells or on-lot sewage
disposal systems, regardless of any other provisions of this chapter.
The environmental control formula does not create a uniform minimum
lot size or determine the overall density of a development. Rather,
the purpose of the formula is to determine that each individual lot
has sufficient area to support an on-site well and sewage disposal
system.
(1)
The basis of the environmental control formula is the classification of soil types into 15 soil groups. Each soil group has been assigned an environmental factor related to its ability to support sewage disposal systems. (See the following Soils Table.) These factors are applied to site acreage in each soil group to determine the minimum permitted lot sizes as set forth in Subsection D(2).
|
Soils Table
| |||
|---|---|---|---|
|
Group No.
|
Soil Type
|
Environmental Factor
| |
|
I
|
CnA, CnB, CnC, HoA, HoB, HoC, OkA, OkB, OtB,
OtC, RhA, RhB, RhC
|
2.0
| |
|
II
|
AdA, AdB, UnB, UnC
|
1.35
| |
|
III
|
ChB, ChC, PtB, PtC
|
1.0
| |
|
IV
|
CgA, CgB, MdB, MdC, SwB, SwC, WuB, WuC
|
0.71
| |
|
V
|
CoB, ScA, ScB
|
0.67
| |
|
VI
|
ANC, BnB, BnC, CLC, SXC
|
0.67
| |
|
VII
|
ErA, ErB, ESB, Fd, Ra, RbA, RbB
|
0.33
| |
|
VIII
|
ESB, FAC, HLC, LdB, LdC, RKC, RMC, ROC, RSB
|
0.33
| |
|
IX
|
Ab, AC, Ca, Ha, Ma, Sb,
|
0.17
| |
|
X
|
ANF, Be, My, Tg, UF, Wa, Wd
|
0.1
| |
|
XI
|
CoC, UnC
|
0.17
| |
|
XII
|
AND, CLD, HLD, HoD, MdD, NaD, OtD, PtD, RhD,
RKD, RMD, ROD, RSD, SwD, SXD
|
0.33
| |
|
XIII
|
ANF, CLD, CoD, MNE, OVE, RKF, ROF, RSF, SXF
|
0.17
| |
|
XIV
|
Cd, Ce, Pa
|
0.1
| |
|
XV
|
HH
|
0.1
| |
|
*NOTE:
| |
|---|---|
[2]
Editor's Note: Said Table of Soil Groups was
adopted in 1974 as part of former Ch. 83, Subdivision of Land, which
was repealed 2-23-2009 by L.L. No. 1-2009.
(2)
Calculation of minimum permitted lot size. Each proposed
lot within a subdivision must have sufficient area to support an on-site
well and sewage disposal system. To determine whether a proposed lot
has sufficient area, use the following formula:
|
Column 1
|
Column 2
|
Column 3
|
|---|---|---|
|
Acres in each soil group x Environmental factor
= Portion of lot supported by soil
| ||
(a)
The portion of each lot supported by each soil
group shall be separately computed according to the formula above
and the Column 3 numbers shall then be totaled. The total value in
Column 3 from all soil groups on a lot must equal 1.0 or greater for
the lot to meet minimum size requirements.
(b)
Environmental factors from all soil groups present
at the site shall be used to determine minimum lot size, although
septic systems may not be permitted on certain soil groups.
(c)
A minimum area of 5,000 square feet in a soil
group or groups on which septic systems are permitted shall be required
when determining minimum permitted lot size.
(3)
Waiver of environmental control formula. The Planning
Board may waive the environmental control formula for subdivisions
within the RU District, provided that the applicant demonstrates through
site-specific soils and other testing and analysis to the satisfaction
of the Planning Board and its engineering consultants that the lots
are appropriately sized and designed to accommodate the individual
and/or shared septic and water systems proposed.
E.
Planned adult communities (PACs) may be permitted in the RU District by special permit from the Town Board, provided that the criteria under § 97-15P(1) through (8) are satisfied.[3]
[Amended 7-23-2009 by L.L. No. 4-2009]
[3]
Editor’s Note: Former Subsection F, regarding residential
affordable housing developments of 10 or more, which immediately followed,
was repealed 10-11-2018 by L.L. No. 3-2018.
A.
Small-scale development is any development of land
that results in the creation of no more than four new residential
lots (excluding the parent parcel from which they are subdivided).
(1)
For parcels that are greater than 32 acres, the four new lots shall consume no more than covering a maximum of 25% of the land area of a parcel. Minimum lot sizes shall be established pursuant to Subsection C below.
(2)
For parcels of 32 acres or less, the four new lots may consume more than 25% of the land area of a parcel. The minimum lot size for such new lot shall be at least three acres in the AQ-3 District and six acres in the AQ-6 District, unless the applicant performs well tests that demonstrate to the satisfaction of the Planning Board, in consultation with the Town Engineer or hydrologist, that smaller lots will not adversely affect water supply on the lots or in the surrounding area. In such a case, the new lots shall comply with Subsection C below.
C.
The dimensional regulations for small-scale development are based upon the Aquifer Overlay District Map, subject to the environmental control formula in § 97-18D, which may dictate a larger lot size than shown in the dimensional table below:
|
Small-Scale Development Dimensional Table
| ||||
|---|---|---|---|---|
|
District
| ||||
|
AQ-3
|
AQ-6
| |||
|
Minimum lot size
|
1.5 acres
|
2 acres
| ||
|
Minimum road frontage
| ||||
|
Town road
|
150 feet
|
200 feet
| ||
|
County/State road
|
150 feet
|
200 feet
| ||
|
Minimum front yard setback
| ||||
|
Town road
|
30 feet
|
30 feet
| ||
|
County/State road
|
50 feet
|
50 feet
| ||
|
Minimum side yard setback
|
20 feet
|
30 feet
| ||
|
Minimum rear yard setback
|
30 feet
|
50 feet
| ||
|
Maximum impervious surface coverage
|
15%
|
10%
| ||
|
Maximum height
|
35 feet
|
35 feet
| ||
D.
If more than four residential lots are proposed for subdivision from the parent parcel at any time, the application for a fifth subdivided lot shall be treated as an application for open space development and shall be reviewed under the provisions of § 97-20. Such application shall take account the four lots previously subdivided as if they were part of the new application. The Planning Board may require substantially larger lots on the remainder of the parcel unless the applicant demonstrates, and the Planning Board finds, that such larger lot sizes are not necessary to protect the groundwater resources in the watershed where the parcel is located. Such larger lot sizes shall be as large as necessary to meet the requirements for zoning density in effect at the time of subdivision for protection of groundwater.
E.
Small-scale development may also take the form of
open space development or conservation density development at the
landowner's option.
F.
Small-scale development may involve the use of rear
lots, which are lots where most of the land is set back from the road
and access is gained through a narrow access strip. Where carefully
planned, such lots can enable landowners to develop interior portions
of parcels at low density and low cost, preserving roadside open space,
and avoiding the construction of expensive new Town roads. The RU
District is hereby declared an open development area under § 280-a,
Subdivision 4, of the Town Law. Building permits may be issued for
structures on lots that have no public or private road frontage and
gain access by right-of-way easement over other lands, under the conditions
contained in this section. Rear lots with or without access strips
running to public or private roads may be created where they will
not endanger public health and safety and will help preserve natural,
historic, and scenic resources. The following requirements apply to
rear lots:
(1)
Each rear lot shall have either a minimum frontage
of 25 feet on an improved public or private road and an access strip
as defined in this chapter, or a deeded right-of-way easement over
other lands providing legally adequate and physically practical access
to a public or private road.
(2)
Minimum lot sizes for rear lots shall be three times the size required in Subsection C above. The area of the access strip shall not be counted in the calculation of minimum lot size.
(3)
Except as indicated in Subsection F(2) above, rear lots shall meet all other requirements for a small-scale lot in the applicable AQ District. Minimum lot width shall be the same dimension as the minimum required road frontage. The minimum setbacks shall be 30 feet on all sides.
(4)
There shall be no more than four adjoining lots or access strips. Subdivisions of five or more rear lots shall satisfy the requirements for conservation density subdivisions in § 97-22.
(5)
All rear lots shall have safe access for fire, police,
and emergency vehicles.
(6)
The proposed rear lots shall not result in degradation
of important natural resource and landscape features, including but
not limited to ponds, streams, steep slopes, ridgelines, and wetlands.
Open space developments allow design flexibility
while preserving important natural attributes of the land.
A.
Density calculation. The maximum allowable density (i.e., the maximum number of dwelling units) in an open space development is described below. However, this density cannot under any circumstances exceed the density parameters of the Aquifer Overlay District described in § 97-27. The maximum density permissible in an open space development is therefore the lesser of the density allowed by § 97-27 or the density allowed by the following formula based upon the acreage of "constrained" and "unconstrained" land on the property. An example of how this density might be calculated on a sample parcel is noted in Appendix A.[1] However, to the extent that the Appendix A example conflicts
with this Section, the provisions of this Section control.
(1)
To determine unconstrained acreage, subtract from the total (gross) acreage of the proposed development parcel the acreage of constrained land as defined in § 97-84. Fractional units of acreage 0.5 or less shall be rounded down and fractional units of acreage greater than 0.5 shall be rounded up.
(2)
The "base" number of allowable residential units on the site is 33% of the number of unconstrained acres on the property in the AQ-6 Overlay District. The "base" number of allowable residential units on the site is 50% of the number of unconstrained acres on the property in the AQ-3 Overlay District. This is the base number of units that can be built on the property (if allowed by § 97-27).
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Conservation analysis.
(1)
As part of any sketch plan submission for an open
space development, an applicant shall prepare a conservation analysis,
consisting of inventory maps, description of the land, and an analysis
of the conservation value of various site features. The conservation
analysis shall show lands with conservation value on the parcel and
within 300 feet of the boundaries of the parcel, including but not
limited to the following:
(b)
Farmland, trail corridors, scenic viewsheds,
public water supply wellheads, park and recreation land, unfragmented
forest land, and historic and archaeological sites identified in the
Town's Open Space and Farmland Protection Plan.
(d)
Stone walls and trees 12 inches dbh or larger.
(e)
Other land exhibiting present or potential future
recreational, historic, ecological, agricultural, water resource,
scenic or other natural resource value, as determined by the Planning
Board.
(2)
The conservation analysis shall describe the importance and the current and potential conservation value of all land on the site identified in Subsection B(1) above. In the course of its initial sketch plan review, the Planning Board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.
(3)
The outcome of the conservation analysis and the Planning
Board's determination shall be incorporated into the approved sketch
plan showing land to be permanently preserved by a conservation easement,
as well as recommended conservation uses, ownership, and management
guidelines for such land. The sketch plan shall also show preferred
locations for more dense development as well as acceptable locations
for less dense development.
(4)
The final determination as to which land has the most
conservation value and should be protected from development by conservation
easement shall be made by the Planning Board, which shall make written
findings supporting its decision (the "conservation findings"). The
Planning Board shall deny an application that does not include a complete
conservation analysis sufficient for the Board to make its conservation
findings.
(5)
The sketch plan shall show that at least 50% of the
total acreage will be preserved by conservation easement, based upon
the conservation findings.
C.
Road and lot configuration and frontage.
(1)
Roads shall be designed based upon the conservation
analysis to maximize preservation of important natural features on
the property, including but not limited to watercourses, wetlands,
large trees, scenic views, agricultural fields, and stone walls. Roads
shall follow the contour of the land and minimize cutting and filling.
(2)
Road access to lots shall be from interior roads rather than existing public roads to the extent practical. The minimum road frontage for lots on existing roads shall be 300 feet, unless the Planning Board determines that due to topographic conditions a lesser frontage is appropriate. The average road frontage per lot on new interior roads shall be a minimum of 70 feet, and the minimum individual lot frontage shall be 50 feet, except for rear lots that comply with § 97-19F. Applicants may be granted waivers from the road width requirements in the subdivision regulations for open space developments with 20 or fewer lots.
(3)
Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian and bicycle circulation. The lot layout shall generally follow applicable portions of the Rural Design Guidelines and Hamlet Design Guidelines referred to in § 97-5, adapted as necessary to conform to the requirements of this chapter. Requirements of the subdivision regulations concerning the shape or geometry of lots may be waived by the Planning Board as necessary to comply with this subsection.
D.
Types of residential development. The allowable residential
units may be developed as single-family, two-family, or multifamily
residences, provided that applicable site plan requirements are satisfied.
The subdivision and site plan reviews shall occur concurrently in
one proceeding to the extent practical.
E.
Dimensional regulations.
(1)
Minimum lot sizes. The minimum lot size shall be one acre for lots with individual wells and septic systems, subject to the environmental control formula in § 97-18D which may result in a larger lot size. Constrained land may be included in individual lots and counted toward lot area, provided that it is protected from development. For lots that are connected to public sewer and public water, there shall be no minimum lot size. For lots that have either public water or public sewer (but not both), the minimum lot size shall be established by the Planning Board based upon site-specific soil and hydrological conditions.
(2)
Setbacks. Appropriate minimum setbacks in an open
space development depend upon the lot sizes, the type of road frontage
(state, county, Town or private) and the character of the subdivision
(hamlet, suburban, or rural). Accordingly, setback (or build-to line)
requirements shall be established at the time of plat approval and
shall be shown in a chart on the plat.
F.
Impervious surface coverage. The amount of pavement and building coverage is a major factor in determining the impact of a development. Therefore, limiting impervious surface coverage (including all roofed areas and areas covered with impervious pavement) is critical in maintaining environmental integrity. The maximum impervious surface coverage in an open space development shall be 10%. This applies to the entire area to be developed, including open space areas. Individual lots may have higher coverage, as long as the total impervious surface coverage for the development is within the limits prescribed. Open space subdivision plats shall show the impervious surface coverage limit for each building lot on a table in order to establish compliance with this Subsection F. Such plats may limit impervious surfaces, other than driveways, to specified building envelopes shown on the plat.
G.
Minimum preserved open space. Since one of the major purposes of an open space development is to preserve open space, all open space development shall preserve at least 50% of the land, based upon the conservation findings. The requirements for preserving such open space are described in § 97-21 below. Preserved open space may be contained in a separate open space lot or may be included as a portion of one or more lots, provided that its ownership is not fragmented in a manner that compromises its conservation value. Such open space may be owned by a homeowners' association, private landowner(s), a nonprofit organization, or the Town or another governmental entity, as provided in § 97-21, as long as it is protected from development by a conservation easement. The required open space land may not include private yards within 50 feet of a principal structure.
H.
Partial open space subdivision. Open space development does not require planning for development of an entire large parcel of land. In order to encourage small subdivisions to follow open space development principles, there is no minimum tract size or number of lots required for an open space development. Even a single lot can be an open space development if the density and preservation requirements in Subsections A and G are satisfied.
I.
Accessory uses. Residential and nonresidential accessory
uses may be combined in an open space development, provided that the
applicant complies with all residential density, impervious surface,
and open space requirements. Permitted nonresidential uses that may
be included in an open space development include:
(1)
Common buildings for dining, recreation, and for entertaining
and lodging guests of the residents.
(2)
Child-care facilities for residents of the development
as well as those outside the development.
(3)
Office space for use by administrators of the development as well as for use by residents of the development in the conduct of their business, provided that such offices comply with the rules applicable to home occupations in § 97-51B(2).
(4)
Storage facilities, which may be used as needed for the needs of the development and its residents. If such facilities are used for business purposes, they shall comply with the rules applicable to home occupations in § 97-51B(2).
(5)
Recreational facilities for use by residents and their
guests.
Open space set aside in a development shall
be permanently preserved as required by this section. Land set aside
as permanent open space may be a separate tax parcel if such parcel
is accepted for dedication by the Town or is conditioned to be held
by a land trust or other entity deemed appropriate by the Town Board.
Such land may be included as a portion of one or more large parcels
on which dwellings and other structures are permitted, provided that
a conservation easement is placed on such land pursuant to Subsection
C below, and provided that the Planning Board approves such configuration
of the open space as part of its approval. Any development permitted
in connection with the setting aside of open space land shall not
compromise the conservation value of such open space land.
A.
Conservation value of open space. To be eligible for open space protection pursuant to this § 97-21, it shall have recognized conservation value.
B.
Notations on plat. Preserved open space land shall
be clearly delineated and labeled on the final subdivision plat or
site plan as to its use, ownership, management, method of preservation
and the rights, if any, of the owners of other lots in the subdivision
to such land. The plat or site plan shall clearly show that the open
space land is permanently reserved for open space purposes and shall
contain a note referencing deed recording information of any conservation
easements required to be filed to implement such restrictions.
C.
Permanent preservation by conservation easement.
(1)
A perpetual conservation easement restricting development
of the open space land and allowing use only for agriculture, forestry,
recreation, protection of natural resources, or similar conservation
purposes, pursuant to § 247 of the General Municipal Law
and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law, shall be granted to the Town, with the approval
of the Town Board, or to a qualified not-for-profit conservation organization
acceptable to the Planning Board. Such conservation easement shall
be approved by the Planning Board and shall be required as a condition
of subdivision plat approval. The Planning Board may require that
the conservation easement be enforceable by the Town if the Town is
not the holder of the conservation easement. The conservation easement
shall be recorded in the County Clerk's office prior to or simultaneously
with the filing of the final subdivision plat in the County Clerk's
office.
(2)
The conservation easement shall prohibit residential,
industrial, or commercial use of open space land (except in connection
with agriculture, forestry, and recreation) and shall not be amendable
to permit such use. Access roads, driveways, local utility distribution
lines, trails, wells, septic systems and other subsurface sewage treatment
facilities, temporary structures for outdoor recreation, and agricultural
structures shall be permitted on preserved open space land, provided
that they do not impair the conservation value of the land. Dwellings
may be constructed on portions of parcels that include preserved open
space land, but not within the area protected by the conservation
easement.
D.
Ownership of open space land.
(1)
Open space land may be owned in common by a homeowners'
association (HOA), dedicated to Town, county, or state government,
transferred to a nonprofit organization acceptable to the Planning
Board, held in private ownership, or held in such other form of ownership
as the Planning Board finds adequate to properly manage the open space
land and to protect its conservation value. The ownership entity and
structure shall be selected based upon the conservation analysis and
management objectives established by the Planning Board for the protected
open space.
(2)
If the land is owned in common by an HOA, such HOA
shall be established in accordance with the following:
(a)
The HOA shall be set up before the final subdivision
plat is approved and shall comply with all applicable provisions of
the General Business Law.
(b)
Membership shall be mandatory for each lot owner,
who shall be required by recorded covenants and restrictions to pay
fees to the HOA for taxes, insurance, and maintenance of common open
space, private roads, and other common facilities.
(c)
The open space restrictions shall be in perpetuity.
(d)
The HOA shall be responsible for liability insurance,
property taxes, and the maintenance of recreational and other facilities
and private roads.
(e)
Property owners shall pay their pro rata share of the costs in Subsection D(2)(d) above, and the assessment levied by the HOA shall be able to become a lien on the property.
(f)
The HOA shall be able to adjust the assessment
to meet changed needs.
(g)
The applicant shall make a conditional offer
of dedication to the Town, binding upon the HOA, for all open space
to be conveyed to the HOA. Such offer may be accepted by the Town,
at the discretion of the Town Board, upon the failure of the HOA to
take title to the open space from the applicant or other current owner,
upon dissolution of the association at any future time, or upon failure
of the HOA to fulfill its maintenance obligations hereunder or to
pay its real property taxes.
(h)
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against individual owners
in the HOA and the dwelling units they each own.
E.
Maintenance standards.
(1)
Ongoing maintenance standards shall be established,
enforceable by the Town against an owner of open space land as a condition
of subdivision approval, to ensure that the open space land is not
used for storage or dumping of refuse, junk or other offensive or
hazardous materials.
(2)
If the Town Board finds that the provisions of Subsection E(1) above are being violated such that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development and shall, if unpaid, become a tax lien on such property or properties.
Within the RU District, the Town encourages
the preservation of large tracts of open space by affording flexibility
to landowners in road layout and design (including the use of unpaved
private roads) and road frontage requirements, provided that such
landowners permanently preserve significant open space resources.
The following standards shall be applied by the Planning Board in
reviewing applications for a conservation density subdivision.
A.
Road frontage and construction requirements. There shall be no minimum road frontage requirements in a conservation density development. Otherwise applicable road construction requirements may be modified by the Planning Board pursuant to § 97-22B, provided that all of the following requirements are met:
(1)
The average lot size in the proposed subdivision is
at least 20 acres.
(2)
A perpetual conservation easement is placed on the land to be subdivided, to maintain its natural and scenic qualities, to restrict building to those locations deemed by the Planning Board not to be environmentally or visually sensitive, and to ensure that the land will not be subdivided to a density higher than one residence per 20 acres. The Planning Board may require a conservation analysis as provided for in § 97-20B in order to determine the content of such conservation easement. The Planning Board may require that the conservation easement and the plat contain "building envelopes" indicating acceptable locations for building on each lot.
(3)
Adequate access to all parcels by fire trucks, ambulances,
police cars and other emergency vehicles can be ensured by private
roads and/or common driveways. Private roads serving more than four
lots shall comply with applicable private road standards in the Town's
highway specifications.
B.
Private road requirements. The Planning Board may
approve unpaved private roads to provide access to lots in a conservation
density development, provided that the Planning Board finds that the
proposed subdivision will protect the rural, scenic, and natural character
of the Town.
(1)
The maximum number of lots gaining access through
any portion of a private road shall be 12.
(2)
Written approval from the Town Superintendent of Highways
and the Town's Engineer shall be secured before approval of any private
roads.
(3)
A homeowners' association (HOA) shall be created to own and provide for the perpetual care and maintenance of the private road. Such HOA shall meet all requirements for an open space HOA set forth in § 97-21D(2) above. The HOA shall have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The HOA shall contract with a qualified road contractor to ensure that the road will always be maintained and kept open to permit emergency vehicle access. In the event that a private road contractor does not properly maintain the road, the Town of Goshen may assume maintenance responsibilities and charge the HOA for all reasonable costs thereof. Such costs, if unpaid for more than 60 days, shall, along with attorneys' fees for their collection, become a lien on the property and be enforceable in the same manner as a property tax lien. The Planning Board shall have discretion to determine whether the applicant should be required to establish a maintenance fund at the time of approval and, if so, how much of a deposit should be required. The Planning Board shall also have discretion to determine whether a performance bond shall be posted by the applicant to ensure the proper completion of the private road and, if so, how much the performance bond shall be and what form it shall take.
(4)
The HOA shall provide, at regular intervals determined
by the Planning Board (not to exceed five years), a written certification
from a licensed professional engineer that the physical integrity
of the private road is adequate to meet its present needs and the
needs which can reasonably be anticipated in the future.
(5)
The private road may never be offered for dedication
to the Town of Goshen unless it conforms to Town highway specifications
for rural streets in effect on the date of the offer of dedication.
However, the Town Board shall be under no obligation to accept such
an offer of dedication, even if the road conforms to Town highway
specifications. In the event such dedication becomes necessary to
ensure public safety, the cost of bringing the road up to Town highway
specifications shall be borne by the HOA.
(6)
The lots in the conservation density subdivision shall be restricted by conservation easement so that they may never be subdivided beyond the number of lots permitted in Subsection A, regardless of whether the private road remains a private road.
(7)
The subdivision plat shall show the road clearly labeled
"Private Road."
[1]
Editor’s Note: Former § 97-24, Mandatory affordable
housing, was repealed 10-11-2018 by L.L. No. 3-2018.
