In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article
VI herein.
If a homeowners' or condominium association
is proposed, the developer shall file a declaration of covenants and
restrictions that will govern the association, to be submitted with
the application for the preliminary approval. The provisions shall
include, but are not necessarily limited to, the following:
A. The homeowners' association must be established before
the homes are sold;
B. Membership must be mandatory for each homebuyer and
any successive buyer;
C. The open space restrictions must be permanent, not
just for a period of years;
D. The association must be responsible for liability
insurance, local taxes, and the maintenance of recreational and other
facilities;
E. Homeowners must pay their pro-rata share of the cost,
and the assessment levied by the association shall become a lien on
the property, and the master deed establishing the homeowners' association
shall provide that unpaid assessments will become a lien;
F. The association must be able to adjust the assessment
to meet changed needs; and
G. Evidence that the association has met New York State
Department of State requirements.