Pursuant to the resolution of the Town Board, the Planning Board
is further empowered to modify, to the extent provided within the
Zoning Law,[1] applicable provisions of said law for the purpose of encouraging
the preservation of large tracts of open space by affording flexibility
to landowners in road layout and design and road frontage requirements,
if and only if such landowners commit to the permanent preservation
of significant open space resources through a conservation easement
held by a local land trust and filed in the Office of the Dutchess
County Clerk.
The following shall be standards and procedures utilized by
the Planning Board in reviewing applications for approval of a conservation
density subdivision within the Town of Rhinebeck:
A.
Location. A conservation density subdivision may only be created
in the HP20, RA10, RL5 or RC5 Zoning District.
B.
Minimum lot area. A conservation density subdivision shall require
a minimum lot area of 60 acres within the HP20 District, a minimum
lot area of 30 acres within the RA10 District and a minimum lot area
of 15 acres within the RL5 or RC5 District. All lots created within
a conservation density subdivision shall be permanently restricted
by conservation easement from further subdivision and shall, by virtue
of the expressed language of said easement, be restricted to the development
of one single-family dwelling unit per approved lot.
C.
Maximum number of lots. The maximum number of lots within a conservation density subdivision shall be eight unless the more restrictive requirements of Subsection D(6) below apply.
D.
Conditions for waiver of road frontage requirements and authorization
of private roads. In a conservation density subdivision, the Planning
Board may waive the requirement for lot frontage on a public road
and may permit the construction of private roads to lesser specifications
than normally required for Town roads, provided that the following
conditions are met:
(1)
All road designs must be approved by the Planning Board and
the Town Engineer. Specifications for such roads shall be adequate
to service the maximum number of lots that can be developed on such
roads, as provided on the plat and in the restrictions on future subdivision.
Unpaved roads may be permitted, provided that all other Town specifications,
except those related to the pavement surface and pavement width, are
met.
(2)
A homeowners' association or other mechanism acceptable
to the Planning Board and the Town Attorney must be created to maintain
all private roads and must have adequate powers to collect funds needed
to assure road maintenance, including the ability to impose liens
against all lot owners. The adequacy of the homeowners' association
or other documents shall be reviewed and approved by the Town Attorney.
(3)
The homeowners' association or other documentation and
conservation easements shall state that the private roads may not
be deeded to the Town unless they are improved to Town specifications
at the sole cost of the lot owners, each sharing equally in the cost
of such upgrading of the road, which costs may be made a lien against
the property.
(4)
All reasonable engineering and legal costs for Town review of
the adequacy of the road designs, conservation easements and homeowners'
association or other documents shall be paid by the applicant for
a conservation density subdivision.
(5)
To the extent applicable, the requirements of § 352-e
of the General Business Law relating to the filing with the Attorney
General's office of common interests in real estate shall be
strictly adhered to by the subdivider.
(6)
To the extent which may be applicable, the requirements of Town
Law § 280-a providing for the declaration of an open development
area by the Town Board shall be satisfied.
