The purpose of this article is to encourage flexibility in the design and development of land in order to preserve valuable open space, scenic qualities, environmentally sensitive features and sites of historical significance, and to facilitate the economical construction and maintenance of roads and other improvements.
A. 
The Planning Board may require a conservation subdivision design in order to protect and preserve valuable natural and cultural features of the site and/or to avoid developing on environmentally sensitive areas or adversely impacting neighboring properties, including but not limited to the following circumstances:
(1) 
Significant wildlife or plant habitat exists on the site;
(2) 
Substantial portions of the site area are characterized by wetlands, steep slopes, or soils with severe limitations for buildings or on-site septic absorption fields;
(3) 
Streams would be crossed by development of the entire site;
(4) 
Scenic views would be adversely impacted by a conventional subdivision design;
(5) 
The site is adjacent to, or contains, buildings, structures or lands of historical significance;
(6) 
An existing, planned or potential walking trail or trails exist on the site; or
(7) 
An open space buffer would improve compatibility with neighboring properties.
B. 
Lots and lot dimensions may be smaller than otherwise permitted by the minimum lot size and dimension requirements of the Town of Inlet Zoning Code,[1] provided that the provisions of this article are satisfied.
[1]
Editor's Note: See Ch. 160, Zoning.
C. 
The total number of housing units on the site shall not exceed that which is allowable by the Adirondack Park Agency Act[2] and any amendments thereto, or which would otherwise be allowed by the Town of Inlet Zoning Code for a conventional subdivision design on the same parcel of land.
[2]
Editor's Note: See the New York State Executive Law, Art. 27.
D. 
Review and approval of a conservation subdivision that is also a planned district pursuant to the Town of Inlet Zoning Code shall be undertaken by the Planning Board concurrent with their review of the Planned District.
E. 
All provisions of New York State Town Law § 278 shall apply.
A. 
All lots and/or structures shall front on and have access to an internal road or drive constructed to serve the conservation subdivision development, or upon a road or drive constructed to serve a previously approved conservation subdivision. No individual lot or dwelling unit shall have direct access upon an existing public road not constructed to serve an approved conservation subdivision.
B. 
All structures within a conservation subdivision shall be set back a minimum of 100 feet from any state or county highway. Said setback area shall be maintained as a vegetated buffer. Existing vegetation shall be retained to the extent practicable in order to screen the development from view of the public road.
C. 
A conservation subdivision shall have a minimum frontage of 50 feet upon an existing public road.
D. 
For shoreline parcels to be subdivided, the number of principal buildings proposed to front on the shoreline shall not exceed the number which otherwise could front upon such shoreline in a conventional subdivision layout designed in compliance with the minimum shoreline lot width requirements of the Town of Inlet Zoning Code[1] and the Adirondack Park Agency Act.[2]
[1]
Editor's Note: See Ch. 160, Zoning.
[2]
Editor's Note: See the New York State Executive Law, Art. 27.
A. 
Ownership. The type of ownership of the land set aside for open space shall be selected by the subdivider subject to the approval of the Planning Board. An acceptable type of ownership may include, but is not limited to, the following:
(1) 
Private ownership.
(2) 
Land preservation or conservation organizations or trusts.
(3) 
Public agencies or governmental bodies.
(4) 
The Town, subject to acceptance by the Town Board.
(5) 
Homeowners' association with the following requirements:
(a) 
The homeowners' association must be established prior to the conveyance of any lot or parcel within the proposed subdivision.
(b) 
Membership must be mandatory for each lot owner, and each lot owner must have an equal voting right within the association.
(c) 
The association organizational documents must be submitted to, and approved by, the Planning Board and/or its attorney, as part of the subdivision approval process and must also be approved by the Office of the Attorney General of New York State, if required by applicable laws, rules or regulations.
(d) 
An estimate of the association annual budget must take into account insurance, property taxes, and maintenance of the open space areas as well as other shared common areas or facilities such as access roads, recreational areas, and common water supply and septic system facilities.
(e) 
The association must be able to adjust the homeowners' fees or assessments on an annual basis and be able to collect and enforce the payment of annual fees or assessments.
(f) 
The association cannot be dissolved without a vote of the association membership and without the conveyance of the open space and common facilities to an entity acceptable by the Planning Board.
B. 
Deed restrictions. Any lands set aside for open space purposes shall contain appropriate easements, deed covenants, conditions and restrictions approved by the Planning Board and/or the Town Attorney ensuring that:
(1) 
The open space area or areas will not be further subdivided in the future.
(2) 
Appropriate provisions are made for the continual maintenance of the open space.
(3) 
The covenants and restrictions are enforceable by the Town.
In its approval of site plans for a conservation subdivision, the Planning Board shall maintain accurate records and maps showing the location of permanent open spaces. No further development upon the designated open spaces shall be permitted.