Pursuant to the resolution of the Town Board, the Planning Board is further empowered to modify to the extent provided within Chapter 143, Zoning, 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 beyond applicable zoning district requirements. The following shall be the standards and procedure utilized by the Planning Board in reviewing applications for approval of a open space density subdivision within the Town of Red Hook:
A.
Location. An open space density subdivision may only be created in
the RD3, RD5 or LD zoning districts.
B.
Minimum lot area. An open space density subdivision shall require
a minimum lot area of nine acres within the RD3 District and a minimum
lot area of 15 acres within the RD5 and LD districts. All lots created
within an open space 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 and authorized accessory structures
and uses per approved lot.
C.
Maximum number of lots. The maximum number of lots within an open
space density subdivision shall be eight.
D.
Conditions for waiver of road frontage requirements and authorization
of private roads. In an open space 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 designated
Town Engineer. Specifications for such private roads shall be adequate
to service the maximum number of lots that can be developed on such
roads, as provided on the plat and through the restrictions on future
subdivision. Unpaved private roads may be permitted, provided that
all other Town Street and Highway 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 the conservation
easements shall state that the private roads may not be deeded to
the Town unless the roads are improved in full accordance with the
Town Street and Highway Specifications as related to Town roads 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 subdivider.
(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.
