Pursuant to New York State Town Law § 278
and to foster the goals of trail creation and preservation, the Planning
Board may require the reservation of nonagricultural open space lands
for park purposes and it may require some or all of that land be designated
as pedestrian trails, in accordance with the following considerations:
A. To the extent it is consistent with proper overall
land use principles, existing trails shall be preserved in their natural
state within reserved areas in the proposed subdivision.
B. Where a subdivision layout cannot preserve existing
trails because of adherence to legitimate land use policies and principles,
the Planning Board may require relocation of trails within the proposed
reserved areas to maintain the necessary linkage to preserve the integrity
of the system. The position of any relocation shall be established
by the Planning Board and shall be performed in such a manner as to
minimize disturbance to natural features deemed sensitive
C. In order to provide notice to the public, all trails
shall be shown on the final map of the proposed subdivision. Existing
and relocated trails shall be distinguished on the map. Said trails
and all property rights, both private and public, relating to the
trails shall be delineated by declaration or other proper legal instrument
filed in connection with the subdivision. The resolution of conditional
final approval shall also delineate any conditions of approval relating
to trail preservation, use and maintenance.
D. All trails which are preserved as a condition of Planning
Board approval shall be improved in accordance with the Board's rules
and regulations relating to clearing and marking of trails.
E. All trails shall be buffered to the maximum extent
practicable from proposed development through location within proposed
reserved areas.
F. Except as provided herein, all trails subject to this policy statement shall be limited to recreational uses as outlined in Chapter
193, Parks and Recreation Areas, of the Town Code and shall not be utilized by motorized vehicles.
G. The Planning Board shall encourage applicants to grant
rights to the public to utilize trails preserved pursuant to this
section.
H. Dedication, access easements or covenants shall be
acceptable means of creating public rights to use the trail system.
I. Landowners' liability shall be governed by the applicable
New York State law.
J. Where the developer has granted rights to the public
to utilize trails within his control, the Town shall be responsible
for maintenance of the trails, absent an agreement with the developer
or a third party to the contrary.
K. Where rights have been granted to the Town in the
form of dedications, easements or covenants to utilize lands as trails
but trails were not required to be constructed by the applicant, future
trail construction shall be the responsibility of the Town. Cooperation
with owners of the property shall be encouraged.
The time limitations set forth in this chapter
and in New York State Town Law may be varied when required for the
purpose of complying with the provisions of SEQRA and its implementing
regulations.
The Planning Board shall have the authority
to modify or waive, subject to appropriate conditions, any provision
of these subdivision regulations, if in its judgment they are not
requisite in the interest of the public health, safety and general
welfare, except where such authority would be contrary to other ordinances
or state law.
These subdivision regulations shall take effect
immediately upon approval by the Town Board. However, any subdivision
which has received conditional approval of the preliminary plat by
the Planning Board prior to the approval or future modification of
these regulations may, at the discretion of the Planning Board, be
permitted to be completed under the provisions of the subdivision
regulations existing at the time of the approval.