Pursuant to the resolution of the Town Board, the Planning Board is further empowered to modify, to the extent provided within Chapter
210, Zoning, applicable provisions of said law for the purpose of encouraging the preservation of large tracts of open space by affording flexibility to the 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. The following shall be the standards and procedure utilized by the Planning Board in reviewing applications for approval of a conservation density subdivision within the Town of Union Vale.
A. Location. A conservation density subdivision may be
created in all residential zoning districts within the Town of Union
Vale.
B. Minimum lot area. Minimum lot area standards established within Chapter
210, Zoning, for a conservation density subdivision shall be strictly met. In addition, all lots created within a conservation density subdivision shall be permanently restricted by conservation easement or similar legal mechanism from future subdivision and shall, by virtue of the expressed language of said easement, be limited to the development of one single-family dwelling unit and permitted accessory structures and uses per approved lot.
[Amended 11-7-2002 by L.L. No. 7-2002]
C. 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 a plat and in the restrictions on future
subdivision. Unpaved roads may be permitted, provided that all other
Town 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 conservation easements shall state that the private roads may
not be deeded to the Town unless they are improved to Town highway
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-c
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 § 280-a of the Town Law providing for the declaration
of an open development area by the Town Board shall be satisfied.