[Added 4-5-1990 by L.L. No. 3-1990[1]]
[1]
Editor's Note: This local law also provided for the redesignation of original Arts. VII through IX of this chapter as Arts. VIII through X.
[Amended 11-7-2002 by L.L. No. 7-2002; 1-18-2023 by L.L. No. 1-2023[1]]
Pursuant to § 210-32, 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 for all major subdivisions, and when voluntarily applied by the applicant or required by the Planning Board for minor subdivisions. 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 zoning districts within the Town of Union Vale.
B. 
Minimum lot area. Minimum lot area standards established within § 210-32, Zoning, for a conservation subdivision shall be strictly met. In addition, all open space within a conservation 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 or other restriction not be further developed unless such structures are specifically related to the open space needs.
C. 
Conditions for waiver of road frontage requirements and authorization of private roads. In a conservation subdivision, the Planning Board may waive the requirement for lot frontage on a public road. The following conditions shall be met however:
(1) 
The geometry and construction of any private road shall comply with all other Town Highway and road standards. 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.
(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 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.
[1]
Editor's Note: This local law also changed the article title from "Conservation Density Subdivision" to "Conservation Subdivision."