To foster the goal of trail preservation, all
subdivision applications shall meet the following criteria:
A. All subdivision applications submitted shall delineate
all trails on the plat and within 200 feet of the boundaries of the
subject premises.
B. 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.
C. 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 sensitive natural features.
D. It is the policy of this Board to provide notice to
the public with regard to trails. All trails shall be indicated 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.
E. 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.
F. All trails shall be well buffered from proposed development
through location within proposed reserved areas.
G. Except as provided herein, all trails subject to this
policy statement shall be for passive recreational uses and shall
not be utilized by motorized vehicles.
H. The Planning Board shall encourage applicants to grant
rights to the public to utilize the trail system preserved pursuant
to this policy.
I. Dedication, access easements or covenants shall be
acceptable means of creating public rights to use the trail system.
J. Landowners' liability shall be governed by the applicable
law of the State of New York (e.g., see General Obligations Law, § 9-103).