[Amended 11-19-1993 by L.L. No. 32-1993]
Where an applicant requests or the Planning Board requires the submission of an open space subdivision plat, the applicant shall prepare and submit a map or plat showing the proposed open space subdivision design together with a map or plat prepared for consideration as a standard subdivision and which conforms to all lot size and density requirements of Chapter 255, Zoning, of this Code and to all pertinent requirements of this chapter.
[Amended 11-19-1993 by L.L. No. 32-1993]
The Planning Board shall determine the total number of lots into which the applicant's property could be divided in a standard subdivision submitted in accordance with § 220-2.01 above. The number of lots so determined shall constitute the maximum number of lots or dwelling units which the Planning Board may approve in an open space subdivision approved pursuant to this Article or Chapter 193, Open Space Preservation, of this Code.
[Amended 11-19-1993 by L.L. No. 32-1993]
In reviewing an application for approval of an open space subdivision, or in deciding whether or not to require submission of an open space subdivision plat, the Planning Board shall be guided by the following criteria:
A. 
Approval of open space subdivision design. The Planning Board may require the submission of an open space subdivision plat and may approve such a plat when doing so would further any one or more of the following objectives:
(1) 
Achievement of one or more of the purposes set forth in Article I of Chapter 193, Open Space Preservation, of this Code.
(2) 
Achievement of an objective set forth in the Comprehensive Plan.
(3) 
Protection of one or more natural features, resources, systems or areas designated in Chapter 255, Zoning, Article IV, Protection of Natural Features, of this Code.
(4) 
Protection of prime agricultural soils as defined in § 193-1-30 of this Code or protection of agricultural lands within the Agricultural Overlay District established in Chapter 255, Zoning, Article III, of this Code.
(5) 
Avoidance of development in the Flood Hazard Overlay District established in Chapter 255, Zoning, Article III, of this Code.
(6) 
Protection of the water recharge qualities of lands located in the Water Recharge Overlay District established in Chapter 255, Zoning, Article III, of this Code.
(7) 
Protection of natural features, resources or systems as defined herein.
(8) 
Protection of cultural features as defined herein.
B. 
Rejection of open space subdivision design. The Planning Board may reject an application for approval of an open space subdivision plat when such plat does not adequately further one or more of the objectives set out in Subsection A above or does not conform to one or more of the following requirements:
(1) 
The plat must satisfy all requirements of Chapter 193, Open Space Preservation, of this Code.
(2) 
The plat must satisfy all requirements of this chapter, and in particular the general subdivision policies and requirements set forth in Article II hereof and the design standards set forth in Article III hereof.
(3) 
The yield proposed must not exceed that permitted by this chapter, Chapter 193, Open Space Preservation, or § 278 of the New York Town Law.
(4) 
The plat must adequately protect the site's natural resources, features or systems and must not be harmful to the purity or integrity of the town's groundwater and surface water resources.
(5) 
The arrangement of open space must be significantly beneficial to potential residents of the subdivision or to the public at large, and adequate legal safeguards must be provided to ensure the continuance and protection of the open space.
(6) 
The arrangement of lots must take into account the characteristics of existing land use on adjacent properties or the layout of approved maps or plans on such adjacent properties, in order to assure that development on the proposed plat will blend with adjacent land uses in a harmonious and environmentally sound way or that these adjacent land uses will be adequately buffered from development on the proposed plat.