The design standards of this article shall be incorporated in all proposed
plans.
Land shall be suited to the purposes for which it is to be subdivided.
In addition to other conditions imposed by the Board to ensure that the unique
physiographic features of a site are taken into account in development, the
following provisions shall guide the Planning Board in its review:
A.
Subdivisions laid out on land subject to periodic flooding shall not be approved unless adequate safeguards against such hazard are provided by the plan, including such improvements and design features as are necessary to comply with the requirements in Chapter 87 of the Town of Farmington Town Code, entitled "Flood Damage Prevention," (also known as Local Law No. 2 of 1987, as may be amended from time to time).
B.
Subdivisions of land characterized by steep slopes, rock
formations or other such features shall be approved only if problems related
to street grades and cross-sections, water supply, sewer lines and stormwater
runoff have been found by the Planning Board to have been resolved adequately
in the plan.
C.
Subdivisions of land characterized by existing streams,
trees and other natural features which are found by the Planning Board to
contribute significantly to the aesthetic appeal of a particular area shall
only by approved if the Board finds these features to have been preserved
in the plan to the maximum extent practicable.
D.
Subdividers of land shown on the Town Official Zoning
Map as being within a mapped Environmental Protection Overlay District or
subdivisions of land otherwise deemed by the Planning Board to be appropriate
for preservation of open space are required to submit at least one plan reflecting
modification of those particular zoning law provisions which impede the preservation
of the natural and scenic qualities of land and its most appropriate use.
Wherever practical, natural features of the property being subdivided
shall be preserved.
A.
The subdivision must be designed to preserve natural
features and the existing vegetation shall be preserved by the subdivider
during development to the fullest extent possible. Special precaution shall
be taken to protect existing trees and shrubbery during the process of grading
the lots and roads. Where any land other than that included in public rights-of-way
is to be reserved for public or common use, the developer shall only remove
such trees and other vegetation from the land so reserved as are specifically
designated for removal on the plan approved by the Planning Board.
B.
Where a subdivision is traversed by natural surface water,
the boundaries and alignment of the body of water shall be preserved unless
the Planning Board finds that a change would enhance the subdivision development
and be ecologically sound.
C.
Every effort shall be taken by the subdivider in designing
a project to preserve unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts and desirable natural contours.
D.
The subdivision design shall encourage the continuation
of agricultural practices, consider the effect the proposed development will
likely have on agricultural practices continuing on the balance of the site
and/or surrounding parcels, and shall consider the effects such design shall
have on minimizing the impedance of such practices.
A.
Lot sizes and dimensions shall not be less than those specified in Chapter 165, Zoning, of the Code of the Town of Farmington unless the provisions thereof are to be modified by the Planning Board pursuant to Town Law § 278, as amended.
B.
Lot sizes and dimensions in excess of the minimum standards of Chapter 165, Zoning, shall be required by the Planning Board should the Board find that the size and dimensions of lots as proposed endanger the health, safety or welfare of the community or the environment.
C.
Where sanitary sewage disposal is to be provided by individual facilities and evidence indicates that the minimum requirements of Chapter 165, Zoning, with respect to lot width and size may not be adequate for such provision, the Planning Board may require that tests to determine adequacy, in accordance with the rules and regulations of the State Department of Health, entitled "Sewers." Such tests shall be conducted at the expense of the developer to determine the adequacy of the proposed lot size considering the existing grade and soil conditions. In all such cases where the tests indicate a larger lot size to be necessary, the Board may employ the services of a registered and qualified independent sanitary engineer for advice as to the minimum lot size and/or facilities necessary to prevent unsanitary conditions and hazards to the public health. In such cases, the cost of retaining these services of a qualified engineer shall be borne by the developer.
D.
All lots shall share a common boundary with either a
public road or a private road that shall be maintained by a homeowner's association
or legal equivalent association reviewed by the Planning Board and approved
by the New York State Attorney General.
E.
Residential lots greater than two acres shall not have lot depths greater than 2 1/2 times the lot width except as may be specified in Chapter 165, Zoning, of the Code of the Town of Farmington.
F.
Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and unloading, or such other use as is proposed, consistent with the provisions of Chapter 165, Zoning.
G.
Side lot lines shall be substantially perpendicular to
street lines.
H.
If remnants of land exist after subdividing, they shall
be incorporated into existing or proposed lots or, if acceptable to the Town,
proposed for dedication to the Town for public use.
I.
Double frontage lots are prohibited, except where employed
to prevent vehicular access to major traffic streets or where otherwise required
by unusual topographic conditions.
J.
No division of land shall result in any parcel becoming
landlocked or inhibit access to the remainder of the site by agricultural
equipment used in conducting normal agricultural operations.
K.
All lots to be located at intersections that are to be
dedicated shall provide for conduit underneath the public right-of-way to
facilitate future utility extensions.
A.
Street dimensions and design standards shall be in accordance
with the standards and specifications which are described in Town Code entitled
"Road Specifications," and which are incorporated herein by reference. The
Planning Board may approve private roads which do not conform to those specifications
only if they are not intended for dedication to the Town and only when the
Board finds that the health, safety, and welfare of the public using such
roads and of the general populace will not be endangered by nonconforming
aspects of the design.
B.
The location of all major streets in the proposed subdivision
shall conform in general alignment to the Comprehensive Plan and/or the Routes
96 and 332 Corridor Development Plan Official Map.
C.
Minor streets shall be laid out to discourage through
traffic, although provisions for street connections into and from adjacent
areas will generally be required.
D.
Proposed street layouts shall generally provide for the
continuation or projection of existing streets in the surrounding area and
for access to adjoining properties unless the Planning Board finds such extension
undesirable for specific reasons of topography or design.
E.
Adequate street rights-of-way providing future points
of access shall be provided as necessary where lots in the proposal are large
enough to permit resubdivision or if a portion of the tract is not subdivided.
F.
Streets shall be so related to the topography as to produce
usable lots and reasonable grades.
G.
Where a subdivision abuts or contains an existing or
proposed major traffic street, the Planning Board may require marginal access
streets, rear service alleys, reverse frontage lots or such other design elements
as will provide protection for abutting properties, reduction in the number
of intersections with the major street and separation of local and through
traffic.
H.
New half or partial streets will not be permitted.
I.
Wherever a tract to be subdivided borders an existing
or approved half or partial street, the balance of the street shall be plotted
within such tract.
J.
Dead-end streets shall not be approved except when designed
as stubs, with temporary "K" turnarounds to permit future street extension
into adjoining tracts, or when designed as culs-de-sac.
K.
New reserve strips, including those controlling access
to streets, shall be avoided.
A.
Streets shall be laid out to intersect as nearly as possible
at right angles. No street shall intersect another at an angle of less than
75º.
B.
Multiple intersections involving junction of more than
two streets shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular safety.
C.
Clear sight triangles of 30 feet measured along street
lot lines from their point of junction shall be provided at all intersections,
and no buildings shall be permitted within such sight triangles.
D.
To the fullest extent possible, intersections with major
traffic streets shall be located not less than 220 feet apart, measured from
center line to center line.
E.
Streets entering opposite sides of another street shall
be laid out either directly opposite one another or with a minimum offset
of 125 feet between their center lines.
F.
Minimum curb radii at street intersections shall be 25
feet for intersections involving only minor streets or 35 feet for intersections
involving other type streets or such greater radius as is suited to the specific
intersection.
G.
Where a subdivision abuts or contains an existing street
of inadequate right-of-way width, additional right-of-way width in conformance
with Town Code entitled "Road Specifications" will be required.
H.
Where the grade of any street at the approach to an intersection
exceeds 7%, a leveling area shall be provided as required by Town Code, entitled
"Road Specifications."
A.
Cul-de-sac streets, permanently designed as such, shall
not exceed 1,000 feet in length and shall not furnish access to more than
20 dwelling units.
B.
Cul-de-sac streets shall be provided at the closed end
with a paved turnaround having a minimum radius to the outer pavement edge
or curbline of 60 feet.
C.
Unless future extension is clearly impractical or found
otherwise undesirable by the Planning Board, a right-of-way of the same width
as the street shall be carried to the property line in such a way as to permit
future extension of the street into the adjoining tract.
B.
Blocks shall have a minimum length of 750 feet and a
maximum length of 1,200 feet. In the design of blocks longer than 1,000 feet,
special consideration shall be given to the requirements of satisfactory fire
protection.
C.
Residential blocks shall be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots bordering a major traffic
street are used.
D.
Pedestrian sidewalks may be required where necessary
to assist circulation or provide access to community facilities. Such sidewalks
shall have a reserved or dedicated width of not less than 10 feet and a concrete
walk of not less than four feet.
A.
Within the Town of Farmington public water supplies are
provided within established geographical special improvement districts and
their extensions. Some of these districts were created and are administered
solely by the Town of Farmington. Others are joint districts created by the
Town and the Town of Canandaigua are serviced and administered jointly with
the neighboring town as part of the Canandaigua/Farmington Water District.
B.
Water supply systems shall be designed to provide adequate
domestic usage and fire protection. The water system shall generally be designed
to provide adequate fire flow at the critical point in the development while
satisfying the average daily domestic flow. Specific plans must be approved
by the Town Engineer, the Superintendent having responsibility for the district
providing service and the New York State Department of Health and Department
of Environmental Conservation.
C.
Town water supplies and districts which are operated solely by the Town of Farmington are further governed by Chapter 159 of the Town Code entitled "Water Rules and Regulations."
D.
To the greatest extent practicable all new public water
lines shall be looped with existing water lines.
E.
Provision of potable water within regions of the Town
not served by public water supplies shall be the sole responsibility of the
property owner. The adequacy, safety and reliability of such systems will
not be reviewed, considered or insured by the Planning Board.
A.
Generally, all public sanitary facilities and installations
within the Town of Farmington are under the jurisdiction of the Town of Farmington
Sewer Department. Accordingly, all design, material and construction shall
be to the standard specifications of and subject to acceptance by this agency.
B.
Detail plans for all public sanitary sewage facilities
shall meet the requirements of and be subject to the approval of the New York
State Department of Environmental Conservation.
C.
Where public sanitary sewers are not available, individual
private sewage disposal systems shall be designed, specified, and built to
the standards and specifications of the New York State Department of Health
Individual Residential Wastewater Treatment System Standards (Appendix 75A)
respectively, and any other agency or authority with jurisdiction.
D.
Detail plans for all private sewage disposal systems
associated with developments defined as subdivisions by the Public Health
Law shall be subject to the approval of the New York State Department of Health.
[Amended 10-9-2007 by L.L. No. 5-2007]
All lots shall be laid out and graded to provide positive drainage away from buildings and shall be in full compliance with Chapter 90 of the Code of the Town of Farmington.
A.
The layout of the proposed subdivision shall be in general
conformity with the goals, features and developments proposed in the adopted
Town of Farmington Comprehensive Plan.
B.
In reviewing subdivision plans, the Planning Board will
consider the adequacy of existing or proposed community facilities to serve
future residents of the proposed subdivision.
C.
Areas provided or reserved for community facilities must
be adequately provide for building sites, landscaping and off-street parking
as appropriate to the proposed use.
D.
Where a proposed recreation area, playground, school
or other public use shown in the Comprehensive Plan is located in whole or
in part within a subdivision, the Planning Board may require the reservation
of such area as may be deemed reasonable. Where said area is not dedicated
or offered as a gift, it shall be reserved for acquisition by the Town for
a period of five years.
E.
Reservation of lands for recreational use.
(1)
Pursuant to Town Law § 277, as amended, the
Planning Board shall consider requiring the reservation of an appropriate
portion of the area of land to be subdivided for park, playground, or other
recreational purpose. In locating lands to be so reserved, the Board shall
consider preservation of special environmental and geographic features, the
unsuitability of certain lands for building purposes, future expansion of
public use areas, the most appropriate type of public land use for the area,
and the conditions necessary to preserve access, use and maintenance of such
lands for their intended purpose. Such area of land shall not be included
in the calculations of land to be owned in common for cluster developments.
(2)
Land reserved for recreational purposes may be retained
in private ownership, provided they are reserved and maintained permanently
for their intended use by recorded covenant and security deemed adequate by
the Town Board. Alternatively, lands may be offered to the Town as a gift,
to be accepted at the discretion of the Town Board.
(3)
In the event that the Planning Board determines that
a suitable park or parks of adequate size can not be properly located in any
such plat or is otherwise impractical, the Planning Board may require as a
condition to approval of any such plat in lieu thereof a payment to the Town
of a sum to be determined by the Town Board, which sum shall constitute a
trust fund to be used by the Town exclusively for neighborhood park, playground
or recreational purposes, including the acquisition of property.
A.
Purpose. In order to provide certain utilities and services
on an equitable basis and to assure a means of ongoing maintenance of those
utilities and services, the Town of Farmington may create or extend utility
and service districts where possible. These districts shall be created in
conformance to the provisions of New York State Law to assure that those property
owners benefited by the utilities and services are responsible for the cost
of their installation and maintenance.
B.
Requirements. Requirements to create or extend special
improvement districts as set forth in Article 12, Chapter 62 of the Consolidated
Town Laws are the responsibility of the developer and shall be complied with
prior to final approval.
A.
Easements with a minimum width of 20 feet plus the width
of any required pipe or other improvement or the minimum required by the agency
responsible for the utility shall be provided as necessary for all utilities,
and approval or acceptance by the involved agency included with the final
plans.
B.
To the fullest extent possible, easements shall be centered
on or adjacent to rear or side lot lines.
C.
Where a subdivision is traversed by a watercourse, there
shall be provided a drainage easement or right-of-way conforming substantially
with the line of such watercourse and of such width as will be adequate to
preserve natural drainage, with access-easement at least 20 feet in width
to same from a public right-of-way.
[Amended 5-27-2003 by L.L. No. 3-2003]
A.
Legislative authority. The Town Board of the Town of
Farmington enacts this section of the Code of the Town of Farmington pursuant
to its authority under New York State Town Law § 278.
B.
Purpose. The Town Board finds that certain lands may not lend
themselves to conventional development as designated by their zoning district.
This section is established to enable and encourage flexibility of design
in the development of land in such a manner as to:
C.
Objectives. Among the objectives to be achieved by the Planning
Board's modification of zoning law provisions simultaneous with plat approval
are:
(1)
The creative use of land so as to establish a more desirable
living environment than would be possible through the strict application of
Town zoning standards;
(2)
The preservation of environmentally sensitive areas, such as,
but not limited to, surface water, freshwater wetlands, ridgelines, stands
of trees, outstanding natural topography, glaciated features and areas of
archeological significance. Areas to be preserved also include environmentally
sensitive areas;
(3)
The prevention of soil erosion and avoidance of other negative
environmental impacts;
(4)
The prevention of imprudent development within delineated flood
hazard areas;
(5)
The encouragement of innovative and flexible design and layout
of residential housing subdivisions to preserve open space by permitting housing
units to be clustered without increasing overall housing density;
(6)
The design of developments that are in harmony with the character
of the area and environmental sensitivities of a particular site; and
(7)
The design of developments which otherwise further the legislative
intent of Town Law § 278, as amended.
D.
Modifications authorized. The Planning Board is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law, to modify applicable provisions of Chapter 165 of the Town of Farmington Code, as permitted by New York State Town Law § 278 as amended, and in accordance with the cluster development provisions set forth in the section.
E.
General provisions. The Planning Board's authority to modify provisions of Chapter 165 of the Town of Farmington Code simultaneously with the approval of a plat includes the following:
(1)
The Planning Board may require the subdivider to submit an application reflecting such modification if the Board finds that to do so would serve the legislative authority and objectives set forth in this section and in Town Law § 278, as amended. Furthermore, submission of a plat reflecting such modification is an absolute requirement for the subdivision of all lands to meet the stated objectives of clustering as defined in Chapter 165 of the Town Code and delineated upon the Town Official Zoning Map; and
(2)
All plats submitted which propose or require modification of
zoning law provisions simultaneously with plat approval shall conform to the
additional requirements of this section.
F.
Number of dwelling units or building lots permitted.
(1)
The maximum permitted number of dwelling units or building lots
shall be determined by reference to a plan showing the maximum number of lots
which could exist on the adjusted total developable gross area of the parcel
that the Planning Board could approve if the land were subdivided and developed
in strict conformance with the dimensional requirements of the particular
zoning district in which the land is located.
(2)
Project density shall be based only upon the amount of adjusted
total developable gross area of the parcel that is available for development.
The following areas shall not be shown as developable and may not be used
in computing the usable or developable land or considered as part of the gross
area of the site:
(a)
Land that is located within a flood hazard area;
(b)
Land having slopes in excess of twenty percent (20%);
(c)
Land that is within an officially designated freshwater wetland,
or within a designated wetland buffer area;
(d)
Land that is occupied by a public utility and/or structures;
(e)
Land that is within a drainage control area or right-of-way;
and
(f)
Land that is otherwise found by the Planning Board to be unsuitable
for development.
G.
Minimum size of building lots permitted. In order to prevent
a concentration of small lots occurring within a cluster development project
on a parcel of land, the following minimum lot size standards shall apply:
(1)
In the R-1-15 Residential Single-Family District, where a site
has both public water and sewer service, not more than 25% of the adjusted
total developable gross area shall contain lots of 10,000 square feet, not
more than 25% of the adjusted total developable gross area shall contain lots
of 12,500 square feet and the balance of the adjusted total developable gross
area shall contain lots of 15,000 square feet or more.
(2)
In the RS-25 Residential-Suburban District, where a site has
both public water and sewer service, not more than 25% of the adjusted total
developable gross area shall contain lots of 15,000 square feet, not more
than 25% of the adjusted total developable gross area shall contain lots of
20,000 square feet and the balance of the adjusted total developable gross
area site shall contain lots of 25,000 square feet or more.
(3)
In the RR-80 Rural/Residential District, where a site has public
water service and where the site has soils that can accommodate a conventional
septic system which is based upon documented percolation and deep hole tests,
not more than 50% of the adjusted total developable gross area shall contain
lots of 25,000 square feet, provided said lots shall be able to operate on
a conventional septic system. The balance of the adjusted total developable
gross area site shall contain minimum lots of either 40,000, or 80,000 square
feet or more in the manner provided for in said RR-80 District.
(4)
In the NB, Neighborhood Business District, where a site has public
water but no public sewer service, the minimum lot size shall be 25,000 square
feet. Where public sewer and water service exists, then not more than 25%
of the total developable gross area shall contain lots of 15,000 square feet,
not more than 25% of the adjusted total developable gross area shall contain
lots of 17,500 square feet and the balance of the adjusted total developable
gross area shall contain lots of 20,000 square feet or more.
(5)
In the GB General Business District, the RB Restricted Business
District, the GI General Industrial District and the LI Limited Industrial
District, where a site has both public water and public sewer service, not
more than(50% of the adjusted total developable gross area shall contain lots
of 25,000 square feet and the balance of the site shall contain lots of minimum
square footage required in the respective zoning districts. Where a site has
only public water service, then the minimum lot size shall be the minimum
square footage required in the respective zoning districts.
H.
Process and information requirements. The approval process and information requirements for a project requiring the Planning Board's modification of zoning law provisions shall be pursuant to subdivision procedures described in Article II of this chapter regardless of whether land to be held in common is to be subdivided or is to remain a single parcel.
I.
Procedures. These procedures may be followed at the discretion of the Planning Board, if, in said Board's judgment, the application of these procedures would benefit the Town. If an application affects one of the areas identified in Subsection F above, then the following procedures shall apply:
(1)
The applicant under this Section shall present two sketch plans at the time of application, under § 144-23 or 144-24 of these regulations. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within this chapter and Chapter 165 of the Town of Farmington Code. The other shall be a layout outlining development of the parcel in the form of a cluster development. The applicant shall present two environmental assessment forms for the development of the parcel under both scenarios
(2)
Upon submission of an application under this Section, the applicant
shall present all information required by the Town of Farmington Code supplemented
by evidence of the consistency of the proposed cluster development with the
criteria to be used by the Planning Board in rendering its decision. Such
evidence shall include a written statement describing the natural features
to be preserved or enhanced by the cluster approach. The statement should
also compare the impacts upon the town from a conventional subdivision layout
to the impacts of the cluster development for which application is being sought.
J.
General design requirements. The Planning Board shall observe
the following general design requirements when considering action to approve
a cluster development plat:
(1)
A cluster development shall meet all requirements for a subdivision
in accordance with prevailing Town law and any other federal, state and local
law, with the exception of the minimum lot size required and the front, side
and rear setbacks.
(2)
The minimum distance between structures on separate lots without
public sewer and water service, which make up a cluster development, shall
be based upon the minimum lot sizes and setbacks required by the New York
State Department of Health for the operation of private wells and septic systems.
(3)
The minimum lot widths for lots in a cluster development occurring
on new subdivision streets shall be not less than 100 feet. The minimum lot
widths for lots in a cluster development occurring along existing state, county
or town roads shall not be less than 75% of the average lot widths occurring
along said road and within the same zoning district for a distance of 1,000
feet in each direction from the subject site(s).
(4)
Each building in a cluster development shall be an integral element
of an overall concept for the site. The concept should take into consideration
all requirements of this section and all other relevant sections of this chapter
and other town legislation.
(5)
The overall development shall be designed in such a way as to
maximize the preservation of the site's contiguous environmentally sensitive,
cultural or recreational resource features by providing a design that results
in minimal disturbance to these features.
(6)
The areas to be dedicated for open space purposes, including
playgrounds and parks, shall be in an amount, location, quality and contiguous
shape as is desirable for accessibility to all developed properties and open
space preservation, as determined by the Planning Board.
(7)
Where possible, all land not contained within the lots, road
rights-of-way or designated preserve land shall be contiguous and of such
size and shape as to be usable for recreation and/or open space.
K.
Permitted uses. Permitted uses, accessory uses and special permitted uses in a cluster development shall be the same as those allowed in Chapter 165, Zoning, of the Town of Farmington Code where the development is proposed to be located. The provisions of this Section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter 165.
L.
Open space.
(1)
All land not included in building lots or road rights-of-way
shall be designated as open space. Open space within a development shall equal
or exceed the difference between the total land area required for building
lots under a conventional subdivision and the total land area required for
building lots under the proposed cluster development.
(2)
Where a cluster development abuts a body of water, a usable portion
of the shoreline should be a part of the open space.
M.
Actions by the Planning Board.
(1)
The Planning Board may mandate cluster development of a subdivision
application, if the proposed development complies with the standards of this
section and other relevant laws and if, in the Board's opinion, based upon
review of evidence about the site, traditional site layout would result in
the elimination or permanent alteration of any portion of a site that contains
unique environmental features such as drumlins, freshwater wetlands, landfill
sites, steep slopes, and drainage systems, including but not limited to control
areas or drain tiles on adjacent farmland and sites listed on state or federal
registers.
(2)
In the event that the criteria listed in Subsection M(1) above is not met by the proposed development, the Planning Board may approve a voluntary application for cluster development if, in its opinion, the development of the site in a cluster design shall achieve one or more of the following objectives:
(a)
The proposed cluster development will better protect natural
resources located on the site than conventional site layout.
(b)
The proposed cluster development shall contribute to town-wide
open space planning by creating or complementing a system of permanently preserved
open spaces.
(c)
Sufficient evidence has been presented by the applicant to document
that the proposed cluster development shall foster housing for special sectors
of the community, including those groups identified in the Comprehensive Plan
as populations which may require special housing initiatives to meet their
particular needs (e.g., elderly residents, first-time homebuyers, etc.).
N.
Reservation of open space lands.
(1)
As a condition of final plat approval of a cluster development,
a perpetual conservation restriction and/or other rights to property shall
be placed upon open space land which have the minimum effect of restricting
development permanently and allowing use of such open land only for agriculture,
forest management, active or passive recreation, watershed protection, wildlife
habitat or other open space use and prohibiting residential, industrial or
commercial use, pursuant to the open space requirements of this chapter.
(2)
Open space created by the use of cluster development shall be
clearly labeled on the final plat as to its shape, use, ownership, management,
method of preservation and the rights to such land, if any, of the property
owners of the subdivision and the general public. The plat should clearly
identify that the open space is permanently reserved for open space purposes
and shall not be platted for building lots or other development. It shall
indicate the liber and page of any conservation restriction(s) or deed restrictions
required to be filed to implement such reservation of open space. f the open
space is to be owned in common with others, the applicant shall provide for
the ownership, management and rights to such lands by means of an entity acceptable
by the Town Board.
O.
Maintenance of open space lands.
(1)
Intent. Because open spaces are an inherent part of clustered
developments, the Planning Board shall take special measures for the protection
and regulation of these areas to ensure that an acceptable system for their
permanent maintenance (e.g., a land trust where the developer pays all fees
associated with the ongoing land management) is provided.
(2)
Submission requirements. The developer shall submit a detailed
proposal for the maintenance of common lands and/or open space as part of
the preliminary plat.
(3)
Town dedication of land. In the event the developer proposes
to dedicate the common lands and/or open space to the Town, the Planning Board
shall refer such proposal to the Town Board for its consideration and determination.
No further action shall be taken on the proposed preliminary plat until such
time as the Town Board has made its determination on whether to accept the
land being offered.
(4)
Property owners' association. All other open spaces shall be maintained, unless otherwise approved by the Planning Board, in accordance with Subsection O(5) below, by a homeowners' association or alternate legal equivalent, and shall not be conveyed or otherwise transferred or disposed of without the consent of the Planning Board.
(5)
Alternate means of maintenance of open lands. The following methods
will be considered as alternate means to maintain open spaces:
(a)
In the case of continual ownership of the clustered development
or portion thereof by a sole owner, partnership, corporation or other legal
means, deed restrictions protecting open spaces from further development shall
be submitted to the Town Attorney for review and approval to the Planning
Board
(b)
Any alternate method for protection and preservation of open
lands and common areas shall be submitted at the sketch plan stage to the
Planning Board for review. Any alternate proposals will also be referred to
the Town Attorney for review and comment. The Planning Board may require any
additional information it deems necessary to conduct an adequate review of
the alternative proposal(s).
