For each conservation subdivision plan, the open space areas to be retained must first be identified and shown on a plan. The choice of open space areas would include Primary Conservation Areas: which are areas that would either be prohibited by other law or regulation from residential and other structural development, e.g., water bodies, streams and floodways, and wetlands, and/or areas which constitute significant barriers to development, such as a slope of 30% or more; and Secondary Conservation Areas: which are areas that constitute valuable resources which are identified as significant and worthy of protection in the Town of Cornwall Comprehensive Plan, such as prime agricultural lands, historic or cultural resources, scenic view areas, either into the parcel itself or of other scenic resources, or critical habitat areas. Buffer areas of 50 feet to 100 feet separating development from water bodies, waterways and wetlands would be included in this category unless otherwise required to be in the Primary Conservation Area. Meadows, pastureland, active farm fields and upland forest lands may therefore be included as Secondary Conservation Areas.

The permissible number of lots calculated in Step 1, together with any bonus density opted by way of Step 3, shall then be designed to accommodate the mapped primary and secondary open space areas. House locations should be identified first, then access road locations, with the lot lines being delineated as the last step.

Open space areas shall be designed to be visually and/or physically accessible to as many lots within the subdivision as practicable. Pedestrian access shall be provided to the open space lands within the subdivision both for passive recreational access and for maintenance purposes, unless such use is not compatible with the open space reservation (e.g., active agriculture, or historic or other resource areas which may be vulnerable to trampling and disturbance.) Open space areas shall be maintained in as large a contiguous land area as possible. Open space parcels in adjoining conservation subdivisions shall, if possible, be interconnected in order to maximize the habitat value and integrity of the open space.

Minimizes intrusion into wetlands, floodways and floodplains, water bodies and steep slope areas. Although some intrusion may be necessary in order to obtain road access to the site, this should be keep to a minimum. Any pedestrian access to primary and secondary conservation areas shall also be designed to minimize impact on these resources.

Recognizes existing scenic views and vistas and, to the extent possible, preserves the existing visual character of the site area within the overlay district. This includes protecting the visual character and appearance into the site from existing public roads. This avoids siting new construction in a way that will be visually prominent, where possible, and gives attention to the appropriate architectural design vernacular in the homes that will unavoidably be visually prominent. Where possible, existing field hedgerows and stone walls should be preserved.

Provides reasonably contiguous open space and/or avoids habitat fragmentation. The open space resulting from the subdivision should avoid fragmenting habitat to the greatest extent possible, in keeping with the resources of concern within the overlay district. Where open space abuts another conservation subdivision, open space shall generally abut.

Designs, around critical habitat areas, areas of unique environmental interest or concern and sites of historical or cultural value, as well as preserving active farm fields for continued agricultural use where possible.

Includes a pedestrian circulation system where appropriate for open space lands. Depending on the purpose for the open space reservation, provision of a footpath connecting site features within the open space lands and the lots within the subdivision may be appropriate and should be considered. For example, land in use for active farm purposes would not lend itself to a pedestrian trail, in contrast to woodlands or open meadows.

Shows the location and dimensions of all building envelopes, and shows the location of all structural and nonstructural lot uses for each lot, including any open space parcel(s). Where the lots within the conservation subdivision may be clustered lots, the standard zoning bulk requirements would be modified for such resulting lots. Any applicable setback requirements governing the location of houses and other structures on the lots shall be clearly set forth. Further, other nonstructural elements, such as specific driveway locations, in addition to required facilities, wells and sanitary systems, may need to be established within the plan in order to ensure that the plan functions properly. Location of fencing, if desired, and landscape features should also be considered.

As an integral part of the final conservation subdivision, the ownership of any conservation area established thereunder must be determined relative to its intended function and the lot layout. Provisions must be made to ensure the proper management, maintenance or care of the conservation easement area, where any is needed. Its relationship to the lots, its purpose and habitat function and even the number of lots within the subdivision should be considered in this regard. For example, it may be appropriate to retain an existing farmhouse and barn with open space lands which are to be preserved for agricultural use, particularly if a smaller subdivision of approximately 10 lots or fewer is involved. The conservation easement area should be planned with the objective of minimizing any maintenance requirements in order to reduce the long-term costs associated with doing so. If it is important for land to be preserved in grassland or meadow vegetation, some minimum maintenance needed to preserve the groundcover should be provided for. The owner of the open space shall be responsible for all moneys required to maintain the same.

Preserved features may be held commonly. Common areas and any associated facilities must be held by a homeowners' association or such other ownership as the Town Board may find acceptable. Membership within such association shall be mandatory for all lots within the subdivision. The Town shall review and approve the association bylaws prior to their adoption, in order to ensure that they are in harmony with and properly effectuate the goals of the conservation subdivision and zoning law, including regarding any use and maintenance of the open space.