In accordance with Village Law § 7-738, for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to preserve the natural, ecological, environmental and scenic qualities of open lands, to preserve natural drainageways and existing natural topography, to preserve tree cover, to provide for sustainable development and protection of our natural resources, including Hempstead Harbor and the Long Island Sound, provide for watershed protection, reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential developments, to promote contiguous open space with adjacent jurisdictions and properties, to provide for residential development with flexibility of design to promote environmentally sensitive and efficient uses of land, and to permit conservation of dwellings and structures on less environmentally sensitive soils so as to reduce the amount of infrastructure, including paved surfaces, the Planning Board is hereby authorized, simultaneously with the approval of a plat containing not less than 10 acres, to modify the applicable provisions of §§ 138-604 through 138-612, 138-616, 138-619, 138-704 through 138-712, 138-716 and 138-719 hereof when, in the judgment of the Planning Board, such modification would benefit the Village.

This authorization shall be deemed mandatory whenever the lot area exceeds 10 acres and shall apply to all land in the Village.

Except as otherwise mandated in this article, property owners with parcels exceeding the maximum lot area requirements in § 138-604 or 138-704 may elect to pursue conservation development in accordance with this article.

For a conservation subdivision application, the owner shall make written application to the Planning Board for the use of this procedure. Except as otherwise provided herein, Chapter 112 and Chapter A145 shall apply to the application.

The application shall include, at a minimum:

A designated portion of the parcel shall be established as the developable area. The remaining land shall be permanently preserved as common open space.

The developable area shall be designed to accommodate the proposed dwelling units while complying with applicable development standards, including setbacks, building heights, and infrastructure requirements, subject to any determinations of the Planning Board as to lot sizes.

Lot size. Lot size in a conservation subdivision shall be determined by the Planning Board as part of subdivision review. The Planning Board has the authority to waive all dimensional requirements, except for density requirements.

Conservation of natural, ecological, archaeological or historical resources;

Meadows, woodlands, wetlands, native plantings, wildlife corridors, game preserves, or similar conservation-oriented areas;

Walking or bicycle trails, provided that they are constructed of pervious paving materials, including their base;

Passive recreation areas;

Active recreation areas, provided that they are not more than 10% of the total open space. Any recreation area in excess of this limit must be located outside of the protected open space area;

Agriculture, horticulture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts;

Other conservation-oriented uses compatible with the purposes of this article.

The total number of dwelling units permitted within a conservation development shall be established based on the entire parcel lot area less any areas necessary for infrastructure.

The maximum density for a conservation development shall be determined by the Planning Board during the subdivision process and may be established through a point system or other density calculation method. Any such point system or density calculation method shall be subject to review and approval by the Board of Trustees, by resolution, from time to time.

A minimum of 50% of the setbacks from property lines and common open space in such a manner that the boundaries between the dwelling lots and existing residential properties are well buffered by vegetation, topography, and other visual barriers;

Building heights and architectural design guidelines;

Shared infrastructure, such as access roads, parking, and utilities;

Provisions for stormwater management and landscaping;

Avoidance of disturbance to the existing environmental, cultural and scenic features;

Minimize the perimeter of the built area by encouraging compact development, and discouraging development along perimeter roads;

Designed to enable residential development to be visually absorbed within the natural landscape;

Dwelling lots shall be accessed from interior streets, rather than from roads bordering the site;

Open space shall be directly accessible or viewable from as many dwelling lots as possible;

The layout shall leave scenic views and vistas unblocked or unimpeded;

Protect wildlife habitat areas of species listed as endangered, threatened or of special concern by the New York State Department of Environmental Conservation;

Use of common driveways is acceptable;

Curved access roads are preferred to avoid long straight segments;

Landscape common areas with native plantings, including shade trees, on both sides of any new roadways;

Buildings with landmark status may be retained on-site, and any such building that has historically been used for residential purposes shall not count for density calculations; and

Proposed new access roads located in the Village must comply with applicable roadway construction standards in Chapter A147.

Ownership of open space. The applicant must identify the owner of the open space who will be responsible for maintaining the open space and facilities located thereon. Options for such ownership include: a) a homeowners' association, b) ownership by one owner, partners or a corporation, c) Village of Sea Cliff, if the Village agrees to accept ownership. If a homeowners' association will be the owner, membership in the association shall be mandatory for all homeowners within the conservation development and shall automatically convey to their successors. The owner of the open space shall have full responsibility to maintain the open space and facilities located thereon.

The open space management plan shall detail the responsibilities for maintenance activities, funding mechanisms, and dispute resolution procedures.

Applicant will be required to file with the Nassau County Clerk's office an instrument of permanent protection of the open space area, which shall provide for the protection of the open space in perpetuity, which instrument shall be filed concurrently with the subdivision map. The instrument shall be one of the following:

Any such instrument shall include clear restrictions on the use of the open space, including all restrictions contained in this article, as well as any other restrictions imposed by the Planning Board or chosen by the applicant where such choices are not in conflict with this article.