c. Waivers to the Subdivision Rules and Regulations may be authorized by
8-8
the Planning & Zoning Board in granting a special permit hereunder
provided that the Board determines such exceptions are in the public
interest and are not inconsistent with the purposes of Section 8.5.1. 8.5.7 Conditions. Any plan approved as an ARD must contain or refer to recorded covenants regarding
each of the following:
1. The streets within the ARD shall remain permanently a private way, which shall
not be extended;
2. The Private Way shall not be connected to any other way except where it
originates on a public way; except another private way within the ARD. 3. The lots shall obtain access from the Private Way if, and only if, ownership of
the lot provides automatic membership in a homeowner association or any other
entity responsible for all maintenance and snow removal of or from the Private
Way. The homeowners association or entity hereafter shall retain all rights in the
Private Way. 4. The Private Way does not meet the standards of the Town for acceptance for new
ways and shall not be proposed for such acceptance. 5. A perpetual easement in favor of the Town of Easton shall be granted to allow
access to and maintenance of public utilities as appropriate. 8.5.8 Common Land; Dimensional Requirements. In an ARD, at least thirty (30) percent of the
total tract area shall be set aside as Common Land for the use of the ARD residents. The following
additional requirements shall apply:
1. The minimum required area of the Common Land shall not contain a greater
percentage of wetlands than the percentage of wetlands areas found in the overall
tract of land on which the ARD is located. 2. Common Land shall be planned as large, contiguous parcels whenever possible.