As a condition of final approval, the open space or undeveloped land area ("conserved land areas"), whether landscaped or not, shall be clearly defined on any site plan to be submitted under this article as permanent open space and may never be further developed beyond the density determined pursuant to §
112-14A hereof.
Every deed to or lease of a dwelling unit constructed pursuant to this
article shall contain a covenant or provision mandating that all open space
or outdoor recreation shall be maintained by the owners or lessees of such
dwelling units. It shall be a condition to the final approval of any such
site plan that each such deed or lease will be recorded at the Westchester
County Clerk's office within 10 days after its execution and the form
of such consent or provision must be approved by the Village Attorney prior
to issuance of a certificate of occupancy.
Conserved land areas shall be preserved in their natural state, and the use of such areas shall be limited to appropriate conservation, open space and recreation purposes as determined by the Planning Board subject to the limitations in §
112-22. A portion of the conserved land area(s) may be designated "active recreation area" on the subdivision plat, in a location approved by the Planning Board. Such active recreation area shall not exceed 5% of the total area of the proposed subdivision. Within such area, structures and facilities for active recreation purposes, including playground equipment, swimming pools, tennis courts and so forth, may be constructed and operated for the use of the property owners in the CCH subdivision and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities. Enlargement of such structures and facilities not shown on the filed plat shall be subject to approval of the Planning Board.
It is the specific intention to maximize the open space available for
use and access to the residents of the cluster development. All residents
in a clustered residential development shall have access at all times onto
and use of land in the development on which no structures are erected. Privately
owned lots which were not included in determining the maximum density of a
clustered development may be excluded from the provisions of this section.
Roads or other open lands in the development may, upon the recommendation
of the Planning Board and express approval of the Board of Trustees, be dedicated
to the village or other public authority.