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.
A. 
The ownership of conserved land areas shall be divided among all owners of building lots within the conservation subdivision, except where all or an appropriate portion of the conserved land areas are deeded to a recognized conservation organization dedicated to the preservation of open space and such dedication is acceptable to the conservation organization and to the Planning Board and the Board of Trustees in order to provide that all residents in a clustered residential development shall have access at all times onto land in the development on which no structures are erected, except for any private lots in single ownership with individual dwelling units, and except that the roads or other open lands in the development may, with the approval of the Planning Board and the Board of Trustees, be dedicated to the village. Prior to issuance of a certificate of occupancy, the subdivider shall execute and file with the Planning Board such documents as, in the opinion of the Village Attorney, will be sufficient to create a property owners' association responsible for the continued ownership, use and maintenance of all conserved land areas in accordance with the following requirements:
(1) 
Membership in the association must be mandatory for each property owner within the subdivision and for any successive property owners.
(2) 
All restrictions on the ownership, use and maintenance of conserved land areas must be permanent.
(3) 
The association must be responsible for liability insurance, local taxes and the maintenance of the conserved land areas, including any active recreation areas and related facilities.
(4) 
Each lot owner within the subdivision shall be made responsible for paying his proportionate share of the association's costs, and the assessment levied by the association shall become a lien on the property if not paid.
(5) 
The association shall have the power to adjust assessments to meet changing needs.
B. 
In the event that the maintenance, preservation and/or use of the conserved land area(s) ceases to be in compliance with any of the above requirements or any other requirements specified by the Planning Board when approving the subdivision plat, the village shall be granted the right to take all necessary action to assure such compliance and to assess against the association and/or each individual property owner within the subdivision all costs incurred by the village for such purposes.
C. 
The establishment of such an association shall be required prior to the 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.