For the purpose of this chapter, the terms used
herein are defined as follows:
CLUSTER DEVELOPMENT
A grouping of single-family detached, semidetached or attached residences on lot sizes less than required by Chapter
310, Zoning, of the Code of the Village of Woodbury as authorized by the Village Board pursuant to the Village Law § 7-738.
DEVELOPER
The owner or owners of real property comprising the entire
area of a subdivision, cluster or planned unit development which is
the subject of an open space requirement.
EMERGENCY ACCESS
A secondary road to be used only by police, fire and ambulance
vehicles in an emergency situation where the road giving access to
the development has been blocked thus impeding vehicular traffic.
HOMEOWNERS' ASSOCIATION
A not-for-profit or membership corporation formed under the
authority of the New York State Not-For-Profit Corporation Law, as
the same may be amended, for the purposes, among other things, of
maintaining and administering open space.
OPEN SPACE
Any land required to be left undeveloped in its natural state
for residential purpose as a precondition of approval of a proposed
subdivision, cluster or a planned unit development.
PERSON
Any person, firm, corporation, association or legal representative
acting individually or jointly, including any transportation corporation.
PLANNED UNIT DEVELOPMENT
A grouping of residential dwelling units, combined with and
serviced by compatible commercial service establishments, constructed
as a unified project in accordance with an overall development plan
approved by the Village Board.
VILLAGE BOARD
The duly elected Village Board of the Village of Woodbury.
If the Village Board or the Planning Board shall
require open space as a precondition of subdivision, cluster or planned
unit development approval, the developer shall, prior to final approval
of such development, petition the Village Board, pursuant to the applicable
provisions of the Village Law, to form a park area, the boundaries
of which shall be coterminous with the area of the entire subdivision,
cluster or planned unit development to be approved.
No structure or building shall be constructed,
stream or water body altered or other major physical or topographical
alteration undertaken within the green belt areas.
If, in the opinion of the Village Board, the
homeowners' association defaults under its contract with the Village
and does not control, maintain or administer the open space, the Village
shall adopt one or all of the following procedures:
A. Accept the offer of dedication and go into actual
control and possession of the open space.
B. Correct any specific defect or perform any specific
task necessary for proper maintenance and control of said open space
and charge the cost thereof to the park area as an area tax for the
next ensuing year.