[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
The Village Board does find it necessary to provide a method of administration for open space required as a condition of subdivision, cluster or planned unit development approval whereby such open space is maintained and administered in a fashion consistent with its purpose: for the preservation in its natural state so as to provide relief from a developed look and to buffer developments from roads, buildings and other required infrastructures within a development and for the general enhancement of the Village of Woodbury.
The purpose of this chapter is to establish a procedure whereby the residents of such subdivision, cluster or planned unit development will contribute to the cost of the taxes, maintenance and upkeep of the green area within the development.
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.
- 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.
- 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.
- PLANNING BOARD
- The Planning Board of the Village of Woodbury.
- 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.
Prior to final approval of any subdivision, cluster or planned unit development which is the subject of an open space requirement, the developer shall irrevocably offer to the Village of Woodbury good and marketable fee title to the open space. Such offer shall be in a form acceptable to the Village Attorney and Village Board and shall be in a form sufficient for recording.
Such offer shall contain a covenant that the developer, his heirs, successors or assigns shall forever refrain from developing, constructing upon or physically altering such open space which shall be maintained forever in its natural state. The Village of Woodbury shall be deemed the beneficiary of such covenant along with the residents of the subdivision, cluster or planned unit development affected.
Nothing herein shall be deemed to prevent conveyance of such open space by the developer, but all such conveyances, including those to a homeowners' association, shall be subject to the offer of dedication and restrictive covenants required hereby.
The developer or his successor shall convey the open space to the homeowners' association required to be established by this chapter but not until 75% of the dwelling units proposed to be built in said subdivision, cluster or planned unit development are occupied or a period of five years has elapsed from the time the first such dwelling unit was occupied, whichever event shall first occur. Any such conveyance to the homeowners' association shall be at no cost to the association.
Prior to final approval of any subdivision, cluster or planned unit development which is the subject of an open space requirement, the developer shall form a homeowners' association. Such corporation need not be designed exclusively to administer open space, but its certificate of incorporation and/or bylaws shall contain at least the following provisions:
All owners, unit owners, lessees or tenants of any dwelling units in such subdivision, cluster or planned unit development shall automatically become members of the homeowners' association upon becoming vested with their legal interest in such units, notwithstanding that such interest may be in common or jointly held with others.
The developer or his successor shall be a member until the open space is conveyed to the homeowners' association as required by this chapter.
The homeowners' association shall have the primary duty of controlling and maintaining the open space and any emergency right-of-way.
In voting for directors, each member shall have one vote, except that, until the developer conveys the open space as required by this chapter, he shall have 1 1/2 votes for every member's vote in such election.
The Board of Directors shall consist of five directors, the terms of which shall be three years.
The terms of the first-elected directors shall be staggered so that one such director shall have a term of one year; two for a term of two years; and two for a term of three years. All subsequent elections for directors shall be for a term of three years.
The books and records of the homeowners' association shall be subject to visitation without prior notice by the Village Board or anyone designated by the Village Board for that purpose.
The directors shall render to every member and, if requested, to the Village Board an annual accounting of receipts and expenditures, prepared in accordance with generally acceptable accounting principles.
The first election for directors shall take place not earlier than nine months after the first dwelling unit in the affected subdivision, cluster or planned unit development is occupied. Until such election, the developer shall, upon formation of the corporation, nominate three directors who shall act as a Board of Directors.
The primary, but not sole, function of the homeowners' association will be the administration, maintenance and control of the open space and any emergency right-of-way located thereon.
The Village Attorney shall review and be satisfied with the terms of all proposed certificates of incorporation and bylaws for such homeowners' association prior to final approval of the affected subdivision, cluster or planned unit development. Such review shall be for the purpose of seeing that the certificate of incorporation and the bylaws conform with the provisions of this chapter.
Upon sale or lease of any dwelling or unit, the developer shall inform the owner, unit owner, tenant or lessee of the existence of such homeowners' association and shall provide him, without cost, a copy of the certificate of incorporation, bylaws and the names and addresses of the directors and officers of such association.
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:
Accept the offer of dedication and go into actual control and possession of the open space.
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.
It shall be unlawful for any person who is not a resident of the park area in which such open space is located to use such open space in any manner.
It shall be unlawful for any person, whether a resident or nonresident, to destroy foliage, to improperly cut trees or to construct or locate any structure, including a deck, toolshed, etc., in the open space.
Any violation of these restrictions shall be deemed to be a trespass in the third degree and shall be punishable by a fine not exceeding $250 or imprisonment for a term not to exceed 15 days, or both, for each such violation.