On February 26, 2008 the Village of Woodbury Trusties Voted YES to approve Local Law 1 and 2 of 2008

VILLAGE OF WOODBURY INTRODUCTORY LOCAL LAW 1 OF 2008


A LOCAL LAW CHANGING THE ZONING OF AN APPROXIMATELY 749 ACRE PARCEL OF LAND ALONG TROUT BROOK ROAD BETWEEN SMITH CLOVE ROAD AND ROUTE 32 FROM R-3A TO R-2A.
BE IT ENACTED by the Village Board of the Village of Woodbury, Orange County, New York as follows:

SECTION I : TITLE

This law shall be entitled: "A Local Law Changing the Zoning of a 749+/- Acre Parcel of Land Along Trout Brook Road between Smith Clove Road and Route 32 from R-3A to R2A."

SECTION II: PURPOSE AND INTENT

It is the purpose of this Local Law to change the zoning designation for this 749+/- acre site from R-3A to R-2A to accomplish a preferred plan of developing the below noted properties as a Conservation Cluster Development. The subject properties are located along Trout Brook Road between Smith Clove Road and Route 32 in the Village of Woodbury, New York.

The subject properties (between Smith Clove and Pine Hills Road, east of the Thruway) are within a "low density residential" area and surrounded by R-IA, R-2A, R-3A and C-R zones. The Town of Woodbury Master Plan, adopted on March 3, 1988, noted that there would be continuing needs for new housing in the community and that one or more of the areas designated as "low density residential" could legitimately be re-zoned to a higher density designation. Although the Village has yet to adopt a written Master or Comprehensive Plan for itself, its unwritten comprehensive plan is deemed to include the vision outlined in its zoning, which is based in part on the referenced principle in the 1988 Town of Woodbury Master Plan.

SECTION III: ZONING AMENDMENT

The zoning of the following parcels is hereby changed from R-3A to R-2A, constituting approximately 749 acres.

1.      A 292+/- acre parcel presently owned by Mr. Hiromi Shinya, being designated as tax map parcel number 203-1-11.

2.      A 416+/- acre parcel presently owned by Mr. Hiromi Shinya, being designated as tax map parcel number 203-1-12.5.

3.      A 41+/- acre parcel previously approved for development known as the Foxwood development off Skyline Drive, designated as tax map parcel number 207-3-55.

This change in zoning from R-3A to R-2A for the above noted parcels is contingent upon these parcels being developed as a Conservation Cluster Development in accordance with Village Code 310-31.1. In the event that these parcels collectively are not developed as a Conservation Cluster Development, then the parcels will revert to R-3A zoning for any other development.


SECTION IV
: ZONING MAP AMENDMENT

The Village of Woodbury Zoning Map is hereby amended, rezoning the properties better known as tax map parcels 203-1-11, 203-1-12.5 and 207-3-55 to R-2A, subject to these parcels being developed as a Conservation Cluster Development in accordance with Village Code 31031.1. In the event that these parcels collectively are not developed as a Conservation Cluster Development, then the Village of Woodbury Zoning Map for these properties will revert to R-3A zoning for any other development.

. SECTION V: SAVINGS CLAUSE

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If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

, SECTION VI: EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the Secretary of State in Albany .


 

 

VILLAGE OF WOODBURY INTRODUCTORY LOCAL LAW #2 OF 2008

A LOCAL LAW DESIGNATING A 749+/- ACRE TRACT OF LAND ALONG TROUT BROOK ROAD BETWEEN SMITH CLOVE ROAD AND ROUTE 32 FOR CONSERVATION CLUSTER DEVELOPMENT.

BE IT ENACTED by the Village Board of the Village of Woodbury, Orange County, New York as follows:

SECTION I: TITLE

This law shall be entitled: "A Local Law Designating a 749+/- Acre Tract of Land Along Trout Brook Road Between Smith Clove Road and Route 32 for Conservation Cluster Development."  ,

SECTION II: PURPOSE AND INTENT

It is the purpose of this Local Law to designate this contiguous 749+/- acre site, referred to as "Legacy Ridge" and located along both sides of Trout Brook Road between Smith Clove Road and Route 32, for a Conservation Cluster Development. Such a designation is a mechanism and incentive for the development of conservation cluster subdivisions, which permanently preserve larger tracts of open space land than would be available under either conventional cluster or other developments, and placing the ownership and control of such tracts of land with the Village. This is consistent with the purposes of securing critical masses of open space, protecting scenic views, increasing opportunities for passive recreation and enjoyment of natural settings, and as otherwise set forth in Village Code 310,31. 1 (B)(l)-(lO).

SECTION III: FINDINGS

In connection with its analysis of the Petition for this Conservation Cluster Development designation the Village Board of Trustees hereby finds that the proposed Legacy Ridge Conservation Cluster Development satisfies the Village Code requirements for such designation:

1.      The proposed development is comprised of 749+/- acres of contiguous acres (as defined in Village Code 310.31.1(C)(l)(a)), far exceeding the minimum required 125 acres.

2.      The proposed development does not contain a substantial existing development which would impair the ability to preserve critical masses of open space.

3.      The proposed development will be served by a Village approved central water and sewer system.

4.      The proposed development is preserving more than 57% of the total gross area of the properties as permanent open space (291.70 acres on parcel 203-1-11, 97 acres on parcel 203-1-12.5, and 40.83 acres on parcel 207-3-55), far exceeding the minimum required 20%. The Village Board of Trustees hereby finds that the proposed open space, and the proposed use and ownership thereof, meets the standards set forth in Village Code 310-31.1. The open space areas shall be dedicated to the Village, or other public entity so determined by the Village Board of Trustees, together with conservation easements requiring the land to remain forever green and undeveloped in perpetuity, except that the Village Board of Trustees may in its sole discretion authorize limited use of such land consistent with its environmentally sensitive features. Such use may include walking trails, bird watching, fishing, and similar pedestrian activities, but in no case involving the use of motorcycles, ATV s, or other motorized vehicles, and in no case may the use of paved surfaces be permitted in the open space area. The locations in the open space areas designated on the Legacy Ridge plans for project related or public infrastructure are hereby deemed appropriate by the Village Board of Trustees. These open space areas may contain open space or common areas to be owned by a homeowners' association, or other entity specified by the Village Board.

 

The Village Board of Trustees further finds and confirms that, consistent with the constraints analysis and other requirements of Village Code 3l0-31.l(D)(2), and other site specific issues, the maximum number of residential lots and residences, utilizing the R-2A zoning district classification as anticipated in accordance with an accompanying Local Law, shall be 287.

The Village Board of Trustees further finds that the Legacy Ridge project has located and will develop new sources of water on the properties. These sources will provide water in excess of the anticipated demands of the Legacy Ridge development. This excess water will enhance the water supply for the surrounding consolidated water area. Legacy Ridge is also providing water treatment design, water storage and infrastructure connections which will improve water pressure for both domestic use and for firefighting capabilities for the majority of the existing water system users at no expense to the Village or its residents. Also, the Legacy Ridge project will upgrade the Village's existing wastewater treatment plant in the Valley Forge area at no expense to the Village or its residents.

In conclusion, the Village of Woodbury Board of Trustees does hereby find that designating this 749+/- acre site for a Conservation Cluster Development Overlay District is in the best interests of the Village of Woodbury.

SECTION IV: PARCELS DESIGNATED FOR CONSERVATION CLUSTER DEVELOPMENT

A.     The following parcels are hereby designated for Conservation Cluster Development. The land so designated constitutes approximately 749 acres:

1.     A 292+/- acre parcel presently owned by Mr. Hiromi Shinya, designated as tax map parcel number 203-1-1 1.

2.      A 416+/- acre parcel presently owned by Mr. Hiromi Shinya, designated as tax map parcel number 203-1-12.5.

3.      A 41+/- acre parcel previously approved for development known as the Foxwood development off Skyline Drive, designated as tax map parcel number 207-3-55.

B.     The land contained in the above-referenced parcels is contiguous land, divided only by Trout Brook Road, and is in common ownership and control.

SECTION V: ZONING MAP AMENDMENT

The Village of Woodbury Zoning Map is hereby amended to implement the above Conservation Cluster Development designation consistent with this Local Law.

SECTION VI: SAVINGS CLAUSE

If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION VII: EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the Secretary of State in Albany.

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