Whoever subdivides or develops land shall dedicate or reserve land for open space in all subdivisions or developments with a net area in the preliminary plan in excess of 10 acres. A minimum of five percent of the net area of the subdivision or development shall be dedicated for public parks, playgrounds or other public open space, or for the use of residents within the subdivision or development. For this section, area of the subdivision or development shall be defined as the area of the entire subdivision or development covered by the preliminary plan minus the area of all streets and all lands zoned commercial or industrial within such subdivision or development. The Commission shall not approve a site which is undesirable for the proposed open space use. Wetlands, as well as retention or detention areas, are not suitable as open space. The Commission may require financial guarantees or other assurances of performances if the open space is located on the preliminary plan in an area not to be included in a final plat.
(Ord. 45-09. Passed 9-8-09.)