(A) Required open space shall be reserved for any major subdivision of land within the zoning districts set forth in the first column of the table at the end of § 154.054 of this chapter based upon the percentage of net acres in the proposed development corresponding the zoning district as set forth in the second column in the table at the end of § 154.054 of this chapter.
(B) Subdivisions with less than three dwelling units, located within one-fourth of a mile of walking distance from an existing town park may be exempt from the requirements of this section with three or more dwelling units shall not be exempt.
(C) Open-space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open-space areas may be owned, preserved and maintained as determined by the Town Council by any of the following mechanisms or combinations thereof:
(1) Dedication of open space to the town, an appropriate public agency, or a non-profit entity (such as a land conservancy) if such an agency or entity is willing to accept the dedication and is financially capable of maintaining such open space; and
(2) Common ownership of the open space by a property owner’s association which assumes full responsibility for its maintenance. The restrictive covenants shall provide that, in the event the homeowner’s association fails to maintain the open space according to the standards of this chapter, the town may, following reasonable notice:
(a) Demand that deficiency of maintenance be corrected; or
(b) Enter the open space to maintain same. The cost of such maintenance shall be charged to the homeowners association. Delinquent charges may be attached as a tax lien as allowed by law.
(Ord. passed - -, § 1.5B)