(a) The applicant shall submit copies of the proposed documents which provide for the permanent preservation of open space at the time of application for development. No application shall be approved until such documents are acceptable to the Municipality and the Law Director in form and content.
(b) Such common open space, proposed to be constructed in such space, shall be clearly delineated on the site plan together with descriptive data as to the methods to be employed to preserve and maintain such open space.
(c) All common open space shown on the site plan must be owned in unencumbered fee simple title by an association or corporation solely owned and controlled by the dwelling unit owners, and subject to legally enforceable declarations and restrictions. Such declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary and shall be reviewed by and must obtain approval of the Law Director before final approval for development will be granted.
(Ord. 2019-39. Passed 8-13-19.)