(A) Designation and use. Resource protection areas that are identified pursuant to § 154.113, 154.114, and 154.115 shall be designated on the final plat of subdivision as such and in no case shall designated resource protection areas be developed. Land which is designated as a resource protection area pursuant to this section shall be used for resource protection and such other purposes as the Planning Commission shall approve and authorize to be designated on the final plat, subject to such conditions as the Commission may deem appropriate. Access to land designated strictly for resource protection shall be restricted in order to ensure such protection. Except as otherwise provided in this section, no area occupied by structures, roads, road rights-of-way or parking areas shall be counted as designated resource protection areas.
(B) Methods of preservation. Resource protection areas shall be designated so their use and enjoyment as natural areas is not obstructed. The form of ownership of resource protection areas shall be designated on the final plat. Resource protection areas shall be owned and preserved by either of the following two methods or a combination thereof:
(1) Conveyance of the resource protection areas to the village as trustee of and under the Green Areas and Recreational Fund pursuant to § 155.08(F) for which the developer may qualify for a credit on the clearable land area pursuant to the appendix to this chapter, and/or a special exception to required minimum lot sizes pursuant to § 155.08; or
(2) Deed restricted private ownership which shall prohibit in perpetuity the development and/or subsequent subdivision of the resource protection areas or their use for purposes other than those specified in § 154.116. The responsibility and standards for all resource protection areas shall be specified and provision shall be made for guaranteeing such responsibility.
(C) Clearable land area. The acreage of clearable land identified in the appendix to this chapter may be combined with resource protection areas, minus the public or private street rights-of-way, for the purpose of calculating the number of lots permitted on a parcel under the applicable district regulations pursuant to § 155.07, provided, however, that the combined total acreage of all areas clearable for development on the parcel shall not exceed the clearable land area as calculated pursuant to the appendix to this chapter.
(D) Procedures required for on-site improvements. Prior to commencing improvements on a site on which resource protection areas have been designated pursuant to § 154.113, 154.114, and 154.115, the owner/subdivider shall stake off and install a barrier fence along the designated resource protection areas. Any owner/subdivider who fails to comply with this provision prior to commencement of improvements on the site, or fails to maintain fenced off areas on the site during such improvements, shall be subject to a fine pursuant to the provisions of § 154.999 for each day on which improvements were performed in violation of this section. An owner/subdivider found guilty of such a violation, which has also resulted in the destruction of designated resource protection areas, shall, in addition, be liable for the costs of restoring such resource protection areas to their natural condition.
(Ord. 25-89, passed 9-25-89; Am. Ord. 03-97, passed 2-24-97)