In some instances, property owners may wish to permanently designate land as open space for conservation and preservation purposes. It is the intent of this section to allow for subdivision of permanently restricted open space lots while relaxing specific standards, provided that a plat note is added to the plat and a deed restriction or a conservation easement is recorded with the county register of deeds that prohibits development of the property in perpetuity. The plat note, deed restriction and conservation easement may allow limited passive recreational activities. In conjunction with these activities, development on the property is limited to trails, walkways, steps, foot bridges, parking areas and retaining walls necessary for erosion control, provided that said development does not exceed five percent of the lot area. A copy of the recorded deed restriction or conservation easement shall be submitted to the subdivision administrator. Provided that the open space lot complies with the above provisions, evidence of adequate water and sewer services is not necessary.
(Code 1989, § 91.47; Ord. of 4-10-2012)