§ 157.262 DISPOSITION OF OPEN SPACE.
   (A)   The required amount of common open space reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to a homeowners association who shall have title to the land which shall be retained as common open space for parks, recreation, and related uses. The legal articles relating to the organization of the homeowners association is subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Public utility and similar easements and right-of-ways for water courses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or other similar purpose and approved by the Commission.
   (B)   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(Ord. 6-1993, passed 3-8-93)