(A) For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this subchapter, equal amounts of land shall be provided as open space. All open space, tree cover, recreational area, scenic vista, or other authorized open land areas shall be either set aside as common land for the sole benefit, use, and enjoyment of present and future lot or homeowners within the development, or may be dedicated to the village as park land for the use of the general public.
(B) The Board of Zoning Appeals shall determine which of these options is most appropriate and select one of the following procedures as part of its approval of a conditional use permit for a cluster subdivision development:
(1) That open space land shall be conveyed by proper legal procedures from the tract owner or owners to a homeowners association or other similar non-profit organizations so that fee simple title shall be vested in tract lot owners as tenants in common; provided, that suitable arrangements have been made for the maintenance of such land and any buildings thereon; and provided further, an open space easement for such land may be conveyed to the village to assure that open space land shall remain open.
(2) That open space land may be dedicated to the general public for park or recreational purposes by the tract owner or owners; provided, that the location and extent of such land conforms to the Future Land Use Plan for the village; and provided further, that the access to and characteristics of such land is such that it will be readily available to and desirable for public use, development and maintenance. The owners or developers of the cluster subdivision development shall not be compelled or required to improve the natural condition of such open space lands before a conveyance to the village.
(Ord. 8-96, § 703.05, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999