(a) General Standards: The restricted open space required in Section 1119.04(a) shall comply with the following:
(1) Restricted open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site.
(2) Areas designated for restricted open space purposes may be:
A. Preserved in its natural state,
B. Designed and intended for the use and/or enjoyment of residents of the proposed development,
C. Utilized for farming when authorized in a conservation easement or in the Association's covenants and restrictions.
(3) Restricted open space shall be interconnected with open space areas on abutting parcels where possible.
(4) In order to encourage the creation of large areas of contiguous open space, areas that shall not be considered restricted open space include:
A. Private roads and public road rights-of-way;
B. Parking areas, access ways and driveways within open space areas.
C. Other small fragmented or isolated open space areas that have a dimension less than one hundred (100) feet in any direction.
(5) Any area within the restricted open space that is disturbed during construction or otherwise not preserved in its natural state, other common areas such as required setback areas, and both sides of new streets shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(6) The restricted open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the general site plan.
(7) Restricted open space areas shall not be used for the location of common on-site wastewater disposal systems.
(b) Prohibition of Further Subdivision of Restricted Open Space. Restricted open space in a conservation development shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Village's Legal Advisor and duly recorded in the office of the Summit County Fiscal Office Recorder Division.
(c) Ownership of Restricted Open Space. The restricted open space shall be made subject to a perpetual conservation easement in a form approved by the Village in favor of an organization or agency acceptable to the Village. Conservation easements shall include the Village as third-party beneficiary of the terms of the easement with the right, but no obligation, to enforce the provisions of the easement.
(Ord. 21-2020. Passed 12-14-20.)