(A) Except as provided in division (C) below, every residential development shall be developed so that at least 5% of the total area of the development remains permanently as usable open space.
(B) For purposes of this section, USABLE OPEN SPACE means an area that is:
(1) Not encumbered with any substantial structure;
(2) Not devoted to use as a roadway, parking area, or sidewalk;
(3) Still in its natural or undisturbed state, as of the date development began (if wooded), except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in division (4) below;
(4) Capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;
(5) Legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required pursuant to § 152.304; and
(6) Consisting of land no more than 50% of which lies within a floodplain or floodway as those terms are defined in § 152.405.
(C) Subdivided residential developments of less than 15 dwelling units are exempt from the requirements of this section unless the town agrees that it will accept an offer of dedication of such development’s open space, and in that case, the offer of dedication shall be made (by the developer).
(Ord. passed 12-20-2001)