§ 152.304 DEDICATION OF OPEN SPACE.

   (A)   (1)   If any portion of any lot proposed for residential development lies within an area designated on an officially adopted recreation master plan (or similar plan) such as a neighborhood park or part of the greenway system or bikeway system, then the area so designated (not exceeding 5% of the total lot area) shall be included as part of the area set aside to satisfy the requirement of § 152.302.

      (2)   This area shall be dedicated to public use.

   (B)   If more than 5% of a lot proposed for residential development lies within an area designated as provided in division (A) above, the town may attempt to acquire the additional land in the following manner.

      (1)   The developer may be encouraged to resort to the procedures authorized in §§ 152.286 and 152.287 and to dedicate the common open space thereby created.

      (2)   The town may purchase or condemn the land.

(Ord. passed 12-20-2001) Penalty, see § 152.999