Prior to obtaining secondary plat approval, the petitioner shall file documentary assurances with the town that the permanent dedication and continuous maintenance of open space shall be made in accordance with the development plan approved by the Plan Commission, and that the common areas and recreation areas shall be made available to the residents of the overall subdivision at a reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the office of the County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Plan Commission. Such open space shall perpetually run with the subdivision section and shall not be developed or separated from the subdivision section at a later date (unless no development of any portion of the overall subdivision which utilizes the open space contained within that subdivision section for the purpose of lot area reductions has occurred and the entire area subject to the subdivision section is presented for replat).
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004)