(A) Except as provided in division (C) below, all residential subdivisions containing 31 or more single-family or duplex houses, or multi-family developments containing ten or more dwelling units, or planned unit developments shall be developed so that a minimum of 5% of the total area of the development remains as usable open space. For purposes of this chapter, the term DEVELOPMENT refers to the entire development developed out of a single tract or contiguous multiple tracts under common ownership regardless of whether the development is constructed in phases or stages.
(B) For purposes of this section, USABLE OPEN SPACE means an area that:
(1) Is not encumbered with any substantial structure;
(2) Is not devoted to use as a street (including right-of-way), parking area or sidewalk;
(3) Is left in its natural or undisturbed state if wooded (as of the date development began), or is properly planted and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives set forth in division (B)(4) below;
(4) Is protected with a conservation easement to ensure the preservation and maintenance of such open space in perpetuity;
(5) Is capable of being used and enjoyed for purposes of recreation and relaxation; and
(6) Is 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 § 153.163.
(C) With respect to multi-family developments, any common open space that meets the criteria established in division (B) above may be used to satisfy the 5% requirement of this section. With respect to single-family or duplex subdivisions, any common open space meeting the criteria established in division (B) above that results from resort to the provisions of § 153.145 may be used to satisfy the 5% requirement of this section.
(D) Residential subdivisions that are not required to provide usable open space may provide said open space if:
(1) The town, a homeowners' association or similar organization that satisfies the criteria set forth in § 153.164 agrees that it will accept an offer of dedication of such open space, and in that case the offer of dedication shall be made; and
(2) The town, the homeowners' association or similar organization that satisfies the criteria set forth in § 153.164 agrees to become the holder of the required conservation easement, in which case it will execute a legally binding agreement governing the preservation and maintenance of the open space and be responsible for upholding the terms of that easement.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)