(A) Except as provided in § 153.163, usable open space required to be provided by the developer in accordance with this subchapter shall not be dedicated to the public, but shall remain under the ownership and control of the developer (or his or her successor) or a homeowners' association or similar organization that satisfies the criteria established in § 153.164.
(B) The person or entity identified in division (A) above as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)