(A) (1) If any portion of any tract proposed for residential development lies within an area designated in an officially adopted town park plan as a neighborhood park or part of any proposed greenway system or bikeway system, the area so designated (not exceeding 5% of the total tract area) shall be included as part of the area set aside to satisfy the requirement of § 153.160.
(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 § 153.145 and to dedicate the common open space thereby created; or
(2) The town may purchase or condemn the land.
(C) The town reserves the right to accept a dedication of property that is not a part of an official town park plan if it sees fit to do so to meet the recreational needs of the development.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)