(A) Minimum lot area, width, depth and lot coverage requirements for the townhouse site shall be as indicated in § 152.028.
(B) The yard requirements around the perimeter of townhouse projects with more than two attached townhouses shall be increased to 50 feet.
(C) The minimum number of townhouses attached to each other shall be two, and the maximum shall be eight.
(D) Any common areas and common open space shall be deeded to a homeowners’ association which meets the requirements of division (E)(4) below.
(E) Recreation and open space.
(1) Every person or corporation who establishes a townhouse project for residential purposes shall be required to dedicate a portion of such land for the purposes of park, recreation and open space sites to serve the residents of the townhouse project.
(2) The minimum amount of land that shall be proposed recreation, parks and open space areas shall include but not be limited to the following, as determined by the Town Board:
(a) Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The Town Board may require that parcels be connected, and may require the dedication of a connecting path of up to 60 feet, and in no case less than 30 feet in width, in addition to the land required in this division (E)(2);
(b) Location. The dedicated land shall be located so as to serve the recreation needs of the townhouse project;
(c) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement may be required to be up to 60 feet in width, and shall in no case be less than 30 feet in width;
(d) Usability. The dedicated land shall be usable from active recreation (play areas, ball fields, tennis courts or similar recreation uses). Lakes may not be included in computing the amount of land to be dedicated unless acceptable to the Town Board. If the Town Board determines that active recreation needs are being met by other dedicated parcels or existing recreation facilities, then land that is suitable for open space may be dedicated.
(3) The Town Board may, in cases of unusual exceptional nature, allow adjustments in the dedication requirements established in or required by this chapter.
(4) The land required by this section shall be deeded to a homeowners’ association. Where the land is deeded to a homeowners’ association, the developer or owner shall file with the Zoning Administrator, and record with the final townhouse project plat a declaration of covenants and restrictions, as well as regulations and bylaws that will govern the open space. Provisions shall include but not be limited to the following.
(a) The association shall be established before the homes are sold.
(b) Membership shall be mandatory for each home buyer and all successive buyers, unless another arrangement is approved by the Town Board which adequately protects the interest of the community and the owners.
(c) The association shall be responsible for the liability insurance, local taxes and maintenance of the recreation and other facilities.
(d) Any sums levied by the association that remain unpaid shall become a lien on the individual homeowner’s property, which shall be subordinate only to tax and mortgagee liens, unless another arrangement is approved by the Town Board which adequately protects the interests of the community and the owners.
(e) An owner of each dwelling unit or each homeowner shall have voting rights in the association.
(f) Uses of common property shall be appropriately limited.
(g) The following information shall be provided:
1. The name of the association;
2. The manner in which directors of the association are to be selected;
3. The post office address of the initial registered office;
4. The name of the city and county in which the registered office is located; and
5. The number of directors constituting the initial board of directors.
(h) Nothing herein shall be construed to limit the amount of privately controlled open space which may be included in this agreement, over and above the recreation and park site obligation.
(1992 Code, § 152.065) (Ord. passed 11- -1988) Penalty, see § 152.999.