(a) Any further subdivision of the open space for uses other than those prescribed in this chapter and the approved PD plan or subdivision plat shall be prohibited.
(b) In all cases, the long-term control and protection of the open space shall be accomplished through the use of a conservation easement.
(c) The applicant may seek to dedicate the open space to the City of Wooster, however the City is not required to accept such dedication. If the open space is not dedicated to, and accepted by, the City, the long-term control and protection of the open space shall be accomplished through the use of a conservation easement in accordance with this section.
(d) Conservation Easements.
(1) At the time when an applicant records the plat for the approved subdivision or submits for a zoning certificate where no plat is required, a conservation easement shall be placed on all lands and private waters used to satisfy the open space requirements of this chapter. The conservation easement shall:
A. Run with the land, regardless of ownership;
B. Provide for protection of the land in perpetuity;
C. Be granted and deeded to the City, Wayne County, State of Ohio, park district, a City approved land trust, or other qualified organization approved by the Planning Commission and Law Director; and
D. Be solely for the purpose of ensuring the land remains undeveloped other than development of uses permitted by Section 1121.03(b).
(2) While the City, Wayne County, State, park district, City approved land trust, or other qualified organization may hold the conservation easement, the property itself shall still be owned by the original property owner, the developer (applicant of the subdivision), or a homeowners' or property owners' association. If it is to be owned by an association, the association's documents shall be recorded with the subdivision plat and a copy submitted to the Zoning Administrator to be maintained as part of the City's records.
(3) The conservation easement shall include information on how the property will be maintained by the property owner and shall also state that failure to maintain the property in accordance with the conservation easement agreements shall be considered a violation of this code. In addition, the holder of the easement may pursue any remedy provided by law or equity, including, but not limited to, the remedies in Section 5301.70 of the Ohio Revised Code.
(Ord. 2018-009. Passed 5-7-18.)
(Ord. 2018-009. Passed 5-7-18.)