1. Minimum required open space for each district are found in articles VI and VII of this chapter, residential, commercial and light industrial district regulations.
2. Definition.
   1. The term "required" open space means an area that:
      1. Is not encumbered with any substantial structure,
      2. Is not devoted to any roadway, parking area or sidewalk,
      3. Is left in its natural or undisturbed state if wooded or otherwise environmentally sensitive, except for the development of pedestrian trails,
      4. May be developed for ball fields, picnic areas or other similar facilities or is properly landscaped if not wooded at the time of development,
      5. Is capable of being used and enjoyed for the purposes of informal and unstructured recreation and relaxation,
      6. Is accessible to the residents of the development of which it is a part where feasible and not detrimental to environmentally sensitive areas, and
      7. May include buffers as required in article X of this chapter.
   2. The term "required open space" does not include land which constitutes wetlands, stormwater management facilities, drainageways, floodplains and floodways.
3. Large Subdivisions. For subdivisions of more than 20 lots, a minimum of 50 percent of the required open space shall be located, designed for, and capable of supporting:
   

(1) Recreational activities, including uses such as ball fields, soccer fields or other play fields, (2) Multipurpose courts, tennis courts, basketball courts and similar facilities, (3) Swimming pools, play lots, tot lots and playgrounds, (4) Pedestrian and bicycle trails, and (5) Similar active and passive recreational uses, including accessory uses thereto.

(Ord. of 9-21-2006, § 5-1; Ord. 2025-06-0004, 6-26-2025)

1. A minimum of 100 square feet of active recreation space shall be provided for each townhouse and garden apartment dwelling unit. The following are illustrative of the facilities that shall be deemed to serve active recreational needs:
   1. Tennis courts, swimming pools, sauna and exercise rooms;
   2. Meeting or activity rooms, within clubhouses;
   3. Basketball courts;
   4. Swings and slides and other play apparatus.
2. Each development shall satisfy its active recreation requirement by installing the types of recreational facilities most likely to be suited to, and used by, the residents in that development. At least 15 percent of the active recreation space shall consist of tot lots.
3. Each active recreation area shall be centrally located and easily and safely accessible to the residents of the development.
4. Each active recreation area shall be constructed on land that is relatively flat, dry and capable of serving the purposes by this article.

(Ord. of 9-21-2006, § 5-2; Ord. of 6-27-2013(01), § 5-2)

All common open space and improvements, including all private roadways, driveways, parking lots, uses, facilities and buildings provided in a residential development shall be established and maintained in accordance with the following requirements:

1. The developer or owner shall organize and incorporate property owners' associations to ensure the preservation and maintenance of common open space and improvements.
2. Organizations established for this purpose shall meet the following requirements:
   1. Organizations shall be established and incorporated prior to the sale of any lots.
   2. All persons having ownership of property within the development shall have membership rights in those organizations.
   3. Organizations shall own and manage all common open space and improvements.
   4. All lands and improvements shall be described as to location, size, use and control in the declaration of covenants, conditions and restrictions. This declaration shall set forth the method of assessment for maintenance of common land and improvements. Covenants, conditions and restrictions shall run with the land and be in full force and effect for at least 20 years and shall be automatically extended for successive ten-year period, unless terminated in accordance with this section.
   5. Organizations shall not be dissolved nor shall they dispose of any common open space except to an organization established to own and maintain common open space, to the town or to another appropriate governmental agency.
3. Any undeveloped lots in a residential development shall be maintained by the developer, owner or property owners' association. Such lots shall be kept free of unsightly trash, debris, and dangerous materials.
4. Any private roadways created in any residential development shall provide guaranteed vehicular and pedestrian access for abutting lot owners and guaranteed access for public vehicles and public service employees.
5. The developer or owner shall submit with the application for preliminary plat or development plan approval a fiscal plan for a minimum of ten years, including adequate reserve funds, for the continuing preservation and proper maintenance and care of all lands, streets, facilities and uses under the purview of the property owner's organization.

(Ord. of 9-21-2006, § 5-3)