(1) Preservation of natural beauty and aesthetics.
(a) The plan shall, by notes on the final plan and/or deed restrictions, not allow the clearing of trees in areas where tree cover is depicted on the plan for a period of at least five years from the date of Planning Board approval. Mandatory buffers for stormwater or other reasons depicted on the plan shall not be cleared of vegetation unless the Planning Board grants an amendment to the subdivision or for maintenance that does not alter the purpose for which the buffer was required.
(b) The plan shall include the planting of street trees. Street trees shall be of a variety capable of withstanding winter street maintenance and planted no more than 50 feet apart.
(2) Reservation or dedication and maintenance of open space and common land, facilities and services.
(a) All open space common land, facilities and property shall be owned by:
[1] The owners of the lots or dwelling units by means of a lot owners' association;
[2] An association which has as its principal purpose the conservation or preservation of land in essentially its natural condition; or
[3] The Town of Windham, subject to the approval of the Windham Town Council.
(b) Further subdivision of the common land or open space and its use for other than noncommercial recreation, agriculture, or conservation purposes, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to noncommercial recreational or conservation uses may be erected on the common land.
(c) The common land or open space shall be shown on the final plan with appropriate notations on the plan to indicate:
[1] It shall not be used for future building lots; and
[2] Which portions of the open space, if any, may be dedicated for acceptance by the municipality.
