§ 6.06. Open Space Standards

A.

Open Space Defined

Open space is land and/or bodies of water used for recreation, amenity or buffer; it will be freely accessible to all residents of a development, where required by this chapter. Open space shall not be occupied by buildings or structures unless accessory to a permitted recreational use, roads, parking or road rights-of-way, utility easements, nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements. Retention basins may be counted towards up to forty percent (40%) of open space, provided that side slopes are 5:1 run:rise or flatter unless otherwise approved by the City Engineer.

B.

Open Space Plan

An open space plan will be submitted as a part of the application for a planned unit development, cluster subdivision or architecturally integrated cluster subdivision that designates:

1.

The areas to be reserved as open space and the specific design of open space areas;

2.

The type of open space that will be provided; and

3.

The manner in which the open space will be perpetuated, maintained and administered.

C.

Types of Open Space

The types of open space which may be provided to satisfy the requirements of this chapter, together with the maintenance required for each type, are as follows: (NOTE: Areas that are designated as permanent soil stock piling or borrow pits cannot be dedicated as open space.)

1.

Natural areas are areas of undisturbed vegetation. Woodlands, wetlands and stream buffers are specific types of natural areas. Maintenance is limited to removal of litter, dead trees, plant materials, and brush. Natural water courses are to be maintained as free flowing and devoid of debris. Stream channels will be maintained so as not to alter floodplain levels.

2.

Recreational areas are designed for specific, active recreational uses such as tot lots, tennis courts, swimming pools, ballfields and similar uses. Recreational areas will be accessible to all residents of the development. Maintenance is limited to insure that there exist no hazards, nuisances or unhealthy conditions.

3.

Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances or unhealthy conditions.

4.

Landscaped areas and lawns with or without trees and shrubs will be mowed regularly to insure neatness. Landscaped areas will be trimmed, cleaned and weeded regularly.

D.

Preservation and Maintenance of Open Space

Land designated as common open space may not be sold or developed and must be platted as a lot. Open space areas will be maintained so that their use and enjoyment as open spaces are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations thereof:

1.

Dedication of and acceptance by a registered land trust;

2.

Common ownership of the open space by a property owner's association which assumes full responsibility for its maintenance;

3.

Private ownership which will prevent development and/or subsequent subdivision of the open space land and provide the maintenance responsibility. Copy of approved and recorded plat must be submitted to the City prior to the issuance of a certificate of occupancy.

E.

Areas Not Allowed as Open Space

The following areas shall not count toward common open space set-aside requirements:

1.

Private lots, yards, balconies and patios dedicated for use by a specific unit;

2.

Electric or gas transmission line rights-of-way;

3.

Public right-of-way or private streets and drives;

4.

Open parking areas and driveways for dwellings;

5.

Land covered by structures except for ancillary structures associated with the use of the open space such as gazebos and picnic shelters;

6.

Designated outdoor storage areas;

7.

Land areas between buildings of less than forty (40) feet;

8.

Land areas between buildings and parking lots or driveways of less than forty (40) feet in width;

9.

Required setbacks; and

10.

Detention/retention facilities except as provided in this section.

F.

Open Space Linkages

Where a trail, natural area or public park is dedicated to or acquired by the City, such area may be credited toward the minimum amount of common open space required. Such areas also may qualify for density bonuses.

G.

Design Criteria for Open Space

All common open space lands shall meet the following design criteria, as relevant:

1.

Water bodies, retention areas, detention basins and wetlands basins, may constitute up to forty percent (40%) of required open space, provided that retention facilities are designed to provide safe access to water and detention facilities encompass at least ten thousand (10,000) square feet of area with less than two percent (2%) grade. Side slopes to retention and detention facilities shall provide at least six (6) feet of horizontal run for each foot of vertical rise.

2.

At least forty percent (40%) of required open space must be dry land with a slope of less than ten percent (10%) unless otherwise approved the City Council.

3.

Unless otherwise approved by the City Council, open space shall be continuous, contiguous with open space on abutting properties and accessible to the public.

H.

Connectivity Required

To the maximum extent practicable, common open space shall be organized to create integrated systems of open space that connect with the following types of lands located within or adjacent to the development:

1.

Dedicated public park or greenway lands;

2.

Dedicated school sites;

3.

Other dedicated open spaces;

4.

Common open space located adjacent to the development;

5.

Portions of the regional trail and open space system;

6.

Neighborhood shopping and activity centers; and

7.

Adjacent employment centers.

I.

Contiguity Required

To the maximum extent practicable, common open space land shall be compact and contiguous unless the land is used as a continuation of an existing greenway, trail, or other linear park, or unless specific topographic features require a different configuration. An example of such topographic features would be the provision of open space along a scenic creek. With the exceptions of trails, the minimum width of an open space parcel shall be one hundred (100) feet.

J.

Accessibility Required

Common open space shall be reasonably accessible to all of the residents of the development:

1.

At a minimum, pedestrian access to common open space shall occur every five-hundred (500) feet of linear length of common open space.

2.

Pedestrian access to common open space shall occur within five hundred (500) feet of every dwelling unit in the development.

3.

The City may require access to be restricted if it would degrade, destroy, or adversely interfere with sensitive environmental or natural areas or with significant historic or cultural resources.

4.

Where provided, access to common open space shall be a minimum of twenty-five (25) feet wide and shall be located where such access is visible to dwelling units and shall not be isolated by walls, screening, landscaping, or any other kind of barrier that would prevent resident surveillance of the open space.

K.

Open Space Amenities

Common open spaces, other than those preserved as natural features or areas, should include gardens, courtyards, recreation, or play areas and shall contain at least three (3) of the following features:

1.

Seasonal planting areas.

2.

Benches or other seating.

3.

Gazebos or other decorative shelters.

4.

Play structures for children.

5.

On-site community recreation amenities.