A. Dedicated Open Space Plan: The dedicated open space plan shall include the following information on a map of an appropriate scale and may be accompanied by any associated documents as may be necessary:
1. The boundaries and legal description of all dedicated open space areas;
2. Existing distinctive natural characteristics including, but not limited to, prime agricultural land and topographical elements;
3. The dedicated open space uses;
4. Depiction of all impervious surfaces including, but not limited to, structure footprints, driveways, or roadways; and
5. Description of the manner in which the dedicated open space area shall be maintained, managed, and administered.
B. Required Dedicated Open Space:
1. Planned Unit Development: Not less than ten percent (10%) of residential areas of planned unit developments shall be designated as, and used exclusively for, dedicated open space, as set forth in this article.
C. Allowed Open Space Uses: The allowed open space uses shall include, but not be limited to, the following:
1. Natural areas;
2. Agriculture;
3. Community garden plots for cultivation by residents;
4. Recreational areas designed for specific passive and/or active recreational uses including, but not limited to, golf courses, tot lots, tennis courts, swimming pools, and ball fields;
5. Greenways identified on the adopted Ada County ridge to rivers pathway plan;
6. Lawns or ground cover with or without trees;
7. Riding trails and common pasture;
8. Use associated with a historic structure; or
9. Any combination of uses listed above.
D. Ownership: Dedicated open space shall be held in one or more of the following methods of ownership:
1. Condominium: If ownership of the proposed development is held as a condominium in conformance with Idaho Code, title 55, chapter 15, the dedicated open space may be held as a common area of the condominium.
2. Homeowners' Association: The dedicated open space may be held in common ownership by an incorporated homeowners' association.
3. Fee Simple Dedication:
a. The dedicated open space may be dedicated to a federal, state, or municipal government body empowered to hold an interest in real property subject to the laws of Idaho or the United States, or a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreation, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
b. The applicant or owner shall submit for county review and approval any offer of dedication and the terms and conditions thereof that demonstrate the dedicated open space shall be maintained as dedicated open space.
c. The board may, but shall not be required to, accept any portion or portions of the dedicated open space, provided the land is accessible to the residents of the county, there is no cost of acquisition other than any costs incident to ownership, such as title insurance, and the board agrees to and has access to maintain such lands.
E. Maintenance Requirement: In the event any owner of dedicated open space fails to maintain same according to the standards of this title, Ada County may, in accord with the dedicated open space plan and following reasonable notice, demand that deficiency of maintenance be corrected and enter the dedicated open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the dedicated open space.
F. Improvements: Required improvements including, but not limited to, landscaping and recreation facilities within the dedicated open space areas shall be provided by the applicant or owner. A surety agreement, as set forth in article K of this chapter, may be required to cover costs of installation or maintenance of such improvements. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 699, 6-18-2008)