Land designated as open space shall be maintained as open space and may not be separately sold, subdivided or developed except as provided below.
(A) Open space provisions and maintenance plan required. Any areas reserved as open space shall be indicated on a preliminary and/or final subdivision plat. An open space provision and maintenance plan shall be submitted as a part of the application for development approval including the project phasing schedule. This plan shall designate and indicate the boundaries of all open-space areas required by this chapter. The plan shall:
(1) Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical and design characteristics of the site;
(2) Designate the type of open space which will be provided (passive or active). Passive and active open space are defined as follows.
(a) ACTIVE OPEN SPACE. Any park and recreational facility that is not dependent upon a specific environmental or natural resource, which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user. ACTIVE OPEN SPACE areas include, but are not limited to, playgrounds, bicycle trails, walking/exercise trails, baseball or softball fields, football or soccer fields, basketball courts, swimming pools, clubhouses, equestrian facilities and tennis courts.
(b) PASSIVE OPEN SPACE. Areas in and located due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of resource-based outdoor recreation activities that are less formalized or program-oriented than activity-based recreation. PASSIVE OPEN SPACE means and refers to activities requiring a natural condition that cannot easily be duplicated by man and includes, but is not limited to, boating, fishing, nature trails and nature study areas.
(3) Specify the manner in which the open space shall be perpetuated, maintained and administered; and
(4) 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.
(a) Passive open space maintenance is limited to removal of litter, dead tree and plant materials (that is obstructing pedestrian movement) and brush; weeding and mowing. Natural watercourses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.
(b) Active open space areas shall be accessible to all residents of the development and shall be maintained by the developer, and or the property or homeowner’s association.
(B) Greenways.
(1) Greenways connecting residences, schools and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances or unhealthy conditions.
(2) If a subdivision occurs along a corridor that has been identified by the adopted bicycle, pedestrian, and trail/greenway plan as having a future greenway, the subdivider shall be responsible for developing the greenway as part of the subdivision process. The greenway shall, at a minimum, meet the standards set forth in division (C)(7)(d)below. The acreage associated with the 25-foot easement may count toward the acreage required for public open space in § 154.054 of this chapter.
(C) Spacing and dimensional limitations. In order to ensure that all designated open space has suitable size, location, dimension, topography and general character, and proper road and/or pedestrian access, as may be appropriate, to be usable open space, the following standards shall apply.
(1) Open space should be within one-fourth of a mile from any lot upon which a dwelling is intended to be built.
(2) The minimum dimension for usable open space shall be 25 feet in width.
(D) Floodplain. A maximum of 10% of the overall required active open space shall be located in the floodplain.
(E) Use of storm water detention basins. Storm water retention areas or detention basins which may be required shall not qualify as an open space area. These areas shall be considered inaccessible open space.
(F) Required active open space. Subdividers shall be responsible for making certain improvements to the land they dedicate as open space within their development for park, playground and public active open space purposes as follows.
(1) A minimum of 0.05 acres of active open space per dwelling unit (lot) shall be provided for all subdivisions. For example, a subdivision containing 100 dwelling units shall be required to provide five acres of active open space for the development (0.05 x 100 lots = 5 acres). Active open space shall be considered a part of the overall open space required for the development.
(2) Subdividers shall provide finish grading and turf establishment for all disturbed areas and provide landscaping and/or screening.
(3) All proposed trails shall be a designed at a minimum width of ten feet and shall be paved. In addition, a 25-foot easement shall be provided to the town for any trail systems that are part of the proposed town greenway system.
(Ord. passed - -, § 1.5C)