(A) Applicability. This section applies to all residential major subdivisions containing five or more dwelling units. All residential developments must set aside open space according to this section.
(B) Minimum open space.
(1) Minimum. The minimum open space required for each development, as a percentage of its gross acreage:
Zoning District | Minimum Open Space Required |
R-1 | 5% |
R-2 | 8% |
R-3 | 10% |
R-4 | 12% |
R-5 | 15% |
(2) Exemption. Residential developments with a gross density of 0.33 dwelling units per acre or less are exempted from providing open space under this article.
(3) Plantings. Open space must be supplemented with tree plantings according to the minimum lot landscaping requirements of § 154.110.
(C) Access. A public way, crosswalk, or easement not less than 15 feet in width must be provided for access to required open space.
(D) Connectivity. Open space should be placed adjacent to or connected to existing or proposed open space located within the development and/or on adjoining properties. The town's goal is an interconnected open space network throughout the town, not islands of green space within individual subdivisions. (See Town of Bargersville Parks and Recreation Master Plan). Open space should be located within reasonable walking distance to the uses it serves, except when the open space is used to preserve existing features.
(E) Open space ownership. The ownership and maintenance of open space, common areas, and amenities must be documented and recorded to protect them from future development and to make sure they are properly maintained.
(F) Open space and development amenity improvements.
(1) Approval. Open space and amenity improvements (e.g., fencing, walls, mounds, pathways, playgrounds, amenities) must be installed according to a site plan reviewed and approved by the Administrator, according to § 154.180.
(2) Timing of installation. Open space and amenity improvements must be installed within 12 months of the issuance date of the first building permit in the secondary plat containing the open space and amenity improvements.
(G) Qualifying site features.
(1) A maximum of 50% of required open space may come from: wetlands, third party regulated utility easements existing prior to the development of the property (e.g., gas or oil pipelines) and equivalent land, as determined by the Plan Commission or Administrator.
(2) Detention and retention areas may only qualify as open space if they are located and designed for public use and benefit as an amenity to the development, such as providing active or passive recreation opportunities accessible to the residents of the neighborhood.
(3) Tree preservation areas, as set forth in § 154.110, may qualify towards required open space if placed within common areas or recorded protective easement such as a landscape easement, tree preservation easement, or conservation easement.
(4) Required perimeter buffer yards and external street frontage landscaping areas do not qualify toward the required open space.
(H) Amenity center construction timing. Amenity center facilities must be installed or constructed the earlier of: (1) the sale of 75% of the total lots in the subdivision; (2) upon construction of 65% of the primary structures; or (3) upon construction of 95% of the primary structures within any given phase of the subdivision.
(Ord. 2022-17, passed 7-19-2022)