Minimum Restricted Open Space. A minimum of twenty percent (20%) of the total project area shall be devoted to restricted open space. The restricted open space shall comply with the following:
(a) General Standards.
(1) The restricted open space shall be located and designed to the satisfaction of the Planning Commission and shall:
A. Be sufficiently aggregated to create large areas of planned open space;
B. Conserve significant topographic and natural features to the extent practicable;
C. Be easily accessible to residents of the PURD;
D. Have a minimum street frontage of twenty (20) feet and not less than twenty (20) feet in width at any point.
E. Be connected with open space areas on abutting parcels, wherever possible, by open space corridors.
(2) Land area devoted to the following shall not be included as meeting the restricted open space requirement:
A. Public rights-of-way;
B. Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the restricted open space;
C. Required setbacks for buildings and parking areas from the project boundaries, and public streets, unless the required setback is contiguous to and part of a larger area of restricted open space;
D. Required spacing between buildings and between buildings and parking areas;
E. Private yards within subdivided lots;
F. A minimum of fifteen (15) feet between buildings and restricted open space.
(3) Areas designated for restricted open space purposes may be:
A. Preserved in their natural state as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or
B. Used for outdoor active or passive recreation for the use and/or enjoyment of the residents of the proposed development. Any restricted open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.
(4) Any area within the restricted open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(5) Such restricted open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(b) Prohibition of Further Subdivision of Restricted Open Space. Restricted open space shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City Attorney and duly recorded in the Office of the Recorder of Deeds of Williams County.
(c) Ownership of Restricted Open Space. Subject to such permanent restriction as set forth above, restricted open space may be owned by an association, the City, or a land trust or other conservation organization recognized by the City.
(Ord. 62-2023. Passed 1-16-24.)