The developer of each residential development requiring development approval shall set aside at least five hundred (500) square feet of open space for each dwelling unit. Such open space shall meet the standards of this section:
(1) Locational Criteria
To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, the developer shall give priority to their preservation through public park or greenway dedication or as private open space. In reviewing the location of private open areas, the Planning Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in a particular order):
(a) Wetlands;
(b) Flood Hazard Area;
(c) Lakes, rivers, and stream/UTB corridors;
(d) Wildlife migration corridors; and
(e) Steep slope areas.
(2) The Following Shall Not Be Counted Towards Private Open Space Areas:
(a) Private yards;
(b) Public or private streets or rights-of-way;
(c) Open parking areas and driveways for dwellings;
(d) Land covered by structures; and
(3) Use of Private Open Space
Private open space shall not be disturbed, developed, or improved, with any structures or buildings, except for the limited purposes allowed below.
(a) Facilities for active recreation (equipment for such uses shall be indicated on the development plan provided by the developer);
(b) Private open space may include passive recreational and educational purposes approved by the Planning Director, including but not limited to walking, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education, and wildlife habitat protection.
(c) Private open space shall be distributed throughout the development and located so as to be readily accessible and useable by residents. A portion of the open space should provide focal points for the neighborhood.
(d) Clearing of underbrush and debris and the provision of walks, fountains, fences, and other similar features are allowed.
(4) Design Criteria
Land set aside for private open space shall meet the following design criteria, as relevant:
(a) The lands shall be compact and contiguous unless the land shall be used as a continuation of an existing trail, or specific topographic features require a different configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor.
(b) Where private open areas, trails, parks, or other public spaces exist adjacent to the tract to be subdivided or developed, the private open space shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
(5) Ownership
All private open space shall be owned jointly or in common by the owners of the development.
(Ord. No. 05-001, 1-13-05; Ord. No. 2007-04, 3-22-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)