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The density transfer option is available in AG, RR, and R-1 Zoning Districts to establish a mechanism for cooperation between the county and land developers in providing open space and recreational lands in developing areas of the county.
(A) Criteria for use. This option shall only be permitted if one of the following two conditions are met:
(1) The County Park Board must determine that there is a need for public recreational land in the area proposed for development, and must agree to maintain the property if it is dedicated to the county; or
(2) Private maintenance provisions must be incorporated into the land development proposal.
(B) Minimum lot size. The minimum lot size permitted when utilizing the density transfer option shall be as stipulated in Table B in § 155.028, with the following criteria being utilized to govern the reduction of lot sizes from that which is normally permitted:
(1) Land with 0-25% slope receives full credit toward the reduction of lot sizes;
(2) Land with a slope of 25% or greater receives half-credit toward the reduction of lot sizes; and
(3) Land in flood zone areas receives half-credit toward the reduction of lot sizes.
(C) Sketch plan. Upon submittal of a sketch plan, as required by the County Subdivision Control Ordinance an advisory meeting shall be scheduled with the Planning Director to review the plan and discuss the possibility of utilizing the density transfer option. If the option is utilized, the preliminary and final plats of the subdivision shall accurately delineate slopes exceeding 25%, flood prone areas, and any other natural land feature that may influence building locations. Finally, that portion of the site which would be dedicated to the county otherwise protected shall be clearly delineated.
(D) Health Department approval. Any plan for development of property not served by a sewer system shall be required to have the State and County Health Department approval for suitability and adequacy of lots for septic systems.
(Prior Code, § 153.036) (Ord. 93-02, passed 2-1-1993)
It shall be the responsibility of the owner of any lot or parcel of land developed for any use, other than those listed in § 155.034, to obtain an improvement location permit from the office of the Zoning Administrator. If the site has significant potential for drainage and erosion problems as determined by the Administrator, or in consultation with the County Soil and Water Conservation District representative, then the issuance of this permit shall include the review and approval of a drainage and/or erosion control plan, as specified in this section, unless provision for drainage and erosion control has been handled under the Subdivision Control Ordinance.
(A) If required, an erosion control plan must be submitted as a part of an improvement location permit application. In addition to the information required herein, an erosion control plan must be submitted detailing measures to be implemented during and after construction on a form provided by the Zoning Administrator, or County Soil and Water Conservation District and approved by the Soil and Water Conservation District.
(B) All general development must comply with 327 I.A.C. 15-5-2. In addition, a notice of intent must be submitted and a permit received from the State Department of Environmental Management prior to issuance of an improvement location permit, if one of the following applies:
(1) If an individual home construction will disturb five acres or more;
(2) If commercial or industrial construction will disturb one acre or more based upon a lot size of one acre or more; or
(3) All strip development, unless the total combined disturbance on all individual lots, is less than one acre and is not part of a larger common plan of development and sale.
(C) Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil. Whenever possible, existing natural surface drainage may be utilized. To the maximum extent, there shall be no increased peak discharge or runoff rates as a result of the development unless downstream systems are sufficient to accept the discharge.
(D) Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When additional surface drainage is required, adequate easement for such drainage shall be provided.
(E) On site detention storage of stormwater shall be required where necessary as determined by the Administrator, or in conjunction with a County Soil Conservation District representative in order to prevent damage to adjoining properties.
(F) As required, a drainage plan must be submitted as a part of an improvement location permit. In addition to the information required herein, the Drainage Plan must include the following information:
(1) Existing and proposed grading showing positive drainage by contouring or sufficient spot elevations;
(2) Location of all existing or proposed swales, ditches, culverts, drainage channels, surface and subsurface drainage devices, and the direction of flow;
(3) Illustration of the surface drainage pattern of the site away from structures;
(4) Final distribution of surface water off-site, either preventing or planning for surface ponding;
(5) Demonstration of capability of accommodating the ten-year design rainfall intensity, or a rainfall of greater intensity, without endangering the public safety and health, or causing significant damage to property;
(6) A certificate of sufficiency that resembles the format as shown on the following page shall be submitted along with the plans; and
(7) Detention storage facilities, if required, shall submit the following additional information:
(a) Plans for storage of and a controlled release rate of excess stormwater with adequate detention storage to ensure that the release rate of stormwater following and during developments, redevelopments, and new construction shall not exceed the stormwater runoff from the land in its present state of development (present state of development means state of development as of January 1, 1993); and
(b) Detailed computations to show that peak rate following and during construction shall not exceed the stormwater runoff rate in its present state of development.
1. The computations must indicate that runoff will not be increased and must include computations of runoff before and after development.
2. The computations must demonstrate that the peak runoff rate after development for the 100-year return storm of critical duration will not exceed the ten-year period predevelopment peak runoff rate.
3. The critical duration storm is that storm duration that requires the greatest detention storage.
(G) (1) Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance, as originally constructed and as approved by the County Highway Department.
(2) Driveways or other approved structures may be constructed over these as permitted by the County Highway Department, with adequate provision for the flow of surface drainage.
(H) No permanent structures other than a fence may be erected, and, if erected in violation of this section, no such structure may be used if the location is within 75 feet of the center line of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch or as determined by the County Surveyor.
(I) No cut or fill grade shall exceed a slope of three to one ratio or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface areas, including cuts or fills on land naturally exceeding a three to one ratio in slope.
(J) (1) All lands, regardless of their slope, from which structures, or natural cover have been removed or otherwise destroyed, shall be appropriately graded or seeded within a reasonable time of such activity.
(2) The phrase “a reasonable time” shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
(3) Temporary vegetation or mulching shall be used to protect exposed areas during development.
(K) All drainage and erosion control systems must be safe to persons and maintained at all times. All land disturbing activities on site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time.
(Prior Code, § 153.037) (Ord. 93-02, passed 2-1-1993; Ord. 2009-19, passed 12-7-2009)
OVERLAY DISTRICT REGULATIONS
The following set of zoning requirements are applied to specific areas of the county in addition to the requirements of the underlying use districts. Development within overlay districts must conform to the requirements of both districts, or the more restrictive of the two.
(Prior Code, § 153.050) (Ord. 93-02, passed 2-1-1993)
(A) (1) The Riverfront Protection Overlay District is created as an overlay district and shall apply to land abutting the Wabash River, Eel River, and other creeks and tributaries as may, from time to time, be designated by amendment of this chapter by the Plan Commission.
(2) The Riverfront Protection District regulations shall be in addition to all other applicable zoning district standards. The Riverfront Protection District may have the effect of modifying the requirements, regulations, and procedures applying in the underlying district; providing there is no conflict of this chapter and other ordinances or state or federal law. If there is such a conflict, whichever ordinance or law is the most restrictive shall take precedence.
(B) (1) The River Protection Overlay District is of special and substantial public interest because it is a visual and environmental resource affecting substantial portions of the county. It is the general purpose and intent of these regulations to provide for maximum public benefit from any future development of the Riverfront Protection District through a sharing of the district land by different types of uses which are developed with a river orientation and with emphasis on the opportunity for enjoyment of river vistas and access to the river banks, continuity of river trails, and access to the rivers.
(2) It is further the intent of this chapter to provide for public access to the rivers, to eliminate or minimize adverse environmental impact, to improve scenic and aesthetic controls, to improve transportation coordination and capability, to better coordinate residential, recreation, commercial, and industrial land uses, and to promote tourism and economic development in areas adjacent to the rivers.
(C) The boundaries of this overlay district shall be 100 feet from the riverbank, which shall be defined as the landward edge of the “floodway area” as determined by the State Department of Natural Resources and for the Federal Emergency Management Agency, on both sides of the river or creek. In the absence of “Floodway Area” information, the 100-year flood boundary shall be used for measurement. For purposes of this section, reports entitled “Floodway: Flood Boundary and Floodway Maps” or the “FIRM: Flood Insurance Rate Map” for the county, which were prepared by the Federal Emergency Management Agency and effective August 3, 1981, shall be used. If more than 50% of a lot or parcel is within that defined boundary, the entire lot or parcel shall therefore be included as if it were entirely contained within that boundary.
(D) Prior to issuance of an improvement location permit for any change in the Riverfront Protection District, a person shall submit a request for approval of a change to the Plan Commission. For the purpose of the Riverfront Protection District, change shall mean:
(1) Construction, enlargement, or alteration of a structure, sign, or parking area, but not replacement of industrial machinery or fixtures which do not involve a structural alteration;
(2) Commencement of a different land use or occupancy;
(3) Filling, grading, clearing, or excavating of land including the removal of trees or other vegetation; and
(4) Emergency work specified herein. However, this does not include temporary flood or ice control measures when flooding or ice damage is imminent or present.
(E) The request for Development Plan approval in the Rivetfront Protection District shall be accompanied by the materials as specified in § 155.150, as well as the following additional information:
(1) The location, minimum size, and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open space and/or easement;
(2) The existing and proposed pedestrian and/or trail system;
(3) The proposed treatment of the perimeter of the site; including materials and techniques to be used such as screens, fences, walls, and landscaping;
(4) The relationship between this parcel and other developed parcels within the Riverfront Protection District, including building orientation and facade design;
(5) The height of the plat above sea level;
(6) Any data and information bearing on the flooding; and
(7) Other technical or statistical data which may be reasonably required by the Plan Commission.
(F) (1) The Plan Commission shall review the Development Plan submitted within the Riverfront Protection District according to the procedure set forth in § 155.150. In addition, the Commission shall review the Development Plan in relationship to any and all plans having a bearing on the Overlay District, including but not limited to: the Comprehensive Plan; the Park Master Plan; as well as any flood control measures; bank conservation treatment; and water quality controls or improvements which might be needed to support the proposal.
(2) If the Plan Commission determines that the proposal is not compatible with the Comprehensive Plan, or creates unreasonable hazard of flooding, or is not compatible with the aesthetic design of the District, it shall be deny the application. If the Plan Commission denies the application, it shall notify the petitioner stating the reasons for the denial.
(G) (1) No person shall commence activity in the Riverfront Protection District (described above) before a Development Plan is approved by the Plan Commission, unless it has been exempted under the terms of this chapter for emergency work by the Zoning Administrator.
(2) Emergency work may be commenced concurrent with an application for Development Plan approval when, without emergency work, there is imminent danger of personal injury or substantial damage to property. Any such emergency work is done solely at the risk of the person performing the work.
(3) An application for Development Plan shall be filed for review as soon as possible and not later than the first working day after repairs have commenced. No permit shall be issued for a change required to be reviewed under this chapter, unless the change has been approved by the Plan Commission or is proceeding as emergency work under concurrent review.
(4) If the Plan Commission subsequently denies the Development Plan for any change made pursuant to the “emergency work” provisions of this division (G), the person shall, upon notification of the denial, immediately quit any such occupancy and use and shall restore the premises to its condition prior to commencement of the emergency work.
(Prior Code, § 153.052) (Ord. 93-02, passed 2-1-1993)
(A) (1) Planned Developments may be permitted in any District, subject to the purposes and standards of this section. It is the intent of this chapter that the procedure for approval of a Planned Development Overlay District generally follow Zone Map Amendment procedure as specified herein and in I.C. 36-7-4-608
. In addition, as part of approval of a Planned Development Overlay District, a primary and secondary plan of the Planned Development shall be filed and approved. All development shall comply with the approved plans.
(2) However, it is also the intent of this chapter that subdivision plat approval, as may be required by the Subdivision Control Ordinance, may be obtained simultaneously as the Planned Development approval, if requested by the owner/developer.
(B) The following general standards and purposes apply to Planned Development Overlay Districts:
(1) Planned Developments provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and with the intent of this chapter. The use of Planned Development Overlay Districts shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas, and/or foster the creation of attractive, healthful, efficient, and stable environments for living, shopping, or working;
(2) The Planned Development regulations and procedures may apply to the development of presently developed lands, or open or vacant lands, and may apply to parcels of relatively small size, as well as large-scale developments, and their relationship with other surrounding uses and the overall characteristic of the area in which located;
(3) (a) Planned Development regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design, and layout of sites and structures, and by the conservation and more efficient use and provision of open spaces and other amenities generally enhancing the quality of life.
(b) With Planned Development approval, the Commission may approve development with smaller lot sizes, lesser setbacks, and with variation to other standards contained in this chapter than would normally be allowed; provided adequate open space and/or other special amenities are provided; and
(4) Planned Development projects should also encourage a more efficient use of land which reflects the changes in the technology of land development, so that resulting economies may accrue to the benefit of the community at large.
(C) The following design standards apply to Planned Developments.
(1) The area of land to be developed shall not be less than four acres for residential, commercial, or institutional Planned Developments, and shall not be less than five acres for industrial Planned Developments.
(4) The use of the land shall not differ substantially from the uses permitted in the underlying district in which the Planned Development is located, except limited business uses, intended to serve only a residential Planned Development and fully integrated into the design of the project, may be considered.
(5) All applicable design and construction standards of the Subdivision Control Ordinance shall be met for Planned Developments requiring subdivision approval.
(6) Open space shall be provided to the extent necessary as further specified herein, so that the Planned Development meets the standards of this chapter.
(7) Drainage systems shall be provided that meet the standards hereof and the standards of the Subdivision Control Ordinance, if applicable. Planned Developments which include retention ponds as part of a drainage system, may use the retention pond area when calculating for open space.
(8) Principal vehicular access to the development shall be from roads capable of supporting existing traffic and the traffic that will be generated by the development. Access points shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic in compliance with § 155.032. No streets or roads within the development shall connect to exterior streets in any such way as to encourage use of local streets as through-streets.
(9) Walkways shall be provided to form a logical, safe, and convenient system. All walkways shall be located to minimize contacts with normal automotive traffic, with street crossings held to a minimum.
(10) Private street right-of-ways and pavements in a Planned Development shall be constructed in conformity with the minimum street specifications prescribed by the Subdivision Control Ordinance.
(11) If topographical or other barriers are not sufficient to assure the privacy of the development from adjacent or facing properties, the following requirements shall be imposed.
(a) Structures on the perimeter must be setback sufficiently to protect their privacy and amenity; and
(b) Screening the perimeter beyond normal bufferyards required by this chapter shall also be required so as to protect the development.
(12) The requirements determining the spacing of structures shall be as flexible as possible so as to encourage imaginative site design. The spaces between structures shall guarantee adequate light, air, and emergency access. The minimum distance between the nearest points of any exterior structure walls shall not be less than 30 feet, except that for residential structures (not exceeding two stories in height), external end walls with no opening therein shall not be less than ten feet apart.
(D) The approval procedure for a Planned Development shall be as described below. The Planned Development requires primary approval from the Plan Commission and the Board of County Commissioners and secondary approval by the Plan Commission. A primary plan of the entire Planned Development area shall be filed with and approved as a part of the Planned Development Overlay District approval. All secondary plans shall be consistent with the approved primary plan.
(1) Prior to submission of a Planned Development for primary approval, an optional step, the pre-application conference, is encouraged. At the pre-application conference, the developer shall discuss all aspects of the proposed development, including rough sketches of site and building plans, with the Zoning Administrator. This meeting may be combined with the pre-application meeting suggested by the Subdivision Control Ordinance.
(2) Formal application for primary approval of a Planned Development shall be as follows. This approval may proceed simultaneously with primary plat approval required by the Subdivision Control Ordinance, where applicable. The developer desiring primary approval shall submit an application signed by all owners of the real estate involved, a filing fee and a primary plan showing the following:
(a) The proposed layout of street, open space and other basic elements of the plan;
(b) The general identification of location and types of structures and their use categories within the area, including proposed densities of the uses;
(c) A proposal for handling traffic, parking, sewage disposal, drainage, tree preservation and removal, lighting, signage, and other pertinent development features;
(d) A plan for drainage and erosion control as specified herein and as specified in the Subdivision Control Ordinance, where applicable;
(e) A separate location map to scale shall show the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land;
(f) A general statement of the covenants to be made a part of the Planned Development, as well as the estimated time of development;
(g) A statement of the proposed order of development of the major elements of the project, including whether the development will be in phases, and, if so, the order and content of each phase;
(h) An Open Space Plan which designates and indicates the boundaries of all open space areas required by division (F) below. 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; and
3. Specify the manner in which the open space shall be perpetuated, maintained, and administered.
(i) Any other information that may be required for primary plat approval by the Subdivision Control Ordinance, where applicable. The filing of a primary plat which meets Subdivision Control Ordinance standards shall be sufficient documentation for that part of a Planned Development being subdivided, except for the Open Space Plan which shall be filed for the entire Planned Development.
(3) Complete applications for primary approval, as determined by the Zoning Administrator, will be docketed for public hearing before the Plan Commission. The date for a hearing shall be no later than 30 days after a complete application is filed.
(4) At least ten days before the hearing, notice of the hearing shall be published in accordance with I.C. 5-3-1
and also sent to the petitioner and interested parties, as defined by Plan Commission rules.
(5) Copies of the Planned Development shall be submitted to any technical review agencies, as defined by Plan Commission rules for comment prior to the hearing.
(6) The Plan Commission, or technical review agencies, may visit the site anytime during the review process.
(7) The Plan Commission shall hold the pubic hearing prior to making a recommendation to the Board of County Commissioners on a primary application pursuant to the procedure herein and I.C. 36-7-4-608
. This public hearing may be held at the same time as the primary plat hearing as required by the Subdivision Control Ordinance, if applicable.
(8) The Board of County Commissioners, following receipt of recommendations from the Plan Commission, shall act upon the primary plan of the Planned Development pursuant to the procedure herein.
(a) Approval of the primary plan of the Planned Development by the Board of County Commissioners shall constitute establishment of the Planned Development Overlay District for the development site.
(b) All secondary plans and subdivision plats shall be in substantial compliance with the approved primary plan, except where provided by this chapter.
(c) Primary approval of the Planned Development by the Board of County Commissioners does not constitute primary approval of a subdivision plat. This authority lies with the Plan Commission. Primary approval of a subdivision plat granted by the Plan Commission, however, cannot be effective until the Planned Development is granted primary approval by the Board of County Commissioners.
(9) Primary approval shall be valid for one year from the date of approval by the Board of County Commissioners unless an extension is granted by the Board of County Commissioners. The Board of County Commissioners may establish time limits of less than one year on any, or all, conditions of primary approval. The Board of County Commissioners may also allow the Planned Development to be filed for secondary approval in phases. In this case, the Board of County Commissioners shall specify reasonable expiration dates for each phase at the time of primary approval. If secondary approval is not granted before the specified expiration, or expirations, for any phase, primary approval shall be null and void for any or all remaining phases of the primary plan which has not received secondary approval to that time. The Board of County Commissioners may reasonably extend the expiration date(s) upon request of the developer.
(10) After any conditions of primary approval have been met, but before any development takes place, the developer may request secondary approval for all of or one phase of the Planned Development from the Plan Commission. This approval may be done simultaneously with secondary plat approval provided all construction plans and other requirements of the Subdivision Control Ordinance have been met. Requests for secondary approval shall be accompanied by an application, a filing fee, and a secondary plan showing the following:
(a) All requirements for a Development Plan as listed herein, for any part of the Planned Development not being subdivided;
(b) All information required for primary approval herein;
(c) All applicable information required by the Subdivision Control Ordinance, if secondary plat approval has been requested for all, or a phase of the development. The filing of a secondary subdivision plat as required by the Subdivision Control Ordinance shall be sufficient documentation for that part of any Planned Development that is being subdivided;
(d) All documentation that is necessary that indicates that all construction plans for the development, or phase of development, has been approved by the applicable utility or governmental agency and that adequate financial guarantees have been filed as required by the Subdivision Control Ordinance; and
(e) All documentation that is necessary that indicates that required open space is being provided and will be maintained in compliance with this chapter.
(11) The Plan Commission shall then approve the secondary plan upon an affirmative finding that the plan is consistent with the approved primary plan as approved by the Board of County Commissioners upon rezoning. The secondary plan, or a phase thereof, which has been granted approval shall be certified by the Plan Commission and recorded by the developer in the County Recorder’s office before any development shall take place.
(12) Secondary approval of a Planned Development may be considered approval of any Development Plans required by § 155.150.
(13) Secondary approval shall expire after a period of one year unless the approved secondary plan has been recorded and is 50% of more completed in terms of public improvements including streets, parks, open space, walkways, utility installations, drainage system and sanitary sewers. Determination of the amount of completion shall be made by the Zoning Administrator. For Planned Developments where approval has expired, new secondary approval according to the procedure of this chapter shall be requested.
(14) In the event that no approval of a secondary plat is obtained within one year following primary approval for all, or a phase of, a Planned Development, the Plan Commission, or Board of County Commissioners may initiate an amendment of this chapter following the procedure to remove the Planned Development Overlay District designation of any property.
(15) In the exercise of continuing jurisdiction of Planned Developments, the Administrator may, from time to time, approve only minor modifications of the approved secondary plan of the Planned Development in a manner consistent with the approved primary plan of the Planned Development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or general structure location, any change in type of use, any change in access points, any item contrary to the Subdivision Control Ordinance procedure, or any item which changes the recorded secondary plan or covenants.
(E) The Plan Commission and/or County Commissioners may require, based upon the approved primary plan, the recording of covenants for any reasonable purpose, including, but not limited to, imposing standards for development of property in a Planned Development.
(1) Covenants, when, and if, required by the Plan Commission or Board of County Commissioners shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the Commission President and Secretary upon authorization by the Plan Commission and all of the owners of property in the Planned Development for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan Commission, and shall be specifically enforceable by the Plan Commission.
(2) The Plan Commission or Board of County Commissioners may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to: the allocation of land by the petitioner for public roads, parks, schools, recreational facilities; and other public and semi-public purposes. Such covenants shall provide that if a governmental unit, or agency thereof, does not proceed with acquisition within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the developers shall then submit, for approval by the Plan Commission, a modified secondary plan for such land, otherwise consistent with the approved primary plan of the Planned Development.
(F) The Plan Commission and Board of County Commissioners, in their approval of Planned Developments, shall be assured all public and common facilities will be adequately constructed and maintained.
(1) For Planned Developments, including any portion of the development not subject to the Subdivision Control Ordinance, the developer shall be required to provide financial guarantees for the satisfactory installation of all public facilities according to the provisions of the Subdivision Control Ordinance.
(2) For all Planned Developments with facilities to be privately, or commonly, maintained, adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, including private streets jointly shared by such property owners, if such facilities are a part of the Planned Development, and, in such instance, legal assurances shall be provided which show that the private organization is self-perpetuating.
(a) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(b) All private streets shall be maintained by the above mentioned private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(G) In the approval of a Planned Development with a decrease of lot sizes, setbacks, or other standards, common, or public, open space shall be required. Land which is required by this chapter to remain as open space may be used for the recreation, agriculture, resource protection, or other purposes specified in this section. Open space land shall be freely accessible to all residents of a Planned Development, with the exception of land to be used for agriculture. Open space land shall not be occupied by nonrecreational structures or roads, nor shall it include the yards or lots of single or multi- family dwelling units required to meet the minimum standards of parking areas.
(1) Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed, except as provided below.
(2) 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) Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead tree and plant materials, and brush. 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) Agricultural uses has no specific maintenance required;
(c) Garden plots for cultivation as gardens by residents has no specific maintenance required;
(d) Recreational areas are areas designated for specific, active recreational uses, such as totlots, tennis courts, swimming pools, ballfields, and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances, or unhealthy conditions;
(e) GREENWAYS are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances, or unhealthy conditions; and
(f) Lawns have no specific maintenance required, except that they be mowed to ensure neatness.
(3) All designated open space shall be large enough to be usable open space. The minimum dimension for usable open space shall be ten feet, and the minimum area shall be 100 square feet.
(4) Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as required by this section by any of the following mechanisms, or combinations thereof:
(a) Dedication of open space to the County Park Board or an appropriate public agency, if there is a public agency willing to accept the dedication;
(b) Common ownership of the open space by a homeowner’s association which assumes full responsibility for its maintenance; and/or
(c) Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance responsibility.
(5) In the event that any private owner fails to maintain the open space according to the standards of this section, the county may, in accordance with the Open Space Plan and following reasonable notice and demand that deficiency of maintenance be corrected, enter the open space to maintain same. The cost of the maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
(Prior Code, § 153.053) (Ord. 93-02, passed 2-1-1993)
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