A. If a proposed development will include at least 40 units (in one phase or a combination of phases), the subdivider shall be required to plat a minimum of one acre of open space for each 40 dwelling units to be constructed when the gross density of such development is three dwelling units per acre or greater. A dwelling unit shall be defined as a single-family home, condominium unit, apartment/rental unit, or villaminium unit, or a duplex rental unit.
The subdivider shall permanently dedicate the aforementioned open space acreage for recreational purposes. The land may be deeded by the subdivider to the city, if accepted by the city and the Park Board, or to a duly organized homeowners' association within the subdivision. The Plan Commission shall have final approval as to the use and location of dedicated open space.
B. Pedestrianway/crosswalks. Pedestrianways/ crosswalks shall be considered “open space.” In blocks over 1,000 feet in length, pedestrianways or crosswalks, such walks shall be required, such walks shall have at least 12 feet width/right-of-way. Said pedestrianways at other appropriate places and at the end of cul-de-sacs may be required by the Commission when it deems such ways are desirable so as to provide for pedestrian/bicycle circulation or access to neighboring uses. Pedestrianway/Crosswalks independent of an existing street or road shall be constructed as required for a sidewalk. (Refer also to § 4.21A.)
In determining whether pedestrianways are required, the Commission shall consider methods of maintaining such ways and their usefulness in providing access to any open spaces, water areas, recreation areas, schools, churches, and other surrounding uses. Pedestrianways shall be perpetual, unobstructed easements. Maintenance may be assigned to the developer, a home owners' association or dedicated to the city. The landscaping material depicted upon the approved plat shall be considered a binding element of the project.
C. Natural feature preservation. Existing natural features which add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision and may be incorporated into dedicated open space.
D. Open space layout and landscaping. Easements, crosswalks, and road frontage to provide public access to the open space shall be shown on the secondary plat. The landscaping materials depicted upon the approved plat shall be considered a binding element of the project. Plant material which exhibits evidence of insect pests, disease, and/or damage shall be removed and replaced within the next growing season. This maintenance responsibility shall rest with the developer and subsequent owners for the duration of the subdivision.
E. Conservation areas. Land within a proposed subdivision which is located in a flood plain and/or flood fringe area as described in § 4.08E.8. and 9. of this ordinance may be referred to as Conservation Areas and considered in the Open Space category; such land may be treated in the manner described above in division 4.24D.
(1980 Code, Ch. 154, § 4.24) (Ord. 2001-4, passed 3-27-2001)