(A) Purpose and applicability.
(1) The purpose of this section is for the preservation of existing environmental resources and open space. These elements are of economic value to the town and make it a desirable place to live and visit.
(2) The requirements of this section apply to new developments with six or more residential dwelling units (major subdivisions) in which the construction of new roads is proposed. Developments in which all lots are five acres or more are exempt from this provision.
(B) General provisions for open space.
(1) Land designated as open space on the approved development plan shall be maintained as open space and may not be separately sold, subdivided or developed.
(2) Access from a public or private street shall be provided to all designated open space with a minimum 15-foot wide access to the open space area.
(3) Open space shall be contiguous wherever possible.
(4) Town plans, particularly park and open space plans, shall be considered when evaluating proposals for dedication.
(C) Minimum open space dedication.
(1) Open space shall be dedicated in accordance with the table below. Percentages are based on total development area.
Density | Percent Open Space |
Less than 1 unit per 5 acres (less than 0.2 DUA) | NA |
Between 1 unit per 5 acres and 1 unit per 2 acres (0.2-.0.5 DUA) | 10% |
More than 1 unit per 2 acres (more than 0.5 DUA) | 15% |
(2) Open space in major subdivisions to which the regulations of this section apply and which are designed for at least 15 residential dwelling units shall include at least one park area. For the purposes of this division (C)(2) park space may be combined with playground space as those terms are defined in division (D) below. The amount of park space required shall be computed by first allotting one-half acre of park space for the first 15 dwelling units proposed and adding an additional half acre of park space for every 50 dwelling units thereafter created. Park facilities required by this part may count toward a maximum of 50% of an applicant's open space dedication obligation under division (C)(1) above. It is recommended that the park space be designed and sited as one centralized contiguous park. If the park space required by this division (C)(2) is proposed to be broken into more than two non-contiguous smaller parks, then the area requirement shall be increased by 50%. The board or governing body charged with the responsibility of approving the proposed subdivision shall have and utilize discretion in approving multiple smaller parks (also known as pocket parks). If the proposed subdivision is to be a phased subdivision development, then the area of land that is to be the park area shall be defined prior to final plat approval and set aside and dedicated as such before beginning development of the initial phase; development of the park space situated in each phase, if any, shall proceed concurrently with the development of that phase. At least 10% of the park space required by this division (C)(2) shall be sited and located within the boundaries of the proposed first phase of development.
(D) Types of open space. All required open space shall be classified in accordance with this section. Dedicated open space shall fit into one of the following categories and be classified as private common area open space or public open space.
(1) Playground. Playgrounds are for active recreational use and provide sunny and shaded play equipment and play areas for children as well as open shelter with benches. Playgrounds may be part of other types of open space, such as parks, or may stand alone. Minimum size: 10,000 square feet. Maximum size: 20,000 square feet.
(2) Square. Squares are areas for passive recreational use. Squares shall be bounded by streets on a minimum of 50% of their perimeter. Squares are encouraged to be entirely bounded by streets and/or lanes. Squares shall be planted parallel to all streets and shall contain canopy trees along street frontages. Minimum size: 2,000 square feet. Maximum size: one acre.
(3) Park. Parks may be designed for passive and/or active recreational use. Parks shall be bounded by streets on a minimum of 10% of their perimeter. Large parks should create a central open space which services an entire neighborhood or group of neighborhoods; or incorporates physical features which are an asset to the community (i.e. lake or river frontage, high ground, significant stands of trees). Undergrowth should be limited and landscaping shall be installed in a manner that promotes attractiveness and safety. Parks may be combined with greenways and greenbelts and may include golf courses and community gardens. Minimum size: one acre.
(4) Green. The green is an open space which is more natural. Like the square, it is small and surrounded by buildings. Unlike the square, it is informally planted and may have irregular topography. Greens are usually landscaped with trees at the edges and open lawns at the center. Greens should contain no structures other than benches, pavilions, and memorials; paths are optional. Minimum size: 20,000 square feet.
(5) Greenway. Greenways are large, irregular open spaces designed to incorporate natural settings such as creeks and significant stands of trees within and between neighborhoods. Greenways are typically more natural and may contain irregular topography. Greenways shall be used for certain active recreational uses including, at a minimum, trails for walking, jogging, and biking. Greenways shall connect points of interest in the community such as schools, parks and other civic uses.
(6) Greenbelt. Greenbelts run along the perimeter of a neighborhood, and serve to buffer. neighborhood from surrounding non-compatible uses such as a highway corridor or industrial district, or a developed area from agricultural areas or adjacent towns. Greenbelts differ from the other types of open spaces in that they are left natural, and are not intended for recreational use.
(7) Agricultural preserve. Open spaces designated as Agricultural Preserves shall be used for active farming in the form of crop cultivation, the keeping of livestock, or equestrian facilities. Agricultural preserves are encouraged to protect areas of agricultural and rural heritage and promote compatible active agricultural operations. Minimum size: five acres.
(8) Nature preserve. Open spaces designated as Nature preserves shall be left largely undisturbed except for the optional clearing of underbrush for the provision of a walking trail (mulch or other natural material only). Nature preserve areas are encouraged to protect large stands of trees, wildlife, and natural water features. Nature preserves are the preferred form of open space for steep slopes in excess of 25% grade. Minimum size: three acres.
(E) Open space ownership and maintenance.
(1) Open space may be owned or administered by one or a combination of the following methods:
(a) Fee simple ownership by a unit of government or private non-profit land conservancy;
(b) Common ownership by Homeowners Association;
(c) Split deeded ownership by individual property owners within the subdivision;
(d) By individual private ownership such as a farmer, developer or other private entity that maintains the open space in accordance with the purposes of this section, (i.e. farming, equestrian facility and the like, excluding confined livestock operations); and/or
(e) Deed restricted open space easements on individual private properties.
(2) The Town Council shall have the authority to accept or reject land dedications made as a requirement of this section. They shall also have authority to sell land accepted pursuant to this section with the proceeds of the sale used only for the acquisition, expansion or improvement of recreation, park, or open space sites.
(3) The owner of dedicated open space shall be responsible for the continuing upkeep and proper maintenance of the same.
(4) In the case of common ownership by a Homeowners Association, the restrictive covenants shall provide that, in the event the Homeowners Association fails to maintain the open space according to the standards of this section, the town may, following reasonable notice, demand that deficiency of maintenance be corrected, or enter the open space to maintain it. The cost of the maintenance shall be charged to the Homeowners Association.
(5) The developer shall place in a conspicuous manner upon the final plat of the subdivision prior to final plat approval a notation concerning control of open space.
(6) The developer will provide proof of registration of the articles of incorporation with the appropriate state agency for the formation of the Homeowners Association to the Community Development Department.
(7) Homeowners' Associations or similar legal entities that are responsible for the maintenance and control of open space areas and common areas shall be established by the developer who shall record in the Register of Deeds a declaration of covenants and restrictions that will govern the association or similar legal entity. A copy of the recorded document shall be provided to the Administrator and the document shall include, but not be limited to, the following.
(a) Provision for the establishment of the association or similar entity is required before any lot in the development is sold or any building occupied and membership shall be mandatory for each homeowner and any successive buyer.
(b) The association or similar legal entity has clear legal authority to maintain and exercise control over the common open space areas.
(c) The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common areas. Further, assessments levied can become a lien on the property if allowed in the master deed establishing the homeowners association or similar legal entity.
(d) The open space restrictions must be permanent, not just for a period of years.
(e) The association or similar legal entity must be responsible for liability insurance, applicable taxes and the maintenance of open space and other facilities under their control.
(f) The association or similar legal entity must be able to adjust the assessment to meet changing needs.
(g) The association shall be responsible for maintaining all public storm water drainage systems and easements within the subdivision not being maintained by the town, county, state or other approved entity.
(h) It shall be expressly stated within the restrictive covenants/homeowners association documents that it will be the responsibility of the developer or successors or assigns to enforce such covenants or restrictions until such time as control has been transferred to the Homeowners Association Board of Directors. It shall be the sole responsibility of the developer, successor or assigns to correct any deficiencies prior to transfer of control over to the Homeowners Association Board of Directors.
(Ord. passed - -; Ord. passed 5-17-2007)