(a) Purpose. To ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows.
(b) Ownership and maintenance of open space.
(1) The City shall own and maintain neighborhood parks, community parks, district parks and public trails.
(2) Pocket parks, landscaped out-lots, and private recreational facilities shall be owned and maintained by a homeowners' association or the landowner.
(3) Environmentally sensitive, archaeological and historic resources may be dedicated to the City and maintained by the City if approved by the Board of Trustees.
(4) Conservation areas set aside as part of a conservation subdivision shall be owned and maintained by the homeowners' association.
(5) Storm water detention and retention areas that function as open space shall be owned and maintained by a homeowners' association or the landowner, unless otherwise approved by the City.
(6) Areas designated as open space shall be maintained according to the designated function of the area. Applicants shall work with the National Resources Conservation Service to develop a management plan which addresses: irrigation, revegetation, erosion control and weed management. If the area is to remain in private ownership, a mechanism which will assure maintenance will be funded in perpetuity must be in place at the time of final plat.
(c) Open space protection. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities if approved by the City.
(d) Open space requirements.
(1) Open space includes:
a. Areas within the community designated for the common use of the residents of an individual development and/or the community at large;
b. Areas designated for preservation and protection of environmental resources including floodplains, natural drainage ways, and wetland areas;
c. Areas impacted by subsidence;
d. Areas designated for agricultural preservation; and
e. Areas of archeological and historic significance.
(2) Open space shall not include the following:
a. Required setback areas around oil and gas production facilities;
b. Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space or that preserve environmental resources, unless approved by the Board of Trustees;
c. Private yards;
d. Tree lawns in street rights-of-way; or
e. Required parking lot landscaping associated with all uses, except parking specifically designated for access to open space areas and within commercial/industrial projects.
(3) Amount of open space required. The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for public recreation within walking distance of the site one-quarter (0.25) mile. However, all residential subdivisions shall dedicate a minimum of twelve percent (12%) of the gross land area for public parks, trails, open space or other civic purposes at the time of subdivision. Non-residential subdivisions shall dedicate twelve percent (12%) of the gross land area for public parks, trails, open space and other civic purposes at the time of subdivision. This dedication can be credited toward the overall open space required for the subdivision.
(Ord. 395 §3, 2016)