(a) The area of common open space shall not be less than twenty percent (20%) of the total land area of a PUD containing any residential units and not less than ten percent (10%) of the total land area in non-residential developments.
(b) All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors and other users of the development. The minimum size of any individual open space area shall be sufficient to achieve the visual and functional intent of the open space provisions and not simply be a remnant piece of land. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.
(c) If the site contains a river, stream or other body of water, the Village may require that a portion of the required open space abuts the body of water.
(d) All open space set-aside areas shall be owned and maintained jointly or in common by the owners of the development through a recognized Homeowner's or Property Owner's Association.
(e) For purposes of the PUD requirements, "common open space" is defined as an area of land or water, or a combination of land and water, designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational or cultural uses.
(f) Areas Not Considered Open Space. The following land areas shall not be counted as required open space for the purposes of this section.
(1) The area within any public street right-of-way or private street easement.
(2) Storm water detention ponds; provided, rain gardens or ponds designed as water features that may also provide for storm water storage may be counted toward required open space.
(3) The area within a platted lot, unless the lot has been dedicated to open space on the plat via conservation easement or other means of ensuring that the lot is permanent open space; and
(4) Parking and loading areas.
(Ord. 30-22. Passed 12-12-22.)