(A) Amounts of open space set-aside required.
(1) New residential development shall set aside at least 15% of the total project area as open space.
(2) New nonresidential and mixed-use development shall set aside at least 10% of the total project area as open space.
(B) Calculation of open space set-aside. For the purposes of complying with this section:
(1) Unique features. Natural features (riparian areas, preserved native upland ecosystems, etc.), natural hazard areas (critical areas, lands occupied by dunes, etc.), water features (canals, waterways, natural ponds, etc.), and wildlife habitat areas for threatened and endangered species shall be counted towards the open space set-aside.
(2) Required landscaping and tree protection zones. Areas occupied by required landscaping, tree protection zones, or critical root zones for protected trees shall be counted towards the open space set-aside.
(3) Active recreational areas. Land occupied as common active recreational uses such as pools, playgrounds, tennis courts, jogging trails, and clubhouses used primarily for recreation purposes shall be counted toward the minimum open space set-aside.
(4) Passive recreational areas. Passive recreation areas shall be counted towards the open space set-aside.
(5) Stormwater management devices. Land area occupied by stormwater management devices, including retention ponds, fully vegetated detention basins, and other bio-retention devices shall be counted towards the open space set-aside when such features are treated as a site amenity, and support passive or active recreation uses by providing access, and pedestrian elements such as paths, benches, and similar aspects.
(6) Land within lots subject to easements. Land within the boundary of a private lot, if it is subject to a conservation easement shall be counted towards the open space set-aside.
(7) Not counted as open space. The following areas shall not be counted as open space set-aside:
(a) Private yards not subject to an open space easement;
(b) Public or private streets or right-of-way, including sidewalks;
(c) Open parking areas and driveways for dwellings;
(d) Marshland, wetlands, and floodplains;
(e) Land covered by structures not designated for active recreational uses; and
(f) Designated outdoor storage areas.
(g) Parking areas.
(Ord. 05-10, passed 3-23-10)