§ 166.03-04 Design Standards For Open Space Set-Asides.
   Land set aside as open space set-asides shall meet the following design standards:
   (A)   Location. Where relevant and appropriate, open space set-aside shall be located so as to be readily accessible and useable by residents and uses of the development. Where possible, a portion of the open space set-aside should provide focal points for the development.
   (B)   Configuration. The lands shall be compact and contiguous unless the land is used as a continuation of an existing trail, or specific natural or topographic features require a different configuration.
   (C)   Adjacent to existing or planned open space. Where open areas, trails, parks, or other public spaces are planned or exist adjacent to the parcel, the open space set-aside shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
   (D)   Prioritization of open space set-aside. To the maximum extent practicable, the open space set-aside should be located and organized to include, protect, or enhance as many of the following open areas and features as possible:
      (1)   Natural features such as critical areas, marshland, beach and dune systems, and native upland ecosystems;
      (2)   Water features such as drainages, canals, ditches, open water areas, natural ponds, and retention and detention ponds;
      (3)   Landscaped buffers or visual transitions between different types or intensities of uses;
      (4)   Habitat for endangered species; and
      (5)   Areas that accommodate multiple compatible open space uses rather than a single use.
 
   (E)   Minimum percentage devoted to active recreation.
      (1)   In cases where land is proposed for development of residential uses, a minimum of 20% of the open-space set-aside shall be reserved for active recreation uses as described in § 166.03-05(G), Allowable Uses in Open Space Set-Asides, but in no instance shall active recreation land exceed more than 75% of the total amount of open-space set aside.
      (2)   In cases where the required open space set-aside percentage is met through application of credit from a required tree protection zone (See § 166.01), or requirement for protected trees (See § 166.01-03), or located in a conservation subdivision (See § 167.02), the reservation of 20% for active recreational uses is not required.
   (F)   Provision in multi-phase developments. In cases where less than 100% of the total amount of open space set-aside is provided within the first phase of a multi-phase development, the balance of remaining open space set-aside required shall be apportioned into equal amounts in each of the subsequent phases (for example if a three-phase development is required to provide a total of 12 acres of open space set-aside, and provides six acres in the first phase, no less than three acres (25% of the total amount of open space set-aside) shall be provided in phase two of the development).
   (G)   Allowable uses in open space set-asides. Open space set-aside areas shall not be developed with any structures except for the following:
      (1)   Active recreation uses. Facilities for active recreation, including but not limited to: benches or other seating areas; pedestrian scaled lighting; gazebos or other decorative structures; fountains or other water features; play structures for children; gardens or seasonal planting areas; pools; athletic fields; courts; and clubhouses used primarily for recreational purposes (equipment or structures for such uses shall be indicated on the site plan, preliminary subdivision, or planned development master plan).
      (2)   Passive recreational uses. Passive recreational and educational purposes, including but not limited to walking, jogging, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education, and wildlife habitat protection.
      (3)   Conversion of uses. Nothing in this subsection shall be construed to prevent the conversion of one or more active recreational features, provided:
         (a)   The conversion does not violate a condition of approval or applicable planned development terms and conditions; and
         (b)   The converted amenity feature obtains any required site plan or other approvals.
(Ord. 05-10, passed 3-23-10)