§ 167.02-05 Open Space Set-Aside and Buffer Standards.
   Open space set-aside areas and buffers in conservation subdivisions shall comply with the following standards:
   (A)   Open space set-aside design standards. Open space set-asides shall comply with the design standards in § 166.03-05, Design Standards for Open Space Set-Asides.
   (B)   Allowable uses. The following uses shall be permitted within open space set-asides and buffers within conservation subdivisions:
      (1)   Passive recreational uses in accordance with § 166.03-04(G)(2), Passive Recreational Uses:
      (2)   Docks;
      (3)   Water supply and septic systems; and
      (4)   Required drainage or other utility easements.
   (C)   Tree canopy retention. Except as needed for streets, public utilities, or water supply or septic systems, removal of existing tree canopy from open space set-aside areas or buffers is prohibited.
   (D)   Ownership requirements.
      (1)   Ownership of open space set-aside areas. The open space set-aside area shall comply with the ownership requirements in § 166.03-05, Ownership of Open Space Set-Asides.
      (2)   Ownership of buffers, common areas, and docks. The ownership of buffers, common areas, and docks shall comply with the standards set forth in § 166.03-05, Ownership of Open Space Set-Asides.
   (E)   Maintenance of buffers, common areas, and docks. Maintenance of buffers, common areas, and docks shall comply with the standards set forth in § 166.03-06, Maintenance of Open Space Set-Asides, and the following standards:
      (1)   Commons areas intended for stormwater management or recreation shall be provided with permanent access via direct frontage on a right-of-way or easement.
      (2)   Maintenance of buffers and common areas intended for conservation shall be limited to removal of litter, dead tree and plant materials, and brush.
      (3)   A community dock, where provided, shall be located adjacent to common area on high ground. The common area shall be directly adjacent to a right-of-way serving the community. Residents within the community shall be able to directly access the community dock on foot.
      (4)   All buffers, common areas, and community docks shall be maintained so that their use and value are not diminished or destroyed.
(Ord. 05-10, passed 3-23-10)