Open space is intended to provide recreational opportunities, to conserve and protect significant natural areas and environmentally sensitive areas, to conserve important historic resources, and/or to conserve productive farming and forestry uses. Functional open space enhances circulation within a site and contributes to the site’s aesthetic qualities. Open space may include any out-of-doors common space and any portion of the site not covered by a building or vehicular use area. Where required, open space shall meet or exceed the standards contained in this section.
(A) Extent of open space. Open space requirements are expressed as a percentage of the area of a development in the standards for some zoning classifications contained in §§ 152.020 - 152.033. Open space shall meet or exceed this stated percentage. The following standards shall be used in determining which portions of a development site are to be designated as open space.
(1) Primary conservation areas. The following areas are considered primary conservation areas and shall be designated as open space on development plans when open space is required.
(a) Designated floodways and floodway fringes identified as part of a flood insurance study prepared by the Federal Emergency Management Agency;
(b) Natural watercourses and any adjoining stream buffers required to be maintained in a natural vegetated and unaltered state pursuant to
(2) Secondary conservation areas. The following areas are considered secondary conservation areas. When open space is required for a development, some or all the secondary conservation areas on the development site shall be designated as open space to the extent it is necessary to meet the applicable open space standard.
(a) Any identified significant natural areas (e.g., rare plant communities, important wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems (e.g., watershed buffers, groundwater recharge areas).
(b) Any identified important historic resources (e.g., homesteads, mills, barns, archeological sites) identified from a local archeological or architectural survey or an individual site survey.
(c) Productive farmland or forest land intended for continued agricultural and/or forestry use.
(3) Additional open space. When primary and/or secondary conservation areas do not equal or exceed the open space standard for a development site, additional lands shall be designated as open space in order to meet such standard.
(B) Open space design. Provided such use is not inconsistent with §§ 152.190 - 152.199 and with other applicable regulations, open space may be used to provide active and/or passive outdoor recreation opportunities (e.g., ballfields, playgrounds, tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking trails, nature trails, and picnic areas), either for the general public or for the subdivision’s residents or employees and their guests.
(1) Open space may contain only such buildings, structures, access ways, and parking facilities as are necessary and accessory to its principal uses, e.g., pedestrian path, recreational clubhouse, utility lines, driveway, small parking area, barns and other farm storage and processing facilities.
(2) The location, size, character, and shape of required open space shall be appropriate to its intended use (e.g., open space proposed to be used for recreation, particularly active recreation, shall be located and designed so as to be conveniently and safely reached and used by those persons it is intended to serve, and open space proposed to be used for ballfields, playing fields, or other extensive active recreational facilities should be located on land that is relatively flat and dry).
(3) Ownership and maintenance of open space. Arrangements for the perpetual maintenance of open space must be approved in writing by the Land Use Administrator. Any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed and approved by the Land Use Administrator which shall prohibit future development of any open space for other than open space or recreation purposes and shall provide for continued maintenance of any open space and recreational facilities.
(Ord. passed 10-1-07)