Certain developments are required to develop a specified portion of the development site as common space. Where required, common space shall meet or exceed the standards contained in this section.
(A) General design standards. Common space is intended to shape the design and character of a project through a connecting system of pedestrian areas that create a relationship among the various components of the built environment. It shall be designed to create areas where workers, residents and shoppers, as the case may be, are directly or indirectly invited to gather, browse, sit, interact or congregate. It shall be arranged as community space with open areas, landscaping, seating facilities and lighting fixtures which provide for safety and visual effects. Common spaces are intended to be places for social interaction and, thus, may include impervious surfaces. Unless interior common space is approved by the reviewing authority, common space shall be out-of-doors.
(B) Specific design standards. In addition to the general design standards contained in § 152.105(A), common space design shall comply with the following.
(1) Trees. One tree shall be planted for each 500 square feet of common space. Trees shall have a minimum caliper of three to three and one-half inches measured six inches above ground at the time of planting.
(2) Utilities. All utilities service lines and connections shall be underground.
(3) Seating. Seating shall be provided to accommodate workers, residents and/or shoppers. Seating may be accomplished in whole or in part using planters or other similar structures.
(4) Amenities. Common space for a development shall contain adequate amenities to animate and enliven the environment and to make it conducive for social interaction. Following is a list of such amenities: ornamental fountains, stairways, waterfalls, public art, arbors, trellises, planted beds, drinking fountains, clock pedestals, awnings, canopies, informational kiosks, and similar structures. This list is not intended to be exhaustive.
(C) Lands which may be designated as common space. The following standards control what lands in a development may be designated as common space.
(1) Primary conservation areas shall not be designated as common space absent authorization from the town in those circumstances where, due to careful design, the land in question can fulfill the function of common space without compromising the purposes served by primary conservation areas.
(2) Land that is burdened with easements may be used provided that the easements do not interfere with the use of the land for common space and do not permit future development.
(D) Ownership and maintenance of common space. Arrangements for the perpetual maintenance of common 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 by the Land Use Administrator and recorded and filed in accordance with the times specified in this section. The covenants and easements shall prohibit future development of any common space for other than the purposes specified herein and shall provide for continued maintenance of any such common space.
(E) Completion of common space. All common space shall be set aside and improved no later than the following applicable date:
(1) For subdivisions: prior to the sale of any lot;
(2) For planned developments: no later than the date on which certificates of occupancy are issued for the first 75% of the total number of dwelling units to be constructed in the project area.
(Ord. passed 10-1-07)