(a) All land within the Age Restricted Housing Community which is not covered by buildings, drives, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least twenty percent (20%) of the total area of the Age Restricted Housing Community. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development.
(b) Such Open Space shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjacent parcels.
(c) A maintenance plan shall be implemented to ensure the long-term protection of open space areas.
(d) All significant features such as trees of over 12" Diameter Breast High (DBH), water courses, one hundred year flood plains, wetlands, ponds and other water bodies, marshes, stone walls, scenic points, and historic sites are encouraged to be preserved in the following manner:
(1) Stone walls should be preserved by locating property boundaries along the existing line of the walls.
(2) Trees greater than 12" DBH in size should be preserved, if reasonably possible, by retaining natural grades and locating houses to minimize tree removal.
(3) Wetlands and water bodies should be incorporated into nature trails and other passive recreational uses.
(e) Suitable and usable outdoor recreational area or areas shall be provided for use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation (this amount may be included in the twenty percent (20%) common open space requirement set forth above). Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities.
(f) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited.
(g) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Municipality which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Municipal Council shall prescribe, and may contain such additional restrictions on development as the Municipal Council may deem appropriate. (Ord. 08-42. Passed 8-18-08.)