(a) A minimum of eight percent of the gross site area of the OSN shall be permanently allocated as open space.
(b) Land designated as permanent open space shall be maintained as parks, squares, greenbelts or natural areas.
(c) At least one contiguous area of open space shall be centrally located within the development, and shall be maintained as a village square, playground, or park. It is the intent of this chapter that the centrally located portion of the dedicated open space will have houses facing it, will be contiguous to the roadway, and will be maintained in a more formal sense, so as to promote visibility, monitoring, and safety of the area.
The minimum size of maintained greens, playgrounds, or recreational parks shall be 5,000 square feet; the maximum size of maintained greens, playgrounds, or recreational parks shall be 60,000 square feet. The Planning Commission may approve other dedicated open space areas of less than 5,000 square feet and more than 60,000 square feet if such areas are designed and established as pedestrian or bicycle paths or are otherwise determined by the Planning Commission to be open space reasonably usable by residents of the OSN.
(d) Narrow bands of open space around the perimeters of sites will generally not qualify as usable dedicated open space, unless those areas are portions of walking trails that connect to larger areas of open space. Rather, those areas that provide usable amounts of play area or that preserve significant areas of natural features will qualify as dedicated open space.
(e) Open space areas shall be located so as to be reasonably accessible to all residents of the OSN. Pedestrian access points to the dedicated open space areas from the interior of the OSN shall be provided and shall be clearly identifiable by a sign or improved pathway.
(f) Grading in the open space areas shall be minimal except where grading can be shown to offer a demonstrated improvement in the design of the site.
(g) Dedicated open spaces may consist of ball fields, tennis courts, swimming pools and related buildings, community buildings, golf courses, and similar recreational facilities. These uses may not, however, utilize more than fifty percent of the dedicated open space.
(h) Dedicated open space within the OSN shall be linked, if possible, with any adjacent existing neighborhoods, public spaces, or walkways. In addition, dedicated open spaces shall be linked with undeveloped lands that are adjacent to the OSN.
(i) The Planning Commission and the City Council may, at their discretion, consider variations from the design standards for Open Space Neighborhoods, provided that the applicant can demonstrate that the intent of the chapter is met.
(j) The applicant shall provide an open space preservation and maintenance agreement to the City Council stating that all dedicated open space portions of the development shall be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in title to commitments made as part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the City of Ionia and the land uses continue as approved in the plat or site condominium, unless an amendment is approved by the City Council.
The agreement must be acceptable to the City Council and may consist of a dedicated City park, a recorded deed restriction, covenants that run perpetually with the land or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Act 197 of the Public Acts of 1980, as amended. The agreement shall:
(1) Indicate the allowable use(s) of the dedicated open space.
(2) Require that the dedicated open space be maintained by parties who have an ownership interest in the open space, whether those parties are of a private or Municipal nature.
(3) Provide standards for scheduled maintenance of the dedicated open space, including necessary maintenance of vegetation, and repair, maintenance or management of the site amenities and facilities.
(4) Provide for maintenance to be undertaken by the City of Ionia in the event that the dedicated open space is inadequately maintained, or is determined by the City to be a public nuisance. Any costs incurred by the City shall be assessed to the owners of the property within the OSN.
(k) Areas not considered open space:
(1) The area within any public or private street right-of-way, or access easement.
(2) Any easement for overhead utility lines, storm drainage rights-of-way, or stormwater detention areas.
(3) Fifty percent of any floodplain, lakes, streams, wetlands, or other surface water bodies, including created ponds.
(4) The area within a platted lot or site condominium.
(5) Sidewalks, excepting those walkways that are a portion of a dedicated trail system. However, trail systems alone may not constitute the entire percentage of the dedicated open space.
(Ord. 390. Passed 3-6-01.)