1179.08 GOLF COURSE COMMUNITY DEVELOPMENT STANDARDS; CRITERIA FOR APPROVAL.
   Except as hereinafter provided, the following development standards for arrangement and development of a Single Family Planned Residential District involving a golf course community shall be in addition to the provisions of Section 1179.07 and any other provisions of this chapter. The following criteria for approval of a Single Family Planned Residential District involving a golf course community shall be in addition to the provisions of Section 1179.06 and any other provisions of this chapter.
   (a)   Development Standards.
      (1)   Relationship to Section 1179.07. The entire golf course community shall be developed in accordance with Sections 1179.07(a) and (b), except that, notwithstanding anything contained in Section 1179.07(b) to the contrary:
         A.   The golf course, in its' entirety, shall be designated as "recreational open space" on the development plan. The portion of the open space that is intended to be used as a golf course shall be so identified on the development plan and may be leased to a secondary entity for the development of the golf course, but the use shall remain as open space in perpetuity and shall not be conveyed by the homeowner's association to any entity other than the City, if such conveyance is mutually agreed. If the golf course is leased, and the golf course use is abandoned for a continuous period of twelve (12) months or more, the possession of the golf course, including all buildings, structures and improvements, shall revert to the homeowner's association. Unless conveyance to the City occurs, the perpetual care and maintenance of the golf course shall be the ultimate responsibility of the homeowner's association.
         B.   Additional open space, beyond that which must otherwise be provided, shall be required if access to the golf course area by residents of the golf course community is restricted or requires payment of a fee, other than mandatory fees uniformly applied and imposed on all property owners within the golf course community as an incident of their ownership of property within the golf course community (i.e., home owner's association fees, assessments, etc.). This open space shall be in addition to the area of the golf course, provided, however, that such additional open space shall not be required to exceed ten percent (10%) of the total gross acreage of the non-golf course portion of the golf course community.
         C.   All open space, including the golf course area of the open space, shall be prohibited from further subdivision or development.
         D.   Subsections 1179.08 (a)(1)A. and C., shall be implemented by a placement of the golf course area of the open space in a reserve and notation on the final plat, or by other declaration or agreement in the chain of title to such property, the same to be in a form acceptable to the village attorney.
      (2)   Single Family Portions: Single family areas of a golf course community shall be developed in compliance with the development standards set forth in Sections 1197.07(c) through (p) inclusive.
      (3)   Multi-Family Portions: Multi-family areas of a golf course community shall be developed in compliance with the development standards set forth in Chapter 1151.
      (4)   Building and Club House Setback from Residential Lots: All buildings and club houses of the golf course shall be located not less than two hundred (200) feet from any residential lot line.
   (b)   Criteria for Approval: In approving an application for a Single Family Planned Residential District involving a golf course community, the reviewing authority shall determine, in addition to the criteria for approval set forth in Section 1179.06(c):
      (1)   That the proposed development will preserve and enhance the health, safety and general welfare of the inhabitants of Johnstown.
      (2)   That the proposed golf course community will not have an adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking or utility facilities.
      (3)   That the proposed golf course community will be constructed, arranged, and operated so as not to interfere with the present use of the neighboring property.
      (4)   That the proposed golf course community will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, drainage structures, water and sewers, or that the persons or agencies responsible for the establishment of the golf course community will provide adequately for such facilities and services.
      (5)   That the proposed golf course community will not result in the destruction, loss, or damage of any natural, scenic or historic feature of significant importance.
         (Ord. 12-2022. Passed 7-5-22.)