(a) Area required. The minimum amount of common open space in a Conservation Development shall be not less than as follows:
(1) R-2A and R-3A Districts – 50 percent of development area; and
(2) R-2B, R-2C, R-3B, R-3C and R-3D Districts – 60 percent of development area.
(b) General standards.
(1) Common open space shall conserve significant local features, historical and cultural elements.
(2) Common open space shall be designed and intended for use and enjoyment of residents and whenever possible shall be interconnected with open space areas on adjoining parcels.
(3) Sewage service, stormwater management and/or water supply facilities may be located within common open space areas.
(4) Areas that should not be considered common open space include:
A. Public road rights-of-way;
B. Parking areas, accessways and driveways;
C. Required setbacks between buildings, parking areas and project boundaries;
D. Required setbacks between buildings and streets;
E. Minimum spacing between buildings and between buildings and parking areas;
F. Private yards; and
G. Other small fragmented or isolated open space areas that have a dimension of less than 100 feet in any direction.
(Am. Ord. 13-O-59, passed 12-16-2013)
(5) Open space for recreational uses. Not more than five percent of the common open space may be used for active recreation such as tennis courts, pools and fields for football, baseball or soccer.
(c) Permanent dedication of open space.
(1) Dedication to an authorized entity. All open space in a conservation development shall be permanently restricted from further subdivision or development by a conservation easement conveyed to a land trust or a third party, not the landowner, which is capable of accepting such conservation easement pursuant to Ohio R.C. 5301.68 and 5301.69; which has sufficient funds and other resources dedicated to monitoring compliance with and enforcement of the conservation easement; and which can be reasonably expected to fulfill its obligations to monitor and enforce the conservation easement. The conservation easement and organization and arrangements for future monitoring and enforcement are subject to approval by the city.
(2) Transfer of conservation easement. The owner(s) of the open space may transfer a conservation easement to any of the entities listed in Ohio R.C. 5301.67 et seq.; provided:
A. The entity is acceptable to the city;
B. The provisions of the conservation easement are acceptable to the city; and
C. The conveyance contains provisions for assignment of the conservation easement to another entity authorized to hold conservation easements under Ohio R.C. 5301.67 et seq., in the event the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
(Ord. 04-O-43, passed 8-30-2004)