(a) Purpose. The purpose of providing for open space subdivision tracts is to offer recreational opportunities close to home, to enhance the appearance of neighborhoods through preservation of natural green spaces, to counteract the effects of urban congestion and monotony, and to encourage participation by all age groups in the use and care of local open space tracts. Such types as local parks, small recreational areas and other small open spaces in a planned neighborhood pattern are intended to conserve local spots of natural beauty, to provide structure to neighborhood design, to add to the sense of spaciousness, to encourage cooperative relationship between neighbors, to help promote the public health, safety, morals and welfare of the people residing nearby and to aid in stabilizing property values.
(b) Designation of Local Space Tracts in Residential Subdivisions. No Preliminary Plat submitted under this option for the proposed development of land for residential purposes in Columbiana County shall be approved by the Planning Commission unless such plan provides for local open space tracts of suitable size, location, shape and topography with convenient pedestrian access. Such tracts are to be incorporated in the design of the subdivision through one of the approved methods for applying lot allocations and design standards as set forth in this section, with such exceptions as are hereinafter provided and in accordance with and contingent upon the adoption of appropriate zoning regulations.
(1) In the case of apartment developments such appropriate portions of the land as are proposed as open area on the site plan, exclusive of parking areas and driveways, shall be so located and planned as to provide, for apartment residents, local open space amenities of such type as shall serve the purposes designated in division (a) hereof, with openness comparable in quality and character to that of nonapartment subdivisions developed under this option.
(2) In the case of two or more adjacent subdivisions, developers may cooperatively allocate open space tracts, the coordinated location and design of which shall be subject to Planning Commission approval.
(c) Minimum and Maximum Sizes. The area set aside for each local open space tract shall be not less than 20, 000 square feet, with the exception off such features as special street center islands other than those normally required as median strips for boulevard-type motorways, and recreational walkways, including those that have wider rights-of-way than are required in the Subdivision Regulations for normal street, sidewalks and block crosswalkways.
(1) The maximum area for any separate and distinct local open space tract or any individually enlarged space which is part of an essentially linear pattern of local open space, excluding local stream valley parks or green belt buffers, is five acres.
(2) Where practical difficulties or unusual hardships are encountered, the Director may, upon authorization by the Planning Commission, give written approval to a lesser minimum area, or a greater maximum area than is required herein. If the application of the allocation standards contained in division (h) hereof would result in local open space tracts which are too small to be satisfactory, the Planning Commission, may waive the requirement of allocation of local open space tracts as a condition of approval of the Preliminary Plat of a subdivision. Each Preliminary Plat submitted by a developer shall clearly show any of the contiguous property holdings of such developer so that the purpose and intent of this section cannot be circumvented; and it shall be the obligation. of the Planning Commission to take suitable steps to assure that the developer is not omitting any of his contiguous holdings from the Preliminary Plat.
(d) Ownership, Improvement and Maintenance Open Spaces; Exception.
(1) Local open space tracts, at the option of the developer, may be retained permanently by him, or be deeded by him to the County or other appropriate public entity. When such tracts are retained by the developer, plans for improvement and maintenance of these tracts, excluding structures and equipment, shall be approved, and suitable deed covenants documented to assure both continuing use of the tracts for local open space purposes, and, proper operation and maintenance of the same to the satisfaction of the Planning Commission, and, suitably managed for, and primarily maintained for, the use of nearby residents.
(2) Acceptance of a local open space tract, when conveyed by a developer, shall be endorsed upon the deed. Recorded with the deed shall be the provisions that such land, being properly restricted for use as local open space only, shall be in perpetuity. After the acceptance of the title to such local open space tracts, and if so requested by a qualified local improvement association, the County, or the other appropriate public entity, may arrange with such association to cooperatively undertake the improvement and/or maintenance of such tract to the extent of mutual agreement.
(3) Where local open space tracts are to be conveyed to a governmental subdivision in fee, the developer shall convey them at the stage and in the condition agreed upon in connection with processing and approval of the subdivision. Title to the land shall be unencumbered. The governmental subdivision shall take title to such land at a time approved by the Planning Commission and, in any case, not later than the time at which title to the streets in the subdivision are accepted by the County. It is the intent of this legislation that, prior to acceptance by the governmental subdivision, the developer shall not be compelled to improve the condition of a local open space tract, the original land features of which within the context of the final and approved development plan, make it suitable as open space. In the case of apartment projects all land shall be retained and maintained by the apartment owner.
(e) Standards for Allocation of Open Spaces.
(1) Percentage allocation, (Quantitative minimum standards for allocation of acreage for local open space tracts), shall be determined, except as hereinafter noted, as a percentage of the total gross residential acreage of the subdivision. "Gross residential acreage" means the residentially zoned acreage within the perimeter of the subdivision proposed for residential development, plus not more than half the width of existing or recorded boundary streets (maximum sixty-foot right-of-way) to which the subdivision has right of access, except storm drainage reservation strips to the extent that they exceed in area fifteen percent (15%) of the subdivision. The required local open space allocation schedule applicable to residential zones in the Columbiana County Subdivision Regulations is as follows:
Type of Dwelling Unit | |
One-family zone | 5% or 20,000 sq. ft. whichever is greater |
Two-family zone | 8% or 20,000 sq. ft. whichever is greater |
Multiple-family zone | 12% or 20,000 sq. ft. whichever is greater |
(2) In a one-family zone the subdivider may elect to set aside open space tracts in accordance with the cluster method of subdivision as provided for in division (f) hereof, rather than the method described in this division. Regardless of method chosen, in the one-family zone not less than five percent (5%) of the gross residential acreage of the tract or 20, 000 square feet whichever is greater, must be allocated to local open space, except where the development results in a density below the normal density specified in this subsection, in which case the requirements of this subsection shall apply.
Gross Residential Density * Normal Density ** | ||
Type of dwelling unit | Maximum permitted density (per acre) | Normal density ** (per acre) |
One-family zone | 3.2 | 2.75 |
Two-family zone | 5.0 | 4.35 |
Multiple-family zone | 8.0 | 6.50 |
* Gross residential acreage divided into number of dwelling units. ** Preferred - due to Columbiana County characteristics. | ||
(3) Allocation of storm drainage reservation strips to local open space use (applies to all subdivisions other than cluster subdivisions referred to in division (f) hereof). Where a storm drainage reservation strip is deemed necessary and appropriate for water control and where natural assets of the land, including its vegetation, is retained, such area may account for fifty percent (50%) of the total open space requirements. A graphic, or written plan, and description of the area, showing the land use relationship, shall be submitted to and be subject to approval of the Planning Commission. In exceptional cases, governed chiefly by such factors as appropriate size, degree of park-like characteristics of the drainage reservation strips, and its location in the subdivision, the Planning Commission may agree to strip(s) providing more than fifty percent (50%) of the local open space requirements.
(f) Cluster Subdivisions. Cluster type subdividing is permissible only when public water supply and sanitary sewer facilities are utilized. These subdivisions may provide one or more areas for local open space tracts through reduction of permitted minimum lot areas and lot width provided that, land areas at least equal to the aggregate amount the lots are reduced is designated as local open space in the subdivision plans. These alternate provisions may supersede requirements specified in Section 1109.01(c).
(g) Cluster Subdivision Schedule.
Lot size average (sq. ft.) | Lot size minimum (sq. ft.) | Maximum % of lots below average | Minimum frontage of lots at setback line (feet) |
9,000 | 8,000 | 50 | 60 |
In cluster subdivisions, covenants subject to approval of the Planning Commission to insure permanence and proper use of the open space tracts, must be recorded.
(h) Design and Procedures Manual for Developers. Council may provide and from time to time revise, a manual of design and administration of this section, such manual to serve as a guide for developers and as an aid in the administration of the provisions of these Subdivision Regulations.
(Ord. 1164. Passed 8-16-82.)