(a) Minimum Open Space Area. The Planning Commission may reduce the open space requirement from the following specifications not to exceed one-fifth of the specified restricted open space requirement upon a finding of necessity to promote open space development over a conventional subdivision for the subject site. The minimum restricted open space shall be:
(1) Sixty (60) percent of the total project area in areas with maximum density less than two-thirds (2/3) of a dwelling unit per acre.
(2) Fifty (50) percent of the total project area in areas with maximum density ranging between and including two-thirds (2/3) of a dwelling unit per acre up to two (2) dwelling units per acre.
(3) Forty (40) percent of the total project area in areas with maximum density ranging between and including two (2) dwelling units per acre up to four (4) dwelling units per acre.
(4) Twenty-five (25) percent of the total project area in areas with maximum density equal or greater than four (4) dwelling units per acre.
(b) General Standards. The Restricted open space shall comply with the following:
(1) Restricted open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site in the order or priority expressed in Section 1156.09.
(2) Required open space shall be interconnected with other greenspace and trails, providing most, if not all, residential lots in the development with direct access and views of the open space system.
(3) Areas designated for restricted open space purposes may be:
A. Preserved in its natural state;
B. Designed and intended for the use and enjoyment of residents of the proposed development or, if so allowed, the general public;
C. Utilized for agricultural uses when authorized in a conservation easement or in the Association's covenants and restrictions.
(4) Restricted open space shall be interconnected with open space areas on abutting parcels when possible.
(5) Storm water detention and retention management ponds or basins and/or water supply facilities which meet City Engineer's approval may be located partially or entirely within restricted open space areas. Such facilities shall require appropriate easements and a maintenance agreement that requires and enables maintenance of such facilities by the owner(s) of the restricted open space. Low impact environmental storm water solutions are preferred that focus on distributed/ decentralized storm water management, mimicking predevelopment conditions and natural functions.
(6) The restricted open space may be used as active recreation areas. These active recreation areas shall be: of a useable size and shape for the intended purposes; located in areas with the least impact on natural amenities and wildlife habitats; and limited to twenty (20) percent of the total acreage devoted to required open space. These active recreation areas, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(7) There shall be a minimum of disturbance to natural features during the construction of the development. The applicant will develop and submit as part of the development plan a list of the best management practices to be used. Any areas within the restricted open space, other common areas such as required setback areas, and both sides of new streets, that are disturbed during construction or otherwise not preserved in its natural state shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(8) In order to encourage the creation of large areas of contiguous open space, areas that shall not be considered restricted open space include:
A. Private 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. The minimum required spacing between buildings, and between buildings and parking areas;
F. Private yards;
G. Land that is subject to preexisting conservation easements or similar limitations on development; and
H. Other small fragmented or isolated open space areas that have a dimension less than seventy-five (75) feet in any direction.
(c) Prohibition of Further Subdivision of Restricted Open Space. Restricted open space in a CD-P-CD District shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City and duly recorded in the office of the Stark County Recorder.
(d) Ownership of Restricted Open Space. Subject to such permanent restriction as set forth above, restricted open space in a conservation development may be owned by a person, an association, the City, a land trust or other conservation organization recognized by the City, or by a similar entity, or may remain in private ownership.
(1) Offer of dedication. The City may, but shall not be required to, accept dedication in the form of a fee simple ownership of the restricted open space.
(2) Associations. Restricted open space and other common areas may be held by the individual members of a condominium association as tenants-in-common of an unincorporated association or an Ohio nonprofit corporation as provided for in Ohio R.C. 5311.08, or may be held in common ownership by a homeowners' association, community association, or other similar legal entity (hereafter "homeowners' association et al") as an Ohio nonprofit corporation.
The Law Director shall ensure the declaration, articles of incorporation, and either bylaws (for a condominium association) or code of regulations or equivalent filed document (for a homeowners' association et al) submitted with the development plan contain appropriate provisions implementing the following requirements:
A. The association or corporation shall be required to provide notice to the City Manager upon proposed or actual amendment of the development plan, the association's declaration, articles of incorporation and either bylaws or code of regulations or equivalent filed document;
B. The association or corporation shall be responsible for maintenance, control, and insurance of common areas, including the required open space, as long as it is owned by the association or corporation;
C. Membership in the association or corporation shall be mandatory for all purchasers of lots in the P-CD District or units in the condominium. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be either as provided for by statute (for a condominium association) or as specified in the association's declaration, code of regulations or equivalent filed document (for a homeowners' association et al);
D. The association or corporation shall not be authorized to allow its dissolution or the sale, transfer, or other disposal of any restricted open space in the common area without:
1. An affirmative vote of seventy-five (75) percent of its members;
2. Having established a successor entity to take over said property pursuant to this UDO; and
3. The approval of City Council;
E. The association or corporation shall be authorized to impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments either as provided for by statute (for a condominium association) or as specified in the declaration, code of regulations or equivalent filed document (for a homeowners' association et al); and
F. The association or corporation shall have the authority to adopt and enforce reasonable rules and regulations governing the use of, and payment of assessments for, maintenance, control and insurance of common areas.
(3) Private ownership of restricted space. Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
(4) Transfer of conservation easements. Pursuant to resolution by the Planning Commission, the owner(s) of the common open space may, in accordance with the provisions of Ohio R.C. 5301.67-70, grant a conservation easement to any of the entities listed in Ohio R.C. 5301.68, provided that the entity and the provisions of the conservation easement are acceptable to the City Law Director; and the conveyance contains appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under Ohio R.C. 5301.68 in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.