§ 153.051  OPEN SPACE STANDARDS.
   Open space uses are permitted on land designated as open space within a residential subdivision.
   (A)   Conservation requirement.  To protect and preserve the small town atmosphere of McCordsville, all residential subdivisions are required to designate at least 25% of the land for open space uses.
   (B)   Open space uses.  The uses shall maintain unobstructed views into the open space and preserve the rural atmosphere of the community.
      (1)   Nuisance avoidance.  Open space uses shall not create a nuisance to adjoining properties due to fire hazard, electrical disturbance, noise, vibration, air pollution, heat and glare, water pollution, and waste matter.
      (2)   Siting. Due to the site specific nature of the relationship of open space areas to surrounding residential uses, the appropriateness of open space uses within a project shall be determined during the subdivision approval process.
      (3)   Written commitments. Written commitments shall be made regarding the uses permitted within the open space.
   (C)   Structures and parking areas.  Structures and parking areas associated open space uses shall not cover more than 20% of the lot.  Parking areas shall be screened from adjoining residential lots through low walls or landscaping with evergreen or densely deciduous shrubs.
      (1)   Walls and fences.  Walls and fences shall be made of stone, wrought iron, or wood and should not exceed 3.5 feet in height.
      (2)   Hours of operation.  The hours of operation for outdoor activities of open space uses shall be limited to 7:00 a.m. to 10:00 p.m.
      (3)   Open space types.  Open space uses include, but are not limited to:
         (a)   Equine facilities.  A building located on the premises that is used by residents of the Town for stabling, riding lessons, or training equine; or an trail for which to ride equine.
         (b)   Private recreation facilities.  A private recreation facility includes, but is not limited to a course consisting of a large landscaped area for playing golf. The facility may also include a golf club house, equipment storage buildings, and other related structures.
         (c)   Playground.  Playgrounds provide sunny and shaded play areas for children as well as open shelter with benches for parents.  Playgrounds may be built within parks or squares or may stand alone within a residential block.  Playgrounds are recommended to be between 10,000 and 15,000 square feet in size.  Trees shall be planted along the perimeter of a playground at a spacing of 15 to 40 feet on center depending upon the characteristics of the tree. A minimum of 35% of the trees must be shade trees.
         (d)   Plaza.  A plaza is an open area adjacent to, or part of, a civic building or facility. Plazas function as gathering place and may incorporate a variety of non-permanent activities such as vendors and display stands.  Limited parking is also permitted.  Plazas shall be paved in brick or other type of pavers or crushed stone.  Plazas shall be level, stepped, or gently sloping (less than 3% grade). The size of the plaza depends upon the building or facility design.  Sizes may range from 2,000 to 30,000 square feet. The horizontal length or width of the plaza shall not be greater than three times the height of the surrounding buildings.  Plazas may be left unplanted.  If planted, the trees should form a frame to the plaza space or for the structure which the plaza serves.  Spacing shall be a minimum spacing of ten feet on center to a maximum or 25 feet on center. A minimum of 35% of the trees must be shade trees.
         (e)   Square.  Squares are areas for passive recreational use. Squares shall be bounded by streets on a minimum of three sides or 75% of their perimeter.  Squares are encouraged to be entirely bounded by streets. They may range in size  from 200 square feet to one acre.  Squares may be entirely or partially paved in crushed gravel, brick pavers, or similar material. Trees shall be planted parallel to all rights-of-way at a minimum spacing of ten feet on center to a maximum or 30 feet on center. If provided, internal plantings shall be in geometric layouts.  A minimum of 35% of the trees must be shade trees.
         (f)   Parks and recreation facilities.  Parks may be designed for passive and/or active recreational use.  Parks shall be bounded by streets on a minimum 50% of their perimeter and range in size from one to three acres. The maximum park size may exceed three acres if through design, the park creates a central open space that services an entire neighborhood or group of neighborhoods or incorporates physical features that are an asset to the community (i.e. significant stands of trees, lakes, and the like)  Trees shall be planted parallel to all perimeter rights-of-way a minimum spacing of 15 feet on center to a maximum or 30 feet on center. A minimum of 35% of the trees must be shade trees.
         (g)   Greenway corridors.  Greenway corridors are open spaces designed to incorporate natural settings, such as creeks and significant stands of trees within neighborhoods.  Greenway corridors differ from parks or squares in that their detailing is natural (i.e. informally planted) except along rights-of-way and may contain irregular topography. Greenway corridors may be used for certain active non-motorized recreational uses such as walking, jogging, or bicycling.  Trees shall not be planted in any rights-of-way.  Interior areas shall remain natural. A minimum of 35% of the trees must be shade trees.
   (D)   Open space ownership.  Open space shall remain undivided and may be owned and managed by a homeowners association, the town, or a recognized land trust or conservancy.
      (1)   Dedication to the town.
         (a)   Dedication of open space.  The town shall have the first and last offer of dedication and the first and last offer for purchase of open space (including easements) in the event that the open space land is to be conveyed.  Dedication shall take the form of fee simple ownership.  The town may, but shall not be required to, accept open space provided:
            1.   Such land is accessible to the residents of the town;
            2.   There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and
            3.   The town agrees to and has access to maintain such lands, or a satisfactory maintenance agreement is reached between the developer, property owner, and the town.
         (b)   Acceptance of dedication.  Where the town accepts dedication of open space that contains improvements, the town may require the posting of financial security to ensure structural integrity of the improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of the improvements and installation.
      (2)   Homeowners Association.  The open space and associated facilities may be held in common ownership by homeowners association. The association shall be formed and operated under the following provisions:
         (a)   The developer shall provide the Plan Commission a description of the association, including its bylaws and methods for maintaining the open space.
         (b)   The association shall be organized by the developer and shall be operated with a financial subsidy by the developer before the sale of any lots within the development.
         (c)   The homeowners association shall be professionally managed.
         (d)   Membership in the association is automatic and mandatory for all purchasers of homes therein and their successors.
         (e)   The association shall be responsible for maintenance of insurance and taxes on open space, enforceable by liens placed by the town on the association.
         (f)   The members of the association shall share equitably the costs of maintaining and developing the open space.
         (g)   In the event of a proposed transfer of open space or the assumption of maintenance of open space by the homeowners association to the town, notice of such action shall be given to all property owners within the development by the homeowners association.
         (h)   The association shall administer common facilities and properly and continually maintain the open space.
         (i)   The homeowners association may lease open space land to any other qualified person or corporation, for operation and maintenance of open space, but such a lease agreement shall provide:
            1.   That the residents of the development shall at all times have access to the open space contained therein.
            2.   That the open space to be leased shall be maintained for the purposes set forth in this chapter; and
            3.   That the operation of open space facilities may be for the benefit of the subdivision residents only, or may be open to the residents of the town, at the election of the developer and/or homeowners association, as the case may be.
            4.   The lease shall be subject to the approval of the homeowner's association board and any transfer or assignment of the lease shall be further subject to the approval of the homeowner's association board. Lease agreements so entered upon shall be recorded with the County Recorder within 30 days of their execution and a copy of the recorded lease shall be filed with the Plan Commission.
      (3)   Transfer of easements to a private conservation organization.  An owner may transfer easements to a private, nonprofit organization, among whose purpose it is to conserve open space and/or natural resources, provided that:
         (a)   The organization is a bona fide conservation organization with perpetual existence;
         (b)   The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and
         (c)   A maintenance agreement acceptable to the owner is entered into by the developer and the organization.
   (E)   Open space maintenance standards.
      (1)   Responsibility.  The owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues, special assessments, and the like.
      (2)   Failure to maintain an open space.  In the event that the association or any successor organization shall, at any time after establishment of a development containing open space, fails to maintain the open space in reasonable order and condition in accordance with the development plan, the town may serve written notice upon the owner of record, setting for the manner in which the owner of record has failed to maintain the open space in reasonable condition. Failure to adequately maintain the undivided open space in reasonable order and condition constitutes a violation of this chapter. The town is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the violation(s) within 20 days.
      (3)   Unpaid bills.  Should any bill(s) for maintenance of open space by the town be unpaid by August 1 of each year, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.
(Ord. 121410A, passed 1-11-2011)