Each residential planned unit development must have a site plan that contains at least 20% usable common open space, unless modified by the Zoning, Planning, and Appeals Commission in accord with this Chapter.
A. Ineligible Area. Usable common open space does not include:
1. Areas reserved for the exclusive use or benefit of an individual occupant.
2. Dedicated streets and other public rights-of-way.
3. Vehicular drives, private streets, and parking, loading, and storage areas.
4. Strips of land less than ten feet wide.
5. Stormwater detention and retention areas and wetlands.
B. Access. Primary (abutting) access from such common open space to each building site is not required. However, convenient access through a permanent easement must be provided and perpetually guaranteed to all residents not granted primary access.
C. Recreational Facilities. The only recreational facilities permitted within any common open space tract are those which are graphically shown on the face of the site plan at the time of approval by the Village Board. However, the site plan may be amended through the procedures specified in this Article.
D. Character and Quality. No proposed area on a site plan may be accepted as usable common open space unless its character and quality have been approved by the Zoning, Planning, and Appeals Commission. When making its determination, the Zoning, Planning, and Appeals Commission must consider the following:
1. The size and character of the structures to be constructed within the planned unit development.
2. The character of surrounding development.
3. The topography and existing amenities of the proposed area, including trees, groundcover, and other natural features.
4. The manner in which the proposed area is to be improved and maintained for recreational or amenity purposes.
5. The existence of public parks or other public recreational facilities in the vicinity and the relationship thereto.
E. Ownership and Maintenance.
1. All land shown on the final site plan as common open space must be conveyed to a private association or similar organization formed by a condominium agreement, townhouse declaration, indenture, restrictive covenant, or other binding agreement acceptable to the Village Board.
2. The legal instrument(s) creating such association or organization must specify that the common open space and related authorized improvements will be maintained according to the criteria enumerated in this Article and must include a provision granting the Village a right to enforce the same.
(Ord. 885, passed 11-21-2023)