(a) Open space shall be required in all applications where there is a proposed Planned Residential Development.
(b) For open space computation purposes, the dwelling unit density shall be determined when looking at gross density - which includes the entire site. Open space percentages shall also be calculated when looking at the entire acreage of the site to be developed, including areas dedicated as public rights-of-way.
(c) The open space requirements for planned residential (PR) developments shall be based upon the proposed residential density and shall be in accordance with Table 1278.10-1 below:
Table 1278.10-1: Common Open Space Requirements | |
Proposed Residential Density (gross density) | Open Space Requirement* |
Up to 3 dwelling units per acre | 5% formal, 10% informal - 15% total |
More than 3 dwelling units per acre but less than 8 dwelling units per acre | 8% formal, 10% informal - 18% total |
8 or more dwelling units per acre | 10% formal, 15% informal - 25% total |
* The "formal" and "total" open space requirements represent the minimum share of open space. Developers may provide a larger share of formal open space in place of an equal share of informal open space, but the total share shall not fall below the "total" requirement.
(d) Formal Open Space. Formal open space shall be designated for the leisure and recreational use of the residents of the development and be maintained by a HOA or similar organization. Existing publicly-owned parks located within a proposed PR District may be counted toward the formal open space requirement provided that such areas are usable and readily accessible to the residents and visitors of the development.
(e) Informal Open Space. Informal open space may include entranceway signage areas, retention and detention ponds, bufferyard/screening areas and areas that are preserved as natural areas such as thick wooded areas and riparian buffers either within individually-owned conservation easements or within areas that are commonly owned and maintained by an HOA or similar organization. If buffering easements along the perimeter of the development that are not commonly-owned by an HOA or similar organization are being counted toward the informal open space requirement, such areas must either be supplemented with screening landscaping or contain natural screening that is to be preserved within a conservation easement; further, only twenty-five feet of the perimeter depth located within such easements may be counted toward the informal open space requirement unless a substantially forested area is being retained within the easement; at which point the perimeter depth counted toward the informal open space requirement may be increased to a maximum of fifty feet.
(f) The location, shape, size and character of common open spaces shall be suitable for the proposed residential uses in relation to the location, number and types of dwelling units it is intended to serve. In any case, it shall be highly accessible to all residents or users of the PR development.
(g) Pedestrian Connections. Pedestrian connections within commonly-owned open spaces should be provided between cul-de-sacs, dead-end streets, and other portions of the pedestrian network. Such connections should also be provided so residents and visitors can conveniently access commonly-owned areas of the development and surrounding neighborhood amenities.
(h) Maintenance. Adequate provisions shall be made for the long-term maintenance and/or operation of the open space and its improvements:
(1) The proposed common open space may be conveyed to a public authority which agrees to maintain the common open space and any buildings, structures or improvements which have been placed on it. All land dedicated to the public shall meet the requirements of the appropriate authority as to size, shape and location. Public utility or other similar easements and rights-of-way for water course, other similar channels or for storm drainage facilities are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or other similar purpose and approved by the authority to which the land is dedicated; and
(2) The proposed open space may be conveyed to the trustees of a homeowners' association or similar organization formed for the maintenance of the planned development. The common open space may be conveyed by covenants under such an arrangement subject to approval by the Planning Commission. Such covenants shall restrict the common open space to the uses specified on the PR final development plan and provide for the maintenance of common open space in a manner which assures its continuing use for its intended purpose.
(Ord. 6831. Passed 1-21-20.)