(A) General. In order to develop a system of quality open spaces and recreation areas throughout the town's jurisdiction, the following standards shall apply to all developments and all open space and recreation areas in all zoning districts unless otherwise noted.
(1) In developments with 20 or more residential units, open space shall account for a minimum of 15% of the total land area of the site. Open space shall include recreational areas, wooded areas and environmental open space. Environmental open space is defined as any pervious area set aside for the protection, enhancement or creation of water quality buffers, wildlife habitat, view corridors, flood hazard mitigation or similar environmental features and may or may not include public access.
(2) Public open space and recreation areas, except environmental open space, shall have direct access from public streets.
(3) Public open space and recreation areas, except environmental open space, shall be visible and easily accessible.
(4) Public open space and recreation areas, except environmental open space, shall have multiple points of entry.
(5) All open space and recreation areas, except environmental open space, shall be well buffered from moving vehicles.
(6) The land used for required open space and recreation areas, except environmental open space, shall have an average slope of 5% or less with no portion of the land exceeding a 15% slope.
(7) Required open space and recreation areas may be publicly or privately owned. The planning, construction and maintenance of privately owned facilities shall adhere to the following:
(a) Private open space intended to count towards the open space requirements of this section shall be held and maintained by a legally constituted homeowner's association. Public open space may be held by any unit of government or private non-profit organization created for such purposes that has been approved by the Town Board.
(b) High maintenance cost facilities such as swimming pools shall not be counted in determining compliance with the minimum open space and recreation area requirements of this chapter. Bridges along pedestrian and bicycle paths and similar high cost facilities shall not be permitted as an integral part of any required open space or recreational area unless no other feasible alternative exists.
(c) Each phase of a phased development shall meet the minimum requirements for open space and recreational areas. All plans for the developments shall demonstrate compliance for each phase. No certificates of occupancy shall be issued until all the required facilities have been installed by the developer and approved by the town.
(B) Alternative open space.
(1) As an alternative to incorporating required open space on a development site, the developer has the option of:
(a) Requesting that the town permit the purchase of land lying within a planned public park or open space system within or immediately adjacent to the town's zoning jurisdiction and its dedication to the appropriate public authority; or
(b) Requesting that the town accept fees in lieu of land dedication for the purpose of providing public open space. The requests shall be heard and decided by the Town Board prior to subdivision or site plan approval.
(2) Any request for alternative open space shall be accompanied by the following information:
(a) The amount of land required for open space dedication under this chapter.
(b) Detailed information about land proposed for purchase and public dedication including all of the following:
1. The exact location (either a tax identification number or a metes and bounds description), size and current assessed and appraised value of land proposed for purchase and public dedication;
2. The intended recipient of the dedication of land and evidence that the recipient (if other than the town) approves of the dedication; and
3. The proposed timing of the purchase and dedication.
(c) If fees in lieu are proposed, the amount of fees offered.
(d) An alternative plan for providing on-site open space as required by this chapter.
(3) In considering a request for alternative open space, the Town Board may:
(a) Approve the request without modification;
(b) Approve the request with modifications or conditions agreed to by the developer;
(c) Approve only a portion of the request, requiring a portion of the required open space to be included on the site of the proposed development; or
(d) Deny the request.
(2003 Code, § 8-3.5.3) (Updated 2009)