A. General Requirements
1. Applicability
Any development with an apartment, multi use, or general building type in a Commercial/Residential, LSC, Commercial/Residential Floating, or LSCF zone must provide the required public open space under the applicable development standards.
2. Defined
Public open space means space devoted to public use or enjoyment that attracts public appreciation due to its location and amenities.
3. Public Open Space Alternatives
a. Development with a civic and institutional use in the LSC zone may provide up to 50% of the required public open space as amenity open space under Section 6.3.7, if the Planning Board finds that the amenity open space better serves the public interest due to health and safety concerns.
b. Up to 5% of public open space may be used for outdoor café areas.
B. Design Requirements
1. Standard Method Development
Under standard method development, public open space must:
a. abut a public sidewalk or other public pedestrian route;
b. be a minimum of 15 feet wide;
c. include seating and shade;and
d. be in a contiguous space.
2. Optional Method Development
Under optional method development, public open space must:
a. abut a public sidewalk or other public pedestrian route;
b. include space for pedestrian circulation, landscaping, seating, shade, water features, artwork, or recreation; and
c. be in a contiguous space or spaces that abut other public open space or sidewalks or pedestrian routes and are not so fragmented and disconnected that they do not satisfy the intent of Division 6.3.
C. Off-Site Options
The Planning Board may find that the requirement for public open space is satisfied in whole or in part by:
1. making public park or public open space improvements in an area at least as large as the required public open space located within or near the applicable master plan area; or
2. paying all or part of the cost to design, construct, renovate, restore, install, or operate a public open space located within or near the applicable master plan area if the payment:
a. equals the cost of constructing the same amount of public open space and any associated amenity on-site per square foot plus the fair market value of the land per square foot;
b. implements the open space, recreation, and cultural goals of the applicable master plan; and
c. is made within 30 days after the release of any building permit for the subject application.