(a) General Standards.
(1) The open space shall be located and designed to the satisfaction of the Planning Commission and shall:
A. Be sufficiently aggregated to create large areas of planned open space;
B. Conserve significant topographic and landscape natural features to the extent practicable;
C. Be accessible to residents of the Residential Open Space Conservation development;
D. Be not less than 50 feet in width at any point;
E. Be interconnected with open space areas on abutting parcels wherever possible, by open space corridors.
(2) Land area devoted to the following shall not be included as meeting the open space requirement:
A. Public rights-of-way;
B. Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space;
C. Required setbacks for buildings and parking areas from the project boundaries, and public streets, unless the required setback is contiguous to and part of a larger area of restricted open space;
D. Required spacing between buildings and between buildings and parking areas;
E. Private yards within subdivided lots;
F. A minimum of 15 feet between buildings and open space.
(3) Areas designated for restricted open space purposes may be:
A. Preserved in their natural state as steep slopes, wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or,
B. Used for outdoor active or passive recreation for the use and/or enjoyment of the residents of the proposed development, but shall not be used for organized sports, such as tennis courts or athletic fields. Any open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.
(4) Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(5) Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(Ord. 2012-21. Passed 7-11-12.)
(b) Prohibition of Further Subdivision of Open Space. Open space shall be prohibited from further subdivision or development by a conservation easement conveyed to a land trust or a third party, not the landowner or the Village, which is capable of accepting such conservation easement pursuant to Ohio R.C. 5301.68; which has sufficient funds and other resources dedicated to monitoring compliance with and enforcement of the conservation easement; and which can be reasonably expected to fulfill its obligations to monitor and enforce the conservation easement. The conservation easement shall be in a form acceptable to the Law Director and duly recorded in the Office of the Cuyahoga County Fiscal Officer.
(Ord. 2016-26. Passed 9-15-16.)
(c) Maintenance of Open Space. A perpetual maintenance plan for said common open space shall be submitted to the Village for review and approval by the Law Director and the Building Inspector. Said perpetual maintenance plan shall set forth responsibility for maintenance of all such common open space and describe the method of financing for said maintenance program. The perpetual maintenance plan shall become part of the development plan.
(Ord. 2012-21. Passed 7-11-12.)