The following standards shall apply to all required open space unless otherwise noted.
(A) In residential cluster developments, multi-family developments, equestrian subdivisions, manufactured home parks, planned development districts, and major subdivisions as defined in Chapter 154 - Land Development Regulations of the Newberry County Code of Ordinances:
(1) No existing development shall be expanded or enlarged unless the minimum open space requirements of this section are met.
(2) Required buffers may be included in open space if held in common ownership.
(B) Open space requirements shall be calculated using the open space ratio.
(C) Open space may 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.
(D) All required open space shall be well buffered from moving vehicles.
(E) Required open space shall be substantially clustered around the edges of the development to buffer the development against adjacent tracts of land, especially land used for agriculture and low density residential development.
(F) The land used for required open space shall have an average slope of 5% or less with no portion of the land exceeding a 15% slope.
(G) Open space areas set aside in residential cluster developments may be used for onsite treatment of stormwater.
(H) Required open space may be public or private. The planning, construction, and maintenance of privately owned facilities shall adhere to the following:
(1) 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 or corporation. Land designated as open space may not be separately sold, subdivided or developed.
(2) Public open space may be held by any private non-profit organization created for such purposes that has been approved by the County Council. Public open space shall:
(a) Have direct access from public streets;
(b) Be visible and easily accessible; and
(c) Have multiple points of entry.
(3) High maintenance cost facilities such as swimming pools shall not be counted in determining compliance with the minimum open space requirements of this section. 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 feasible alternative exists.
(4) Each phase of a phased development shall meet the minimum requirements for open space. All plans for such developments shall demonstrate compliance for each phase. No certificates of occupancy shall be issued until all such required facilities have been installed or bonded by the developer and approved by the county.
(5) The responsibility for the perpetual maintenance of open space shall be with the owner. Maintenance for required open spaces shall include ensuring that no hazards, nuisances or unhealthy conditions exist; and keeping the property neat and orderly in appearance and free of litter and debris. Failure to adequately maintain open space shall constitute a violation of this chapter and shall subject the owner to any and all remedies permitted herein.
(Ord. 06-11-16, passed 9-21-2016)