(A) Designation of open space. No less than 20% of the land developed in any planned unit development shall be reserved as common open space for the residents or users of the area being developed. The open space shall be located as required in division (C) below. All required open space shall be readily accessible and usable by residents living within the approved development.
(B) Types of permitted open space.
(1) Common open space may either passive or active in nature and shall fully complement the proposed development. Such space shall take the form of parks, playgrounds, landscaped green space, nature walks or natural areas.
(2) Land donated for any public purpose, which is accepted by the town, may be credited towards the open space requirement at the discretion of the Plan Commission.
(3) Where a planned unit development is to be developed in phases, a portion of the required open space shall be provided in each phase. Maintenance of the open space shall be provided for in the planned unit development’s restrictive covenants recorded as part of the project.
(4) Common open space shall be either adjacent to, or accessible by, all properties within the planned unit development. Furthermore, open space shall be situated in such a way that it may be linked up with other open spaces adjacent to the proposed planned unit development.
(5) Private required yards on individual lots shall not count towards the open space requirements of this section.
(C) Disposition of common open space. The required amount of common open space land reserved in a planned unit development shall be held in corporate ownership by homeowners or the homeowners association of the project area for the use of each owner who buys property within the development or under exceptional circumstances be dedicated to the town, following consent and approval by the Plan Commission, and retained as common open space for public parks, recreation and related public uses. All land dedicated to the town must meet the Plan Commission’s requirements as to type, size, shape and location. Public utility and similar easements and rights-of-way are not acceptable for common open space dedication to the town, unless such land or right-of-way is usable as a trail or other for other similar purposes and approved by the Plan Commission. A homeowners association (HOA) shall be established and in place prior to the development of any land within a planned unit development with the open space(s) under their control being denoted on the record plat and identified as “non-buildable open space” other than for HOA approved uses.
(D) Maintenance of open space.
(1) Homeowners or a homeowners association shall be responsible for maintenance of open space and other required amenities within the proposed PUD unless it is dedicated to and accepted by the town. A homeowner’s association shall be established and the bylaws and articles of incorporation shall be recorded at the time of approval of the final plat, prior to issuance of a zoning certificate or approval of a final plat.
(2) The Plan Commission may require a maintenance bond be provided or an escrow account established by the developer for maintenance and upkeep of all common areas until such time as 75% of the lots in the planned unit development have been sold.
(Ord. passed 9-26-2006)