The proposed development plan for an open space cluster development must provide common open spaces, in addition to park dedication requirements of the City subdivision ordinance, in a site design appropriate to the location of building lots, consistent with the following provisions, subject to review and approval of the City Council:
A. Area Regulations:
1. A minimum of fifty percent (50%) of the net buildable land subdivided for development shall be dedicated to open space consisting of natural habitat, neighborhood recreation, and/or pedestrian corridor open space (see figure 60-A of this section). Land to be dedicated to conform with park dedication requirements of section 10-8-15 of this Code may be taken from the fifty percent (50%) of net buildable area referenced above.
2. All designated open space shall be platted as outlot parcels held as open space in perpetuity.
3. Each open space outlot shall be classified as natural habitat, neighborhood recreation, or pedestrian corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification.
FIGURE 60-A
Natural habit at, pedestrian corridor and neighborhood recreation open spaces are located on the development site according to the type of use.
B. Location Criteria: Open space outlots shall be located on the development site according to the following locational criteria:
1. View Sheds: The open space outlots shall preserve the maximum quantity of view shed open space for the anticipated homesite lots on the development tracts (see figure 60-B of this section).
FIGURE 60-B
View sheds are directional vistas from a homesite between tree stands and other neighborhood structures.
2. Natural Habitat: The development shall preserve the maximum quantity of natural habitat open spaces in a contiguous, connected configuration. Natural agricultural habitat open spaces may include, but are not limited to, fields, pastures, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable view sheds.
3. Pedestrian Corridors: The development shall locate pedestrian corridor open spaces in strategic places such that larger open space outlots and designated places of destination both on the development tract and adjacent tracts are connected with one another. Pedestrian corridor open spaces may include, but are not limited to, established regional trails, local pathways, paved walkways, and shorelines. Pedestrian corridor outlots shall be a minimum of twenty feet (20') in width.
4. Neighborhood Recreation: The development shall locate neighborhood recreation open spaces such that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons, playgrounds, ball fields, gardens, or other recreational areas.
C. Accessibility: Open spaces shall be accessible to pedestrians at not less than one thousand three hundred twenty foot (1,320') intervals along public streets. Where necessary, pedestrian access corridor outlots between private lots shall be at least twenty feet (20') in width.
D. Deed Restrictions: Deed restrictions shall be recorded upon all open space outlots at the time of subdivision specifying allowed use of the outlot in conformance with its open space classification. Amendments to the allowed uses of the open space outlots shall be subject to approval of the City Council.
1. Natural habitat open spaces shall be considered conservation easements and are for responsible use and enjoyment as passive open space, pasture or agricultural fields. Construction in these areas shall be limited to trails (paved or unpaved), open air shelters, bridges, benches, birdhouses, wood fencing, communal drain fields, and other uses as approved by the City Council.
2. Neighborhood recreation open spaces shall be used for active or passive recreational purposes, including gardening. Construction in these areas shall be limited to gravel or paved walkways, open air shelters, birdhouses, garden storage sheds no larger than one hundred fifty (150) square feet, wood fencing, landscaping planting, play equipment, outdoor furniture, facilities for active recreation, and other uses as approved by the City Council.
3. Pedestrian corridor open space shall be used for pedestrian or bicycle travel. Motorized vehicles shall be prohibited. Construction in these areas shall be limited to gravel or paved pathways, wood fencing, and landscape planting. Other uses or structures may be allowed by City Council approval.
4. Habitable structures shall not be permitted in any open space outlot.
E. Ownership And Management: Each designated open space outlot shall be owned and managed according to one of the following means, subject to City Council approval.
1. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one outlot of open space is held in common ownership, a homeowner association shall be established for that subdivision, and membership in the association by all property owners in the subdivision shall be mandatory.
2. Open space may be deeded to an established land trust. Management shall be the responsibility of the land trust. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust.
3. Open space may be deeded to the City of Otsego, subject to acceptance by the City Council. Management shall be the responsibility of the City. (Prior Code § 20-60-7)