§ 165.396 OPEN SPACE STANDARDS.
   This open space standards section applies to the following types of development: ST; CV; CS; TD; TN; ZL; SC; CD; IP; DP; and PD.
   (A)   Applicability. The minimum open space required for each type of subdivision shall be as indicated in the layouts in §§ 165.365 through 165.374 or as indicated in §§ 165.240 through 165.246 for planned developments.
   (B)   Ownership. Open space areas shall retain private ownership whether that be a single land owner or an owners’ association.
   (C)   Qualifying areas. The following features count toward the minimum open space requirements:
      (1)   Conservation areas. Any required preservation/conservation area;
      (2)   Human-made water features. Any human-made water feature, including a retention facility, if it supports aquatic life and provides native habitat that meets the following conditions:
         (a)   A surface area at normal pool elevation of at least 32,670 square feet (three-fourths acre); and
         (b)   A buffer area around the perimeter of the water feature that is at least 50 feet in width that is open space. The buffer area shall be planted and maintained as wildlife habitat.
      (3)   Human-made dry detention facilities. Any human-made storm water dry detention facility that meets the following conditions:
         (a)   At least 10,890 square feet (one- fourth acre) of flat bottom area;
         (b)   Depth of the detention facility shall not exceed four feet from top of bank;
         (c)   Slopes within the detention facility shall not exceed a four to one (4:1) ratio; and
         (d)   A buffer area around the perimeter of the facility that is at least 25 feet from the top of bank that is open space. The buffer area (and facility) shall be planted and maintained as usable area. This includes use of prairie grasses, native species, native ground cover or lawn grass. Tree planting shall not be within the basin area or on the slopes of the bank.
      (4)   Regulated floodplain. The regulated floodplain of any stream, regulated drain or river;
      (5)   Required perimeter landscaping. Fifty percent of the perimeter landscaping areas required in the applicable § 165.399 (Perimeter Landscaping Standards); and
      (6)   Other. Other common areas set aside to meet open space requirements.
(Ord. 10-2010, passed - -2010, § 7.15)