(A) Requirements. No less than 20% of the land developed in any planned unit development project shall be reserved for common open space for the residents or users of the area being developed. A minimum of 50% of the required common open space area shall consist of active open space as defined in § 153.007. Any undisturbed areas of the project required to provide one or more conservation easement areas as set forth in § 153.345(K) may be counted towards the required open space allocation required under this section. The open space shall be disposed of as required in division (B) of this section.
(1) When the project area of any planned unit development is five acres or less, the amount of required active open space shall be 10% of the total project area.
(2) When the physical terrain and site layout permits, all open space areas shall be connected through pedestrian related facilities including but not limited to: sidewalks, hike/bike trails, other similar pedestrian pathways.
(B) Disposition of open space. The required amount of common open space reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development, or be dedicated to the city and retained as common open space for parks, recreation and related uses. All land dedicated to the city must meet the Planning Commission's requirements as to size, shape, and location. Public utility and similar easements and rights-of-way, for water courses and other similar channels, are not acceptable for common open space dedication to the city, unless such land or right-of-way is useable as a trail or other similar purpose and approved by the Planning Commission. City Council shall have the discretion to accept or deny any common open space proposed to be dedicated to the city.
(C) Maintenance of open space. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final developmental plan.
(Ord. 2732, passed 5-19-94; Am. Ord. 09-3306, passed 10-15-09)