Open spaces, whether required by a zone or voluntary, shall meet the following.
(A) Each development shall provide open space that is at least 15% of the gross development area or 500 square feet per housing unit, whichever is greater.
(B) The design and location of the open space site as well as its landscaping, and recreational furniture shall serve one or more of the following functions:
(1) Provide opportunities for outdoor recreation;
(2) Provide contrasts to the built environment;
(3) Preserve scenic qualities;
(4) Protect sensitive or fragile environmental areas;
(5) Enhance and protect the values and functions of trees and forest;
(6) Preserve the capacity and water quality of the storm water drainage system; or
(7) Provide pedestrian and bicycle transportation connections.
(C) Open space within a development shall consist of one parcel broken only by streets or pathways.
(D) Open space in excess of four acres and providing for outdoor recreational opportunities shall provide off-street parking for four vehicles per acre of open space (golf courses are excluded from this requirement).
(E) Open space ownership. Open spaces shall be the property of the development's Homeowners Association (HOA) or an equivalent legal entity. Such association shall assume the responsibility of developing, maintaining, preserving, policing and ensuring said open space. The association shall have the power to assess property owners within the development for the development, maintenance, preservation, policing and insurance of said open space.
(F) Open space management plan.
(1) The applicant shall submit a plan for management of the open space (management plan) that: allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided.
(2) Provides that any changes to the management plan be approved by the town.
(G) Open space maintenance. Maintenance of open space owned by a town-approved Homeowners Association (HOA) or an equivalent legal entity, shall be the responsibility of this entity. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition the town may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to this entity, or to the individual property owners that make up this entity and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
(Prior Code, § 14.02.160) (Ord. 2018-10, passed 8-8-2018; Ord. 2021-19, passed 12-15-2021)