(A) General provisions. All proposed subdivisions shall contain green space. Except for sidewalk easements, the green space shall be owned, supervised, managed, and maintained by the developer or subdivision homeowner’s association. The green space shall consist of passive or active use green space, whether developed for recreational uses or not. Exception: Green space shall not be required in proposed subdivisions that are zoned as Single-Family Residential R-1E.
(1) Green space shall not include water detention or other manmade storm water management areas; however, natural ponds or lakes that are part of the storm water management system shall be considered as green space, as well as 50% percent of manmade water retention ponds if included in common ground and not on private property.
(2) Utility transmission corridors, whether in permanent right-of-way or easements shall not be counted as green space.
(3) Green space must be accessible to all lots via rights-of-way or easements to preclude persons having to cross private property.
(4) Creative uses of green space are encouraged.
(B) Enforcement. The subdivision's covenants must be recorded and shall include language to the effect that, if the homeowner's association fails to maintain the green space, the city shall have the right, but not the obligation, to maintain the green space and impose a lien on each of the homeowners’ property for a pro rata share of the maintenance and administration costs, or impose a fine on the homeowner's association in the amount of the maintenance and administration costs. A stop work order on all future building permits on each of the homeowners' property may be in place until the fine is paid in full.
(C) Minimum green space requirements. The amount of green space required in a subdivision shall be based on the following schedule:
(1) R-l and R-la Zoning Districts: 10% of total area of subdivision shall be green space.
(2) R-2 Zoning Districts: 20% of total area of subdivision shall be green space.
(3) R-3 Zoning Districts: 20% of total area of subdivision shall be green space.
(4) All other Districts: 4% of total area of subdivision shall be green space.
(D) Individual green space area size. Every green space area shall be a minimum of 10,000 square feet in size and shall be configured to provide adequate space for meaningful passive or active recreation areas and not merely remnants of land area not adequate for inclusion in a lot. Not more than 20% of the green space may be covered by impervious surfaces, including but not limited to parking lots, tennis courts, buildings and other structures.
(E) Green space credits. Up to a 30% reduction in the green space requirement may be achieved by using the following methods:
(1) Central location credit. If the entire green space requirement is made in one central location and interconnected to pedestrian routes, a 10% credit in total green space required area may be issued.
(2) Structural improvements to centrally located green space. If there are structural improvements to the centrally located green space, up to a 10% additional credit in total green space required area may be issued. An example of potential credited improvements would be: pavilion, gazebo, basketball court, tennis court, playground structures, community swimming pool, etc. The percentage of credit will be determined by how much of the subdivision this facility would support.
(3) Loop trail credit. If a subdivision includes a paved eight-foot wide loop trail connecting the majority of lots and accessing public rights-of-way, up to a 10% credit in total greens space required area may be issued.
(4) Natural preservation credit. If the subdivision green space is preserved in a natural wooded state or wetland, up to a 5% credit in total green space required may be issued.
(5) Stream buffer credit. If the subdivision provides a minimum of a 50 feet buffer from any natural stream to private property, up to a 10% credit in total green space required may be issued. The buffer must begin at the stream's top of bank. Length of stream internal to the development, size of stream, and design of buffer are all variables in determining the credit. For example, a turf grass buffer versus a reestablished natural prairie would carry different credits. Depending on the stream, preserving versus disturbing and restoring the buffer could also carry different credits.
(6) Tree planting credit. If the subdivision plants a minimum of two canopy trees per lot, 2.5 inch caliper or greater, up to a 5% credit in total green space required may be issued. Tree species must be native to the region.
(F) Cumulative impact of adjacent subdivisions. Subdividers shall not avoid the green space requirements of this section by configuring proposed subdivisions into smaller parcels or attempting phased developments to avoid setting aside green space. When any parcel is proposed for subdivision, the subdivider shall provide green space in accordance with this section.
(G) Protection of green space. Green space shall be protected from development through deed restrictions or restrictive covenants which will ensure its perpetual use as a green space as defined herein, and which further provides that no changes in use may be made without express written consent of the City Council.
(H) Other green space. The provisions of this section are minimum standards. None of the divisions above shall be construed as prohibiting a developer from providing other land for green space purposes in addition to the requirements of this section.
(I) Green area buffers along bike paths.
(1) Every residential subdivision platted after the effective date hereof and which abuts or straddles an existing or proposed bike path, as indicated in the bike trail plan section of the transportation element of the future land use map, shall provide an appropriate permanent green area buffer along the existing or proposed bike path. All the green area buffers shall be included on the respective subdivision plats and appropriately integrated into the restrictive covenants for the subdivision.
(2) Every residential subdivision lot for which a building is proposed or potentially allowed shall be separated from every existing and proposed bike path right-of-way by a green area buffer with a minimum width of 25 feet from the center of the bike path to the adjoining property lines. The design and layout of the green area buffer shall provide for the maximum possible physical segregation and screening between the adjacent subdivision lots and the existing or proposed bike path right-of-way.
(3) The green area buffer will be set aside as common grounds of the subdivision. The green area buffers may be applied to the green space requirements of this section. The green area buffer shall be owned, supervised, managed and maintained by the subdivision homeowner's association.
(4) The green area buffers shall not be developed or improved, except as authorized by this division. To the extent feasible, these green area buffers shall remain in their natural state, retaining the existing topography with its trees and vegetation. However, the developer shall appropriately plant these green area buffers with other vegetation and perennial grasses for proper soil stabilization and additional trees for proper screening of adjacent residential lots. Where the green area buffers are dedicated as subdivision common ground green space, appropriate subdivision restrictive covenants shall be established to ensure that no subsequent improvements are made and the natural setting of the land is retained after the subdivision is platted.
(5) An exception to the improvement restrictions of green area buffers in division (D)(4) above may be made for the proper provision of city water and sewer facilities. Where necessary or desirable, as determined by the Superintendent or his or her designee, water and sewer facilities may be placed through green area buffers. All subdivision plats shall provide a city utility easement for placement and maintenance of water and sewer improvements throughout the green area buffers.
(6) In the establishment of green area buffers, the developer is encouraged to utilize creative and unique design criteria when integrating the green area buffer requirements into the overall layout of the respective subdivision plats.
(7) If the dedication of green area buffers would cause great practical difficulties or undue hardship, the developer may apply for relief by formally requesting a variance to the requirements provided in § 153.193.
(J) Bike path accessways.
(1) Every residential subdivision platted after the effective date hereof which abuts or straddles an existing or proposed bike path, as indicated in the bike trail plan section of the transportation element of the future land use plan, shall provide appropriate permanent bike path accessways to connect its subdivision streets to existing or proposed bike paths. All such bike path accessways shall be dedicated to the city and included on the respective subdivision plats.
(2) Every platted residential subdivision which abuts or straddles an existing or proposed bike path shall provide one or more bike path accessways for the connection of the bike paths to the residential streets within the subdivision. The layout and number of the bike path accessways shall be designed to provide all residents of a given subdivision access to the bike trail via the internal street network of the subdivision.
(3) Each bike path accessway shall consist of a minimum right-of-way width of 30 feet, extending from the existing or proposed bike path to one or more residential streets within the subdivision. The respective bike path accessways shall be dedicated to the city.
(4) Each bike path accessway shall be laid out to intersect as nearly as possible at right angles with the connecting subdivision street and the main bike path adjacent to the subdivision. The subdivision street connection with the bike path accessway shall not be placed within 100 feet of an intersection of two streets. Any bike path accessway intersecting at a street subdivision cul-de-sac shall have a center line radial from the center of the cul-de-sac. Adequate sight lines shall be provided at all bike path accessway intersections.
(5) The grades of bike path accessways shall conform as closely as possible to the natural topography, and in no case shall the pavement structure exceed a maximum grade of 10% or exceed any state for Federal requirements. Pavement grades shall be limited to a maximum of 3% within ten feet of any bike path accessway intersection. Cross slopes of bike path accessway pavements shall be designed with a 1.5% slope to provide proper drainage and biking surfaces. The earth shoulders of a bike path accessway, extending from the edge of the pavement, shall be sloped for proper drainage and soil stabilization, but shall not exceed a 3 to 1 slope. The developer shall plant these earth shoulders in perennial grasses to ensure proper control of soil erosion and sedimentation runoff.
(6) Bike path accessways shall be improved by the developer with a ten-foot wide bike path surface as specified for in Appendix A - Standard Specifications Plant Sheet. These standards along with other applicable requirements of this section shall also apply to bike path accessway improvements. The developer shall also pay for all required bike path accessway signage required by the bike path owner.
(7) In the establishment of bike path accessways, the developer is encouraged to utilize creative and unique design criteria when integrating bike path accessway requirements into the overall layout of the subdivision plats.
(8) If the dedication of bike path accessways would cause great practical difficulties or undue hardship, the developer may apply for relief by formally requesting a variation to the requirements provided in § 153.193.
(K) Other public uses.
(1) Plat to provide for public uses. Except when an applicant utilizes planned development procedures in which land is set aside by the developer as required by the provision of the zoning ordinance, whenever a tract to be subdivided includes recreation uses, or other public use as indicated in any portion of the comprehensive or official map, the space shall be suitably incorporated by the applicant into its preliminary plat. After proper determination of its necessity by the City Council and the appropriate official of any other public agency involved in the acquisition and use of each site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
(2) Referral to public body. The Planning Commission shall recommend the preliminary plat to the City Council for its consideration and approval. The City Council may propose alternate areas for the acquisition and shall allow the public body or agency 30 days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
(3) Notice to property owner. Upon receipt of an affirmative report, the City Council shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
(4) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification, in writing, from the owner that he or she intends to develop the land. The letter of intent shall be accompanied by a preliminary plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these regulations.
(L) Preservation of residential subdivision common grounds and green space areas.
(1) Unless the City Council determines that exigent circumstances justify otherwise, every existing or future residential subdivision common ground or green space area shall continue to exist on a perpetual basis. This is to ensure the preservation of present and future subdivision common ground or green space or land devoted to subdivision recreational activities, park-like areas, buffers or other open space in the respective subdivisions.
(2) Existing and future subdivision common grounds and green space areas shall not be allowed to be split, subdivided or re-platted. No portion or whole of any subdivision common ground shall be allowed to be combined with or transferred into any other tract of land, platted area or lot. Each subdivision common ground and green space area will continue to exist, on an ongoing basis, as a separate legal entity as it was originally platted in the establishment of the subdivision.
(3) No residential structures or commercial buildings shall be permitted to be constructed on any subdivision common ground or green space area. Applicable subdivision restrictive covenants for the common grounds and green space areas will apply and govern the ongoing management and maintenance of the subdivision common grounds and green space areas.
(4) It is envisioned that normally the subdivision common grounds will be established and maintained under the ongoing ownership of an entity of the respective subdivisions. If, however, the ownership of a subdivision common ground area is transferred to another third party through a forced sale such as delinquent taxes, other court-ordered action, or any other type of land transfer, the restrictions of this section along with other applicable sections of this title will continue to apply.
(Ord. 2009-21, §18.5-3-42, passed 10-5-2009; Am. Ord. 2016-29, passed 11-7-2016; Am. Ord. 2020-15, passed 6-15-2020)