A portion of the area in a Conservation Development shall be devoted to open space.
(a) General Standards. The open space shall comply with the following regulations:
(1) The minimum open space required shall be forty percent (40%) of the entire project area in R-3 District and fifty percent (50%) in the R-10 Districts.
(2) Open space shall be aggregated areas but shall not include the following:
A. Public rights-of-way, private streets, drives, and parking areas;
B. Land fragments between two or more buildings, land fragments between buildings and parking areas, and any other land within fifteen (15) feet of all buildings and structures; and,
C. Required yards or setbacks between project boundaries and buildings or parking areas, unless the required setback is contiguous to and part of a larger area of open space.
(3) To the extent possible, open space areas shall be interconnected within the development and to adjacent parcels, and shall be easily accessible to residents of the Conservation Development.
(4) Open space shall be designed and located to preserve significant natural features and historical elements to the maximum extent possible especially those features shown on the Zoning Map. The following priorities should be considered when determining the land for open space designation:
A. Wetlands, floodplains, lakes and ponds, and other water resources. The site plan should avoid alteration of or construction within natural drainage ways, and shall utilize low impact storm water management techniques such as grassy swales to the extent possible.
i. Wetlands Protection. Wetlands that are required by the Army Corps of Engineers or the Ohio EPA to be retained shall be protected by the following:
I. A setback area having a width not less than thirty-five (35) feet, measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state.
II. A minimum building and pavement setback of fifty (50) feet, measured from the edge of the designated wetland.
B. Woodlands, orchards, prime farmlands, meadows, and other vegetation. The design and layout of the development shall conserve and incorporate these areas to the maximum extent possible, especially those containing significant wildlife habitats.
C. Scenic visual areas with respect to tree lines, unique vegetation, wildlife habitat, and other natural features. To the maximum extent possible, structures shall be located to ensure that scenic views and vistas are unblocked or uninterrupted, particularly as seen from existing and proposed public thoroughfares.
D. Historic structures or buildings. Buildings or structures with significant historic meaning or traditional meaning that pertains to the Village's history, such as barns, mills, etc. shall be preserved to the maximum extent possible.
(5) When approved by the Village, a portion of the open space may be used as retention basins, provided they are designed, arranged and landscaped in a manner consistent with the requirements for open space areas.
(6) The open space established as part of a Conservation Development shall be:
A. Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as open space;
B. Given to a land trust or other conservation organization approved by the Village; or,
C. Offered to the Village for public open space. The Village shall have the right to not accept any land area offered to the Village. In the event of such refusal, the conditions of A. or B. above, shall apply. Any land area that is accepted by the Village for dedication as public open space shall also continue to be counted toward the requirement for open space.
(7) The legal documents relating to the ownership, management, public easements if any, and maintenance of such open space shall be reviewed and approved by the Village's Law Director. The Law Director shall indicate such approval prior to the final site plan being approved by the Planning and Zoning Commission.
(b) Recreation Allowances. With the exception of extremely environmentally sensitive areas, passive recreation shall be permitted in open space for the enjoyment of the residents of the proposed development and/or the public. Active recreation shall be limited to no more than five percent (5%) of the open space. Recreational facilities proposed to be constructed in dedicated open space shall be clearly shown on the site plans.
(c) Prohibition of Further Development of Open Space. The open space, required by Section 1143.11, shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Village's Law Director and duly recorded in the Office of the Recorder of Lake County.
(Ord. 2011-14. Passed 4-9-12.)