VII. OPEN SPACE

   A.   Calculation of Open Space Exclusive of Lot Areas

      The PDD contains a significant amount of open space consisting of the following:

 

On-site mitigation	63.32 acres
Water Impoundment Area	30.00 acres
Perimeter Mitigation Berm	4.10 acres
Lake Area and Lake Maintenance area	51.68 acres
Landscape Buffer Areas and Landscaped Common Areas	13.39 acres
Total Open Space Provided (Exclusive of previous area within lots)	162.44 acres
Open Space Percentage	67.9%

 

   B.   Description of Open Space Components/Ownership

      (1)   The Onsite Mitigation area will consist of 63.32 acres of high quality wetlands, open water and buffer areas. The Property used for the mitigation area shall be subject to a conservation easement that requires the property to be maintained as a restored wetland. The Onsite Mitigation Area will either be conveyed to the Indian Trace Development District or the Estates of Swan Lake Homeowners’ Association (whichever is appropriate).

      (2)   The water impoundment area (“WIA”) shall be conveyed to SFWMD and shall be restricted to water preserve area uses as described in Section VI. The WIA shall be subject to a declaration of restrictions that limits the uses of the WIA property to a surface water impoundment and ancillary facilities needed to support that use of the property.

      (3)   Lake area and Lake Maintenance Area shall be conveyed either to the Indian Trace Development District or the Estates of Swan Lake Homeowners’ Association (whichever is appropriate), to be used for water management for the Estates of Swan Lake Development.

      (4)   The Landscape Open Space and Buffer Areas shall be owned and maintained by the Estates of Swan Lake Homeowners’ Association and shall be designed in substantial conformity with the cross-sections shown in Figures 10-A and 10-B.

   C.   Lot Open Space

The overall open space within the lots will be a minimum of 40% resulting in approximately 28 acres of additional open space.

   D.   Ownership of Common Areas

The Landscape Open Space Common Areas together with the other common areas, including but not limited to, entry features, roadways, sidewalks, and utility easement areas shall be conveyed into the ownership of the Estates of Swan Lake Homeowners’ Association and shall be the maintenance obligation of that association. The Estates of Swan Lake Homeowners’ Association shall be created and the homeowners’ documents shall be placed of record prior to the conveyance of any of the residential lots.