A portion of the area in a Conservation Development shall be devoted to common open space.
(a) General Standards. The common open space shall comply with the following regulations:
(1) The minimum common open space required shall be thirty-five percent (35%) of the entire project area in R-1 and the R-2 District.
(2) Open space shall be aggregated areas but shall not include the following:
A. Public rights-of-way 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. If the open space contains pedestrian trails that are open to the public then such trails may be deemed a substitute for the street sidewalks, if approved by the Planning and Zoning Commission.
(4) Open space shall be designed and located to preserve significant natural features and historical elements to the maximum extent possible. 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 development 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.
1. 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:
a. A buffer area having a width not less than twenty (20) 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.
b. A minimum building and pavement setback of thirty-five (35) feet, measured from the edge of the designated wetland.
2. Conservation of Riparian Zones. All riparian zones shall comply with the regulations governing riparian zones.
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 areas history, such as barns, mills, etc. shall be preserved to the maximum extent possible.
(5) When approved by the City, a portion of the common 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 common open space established as part of a Conservation Development shall be either:
A. Retained by the owners of the Conservation Development area;
B. Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as common open space; or
C. Offered to the City for public open space. The City shall have the right to not accept any land area offered to the City. In the event of such refusal, the conditions of either A. or B. above, shall apply. Any land area that is accepted by the City for dedication as public open space shall also continue to be counted toward the requirement for common open space.
(7) The legal documents relating to the ownership, management, public easements if any, and maintenance of such common open space shall be reviewed and approved by the City's Law Director. The Law Director shall indicate such approval prior to the final development 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 common 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 common open space. Recreational facilities proposed to be constructed in dedicated open space shall be clearly shown on the development plans.
(c) Prohibition of Further Development of Common Open Space. The common open space, required by Section 1143.06
, shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City’s Law Director and duly recorded in the Office of the Recorder of Lake County. (Ord. 2006-35. Passed 5-25-06.)