As a condition of primary approval of a subdivision, each subdivider or developer will be required to provide for open space in subdivision design to serve the immediate and future needs of the residents of the development, in accordance with the standards, criteria, and formula set forth in this section.
(A) Subdivision open space design.
(1) Minor subdivisions shall be exempt from the requirements of this chapter.
(2) Major subdivisions with a gross density of 1.0 unit per acre or less shall be exempt from the requirements of this chapter.
(B) Subdivision base density. The percentages in the following table refer to the percentage of a subdivision's gross site acreage which must be devoted to open space as defined in this chapter.
RESIDENCE DISTRICT (PER ZONING ORDINANCE) | STANDARD OPEN SPACE REQUIREMENT (SOSR) |
RESIDENCE DISTRICT (PER ZONING ORDINANCE) | STANDARD OPEN SPACE REQUIREMENT (SOSR) |
R-1 | 7% |
R-2 | 7% |
R-3 | 20% |
R-4 | 25% |
Multi-family | 25% |
PDR | 15% |
PDM | 20% |
(C) Open space schedule. Together with the primary plat application, the applicant must submit an open space schedule, noting the open space categories used and acreage of each. Subdivision open space is divided into three categories: natural open space, agricultural open space, and designed open space.
(1) Natural open space. (See division (F) below.) Natural open space includes all land areas set aside in a naturally occurring state, including priority conservation areas, used either:
(a) For the purpose of passive neighborhood recreational use;
(b) To protect scenic views; or
(c) To minimize views of new development from existing roads.
(2) Agricultural open space. (See division (G) below.) Agricultural open space includes all land areas set aside for agricultural uses, including pastureland.
(3) Designed open space. (See division (H) below.) Designed open space includes all land areas (other than agricultural and natural open space) set aside or designed:
(a) For passive or active recreational use within neighborhood areas;
(b) To enhance views of new houses from existing roads;
(c) To act as neighborhood focal points.
(D) General standards for open space. All subdivision open space that is set aside for common use shall be designed using the standards set forth within each open space category, and per the general requirements below:
(1) Open space must also be accessible for land management and emergency purposes.
(2) Open space must be easily and permanently identifiable as open space through one or more of the following: maintenance practices, permanent signage, permanent monuments, paths or walks, walls, or low fencing.
(3) Open space intended for active recreational use must be suitable for such use without posing interference with adjacent dwelling units, parking, driveways, and roads.
(4) Open space shall be undivided by streets or alleys, except where necessary for proper traffic circulation.
(5) Open space must be free of all structures, and buildings, except for structures directly related to the purpose of the open space provided, such as swimming pools, clubhouses, gazebos, picnic shelters, band shelters, decks and bridges. However, the Commission may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within open space, provided that such facilities would not be detrimental to the usability of open space.
(6) There shall be submitted an Open Space Conservation Plan as part of the primary plat application. The Open Space Conservation Plan shall address the intended use of project open space.
(E) Open space priority areas. Open space priority areas shall be protected to the extent indicated below, and may be utilized as project open space:
(1) Public wellhead protection areas representing a 200-foot radius control area around the wellhead, shall be protected in their entirety.
(2) The complete sealing of all lakes, ponds, or other water impoundment of any kind located within the one-year time of travel for any existing public wellhead. No lakes, ponds, or other water impoundment of any kind shall be allowed within the 200-foot radius of a public wellhead.
(3) The proposed subdivision of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and impervious surfaces.
(4) All FEMA and IDNR 100-year floodway and floodway fringe areas shall be preserved in their entirety, however:
(a) Alterations to floodway and floodway fringe areas may occur pursuant to a letter of map revision (LOMR) pursuant to the Federal Emergency Management Agency and Commission approval;
(b) Excavation, filling of earth or removal of native vegetation within 100-year floodway fringe areas shall be prohibited, except as may be required by the Lake County Drainage Board, or the town or one of its boards or commissions.
(5) Federal jurisdictional wetlands of one-half acre or greater shall be preserved in their entirety, including a 50-foot perimeter buffer area to insure their protection. Wetland alterations may occur, however, pursuant to a mitigation plan approved by the Indiana Department of Environmental Management and the Winfield Plan Commission.
(F) Standards for natural open space.
(1) Natural open space consists of any open space priority area, as set forth in division (E) above. Natural open space areas are generally the preferred form of project open space, opportunities for natural open space should be exhausted prior to implementation of other open space types.
(2) Natural open space areas may be altered, but only to the extent indicated in the Open Space Conservation Plan. Such alterations shall occur in accordance with the below standards, and consistent with the approved Open Space Conservation Plan.
(3) Unless otherwise approved by the Commission, each natural open space area must:
(a) Be a minimum area of one-half acre;
(b) Have a minimum width of 75 feet, and
(c) Have at least two points of access.
(G) Standards for agricultural open space. Agricultural open space shall be devoted to agricultural uses, including pastureland, or the raising of crops, and may include residences or facilities that are specifically needed to support an active, viable agricultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce offensive odors.
(1) The minimum land area for agricultural open space shall be five acres.
(2) Pastureland is land reserved for horses that are solely for recreational purposes.
(3) Agricultural open space may not consume more than one-half (50%) of the SOSR.
(H) Standards for designed open space. Designed open space shall assume any one or more of the following forms: however, the Commission may consider and approve other forms not described in this section, pursuant to the criteria in division (H)(11) below:
(1) Squares. Squares are areas designed as neighborhood focal points and/or minor destination points for sitting or strolling and located at the intersection of neighborhood streets.
(a) Squares shall be no greater than 10,000 square feet, with a minimum width of 75 feet.
(b) Streets shall bound squares on at least two sides.
(c) Squares shall be improved with a combination of paved areas and landscaped areas, and should be furnished with benches, lighting, and other site details such as perennial gardens, shrub borders, birdbaths, and fountains. All landscaping for squares shall be approved by the Plan Commission based upon the recommendation of the Park Board if one is in existence, otherwise by the Plan Commission.
(2) Parks. Parks are open space areas designed specifically for, and equipped for, the play of small children.
(a) Parks shall have a minimum area of 10,000 square feet, with a minimum average width of 90 feet.
(b) One point of access is required for each 25,000 square feet, up to a maximum of three points of access.
(c) Park areas should be fenced and may include an open shelter.
(d) Parks should be interspersed within neighborhoods, a short walking distance from dwellings.
(3) Greens. Greens are medium sized open space areas that are designed for unstructured recreational use.
(a) Greens shall be no less than 40,000 square feet in area, with a minimum average width of 150 feet.
(b) Greens shall be bound on three sides by streets or house facades.
(4) Boulevards. Boulevards are linear open spaces located within a public or private street and consist of:
(a) A linear street median, at least ten feet wide;
(b) Tree lawns along each side of the street, at least ten feet wide, and planted in a formal manner with street trees located on consistent spacing;
(c) Parallel multi-purpose pathways along each side, or, a multipurpose pathway along one side, and a sidewalk along the other. The minimum width for multi-purpose paths shall be ten feet.
(5) Greenbelts. Greenbelts are located along the perimeter of a neighborhood and adjacent to arterial streets or parkways. Greenbelts may be left natural or developed to provide for recreation opportunities. Minimum width: 100 feet.
(6) Planting strips. Planting strips are spaces no less than ten feet in width for planting miscellaneous plants and shrubs, and may contribute up to 15% of the SOSR.
(7) Trails. When a subdivision is traversed by or abuts a proposed or existing dedicated trail or a special opportunity corridor, the applicant shall provide for its development and continuation, consistent with the maps and policies of the Comprehensive Plan.
(a) If located outside of the street right-of-way, and upon private ground, the trail shall be placed within a conservation easement, a minimum of 30 feet in width. The language of the conservation easement shall be to the satisfaction of the Commission upon recommendation of the Commission attorney.
(b) No trail shall be designed with the intent to accommodate motorized vehicles except maintenance vehicles.
(8) Paths. Paths shall generally be located within the undivided (common) open space lands. In situations where paths must cross portions of house lots or conservancy lots, a permanent conservation and common access easement shall protect them.
(a) The minimum width for the access easement shall be 15 feet.
(b) Paths shall be paved with an all weather surface consisting of concrete asphalt, stone pavers, or recycled materials approved by the Plan Commission. All paths shall be constructed upon a compacted subgrade, shall have a minimum surface material depth of four inches, and a minimum width of five feet.
(9) Golf courses. Golf courses, excluding associated driving ranges or miniature golf facilities, may comprise up to 50% of the SOSR. However, lands devoted to parking areas, clubhouses, and any other accessory structures shall not count toward the SOSR.
(10) Ponds. Storm water management ponds that are designed, landscaped, and available for use as an integral part of a subdivision’s open space network may be counted toward a portion of the SOSR, based on a percentage equal to that portion of a pond’s perimeter which is not bounded by lots (e.g. 30% bounded by lots, 70% open space). All such ponds shall be designed to provide for public access around 100% of the pond’s perimeter.
(11) Forms of design open space. The Commission may approve other forms of design open space if a proposed open space meets the following criteria:
(a) It is designed as a neighborhood focal point.
(b) It is designed for people, and with one or more specialized functions, such as a sitting or gathering place; tot lot or playground; an area for court games, or a rogue or croquet field.
(c) It meets the general description of designed open space found in this section.
(d) It meets the general standards for open space found in division (D) above.
(I) Permanent protection through conservation easements.
(1) Subdivision open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities.
(2) The Commission shall review all proposed easements and shall accept them provided their wording accomplishes the purposes of this section and is consistent with the Comprehensive Plan.
(J) Ownership of open space and common facilities.
(1) Ownership options. The methods below may be used, either individually or in combination, to own common facilities.
(2) Transfer. Open space shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(a) Fee simple sale or dedication to the Park Board. The Park Board may, but shall not be required to, purchase or accept the dedication of the common facilities.
(b) Condominium association. Common facilities may be controlled through the use of condominium agreements. All open land and common facilities shall be held as common elements.
(c) Homeowners association. Common facilities may be held in common ownership by a homeowners association, subject to any of the provisions for homeowners associations set forth in the Zoning Ordinance. In addition, the following regulations shall be met:
1. The applicant shall provide the Commission a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
2. The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
3. Membership in the association shall be automatic (mandatory) for all purchaser of dwelling units therein and their successors in title.
4. The association shall be responsible for maintenance and insurance of common facilities.
5. The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with accrued interest before the lien may be lifted.
6. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association.
7. The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d) Private conservation organization. With permission of the Commission, an owner may transfer either fee simple title of the open space or easements on the open space to a private non-profit conservation organization provided that:
1. The conservation organization is acceptable to the Commission and is a bona fide conservation organization intended to exist indefinitely;
2. The conveyance contains appropriate provisions for proper reversion or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
3. The open space is permanently restricted from future development through appropriate covenants and a conservation easement which cannot be modified and runs with the land.
4. A maintenance agreement acceptable to the Commission is established between the owner and the organization.
(e) Dedication of easements to the Park Board. The town may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners association, or private conservation organization. In addition, the following regulations shall apply:
1. Any such easements for public use shall be accessible to the general public.
2. A satisfactory maintenance agreement shall be reached between the owner and the town.
(f) Non-common private ownership (conservancy lots). Up to 50% of the SOSR may be included within one or more large conservancy lots of at least three acres, provided:
1. A maximum of 75% of each lot area may be applied to the SOSR;
2. The open space is permanently restricted from future development;
3. The town is given the ability to enforce these restrictions.
(K) Maintenance. Unless otherwise agreed to by the Plan Commission, the cost and responsibility of open space land shall be borne by the property owner, condominium association, homeowners association, or a conservation organization.
(L) Modifications.
(1) The Commission may, after a public hearing, permit the modification of the provisions of this chapter. However, in terms of modifying any dimensional requirement (lot area, width, setbacks, etc.), such modification may not be greater than 40%.
(2) Any approval to permit such modification shall be subject to the following criteria:
(a) The proposal shall be in harmony with the purposes and the land-use standards contained in this chapter;
(b) The proposal shall enhance the subdivision plan, the central core area, the streetscapes, and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this chapter;
(c) The proposal shall not produce lots or street systems that would be impractical or detract from the appearance of the subdivision plan, and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air;
(d) The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the Commission's perspective, and represent the minimum modification necessary.
(3) If the Commission determines that the applicant has met his/her burden, it may grant a modification of the requirements of this chapter. In granting modifications, the Commission may impose such conditions that will, in its judgment, secure the objectives and purposes of this chapter.
(Ord. 144, passed 6-8-2006; Am. Ord. 144-A, passed 12-18-2007; Am. Ord. 210, passed 9-11-2012)