§ 422. Open Space.

Land that is required by this Ordinance to remain as open space may be used for the recreation, agriculture, resource protection, amenity and other purposes specified in this Section. Open-space land shall be freely accessible to all residents of a development, with the exception that agricultural land uses shall be permitted to restrict access to that land to those solely engaged in agricultural pursuits.

Open space shall have qualities making it useful to residents of the development for either passive or active recreation, and will be developed to serve that purpose. Open spaces shall serve an important environmental/resource protection or visual role in separating the development from existing public ways or from other existing or potential developments; or shall be of value in dividing the development into coherent sub-areas. Non-recreational buildings, except those related to agricultural uses permitted under Section 422.01(C) shall not occupy open-space land.

422.01. All developments required by this Ordinance to provide open space shall meet the following requirements.

A.

Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed, and no structures shall be built on such land, except as provided below. All such properties shall be owned and maintained by the developer, owner of the development site, homeowners association, or other private entity approved by the City Attorney.

B.

An open-space plan shall be submitted as a part of the application for a site plan or subdivision approval. This plan shall designate and indicate the boundaries of all openspace areas required by this Ordinance. The plan shall:

1.

Designate areas to be preserved as open space. The specific design of open-space areas shall be sensitive to the physical and design characteristics of the site.

2.

Designate the type of open space, as established in this Section, to be provided.

3.

Specify the manner in which the open space shall be perpetuated, maintained, and administered in accordance with Section 422.02.

4.

Include proof of a mandatory and functioning Home Owners Association and contact information for same. The Arab Department of Planning & Zoning shall be provided an annual update of said contact information

C.

The types of open space that may be provided to satisfy the requirements of this Ordinance, together with the maintenance required for each type, are as follows:

1.

Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Natural watercourses are to be maintained as free flowing and devoid of debris. Stream channels shall be maintained so as not to alter the base flood elevation.

2.

Agricultural uses specified in Section 404.01.

3.

Garden plots are the division of open space into plots for cultivation as community gardens. Any change of use for the open space must be with the approval of the adjoining land owners and the Home Owners Association.

4.

Recreational areas are areas designed for specific, active recreational uses having minimal requirements for structures, such as tennis courts, swimming pools, softball fields, and golf courses. An enclosed structure shall be permitted in a recreational area only where it directly supports a specific facility and does not require off-street parking. Recreational areas shall be accessible to all residents of the development.

5.

Greenways are linear green belts linking residential areas with other open-space areas. These greenways are encouraged to designate developed bicycle paths, footpaths, bridle paths, fitness trails, or other similar development. Inter-connecting the greenway system between residences and recreational areas is encouraged.

D.

Open space shall be appropriately located and large enough to address the open space characteristics cited throughout Section 422.

1.

No dwelling unit shall be located more than 750 feet from designated open space. The Planning Commission may waive this distance requirement where the developer proposes a major recreational facility which will occupy at least 50 percent of the required open space for the development. No more than ten (10) percent of the dwelling units in the development may be occupied before this facility is completed and available for use.

Where intervening non-recreational properties separate a dwelling unit from an open space area, the Administrative Officer may require an easement or other means of access for non-motorized traffic to avoid the need for pedestrians to cross or travel on roads carrying vehicular traffic.

2.

No parcel of property, or portion thereof, less than 40 feet wide and 7,500 square feet in size shall be counted toward the designated open space requirement. Open space areas containing paved or stabilized paths for pedestrians and/or bicycles shall be exempt from this requirement if such paths are part of a comprehensive circulation system serving a portion of the development or are included in connecting Greenways.

3.

All open space shall be easily visible and freely accessible.

4.

The following shall not count toward fulfillment of designated open space requirements:

a)

platted lots for residential use or designated sites for manufactured homes or recreational vehicles;

b)

easements for roads, driveways or any other use which is not consistent with the purposes of open space as established in this Section;

c)

parking areas, including adjacent areas containing required landscaping;

d)

public or private right-of-way;

e)

private roads and driveways;

f)

areas of required spacing between structures, manufactured homes or recreational vehicles;

g)

Commonly owned lawns consisting of grass with or without trees. (i.e. condominiums, townhouses, patio homes, etc.)

h)

areas which have been cleared of vegetation, excavated, filled, or otherwise altered from their natural state unless such alteration is consistent with the proposed use of the open space parcel approved as part of an overall development plan;

i)

any development site (as established by a site plan) containing a clubhouse or a non-recreational use including, but not limited to, office, restaurants, gift shops, and groundskeeper storage buildings;

k)

any other areas which the Administrative Officer finds to be inconsistent with the intent of this Section.

In addition, no lake, pond, or other permanent water body shall constitute more than 25 percent of the total open space required for the development. No golf course shall constitute more than 60 percent of the total open space required for the development.

422.02. Preservation of open space. Open-space areas shall be maintained so that their use and enjoyment as open space is not diminished or destroyed. Where open space is to be provided within a subdivision, such areas shall be designated by creating separate parcels within the perimeter of the plat. These parcels shall be given a sequential lot number, labeled as to their intended use, and the plat shall note the entity or entities having ownership and maintenance responsibility.

Where open space is provided within a development site, which is the subject of a site plan, and is under different ownership than the rest of the site, it shall nevertheless remain part of the development site pursuant to Section 902.12. Unless the site plan is amended or withdrawn in accordance with Section 902.10, the open space areas shall be used only as provided in Section 422. The site plan shall note the entity or entities having ownership and maintenance responsibility.

Open-space areas may be owned, preserved, and maintained as required by this Section by any of the following mechanisms or combinations thereof:

A.

Common ownership of the open space by a homeowner's association, which assumes full responsibility for its maintenance.

B.

Deed-restricted private ownership that shall prevent development and/or subsequent subdivision of the open-space land and provide the maintenance responsibility. This arrangement shall be noted on the site plan and/or subdivision plat. Full and proper written legal documentation of said ownership and maintenance responsibilities shall be submitted to the Administrative Officer and be approved by the City Attorney prior to commencement of development activities.