§ 24-30. Open space design guidelines.

The following design guidelines are provided to encourage proper design, location and use of open space. For facilities that serve a primary purpose other than open space, performance standards are established for use in obtaining open space credits for these areas.

(a)

Location. Open space, other than private residential open space, should be located within the project to enhance its functions as follows:

(1)

Landscape buffers should be located on the perimeters of the project and along major collectors and arterials to provide maximum screening from adjacent land uses.

(2)

Recreational open space should be located internal to the project and be easily accessible to all residents and employees.

(3)

Open space areas that provide natural resource protection should be located to preserve floodplains, wetlands, aquifer recharge areas, wildlife habitat and other unique natural resources.

(b)

Size. Open space areas should be the appropriate size for their primary function.

(c)

Distribution. Open space should be distributed with reasonable uniformity throughout the project so that remnant open space areas are not created that are unusable or function as private open space to only a small percentage of the development.

(d)

Integration.

(1)

Integrated open space systems, i.e., connected by greenways, bike paths and/or walkways, are encouraged.

(2)

If the project is located next to off-site open space whose primary function is conservation of natural resources, connection of open space with compatible functions is encouraged.

(e)

Ownership and maintenance. Common open space areas shall be the responsibility of a property owners' association or a method shall be provided for assuring the maintenance of and access to all common open space areas in perpetuity, either by transferring ownership and maintenance responsibilities for the open space areas to a trustee or mandatory homeowners' association, or by some other method acceptable to the board of county commissioners. The county shall not be responsible for the maintenance of common open space areas.

(f)

Irrigation. All development containing a contiguous irrigated open space tract or parcel greater than twenty (20) acres, including golf courses, shall be required to accept reclaimed water for irrigation when such reclaimed water is available adjacent to the development's boundary and has sufficient capacity and pressure. Connection shall be consistent with the connection policies of the applicable utility provider.

(g)

Open space credits. All of the uses below shall be credited towards open space if all performance standards are met. The amount of credits depends on the category of open space, but in no case shall category A open space constitute less than twenty-five (25) percent of the total open space required:

(1)

Category A open space. All of the uses listed below shall count one hundred (100) percent towards meeting the total open space required:

a.

Buffer zones and greenbelts;

b.

Recreational areas (active and passive);

c.

Landscaped areas;

d.

All other permanently undeveloped uplands;

e.

Dry bottom stormwater management ponds that meet the following requirements:

1.

Sodded;

2.

Unfenced;

3.

Must be dry within seventy-two (72) hours after a twenty-five-year storm event;

4.

A skimmer must be provided to minimize the accumulation of trash and pollutants;

5.

At least five (5) percent of the area above the peak state elevation must be landscaped with at least fifty (50) percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged).

(2)

Category B open space. All of the uses listed below may be credited towards meeting the minimum open space requirements if the performance standards are met, but shall not account for more than fifty (50) percent of the total open space required:

a.

Wet bottom stormwater management ponds that meet the following requirements:

1.

Minimum of one (1.0) acre;

2.

Five-to-one (5:1) side slopes;

3.

Sodded or an equivalent ground cover;

4.

Unfenced;

5.

Curvilinear in shape rather than angular;

6.

Landscaped in accordance with the following criteria:

i.

One to two and one-half acres. At least ten (10) percent of the land above the design high water level excluding maintenance berms shall be landscaped with at least fifty (50) percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged); or a littoral zone band of at least five (5) feet in width for at least fifty (50) percent of the shoreline established with native aquatic or semiaquatic plant species;

ii.

Two and one-half to five acres. At least five (5) percent of the land above the design high water level excluding maintenance berms shall be landscaped with at lest fifty (50) percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged); or a littoral zone band of at least five (5) feet in width for at least thirty-five (35) percent of the shoreline established with native aquatic or semiaquatic plant species;

iii.

More than five acres. A littoral zone band of at least five (5) feet in width for at least twenty (20) percent of the shoreline established with native aquatic or semiaquatic plant species.

7.

Access provided for all residents/employees.

b.

Easements that meet the following requirements:

1.

Minimum twenty-five (25) feet wide;

2.

Accessible for public use;

3.

Written verification from the easement holder authorizing unrestricted access.

c.

Plazas/hardscapes that meet the following requirements:

1.

Twenty (20) percent landscaped;

2.

Seating areas;

3.

Thirty (30) percent or gross pedestrian accessible (excluding sidewalks) for area remaining after landscaping and water features/sculptures.

d.

Natural lakes that meet the following requirements:

1.

Only that portion of lakes which are within the legal description of the project shall be credited towards open space;

2.

Must be accessible to all residents/employees. Common access to natural lakes shall be at least equal to the minimum lot size established by the zoning districts or one-half (½) acre, whichever is greater.

(3)

Category C open space. Areas within a project, phase or tract which are classified as conservation areas (including mitigation area) pursuant to chapter 15, article X (conservation ordinance) shall be identified at the time of plan submission. Conservation areas shall qualify as open space. However, to ensure that conservation areas or mitigation areas which comprise a high percentage of a project or tract do not constitute the only open space for the project, the amount of open space credit shall be limited to no more than seventy-five (75) percent of the total open space required.

(4)

Open space categories B and C. Open space categories B and C cannot count more than seventy-five (75) percent of the total open space required for the project, phase or tract.

(5)

Big box development open space. All of the uses listed below may be credited towards meeting the minimum open space requirements if the performance standards are met, but shall not account for more than fifty (50) percent of the total open space required:

a.

All retention ponds, fenced or nonfenced, which are meant to fulfill a portion of the open space requirements, shall be designed as a project landscaping amenity. As such, they shall have curvilinear water edges which incorporate substantial curve off-sets along the water perimeter. Furthermore, all ponds shall incorporate a continuous row of drought-tolerant shrubs and understory trees along their top edge. Understory trees shall be planted at a rate of one (1) per twenty-five (25) feet of perimeter edge. Clustering of understory trees is acceptable.

1.

Nonfenced ponds may fulfill up to fifty (50) percent of the project's open space requirement, provided they meet the curvilinear requirements above. Decoratively-fenced ponds may fulfill up to fifty (50) percent of the project's open space requirements. However, the decorative fencing shall be constructed with black wrought iron-styled post and railing system, and incorporate landscaping along the exterior of the fencing. The post and railing system, while including a gated access system for pond maintenance purposes, shall incorporate masonry columns, minimum twenty-four (24) inches in diameter, spaced at a maximum of fifty (50) feet on-center. The columns shall incorporate a decorative cap feature, and the surface (or veneer) and trim of the columns shall replicate those of the principal structure. Furthermore, the decoratively-fenced ponds shall incorporate the required shrubs and understory trees mentioned above along the exterior base of the fence.

2.

Ponds which are fenced with chain link, or with any other system which fails to meet the decorative fence description above, shall not fulfill any of the required project open space.

(Ord. No. 92-42, § 1, 12-15-92; Ord. No. 2007-01 , § 9, 3-20-07)