To enhance and preserve the quality of life in Alpine by providing for the preservation of selected areas within the City to be dedicated for the express purpose of preserving open space for the recreational use of the citizens of Alpine. To provide for the use of competitive sports, picnics, family gatherings, community social functions and other like activities. To maintain the rural nature of Alpine with appropriate landscaping and natural open space. (Open space consists of public and private open space.) Open space is set aside to accomplish one or more of the following functions:

1. To preserve viewscapes, natural ridgelines, etc.
   
2. To create or preserve a buffer between developed areas for privacy, aesthetic, and other purposes.
3. To provide areas for recreation, such as ballparks, swimming pools, picnic and playground facilities.
4. To preserve wildlife habitat.
5. To provide off-street venues for activities such as walking, jogging, cross-country skiing, snow-shoeing, cycling and horseback riding, etc.
6. To preserve native vegetation and topography.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

Permitted uses of the land in the designated Open Space Zone include:

1. Walkways
   
2. Paths
   
3. Trails
   
4. Picnic Shelters
   
5. Sanitary Facilities
   
6. Lawns
   
7. Landscaping
   

These permitted uses shall be part of the Alpine Park plan and shall be recommended by the Planning Commission and approved by the City Council.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

The following uses shall be permitted upon compliance with the requirements of this ordinance and a recommendation from the Planning Commission and approval of a site plan by the City Council and in compliance with the attached guidelines.

1. Permanent recreation facilities such as baseball diamonds with accompanying auxiliary structures, tennis courts and basketball courts.
   
2. Temporary recreational facilities such as soccer goals.
   
3. Structures for sale of food, drinks, game booths etc. which are of strictly a temporary nature for specific events.
   
4. Structures for use in organized group areas to be approved by the Planning Commission.
   
5. Wells with accompanying auxiliary structures, water, sewer and utility transmission lines and facilities.
   
6. Structures for the maintenance and operation of city business.
   
7. Other uses which are determined by the Planning Commission to be similar and compatible with the foregoing uses and in harmony with the intent of this ordinancezone.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

1. All public parks in the City of Alpine as noted on the attached map, hereby made a portion of this Ordinance, are subject to all of the provisions as set forth.
2. Land included in these parks shall not be materially changed, improved, altered, disposed of in any manner or used for any other purpose except after a recommendation of the Planning Commission following a public hearing and by a super majority vote of the City Council (4 positive votes out of 5 City Council members are required). A material change shall include, but is not limited to, a change to the park’s present and essential defining characteristics, creation of or improvement of roadways or parking lots within the park.
3. A public hearing for a material change shall be noticed per Article 2.04 of the Development Code.
   

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

All activities specified in the attached guideline that are not allowed, as well as all activities not expressly permitted.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

Open Space is defined as any area where either commercial or residential building of structures is restricted or prohibited. Open Space may be either publicly or privately owned. City (public) ownership should be clearly indicated on plans and plats and recorded on deeds. Public open space encompasses all city parks and all city trails but not all city property. Private open space encompasses land retained open by conservation agreement in private ownership.

1. Privately-owned open space is retained through conservation agreements for the use and benefit of the owner or homeowner's association. Public access may be granted in designated areas. Improvement decisions are controlled by the owner in compliance with the City Master Plan, City ordinances, and any commitments made pursuant to annexation or development agreements. Use by the public is restricted to trails and roads.
2. Publicly-owned open space is retained for the use and benefit of the general public. Improvement decisions are controlled by the City Council in compliance with the City Master Plan and City ordinances. The two types of publicly-owned open spaces are defined as follows:
   1. Natural Open Space:
      1. Soil is left undisturbed;
      2. Natural vegetation, whether or not native to the area, such as trails, parking, bike stations, kiosks, and other similar improvements, occupies the major visible aspect of the land;
      3. Recreational improvements which are incidental to the natural area;
      4. Construction and maintenance of City utilities shall be permitted; and/or
      5. Structures for the maintenance and operation of city business shall be conditionally approved.
   2. Developed Open Space:
      1. Formal grading;
      2. Landscaping, including grass areas, shrubbery, trees, and other plants requiring watering and other maintenance;
      3. Recreational areas with sufficient parking;
      4. Construction and maintenance of City utilities shall be permitted; and/or
      5. Structures for the maintenance and operation of city business shall be conditionally approved.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

1. Purpose of Improved Trails. Trails encourage and enhance public use of open spaces, and may be added to any public area, within the guidelines of each designation, as deemed necessary by the City, and following recommended procedures for improvements. (Refer to Trail Ordinance, DCA 3.17)
2. Permitted Uses on Trails. Uses as determined by the City and designated by trail markers.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

Certain restrictions apply to all publicly-owned space, regardless of designation.

1. Unless specifically authorized, no motorized vehicles are allowed.
   
2. Public entry may be prohibited in designated areas, at specific times, and/or seasons. This may be further restricted to specific types of use, such as cycling, horseback riding, or cross country skiing as established by the City Council.
3. Open fires will not be allowed, except in City-installed fire pits in such places as the Bowery and Historic Moyle Park.
4. Overnight camping will not be allowed, except in designated areas (Bowery and rodeo grounds) and with the notification and permission of City Hall. Permit to be obtained at City Hall.
5. No animals of any kind are allowed in Historic Moyle Park. In all other parks pets are to be leashed, except in Lambert Park in which case the pet is to be under the owner's direct control at all times. All animal excrement is to be cleaned up by the owner of the animal or pet.
6. Dumping or storage of private property will not be allowed.
7. Nothing may be placed by individuals to restrict or obstruct the public right-of-way.
8. The City Council may allow or prohibit other uses as it deems reasonable and proper.

(Ord. 1998-20, 11/24/98; amended by Ord. 2004-18, 11/23/04; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

Alpine City is responsible for the landscaping and maintenance needs of all publicly-owned open space.

The City recognizes the benefit of private participation in caring for these lands. Therefore, individual citizens and citizen groups shall be allowed and encouraged to improve and maintain
open spaces. However, these improvements shall be governed by guidelines incorporated in this ordinance, which includes specific rules for each designation.

All requests for improvements and maintenance of City-owned property by citizens shall be presented in writing and recommended by the Planning Commission and approved by the City Council. These requests shall include a written or drawn landscape design. Approval of such requests will be granted based on adherence to general and designation guidelines, compliance with City ordinances and a visit to the site. If approved, the request will be kept on file for further reference.

Any landscaping, maintenance or other improvements to public lands which does not receive prior approval as specified within this ordinance shall be deemed an encroachment. All such encroachments shall incur a penalty (fine) as established by the City Council. Upon direction of the City Council and after 30 days notice from the City Administrator, such encroachments are subject to removal and the area involved shall be restored to its original condition at the citizen’s expense.

1. General Improvement Guidelines. The following guidelines apply to all improvements to publicly-owned lands
   1. Homeowners have no right to encroach on publicly-owned lands. These open spaces are not to be considered or treated as an extension of private property. Without a recommendation from the Planning Commission and approval of the City Council, all of the following apply:
      1. Grass, trees or shrubbery may not be planted.
         
      2. Fences may not be erected.
         
      3. Grading may not be done.
         
      4. Sprinkler systems may not be installed.
         
      5. Vegetation may not be cut or destroyed.
         
      6. Rain gutter or other drainage may not be directed onto public lands.
         
      7. All other encroachments are expressly forbidden.
         
   2. When permission is granted to individuals or groups to improve public lands, all such improvements become the property of the City.
      
      1. The City is ultimately responsible for care and maintenance of such improvements.
         
      2. The City may remove any elements as it deems necessary.
         
      3. Written City approval must be obtained for any private parties to remove any such elements.
         
   3. When permission is given to private parties to improve public lands with landscaping, these same parties will be required to maintain these improvements, unless otherwise specified. When approved the following general guidelines apply to all designations except natural (conservation) areas:
      
      1. Landscaping shall conform to the standards set forth in DCA 3.13.
         
      2. All sprinkling piping and heads are to be located entirely on private property. Drip irrigation pipes may go into the easements and would be the preferred watering method. Water may spray on planted landscaping, but shall not spray on the trail.
         
      3. Shrubs may be planted within the trail easement, but must be no more than 2 feet high and be kept pruned back from the trail edge.
      4. Non-invasive groundcovers may be planted in the trail easement but shall be kept off the trail. Low and slow-growing junipers, cotoneaster, vincas and grasses are examples of acceptable plants.
      5. All trees are to be planted outside the trail corridor.
      6. When written permission is granted for donated trees to be planted on public lands, they must be placed randomly, rather than parallel to private property lines, as such placement gives the visual effect of increasing the private area and effectually decreasing the public open space.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

1. Fences or borders along property lines adjacent to open space must meet specific standards.
   1. When the width of the open space is less than 50 feet, bordering fences may not exceed eight (8) feet in height.
   2. When the width of the open space is 50 feet or more, fence standards as specified elsewhere in this ordinance apply.
   3. Fences and hedges must be completely within the boundaries of the private property.
   4. Hedges or shrubs must be maintained to the same height requirement as fences.
   5. The owner of the fence or hedge must maintain the side facing the open space.
2. Dogs shall be restrained such that they cannot enter open space.
3. All trees are to be planted entirely on private property.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

1. Subdivision Approval Stage
   1. Open space designations and ownership shall be included on all plats and recorded on deeds.
   2. Signs shall be provided by the City which can be photocopied, protected with plastic and fastened to stakes surrounding open space. These signs shall indicate City-owned open space and penalties for damage caused by construction crews and vehicles.
   3. Developers are required to stake, clearly tape off and post signs marking all trail corridors and open spaces prior to the start of construction. The site may be walked by the City Staff, City Council and Planning Commission.
   4. A cash bond to be approved by the City Engineer shall be posted by the developer against damage to public open space.
2. Before Bond Release. Developers shall ensure that tapes and signs are in place continuously during construction. The tapes and signs shall remain in place until construction is completed and the final bonds are released. They shall be replaced if necessary if damaged or lost from other causes.
   1. Developers will be assessed a fine if damage is done to publicly owned areas by their contractors or their agents, and they will be required to restore the area(s) at their cost to the satisfaction of the City Engineer.
3. Before Building Permit is Issued. Before building permits are issued, all potential homeowners with property adjacent to open space shall bond, (amount to be set by City Engineer) for any and all damage done to public property caused by the owner and/or his contractor or agents during home construction.
   1. Public open space must be staked, temporarily fenced off and marked with signs so that all construction crews will be aware of these public lands. (Amended by Ord. 2004-13, 9/28/04)
   2. A copy of this ordinance shall be provided to the property owner when the building permit is issued.
4. Before Occupancy Permits are Issued. All damage to public open space and/or improvements upon it caused by home construction must be repaired by the homeowner at his or her expense.
   1. If construction is completed during winter and weather prohibits replanting or other restoration, an additional bond may be posted to be held until repairs are approved by the City Administrator. The amount of cash bond to be determined by the City Engineer.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)

Notwithstanding the enforcement measures in DCA 3.16.050 Part 4, all penalties contained in DCA 4.08 may be imposed in lieu of or in addition to all other remedies in case of infractions.

(Ord. 1998-20, 11/24/98; amended Ord. 2007-12, 08/14/07; Ord. 2016-07, 07/26/16; Ord. 2016-24, 11/09/16)