A.

Open space shall be required in all major residential developments. Ownership of open space shall be transferred to a maintenance organization or governmental body pursuant to the provisions contained in Article 27. Open space shall not be further developed and shall serve one (1) or more of the following functional needs:

1.

Protection and preservation of natural resources and sensitive site features;

2.

Provision of active and passive recreation areas;

3.

Greenways and trail corridors;

4.

Wildlife habitats and migration corridors;

5.

Stormwater management;

6.

Preservation of historical and cultural resources;

7.

Agricultural uses;

8.

Viewshed and vista preservation, and;

9.

Bufferyards and landscaped areas.

Uses permitted by Table 40.10.210 may be allowed when they compliment and enhance the above functional needs.

B.

All major residential subdivisions shall contain open space designated as community area open space. In designating community area open space or landscaped surfaces as part of a subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant:

1.

Open space shall be separate parcels of land exclusive of streets and residential lots.

2.

An existing principal dwelling unit and a maximum of one (1) existing out building, where such structures are deemed historically and/or architecturally significant by the Department, may be included within open space area.

3.

Except for recreation activities, open space shall be substantially free of structures and paved areas.

4.

Open space designated for recreation may contain parking areas and access drives accessory to the open space and other such complementary structures and improvements that are necessary and appropriate for the benefit of the residents utilizing the land for recreation purposes. Such land shall be distributed through the development to best serve the residents.

5.

In subdivisions of thirty (30) dwelling units or more, an area or areas of useable open space shall be provided at a rate of one (1) acre per one hundred (100) dwellings units. Usable open space shall be centrally located, highly visible, and unconstrained by floodway areas, critical natural areas, wetlands or excessively forested areas. Additionally, the area shall be graded in such a manner to render it usable for active recreation purposes and shall not have slopes greater than five (5) percent. This provision does not require community area open space in addition to the requirements of this Chapter, but provides that a portion of the required open space shall be designed in such a way to render it usable for active recreation purposes.

6.

Open space shall be interconnected with open areas or greenways on abutting parcels wherever possible and may provide provisions for pedestrian pathways for general public use, to create linked pathway systems within the County, where appropriate.

7.

Open space may be used for stormwater management.

8.

A landscape plan/open space management plan specifying the landscaping/open space management requirements shall be required for all subdivisions involving the creation of community area open space.

9.

In subdivisions involving fifty (50) acres or more, designated open space shall be classified as natural resource area open space in addition to community area open space. Within these subdivisions both types of open space will be included on separate parcels and adhere to the following additional open space design standards:

a.

Natural resource area open space shall generally be large tracts of contiguous land including protected resources.

b.

Community area open space shall be smaller open space parcels not necessarily contiguous to the natural resource areas. Community area open space shall provide a benefit to residents of the subject subdivision and provide recreational opportunities .

c.

The configuration and arrangement of all open space shall emphasize interconnectivity within the subdivision and with adjoining public or private open spaces. Narrow or fragmented small open spaces shall be avoided unless necessary for a practical function.

d.

Natural resource area open space shall be contiguous to the greatest extent practicable within the subject subdivision and shall maximize the area in width to provide habitat linkages, enhance environmental resources and serve stormwater management functions. Fragmented natural resource area open space should be minimized to the greatest extent practicable to meet these standards.

e.

The requirements of Section 40.20.225.B shall be met. However, in cases where community area open space cannot satisfy the requirements of Section 40.20.225.B.5, the substitution of passive recreational activities within natural resource open space areas shall be reviewed by the Department. Only those passive recreational uses permitted in Table 40.10.210 shall be considered for approval.

f.

All areas required to be protected as resources per Table 40.10.010 shall be designated as natural resource area open space except when isolated resources exist and as approved by the Department.

g.

A natural resource area management plan shall be submitted to the Department for review and approval prior to the recordation of all major residential subdivisions involving the creation of natural resource area open space.

10.

In multi-family developments, the open space acreage requirements and design standards shall be provided except that the open space will be part of the developed parcel.

(Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 12-068, § 1, 1-8-2013)