Clinton City Zoning Code
OPEN SPACE
STANDARDS
§ 152.260 PURPOSE.
This subchapter addresses the character and design of those portions of a development that are not occupied and do not have platted lots or streets and that are reserved for parks, trails, landscaping and other common open space uses. The standards of this subchapter apply regardless of whether or not the land involved will be owned or be dedicated to the village, county, homeowners’ association or other agency, and regardless of whether or not such open space will be open to the public or other residents of the development. This subchapter also establishes ownership and minimum maintenance standards for homeowner associations, property owner associations and non-residential property owners related to open space.
(Prior Code, § 1149.01) (Ord. O-18-20, passed 11-20-2018)
§ 152.261 APPLICABILITY AND DETERMINATION.
The standards of this subchapter shall apply in cases where open space is required to be set aside as part of the development requirement (e.g., open space residential subdivision) or in cases where an applicant voluntarily establishes open space as part of a development.
(A) Required areas to be placed in open space.
(1) In general, required open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site.
(2) Floodplains and floodways, as established by FEMA and administered by the county, shall remain as open space areas.
(3) Retention or naturalized stormwater management areas that are designed to be an amenity, as determined by the Zoning Inspector, can be considered as open space, however, only 50% of the surface area of any water body may be counted toward the open space requirements of this chapter.
(4) In the case of phased developments, open space shall be provided in proportion with each developed phase.
(5) The following shall be required to be part of the preserved open space when open space is required as part of a development:
(b) Any natural resources, including riparian setback areas and trees, which are required to be protected by the standards of this chapter.
(B) Areas not considered required open space. Areas that specifically shall not be considered required open space include:
(1) Private and public roads, and associated rights-of-way;
(2) Public or private parking areas, access ways and driveways;
(3) Required setbacks between buildings, parking areas and project boundaries;
(4) Required setbacks between buildings and streets;
(5) Required minimum spacing between buildings and parking areas;
(6) Private yards, including front, back and sides;
(7) Small, lineal strips of land generally located along lot lines that do not protect natural resources (e.g., slopes, existing vegetation and the like) and are maintained in a similar fashion as the adjacent yards;
(8) Land that is subject to preexisting conservation easements or similar limitations on development; and
(9) Above ground buildings, pipes, apparatus and other equipment for community or individuals, septic or sewage disposal systems.
(Prior Code, § 1149.02) (Ord. O-18-20, passed 11-20-2018)
§ 152.262 USE OF OPEN SPACE.
Any area designated for required open space:
(A) Shall be preserved in its natural state with the exception that trails and walkways may be established within the open space;
(B) Shall be designed and intended for the use of residents and/or general public of the proposed development;
(C) May be utilized for farming when authorized in a conservation easement or in a homeowners’ association’s covenants and restrictions;
(D) May be used for underground drainage fields for individual or community septic systems or other underground components of on-site septic systems. Other components of on-site sewage disposal septic systems that extend above grade and are visible may not be within required open space. Easements shall be required to enable the maintenance of these facilities;
(E) May be utilized as wet or dry stormwater management ponds or basins. These ponds or basins may be located partially or entirely within the required open space. Easements shall be required to enable the maintenance of these facilities; and
(F) May be used as active recreation areas. These active recreation areas shall be located in areas with the least impact on natural amenities and wildlife habitats, of a useable size and shape for the intended purpose, and limited to 20% of the total acreage devoted to required open space.
(Prior Code, § 1149.03) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.263 DESIGN STANDARDS FOR OPEN SPACE.
Land set aside as open space shall comply with the following standards.
(A) All areas of open space shall be accessible to residents or users of the development by providing at least 15 feet of frontage on a public road, or in the case of a non-residential development, 15 feet of frontage on an internal access drive.
(B) Areas of open space in residential subdivisions (of any type) shall be no less than 10,000 square feet in size.
(C) Where appropriate, open space should be arranged in order to provide connections to existing or future open space areas, trails or similar features on adjoining parcels.
(D) Wherever feasible, areas of open space should be contiguous, thereby eliminating small, isolated pockets of open space.
(Prior Code, § 1149.04) (Ord. O-18-20, passed 11-20-2018)
§ 152.264 PROTECTION AND MAINTENANCE.
(A) Reclamation of disturbed open space. Any required land areas designated for use as open space that are disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with non-invasive vegetation that appeared in those respective areas prior to construction or with other native vegetation. The planting of invasive plant species is prohibited.
(B) Future subdivision and development of open space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement or other agreement in a form acceptable to the village and duly recorded in the office of the County Recorder. Subject to permanent restrictions as set forth above, required open space in an open space residential subdivision shall be owned by a homeowners’ association, the village (with its consent), a land trust or other conservation organization recognized by the village, or by a similar entity. Required open space may be held by the individual members of a homeowners’ association as tenants-in-common or may be held in common ownership by a homeowners’ association, community association or other similar legal entity.
(C) Conservation easements. With the permission of the village, the owner(s) of required open space may, in accordance with the applicable provisions of the state statutes, grant or transfer a conservation easement to any entity described in the state statutes; provided that the entity and the provisions of the conservation easements are acceptable to the village. When a deed restriction is proposed as the method of restricting further subdivision of land designated as open space, the village shall be named as a party to such deed restrictions with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under the state statutes, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
(D) Homeowners’ associations. The following shall apply where a homeowners’ association will be established to maintain any open space or other common areas as required by this subchapter:
(1) A homeowners’ association shall be established to permanently maintain all open space, common areas and conservation easements related to the open space;
(2) All homeowners’ association agreements shall be submitted for approval as part of a zoning certificate or conditional use application, as applicable. Copies of the proposed covenants, articles of incorporation and bylaws of the association shall be submitted with said agreements. No set of proposed covenants, articles of incorporation or bylaws of a homeowners’ association shall permit the abrogation of any duties set forth in this section; and
(3) All homeowners’ associations shall guarantee maintenance of all open space and common areas within the boundaries of the development. In the event of a failure to maintain such open space or common areas, the village may do any of the following.
(a) If the open space or common area is owned by the village, village approved land trust or other qualified organization, county, state or park district, the village may remedy the failure to maintain at its own cost and seek reimbursement from the homeowner’s association, or seek to enforce the homeowner’s association’s duty to maintain through an injunction or any other civil remedy.
(b) If the open space or common area exists pursuant to a conservation easement in which the village is a party to such easement, the village may seek to enforce the terms of the conservation easement as provided in division (C) above.
(c) If the open space or common area is owned jointly or in common by the owners of the building lots, or by any other owner of the property to be maintained, the village may seek to enforce the associations’ non-performance of its obligations and duties through an injunction or any other civil remedy.
(Prior Code, § 1149.05) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999