Denton City Zoning Code
ARTICLE XII
Common Open Space.
§ 128-165 Purpose and intent; applicability.
A.
This section intends to establish minimum common open space requirements for all residential developments, as well as standards and requirements that shall constitute prerequisites for approval of common open space and use areas and/or facilities. These provisions shall apply to all such proposed areas and facilities, including but not limited to conventional subdivisions, planned developments, cottage developments, and multifamily developments.
B.
These provisions ensure that all common open space and use areas and/or facilities are planned, constructed, managed, and maintained suitably. They ensure that such areas become integral parts of various developments as proposed at the time of approval.
C.
Where a proposed greenway shown in the Comprehensive Plan of the Town or Caroline County crosses a proposed subdivision, the approving authority may require a greenway public use easement.
§ 128-166 Requirements for approval.
The following requirements governing the approval of common open space and use areas and/or facilities shall apply to all residential developments. For purposes of computing common open space requirements, net site area includes the entire land area within the boundaries of a development site minus all street and utility rights-of-way existing prior to development.
A.
Minimum common open space requirements for residential developments are as follows:
B.
Not less than 50% of the minimum required common open space shall be in a form usable to and accessible by the residents, such as community greens or commons, tot-lots, neighborhood parks, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above.
C.
Common open spaces may contain complementary structures and improvements as are necessary and appropriate for the use, benefit, and enjoyment of residents of the development. Common open space provided to protect existing site features may include areas for agricultural use if permanently conserved by an easement.
D.
The Planning Commission may permit a fee in lieu of dedication of common open space when the applicant cannot adequately meet the common open space requirements outlined herein or if the proposed development is for less than twenty (20) lots or units. The fee in lieu shall be on a per-dwelling-unit basis as established by the Town of Denton. The fee shall be listed in the annual fee schedule for the Town and may change from time to time. Fees will be collected upon application for a building permit. The fee shall be deposited only in a designated account with funds expended only for planned park and recreation facilities.
E.
Open space requirement, ownership.
(1)
Private ownership. Common open spaces in private ownership shall be protected by legal arrangements satisfactory to the Planning Commission, sufficient to assure their maintenance and preservation for whatever purpose they are intended. Covenants or other legal arrangements shall specify the ownership of the open space, method of maintenance, maintenance taxes and insurance, compulsory membership, and compulsory assessment provisions and guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Planning Commission.
(2)
Common open space. Unless the Planning Commission finds that the size, location, type of development, cost of development, maintenance of such common open space, or the availability of public open space would make public use desirable and necessary, common open space shall not be made available for the use of all residents of the Town. The Planning Commission will generally require dedication to all areas indicated for acquisition in the adopted Caroline County Open Space and Recreation Plan or Town Comprehensive Plan.
F.
Management of common open space property. The developer shall ensure that the common open space and improvements not dedicated and accepted for public ownership are maintained and cared for, and the developer shall provide for and establish an organization for the ownership, maintenance, and preservation of common open space, which shall conform to the following standards and procedures:
(1)
The developer shall establish the organization before the sale or rental of dwelling units in the development and prior to final approval of the development plan by the Planning Commission.
(2)
The financial and organizational structures, rules of membership, and methods of cost assessment of the organization shall be devised to ensure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.
(3)
The organization will be responsible for the maintenance, preservation, and improvement of common open space lands, and all property owners within the development shall participate in such organization.
(4)
Areas set aside to meet the common open space requirements hereof shall be adequately described. Instruments in the form of deed restrictions and/or covenants shall be provided to ensure the purpose for which the common open space is provided will be achieved. Said instruments shall be approved by the Town Council prior to recordation among the land records.
G.
Bond for improvements. Prior to the issuance of a building permit, there shall be delivered by the owner or developer some form of surety acceptable to the Town in an amount as specified by the Town, which shall be submitted with the final subdivision plat, which surety shall secure an agreement to construct required physical improvements required as a condition of final approvals.
H.
Homeowners' associations. Homeowners' associations or similar legal entities that, pursuant to the requirements of Subsection F, are responsible for the maintenance and control of common areas, including stormwater management facilities, recreational facilities, and open space, shall be established in such a manner that:
(1)
Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;
(2)
The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;
(3)
The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities and
(4)
Each purchaser of a lot or unit is given adequate and specific notice of the homeowners' association requirements and the association's authority to compel compliance.
§ 128-167 Flexibility in administration authorized.
A.
The requirements set forth in this article concerning the amount, size, location, and nature of recreational facilities and common open space to be provided in connection with residential developments are established by the Town as standards that presumptively will result in the provision of that amount of recreational facilities and common open space that is consistent with the Town Comprehensive Plan. The Town recognizes, however, that due to the particular nature of a tract of land, the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Planning Commission is authorized to permit minor deviations from these standards whenever it determines that: