Sullivan City Zoning Code
ARTICLE XIII
Open Space
Section 400.660 Usable Open Space.
[Ord. No. 2974 §1(Art. 13 §198), 11-2-2004]
A.
Except as provided in Subsection (C), every residential development shall be developed so that at least five percent (5%) of the total area of the development remains permanently as usable open space.
B.
For purposes of this Section, "usable open space" means an area that:
1.
Is not encumbered with any substantial structure;
2.
Is not devoted to use as a roadway, parking area or sidewalk;
3.
Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging or, if not wooded at the time of development, is landscaped for ball fields, picnic areas or similar facilities or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in Subdivision (4) below;
4.
Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and
5.
Is legally and practicably accessible to the residents of the development out of which the required open space is taken or to the public if dedication of the open space is required pursuant to Section 400.665;
6.
Consists of land no more than twenty-five percent (25%) of which lies within a 100-year floodplain or floodway, as those terms are defined in Section 400.793.
C.
Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirements of this Section unless the City agrees that it will accept an offer of dedication of such open space and in that case the offer of dedication shall be made.
Section 400.663 Ownership and Maintenance of Recreational Areas and Required Open Space.
[Ord. No. 2974 §1(Art. 13 §199), 11-2-2004]
A.
Except as provided in Section 400.665, recreation facilities and usable open space required to be provided by the developer in accordance with this Article shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his/her successor) or a homeowners' association or similar organization that satisfies the criteria established in Section 400.668.
B.
The person or entity identified in Subsection (A) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.
Section 400.665 Dedication of Open Space.
[Ord. No. 2974 §1(Art. 13 §200), 11-2-2004]
A.
If any portion of any lot proposed for residential development lies within an area designated on the officially adopted recreation master plan as a neighborhood park or part of the greenway system or bikeway system, the area so designated (not exceeding five percent (5%) of the total lot area) shall be included as part of the area set aside to satisfy the requirement of Section 400.660. This area shall be dedicated to public use.
B.
If more than five percent (5%) of a lot proposed for residential development lies within an area designated as provided in Subsection (A), the City may attempt to acquire the additional land in the following manner:
1.
The developer may be encouraged to resort to the procedures authorized in Sections 400.633 or 400.635 and to dedicate the common open space thereby created; or
2.
The City may purchase or condemn the land.
Section 400.668 Homeowners' Association.
[Ord. No. 2974 §1(Art. 13 §201), 11-2-2004]
A.
Homeowners' associations or similar legal entities that, pursuant to Section 400.663, are responsible for the maintenance and control of common areas, including 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.
Section 400.670 Flexibility in Administration Authorized.
[Ord. No. 2974 §1(Art. 13 §202), 11-2-2004]
A.
The requirements set forth in this Article concerning the amount, size, location and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Board of Aldermen as standards that presumptively will result in the provision of that amount of recreational facilities and open space that is consistent with officially adopted City plans. The Board of Aldermen recognizes, however, that due to the particular nature of a tract of land or 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 permit issuing body is authorized to permit minor deviations from these standards whenever it determines that:
1.
The objectives underlying these standards can be met without strict adherence to them; and
2.
Because of peculiarities in the developer's tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.
B.
Whenever the permit issuing board authorizes some deviation from the standards set forth in this Article pursuant to Subsection (A), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.