235.465 Open Space Requirement.
A Development Plan within the Town Center shall contain a minimum of twenty (20) percent open space, which may be public, private, or a combination of public and private open space. This requirement may be satisfied by setting aside a portion of the property held by the applicant that is not contiguous to a specific Development Plan site. Such open space shall be integral to the Development Plan and the Concept Plan Regulating Diagram plan. Plans shall provide space for both active and passive recreational uses and may include, but are not limited to, neighborhood parks, pathways/trails, natural areas and plazas. All landscaping on a main street or local street that exceeds the minimum standards identified in Table 235-4 shall be included as open space. Required landscaping on roadways and parking areas shall not be included in the areas allowed to satisify this requirement. Open space areas shall be shown on the final plan and recorded with the final plat or separate instrument; the open space shall be conveyed in accordance with one (1) of the following methods:
A. By dedication to the City as publicly owned and maintained open space. Open space proposed for dedication to the City must be acceptable to the Planning Commission with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and approved by City Council based on budgetary, maintenance, and liability considerations; or
B. By entering into an agreement with the City that assures maintenance of the open space areas, or leasing or conveying title (including beneficial ownership) to a corporation, homeowners’ association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions for maintenance and property tax payment acceptable to the City. The City, through conditions of approval, may also require public access be provided where the open space is deemed necessary, based on impacts of the development and to meet public recreational needs pursuant to the Comprehensive Plan. (Ord. 3-2021 § 1 (Exh. A))