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1. Intent. The intent of the parks and open space requirements is to ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows in accordance with the parks and open space policies, goals, the adopted Comprehensive Plan, and the provisions of the Land Use Code (as amended).

a. Lands dedicated for Parks and Open Space are separate, distinct, and cannot count toward other public dedication requirements or the minimum Landscape Design requirements set forth elsewhere in this Code. Lands for parks and open space are dedicated at time of subdivision, or re-subdivision as applicable, and installed as part of the development infrastructure.

b. Due to the nature of growth in the community, and prior to approval of a park or series of park lands, a park and recreational activity study may be required by Town Staff to determine the type of park facilities and development needed to support the neighboring population and community need.

A park and recreational activity study includes assessing the user needs for parks and open space areas based on local conditions, including community values, availability of land, financial resources, maintenance capabilities, and a desired level of services the community wishes to achieve. To determine specific parkland needs for park development within the Town of Frederick, several analytical methods are to be used when planning a park site; including:

(1) Recreation demand (based on demographics of the existing and proposed community);

(2) National trends and standards;

(3) Land availability and code requirements;

(4) Current ratio of parkland to population;

(5) Analysis of present recreation participation levels in sports and leisure activities;

(6) Recreational facility needs (play and practice time requirements for sports leagues);

(7) Physical and geographical constraints and opportunities for existing and proposed parks and open space areas.

2. Parks shall consist of lands dedicated to active and passive recreation consisting of landscaped lands with irrigated turf grasses, forbs, shrubs, and trees and generally include a majority of the following: landscape improvements; topography; ponds; lakes; creeks or streams; sports fields; amphitheaters; works of art; leisure activities; hobbies; structured and unstructured education; historic or cultural features; fitness; lighting; parking; recreational amenities; architectural features; gathering spaces, plazas, etc., as noted in the recreational activity study, this Code, or directed by the Town. Parks may be public or private. Parks shall be sized in accordance with the recreational activity study, or constitute no less than sixty percent (60%) of the area required for dedication as parks and open space within the development, unless otherwise noted in this Code.

3. Open space shall consist of lands maintained in native vegetation and used for buffering or habitat preservation and may include lands dedicated to agricultural purposes. Irrigation is applied as necessary to maintain the plant material and intended use. Human activity and recreational use of open space areas are minimal and subject to approval of by the Planning Director or Board of Trustees as applicable. Open Space may be public or private. Open space does not include lands set aside for oil and gas facilities.

4. Minimum landscape requirements for all parks: All public and private parks shall be designed to be visually interesting, socially relevant, promote health, public safety, and provide pertinent recreational opportunities and amenities for all ages and abilities. All plants shall be carefully chosen to provide for seasonal interest, texture, variety, drought tolerance, zone hardiness, and to promote year round use. With the exception of turf grasses, no one species may exceed twenty five percent (25%) of the total plant palette. Parks shall be designed to minimize water demand, maintenance, the need for chemical fertilizers, and maintain all applicable site triangle requirements. Portions of parks may be used for water storage or storm water management as approved by the Town.

a. In addition to meeting the minimum requirements of Section 2.14 Landscape Design Requirements of the Land Use Code, at minimum, all parks shall provide the following:

(1) General requirements for Parks.

(a) All required and approved vegetation shall be maintained in healthy condition. Dead or diseased plants shall be removed immediately and replaced by the next growing season. New Plants shall meet minimum size requirements.

(b) Plant material adjacent to or within sidewalks, pathways, trails, plazas, and other routes or gathering spaces shall maintain sidewalk clearance requirements for accessibility per the provisions of the Americans with Disabilities Act.

(c) All minimum site triangle requirements as defined in the approved version of the Town of Frederick Design Standards and Construction Specifications, as it may be amended from time to time, shall be maintained for public safety.

(d) Water, water taps, and an irrigation system shall be provided by the developer of sufficient size, quantity and configuration to provide for the park landscaping, function, and uses.

(e) All approved and required landscaping improvements, amenities, and features shall be maintained, repaired, and replaced by the owners association or assigns, as necessary to maintain the park as approved by the Town. Deviations from or modifications to the approved plans require prior approval by the Town.

(f) Parks, trails, landscaping, irrigation, water taps, and other required and approved amenities, shall be installed prior to issuance of forty-percent (40%) of the building permits for structures within the subject filing, phase, or subdivision as applicable and defined in the MOAPI, unless otherwise approved or required by the Board of Trustees as part of the Final Plat documents. Building permits shall be withheld until the public improvements are installed, inspected, and approved by Town Staff.

(g) The developer shall provide a detailed cost estimate and post a minimum financial guarantee, as approved by the Town, of one hundred percent (100%) of the total cost of the required and approved public improvements for all parks, trails, landscaping, seeding, reclamation, irrigation, structures, features, and other required and approved public amenities, including utilities, labor, equipment, mobilization, and applicable ancillary costs for installation of the approved landscape plan as shown in the approved Final Plat documents.

(2) Trees.

(a) Street and perimeter trees: Street and perimeter trees shall be provided at fifty (50) foot intervals around the edge of the park and placed to avoid conflicts with lighting, parking, and access while buffering or framing views or uses, and defining recreational space(s).

(b) Site and shade trees. At minimum, site and shade trees shall be provided at one (1) site and shade tree per three-thousand (3,000) square feet of landscaped park area, placed to define space, shade, or highlight activities. Trees shall also be placed to shade a minimum of fifty percent (50%) of the sites hard-scape (sidewalks, pathways, plazas, tennis or basket ball courts, parking areas, etc.) at mature spread during summer months and block winter winds. Site and shade trees shall be both evergreen and deciduous trees.

(c) Ornamental and specimen trees. At minimum, each park shall provide one (1) ornamental or specimen tree for every ten thousand (10,000) sq. ft. of landscaped park area. Ornamental and specimen trees may replace site trees at a ratio of one (1) to ten (10) up to a maximum of twenty-five percent (25%) of the total site trees within a park. Ornamental and specimen trees are both evergreen and deciduous trees.

(d) Buffer and screening trees. Additional trees may be required to buffer and screen park activities from nuisances, unsightly views, or intensive uses as directed by Town staff. Buffering and screening trees are both evergreen and deciduous.

(e) Prohibited trees.

i) In addition to any tree that is listed by the State of Colorado as noxious or invasive, the following trees are prohibited in the Town of Frederick: Russian olive (Elaeagnus angustifolia L.), Lombardy poplar (Populus nigra italica), Siberian elm (Ulmus pumila L.), Boxelder Maple (Acer negundo), and Cotton bearing cottonwoods (Populus alba).

ii) Ornamental trees and fruit trees with low branches such as crabapple, hawthorn and fruit trees shall not be permitted adjacent to public rights-of-way or near paths or walkways. These trees are likely to cause sidewalk clearance problems in the future. Fruit trees or fruit bearing ornamental trees may be approved by Town staff on a case-by-case basis.

(f) Tree size.

i) Size: The minimum planting sizes on all required trees shall be two-inch (2") caliper deciduous trees, one and one-half inch (1 1/2") caliper ornamental trees, six-foot-tall (6') evergreen trees. Multi-trunk trees shall have three (3) or more canes, and be six inches (6") in diameter measured four inches above ground and a minimum of five feet (5') in height. When landscaping more than an acre of land area, fifty percent (50%) of the required deciduous trees may be one (1) to one and one-half (1 1/2) inch caliper (distributed throughout the site), if previously authorized by Town staff and as noted in the approved landscape plan.

(3) Shrubs.

(a) Street shrubs. Street and perimeter shrubs, ornamental grasses and flowers shall be provided at a minimum ratio of five (5) shrubs for every perimeter tree, clustered into planter beds and distributed to enclose the park, buffer or frame views or uses, define recreational space, and preserve view triangle requirements.

(b) Site shrubs. Massing and the judicious use of shrubs is required. At minimum, site shrubs shall be provided at a ratio of one-hundred and fifty (150) site shrubs per acre clustered within planter beds and strategically placed to define space, highlight activities, and guide patrons through the park.

(c) Buffer and screening shrubs. Additional shrubs may be required to buffer and screen park activities from nuisances, or block unsightly views and intensive uses as directed by Town staff.

(d) Prohibited shrubs. In addition to any shrub that is listed by the State of Colorado as noxious or invasive, poisonous shrubs are prohibited in the Town of Frederick.

(e) Shrub size.

i) The minimum planting sizes on all required shrubs shall be five gallon container. When landscaping more than an acre of land area, fifty percent of the required shrubs may be two and one-half (2 1/2) gallon container distributed throughout the site, if previously authorized by Town staff and as noted in the approved landscape plan.

(4) Turf grass, ground cover, ornamental grass, etc. The amount of turf grass shall be determined by the intended use of the park as noted in the recreational activity study, or as directed by the Town staff.

(a) Turf areas shall be naturalized, avoiding rectangular shapes and forms, unless required for a specific sports activity, as determined in the recreational activity study. Turf grasses shall be avoided in heavily shaded areas and on slopes that exceed a rise to run ratio of one to four (1:4). Turf gasses shall be drought tolerant and shall meet applicable requirements as noted in the adopted Design Standards and Construction Specifications (Adopted August 23, 2007, as amended).

(b) Massing and the judicious use of perennial ground cover and perennial flower beds are required and shall cover no less than one-half (1/2) of the minim required shrub / planter bed area. These areas should generally be clustered with shrub beds. The use of native and drought tolerant species is encouraged.

(c) Prohibited forbs and ground cover. In addition to any plant that is listed by the State of Colorado as noxious or invasive, poisonous plants are prohibited in the Town of Frederick.

(d) Size and Maintenance.

i) Container plants. The minimum planting sizes on all required containerized ornamental grasses shall be five gallon container. When landscaping more than an acre of land area, fifty percent of the required ornamental grasses may be two and one-half (2 1/2) gallon container distributed throughout the site, if previously authorized by Town staff and as noted in the approved landscape plan.

ii) Seeding. Seeding shall be installed in accordance with the applicable standards as outlined in the approved version of the Town of Frederick Design Standards and Construction Specifications, as it may be amended from time to time.

(5) Pathways and gathering spaces. Pathways shall provide for multiple uses and may consist of soft and hardened landscaped materials appropriate to the anticipated intensity of use and per the requirements of the Town. The construction materials for pathways and gathering area shall have a solar reflective index of no less than twenty-nine (29 SRI). In addition, these improvements shall use permeable materials and construction methods as feasible.

(a) Pathways. Pathways shall provide for multiple users and link public sidewalks to uses within the park. Pathways shall meander to ensure visual interest. The frequency of the meander shall allure pedestrians with sweeping curves and strategic landscaping rather than creating a zigzag effect.

(b) To the greatest extent feasible, pedestrian and bike paths shall be separate and distinct.

(c) Pathways shall use different surface materials or treatments for different users (i.e. bikes, pedestrian, etc). Intersections involving pedestrians, bicycle, or vehicular crossings shall receive special surface treatments to ensure safety and pedestrian convenience. Intersections and crossings within the park are encouraged to function as a node of activity or mini-plaza. Surface materials may consist of concrete, stamped and colored concrete, compacted crushed aggregate, cobble stone, brick, or approved alternate and shall vary according to the level and type of service and the function of the pathway, as approved by the Town staff.

(d) Pathways shall be a minimum of eight feet (8') wide. Sidewalks shall meet the Standards as outlined in the approved version of the Town of Frederick Design Standards and Construction Specifications, as it may be amended from time to time.

(e) Pathways and gathering spaces shall also meet accessible route requirements per the provisions of the Americans with Disabilities Act, as amended.

(f) Trail corridors may be seeded to native grasses as appropriately integrated with adjacent improvements.

(g) Gathering spaces. Informal gathering spaces shall be provided and defined by landscaping, plant materials, topography and may include recreational amenities. At minimum, these spaces shall include seating areas, lighting, walls, raised planter beds, or water features and be defined by a combination of planting and architectural elements.

(6) Organic and rock mulch, cobbles, and gravel.

(a) Organic Mulch. All planter beds shall maintain a minimum of three inches (3") of organic wood mulch at all times. In some instances gravel or rock mulch may be utilized, if approved by Town staff, based on the design intent, site circumstances, and to meet the requirements of the code.

(b) Organic mulch rings extending a minimum of eighteen inches (18") from the tree trunk shall be maintained at a depth of three inches (3") for all trees not located within planter beds.

(c) Rock mulch, cobbles, and gravel. The use of rock mulch, cobbles, and gravel for planter bed material, or for surface treatments in park areas is to be avoided. However, rock mulch, cobbles, and gravel may be permitted on a case-by-case basis and only for special circumstances.

(7) Planter beds. All shrubs, flowers and ground cover shall be contained within planter beds.

(a) Planter beds shall maintain a minimum depth of three inches (3") of organic mulch.

(b) Planter beds shall be edged and designed to contain all plantings at mature sizes (the canopy of shade and street trees are excepted).

(8) Topography and water quality. Parks shall have topography to provide visual interest, buffer views and nuisance noise, define space, and provide for seasonal recreational activities, as applicable. The use of walls, boulders, berms, and other materials is encouraged. Parks shall also provide for storm water management, detention, retention, and improve water quality for storm water run-off.

(9) Parks and storm water management. Parks may be designed in combination with storm water management features, provided recreational amenities and improvements are integrated into the storm water management system, and as approved by the Board of Trustees at Final Plat. In no event shall more than forty percent (40%) of a park land area be dedicated to storm water management, unless approved by the Board of Trustees.

(10) Parking. Adequate parking is required for all anticipated activities, uses, park population and park service area as approved by the town and in accordance with the approved recreational activity study.

(11) Lighting. Street, node, activity, walkway, and conflict lighting is required. Lighting shall meet the requirements of Section 2.19.

(12) Recreational and architectural amenities. Plazas, recreational fields, works of art, architectural features, walls, water features, and topographic changes are required, as appropriate to the use and function of the park.

(a) Size, scope, quantity, and quality of the site features shall be installed as approved or required by the Town.

(13) The location and size of parks and open spaces shall be defined at Preliminary Plat and finalized at Final Plat.

5. Types of parks and open space by use and zoning district. Non-residential developments shall be required to provide for a plaza or pocket park and contribute to a neighborhood or community park in proximity to the development.

a. Plazas. Plazas are an acceptable form of park in the C-N, C-H52, and C-E zoning districts, where gathering places are found. A plaza is usually bordered by civic or private buildings. Plazas may range from very active places with adjacent complementary uses such as restaurants and cafes, to quiet areas with only seating, formal landscape plantings and amenities such as fountains or public art. Developers are responsible for developing and maintaining the appropriate amenities for each plaza. Plazas shall also provide for multiple and seasonal uses. Amenities associated with the plaza may count toward the minimum required open space as a cash-in-lieu contribution for required parks and open space within an industrial or commercial development as approved by the Board of Trustees.

b. Pocket parks. Shall be located in medium to high density residential or mixed-use commercial zoning districts (R-2, R-3, C-N, C-H52, and C-E).

(1) Pocket parks provide places within walking distance of dense residential units for young children’s supervised play and unstructured activities for neighborhood residents, or urban relief. At a minimum, a pocket park shall meet all current safety and Americans with Disabilities (ADA) guidelines and include one (1) of the following: playground equipment, contemplative garden, fountain, art work, or other active or passive recreation opportunities for the neighborhood. Additionally, the following amenities shall be included:

Table 2-5. 

Amenity

Minimum Quantity

Standard

Picnic/Shade Shelter

1

A steel frame picnic shelter with metal roofing and room for at least one picnic table. Accessible via a concrete walkway.

Seating/Gathering Space

1

A small seating area capable of accommodating two benches

Site Furnishings (all furnishings in steel construction with powder coated finish of the same color, located on a concrete surface)

2

Picnic Tables: 8' with one ADA accessible

3

Benches: with backs and armrests

2

Trash receptacles: 32 gallon with covered top

4 loops

Bike Rack: For a minimum of eight bikes (two per loop)

1

Dog Waste Stations

Landscaping and Lighting

Irrigated live ground cover, trees, and security lighting

Optional Uses

Swings

1

Minimum: Single bay with one belt and one bucket swing (requires a use area of approximately 25' x 30' or 750 SF)

Turf Area

+/- 50' x 50' (2,500 SF)

(2) The minimum size pocket park is ten thousand (10,000) square feet of net park area for each residential neighborhood of two hundred (200) units or twenty thousand (20,000) sq. ft. of gross commercial space. The size or number of pocket parks shall increase proportionally (i.e., four hundred (400) units shall require either a twenty thousand (20,000) sq. ft. pocket park or two (2) ten thousand (10,000) sq. ft. pocket parks, etc.). Projects with less than two hundred (200) units or twenty thousand (20,000) square feet of commercial area shall provide a pocket park meeting the minimum size requirements or demonstrate that they are within one-fifth (1/5) mile of a neighborhood park. If credit is taken for proximity to a neighborhood park, the developer shall provide a cash-in-lieu equivalent for its pro rata share of the cost of land and improvements for the required pocket park (i.e., provide twenty-five percent (25%) of a pocket park for fifty (50) units). Pocket parks located across an arterial road cannot be considered to serve a new neighborhood.

(3) The land and amenities of a pocket park may be added to a centrally located neighborhood park. The pocket park amenities placed in a neighborhood park must be within one-fifth (1/5) mile of the sub-neighborhood’s two hundred (200) residences served. For example a neighborhood park serving a neighborhood of four hundred (400) residences or commercial development with forty thousand (40,000) sq. ft. shall have two (2) pocket park amenity pods, located to conveniently serve each of the sub-neighborhoods, or the land area may be added to a neighborhood park, as approved by the Board of Trustees in the preliminary and final plat.

(4) Pocket parks and plazas shall be integrated into the neighborhood design and be accessible to pedestrians, bicyclists, and emergency services.

(5) Within the R-MH1 zone, a landscaped recreational pocket park shall be installed for every thirty (30) dwelling units, as approved by Town staff.

c. Neighborhood parks. A neighborhood park shall be located in each quarter section and within residentially zoned developments (R-1, R-2, R-3, and residential planned unit developments (PUD)). Neighborhood parks are places for recreation and social gatherings that are within walking distance of most residents.

(1) These parks include multiple-use lawn areas, picnic areas, playground equipment, court game facilities and community gardens consisting of four (4) to six (6) acre neighborhood parks centrally located within the neighborhood. Neighborhood parks shall not include competitive sports facilities. Neighborhood parks shall meet all current safety and Americans with Disabilities (ADA) guidelines. Standard amenities to be included are:

Table 2-6. 

Amenity

Minimum Quantity

Standard

Site Furnishings (all furnishings in steel construction with powder coated finish of the same color, located on a concrete surface)

4

Picnic Tables: 8' with one ADA accessible

6

Benches: with backs and armrests

4

Trash receptacles: 32 gallon with covered top

4 loops

Bike Rack: For a minimum of eight bikes (two per loop)

4

Dog Waste Stations

Swings

1

Minimum: Single bay with one belt and one bucket swing (requires a use area of approximately 25' x 30' or 750 SF)

Optional Uses

Other Potential Neighborhood Park Facilities

Court facilities (basketball, volleyball, tennis), drinking fountain, splash play facility, community vegetable gardens, climbing boulders or walls, demonstration or floral display gardens, public art, play sculptures, plazas, and pocket park amenities from an adjacent development.

(2) Every residential development shall provide land for a neighborhood park. If approved by the Board of Trustees at preliminary and final plat, the developer may provide a cash-in-lieu contribution for a six (6) acre park to serve the development.

(3) Developers providing land shall submit a conceptual design for the park to demonstrate that it meets the intent of Article 2, Community Design Principles and Development Standards, and applicable Town plans regarding parks, open space, and trails at preliminary plat and a final design at final plat.

(4) Neighborhood parks shall be developed by the applicant and maintained by the Home Owners Association, or approved equivalent.

(5) Neighborhood parks serve the residents within one-third (1/3) mile of a given park. Should a project be within one-third (1/3) mile of an existing park, the developer shall provide a cash-in-lieu equivalent for its pro rata share of the cost of land and improvements for the required neighborhood park (i.e. provide twenty-five percent (25%) of a neighborhood park for fifty (50) units). Neighborhood parks located across an arterial road cannot be considered to serve a new neighborhood, unless a grade-separated crossing (underpass or overpass) is provided.

d. Community parks. Community parks serve the residents of several neighborhoods. Community parks are to be located on or near arterial streets at the edge of residential areas or in nonresidential areas to minimize the impact of organized recreational activities such as lighted ball fields. Community parks are permitted in the Public Zoning District. Community parks shall be centrally located within the greater development, and may be located to serve several smaller developments.

(1) Community parks shall be developed and maintained by the Town.

(2) Community parks shall be a minimum of twenty (20) acres while facilitating the needs of the Town at the time of its development.

(3) Community parks shall serve residents within a three (3) mile radius.

(4) Community parks may serve as a neighborhood park for residents within one-third (1/3) of a mile if there is no arterial street between the residents and the park.

(5) Community parks shall focus on providing facilities for organized team sports (e.g., baseball, softball, soccer, football, lacrosse, etc.) with lighted facilities.

e. District parks. District parks serve the residents of the entire Town, as well as people who live outside of the community. District parks provide recreational opportunities such as fishing, canoeing and wildlife viewing. Developers of district parks shall submit a conceptual design and a recreational activity study to demonstrate that it meets the needs of the community, the Comprehensive Plan and Land Use Code. Refined plans shall be submitted at preliminary plat and a final design is submitted at final plat. District parks may be developed in conjunction with other jurisdictions, special districts, or entities and shall be maintained by a special district, the Town, or other entity, as approved by the Board of Trustees.

f. Trails. Trails are permitted in all zones. The trail system shall link neighborhoods, parks, schools, open spaces, employment centers, community facilities and neighboring communities and thus provide important transportation connections, as well as recreational opportunities and access.

(1) Developers shall provide trails as designated in the Parks and Open Space Component of the Comprehensive Plan, as well as connections to the Town’s existing or proposed trail system and destinations within the neighborhood.

(2) Developers shall contribute a proportional share for the construction of any trail that is adjacent to or serviced by the proposed development.

g. Regional open space. The Town’s regional open space system includes: Godding Hollow drainage, Bulrush Wetlands and Wildlife Preserve, Frederick Recreation Area, Bella Rosa Golf Course, floodplains, drainage ways, natural areas, natural area buffer zones, wetlands, subsidence areas, agriculture preservation areas and lands of archeological or historic significance. Access is generally limited to trails, educational signs and similar low impact improvements, though additional improvements may be completed.

h. Storm drainage detention facilities. Up to forty percent (40%) of the storm drainage detention facilities, including storm water facilities, may function as portions of parks and open space areas for active and passive recreation, trail corridors, or habitat enhancement areas if designed appropriately and approved by the Town. For storm drainage facilities to be credited toward the open space dedication requirements these areas must function as a multi-use facility providing for active recreation with trails, educational signage and other improvements, as approved by the Board of Trustees at the time of Preliminary Plat and Final Plat. To count as open space, in addition to meeting the requirements of Section 2.14:

(1) At minimum (2) two of the four (4) side slopes (fifty percent (50%)) of the storm drainage facility shall not exceed 1:4 slope if used as park space.

(2) Access and recreational facilities must meet ADA requirements if used as park space.

(3) Features shall be included for passive and active recreation, including but not limited to, ball fields, play structures, fitness parks, educational centers, structured and unstructured opportunities for learning and recreation, etc.

6. Ownership and maintenance of Parks. Ownership and maintenance of public parks shall be determined by the Town at Final Plat.

a. Generally, the owners association or assigns shall own parks. If approved by the Board of Trustees neighborhood parks, community parks, district parks, and public trails may be owned by the Town. Maintenance of parks and open space shall be the responsibility of the owners’ association. Maintenance of trails shall be determined on a case-by-case basis.

b. Landscaped outlots and private recreational facilities shall be owned and maintained by a homeowners’ association or assign.

c. Environmentally sensitive, archaeological, and historic resources may be dedicated to the Town and maintained by the Town if approved by the Board of Trustees.

d. Conservation areas set aside as part of a rural subdivision shall be owned and maintained by the owners’ association or assigns.

e. Storm water detention and retention areas that also function as parks shall be owned and maintained by the owners’ association or assigns. Storm water facilities owned by the Town shall be maintained by the Town.

f. Areas designated as park lands shall be maintained according the designated function of the area. In addition, a mechanism to assure that maintenance will be funded in perpetuity shall be in place at the time of the Final Plat, as approved by the Town.

g. Parks protection and preservation. Areas designated as parks shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain as park space in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational activities as approved by the Town.

7. General provisions for Open Space.

a. Open space should serve as urban relief and preserve natural areas, habitat, vegetation and may allow for compatible recreational uses. Open space, such as the Godding Hollow drainage way and developed parks and plazas, shall be used to organize and focus lot, block, and circulation patterns and to enhance surrounding development. Street, block, lot, and building patterns shall respond to the views, landscape, and recreational opportunities provided by the open space.

(1) Minimum requirements for open space. All open space areas shall provide the following:

(a) Native vegetation or agricultural lands generally preserved as a contiguous parcel or land area.

(b) Appropriate fencing to enclose the area.

(c) Signage defining the allowable uses for the property.

(d) Open space areas shall also include a continuous land area, significant resources such as flood plains; natural water bodies; natural areas; wildlife and native plant habitat; important wetlands or watershed lands; stream corridors; passive, low-impact activities; areas with little or no land disturbance; and, or trails for non-motorized activities, or as approved by the Board of Trustees.

b. Public access. Areas designated as public open space shall be both visibly and physically accessible to the community. Public access shall be provided to all public open space, natural and developed, directly from the Public Street and trail system. In some instances areas may be closed to the public or open by appointment only, as necessary to preserve the integrity and properly manage the resource.

(1) Open space and trail areas shall have a minimum of seventy-five (75) feet of street frontage unless otherwise authorized approved by the Board of Trustees.

c. Street frontage for public open space. Development adjacent to public open spaces shall integrate the open space into the design and avoid enclosing open space with buildings and back yards to the greatest extent feasible.

d. Buffering. Appropriate buffering and setbacks shall be used between environmental resources and proposed development to ensure that the proposed development does not adversely affect the resource. Developers shall provide an open space buffer zone around all natural areas unless otherwise authorized by the Board of Trustees. The size of the buffer zone shall be in accordance with studies prepared by a qualified wetland or wildlife ecologist (as applicable) employed by the Town and paid for by the developer.

e. Open space uses. Uses designated within the open space shall be appropriate to the context and character of the site and the intensity of the proposed development.

f. Ownership and maintenance of open space. Ownership and maintenance of public open space shall be determined by the Town on a case-by-case basis at Final Plat.

(1) Generally, the home owners’ association or business owners’ association or assigns shall own and maintain public and private open space. Maintenance of trails shall be determined on a case-by-case basis.

(2) Landscaped outlots and private recreational facilities shall be owned and maintained by a homeowners’ association or assigns.

(3) Environmentally sensitive, archaeological, and historic resources may be dedicated to the Town and maintained by the Town if approved by the Board of Trustees.

(4) Conservation areas set aside as part of a subdivision within the Residential Estate Zoning District shall be owned and maintained by the owners’ association.

(5) Storm water detention and retention areas that also function as open space shall be owned and maintained by a homeowners’ association or assigns.

(6) Areas designated as open space shall be maintained according the designated function of the area. For areas that remain in private ownership, a mechanism to assure that maintenance will be funded in perpetuity shall be in place at the time of the Final Plat, as approved by the Town.

(7) Open space protection. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities if approved by the Town as determined in the annexation agreement, conservation easement, or other Town sanctioned process.

8. Open space requirements.

a. Open space requirements are intended to provide a unified network of public and private facilities to serve as recreational and social outlet and urban relief. Public land dedication requirements are identified in Section 2.12. Additional land dedication is required for schools as outlined in Section 2.14. Open space includes both private and public lands as follows:

(1) Areas within the community designated for the common use of the residents of an individual development and/or the community at large including conservation easement;

(2) Areas designated for preservation and protection of environmental resources, including floodplains, natural drainage ways and wetland areas;

(3) Areas impacted by subsidence;

(4) Areas designated for agricultural preservation;

(5) Water bodies in excess of one acre in surface area; and

(6) Areas of archeological and historic significance.

b. Open space shall not include the following:

(1) The area within the minimum required one hundred fifty (150) foot lot line setback around all oil and gas production facilities as noted in Article 9;

(2) Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space, unless approved by the Board of Trustees;

(3) Private yards whether on a residential or commercial site;

(4) Tree lawns in street rights-of-way; or

(5) Required parking lot landscaping associated with residential uses, except parking specifically designated for access to open space areas or trail head.

(6) Sidewalks, parking areas, driveways, roads, tree lawns, concrete pads, storage areas, public rights-of-way whether landscaped or not, building footprints, emergency access routes, oil and gas roads, or storm water facilities (unless otherwise noted in the Code).

9. Amount of open space required by development. The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for public recreation within walking distance of the site (one-quarter [1/4] mile), the Comprehensive Plan, and the findings of the recreational study noted in Section 2.11.1.a of the Land Use Code. To the extent practical, subdivision parks and open space shall be oriented to maximize views of significant natural features, parks, community buildings, and open space while promoting energy efficiency and resource conservation.

a. General provisions. The land area dedicated as parks and open space within subdivision developments shall not be credited toward the minimum landscape requirements or landscape area for site, lot, or parcel specific development as noted in Section 2.14 of the Land Use Code.

b. Each development shall provide an internal pedestrian way or trail system and any applicable trails designated on the Parks and Open Space Map of the Comprehensive Plan.

c. All residential developments shall dedicate a minimum of twenty percent (20%) of the gross land area for public parks, trails, open space or other similar purposes at the time of subdivision.

(1) Estate zones. The developer shall provide a minimum of twenty percent (20%) of the gross land being subdivided as functional open space, which may include agricultural land, natural areas, storm water facilities (if in compliance with Section 2.14.10), floodplains, subsidence areas, trails, and lands dedicated for other similar purposes, excluding roads.

(2) Single-family residential developments zoned R-1 or R-MH1. The developer shall provide:

(a) A minimum of twenty percent (20%) of the gross land being subdivided as functional open space which may include: pocket parks, plazas, trails, recreational amenities, homeowners’ association-owned landscaped areas (excluding parking lots), ponds, lakes, storm water facilities (if in compliance with Section 2.14.10), natural areas, and amenities for residents or other similar purposes;

(b) One (1) centrally located pocket park for every two hundred (200) residential units;

(c) The land for one (1) neighborhood park within a one-quarter (1/4) mile radius of the proposed homes; or a fair-share, cash-in-lieu contribution for the cost of the neighborhood park that will serve the development.

(3) Multi-family residential developments zoned R-2 or R-3 or zones that allow for residential development. The developer shall provide:

(a) A minimum of twenty-five percent (25%) of the gross land being subdivided as functional open space which may include: pocket parks, plazas, trails, recreational amenities, homeowners’ association-owned or landowner-owned landscaped areas (excluding roads, drives, and parking lots), natural areas and amenities for residents or other civic purposes;

(b) One (1) centrally located pocket park for every two hundred (200) residential units;

(c) The land for one (1) neighborhood park within a one-quarter-mile radius of the proposed homes; or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development.

d. All commercial and industrial developments shall dedicate a minimum of twelve percent (12%) of the gross land area for public parks, trails, open space and other civic purposes at the time of subdivision (excluding road rights-of-way).

(1) Commercial and industrial developments. The developer shall provide:

(a) A minimum of twelve percent (12%) of the gross land being subdivided as functional public or private open space, which may include: plazas, trails, landscaped areas (excluding roads, drives, and parking lots), recreational amenities, natural areas, ponds, lakes, and other similar purposes. Additional open space may be required for functional trails, pathways, buffers, and gateways to provide contiguity between existing and planned facilities, or meet the other applicable requirements of this Code, or as directed by the Town; and

(b) Within an Industrial subdivision a pocket park will count toward the land dedication and shall be included within or adjacent to the development (see Section 2.11).

e. Planned unit developments (PUD). The developer shall provide:

(1) A minimum of twenty-five percent (25%) of the gross land area shall be being developed as common functional open space within a residential development; or fifteen percent (15%) in a commercial or Industrial PUD, which may include: pocket parks, trails, owners’ association-owned areas (excluding roads and parking lots), natural areas, ponds, lakes, storm water facilities, and amenities for residents, patrons, and other civic purposes;

(2) One (1) centrally located Pocket Park for every two hundred (200) residential units;

(3) Land for one (1) neighborhood park within a one-quarter-mile radius of the proposed homes; or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and

(4) Up-graded amenities such as parks improvements and features, landscaping, lighting, fountains, etc. shall be of a quality and quantity that exceeds the standard park amenity requirements by a minimum of twenty-five percent (25%).

10. Parks and Open Space Plans Master Landscape Plans. Master Landscape Plans shall be provided for all parks, open space and landscape areas. All land development applications with the exception of plot plan applications for individual single-family residences shall be accompanied by an appropriate landscape plan. In addition to meeting the requirements of Section 2.11 Parks and Open Space as well as Section 2.14 Landscape Requirements, the following information shall be included in the landscape plans for Sketch, Preliminary Plat, and Final Plat.

a. A conceptual parks, open space, and landscape plan shall be submitted with the subdivision sketch plan. The intent of the conceptual open space plan is to identify the resources on a site and show how they are integrated into the overall design for the project, parks and open space and the neighborhood. This information shall be included on the Sketch Plan map or combined with the landscape plan. At minimum, the conceptual open space plan shall contain the following:

(1) A verbal and graphic description of the design intention and how the open space will function; and

(2) Specific information required on the conceptual plan as listed in Table 2.5.

b. A Preliminary Parks, Open Space and Landscape Plan shall be submitted with the subdivision Preliminary Plat. The intent of the preliminary open space plan is to discuss the details of how the open space will be used to organize the overall project design, illustrate how it will function in the overall neighborhood and define long-term maintenance requirements and responsibilities. Information included on the preliminary landscape plan shall be legible and clearly illustrated at and appropriate scale. The preliminary open space and ecological characterization plan shall contain the following:

(1) A description of the design intention and how the proposal is consistent with the purpose and intent of this Section;

(2) Applicants shall provide a draft master parks, open space, and landscape management plan to be submitted for review and approval with the preliminary plat and preliminary landscape plan; and

(3) Specific information required on the preliminary plan as listed in Table 2-7.

c. Final parks, open space, and landscape plan shall be submitted with subdivision Final Plat. The intent of the final open space is to ensure that all phases of the final open space plan are consistent with the preliminary open space plan as approved during the Preliminary Plat; or for a PUD development, to identify the resources on the site and discuss the details of how the open space will be used to organize the overall project design, to illustrate how it will function in the overall neighborhood and define long-term maintenance requirements and responsibilities. Information shall be included on the final landscape plan shall be legible and clearly illustrated at and appropriate scale. The final open space and ecological characterization plan shall contain the following:

(1) A description of the design intention and how the proposal is consistent with the recreational activity study (if required), Comprehensive Plan, ecological conditions of the site, and provisions of this Code;

(2) Appropriate documentation (i.e., warranty deed, homeowners’ association documents, conservation easement and open space management plan) that shows who will own and maintain the open space. Applicants shall provide a master parks, open space, and landscape management plan to be submitted for review and approval with the final plat and final landscape plan;

(3) Specific information required on the final plan listed in Table 2-7.

Table 2-7

PARKS AND OPEN SPACE MASTER LANDSCAPE PLAN 

Information Required

Sketch

Preliminary

Final

Scale, north arrow, site boundary

Y

Y

Y

Existing and proposed streets, pathways, and parking areas

Y

Y

Y

Existing and proposed utilities and easements

Y

Y

Existing contours (2' intervals) – may use USGS for concept plan

Y

Y

Existing and proposed site features, including ditches, trees, shrubs and native ground covers and any drainage ways on the site. Indicate which plants will be preserved and method of preservation and which will be removed.

Y

Y

Y

Delineate floodplains, wetlands, wildlife habitat, threatened endangered flora and fauna, archaeological/historic areas or other resources and prominent views and how they will be preserved and integrated into the overall site design

Y

Y

Y

Note all ecological functions provided by the site and its features (i.e. water quality or storage, sensitive flora or fauna (if any), feeding, watering, nesting, roosting, perching, cover, times/seasons area is used and the "value" of the biome (if any)

Y

Y

Y

Show all existing and proposed bank, shoreline and high water mark of any perennial stream or body of water on the site

Y

Y

Y

Illustrate how the open space network, pedestrian and bicycle circulation, and auto access (if any) (both private and public) will function within the proposed development and linkages to the existing neighborhood or planned facilities.

Y

Y

Show how the property will relate to other existing and proposed neighborhood parks and trails in the area

Y

Y

Y

Indicate and the method of irrigation

Y

Y

Define areas to designate as visual relief, passive or active recreation natural buffers, open space, and park land.

Y

Y

Y

Detail if they will be public or private

Y

Y

Indicate how open space (i.e., parks, trails, natural areas, etc.) will be phased and developed, including erosion control, re-vegetation, irrigation and weed management, and the installation of amenities both during and after construction

Y

Y

Describe the design intention

Y

Y

Provide a recreational activity and service study with recommendations

Y

Y

Conceptual design of neighborhood park and its uses

Y

Preliminary design of neighborhood park

Y

Final design of neighborhood park

Y

Park development phasing plan and proposed triggers (if applicable)

Y

Provide detailed construction drawings and details, specifications, and cost estimates for all proposed improvements.

Y

Provide a maintenance plan, with irrigation, fertilizer, and other applicable specifications and requirements for the establishment, vitality, and longevity of the park and its amenities.

Y

Provide parks plan drawings that meet the requirements of Section 2.14.9 of the Land Use Code.

Y

(Ord. 1145 §§ 3 – 7 (Exh. A), 2013; Ord. 1167 §§ 3, 11 (Exh. A), 2014; Ord. 1371 § 4, 2022)