8-3-9: OPEN SPACE:

   A.   Purpose: This Section encourages well designed open space within new development and provides standards for dedicated open space areas and/or uses approved as part of a development application.

   B.   Applicability: These regulations shall apply to planned unit developments, master site plans, and/or subdivision plats that include dedicated open space areas and/or uses.

   C.   General Regulations:

      1.   Dedicated Open Space Plan: The dedicated open space plan shall include the following information on a map of an appropriate scale and may be accompanied by any necessary associated documents:

         a.   The boundaries and legal description of all dedicated open space areas;

         b.   Existing distinctive natural characteristics including, but not limited to, prime agricultural land and topographical elements;

         c.   The dedicated open space uses;

         d.   Depiction of all impervious surfaces including, but not limited to, structure footprints, driveways, or roadways; and

         e.   The dedicated open space area maintenance, management, and administration description.

      2.   Required Dedicated Open Space: At least ten percent (10%) of residential areas of planned unit developments shall be designated as, and used exclusively for, dedicated open space, as set forth in this Section.

      3.   Allowed Open Space Uses: The allowed open space uses shall include, but not be limited to, the following:

         a.   Natural areas;

         b.   Agriculture;

         c.   Community garden plots for cultivation by residents;

         d.   Recreational areas designed for specific passive and/or active recreational uses including, but not limited to, golf courses, tot lots, tennis courts, swimming pools, and ball fields;

         e.   Greenways identified on the adopted Ada County Ridge to Rivers Pathway Plan;

         f.   Lawns or ground cover with or without trees;

         g.   Riding trails and common pasture;

         h.   Use associated with a historic structure; or

         i.   Any combination of uses listed above.

      4.   Ownership: Dedicated open space shall be held in one or more of the following methods of ownership:

         a.   Condominium: If ownership of the proposed development is held as a condominium compliant with Idaho Code, Title 55, Chapter 15, the dedicated open space may be held as a common area of the condominium.

         b.   Homeowners' Association: The dedicated open space may be held in common ownership by an incorporated homeowners' association.

         c.   Fee Simple Dedication:

            (1)   The dedicated open space may be dedicated to a federal, state, or municipal government body empowered to hold an interest in real property subject to the laws of Idaho or the United States, or a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreation, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

            (2)   The County shall review and approve any offer of dedication to an entity listed above, and the acceptance of the offer, and the terms and conditions thereof that demonstrate the dedicated open space shall be maintained as dedicated open space.

      5.   Maintenance Requirement: If any owner of dedicated open space fails to maintain same according to the standards of this Title, Ada County may demand that deficiency of maintenance be corrected and enter the dedicated open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the dedicated open space.

      6.   Improvements: The applicant or owner is responsible for required improvements within dedicated open space areas. A surety agreement, established in Section 8-3-5, may be required to cover costs of installation or maintenance of those improvements.

   D.   Design Standards:

      1.   Consistent With Adopted Plans: The design shall be consistent with adopted regional or local open space and recreation plans.

      2.   Accessibility: The dedicated open space shall have access to residents of the subdivision or planned unit development. For dedicated open space within a master site plan, the dedicated open space shall have access to site users.

      3.   Roadways: The number of private or public roadways that divide the dedicated open space shall be limited to those necessary for proper traffic circulation, and the roadways shall not detract from the efficient use of the open space.

      4.   Structures: The dedicated open space shall be free of all structures, except those that enhance the use of the dedicated open space including, but not limited to, structures related to outdoor recreational use, well houses, and stormwater retention basins.

      5.   Stormwater Basins: Stormwater retention or detention basins designed and approved as part of the stormwater management system for the property may be located within the dedicated open space area.

      6.   Impervious Surface: No more than five percent (5%) of the dedicated open space shall be impervious surface.

      7.   Additional Standards For Dedicated Open Space In A Planned Unit Development Or Subdivision:

         a.   The dedicated open space shall not be less than one hundred feet (100') in width at any point and not less than twenty thousand (20,000) square feet of contiguous area, except when part of a trail system, pathway network, or pocket park for active recreational use.

         b.   The dedicated open space shall connect to open space areas on neighboring properties wherever possible including provisions for pedestrian walkways to create linked walkway or pathway systems.

         c.   The dedicated open space shall have the required number of automobile and bicycle parking spaces as established in Section 8-3-10 of this Chapter.

            (1)   Parking areas shall have safe and convenient access from an abutting public street or other rights of way or easements capable of accommodating pedestrian, bicycle, or vehicle traffic.

            (2)   Required parking areas for outdoor amusement or recreation facilities may be included in calculating the amount of dedicated open space.

         d.   When children's play equipment is proposed, a minimum of two (2) shade trees shall be planted to shade the play equipment on the west and southern exposures.

(Ord. 1002, 10-28-2025)