8-6-5-2: COMMON AREA OPEN SPACE:

   A.   Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land area developed in any residential PUD project shall be reserved for common area open space and recreational facilities for the residents or users of the area being developed.

   B.   Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in title 9 of this code.

   C.   Compliance: All common area open space shall be evaluated for its compliance with the following:

      1.   Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;

      2.   Siting: Visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment.

   D.   Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent to, or at a minimum, have direct access to common area open space. The term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access. The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement.

   E.   Dedication Of Land For Public Use: A required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and right of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the council.

   F.   Maintenance: The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan. (Ord. 566, 5-15-2007)