§ 6.07.05. Open spaces.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Open spaces means any land or water surface that affords unobstructed physical movement and is relatively free of manmade structural mass and shall be provided for their aesthetic, health, environmental and economic benefits to the community in any new development.

(b)

Requirements for developments exceeding five acres. Open space areas shall be provided within developments in order to enhance the living and working environment.

(1)

Classifications. Open space areas are described as areas serving any one of the following four basic functions:

a.

Shapes urban patterns. Areas which define and delimit urban concentration on a large scale. They can be used to separate or consolidate development and prevent development in undesirable locations.

b.

Production. Lands which are utilized for the production of products which contribute to the county's and the town's economy. This includes croplands (vegetable and citrus), pasture, commercial forests and plant nurseries.

c.

Recreation. Lands which support a specified recreation pursuit, whether it is an active or passive form of recreation.

d.

Conservation. Areas with unique natural qualities or physical benefits which need protection or preservation from man-built developments.

(2)

Two percent of land area required. All developments shall provide open space in the form of greenbelts and buffer zones at a ratio of two percent of the gross land area.

(3)

Prior phases of development. Open space in the form of greenbelts or buffers provided within the legal description portion of the proposed phase or project may be included to meet the minimum open space criteria. Excess open space committed in prior phases adjacent to a proposed development phase may be considered to meet up to 75 percent of the open space criteria.

(4)

Category A open space. All of the following uses shall count 100 percent towards meeting the total open space required:

a.

Buffer zones and greenbelts.

b.

Recreational areas (active and passive).

c.

Landscaped areas.

d.

All other permanently undeveloped uplands.

(5)

Category B open space. All of the following uses may be credited towards meeting the minimum open space requirements if the performance standards are met, but shall not account for more than 50 percent of the total open space required:

a.

Wet bottom stormwater management ponds.

1.

Minimum of 1.0 acres;

2.

5:1 side slopes;

3.

Sodded or an equivalent ground cover;

4.

Unfenced;

5.

Curvilinear in shape rather than angular;

6.

Landscaped in accordance with the following criteria:

(i)

2.5 acres. At least ten percent of the land above the design high-water level, excluding maintenance berms, shall be landscaped with at least 50 percent of the required area with plant materials other than ground cover (the use of native plant species is encouraged); or a littoral zone band of at least five feet in width for at least 50 percent of the shoreline established with native aquatic or semi-aquatic plant species;

(ii)

5-5.0 acres. At least five percent of the land above the design high-water level, excluding maintenance berms, shall be landscaped with at least 50 percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged); or a littoral zone band of at least five feet in width for at least 35 percent of the shoreline established with native aquatic or semi-aquatic plant species;

(iii)

More than 5.0 acres. A littoral zone band of at least five feet in width for at least 20 percent of the shoreline established with native aquatic or semi-aquatic plant species:

A.

Access provided for all residents/employees;

B.

100 feet minimum width.

b.

Dry bottom stormwater management ponds.

1.

Sodded;

2.

Unfenced;

3.

Must be dry within 72 hours after a 25-year storm event;

4.

A skimmer must be provided to minimize the accumulation of trash and pollutants;

5.

At least five percent of the area above the peak stage elevation must be landscaped with at least 50 percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged).

c.

Easements.

1.

Minimum 25-foot wide;

2.

Accessible for public use;

3.

Written verification from the easement holder authorizing unrestricted access.

d.

Plazas/hardscapes.

1.

20 percent landscaped;

2.

Seating areas;

3.

30 percent pedestrian accessible (excluding sidewalks) for area remaining after landscaping and water features/sculptures.

e.

Natural lakes. Only lakes which are totally within the legal description of the land use plan shall be credited towards open space.

(6)

Category C open space. Areas within a project, phase or tract, which are classified as conservation areas including mitigation areas, pursuant to the conservation element of plan and article V of this Land Development Code, shall be identified at the time of development plan submission. Conservation areas shall qualify as open space. However, to ensure that conservation areas or mitigation areas which comprise a high percentage of a project or tract do not constitute the only open space for the project, the amount of open space credit shall be limited to no more than 50 percent of the total open space required.

(7)

Percentage provided in categories B and C. Open space categories B and C cannot count for more than 75 percent of the total open space required for the project, phase or tract.

(Ord. No. 91-6, § 3(6.07.05), 2-11-1992; Ord. No. 2009-03, § 6(6.07.05), 6-9-2009)