Applicants that choose the conservation standards must set aside at least the minimum acreage specified in Sec. 2.4.1.B1. as common open space. Applicants that choose the compact standards must set aside at least the minimum acreage as specified in Sec. 2.3.1.B1. as common open space. The amount of required common open space is calculated as a percentage of the net site area.

In allocating land for required common open space, the following hierarchy of primary and secondary open space applies.

1. Primary Open Space
   The following are considered primary open space areas and must be the first areas reserved as required open space:
   1. Floodway areas;
   2. Natural resource buffers required along primary and secondary watercourses (see open space bonus allowance in Sec. 9.2.3 A.1.d);
   3. Slopes above 25% of at least 5,000 square feet contiguous area;
   4. Jurisdictional wetlands under federal law (Clean Water Act, Section 404) that meet the definition applied by the Army Corps of Engineers; and
   5. Transitional protective yards.
2. Secondary Open Space
   The following are considered secondary open space areas and must be included as required open space once the primary open space areas are exhausted:
   1. Floodway fringe and/or future conditions flood hazard areas.
3. Tertiary Open Space
   The following are considered tertiary open space areas and must be included as required open space once the primary and secondary open space areas are exhausted:
   1. Historic, archeological and cultural sites, cemeteries and burial grounds;
   2. Significant natural features and scenic viewsheds such as ridge lines, field borders, meadows, fields, river views, natural woodlands that can be seen from roadways and serve to block the view of the project in whole or in part;
   3. Habitat for federally-listed endangered or threatened species;
   4. Individual existing healthy trees greater than 10 inches DBH and their critical root zones;
   5. Areas that connect to neighboring open space, trails or greenways;
   6. Soils with severe limitations due to drainage problems; and
   7. Tree conservation areas.

1. The minimum width for any required open space is 50 feet. Exceptions may be granted for items such as trail easements and linear parks and 32-foot wide tree conservation areas.
2. At least 60% of the required open space must be contiguous. For the purposes of this section, contiguous includes any open space bisected by a Local Street or Mixed Use Street, provided that:
   1. A pedestrian crosswalk provides access to the open space on both sides of the street; and
   2. The right-of-way area is not included in the calculation of minimum open space required.
3. Where feasible, the open space should adjoin any neighboring areas of open space, other protected areas and non-protected natural areas.
4. The required open space must be directly accessible to the largest practicable number of dwelling units within the development. Non-adjoining lots must be provided with safe, convenient access to the open space.
5. No lot can be farther than a ¼-mile radius from the open space. This radius is measured in a straight line from the lot line, without regard for street, sidewalk or trail connections, to the nearest point of the open space.
6. Access to the open space must be provided either by an abutting street or easement not less than 20 feet in width.
7. Open space can be relocated in an approved development, provided the following standards are met:
   1. The amount of open space shall be equal to or greater than the amount shown on the approved plan.
   2. Open space adjacent to a recorded tree conservation area cannot be relocated to an area absent tree conservations area.
   3. Open space areas contained in the list of "primary open space" in Sec. 2.5.2.A cannot be relocated to a secondary or tertiary open space area as defined in Sec. 2.5.2.B. and C. Open space areas contained in the list of "secondary open space" in Sec. 2.5.2.B. cannot be relocated to "tertiary" open space as defined in Sec. 2.5.2.C.

To the extent not otherwise prohibited, required open space may be used for the following:

1. Conservation areas for natural, archeological or historical resources;
2. Meadows, woodlands, wetlands, wildlife corridors, game preserves or similar conservation-oriented areas;
3. Pedestrian or multipurpose trails;
4. Passive recreation areas;
5. Active recreation areas, provided that impervious area is limited to no more than 25% of the total open space (active recreation areas in excess of this impervious area limit must be located outside of the required open space);
6. Golf courses (excluding clubhouse areas and maintenance facilities), provided the area does not exceed 50% of the required open space and further provided that impervious area is limited to no more than 10% of the total open space;
7. Water bodies, such as lakes and ponds and floodways provided the total surface area does not exceed 50% of the required open space;
8. Restricted agriculture, community garden;
9. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture;
10. Stormwater control measures; and
11. Easements for drainage, access and underground utility lines.

No more than 25% of the required common space shall be devoted singularly or collectively to detention ponds, sand filters and retention ponds, provided, this limitation
shall have no application to any retention pond that meets all of the following:

1. The retention pond or closely connected series of ponds is one-half acre water surface area at normal pool in size or greater;
2. The retention pond is surrounded by open space;
3. The retention pond is accessible to all homeowners; and
4. The retention pond is an amenity complying with Sec. 7.2.6.

Required open space cannot be used for the following:

1. Individual wastewater disposal systems;
2. Overhead electric transmission lines or high voltage electric transmission lines; and
3. Streets (except for street crossings as expressly provided) and impervious parking areas.

1. Ownership
   Required open space must be owned and maintained by one of the following entities:
   1. Land Conservancy or Land Trust
      A bona fide land conservancy or land trust with the legal authority may own the open space. The responsibility for maintaining the open space and any facilities may be borne by a land conservancy or land trust.
   2. Homeowners' Association
      A homeowners' association representing residents of the development may own the open space. The homeowners' association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities is borne by the homeowners' association.
2. Conveyance
   The conveyance of common open space shall be in accordance with the following:
   1. Open space shall be conveyed to the land conservancy or homeowners' association in fee simple without any encumbrances except drainage, greenway and utility easements. Title to the real property shall be conveyed no later than the time of the conveyance of the first lot within the applicable phase of the development.
   2. Open space shall be preserved for the perpetual benefit of the residents within the development and it shall be restricted against private or public ownership for any other purpose except acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage and greenway easements.
3. Dissolution
   If the homeowner’s association is dissolved, the open space may be offered to another entity who shall be responsible for the maintenance and upkeep of the open space. If no other offer is accepted, the open space shall be offered to the City and if accepted, deeded to the City.