88-410-06 - OPEN SPACE
88-410-06-A. GENERAL
Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent, active or passive open space. Any city-accepted parkland or open space area under 88-405-17 will be counted towards meeting minimum open space standards.
88-410-06-B. USE, LOCATION AND DESIGN
1. Open space must be dedicated or reserved for one or more of the following uses:
(a) conservation of, and avoidance of development in, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property (e.g., drainageways, wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities);
(b) conservation and protection of mature riparian vegetation within the outer zone of a stream buffer;
(c) conservation and protection of any identified significant natural areas (e.g., rare plant communities and wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems;
(d) conservation and protection of any identified significant historic or cultural resources; or
(e) provision of active and/or passive outdoor recreation opportunities (e.g., ball fields, playgrounds, tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking trails, nature trails, and picnic areas), either for the general public or for the subdivision's residents or employees and their guests. (Note: this provision is not intended to preclude a membership requirement or monetary charge for use of recreation facilities such as a golf, swim, or tennis club, as long as subdivision residents have an opportunity to join the club or pay to use club facilities.)
2. Highest priority for the location, design, and use of open space must be given to conserving, and avoiding development in, any natural hazard areas on the subdivision site.
3. Open space may contain active recreation areas (e.g., golf courses) and only such buildings, structures, accessways and parking facilities as are necessary and accessory to its principal uses (e.g., pedestrian paths, recreational club houses, utility lines, driveways, parking areas). All active recreation areas, permanent structures, and impervious surfaces must be of a "low-impact" design, and management practices must be instituted to protect and enhance the natural character and function of the open space. Such development requires:
(a) a tree and native vegetation preservation plan that limits site disturbance to the minimum required for construction and protects mature vegetation areas from degradation;
(b) landscaping using native or naturalized plant species;
(c) low-input, natural vegetation management practices; and
(d) stormwater best management practices.
4. Open space areas may be used for stormwater management in accordance with the city's Standards, Specifications, and Design Criteria and the city's Manual of Best Management Practices for Stormwater Quality.
5. Open space areas may not be used for irrigation of reclaimed wastewater.
6. The location, size, character, and shape of required open space must be appropriate for its intended use (e.g., open space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for ball fields, playing fields, or other active recreational facilities should be located on land that is relatively flat and dry).
88-410-06-C. OWNERSHIP AND MANAGEMENT OF OPEN SPACE
1. The applicant must identify the owner of the open space. The designated owner and the owner's successors are responsible for maintaining the open space and any associated facilities. If a property owners association is the owner, membership in the association is mandatory and automatic for all property owners of the subdivision and their successors. If a property owners association is the owner, the property owners association must have lien authority to ensure collection of dues from all members.
2. The applicant must submit a management plan for the open space and all common areas. The management plan must:
(a) allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements;
(b) estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;
(c) provide that any changes to the management plan be approved by the development review committee; and
(d) provide for enforcement of the management plan.
3. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all subdivision properties.
88-410-06-D. BOUNDARY MARKERS
1. Boundary markers must be put in place clearly marking required open space areas before, during, and after construction.
2. Boundary markers must be installed at the intersection of private lot lines with the outer edge of the permanent open space area before receiving final city approval of plans for clearing, grading, or sediment and erosion control.
3. Construction fencing must be placed at the outer edge of the existing vegetation to be preserved in the permanent open space area. This fencing must be maintained throughout the construction process.
4. Permanent signs must be placed at the edge of the permanent open space. as follows:
(a) For single-lot developments, signs must be posted every 100 feet along the open space boundary.
(b) For multiple lots located along an open space set-aside, signs must be located at the intersection of every other lot line along the open space.
5. Required signs must read: "Permanent Open Space Set-Aside - Do Not Disturb (City Code 88-410)," with the sign message located approximately 4 feet above the ground. Signs must be maintained and remain legible at all times.
88-410-06-E. LEGAL INSTRUMENT FOR PERMANENT PROTECTION
1. The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:
(a) a permanent conservation easement (RSMO 67.880) in favor of either:
(1) a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions;
(2) a governmental entity (if the entity accepting the easement is not the city, then a third right of enforcement favoring the city must be included in the easement);
(b) an open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
(c) an equivalent legal tool that provides permanent protection, as approved by the city attorney.
2. The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space.
