1272.08 COMMON OPEN SPACE.
(a) Amount and Character.
(1) For PUD-R. A minimum of twenty-five percent (25%) of the total acreage in a proposed development permitted by this chapter, shall be dedicated to public and/or private open space or recreation facilities available to all occupants of the PUD. This open space shall not include dwellings, streets, parking areas, or residential lots. Such open space shall be clearly shown on the general plan and shall be physically situated so as to be readily accessible, available to and usable by all residents of the PUD. Water detention areas may be included in common open space if attractively developed.
(2) For PUD-B, PUD-M. PUD-O, and the non-residential portions of PUD- MU. No common open space is required. The Planning Commission shall establish the percentage of the lot dedicated as open space for all lots. This open space shall not include structures, roadways and other paved areas, and other impervious surfaces.
(b) Conveyance and Maintenance. All common open space, shown on the final development plan and recorded in the office of the Recorder of Montgomery or Warren County, must be conveyed in accordance with the following methods, at the option of the Planning Commission:
(1) By leasing or conveying title (including beneficial ownership) to a corporation, homeowner’s association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions satisfactory to the Commission for guaranteeing:
A. The continued use of such land for its specified purposes;
B. Continuity of proper maintenance;
C. Availability of funds required for such maintenance;
D. Adequate insurance protection; and
E. Recovery for loss sustained by casualty, condemnation or otherwise.
F. The developer shall provide to the City at the time the record plan is filed for City review and approval, executed legal documents which create the aforesaid guarantees and, in particular, which will restrict the use of common open space to the specified purposes.
(2) By dedication to the City as publicly owned and maintained open space. All common open space proposed for dedication to the City must be acceptable with regard to size, shape, location and improvement. The City Council shall not accept such dedications unless the open space will be of substantial use and benefit not only to occupants of the PUD, but also to the greater Springboro community. Acceptance of such dedications by the City shall be in the City Council’s sole discretion, and the City shall have no obligation to accept any such dedication, regardless of its merit.
(Ord. 02-4. Passed 1-17-02.)