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30.42B.115 Design criteria - Open space.
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(1) Open space shall be provided in PRD developments consistent with the following standards:

(a) Within a PRD, a minimum of 20 percent of the gross site area shall be established as open space;

(b) Open space shall be used for:

(i) On-site recreation space;

(ii) Critical areas and their required buffers subject to chapters 30.62A and 30.62B SCC;

(iii) Perimeter landscaping areas outside of rights-of-way;

(iv) All other open space areas owned in common and shared by residents and/or owners in the PRD, excluding those items listed in subsection (1)(c) of this section;

(v) LID BMPs that do not require fencing or consist of hard surfaces, such as infiltration systems, bioretention, and flow dispersal systems. LID BMPs that consist of hard surfaces may count as open space only when the hard surface is specifically for recreational use, such as a pedestrian trail;

(c) Open space shall not include any of the following:

(i) Lots, dwellings, and associated private yards, outdoor storage areas, and building setback areas;

(ii) Public or private street right-of-way including sidewalks and planter strips;

(iii) Parking lots, driveways and other areas of motorized vehicle access; or

(iv) Open drainage facilities such as detention and retention ponds, wetponds, and other drainage facilities that require fencing pursuant to chapter 30.63A SCC, the Drainage Manual, or the EDDS;

(d) Open space shall be permanently established in clearly designated, separate tracts. Tracts shall be owned by:

(i) The landowner, when no individual building lots are created and the property is held under single ownership;

(ii) All lot owners and condominium owners jointly, with an equal and undivided interest; or

(iii) A homeowners association, when consistent with SCC 30.42B.210(6);

(e) Open space shall be protected in perpetuity by a recorded covenant, in a form approved by the director. The recorded covenant must restrict uses of the total open space to those specified in the approved PRD site plan and must provide for the maintenance of the total open space in a manner which assures its continuing use for the intended purpose. This covenant shall be located on the face of the final short plat, final plat, or binding site plan/record of survey.

(2) On-site recreation space shall be provided as a component of total open space and shall be consistent with the following standards:

(a) The on-site recreation space shall be for the uses set forth in SCC 30.23A.080(4), excluding the following:

(i) Critical areas and their buffers subject to chapters 30.62A and 30.62B SCC; and

(ii) Utility easements that exist on the project site at the time of application submittal, unless the applicant can demonstrate that an active recreation facility can function adequately on the easement;

(b) The requirement for on-site recreation space shall be at least 600 square feet per dwelling unit: except that retirement apartments and retirement housing shall be 200 square feet per dwelling unit;

(c) Forty percent of the required on-site recreation space shall be located in a single open space tract, permanent easement, or commonly used and owned structure. Alternatively, the applicant shall be permitted to satisfy this requirement when no more than three open space tracts are created that provide a comparable open space use to that otherwise required. Power line, utility rights-of-way and other similar easements may be incorporated into on-site recreation space and counted towards the open space requirements of this section, provided they are developed with active recreational improvements. Remaining on-site recreation space shall be adequate in design and size for the intended passive and/or active recreation. No on-site recreation space shall have any dimension less than 20 feet (except for segments containing trails, which shall not be less than 10 feet in width), unless the applicant can demonstrate that a lesser dimension will not inhibit the use of the open space for its designated purpose;

(d) On-site recreation space designed for children shall not be located adjacent to any street designated as a collector/arterial unless properly designed with fencing, located away from street edges and other provisions to ensure adequate child safety. On-site recreation space designed for children shall be open, accessible, and visible from adjacent dwellings in order to enhance security;

(e) On-site recreation space shall have the appropriate location, slope, soils, and drainage to be considered for recreational development;

(f) On-site recreation space shall be landscaped pursuant to the provisions of SCC 30.42B.125, and in accordance with the required landscape plan in a manner that enhances the design of the open space while not conflicting with the function of the proposed recreation use; and

(g) Any buildings, structures, and improvements to be permitted in the on-site recreation space shall be those appropriate to the proposed uses.

(3) Active recreation uses shall be provided as follows:

(a) A minimum of 30 percent of the required on-site recreation space within PRDs with 10 or more lots or dwelling units shall be developed for active recreation uses;

(b) The active recreation requirement may be reduced by up to 30 percent for projects of 20 or fewer dwelling units, if access for pedestrians is constructed to an adjacent off-site public recreation area that contains an active recreation use that meets the needs of residents within the PRD and is approved by the off-site recreation provider;

(c) The active recreation facility shall be located on a reasonably level site with slopes no greater than six percent unless the applicant can demonstrate that the recreation facility can function adequately on greater slopes; and

(d) Playgrounds with children’s play equipment shall meet all safety recommendations and construction specifications of the manufacturer of the equipment used. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 04-003, Mar. 31, 2004, Eff date May 17, 2004; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Ord. 19-046, Sept. 25, 2019, Eff date Oct. 5, 2019).