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Open space development zoning

Kris Olsson

Member
Messages
1
Points
0
Hello.

My township is working on an open space development ordinance that would require developments to cluster units on smaller lots and preserve 50 - 70% (I can't remember exactly) of the remaining land as "open space."

A concern was brought up by one of our planning commissioners over the fate of the designated open space. Not so much, can we assure it will not be developed later, but, will it all just turn into invasive weeds? My answer to him, is, first of all, there is opportunity in the ordinance to deed the land to a local land trust, who will manage it. Or, if the homeowner's association takes control of it, they will "manage" it. But, I don't really think there is any guarantee or specific provisions requiring the open space area to be "managed."

My more philosophical answer was, yes, there is a chance that open space will not be managed, but will turn into weeds, but that is still better than paving it over with cookie-cutter development.

So, are there other thoughts? Do others know of ordinances that specifically address this?

Kris Olsson
 

Tom R

Cyburbian
Messages
2,274
Points
24
You're right. Open space in weeds is wild flowers to others. See the Bath Township, Ohio zoning Resolution on their web site.
 

Lee Nellis

Cyburbian
Messages
1,371
Points
28
The maintenance question comes up frequently. The very best solution is to have the open space stay in agricultural or forest use, under the ownership of someone who wishes to continue those activities. If that is not possible having the land deeded over to the local land trust or a public agency can work. In many cases however it will be necessary to have open space be the responsibility of a homeowner's association. Your local ordinance should include definite provisions for this situation. If you would be interested, I can send you language I have used with a number of clients.
 
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