§ 17.40.070. Open space.

A.

The preliminary and final PD site plans or preliminary/final PD site plans shall provide for open space use as defined in this section. The amount of open space to be dedicated shall be determined by the Town for each planned development (PD) site plan based on the specific, unique characteristics of the site and the proposed development and the standards herein. Open space dedications shall be made in conformance with the Town of Monument Land Dedication requirements as outlined in the Monument Municipal Code Chapter 16.32 - Dedications, and in conformance with the Town of Monument Parks, Trails, and Open Space Master Plan and the Town of Monument Comprehensive Plan as amended from time to time. "Open space" is defined as lands which are suitable for:

1.

Environmental preservation of significant natural areas such as buttes, bluffs, and other geologic formations, water bodies/resources, wildlife habitat areas, fragile ecosystems (wetlands), floodplains, riparian areas, and vegetative stands; and

2.

Preservation of lands which preserve significant views, provide transitions between different densities and uses (buffers), and otherwise serve to give shape and form to the proposed development and surrounding community.

B.

In evaluating and determining the proposed open space areas within a PD plan, the following factors shall be considered:

1.

Conformance with the Town's Comprehensive Plan and conformance with the Parks, Trails, and Open Space Master Plan, including the standards for Park Areas, Trails and Recreation Facilities, and the Monument Municipal Code, including Chapter 16.32 - Dedications;

2.

The environmental characteristics of the site including the preservation of significant natural features and resources such as wildlife habitat, native vegetation (especially trees and shrubs), and scenic features such as rock formations and view corridors, buffers, and areas unsuitable for development;

3.

The location, use, and relationship of the proposed open space areas to the development areas within the PD. Public or private common-use open space areas may be accessible and available to the occupants of the proposed residential dwelling units and to employees and visitors of non-residential developments depending on whether the open space area contains sensitive or fragile environmental features or wildlife habitat;

4.

Provision for adequate pedestrian and bicycle trail systems;

5.

The buffering needs of adjacent existing and planned land uses;

6

View corridors within and through the property and other visual/scenic assets of the site;

7.

The degree to which the proposed open space areas contribute to the quality, livability and amenities of the PD, with regard to urban shaping of the development.

8.

For multifamily, townhome, and condominium developments, common open space and other recreational amenities accessible to the residents of the project that are privately maintained may be credited toward the overall PD open space requirement, but not to exceed a credit equal to fifty (50) percent of such requirement.

C.

For each planned development, PD open space areas shall be required to be dedicated to the Town and be maintained by a metropolitan or special district or other entity capable of maintaining the area for the life of the development. The Town may approve private ownership of the open space provided that the open space will be preserved and proper maintenance will be provided for the life of the development.

D.

Open Space and Public Land Dedication Plan. As part of the preliminary PD site plan or as a preliminary/final PD site plan, an overall open space plan shall be included in each PD. The plan shall indicate major open space areas and public land dedication areas labeled according to general use and type. The open space plan shall also indicate the proposed trail system within the PD and planned linkages to adjacent community and regional trail systems. The open space plan shall include commitments for the amount and timing of public open space conveyances and any private open space reservations. All water rights appurtenant to and necessary to service the PD open space areas (public or private) and public land dedication areas must be conveyed to the Town, or other acceptable ownership entity.

(Ord. No. 05-2010, 2-1-2010)