§ 804. Open Space Requirements.

804.1.   Open Space

A.

Open Space Includes. Open space may include, but shall not be limited to:

1.

Lawns and other sodded areas, decorative plantings, and naturally vegetated areas, overflow grass or paver block parking areas;

2.

Walkways, recreation areas, playgrounds, swimming pools, and ornamental features such as fountains, statutes, or similar natural or artificial objects;

3.

Natural or artificial water bodies below the shoreline such as lakes which are designed to adequately serve as open space; provided that all such areas comply with the Manatee County Development Standards and do not exceed seventy-five (75) percent of the open space calculation.

4.

Landscaped islands, medians and other landscaped areas of a minimum size of ninety (90) square feet, within parking lots.

5.

No more than twenty-five (25) percent of the required landscaped and pervious area shall be composed of permeable paving block.

B.

Open Space does not Include. Open Space shall not be deemed to include:

1.

Driveways, parking lots made of an impervious surface, streets, sanitary systems, loading areas, or other motor vehicular use areas;

2.

Any area occupied by a building, except as provided below, for recreational open space;

3.

Any area within an individual residentially zoned or used lot in any subdivision;

4.

Areas so located or so small, or so circumscribed by or interspersed with buildings, driveways, parking lots (with landscaped islands, medians, etc., under ninety (90) square feet in size), public streets or rights-of-way, or private access easements or streets, drainage areas, or similar facilities or structures, as to have no substantial value for the purpose stated in this definition as determined by the Department Director; or

5.

Natural or artificial water bodies, and wetlands, which may include wet detention/retention facilities which exceed seventy-five (75) percent of the total open space calculation.

C.

Types of Open Space. Open space shall include and be qualified as Common Open Space, Landscaped Open Space, Dedicated Open Space, or Recreational Open Space.

804.2.   Recreational Open Space.

A.

Intent. It is the purpose of this section to promote the development of a well-integrated open space system of bikeways, pedestrian ways and other public recreation facilities; to assure adequate maintenance of recreation open space facilities; protect and enhance the natural resources and environment; and to implement the Recreation Element and the other applicable elements of the Comprehensive Plan.

B.

Applicability. The standards of this section shall apply to all applications for proposed residential subdivisions or planned residential developments which choose to provide recreational open space as part of their open space requirements. This section shall not apply to applications for individual residential building permits, individual mobile homes or any residential care facility.

C.

Location.  

1.

Open Space. Recreational open space, when provided, shall be located within the development or on an adjoining or nearby land which can adequately serve the development, and to the extent feasible shall be closely integrated with any adjoining or nearby existing or planned public park land recreational open space.

2.

Horse Trails. Provisions for linkage of horse trails to, through and contiguous to adjacent property is encouraged to form a series of horse trails to be integrated with other existing, planned or future open space possibilities. Land used for horse trails shall be kept clean and free of obstructions to assure safe passage of horse and rider. Fencing across horse trails shall not be allowed. The minimum width of horse trails shall be ten (10) feet.

D.

Quality. Lands designated for recreational open space shall be suitable for their intended purpose, taking into consideration such factors as topography, vegetation, drainage, size, access and relationship to surrounding uses and other factors as determined by the Parks and Recreation Department.

E.

Dedication. Recreation open space may be dedicated to Manatee County for public park and recreation purposes, if the Department Director determines that the land and/or water body to be dedicated is of sufficient size and meets a public park need for the County. When land and/or the water body is dedicated in accordance with this section, the developer shall be eligible for Parks and Recreation impact fee credits in accordance with Chapter 11.

F.

Dedication Not Required. Where the residential development and recreation open space will be held under single ownership and management, such as for rental apartments; or the recreation open space will be held in common by residents through a homeowner's association, condominium association, cooperative or other legal entity, dedication will not be required with the exception of necessary lands to implement any County bikeway, equestrian trail or pedestrian-way system. When equestrian trails are not dedicated to the County, provisions for public use shall be so stated in the deed document under common open space.