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Section 1207.05    Open Space

  1. Purpose
    These regulations are intended to provide park and recreation facilities for the
    community, provide passive and active recreation opportunities, and to preserve open
    space and sensitive natural areas.

  2. Applicability
    1. All plans for residential subdivisions of land or residential land development
      shall provide for private and public open space as provided in this Section.

    2. Exemptions: The following residential subdivisions and developments shall
      be exempt from the public open space dedication and private open space
      requirements set forth in the zone district regulations and this section:
      1. Residential subdivisions or developments of less than 5 residential
        units or lots subdivided or developed within any five (5) year period;
      2. Residential development or subdivisions in District 5 (Village Core)
        consisting of 10 or less dwelling units or lots.

  3. Locational Criteria
    1. All dedications of land for public parks and open space and all set-asides for
      private open space shall be consistent with the criteria and guidelines set
      forth in the following:
      1. The City of Hudson Comprehensive Plan,
      2. The Index of Ecological Integrity Report (ACRT, Inc. 1996); and
      3. Parks and Recreation Plans and policies adopted by the City of

    2. Where significant natural and scenic resource assets exist on the property, the
      Planning Commission shall, to the maximum extent feasible, give priority to
      their preservation through the park and open space dedication requirements
      or set aside requirements set forth in the applicable zone district regulations.
      The Planning Commission shall use the Index of Ecological Integrity Report
      (ACRT, Inc., 1996) and other applicable plans and reports, and may also
      seek the recommendation of the Park Board, to determine whether significant
      natural resources exist on a proposed site that should be protected through the
      dedication and set-aside requirements, with priority being given to the
      following sensitive areas (which are not listed in any particular priority
      1. Riparian Corridors
      2. Wetlands
      3. Floodplains
      4. Aquifer Recharge Areas
      5. Wildlife Migration Corridors
      6. Endangered Wildlife/ Plant Habitat Areas
      7. Extensive Tree Canopy Areas
      8. Scenic View Areas
      9. Agricultural Land
      10. Old Growth Forest

    3. Dedications for public open space and parks shall be at locations deemed
      appropriate by the Planning Commission, with advice from the Park Board.
      If a specific site has been designated on any applicable park or open space
      plan for future park, open space, or trail purposes, the preliminary or final
      subdivision plan shall show the dedications of land in a location that
      corresponds to the plan designation.

    4. The following shall not be counted towards public park and open space
      dedication and private open space set aside requirements:
      1. Private yards;
      2. Street rights-of-way;
      3. Open parking areas and driveways for dwellings;
      4. Land covered by structures; and
      5. Detention/ retention ponds, except that detention or retention areas
        and storm water management structures or facilities may be included
        in calculating the amount of open space required provided that such
        areas or facilities are accessible and usable as community amenities
        by the public or the residents of the development (e.g., picnic areas,
        playgrounds, ponds for fishing and /or boating, etc.).

  4. Amount of Public Open Space Dedication
    1. For final subdivision plats or plans, dedication of usable public open space,
      including parks and multi-purpose trails, shall be made in an amount roughly
      proportional to the need or demand generated by the proposed development.
      The following minimum standards shall apply unless the applicant
      demonstrates that the demand created by the development is less than such
      requirements due to unique factors such as the age of the occupants of the
      development or uses proposed:
      1. 10 acres of community park land per 1,000 residents of a
        development or proportional fraction thereof;
      2. 6 acres of passive open space per 1,000 residents of a development or
        proportional fraction thereof; and
      3. 3 acres of neighborhood parks per 1,000 residents of a development
        or proportional fraction thereof.

    2. Land dedicated for multi-purpose trails to satisfy these requirements in whole
      or in part shall be in accord with the park plan contained in the City of
      Hudson Comprehensive Plan or other subsequently adopted neighborhood or
      city wide comprehensive plans.

    3. For purposes of this subsection, a housing unit shall be assumed to contain
      3.1 persons per single-family residence or 1.8 persons per multi-family

  5. Payment of Funds-In-Lieu of Park and Open Space Dedication
    1. The Planning Commission may allow the developer to contribute funds inlieu
      of land dedication at its sole discretion.

    2. For purposes of determining the value of land for fees contributed in-lieu of
      dedication, the value shall be based upon the fair market value per acre of the
      entire land being subdivided multiplied by the total acreage of land
      dedication required by this Code. Such value shall be determined as of the
      date of the filing of the subdivision or development plan with the Planning

  6. Parkland and Open Space Acquisition Fund
    All fees paid by the developer in lieu of dedication of public park and open space
    land shall be paid to the City of Hudson and upon receipt shall be deposited in a
    separate interest bearing account kept specifically for public park and open space
    funding purposes.

  7. Amount of Set-Asides for Private Open Space
    The amount of land required to be set-aside to provide private open space for the use
    and enjoyment of a development's residents as set forth in Chapter 1205 of this Code
    for each of the zone districts.

  8. General Design Criteria
    Land set aside for public and private park and open space uses shall meet the
    following design criteria, as relevant:
    1. The park and open space land shall be reasonably located to serve all of the
      residents of the subdivision or land development.

    2. The park and open space land shall be compact and contiguous unless the
      land shall be used as a continuation of an existing trail or linear park or
      specific topographic features require a different configuration. An example
      of such topographic features would be the provision of open space along a
      scenic creek.

    3. At the discretion of the Planning Commission, when the park and open space
      land required to be dedicated or set aside is less than 3 acres in size, the park
      and open space land may be located at a suitable place on the periphery of the
      subdivision or land development so a more usable tract will result when
      additional park and open space land is obtained or set aside when adjacent
      land is developed.

    4. When public park and open space land exists adjacent to the tract to be
      subdivided or developed, the park and open space land shall, to the maximum
      extent feasible, be located to adjoin and enlarge the presently existing park
      and open space land.

    5. If the developer is planning to construct recreational facilities on the
      dedicated or set-aside property as an amenity for the residents of the
      development, such recreational facilities shall be constructed in accordance
      with current recommendations of the National Recreation and Parks

  9. Trails and Linear Parks
    The Planning Commission may require as a condition of final subdivision plat
    approval the dedication and improvement of multi-purpose trails and linear parks,
    which shall be credited toward all applicable public park and open space land
    dedication requirements, provided that such trails and linear parks meet the following
    1. Dedications of land shall be a minimum width of 18 feet; and

    2. The multi-purpose trail or linear park shall conform to any Park and
      Recreation Plan adopted by the City of Hudson, if applicable.

  10. Provisions for Ownership
    The Planning Commission, with advice from the Park Board, will review and
    recommend the form of ownership being proposed. All park and open space land
    shall be utilized only for non-commercial passive or active recreation or for
    conservation purposes, shall be permanently reserved as open space in a manner
    satisfactory to the City and at no cost to the City, and shall be either:
    1. Dedicated to a public entity, subject to the entity's acceptance; or

    2. Owned jointly or in common by the owners; or

    3. Owned by a non-profit land trust or similar organization approved by the
      City, such as the Hudson Land Conservancy.

  11. Maintenance
    The owner of the development property will be responsible for maintenance of all
    open space and parks, unless dedicated to a public entity. A homeowner association
    may be established for the purpose of permanently maintaining all open space and
    non-commercial recreation facilities. Such homeowner association agreements,
    guaranteeing continuing maintenance, and giving lien to the City in the event of lack
    of such maintenance, shall be submitted to the Planning Commission for approval
    prior to the issuance of any final subdivision plat approvals or other development
    approvals. See also Section 1208.13, "Homeowner Associations."