Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 2 – 27 Effective Date: March 6, 2018 Supp. No. 5 Article 2.5. Common Open Space Requirements | CHAPTER 2. RESIDENTIAL DISTRICTS Sec. 2.5.5. Stormwater Control Measures C. Pedestrian or multipurpose trails; D. Passive recreation areas; E. Active recreation areas, provided that impervious area is limited to no more than 25% of the total open space (active recreation areas in excess of this impervious area limit must be located outside of the required open space); F. Golf courses (excluding clubhouse areas and maintenance facilities), provided the area does not exceed 50% of the required open space and further provided that impervious area is limited to no more than 10% of the total open space; G. Water bodies, such as lakes and ponds and floodways provided the total surface area does not exceed 50% of the required open space; H. Restricted agriculture, community garden; I. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture; J. Stormwater control measures; and K. Easements for drainage, access and underground utility lines. Sec. 2.5.5. Stormwater Control Measures No more than 25% of the required common space shall be devoted singularly or col- lectively to detention ponds, sand filters and retention ponds, provided, this limita- tion shall have no application to any retention pond that meets all of the following: A. The retention pond or closely connected series of ponds is one-half acre water surface area at normal pool in size or greater; B. The retention pond is surrounded by open space; C. The retention pond is accessible to all homeowners; and D. The retention pond is an amenity complying with Sec. 7.2.6. Sec. 2.5.6. Prohibited Uses of Open Space Required open space cannot be used for the following: A. Individual wastewater disposal systems; B. Overhead electric transmission lines or high voltage electric transmission lines; and C. Streets (except for street crossings as expressly provided) and impervious parking areas. Sec. 2.5.7. Ownership and Management of Open Space A. Ownership Required open space must be owned and maintained by one of the following entities: 1. Land Conservancy or Land Trust A bona fide land conservancy or land trust with the legal authority may own the open space. The responsibility for maintaining the open space and any facilities may be borne by a land conservancy or land trust. 2. Homeowners' Association A homeowners' association representing residents of the development may own the open space. The homeowners' association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities is borne by the homeowners' association. B. Conveyance The conveyance of common open space shall be in accordance with the following: 1. Open space shall be conveyed to the land conservancy or homeowners' association in fee simple without any encumbrances except drainage, greenway and utility easements. Title to the real property shall be conveyed no later than the time of the conveyance of the first lot within the applicable phase of the development. 2. Open space shall be preserved for the perpetual benefit of the residents within the development and it shall be restricted against private or public ownership for any other purpose except acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage and greenway easements. C. Dissolution If the homeowner’s association is dissolved, the open space may be offered to another entity who shall be responsible for the maintenance and upkeep of the open space. If no other offer is accepted, the open space shall be offered to the City and if accepted, deeded to the City.