§ 89-40. Open space.

(a)

Applicability. This section applies to —

(1)

Any subdivision of property, except for a single-family residential subdivision of less than ten lots.

(2)

Any building permit, except for that of a single-family residential home.

(3)

In the event the planning commission finds that the interests of infill and redevelopment of areas into a more urban character, these requirements may be modified or waived.

(b)

Reservation.

(1)

Where a proposed park, playground, or other site for public use is shown on an approved plan and is located in whole or in part in a proposed subdivision, the planning and zoning commission may require the land to be reserved within the proposed subdivision.

(2)

The reservation shall continue in effect for a period of up to one year from the date of filing of the proposed subdivision plan. Additional reservation time may be provided but only upon mutual agreement of the subdivider and the appropriate governmental agency.

(3)

The reservation may be released upon written notice by the respective governmental agency.

(4)

For lands intended for reservation, the subdivider may provide alternate plans for the development lands set aside for public use by the respective governmental agency.

(5)

If the appropriate governmental agency does not initiate action toward a commitment to acquire the land held in reservation during the period of reservation (see subsection (2) above), and the reservation expires, any alternate subdivision plans for the tract become an integral part of the subdivision. When all technical requirements as found in these regulations are met, the reserved land is deemed to have obtained preliminary subdivision approval by the planning and zoning commission.

(c)

Open space requirements.

(1)

Amount required. Open space is required as a percentage of the gross developable area of a lot or lots. In the City of Lafayette, the amount of open space required depends upon the zoning district in which the property is located, as set forth in article 2. Open space requirements may vary when included as part of a Mixed-Use Center (section 89-28). In the unincorporated areas of Lafayette Parish, the amount of required open space shall be 20 percent of the gross developable area.

(2)

Design.

a.

Open space includes neither building sites for dwelling units, utility or storage purposes, vehicular parking, carports or garages, driveways, nor streets, either public or private.

b.

Open space does not include areas within required setbacks, except as allowed below.

(3)

Improvement. Open space may contain complementary structures and improvements needed and appropriate for the benefit and enjoyment of residents of the development.

(d)

Qualifying open space.

(1)

Where the zoning district or this section requires an open space allocation, the following areas count toward the total requirement at the percentage designated below:

Category	Description/Standards	Percentage
Landscaping
Frontage Landscaping	Frontage landscaping as required by 89-36.	Up to 40%
Low Impact Landscaping	Low-impact stormwater management features and existing tree clusters (↔ § 89-36), including green infrastructure (↔ §89-39(g)).	Up to 75%
Parking Lot Landscaping	•Interior landscaping as required by § 89-36.	Up to 40%
	• Low-impact stormwater management features and existing tree clusters (↔ § 89-36), including green infrastructure (↔ §89-39(g)).	Up to 75%
Wetlands	Natural wetlands reasonably visible from walkways provided in and through the wetland.	Up to 40%
Other	Areas landscaped with plants that do not otherwise qualify as landscaping under the foregoing categories	Up to 50%
Common Open Space- unless otherwise provided in the rules for a Mixed Use Center, the following categories qualify for a 1.5 multiplier (e.g., one acre of Common Open Space results in 1.5 acres of credit towards the Open Space requirement for the district)
Natural Area	Areas established for the protection of natural attributes of local, regional, and statewide significance, which may be used in a sustainable manner for scientific research, education, aesthetic enjoyment, and appropriate use not detrimental to the primary purpose (other than wetlands as provided above). These areas are resource rather than user-based, but may provide some passive recreational activities such as hiking, nature study, and picnicking. Natural Areas may include -	Up to 75%
	• Floodplains;
	• Natural wetlands reasonably visible from walkways provided in and through the wetland
Greenway	A series of connected natural areas (including areas protected by state or federal law) such as ravines, creeks, streams, ii woodlands, floodplains, or protected tree canopy that connect buildings or gathering spaces with trail systems, or that buffer the site from streets or neighboring areas.	Up to 75%
Agricultural Preserve	An area designated for active farming in the form of crop cultivation, the keeping of livestock, or equestrian facilities. Agricultural Preserves protect areas of agricultural and rural heritage and promote compatible active agricultural operations.	Up to 75%
Community Garden	A site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or M.A other ornamental foliage for personal use, consumption, donation or off site sale of items grown on the sit	Up to 75%
Parks	Open space areas improved with playground equipment or other active open space improvements. These may be surrounded by street frontages and building frontages, but this is not required.	100%
Recreation areas	Hard surface recreation areas such as recreational courts and pedestrian plazas.	Up to 70%
Wet areas	Unpaved lakes, ponds, bayous, streams, or creeks where at least 20% percent of the abutting shoreline is accessible for the common use of the development. The accessible shoreline must have at least 300 feet of frontage on a street.	Up to 75%
School sites	School sites, library sites, outside hard surface recreational areas excluding the area devoted to buildings.	Up to 75%
Rotary or Circle	An existing building or buildings that have historical or cultural significance may be located in a common open space and open to the public.	Up to 50%
Civic Space- unless otherwise provided in the rules for a Mixed Use Center, the following categories qualify for a 1.5 multiplier (e.g., one acre of Civic Space results in 1.5 acres of credit towards the Open Space requirement for the district)
Plaza	An open area with seating that is adjacent to, or part of, a building. A Plaza may be combined with the Courtyard frontage type. Plazas function as gathering places and may incorporate a variety of non-permanent activities such as vendors and display stands. A plaza requires a minimum depth and width of 10 feet and a minimum total area of 300 square feet.	Up to 75%
Square	Areas that are improved with a combination of lawn, landscaping and seating areas, and that are accessible to the public or the project's tenants or customers. A Square shall be:	Up to 75%
	• bounded by streets on at least one side and pedestrian walkways on at least 2 sides, or
	• not bounded by streets, but accessible to the public
Courtyard	A courtyard is a contiguous open area, open to the public, that -	Up to 75%
	• is surrounded on at least two sides by building walls with entryways.
	• is at grade.
Pedestrian Pathways	Protected customer walkways or easily identifiable building pass-throughs that contain window displays and are intended for general public access.	Up to 50%
Green	A common open space available for unstructured recreation, its landscaping consisting of grassy areas, trees, shrubs, and other landscaping.	Up to 75%
Sidewalks	A component of the public frontage with a continuous, unobstructed, accessible, paved area dedicated to pedestrian movement along the private frontage, built in accordance with section 89-44(e) and dedicated to public use.	Up to 40%
Stormwater Management
Stormwater Detention Basins	Stormwater detention basin/pond, for which a perpetual Private Maintenance Agreement is provided to the Department of Public Works (↔ § 89-40(d)(2)).	Up to 40%
	Additional credits may be added to the stormwater management percentage if:
	• At least three types of plants set forth in Table 89-155-4 are planted along at least twenty (20%) percent of the perimeter of the basin/pond	5%
	• Basin/pond holds water at a minimum depth of eighteen (18") inches. If the basin/pond has a depth of greater than four (4') feet, a safety shelf shall be required. The safety shelf shall be at a 2' water depth and shall have a minimum length of six (6') feet	10%
	• Basins/ponds are constructed in a series, with discharge from one basin/pond to another	5%
	• The basin/pond is designed as an amenity based on the criteria set forth below	Up to an additional 15%
	• Aeration feature (e.g., a fountain or other water feature) suitable for such basin/pond, as determined by the Director of the Department of Public Works or his/her designee	up to 4%
	• Walking trail constructed around at least fifty (50%) percent of basin/pond shoreline	up to 3%
	• Permanent installation of at least three of the following along shoreline: benches, tables, chairs and trash cans	up to 1%
	• Permanent installation of pier or bridge or pier over the basin/pond, extending at least eight (8') feet over the shoreline	up to 3%
	• Basin/pond is stocked with non-invasive fish species in accordance with guidelines established by the Department of Public Works	up to 2%
	• At least twenty (20%) of shoreline is accessible to the public, or, in the case of a residential subdivision, to residents thereof, and has at least one hundred (100') feet of street frontage	up to 2%

 

(2)

Open space does not include:

a.

Vehicle use areas.

b.

Any noncontiguous green area of less than 100 square feet.

c.

Unless expressly allowed by this section, required elements, such as:

1.

Driveways;

2.

Utilities with above ground improvements or road servitudes;

3.

Paved coulees or creeks.

d.

Structures (unless a part of a common open space such as gazebos);

e.

Required unimproved drainage ditches or canals; and

f.

Areas reserved for the exclusive use and benefit of an individual tenant or owner.

(3)

The required private maintenance agreement referenced in subsection 89-40(d)(1) shall provide for the perpetual maintenance and upkeep of open space in a form approved by the environmental quality section of the department of public works. A form private maintenance agreement is available from the environmental quality section.

(e)

Ownership and maintenance of common open space.

(1)

Unless otherwise open to the public, common open space shall be permanently set aside for the sole benefit, use, and enjoyment of present and future occupants of the development through covenant, deed restriction, common open space servitude, or similar legal instrument. If agreed to by the LCG, the common open space may be conveyed to LCG for general public use.

(2)

Common open space shall be protected against building development and environmental damage by conveying to LCG, association, or land trust a common open space servitude restricting the area in perpetuity against any future building and against the removal of soil, trees and other natural features.

(3)

If land shown on a preliminary plat as common open space is dedicated to LCG, LCG may, but is not required to, accept the common open space if:

a.

The land is accessible to the residents of the parish;

b.

There is no cost of acquisition other than the costs incidental to the transfer of ownership; and

c.

LCG agrees to and has access to maintain the lands.

(4)

The developer shall provide for and establish an organization for ownership and maintenance of the common open space for the benefit of residences, occupants and owners of the development.

(5)

The organization shall not be dissolved and shall not dispose of the common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of the development. The organization shall not be dissolved or dispose of the common space without first offering to dedicate it to the city or other appropriate governmental unit.

(f)

Cross-access credit. In order to encourage cross-access between lots, for each cross-access point provided to an adjoining lot, the open space requirement for that development shall be reduced by one percentage point, up to a maximum total credit of three percentage points. For example, in a district with a 20 percent open space requirement, providing two such cross-access points reduces the open space requirement to 18 percent.

(g)

Joint-access credit. In order to encourage joint-access, when a development provides joint-access with an adjoining lot along the same public street, the open space requirement for that development shall be reduced by one percentage point. For example, in a district with a 20 percent open space requirement, providing joint-access reduces the open space requirement to 19 percent.

(Ord. No. O-180-2015, § 4, 8-18-15; Ord. No. O-055-2016, § 2, 3-22-16; Ord. No. O-156-2016, § 4, 8-23-16; Ord. No. O-112-2017, § 2(v)—(x), 6-20-17; Ord. No. O-093-2018, § 38, 6-19-18)