§ 17.20.170. Usable open space.

A.

The part or parts of land or structure within a PUD which are reserved for permanent active or passive recreation use. This space shall exclude parking areas but include required setbacks, waterways, walkways, and be open and unobstructed to the sky. Trees, plantings, arbors, flagpoles, sculpture, fountains, swimming pools, atriums, open-air recreational facilities and similar objects shall not be considered "obstruction."

B.

In all PUD's that are new construction, at least ten percent of the land shall be set aside as permanent usable open space, for the use of the PUD residents, or for all PUD users, or for the community. The required open space shall, at the opinion of the council, be conveyed to the conservation commission or to a nonprofit conservation organization, or to a corporation or trust representing persons responsible for the PUD and shall be protected by a conservation restriction as required by Chapter 40A, Section 9, General Laws, for common open space in cluster developments. A covenant shall be placed on the land such that no part of the PUD can be built, sold or occupied until such time as a satisfactory written agreement has been executed for protection of the open space.

C.

Open space requirements do not apply for PUD use projects which are expansions of existing buildings or are major internal renovations. It shall be the objective of this title in cases where private open space has been traditionally utilized by the public and where the public has been allowed to use the area as open space by the owner or owners of the building, that open space should not be included as part of the building expansion and is subject under this section of the bylaw. This section shall not apply to playgrounds so called.

(C.O.83-508B § 4; C.O. 83-3 § 17-5(X)(10)(b))