Common use of Active Open Space Clause in Contracts

Active Open Space. Open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open space shall be devoted to landscaping, planting, patios, walkways, recreational areas and facilities, and preservation of natural features, Recreational Amenities or structures and their Accessory Uses located in common recreation areas shall be considered open space as long as total impervious surfaces, including paving and roofs, constitute no more than five percent (5%) of the total open space. As described in the Final Development Plan, active open space areas (“Active Open Space”) are planned throughout the Project and are to be located within the FDP Properties as depicted on the Open Space Plan. These areas shall include the public and private, paved and unpaved, non- motorized, multi-use recreational trails connecting the Project to Town and surrounding properties. All Active Open Space shall remain open and undeveloped, except for the recreational trails, buried utility systems, and other ancillary structures as may be constructed on or installed within Active Open Space areas in accordance with the Final Development Plan. Except as set forth below, the Public Active Open Space is to be public, as depicted on the Final Open Space and Trails Plan, and shall be dedicated to the Town for public use at the time of final subdivision platting of the portion or portions of the FDP Properties containing such Public Active Open Space. The Town shall accept and thereafter own, operate, and maintain the Public Active Open Space for the benefit of the Town’s citizens and guests as further provided below. Private Active Open Space shall be developed and conveyed to the Master Owners Association or the District for the benefit of a specific neighborhood or portion of the Project. The Town shall not be responsible for the maintenance of Private Active Open Space, but the Town will include Private Active Open Space in calculating overall community open space requirements for the Project. In consideration of JAC’s conveyances of the Public Active Open Space, designation of Private Active Open Space and construction of Public Improvements in the Active Open Space, all in accordance with the terms of this Section, no additional public open space dedications or payments in lieu thereof, of any kind, type or sort, shall be required with respect to any portion of the Project. Without limiting the generality of the foregoing, individual subdivision submissions to the Town will not be required to independently satisfy the five percent (5%) public open space requirement of Town Code Section 8-3-10-B (or payment in lieu thereof under Town Code Section 8-3-10-D) at the time of their approval or meet any other dedication or cash-in-lieu requirements that the Town may in the future impose.

Active Open Space. Open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open Open space shall be devoted to landscaping, planting, patios, walkways, recreational areas and facilities, and preservation of natural features, Recreational Amenities or structures and their Accessory Uses located in common recreation areas shall be considered open space as long as total impervious surfaces, including paving and roofs, constitute no more than five percent (5%) of the total open space. Use of impervious pavers in natural open space areas is discouraged and the area of any impervious areas within such natural open space areas shall not count toward satisfaction of open space requirements. Notwithstanding the foregoing, the area of impervious surfaces included in open space consisting of plaza improvements shall not be subject to the limitation on total impervious surfaces described above, and shall not be deducted from the total open space area calculations. As described in the Final Development Plan, active open space areas (“Active Open Space”) are planned throughout the Project and are to be located within the FDP Properties as depicted on the Open Space Plan. These areas shall include the public and private, paved and unpaved, non- non-motorized, multi-use recreational trails connecting the Project to Town and surrounding properties. All Active Open Space shall remain open and undeveloped, except for the recreational trails, buried utility systems, and other ancillary structures as may be constructed on or installed within Active Open Space areas in accordance with the Final Development Plan. Except as set forth below, the Public Active Open Space is to be public, as depicted on the Final Open Space and Trails Plan, and shall be dedicated to the Town for public use at the time of final subdivision platting of the portion or portions of the FDP Properties containing such Public Active Open Space. The Town shall accept and thereafter own, operate, and maintain the Public Active Open Space for the benefit of the Town’s citizens and guests as further provided below. Private Active Open Space shall be developed and conveyed to the Master Owners Association or the District one or more Districts for the benefit of a specific neighborhood or portion of the Project. The Town shall not be responsible for the maintenance of Private Active Open Space, but the Town will include Private Active Open Space in calculating overall community open space requirements for the Project. In consideration of JAC’s conveyances of the Public Active Open Space, designation of Private Active Open Space and construction of Public Improvements in the Active Open Space, all in accordance with the terms of this Section, no additional public open space dedications or payments in lieu thereof, of any kind, type or sort, shall be required with respect to any portion of the Project. Without limiting the generality of the foregoing, individual subdivision submissions to the Town will not be required to independently satisfy the five percent (5%) public open space requirement of Town Code Section 8-3-10-B (or payment in lieu thereof under Town Code Section 8-3-10-D) at the time of their approval or meet any other dedication or cash-in-lieu requirements that the Town may in the future impose.impose.‌

Active Open Space. Open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open Open space shall be devoted to landscaping, planting, patios, walkways, recreational areas and facilities, and preservation of natural features, Recreational Amenities or structures and their Accessory Uses located in common recreation areas shall be considered open space as long as total impervious surfaces, including paving and roofs, constitute no more than five percent (5%) of the total open space. Use of impervious pavers in natural open space areas is discouraged and the area of any impervious areas within such natural open space areas shall not count toward satisfaction of open space requirements. Notwithstanding the foregoing, the area of impervious surfaces included in open space consisting of plaza improvements shall not be subject to the limitation on total impervious surfaces described above, and shall not be deducted from the total open space area calculations. As described in the Final Development Plan, active open space areas (“Active Open Space”) are planned throughout the Project and are to be located within the FDP Properties as depicted on the Open Space Plan. These areas shall include the public and private, paved and unpaved, non- non-motorized, multi-use recreational trails connecting the Project to Town and surrounding properties. All Active Open Space shall remain open and undeveloped, except for the recreational trails, buried utility systems, and other ancillary structures as may be constructed on or installed within Active Open Space areas in accordance with the Final Development Plan. Except as set forth below, the Public Active Open Space is to be public, as depicted on the Final Open Space and Trails Plan, and shall be dedicated to the Town for public use at the time of final subdivision platting of the portion or portions of the FDP Properties containing such Public Active Open Space. The Town shall accept and thereafter own, operate, and maintain the Public Active Open Space for the benefit of the Town’s citizens and guests as further provided below. Private Active Open Space shall be developed and conveyed to the Master Owners Association or the District one or more Districts for the benefit of a specific neighborhood or portion of the Project. The Town shall not be responsible for the maintenance of Private Active Open Space, but the Town will include Private Active Open Space in calculating overall community open space requirements for the Project. In consideration of JAC’s conveyances of the Public Active Open Space, designation of Private Active Open Space and construction of Public Improvements in the Active Open Space, all in accordance with the terms of this Section, no additional public open space dedications or payments in lieu thereof, of any kind, type or sort, shall be required with respect to any portion of the Project. Without limiting the generality of the foregoing, individual subdivision submissions to the Town will not be required to independently satisfy the five percent (5%) public open space requirement of Town Code Section 8-3-10-B (or payment in lieu thereof under Town Code Section 8-3-10-D) at the time of their approval or meet any other dedication or cash-in-lieu requirements that the Town may in the future impose.

Active Open Space. Open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open Open space shall be devoted to landscaping, planting, patios, walkways, recreational areas and facilities, and preservation of natural features, Recreational Amenities or structures and their Accessory Uses located in common recreation areas shall be considered open space as long as total impervious surfaces, including paving and roofs, constitute no more than five percent (5%) of the total open space. Use of impervious pavers in natural open space areas is discouraged and the area of any impervious areas within such natural open space areas shall not count toward satisfaction of open space requirements. Notwithstanding the foregoing, the area of impervious surfaces included in open space consisting of plaza improvements shall not be subject to the limitation on total impervious surfaces described above, and shall not be deducted from the total open space area calculations. As described in the Final Development Plan, active open space areas (“Active Open Space”) are planned throughout the Project and are to be located within the FDP Properties as depicted on the Open Space Plan. These areas shall include the public and private, paved and unpaved, non- non-motorized, multi-use recreational trails connecting the Project to Town and surrounding properties. All Active Open Space shall remain open and undeveloped, except for the recreational trails, buried utility systems, and other ancillary structures as may be constructed on or installed within Active Open Space areas in accordance with the Final Development Plan. Except as set forth below, the Public Active Open Space is to be public, as depicted on the Final Open Space and Trails Plan, and shall be dedicated to the Town for public use at the time of final subdivision platting of the portion or portions of the FDP Properties containing such Public Active Open Space. The Town shall accept and thereafter own, operate, and maintain the Public Active Open Space for the benefit of the Town’s citizens and guests as further provided below. Private Active Open Space shall be developed and conveyed to the Master Owners Association or the District one or more Districts for the benefit of a specific neighborhood or portion of the Project. The Town shall not be responsible for the maintenance of Private Active Open Space, but the Town will include Private Active Open Space in calculating overall community open space requirements for the Project. In consideration of JAC’s conveyances of the Public Active Open Space, designation of Private Active Open Space and construction of Public Improvements in the Active Open Space, all in accordance with the terms of this Section, no additional public open space dedications or payments in lieu thereof, of any kind, type or sort, shall be required with respect to any portion of the Project. Without limiting the generality of the foregoing, individual subdivision submissions to the Town will not be required to independently satisfy the five percent (5%) public open space requirement of Town Code Section 8-3-10-B (or payment in lieu lieu‌ thereof under Town Code Section 8-3-10-D) at the time of their approval or meet any other dedication or cash-in-lieu requirements that the Town may in the future impose.