Title Transfer - Open Space Management

The developer is responsible for constructing the open space in your community. The specifications for the open space are included on the record plan and the minimum requirements for the condition of the open space are delineated in the Code. At such time that construction of the open space is completed, the developer contacts the Department of Land Use to initiate the transfer process.

Open Space Inspections

Representatives of the Department will inspect the land to determine if all requirements have been satisfied. The open space is inspected to assure accuracy of the lines and grades, confirm compliance with landscape plans, inspect the maintenance and "use" integrity of the open space, and confirm the completion of storm water management facilities. The following requirements will be checked for minimum levels of quality.

The area should be clean and contain no buried or surface debris unless shown on the record plan. If the subdivision record plan was approved prior to December 1988, “debris disposal sites” were permitted and the location was designated on the plan. Surface debris such as trash, litter, building materials, and unsightly conditions should be removed.
The land must be graded to conform to the approved lines and grades plan so as to drain well and be free of standing water. The storm water management areas must be constructed as nearly too finished condition as possible based on percent completion of the subdivision. In certain instances, natural areas are to remain untouched and could contain pockets of standing water. In other instances, wetlands may be a part of the open space, in which case, the standing water is to remain.
No standing dead trees, limbs, or branches that pose a safety hazard may remain. Wooded areas, where active recreation is not designated or likely to occur, are considered exceptions. Except along the perimeter of these wooded areas where a safety hazard may exist, the deeper wooded areas need not be clear of dead trees or limbs.
No cutting or filling around tree root zones is permitted, as it will eventually cause a stressful condition and even death to the trees. Although the trees may look good at the time of inspection, their survival rate is greatly reduced by this practice.
No manmade conditions that pose a safety hazard are permitted. If unnatural conditions are created as part of the plan, steps must be taken to alleviate the hazard. This could include, but is not limited to, the construction of new features such as fences or berms to protect open space users from abrupt drop-offs from sidewalks or steep slopes to drainage ditches.
There should be no remnants from construction material stockpiles such as stone, riprap, silt fence, and forms.
Excessive soil compaction caused by construction vehicles or material stockpiles must be alleviated.
All open space should be top soiled, where disturbed, to replicate existing undisturbed topsoil areas. It is imperative to provide a good growing medium for the turf areas.
A good stand of grass is required on all disturbed open space areas not intended to be covered by shrub or tree growth. A good quality grass seed must be used and applied at a rate specified in the Code. All seedbeds must be treated with a one-time application of fertilizer and lime as specified and at a rate specified in the Code. Certain areas are intended to be used as wildlife areas rather than mowed turf areas. These areas are planted with an approved “wildlife seed mix” as specified in the Code.
The area should be free of all unauthorized encroachments such as sheds, fences, line-defining plant material, or gardens that create a visual intrusion and prohibit the intended use of the open space.
In some cases, a particular use of the open space may be required by an authorized agency, such as a construction road. In these cases, the open space may receive conditional approval for transfer with a guarantee and surety by the developer that when the required use is no longer needed, the area will be restored as originally intended.
Some open space is intended to be an undisturbed natural area. Should this be the intent, a note on the record plan shall designate the area and restrict the developer and contractors from accessing or in any way disturbing the area. Acceptance of the natural area shall be approved if the area was untouched and the maintenance organization must accept the original condition. The only exception is if the area is disturbed or if safety precautions must be undertaken.