(A) Open space preservation and protection. All open space areas provided in a cluster subdivision shall be identified as a “lot” and shall be identified as permanently restricted from any future development by a plat note, conservation easement or other method of long-term protection and preservation acceptable to the Town Council. Open space protection and preservation methods shall be approved by the Town Council and recorded concurrent with the recording of the final subdivision plat. All conservation easements shall comply with the Utah Conservation Easement Act, as set forth in UCA §§ 57-18 et seq., as amended.
(B) Ownership of open space. The ownership of any open space areas shall be in a single ownership and may be owned and maintained by one of the following entities: homeowners’ association, land trust, conservation organization, governmental agency or private individual, as approved by the Town Council.
(C) Maintenance of open space.
(1) The responsibility and cost of maintaining open space shall be borne by the fee owner of the open space area unless otherwise agreed to by the Town Council. All preliminary and final subdivision applications proposing a cluster subdivision shall provide an open space ownership and maintenance plan addressing the proposed ownership and permanent maintenance of the open space area within the cluster subdivision. The open space ownership and maintenance plan shall be approved by the Town Council prior to or concurrent with final subdivision application approval by the Town Council.
(2) Any amendments to an approved open space ownership and maintenance plan shall be approved by the Town Council.
(Ord. 49, passed 3-5-2003; Ord. 49A, passed 3-3-2004; Ord. 58, passed 5-8-2008, § 1000-7)