(a) Legal Instruments. Single family cluster developments shall receive approval subject to submission, prior to final subdivision approval, of legal instruments setting forth a plan or manner of permanent care and maintenance of common open spaces and recreation facilities. Approval by the Law Director of such instruments shall be based on the following standards:
(1) The instruments shall guarantee that open space as shown on the final development plan will remain as such. The Planning Commission may require that all development rights to the open space be deeded to the City or such other appropriate public body, or that permanent restrictive covenants be attached to the open space.
(2) Common open space and recreation facilities shall be deeded to a homeowners association, funded community trust or any similar entity as approved by the Law Director. If a private entity is to hold title to common open space and recreation facilities, such entity shall not be dissolved nor shall it dispose of any common open space or recreation facility without first offering to dedicate the same to the City. Membership in a homeowners association shall be mandatory of all property owners with the single family cluster development.
(3) Such instruments shall convey to the City and other appropriate governmental bodies the right of entrance to the common open space and recreation facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public interest. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as a lien against the property. Advance notice is not necessary for emergency entrance onto such common area and facilities.
(b) Phasing. When the single family cluster development is improved in phases, common open space in each phase shall equal the minimum percentage required for the entire development by Section 1284.04(a)(3). Where common open space is not provided in proportionate amounts for each phase, the Planning Commission may specify an appropriate financial guarantee in the conditional zoning certificate. Open space improvements in a particular shall be constructed at the same time as the other public improvements for that same phase, unless otherwise approved by the Planning Commission.
(c) Parkland and Open Space Dedication. Open space gained through clustering as required by this chapter shall be separate from the open space required by Chapter 1232 "Parkland and Open Space Dedication". The open space required by Chapter 1284 may be credited towards the fulfillment of the requirements of Chapter 1232, subject to the following:
(3) Single family cluster subdivisions shall not be eligible for the lot size and frontage reductions in Section 1232.14.
(4) Open space in a single family cluster development in excess of the 30 per cent minimum may be considered for dedication to the City according to the procedures and criteria in Section 1232.11.