(a) A minimum of thirty percent (30%) of the gross land area developed in any planned unit development project shall be reserved for common open space and/or recreational facilities. Such common open space shall be:
(1) Dedicated to a homeowner's association who shall have title to the land which shall be retained as common open space. The legal articles relating to the organization of the homeowner's association shall be subject to review and approval by the Planning and Zoning Commission and shall provide adequate provisions for the perpetual care and maintenance of all such common areas; or,
(2) Dedicated to the City for parks, open space, or the site of schools or other related public facilities. All land so dedicated to the City shall be subject to the review and approval of the Planning and Zoning Commission; or,
(3) Some combination of subsection (a)(1) and (2).
(4) Preserved as permanent open space under a perpetual conservation easement. In such case, the terms of the easement and provisions for maintenance shall be subject to review and approval by the Planning and Zoning Commission.
(b) Public utility and similar easements and rights-of-way for watercourses or other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a bikeway, trail or similar facility and has been approved by the Commission.
(Ord. 02-13-2023. Passed 2-21-23.)