The Planned Unit Development will only be approved if the PUD development plan contains areas to be allocated for green space and recreational space which satisfies the standards governing the usability and quality of such common spaces that are contained below:
(a) No open area may be accepted as green space and recreational space under the provisions of this Zoning Code unless it meets the following standards:
(1) The location, shape, size and character of the green spaces and recreational spaces shall be suitable for the Planned Unit Development.
(b) Recreational space shall be land that is designed for active recreational uses such as tennis cours, playgrounds, hike and bike trails, and swimming pools and shall comprise at least five percent (5%) of the total project area. The uses authorized for the recreational space shall be appropriate to the scale and character of the Planned Unit Development, considering the size, density, expected population, including ages and number, topography and the number and types of dwellings or uses to be provided. If the underlying zoning district is Mixed Use Business, the more restrictive open space requirements set forth in this Section shall apply.
(c) In addition to the recreational space, a minimum of ten percent (10%) of the total project area shall be dedicated as green space. Such green space shall be suitably improved for its intended use, but any green space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the green space shall be appropriate to the uses which are authorized for the green space and shall conserve and enhance the amenities of the green space, having regard to its topography and unimproved condition. If the underlying zoning district is Mixed Use Business, the more restrictive open space requirements set forth in this Section shall apply.
(d) If the final development plan provides for buildings, structures or improvements in the green space and recreational space, the developer shall provide a bond of 100% of the City Engineer's estimate of the cost of those improvements so that the buildings, structures and improvements will be completed. The Planning and Zoning Commission shall release the bond or other assurance when the buildings, structures or improvements have been completed according to the development plan.
(e) All land shown on the final development plan as green space and recreational space shall be conveyed under one of the following options:
(1) It may be conveyed to a public agency that will agree to maintain the green space and recreational space and any buildings, structures or improvements that have been placed on it.
(2) It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned residential development. The green space and recreational space shall be conveyed to the trustees subject to covenants to be approved by the Planning and Zoning Commission which restrict the green space and recreational space to the uses or extent of development specified on the final development plan and which provide for the maintenance of the green space and recreational space in a manner which assures its continuing use for its intended purpose.
(f) No green space and recreational space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use. However, no change of use so authorized may be considered as a waiver of any of the covenants limiting the uses of green space and recreational space and all rights to enforce these covenants are expressly reserved.
(g) If the green space and recreational space is not conveyed to a public agency, either one of the following methods of enforcement may be provided.
(1) The legal right to develop the green space and recreational space for those uses not specified in the final development plan may be conveyed to a public agency.
(2) The restrictions governing the use, improvement and maintenance of the green space and recreational space may be stated as conditions to the conveyance of the green space and recreational space, the fee title to the green space and recreational space to vest in a public agency, at its discretion, in the event of a substantial default in the stated conditions.
(3) The covenants governing the use, improvement or maintenance of the green space and recreational space may authorize a public agency to enforce their provisions.
(h) The Zoning Inspector shall not approve the zoning compliance on the building permit for any building or structure shown on the final development plan for any stage of the Planned Unit Development unless the green space and recreational space allocated to that stage have been conveyed under one of the options provide in division (e) of this section.
(Ord. 2009-09. Passed 5-11-09; Ord. 2023-06. Passed 5-1-23.)