A. Plans Submitted: The developer of a cluster subdivision shall submit plans of landscaping and improvements for the common open space. The developer shall also explain the intended use of the open space and provide detailed provisions of how the subdivision must meet the requirements of the zoning ordinance, must assure proper use, construction and maintenance of open space facilities and must result in a development superior to conventional development in terms of its benefit to future residents of the subdivision, surrounding residents and the general public.
B. Additional Conditions May Be Placed: The planning and zoning commission may place whatever additional conditions and/or restrictions it may deem necessary to ensure development and maintenance of the desired residential character, including plans for disposition or reuse of property if the open space is not maintained in the manner agreed upon or is abandoned by the owners. Where the intent of the general plan and city ordinances is being met to the fullest extent, additional lots may be approved by the planning and zoning commission and city council.
1. In the event the association does not maintain the common open space and improvements as proposed and indicated at the time of subdivision, the city may at its option, do or contract to have done the required maintenance and recover the costs incident thereto by means of a lien against the involved properties of the members of the association.
2. Garland City shall have the right, but not the duty, to require, and if necessary, perform, at the association's expense, landscaping, maintenance, and snow removal within the common areas if the association fails adequately to perform such. In the event Garland City exercises this right, the city shall be entitled to recover any associated costs and attorney fees. This section shall not be amended or deleted without the approval of Garland City.
3. Garland City has the right, but not the duty to form, under state statutes, a special service district (SSD) for the purpose of ongoing maintenance or a special improvement district (SID) for the purpose of making needed improvements within the project. The city may take this action when either asked to take over improvements or maintenance tasks by the homeowners' association, or by an owner. The city council may also take one or both of these actions when it determines the need based on a historical pattern of a lack of care and maintenance.
C. Areas Not Considered Open Space: Parking areas, any lot; retention basins; roads/streets and associated rights of way shall not be considered open space. For the purpose of this section open space shall not be considered lands used for schools, churches, public facilities or other similar encumbered uses. Some public facilities included in public parks dedicated by the developer may be eligible as open space controlled by the community.
D. Small Cluster Subdivisions: A small cluster subdivision with a small parcel for the sole purpose of providing detention or total retention shall not be considered open space. However, these small areas need to be maintained as landscaped areas or lined with weed barrier overlaid by rock of some other landscaping material. Detention pond areas situated within a larger proposed private or public park area where the detention area is only used to provide storage for storm flows generated from 10-year frequency storms may be considered as part of the open space areas calculated for the development. In this instance, storm flows generated from storms which are less intense than a 10-year frequency storm must be bypassed through the pipe system without flowing in and through the pond.
E. Required: There shall be permanently reserved within the subdivision for recreation and/or open space, parcels of land whose total area is not less than the amount by which the areas of residential lots are reduced below the minimum area normally required in the zone in which the cluster subdivision is located.
F. Open Space Network Connection: Open space within a cluster subdivision shall be designed and laid out as part of a larger continuous and integrated open space system to ensure that an interconnected network of open space will be provided throughout the city in hopes of supporting a network of connecting trails as defined in the city general plan.
G. Pedestrian Access: Developer shall provide adequate pedestrian access to open space land which is open to public or resident use. (Ord. 09-03, 5-19-2009)