(A) (1) Whenever the preservation of open space is required by this chapter, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the city and the land uses continue as approved in the open space development plan.
(2) The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the City Attorney, such as:
(a) Recorded deed restrictions; and/or
(b) Covenants that run perpetually with the land.
(B) Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:
(1) Indicate the proposed allowable use(s) of the dedicated open space;
(2) Demonstrate to the satisfaction of the city that dedicated open space shall be maintained;
(3) Provide standards for scheduled maintenance of the open space; and/or
(4) Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon property owners within the proposed development.
(Ord. 285, passed 12-8-2003) Penalty, see § 154.999