1262.06  OPEN SPACES AND RECREATIONAL AREAS.
   At least twenty percent of any tract proposed for a planned unit development project shall be reserved for common open space and/or outdoor recreational areas for the residents and/or users of the area being developed.
   Each principal use in a planned unit development shall abut common open space or similar areas, and have effective access to such space. All residential uses shall have effective access to such space.
   The open space reserved under a planned unit development shall be:
   (a)   Held in corporate ownership by the owners of the project area for the use of each property owner or renter in the project; 
   (b)   Dedicated to a homeowner's association that shall have title to the property, which property shall be retained as open space for parks, recreation and related common uses; or
   (c)   Dedicated to public purposes and accepted by the City through proper planning or ordinances to build and titled in either the City Local School District or other public entity that can accept property for purposes of dedication to public purposes.
   In any of the above cases, documentation is required to show that provisions have been made for the perpetual care and maintenance of all common areas. The Planning Commission may require changes to the proposed by-laws of the homeowner's association. After adoption, such by-laws may not be changed without Planning Commission approval.
   Public utility and similar easements and rights of way are not acceptable for common open space dedication, unless such land or right of way is usable as a trail or other open space use and has been approved for open space use by the Planning Commission. 
(Ord. 125-97.  Passed 4-3-97.)