(a) Minimum Amount of Land Required. A minimum of fifty percent of the total development area in Class A Residential Planned Unit Development Districts shall be reserved as common open space.
(b) Ownership. The type of ownership of land dedicated for common open space purposes shall be selected by the owner, developer or subdivider, subject to the approval of the City Planning Commission and City Council. Type of ownership may include, but is not necessarily limited to, the following:
(1) Homeowner, condominium or cooperative associations or organizations; or
(2) Shared, undivided interest by all property owners in the subdivision.
If the open space is held in common by all of the residential planned unit development property owners, all subdivision property owners shall be jointly and severally liable for the maintenance of the open spaces. If the open space is not owned in common by all of the property owners, an agreement concerning the maintenance of open space acceptable to the Department of Law, the Planning Commission and Council must be achieved.
If such maintenance is not performed adequately , the Director of Service may, at his or her option, perform the necessary maintenance after serving a five-day notice in the same manner as set forth in Section 660.17 of the General Offenses Code. The reasonable costs thereof shall be paid to the City and if not paid such costs shall be assessed. The City is not bound by such alternative and if the owner or owners fail to comply with the requirements that the common open spaces be maintained as required, an action at law by the City may be commenced against them for the purpose of compelling compliance. If an action at law is required, at the discretion of the Mayor, reasonable attorney's fees and other costs and expenses incurred in such action by the City shall be paid by the property owners.
(c) Deed Restrictions. Deed restrictions and/or condominium development agreements are required for the maintenance of such common open space and shall be effected prior to obtaining final plat or final development approval. All deed restrictions and condominium agreements must be in a form satisfactory to the Department of Law, the Planning Commission and Council, to the end that the objects of this Zoning Code are to be secured. Without limiting the general requirements hereof, such restrictions or agreements shall specifically provide for the performance of maintenance by the Director of Service or the incurring of attorney's fees and other costs and expenses if the City elects to file an action at law or in equity to compel the performance of such maintenance.
In addition to the above, such deed restrictions shall also ensure that the following other conditions are met:
(1) The common open space area will not be further subdivided in the future;
(2) The use of the common open space will continue in perpetuity for the purpose specified; and
(3) Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.
Termination of the deed restrictions and condominium agreements will only be possible by agreement of all title interest holders and Council, provided that a satisfactory alternative method of holding open spaces in common has been provided.
(d) Criteria. Common open space shall meet the following criteria:
(1) Common open space shall be exclusive of all streets, driveways, nonrecreational buildings and individually owned land.
(2) Required yards, if not individually owned, may be considered common open space.
(3) Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pool pavilions or other recreational features, if such recreational features are approved as conditional uses. (See Section 1162.02.)
(4) Significant natural features such as tree stands, rock outcroppings, ponds, ravines and stream channels should be left in their natural state and will be considered part of the required common open space, subject to these standards.
(5) The minimization of extensive lawn areas is encouraged. Existing vegetation should be retained where suitable to maintain the natural character of the land as well as to reduce the environmental impact and the long-term maintenance costs associated with lawn areas.
(6) Storm water detention and retention areas may receive full credit towards the common open space requirement hereof if they are designed and improved for an appropriate use (such as a lake or playfield), in addition to storm water detention and/or retention. Storm water management facilities not specifically designed for recreation shall be excluded from the minimum common open space requirement.
(Ord. 96-61. Passed 4-21-97.)