The planned unit development will only be approved if the development plan contains areas to be allocated for common open space which satisfy the standards governing the usability and quality of common open space that are contained below.
(a) No open area may be accepted as common open space under the provisions of this Zoning Ordinance unless it meets the following standards:
(1) Common open space shall comprise at least 20% of the project area;
(2) The location, shape, size and character of the common open space shall be suitable for the planned unit development. Public utility and similar easements and rights-of-way for water courses and other similar channels may be acceptable for common open space provided it does not comprise more than 50% of the minimum open space total, unless the land or right-of-way is usable as a trail or similar purpose and has been approved by the Commission. Common open space shall not include private yards, required setbacks between the project boundary lines and buildings, and minimum spacing between buildings;
(3) Common open space shall be used for amenity or recreational purposes or remain undeveloped. The uses authorized for the common open space shall be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, including ages and number, topography and the number and type of dwellings or uses to be provided;
(4) Common open space shall be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space and shall conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition;
(5) The development schedule which is part of the development plan shall coordinate the improvement of the common open space, the construction of buildings, structures and improvements in the common open space and the construction of other buildings in the planned development;
(6) If the final development plan provides for buildings, structures or improvements in the common open 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 before the final plat is recorded. Upon request of the developer, the Planning Commission may delay the requirements of posting bond, the delay to be based upon the development schedule. If the developer does not complete the buildings, structures and improvements at the time set forth in the schedule, then the Commission shall require that a bond be provided for the remainder of the improvements. The Commission shall release the bond or other assurance when the buildings, structures or improvements have been completed according to the development plan; and
(7) The use and improvement of the common open space shall be planned in relation to any existing or proposed public or semi-public open space which adjoins or which is within 1,500 feet of the perimeter of the planned development.
(b) All land shown on the final development plan as common open space shall be conveyed under one of the following options:
(1) It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it; and
(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 common open space shall be conveyed to the trustees subject to covenants to be approved by the Planning Commission which restrict the common open space to the uses or extent of development specified on the final development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(c) No common open 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 use of common open space areas and all rights to enforce these covenants are expressly reserved.
(d) If the common open 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 common open 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 common open space may be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency, at its discretion, in the event of a substantial default in the stated conditions; or
(3) The covenants governing the use, improvement and maintenance of the common open space may authorize a public agency to enforce their provisions.
(e) The Chief Building Official shall not issue a building permit for any building or structure shown on the final development plan for any stage of the planned residential development unless the common open space allocated to that stage by the development schedule has been conveyed under one of the options provided in division (d) hereof.