(a) A minimum of twenty percent of the land developed in any planned unit development project shall be reserved for common open space and recreational facilities. Land located within any floodway shall not be considered as any part of the twenty percent open space. Land encumbered by public utility lines shall not account for more than twenty-five percent of the open space.
(b) The required amount of common open space land reserved under planned unit development shall either be held in corporate ownership by owners of the project area for the use of property owners within the development or be dedicated to the City and retained as common open space for parks, recreation, and related uses. All land dedicated to the City shall comply with the Planning Commission's requirements as to size, shape, and location. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication to the City unless such land or right-of-way is usable as a recreation trail and paved by the developer, or for similar purpose and approved by the Planning Commission. The responsibility for the maintenance of all open spaces, including those dedicated to the City, shall be specified by the developer before approval of the final development plan.
(c) Unless otherwise agreed to by the Planning Commission and City Council, the developer shall create a property owner association, which shall have the right and responsibility to assess property owners within the PUD to pay the cost for proper maintenance of the open space. Planning Commission and the developer shall agree to the level of maintenance required before approval or the final development plan.
(Ord. 08-33. Passed 5-4-09.)