(A) COMMON OPEN SPACE is defined as a parcel or parcels of land, an area of water, or a combination of land and water, designed and intended for the use or enjoyment of residents of the Planned Residential Development, or of the general public. Common open spaces may contain accessory structures and improvements necessary or desirable for noncommercial, recreational, or cultural uses. A variety of open space and recreational areas is encouraged, such as children's informal play areas in close proximity to individual dwelling units, according to the concentration of dwellings; formal parks; picnic areas; playgrounds; and scenic open areas and communal noncommercial recreational facilities.
(B) Conveyance and maintenance of common open space: All common open space, shown on the final development plan and recorded in the office of the city clerk, must be conveyed in accordance with one of the methods listed below. In any event, the developer must file in the county land records, at the time the approved final subdivision map is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide a method for restricting the use of common open spaces for the designated purposes.
(1) By dedication to the city as municipally owned and maintained as common open space.
(2) By leasing or conveying title (including beneficial ownership) to a corporation, association, or other legal entity. The terms of the lease or other instrument of conveyance must include provisions, suitable to the plan commission, with approval of city council, for guaranteeing:
(a) The continued use of the land for the intended purposes.
(b) Continuity of proper maintenance for those portions of the open space land requiring maintenance.
(c) When appropriate, the availability of funds required for maintenance.
(d) Adequate insurance protection.
(e) Recovery for loss sustained by casualty, condemnation, or otherwise.
(C) Utility and continuity for common use: All common open space proposed for dedication to the city must be acceptable to it with regard to the size, shape, location, and improvement. In addition, the applicant must show that the dedication of the areas as common open space will be of benefit to the general public of the city.
(Ord. O-17-70, passed 7-7-70)