R-3 District Open Space Requirements. For single-family attached and single-family detached homes, apartments and condominiums, at least 25percentof the total area in a proposed gross development area (DA) permitted under this section shall be dedicated to open space or recreation facilities exclusive of dwellings, streets, parking areas and other impervious areas where the land is not open to the sky. Such open space shall be clearly shown on the site plan and shall be physically situated so as to be readily accessible to, available to, and usable by, all residents of the net development area.
(a) Maintenance of Common Open Space and Conveyance Procedures.
(1) Provisions acceptable to the Planning Commission must be included in the site plan for maintenance of all common open spaces in the gross development area. All common open space shown on the site plan must be conveyed by leasing or conveying title (including beneficial ownership) to a corporation, homes association or other similar entity. The terms of such lease or other instrument of conveyance must include provisions suitable to the Planning Commission for guaranteeing:
A. The continued use of such land for intended purposes;
B. Continuity of proper maintenance;
C. When appropriate, the availability of funds required for such maintenance;
D. Adequate insurance protection; and
E. Recovery for loss sustained by casualty, condemnation or otherwise.
F. In any event, the developer must file legal documents which will produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for the designated purposes as a requirement of the site plan.
(Ord. 0-15-4. Passed 2-19-15.)