(A) Fee in lieu of open space. A fee in lieu of landscaped open space in commercial, industrial, multi-family and public facility developments may be permitted by the Planning Commission for required open space that is less than 5,000 square feet in size; provided that, the development can be adequately served by existing parks and recreation facilities. The amount of the fee shall be set forth in the city’s fee schedule. Any fee in lieu paid to the city shall be set forth in a development agreement. Open space fees in lieu shall be held by the city in a reserved account to be used solely for improvements to parks and recreation facilities. Where possible, the fees collected by the city shall be used to improve the park or open space nearest the location where those fees were paid.
(B) Modification. The percentage of required landscaped open space may be modified through a development agreement, subject to Planning Commission recommendation and City Council approval. No modification shall be granted, however, unless the following standards are met:
(1) The granting of the modification will not adversely affect the rights of adjacent landowners or residents;
(2) The modification desired will not adversely affect the public health, safety or general welfare; and
(3) The granting of the modification will not be opposed to the general spirit and intent of this subchapter or the general plan.
(C) Preservation, maintenance and ownership.
(1) The Planning Commission and City Council shall require the preservation, maintenance and ownership of all required open space for non-residential, multi-family or planned single-family residential developments through one or a combination of the following: Dedication of the land as a public park or parkway system;
(2) Dedication of the land as permanent open space on the recorded plat;
(3) Granting the city a permanent open space easement on the private open spaces to guarantee that the open space remain perpetually in recreation use, with ownership and maintenance being the responsibility of a homeowners’ association;
(4) Through compliance with the provisions of the condominium ownership act as outlined in UCA Title 57, which provides for the payment of common expenses for the upkeep of common areas and facilities;
(5) Landscaping for all single-family residential properties shall be maintained in accordance with the provisions of this subchapter and applicable regulations of the zone in which the property is located; and
(6) In the event that open space or other required landscaping improvements or facilities are not landscaped or maintained in a manner consistent with the approved site plan or landscaping plan, the city may at its option cause such landscaping or maintenance to be performed and assess the costs to the affected property owner(s) or other responsible association or entity.
(Ord. 13-2022, passed 7-6-2022)