A. The commission and council, based upon a recommendation from the Yucca Valley parks, recreation and cultural commission, may as a condition of approval, require that suitable areas for parks be dedicated or in lieu fees be paid as determined for the entire specific plan area, and in compliance with applicable ordinances and requirements.
B. The commission and council, based upon a recommendation from the Morongo unified school district, may as a condition of approval, require that land for schools and other public uses be reserved for public use, or be reserved for the owners and residents in the development by deed restrictions.
C. Whenever group or common open space is provided, whether required or not, the commission and council shall, as a condition of approval, require that some provision be made for applicable perpetual maintenance of such open space.
D. The form of any instrument used to assure open space maintenance shall be approved by the town attorney and director as to form and content. Agreements and covenants running with the land shall include provisions for charges to be levied for carrying out the specified functions and administrative expenses of such perpetual maintenance. The town may be party in interest in any such development for purposes of enforcing the provisions of this chapter, including bringing of any enforcement actions deemed appropriate by the town.
E. To assure that open space is provided within specific plan areas, public and open space sites shall be dedicated in advance of development (prior to the issuance of building permits) whenever such dedication is so required, even in those cases when a subdivision map is not required. Other appropriate dedications for street, utility and flood control rights of way and for easements and other public purposes may also be required before the issuance of the first building permit, or when otherwise determined to be appropriate by the council. (Ord. 243, 10-15-2013)