A.

General. The subdivision design and improvement regulations of this chapter apply to all subdivisions located within the city's corporate limits and to those portions of the city's extraterritorial planning and platting jurisdiction located within one mile of the corporate limits of the city, provided however, that lands located within a one-mile radius of Ned Houk Park and the extension of Norris Street to Ned Houk Park are subject to the platting and subdivision regulations of Curry County pursuant to 17.35.010.B.

B.

County Subdivision Regulations. For purposes of exercising the extraterritorial planning and platting jurisdiction of the city, the city will implement and apply, and hereby adopts by reference, the platting and subdivision regulations of Curry County, as amended, as the subdivision regulations to be applied within all areas of the city's extraterritorial planning and platting jurisdiction except those portions located within one mile of the city's corporate limits, as set forth in 17.35.010.A.

C.

Right-of-Way Standards in Extra-Territorial Planning and Platting Jurisdiction. The provisions of 17.35.010.A and 17.35.010.B notwithstanding, approval of all subdivision applications within the five-mile extra-territorial planning and platting jurisdiction of the city are required to dedicate the following minimum road rights-of-way as part of the subdivision plat:

1.

Section-line roads: One hundred feet, fifty feet on each side of the section-line; and

2.

Half section-line roads: Eighty feet way, forty feet on each side of the half section-line.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Applicability. Public improvements are required when an area of land is subdivided or developed. These improvements along with a minimum one-year warranty must be provided by the applicant. Some improvements are eligible for cost-sharing with the city or other agency based on the cost allocation formulas found in these regulations. In most situations ownership of the facilities will be turned over to the city or another agency for maintenance.

B.

Required Improvements. Required improvements and facilities include, but are not limited to, those listed in this section.

1.

Streets. A street of sufficient capacity to adequately serve adjacent lots and the expected traffic volume generated by the subdivision or development must be provided. All streets shown on the comprehensive plan, or other official plans, must be dedicated. If arterial streets are required, the city will participate in development of the street; all other streets must be constructed by the applicant.

2.

Pedestrian Ways. Pedestrian ways of sufficient capacity and convenient location to serve the population generated by the subdivision or development must be provided. Sidewalks within the street right-of-way are required if alternative walkways are not provided.

3.

Drainage Facilities. Drainage facilities must be provided to accommodate the stormwater runoff generated by a development.

4.

Utilities. All utilities needed to serve the uses and population within the subdivision and the planned service area must be provided by the applicant.

5.

Street Lights. Street lights must be provided by the applicant. The location and number of lights will be determined by the department of public works based on type of street, type of development, traffic volume, population density and pedestrian activity.

6.

Street Name Signs. Street name signs must be provided by the applicant.

C.

Agreements.

1.

An agreement or contract setting forth the construction plan, method of construction, and parties responsible for the construction of any required public improvements, together with adequate security or collateral acceptable to the city, is required before commencement of construction of any public improvements.

2.

In addition, no final subdivision plat will be approved until the applicant has submitted and the city has approved a subdivision improvements agreement guaranteeing construction of the required public improvements shown on the final subdivision plat, together with financial security to ensure completion of the improvements in case the developer does not complete the required improvements in accordance with the design and time specifications of this chapter.

3.

The types of financial security that may be accepted are as follows:

a.

Performance or property bond;

b.

Private or public escrow agreement;

c.

Letters of credit;

d.

Assignments of receivables;

e.

Deposits of certified funds or other similar surety agreements acceptable to the city, to be escrow at a local financial facility. All interest earned on the deposits shall accrue to the developer;

f.

Deposits of certified funds or other similar surety agreements acceptable to the city. A letter from a financial institution represented that specific unencumbered funds have been designated for the construction of public improvements and that the financial institution will allow the designated funds to be used for no other purpose. The form and content of the letter shall be approved by the city of Clovis; and

g.

Liens on the subdivision property in favor of the city.

4.

The amount of financial security required will be based on the city engineer's estimate of the cost of public improvements. Written bids executed by licensed New Mexico contractors may also be accepted as evidence of public improvement costs.

5.

The developer is prohibited from selling lots within a subdivision (see Section 3-20-14, NMSA 1978) before installation of required improvements is complete.

6.

Building permits may not be issued within any subdivision until the improvements agreement has been accepted by the city and a form of financial security has been accepted and received by the city, except that the installation of sidewalks prior to the issuance of a building permit is not required until the end of the one-year public improvements warranty period. Before the end of the one-year warranty period, all sidewalks within the subdivision must be installed.

7.

As public improvements are completed, the applicant may apply to the city for release of a proportion of the financial security deposited with the city. Upon final inspection, approval and acceptance of the public improvements by the city engineer, the city must release the security. If the city determines that any of the improvements are not constructed in substantial compliance with applicable city specifications, the city may, pursuant to the improvements agreement, withdraw and employ from the deposited security such funds as may be necessary to construct or repair the improvements in accordance with such specifications.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

General. Subdivision design and improvements are subject to all applicable the design standards of this section, as well as:

1.

The public works department's Manual of Construction Standards;

2.

New Mexico standard specifications for public works construction;

3.

The latest edition of the Institute of Traffic Engineers Transportation and Traffic Engineering Handbook; and

4.

Federal ADA regulations.

B.

Applicability. The design standards of this section apply to all subdivisions unless otherwise expressly stated in this chapter.

C.

Access.

1.

Access to lots and buildings must be provided in accordance with the Uniform Fire Code. Except for cul-de-sacs, streets must connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsub divided tracts, or should be a reasonable projection of streets in the nearest subdivided tracts. All private roads and driveways must connect to a dedicated street.

2.

Proposed subdivisions that include lots that do not abut a public street must include a development plan as part of the application. The application will be processed according to the procedures set forth for a PUD. The development plan must include all the information required of a PUD plan.

D.

Traffic Circulation Facilities.

1.

General. The road system must be designed to:

a.

Permit the safe, efficient, and orderly movement of traffic;

b.

Meet, but not exceed the needs of the present and future population served;

c.

Have a simple and logical pattern;

d.

Respect natural features and topography; and

e.

Present an attractive streetscape.

2.

Arrangement of Streets. The arrangement of streets must conform to the circulation element of the comprehensive plan or the official maps. For streets not shown on the comprehensive plan or official maps, the arrangement must provide for the logical extension of existing streets. Residential streets must be designed to discourage high-speed traffic and to safely accommodate all users.

3.

Arterial Streets. Arterial streets are generally intended to carry a large volume of traffic from one part of the community to another. State highways that carry traffic through Clovis are examples of arterial streets. Arterial streets are generally located no more than one mile apart, preferably on a section line. Arterial streets shown on the comprehensive plan must be dedicated.

4.

Collector Streets. Collector streets generally connect with arterial streets. They are required to be provided as indicated in the comprehensive plan and in all areas of a subdivision containing four hundred or more dwelling units. When intersecting with an arterial street, collector streets must intersect with another collector street or be off-set by a distance of at least one thousand feet.

5.

Local Streets. Local streets generally provide direct access to lots within a subdivision. Local streets are designed to carry the lowest volumes of traffic at the lowest speeds. Local streets should have an east to west orientation wherever possible. A local street may intersect with an arterial street if offset by a distance of at least six hundred fifty feet on the same side of the arterial from any other intersection. A local street and an arterial street may intersect at a T-intersection only.

6.

Other Streets.

a.

Cul-de-sac. A cul-de-sac is a street with a single means of ingress and egress with a turnaround at the end. Design of turnarounds may vary. A cul-de-sac must be designed according to anticipated ADT level; a residential access cul-de-sac will have a maximum ADT of two hundred fifty.

b.

Marginal access street. A marginal access street runs parallel to a collector or arterial street and provides access to abutting properties and separation from through traffic on adjacent streets.

c.

Private street. Private streets are permitted only in PUDs. The design of the street must be based upon the expected ADT. An applicant must submit a traffic study justifying any private street with a cross-section less than a required public street.

d.

Alley. Alleys are service roads that provide a secondary means of access to lots.

7.

Intersections.

a.

All street intersections involving arterial streets must be laid out to intersect at right angles, except that when topography or other site conditions justify variations, the intersection angle may be allowed to vary by up to ten degrees from a right angle. No intersection of public or private streets may be on a curve of centerline radius less than five hundred feet. No curb cut is allowed on a curve section of road with an inside curve radius of less than one hundred fifty feet.

b.

Intersections must be designed with adequate corner site distance. Minimum required corner site distances are as follows:

(1)

Local and collector streets: Two hundred feet; and

(2)

Arterial streets: Three hundred fifty feet.

c.

In addition to the corner site distance requirements, no fence, wall, entrance, hedge, shrub planting, tree or other sight obstruction greater than three feet above the pavement elevation may be located within the triangular area formed by street curb lines and a line connecting them at points thirty-five feet from their point of intersection.

d.

Streets entering the opposite sides of a street shall either be directly across from each other or offset by at least one hundred twenty-five feet from centerline to centerline.

e.

Streets that enter onto the same side of a street must be spaced at least three hundred feet apart, from centerline to centerline.

f.

Curb corner radii at all intersections along arterial streets must be a minimum of twenty feet.

g.

Street name signs must be provided at all intersections.

h.

Intersections that include collector or arterial streets must be designed to allow for future traffic signalization. Geometry and all other details of these intersections require review and approval by the city engineer.

E.

Pedestrian and Bicycle System.

1.

Sidewalks. Sidewalks are required parallel to all streets and must be sized depending on road classification and intensity of development. Alternative locations of sidewalks may be proposed by the applicant. In case an alternative location is proposed, sidewalks in the street right-of-way may still be required if close to a pedestrian generator, to continue a walk on an existing street, or to link areas of probable future development as indicated in applicable plans. In conventional developments, sidewalks must be placed in the right-of-way, parallel to the street, unless an exception has been permitted to preserve topographical or natural features or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. All sidewalks must be installed before a certificate of occupancy is issued or by the end of the one-year warranty period for the public improvements for unoccupied lots.

2.

Walkways. Mid-block pedestrian easements at least ten feet in width may be required on blocks exceeding six hundred feet in length to provide safe and convenient pedestrian access to schools, playgrounds, shopping, or other community facilities.

3.

Bikeways. Separate bicycle paths are required if such paths are shown on comprehensive plan.

F.

Stormwater Management.

1.

The stormwater management regulations of this section apply to all subdivisions and any development of seven thousand square feet or more within the city planning and platting jurisdiction. The minimum stormwater management regulations apply to land development activities that are less than seven thousand square feet if such activities are a part of a larger common plan of development, even though multiple separate and distinct land development activities may take place at different times on different schedules. The city commission may, after considering the comments and recommendations of the public works director, grant an exception to the minimum stormwater management regulations if strict compliance it is not feasible due to the natural or existing physical characteristics of the site. The stormwater management regulations of this section apply to residential subdivisions, except those residential lots, subdivisions and units of subdivision that have existing infrastructure improvements installed in the subdivision or unit of a subdivision.

2.

The minimum stormwater management requirement is that all applicable developments must provide management measures necessary to maintain the post-development peak discharges for twenty-five-year frequency, one-hour storm events at a level that is equal to or less than the respective twenty-five-year frequency, one-hour pre-development peak discharge rate, through stormwater management practices that control the volume, timing, and rate of flows.

3.

Stormwater management measures are required to satisfy the minimum stormwater management requirements. The stormwater management practices used must be implemented in the following order of preference:

a.

Infiltration of runoff on-site;

b.

Off-site stormwater management using an existing playa;

c.

Flow continuation by use of open vegetated swales and natural depressions;

d.

Stormwater retention structures;

e.

Stormwater detention structures.

4.

The owner/developer of a subdivision (or a unit of a subdivision) subject to this section must submit a stormwater management plan at the time of submission of the subdivision plat for preliminary approval (final approval for all residential subdivisions that have received preliminary approval prior to the effective date).

5.

The stormwater management plan for a subdivision may propose compliance with the minimum stormwater management requirement by a subdivision-wide proposal or a lot-control proposal. For new subdivisions, subdivision-wide proposal are preferred.

6.

If a subdivision, after being fully developed, has or will have the potential to create a stormwater impact to downstream properties, the owner/developer must provide on-site stormwater management measures, unless the owner/developer elects to build a structure to adequately facilitate an off-site stormwater management location (such as the next available playa, without impacting the intervening properties).

7.

If a subdivision is located adjacent to a natural playa that receives runoff from the same watershed as the subdivision, off-site stormwater management utilizing the adjacent playa may be approved.

8.

Whenever off-site stormwater management is proposed, the owner/developer must submit a stormwater control plan demonstrating that:

a.

The plan will not impact downstream properties between the subdivision and the receiving property (playa); and

b.

The plan will not reduce the original capacity of the receiving property to handle the pre-development runoff from the water shed.

9.

The road system in most areas will be a primary element of the storm drainage collection system of a developed area. Road layouts and grades should be designed to avoid excessive runoff concentration and to minimize the need for storm sewers. Curbed roadways provide drainage outfalls for adjacent properties and site grading generally should provide for runoff from sites toward the roadway. Provisions shall be made in the design of roadways to manage stormwater throughout a subdivision or development. All storm drainage system components must be designed in accordance with the standards of the department of public works manual of construction standards.

10.

Playa stormwater storage shown on the Clovis comprehensive plan and/or the Clovis drainage plan must be accurately defined. The size of the playa may be determined by the designated capacity found in the drainage plan. If a developer wishes to store additional stormwater generated by the subdivision or development, the size of the playa may be increased by the developer if approved by the city.

11.

Existing drainage ways must be continued and have adequate capacity to accommodate the historic volume of runoff. A drainage way must be included in the subdivision or development plan area if needed to carry stormwater runoff exceeding the storm events described in 17.35.030.F.2. All drainage ways must be of sufficient width to carry the expected maximum stormwater flow as defined by the Clovis drainage plan and in compliance with the Clovis flood ordinance. An area at least ten feet in width along one side of the channel must be provided in addition to the drainage way channel.

12.

All drainage facilities must meet the standards of public works department's Manual of Construction Standards.

13.

If a stormwater management plan is approved for individual lots, a notation of the stormwater control requirement must be identified on the plat in a manner approved by the city so that the responsibility for stormwater management control will run with the title of the property.

G.

Retention/Detention.

1.

A residential subdivision-wide stormwater management plan that has a retention/detention area will be maintained by the developer, or is successors-in-interest, for a minimum period of one year from the completed construction of the retention/detention area. Any necessary repairs to the control area will be completed prior to the acceptance by the city.

2.

A commercial subdivision stormwater management retention/detention area will be permanently maintained by the developer, or its successor-in-interest. Minimum standards established by this chapter must be permanently maintained.

3.

For planned unit developments, retention/detention areas may be combined with open/recreational spaces as dual use. If dual use is approved as a part of the development plan, the total area designated for retention/detention of stormwater must be maintained by the developer or owners association, and the city will not assume ownership or maintenance responsibility.

4.

All subdivision-wide stormwater management areas that will be maintained by the must shall be constructed without trees, shrubs or permanent structures that would interfere with maintenance requirements. The developer must establish the retention/detention area with a native or drought resistant grass.

5.

The inside slope of a retention/detention area may not exceed five-to-one (horizontal-to-vertical).

6.

The depth of a retention/detention may not exceed two feet. The allowable depth is measured as the vertical distance from grade level to the bottom of the retention/detention area.

7.

Upon the recommendation of the director of public works, the commission may approve a deviation in the size and depth of a retention/detention area if the location of the retention/detention area is placed away from the streets and lots in a manner that will maximize visual and aesthetic features, reduce or minimize health and safety risks, and not adversely impact the maintenance of the retention/detention area.

H.

Schools. Upon receipt of a preliminary plat application for a subdivision of forty acres or more, the director of building safety must forward the application to the school district. The school district must then assess the need for additional school sites and may work with the developer to acquire such sites. The findings of the school district's land needs assessment and the results of any negotiations with the developer must be forwarded to the planning and zoning commission to be considered with the preliminary plan application.

I.

Utilities. The developer must coordinate with the affected utilities to provide utilities with sufficient capacity to serve any subdivision or development. Design and construction must be coordinated with the affected utilities. Utilities must be constructed according to the utility company standards and standards contained in these regulations and in the public works department and New Mexico standards. When public sewer and/or water is not furnished, Curry County and state of New Mexico regulations must be followed. If an alley is not provided in a planned development, a utility easement of sufficient width and accessibility must be provided and be part of the approved development plan.

1.

Sewer. All collection lines for sewer must be located in an alley that serves adjacent property unless a specific exception is requested by the applicant and a plat or PUD development plan delineating such exception is approved by the city.

2.

Mail Service. The method of mail delivery must be coordinated with the local U.S. Postal Service and city staff.

J.

Public Safety within a Development. A design for a subdivision and/or a planned unit development must provide for public safety. The design will be reviewed by the city using the following standards:

1.

Lighting is arranged so that an entry point, sidewalk, walkway, recreation area and parking area are adequately illuminated during the times of use.

2.

Landscaping is arranged so that areas adjacent to entry points will not provide places of concealment. Plantings adjacent to a walk or parking area must be open or lighted so that a place of concealment is not created.

3.

A development with a private road, walkway or parking area will provide to the city an easement to each such area which will allow police and fire personnel access at any time.

4.

A fence adjacent to a public right-of-way or easement will have an access point into any area without direct access to a public area. If locked, the access must have a lock on the easement right-of-way that can be opened by the police and fire department.

K.

Street Lights, Street Signs. Street lights and street signs will be provided as required by city regulation.

L.

PUD Design Standards.

1.

Adequate design of grades, paving, gutters drainage and treatment of ground cover to handle stormwater, prevent erosion and formation of dust;

2.

Adequate safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, facilities for waste disposal and illumination;

3.

Adequate amount and proper location of pedestrian walks and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks and public transportation loading places from general vehicular circulation facilities;

4.

Arrangement of buildings and vehicular circulation so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic;

5.

Proper arrangement of signs and lighting with respect to traffic control devices and adjacent residential districts;

6.

An adequate amount and safe location of play areas for children and other recreational area according to the concentration of occupancy;

7.

Arrangement of buildings so that views from entrances and windows are not blocked by nearby structures. Each dwelling unit must have at least one wall with windows through which landscaped yard areas is visible;

8.

A metal trash collection container must be located so that it is conveniently accessible and is used by six residential units. The location of the trash container must be readily accessible by trash collection trucks.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Purpose/Description.

1.

The regulations of this section are intended to encourage development design that is more efficient and provides more open space and greater natural resource protection than conventional development designs. Cluster development designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater runoff and non-point source pollutant loading rates and can be used to preserve an area's semi-rural character. Cluster developments are intended to reduce stormwater runoff and flooding, preserve natural resources, protect water quality and encourage the provision of needed open space and recreational amenities for residents.

2.

The cluster development regulations of this section require that a specified portion of each development be set aside and permanently preserved as open space.

3.

The required open space area within cluster developments can be set aside to conserve and protect significant natural resources. It can also be used to preserve agricultural lands or to provide passive or active recreational opportunities for the subdivision's residents and/or the general public.

B.

Lot and Building Standards. Cluster developments must comply with the lot and building standards of the subject zoning district.

C.

Maximum Density and Net Site Area.

1.

The maximum number of dwelling units allowed within a cluster development is computed by dividing the net area of the site by the subject zoning district's minimum-lot-area-per (dwelling) unit standard. Net site area is calculated by subtracting all of the following from the site's gross land area:

a.

Special flood hazard areas;

b.

Jurisdictional (Army Corps of Engineers) wetlands and waterways; and

c.

Water bodies with a contiguous area of more than five thousand square feet.

2.

If the cluster development site is located in more than one zoning district, the maximum number of dwelling units allowed must be determined separately for each portion of the site lying within a different zoning district. Density may be transferred from one portion of the site to another as long as the transfer does not result in an increase in the number of dwelling units allowed on the overall site.

D.

Open Space.

1.

General. Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent (active or passive) open space. Any city-accepted parkland or open space under the subdivision regulations will be counted towards meeting minimum open space standards for cluster developments.

2.

Location and Design. The location, size, character and shape of required open space must be appropriate for its intended use.

a.

Open space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for ball fields, playing fields or other active recreational facilities should be located on land that is relatively flat and dry.

b.

In the case of resource protection, open space must be designed to provide maximum protection for the subject resources, such as continuous blocks of wildlife or wildlife habitat and corridors, plant habitat, agricultural lands (soils), or riparian areas.

3.

Use.

a.

Open space that protects wildlife habitat areas and corridors or promotes preservation of agricultural lands and sustainable food production activities are the highest priority for open space.

b.

Open space may also be dedicated or reserved for one or more of the following uses:

(1)

Conservation of, and avoidance of development in, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property (e.g., drainageways);

(2)

Conservation and protection of natural resources (e.g., rare plant communities and wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems;

(3)

Conservation and protection of significant historic or cultural resources; or

(4)

Provision of active and/or passive outdoor recreation opportunities for the general public or for the development's residents or employees and their guests.

c.

Open space may contain active recreation areas and only such buildings, structures, accessways and parking facilities as are necessary and accessory to its principal uses (e.g., pedestrian paths, recreational club houses, utility lines, driveways, parking areas). All active recreation areas, permanent structures and impervious surfaces must be of a low-impact stormwater design, and management practices must be instituted to protect and enhance the natural character and function of the open space. Such development requires:

(1)

A tree and native vegetation preservation plan that limits site disturbance to the minimum required for construction and protects mature vegetation areas from degradation;

(2)

Landscaping using native or naturalized plant species;

(3)

Low-input, natural vegetation management practices; and

(4)

Stormwater management best management practices.

d.

Open space areas may be used for low-impact design stormwater management practices.

e.

Open space areas may not be used for irrigation with treated sanitary sewage.

f.

The area of stormwater retention/detention ponds that are designed to hold stormwater from less than one hundred-year storm events may not be counted toward satisfying minimum open space requirements.

g.

Roadways and parking areas within open space areas may not be counted toward satisfying minimum open space requirements unless they provide public access to the open space area.

4.

Ownership and Management.

a.

The applicant must identify the owner of the open space. The designated owner and the owner's successors are responsible for maintaining the open space and any associated facilities. If a property owners' association is the owner, membership in the association is mandatory and automatic for all property owners within the development and their successors. If a property owners' association is the owner, the property owners' association must have lien authority to ensure collection of dues from all members.

b.

The applicant must submit a management plan for the open space and all common areas. The management plan must:

(1)

Allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements;

(2)

Estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;

(3)

Provide that any changes to the management plan be approved by the planning and zoning commission; and

(4)

Provide for enforcement of the management plan.

c.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all properties within the development.

5.

Boundary Markers.

a.

Construction fencing must be placed at the outer edge of the existing vegetation to be preserved in the permanent open space area. This fencing must be maintained throughout the construction process.

b.

Permanent signs must be placed at the edge of the permanent open space indicating that the area has been designated as a permanent open space area and identify any limitations on use or disturbance of the area. Signs must be maintained and remain legible at all times.

E.

Permanent Protection of Open Space.

1.

The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:

a.

A permanent conservation easement in favor of either:

(1)

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions; or

(2)

A governmental entity (if the entity accepting the easement is not the city, then a third right of enforcement favoring the city must be included in the easement); or

b.

An open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

c.

An equivalent legal tool that provides permanent protection, as approved by the city attorney.

2.

The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space.

(Ord. No. 2122-2019, § 3, 6-20-19).