1. Developable Acreage. Total plat square footage minus any land determined unbuildable according to section (2) below.
   
2. Unbuildable Acreage. Is that acreage as defined in 5-4-406 subsection a., b., c, and e.
   

1. The intent of the open space ordinance is to offer developers the opportunity to plan higher quality developments with a wider variety of plans meeting requirements, but the ordinance does not guarantee approval, and it is the responsibility of the developer to demonstrate to the Planning Commission and City Council that their proposal is better for the City of Highland than the traditional R-1-40 zone. For the good and enhancement of Highland City, this provision is intended to:
   1. Encourage better utilization of land through the creation and preservation of open spaces;
   2. Promote imaginative, well designed subdivisions which preserve and encourage the creation of open space and respect the physical qualities of the land;
   3. Develop a sense of community and insure compatibility with surrounding neighborhoods; and
   4. Preserve existing features and natural habitat.
2. Previous Open Space Subdivisions were approved as follows: The Planning Commission may recommend and The City Council may approve Open Space Subdivisions in the R-1-40 zone.
3. No new Open Space Subdivisions shall be created or approved on or after January 1, 2024. This Article is retained within this Code as a legacy ordinance that serves solely as reference for existing Open Space Subdivisions.

(Adopted: 5/18/99)

In the instances where there is a community interest, residential clustering shall be required. Examples of community interest could include:

1. Natural Areas
   
2. Wetlands
   
3. Wildlife Habitat
   
4. Scenic Corridors
   
5. Gateways
   
6. Other Public Use Lands
   
7. Wooded Areas, or areas of traditional vegetation with community value
   
8. Town Center

(Adopted: 5/18/99)

The maximum number of lots to be permitted on subdivided property is determined by dividing the developable acreage square footage by forty three thousand five hundred sixty (43,560) square feet.

(Adopted: 5/18/99)

The minimum percentage of land that shall be designated as permanent open space, never to be further subdivided, and protected through a conservation easement held by Highland City or by a recognized land trust or conservancy or other acceptable entity shall be specified below:

1. A minimum of thirty percent (30%) of the total tract area.
   
2. All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the township and duly recorded in the County Recorder’s Office.
   
3. At least forty (40%) of the minimum required open space shall be improved for publicly accessible, active recreation purposes. The purpose for which open space areas are proposed shall be documented by the applicant. 
   
4. Storm water management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground pipelines and any land determined unbuildable acreage. However, land within the rights-of-way of high-tension power lines shall not be included as comprising part of the minimum required open space. 

(Adopted: 5/18/99)

Open space bonuses should encourage the developer(s) to incorporate a definite development theme which includes elements of usable space, diversity of lot design, preservation of natural features, residential use and amenities, a well planned vehicle and pedestrian circulation system, treescape and attractive entrances as part of the design.

1. An open space bonus shall be allowed only within R-1-40 Zones. The density bonus will be calculated on the total developable acreage of the development. The entire city shall be subject to open space bonuses within the following parameters:
   
   1. The area designated and shown on the land use plan as the “Town Center” shall have a maximum of 2.5 units per acre overall density.
      
   2. The 53.53 Concrete Products Construction acres shall have a maximum density of 2.23 units per acre.
      
   3. The remaining areas of the city shall have a maximum of 1.4 units per acre overall density.
      
2. Property owners requesting consideration of open space bonuses shall make application and petition, according to procedures outlined in section 3-4808, and said cost of consultant review will be born by the applicant based upon procedures for reimbursement set forth by a resolution of the City Council. Awards shall be based on the incorporation of elements as stated and defined in this section. Any award of open space bonus shall be reviewed by the Planning Commission and approved by the City Council.
   
3. Open space bonuses will be considered only on projects of twenty-five (25) acres or more.
   
4. Maximum area density within a development shall not exceed five detached units per acre. (If an ordinance allowing attached housing in the Town Center is enacted by the City Council, then no more than eight units per acre would be allowed.)
   
   1. Any proposed development must be approved as a master plan development.
      
   2. While abiding by the overall density of either 2.5 or 1.4 units per acre, no particular acre in a development shall accommodate more than the maximum units allowed to meet the densities stated in this section.
      
5. A minimum of 30% of the entire development shall be designated as open space to qualify for any bonus within this ordinance.
   
6. To merit a bonus award, the development must demonstrate qualities and advantages beyond what would be required of a standard residential R-1-40 development.
   
7. Open space bonuses shall be subject to, but not limited to, the following elements and accompanying definitions. Cumulatively these elements may not increase residential unit densities beyond those stated in this section.
   
8. A bonus density may be granted based on the following scale:
   
   >150 points     = 0.4 units
     113 points      = 0.3 units
     75 points       = 0.2 units
     38 points       = 0.1 units
     0 - 37 points = 0 units
   
   Subdivisions qualifying for a density higher than .4 units to the acre will be awarded a density based on the same ratio as above. 
   
   
9. It is the intent of this ordinance to prohibit the deferral of open space and amenities through the use of phasing.
   
10. Only those projects which provide 30% open space can achieve the maximum density bonus stipulated in Section above. 
    
11. All open space subdivisions shall be required to be a part of the Highland Open Space Special Service District.
    
12. All open space provided by the developer shall be deeded to the city through a warranty deed and title insurance.
    
13. All open space subdivisions shall provide internal pedestrian paths and path connections to adjacent properties.
    
14. All projects shall be required to provide amenities to the open space in an amount equal to 20% of the total cost of the subdivision improvements. Said amenities shall be subject to review and approval by the city.
    
15. No lots shall be smaller than 14,000 sq. Ft. With a minimum average of 16,000 sq. Ft. Per phase.
    
16. No lots shall have less than 110' feet of frontage with an average of 120'.
    
17. Streets with this overlay may have a minimum of 30' of asphalt.
    
18. Developers of open space subdivisions that are recorded after the effective date of this ordinance shall provide delineation between all private property lines and any proposed open space. Requirements for delineation shall be defined as follows:
    
    1. The delineation provided shall be per the specifications of Highland City and installed within the public property along all property lines that abut open space or a trail.
       
    2. Any person obtaining a building permit for a primary residence on property within an open space subdivision after the effective date of this ordinance shall provide to the city a fee according to the linear distance of the property line that abuts open space or a trail to provide for delineation of the property line between private and public property (Amended 5/3/05, 5/17/05).
       
19. Setbacks within the Open Space Density Bonus Overlay may be determined by lot depth and lot frontage. Setbacks shall be consistent with the underlying zone unless a minimum of 80% of the lots within an approved Open Space Density Bonus subdivision meet the following dimensions; if 80% of the lots meet the following dimensions, then setbacks shall be as follows:
    
    

    FRONTAGE	DEPTH	SETBACKS
    		Front	Rear	Side
    <90'	<110'	25'	10'	12.5' or (10' min. 25' total)
    90' - 100'	<110'	25'	15'	12.5' or (10' min. 25' total)
    90' - 120'	110' - 130'	25'	25'	12.5' or (10' min. to 25' total)
    110' - 130'	130' - 180'	30'	30'	12.5' or (10' min. 25' total)
    >130'	>180'	30'	30'	15'

    (Ord. No. 2010-07, Amended, 06/22/2010)
    
    

    QUALITY ELEMENTS			ALLOWABLE POINTS
    		Open Space, the utilization of existing and Creation of new space. Developed buffer zones, Parkways and greenbelts.	0-75 Points
    	Sliding Scale
    		15%	0-15 Points
    		20%	0-20 Points
    		25%	15-25 Points
    		30%	15-30 Points
    		35% Open Space	20-35 Points
    		40% Open space	25-40 Points
    		45% Open Space	40-55 Points
    		50% Open Space	55-75 Points
    ENHANCEMENT ELEMENTS
    		Preservation and development of Paths and trails encouraging connection to the city master trail plan	0-20 Points
    		Preservation of existing quality natural areas: Vegetation (mature woodlands/orchards), historic drainage corridors, meadows, ridge lines, view-sheds, etc. (excluding unbuildable acreage)	0-25 Points
    		Improvement of areas not included in 2 above CC&R's that provide architectural control with no more than 10% of the homes having the same elevation which specifies setbacks as prescribed in Sec. 3-4104, for side yard garage entrances, hidden garages, building material types landscaping and fencing. Maintains a cohesive community with overall architectural control.	0-10 Points
    		Artwork, fountains or gateways that provide a unique setting to the development and do not distract from Highland's natural setting	0-10 Points
    		Affordable housing	0-10 Points
    		Provide an open space buffer to surrounding developed land uses.	0-10 Points

(Adopted: 5/18/99) (Amended 11/16/99, 3/7/2000, 6/17/03, 5/3/05, 5/17/05)

The location of open space conserved through residential development shall be consistent with the policies contained in the Land Use Element of the General Plan and with the recommendations contained in this section and the following section (“evaluation criteria”). 

1. Open space shall be comprised of two types of land improved and natural areas. All open space is required to be protected by a permanent conservation easement prohibiting future development, and setting other standards safe-guarding the site’s special resources from negative changes.
   
   1. Natural Open Space Areas. Although the locations of natural areas are pre-determined by the locations of flood plains, wetlands, steep slopes and soils subject to slumping, greater latitude exists in the designation of Improved Open Space Areas (except that they shall include a 100-foot deep green way buffer along all water bodies and watercourses, and a 50-foot green way buffer alongside wetlands soils classified as “very poorly drained” in the medium-intensity county soil survey of the USDA Natural “Resources Conservation Service)”
      
   2. The location of Open Space Areas shall be guided by the maps and policies contained in the Land Use Element of the General Plan, the Parks, Recreation, and Trails Element of the General Plan, and Parks Master Plan, and shall typically include all or part of the following kinds of resources: mature woodlands, aquifer recharge areas with highly permeable (“excessively drained”) soil, significant wildlife habitat areas, prime farmland, historic, archaeological or cultural features listed (or eligible to be listed) on national state or county registers or inventories, and scenic views into the property from existing public roads. Open Space Areas therefore typically consist of meadows, forest, pastures and farm fields, part of the ecologically connected matrix of natural areas significant for wildlife habitat, water quality protection, and other reasons. 
      
   3. General Location Standards.
      
      1. Subdivisions shall be designed around both the Natural and Improved Open Space Areas, which together constitute the total required open space. The design process should therefore commence with 1) the delineation of all potential open space, 2) where potential house sites are located, 3) access road alignments are identified, and 4) lot lines drawn in. 
         
         1. Both Natural and Improved Areas shall be placed in undivided preserves, which may adjoin housing areas that have been designed more compactly to create larger areas that may be enjoyed equally by all residents of the development.
            
         2. Undivided open space shall be directly accessible to the largest practical number of lots within a conservation subdivision. To achieve this, the majority of house lots should abut undivided open space in order to provide direct views and access. Safe and convenient pedestrian access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance). Where the undivided open space is designated as separate, noncontiguous parcels, no parcel shall consist of less than three (3) acres in area nor have a length-to-width ratio in excess of 4 to 1, except in areas that are specifically designed as village greens, ballfields, upland buffers to wetlands, waterbodies, buffers, watercourses, or trail links.
            
   4. Interconnected Open Space Network.
      
   5. As these policies are implemented, the protected open spaces in each new subdivision will eventually adjoin each other, ultimately forming an interconnected network of Natural and Open Space Areas across the City.
      
   6. Evaluation Criteria.
      
      1. In evaluating the layout of lots and open space, the following criteria will be considered by the Planning Commission as indicating design appropriate to the site’s natural, historic, and cultural features, and meeting the purposes of this ordinance. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and open space areas. Accordingly, the Planning Commission shall evaluate proposals to determine whether the proposed conceptual preliminary plan:
         1. Protects and serves all floodplains, wetlands, and steep slopes from clearing, grading, filing, or construction (except as may be approved by the City for essential infrastructure or active or passive recreation amenities). 
            
         2. Preserves and maintains mature woodlands, existing fields, pastures, meadows and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses. For example, locating house lots and driveways within wooded areas is generally recommended, with two exceptions. The first involves significant wildlife habitat or mature woodlands that raise an equal or greater preservation concern as described in items below. The second involves predominantly agricultural areas, where remnant tree groups provide the only natural areas for wildlife habitat.
            
         3. If development is to be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads. Other considerations include whether the development will be visually buffered from existing public roads, such as by planting screen consisting of a variety of indigenous native trees, shrubs, and wildflowers (specifications for which should be based upon a close examination of the distribution and frequency of those species found in a typical nearby roadside verge or hedgerow).
            
         4. Maintains or creates an upland buffer of natural species vegetation of at least 50 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds.
            
         5. Designs around existing hedgerows and treelines between fields or meadows and minimize impacts on large woodlands (greater than five acres), especially those containing many mature trees or significant wildlife habitat. Also, woodlands of any size or highly erodible soils with slopes greater than 10% should be avoided. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) In locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable.
            
         6. Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. For example, in open space agrarian landscapes, a deep “no-build, no-plant” buffer is recommended along the public thoroughfare where those views or vistas are prominent or locally significant. The concept of “foreground meadows” with homes facing the public thoroughfare across a broad grassy expanse is strongly preferred to mere buffer strips, with or without berms or vegetative screening. In wooded areas where the sense of enclosure is a feature that should be maintained, a deep “no-build, no-cut” buffer should be respected, to preserve existing vegetation.
            
         7. Avoid siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.
            
         8. Protect wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency and the Utah State Division of Wildlife.
            
         9. Designs around and preserve sites of historic, archaeological, or cultural values, and their environs, insofar as needed to safeguard the character of the feature, such as stone walls, spring houses, barn foundations, cellar holes, earthworks, and burial grounds.
            
         10. Protects rural roadside character and improves public safety and vehicular carrying capacity by discouraging development from coming directly onto existing public roads. Establishes buffer zones along the scenic corridor of rural roads with historic buildings, stone walls, hedgerow, and so on.
             
         11. Landscapes common areas (such as community greens), cul-de-sac islands, and both sides of new streets with native specie shade trees and flowering shrubs with high wildlife conservation value. Deciduous shade trees shall be planted at thirty-foot intervals on both side of each street or equivalent, so that the neighborhood will have a stately and traditional appearance when they grow and mature. These trees shall generally be located between the sidewalk or foot path and the edge of the street, within a planting strip no less than five feet in width.
             
         12. Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots.
             
         13. Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails, which in turn should link with potential open space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable).
             
         14. Provides open space that is reasonably contiguous. Fragmentation of open space should be minimized so that those resource areas are not divided into numerous small parcels located in various parts of the development. To the greatest extent practicable, this land shall be designed as a single block with logical, straight forward boundaries. Long thin strips of conservation land should be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels (such as in other subdivisions, public parks, or properties owned by or leased to private land conservation organizations). Such subdivision open space shall be designed as part of larger contiguous greenway systems, as per the policies of the Land Use Element of the General Plan and the Parks, Recreation and Trails Element of the General Plan.
             

(Adopted: 5/18/99)

The sequence of actions prescribed for Open Space Subdivisions will follow the requirements specified in this section.

1. Pre-Application Discussion.
   
   1. Open Space Layout. In order for a project to be considered under the Open Space Density Ordinance, an applicant must submit to the City a preliminary plan providing a concept showing an open space subdivision layout. The open space layout shall be drawn to scale depicting probable roadways, connections to adjacent properties, open space to be conserved and private building spaces. 
      
   2. Open Space Calculation. The open space layout will provide a preliminary calculation of open space preserved and provide segmented parcels of open space with dimensions for rough verification. 
      
   3. Consultant Cost. Following, the pre-application discussion with staff, a cost will be obtained from the consultant for open space review.
      
   4. Planning Commission Presentation. Each applicant will appear before the Planning Commission and present their proposal after a cost has been obtained from the consultant and a pre-application fee has been paid. At the Planning Commission meeting, the applicant will present the lay-out and receive preliminary feedback from the Commission.
      
2. Sketch Plan.
   
   1. Application Fee. Prior to commencing the sketch plan review process, the applicant shall pay to the City the cost of the consultant review and the sketch plan fee and provide the City with the lay-out plan that is drawn to scale. 
      
   2. Sketch Plan Requirements. The city consultant, in cooperation with the applicant, will incorporate staff and Planning Commission comments about the layout plan to produce a sketch plan.
      
      1. The sketch plan should be based on an accurate map, or aerial photo, showing development boundaries, topography, adjacent properties, recreational integrals and trail connections, important physical features to include natural vegetation, ponds, streams and ditches, wildlife habitats, view sheds, green spaces and the concept of the proposed subdivision. 
         
      2. When trees, groves, waterways, scenic points, historic spots or other City assets and landmarks, as determined by the City, are located within a proposed subdivision, these shall become part of the area designated as open space.
         
      3. The sketch plan shall show the proposed open space with acreage calculation by areas.
         
      4. The sketch plan shall show the proposed private residential space and proposed number of lots within contiguous areas and the total lot count with average, minimum, and maximum lot size. The sketch plan does not include lot lines, but will address building set-backs and roadway profile. All Open Space subdivisions shall be regulated by setbacks as defined in 3-4806 of this Code. (Ord. No. 2010-07, Amended, 06/22/2010)
         
   3. Walkabout. The sketch plan is required before the on site-walkabout.
      
   4. Trails. The sketch plan shall show all trails and each trail profile.
      
   5. Grading Plan. The developer shall provide a grading plan for the building envelopes.
      
3. On-Site Review.
   
   1. Walkabout. After the sketch plan has been prepared, the Planning Commission may schedule a mutually convenient date to walk the property with the applicant and his/her site designer. The purpose of this visit is to familiarize City officials with the property’s special features, and to provide them an informal opportunity to offer guidance (or a least a response) to the applicant regarding the sketch plan.
      
   2. Property Identification. Applicant to have corners of property clearly marked and visible from 200' feet.
      
   3. Sketch Plan. It is the responsibility of the applicant to provide sufficient copies of the sketch plan for distribution to the Planning Commission prior to the Walkabout.
      
4. Pre-Submission Staff Conference.
   
   1. Requirements. The pre-submission conference is required for the applicant to meet with staff and city consultant to review bonus awards. The applicant will bring to the conference all supporting data demonstrating how their proposal qualifies for a bonus density. This will include CC&R’s, playground layout, proposed landscaping and use plan of open space, open space maintenance plan, budget, where applicable shown on a detailed map with off-site improvements.
      
   2. Planning Commission Comments. The applicant will have incorporated appropriate Planning Commission comments from the walkabout.
      
   3. Subdivision Plan Detail. The subdivision plan should show all roadways and private space. It will be at this meeting that the applicant proposes the number of lots anticipated, setbacks are identified, roadway widths are determined, and the exact trail location and profiles are established.
      
   4. Density Bonus Calculation. From the information provided by the applicant, city staff and consultant will prepare the Open Space Density Matrix and prepare a recommendation on total density award.
      
   5. Density Bonus Recommendation. City staff and consultant will prepare a density bonus recommendation for the Planning Commission to be considered at the Sketch Plan Hearing.
      
5. Sketch Plan Hearing (Amended: 5/2/06).
   
   1. Notice. The Planning Commission shall consider the Sketch Plan in a public meeting noticed according to Section 5-3-101(5) of the Development Code. The applicant shall provide a legible vicinity map indicating the exact location of their property and each property within 3 mile (1,320 feet). The map shall include the address of the subject property and shall be part of each notice required for the public hearing.
      
   2. Planning Commission Deliberation. After considering public comment, the Planning Commission will review the sketch plan, recommendation of staff, public comment, and any additional information provided by the applicant on the actual density award. 
      
   3. Planning Commission Recommendation. The Planning Commission, after review of any new items, will make a recommendation on the bonus density award to the City Council. 
      
   4. Plat Review. The Planning Commission may, at this time, act upon the proposed plat as a preliminary plat or require it to return as a preliminary plat at a subsequent meeting.
      
   5. City Council Action. The City Council shall act upon the recommendation of the Planning Commission by concurring, modifying, or denying any and all density bonus award. Once a bonus award has been made by the Council it constitutes a final decision. 
      
   6. Lot Lines. With a bonus award, the applicant will apply lot lines to the sketch plan and may apply for preliminary approval, if not granted in Paragraph 4 above.
      
   7. Sketch Plan Expiration. Application for Preliminary Plat shall be made within 180 calendar days after approval or conditional approval of sketch plan by the Planning Commission. This time period may be extended by the City Zoning Administrator for up to 180 calendar days if the subdivider petitions the City for an extension prior to the expiration date and provided there is compelling evidence that such an extension is in the best interests of the City. Only one extension can be granted.
      
   8. Preliminary Plan and Final Plat. The applicant shall conform to the requirements for submission of a plat according to Sec. 5-4-300 of the Development Code. If Preliminary Plat approval is granted at the Sketch Plan meeting, all requirements for said plat approval, as is outlined in Sections 5-4-301 - 5-4-310, shall be met at that time.
      

(Adopted: 5/18/99) (Amended 3/7/2000)(7/17/01, 5/2/06).

1. General.
   
2. Different ownership options apply to the permanently protected open space created through the development process. The open space shall remain undivided and may be owned and managed by the City or a recognized land trust or conservancy. A public land dedication, not exceeding 10% of the total parcel size, may be required by the City, through this open space to facilitate trail connections. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities and open spaces.
   
3. Ownership Standards.
   
4. Common open space within a development shall be owned, administered, and maintained by any of the following methods, either individually or in combination and subject to approval by the City.
   
   1. Offer a Dedication.
      
      1. The City shall have the first and last offer of dedication of undivided open space in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The City may, but shall not be required to accept undivided open space provided:
         
         1. Such land is accessible to the residents of the City, 
            
         2. There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance; and the City agrees to and has access to maintain such lands.
            
      2. Where the City accepts dedication of common open space that contains improvements, the City may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements per Chapter 6, Guarantee of Performance, in this Code. The amount of financial security shall not exceed twenty percent (20%) of the actual cost of installation of said improvements and according to Chapter 6, Guarantee of Performance, in this Code.
         
   2. Dedication of Easements.
      
      1. The City may, but shall not be required to, accept easements for public use of any portion or portions of undivided open space land, title of which is to remain in ownership by recognized land trust or conservancy, provided;
         
         1. Such land is accessible to City residents,
            
         2. There is no cost of acquisition other than any cost incidental to the transfer of ownership, such as title insurance, and
            
         3. A satisfactory maintenance agreement is reached between the developer, home owners association, and the City.
            
   3. Transfer of Easements to a Private Conservation Organization.
      
      1. With the permission of the City, an owner may transfer easements to a private, nonprofit organization, among whose purpose is to conserve open space and/natural resources, provided that;
         
         1. The organization is acceptable to the City, and is a bona fide conservation organization with perpetual existence;
            
         2. The conveyance contains appropriate provisions for proper reversion or transfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and
            
         3. A maintenance agreement acceptable to the City is entered into by the developer of and the organization.
            
   4. Maintenance Standards.
      
      1. The ultimate owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues, special assessments, etc. 
         
      2. In the event that the trust or any successor organization shall, at any time after establishment of a development containing undivided open space, fail to maintain the undivided open space in reasonable order and condition in accordance with the development plan, the City may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided open space in reasonable condition.
         
      3. Failure to adequately maintain the undivided open space in reasonable order and condition constitutes a violation of this ordinance. The City is hereby authorized to give notice by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within (20) days.
         
      4. Should any bill or bills for maintenance of undivided open space by the City be unpaid by November 1 of each year, a late fee, of fifteen (15%) shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.
         

(Adopted: 5/18/99) (Amended 12/4/01, 5/20/08)