OPEN SPACE is land and/or water bodies used for recreation amenity or buffer; it shall be freely accessible to all residents of a development, where required by this chapter. Buildings or structures, road, parking or road right-of-way shall not occupy open space; nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

Where specifically required by this chapter, an open space plan shall be submitted as part of the application for a building permit. The plan shall:

(A)

Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical and design characteristics of the site.

(B)

Designate the type of open space, which will be provided.

(C)

Specify the manner in which the open space shall be perpetuated, maintained, and administered.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

(A)

Land designated as common open space may not be separately sold, subdivided, or developed. Open space areas shall be maintained so that their use and enjoyment as open space is not diminished or destroyed.

(B)

Open space areas may be owned, preserved, and maintained as required by this section, by any of the following mechanisms, or combinations thereof:

(1)

Dedication of open space on acceptance by the city.

(2)

Common ownership of the open space by a homeowner's association, which assumes full responsibility for its maintenance.

(3)

Deed restricted, private ownership, which shall prevent development and/or subsequent subdivision of the open, space lane and provide the maintenance responsibility.

(C)

In the event that any private owner of open space fails to maintain same, the city may, in accordance with the open space plan and following reasonable notice and demand that deficiency of maintenance be corrected, enter the open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)