11E-526 Special Improvement Provisions Parks, School Sites and Other Public Places

In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds, and other areas for public use. Any provision for such open spaces should be indicated on the preliminary plan in order that it may be determined when and in what manner such areas will be dedicated to, or acquired by, the appropriate agency. Additionally, some developers of subdivisions may want to provide common or other open spaces as amenities in the subdivision or to designate certain areas as Non-Buildable Areas within the subdivision for a variety of reasons (See definition for Non-Buildable Areas in 11A-200-92). In any case, the following paragraphs regulate the manner by which common or otherwise open spaces may be designated and ownership and maintenance of such is ensured. Design standards. The design of the preliminary and final plats of subdivisions for lots, condominiums and townhouses in relation to streets, blocks, lots, common areas and open spaces and other design factors shall be in harmony with the intent of Zoning Ordinances, elements of the General Plan that have been adopted, and design standards recommended by the Planning Commission. Streets shall be so designated as to take advantage of open space vistas and to create drives with a rural or open space character. A. Provisions for Common Open Space. The subdivider of a subdivision shall submit plans of landscaping and improvements for any Common Open Space to be so designated within the subdivision. The Developer shall also explain the intended use of the open space and provide detailed provisions of how the improvements thereon area to be financed, the planned future ownership of the Improvements thereon are to be financed, the planned future ownership of the land, and how the area is to be maintained. The Planning Commission may place whatever additional conditions or restrictions it may deem necessary to ensure development and maintenance of the property, including plans for disposition or re-use of property if the open space use is not maintained in the manner agreed upon or is abandoned by the owners. An open space usage management plan shall be provided for approval of the Commission. B. Guarantee of Common Areas and Open Space Improvements. As assurance of completion of common areas and open space improvements, the subdivider may be required to file with the Town Recorder a cash bond or performance bond, guaranteeing such completion within two (2) years of such filing, in a manner satisfactory to the Planning Commission. Upon completion of the improvements For which a cash bond or performance bond has been filed, the subdivider shall call for inspection by the Planning Commission, such inspection to be made within fourteen (14) days from the date of request. If inspection shows that landscaping and construction have been completed in compliance with the approved plan, the cash bond or performance bond therefore shall be released. If the cash bond or performance bond is not released, refusal to release and reasons therefore shall be given the subdivider in writing. C. Maintenance of Common Areas and Open Space, etc. Assurance of maintenance of the common areas and open space and other improvements where so required. If any designated Open Space or designated Non-Buildable Areas are to be part of a lot, and thus owned by a single owner, such should be so designated on the plat. In the even Common Areas, other Open Spaces, or Non-Buildable Areas are to be owned by other than a single owner, the subdivider shall cause to be formed prior to the recording of the final plat, a Lot Owners Association, and shall establish articles of incorporation of the Association, bylaws and covenants outlining the purpose, organization and operation of the Association. Such articles of incorporation and covenants shall, among other things, provide: 1. That membership shall be mandatory for each lot purchases and any successive buyer; 2. That Common Areas and Open Space restrictions must be permanent, not just for a period of years, except in the event such Common Areas or Open Space are to be dedicated to the City for public use, and doing so is approved by the City and the required members of Lot Owners Association as provided for in its bylaws and covenants; 3. That the Association must be responsible for liability insurance local taxes, and the maintenance of recreational and other facilities; 4. That lot owners must pay their pro rata share of the costs; 5. That the assessment levied by the Association can become a lien on the property. 6. That the Association must be able to adjust the assessment to meet changed needs. 7. In the event that the Lot Owners Association does not maintain the common areas or open space and improvements as proposed and indicated at the time of subdivision, the Town may, at its option, do or contract to have done the required maintenance and recover the costs incident hereto by means of a lien against the involved properties of the members of the Lot Owners Association. D. The designated open or common space land reserved shall either be granted through easement to the owners of the project area for the use of each owner who buys property within the development or dedicated to the public and retained as open space for parks, recreation, and related uses. Public utility and similar easements and rights-of-way for water courses and other similar channels may be designated as dedicated for public use when such land or right-of-way is usable as a trail or other similar purpose and approved by the Council. The developer, before approval of the final plat, shall specify the responsibility for the maintenance of all common or open spaces. E. Building Height - No building or structure shall exceed the height the zone allows. (This ordinance was updated January 14, 2021)