10-10-6 Open Space

A. SCPUDs shall provide a minimum open area (“required open space”). Required open space shall be land areas that are not occupied by buildings, structures, parking areas (including private driveways), streets or alleys. Said required open space shall be devoted to landscaping, preservation of natural features, open pavilions, and recreational areas. Required open space areas shall be contiguous, not a collection of remnants, nor the area immediately surrounding housing units (“common area”). B. The required open space requirement for a SCPUD is twenty percent (20%) of the gross acreage of the development. C. The required open space should be large enough for the use of all residents of the development or the general public, if deeded to the city. Such spaces should include improvements such as pathways, pavilions, play courts, and areas of significant native vegetation. Specific improvements shall be approved by the city. D. Areas with natural features worthy of preservation, which are on the development property and not buildable, shall be preserved and may be considered part of the required open space calculation if contiguous to the rest of the development’s required open space. E. Trails are required in SCPUDs. Location of trails shall conform to the city’s Trail and Park Master Plan and the Cache County Trail Master Plan. F. Type of Ownership Allowed for Required Open Space 1. General. Required Open Space in the SCPUD zone shall remain undivided and may be owned and managed by a homeowners' association at the election of the city. The city reserves the option to own and maintain the required open space but is not required to do so. If the city allows a homeowners’ association to own and manage the required open space, a narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, and utilities of the required open space. If, at any time, the ownership of required open space is changed to another form of ownership allowed herein, the ownership change must be approved by the city, and the city must be provided with the first right to accept or acquire the required open space. 2. Ownership Standards. Required 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. a. Offer of Dedication: The city shall have the first and last offer of dedication of required open space. Dedication shall take the form of a fee simple ownership. The city may, but shall not be required to, accept required open space. b. Homeowners' Association (HOA). The required open space and associated facilities as well as lands immediately surrounding housing units or buildings (known as “common area”) shall be held in common ownership by a homeowners' association. (1) The applicant of the subdivision shall provide documentation showing a proforma, articles of organization and by-laws of the intended HOA, prior to the formation of the HOA. (2) The applicant of the subdivision shall endow the newly formed HOA with funds equivalent to ten percent (10%) of the development cost for all common improvements and area of the SCPUD that will be maintained by the HOA. Said funds shall be used by the HOA to operate, maintain, and ensure the HOA as it begins to operate independently of the applicant. Funds shall be deposited in the checking account in the name of the HOA within ten (10) days after the day which the HOA begins to operate independently of the applicant. (3) The HOA shall be responsible for maintenance of insurance and taxes, enforceable by liens placed by the city. (4) In the event of a proposed transfer of required open space by the HOA to the city, notice of such action shall be given to all property owners within the development. (5) All improvements to the required open space held in common or intended to be held in common by the HOA shall be approved by the city, installed, completed, and accepted prior to the beginning of the second phase of construction, or if the project is not phased, prior to sale of all lots. If phasing of the improvements to the required open space is required by the applicant, all incomplete improvements for the required open space shall be secured through a security of performance posted by the applicant. A development plan shall be submitted by the applicant that identifies the timeline and completion of amenities. The city engineer is hereby authorized to set the security of performance in an amount that ensures the completion of said amenities. c. The HOA shall have or hire adequate staff to administer common facilities and properly and continually maintain the required open space. 3. Maintenance Standards a. The owner of the required open space shall be responsible for maintenance and the raising of all monies required for operations, maintenance, and physical improvements to the required open space through annual dues, special assessments, etc. The maintenance organization shall be authorized, under its bylaws, to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc. b. In the event the maintenance organization, or any successor organization, shall, at any time after establishment of a development containing required open space, fail to maintain the required 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 required open space in reasonable condition. c. Failure to adequately maintain the required open space in reasonable order and condition constitutes a violation of this title. The city is hereby authorized to give notice, by personal delivery or by United States postal service, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same. Further, the city shall be authorized to correct the maintenance violation of the required open space and bill the owner or occupant. d. Should any city bill for maintenance of the required open space be unpaid by January 1 of each year, a lien shall be filed against the premises in the same manner as other municipal claims. A late fee of fifteen percent (15%) annually shall be added to such bills, and the city shall be entitled to recover any costs and attorney fees incurred collecting or recovering any such amounts due to the city. e. The following shall be fulfilled and shall be recorded on the face of the final plat: “If, at any time, the ownership of required open space is changed to another form of ownership allowed by River Heights City in its Senior Citizen Planned Unit Development ordinance, the ownership change must be approved by the city and the city must be provided the first right to accept or acquire the required open space.”