§ 28-1761. Open space and landscaped yards.

(1)

All open space required by this article shall be either private, reserved for common use, or dedicated to the public. All required open space shall be reserved as such through appropriate deed restrictions which cannot be removed without the consent of the city.

(2)

Private open space shall be owned in fee simple title as part of a lot or parcel in private ownership. The use of private open space shall be reserved and limited through appropriate deed restrictions to the uses set forth in section 28-1724(h). The deed restriction shall require the property owner to perpetually maintain the private open space.

(3)

All open space reserved for common use shall ultimately be owned in fee simple by an association of property owners within the PD plat. The association shall be established by the applicant and all organizational documents, including but not limited to articles of incorporation, bylaws and restrictive deed covenants, shall be submitted to the city attorney for approval prior to recording in the public records of the county and filing with the secretary of state. The association shall be responsible for the maintenance of all common spaces. The association shall be empowered to assess reasonable maintenance fees upon the owners of real property within the PD plat for the maintenance of the common open space. Additionally:

(a)

All open space reserved for common use shall be conveyed to the association prior to or at the time when 2/3 of all the dwelling units if a PUD or 2/3 of the building sites of the PD plat under development have been sold. Conveyance shall be by a general warranty deed in fee simple absolute, acceptable to the city attorney. The deed shall include a deed restriction providing for the perpetual maintenance of the common open space by the organization.

(b)

The association may offer to convey the common open space to the city at no cost. If the city accepts the offer, then the conveyance shall be by general warranty deed in fee simple absolute, acceptable to the city attorney. Upon acceptance, the open space shall be available for use by the general public. The city shall not accept a conveyance of common open space unless arrangements acceptable to it are made for the continued maintenance of the open space, which arrangements may include maintenance by the city.

(4)

Open space dedicated to the public shall be open to the general public.

(5)

All landscaped yards shall be owned in fee simple as part of an approved lot or parcel, and the landscaped yards shall be reserved and limited through appropriate deed restriction to the uses set forth in section 28-1724(g). The deed restrictions shall require the property owner to perpetually maintain the landscaping as set forth in section 28-1724(h) and shall grant to the city the right to enforce the landscape requirements.

(Ord. No. 3247, § 1, 9-27-83)