Unified Development Ordinance

Sec. 2.5.7. Ownership and Management of Open Space

Sec. 2.5.7. Ownership and Management of Open Space aaron.sheppard… Tue, 05/23/2023 - 09:42
  1. Ownership
    Required open space must be owned and maintained by one of the following entities:
    1. Land Conservancy or Land Trust
      A bona fide land conservancy or land trust with the legal authority may own the open space. The responsibility for maintaining the open space and any facilities may be borne by a land conservancy or land trust.
    2. Homeowners' Association
      A homeowners' association representing residents of the development may own the open space. The homeowners' association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities is borne by the homeowners' association.
  2. Conveyance
    The conveyance of common open space shall be in accordance with the following:
    1. Open space shall be conveyed to the land conservancy or homeowners' association in fee simple without any encumbrances except drainage, greenway and utility easements. Title to the real property shall be conveyed no later than the time of the conveyance of the first lot within the applicable phase of the development.
    2. Open space shall be preserved for the perpetual benefit of the residents within the development and it shall be restricted against private or public ownership for any other purpose except acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage and greenway easements.
  3. Dissolution
    If the homeowner’s association is dissolved, the open space may be offered to another entity who shall be responsible for the maintenance and upkeep of the open space. If no other offer is accepted, the open space shall be offered to the City and if accepted, deeded to the City.