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19.24.040. Open space and common areas

            (1)        Open space and common areas should be held in common via public ownership or by a homeowner's association with a permanent open space easement.

                        (a)        The open space should be large enough for the use of all residents of the project or the general public.  Such spaces should include improvements such as playgrounds, pathways, pavilions, play courts, ball fields, as well as informal spaces, which encourage the use and enjoyment of the open space.  Such areas may include lands, which are buildable, such as prominent ridgelines, views and vistas, and areas of significant native vegetation; or

            (2)        The Planning Commission and City Council shall require the preservation, maintenance, and ownership of all open space through one, or a combination of the following:

                        (a)        Dedication of the land as a public park or parkway system;

                        (b)        Dedication of the land as permanent open space on the recorded plat;

                        (c)        Granting the City a permanent open space easement on the private open spaces to guarantee that the open space remain perpetually in recreation use, with ownership and maintenance being the responsibility of a homeowner's association; or

                        (d)        Through compliance with the provisions of the Condominium Ownership Act as outlined in Title 57 of the Utah Code, which provides for the payment of common expenses for the upkeep of common areas and facilities.

                        (e)        In the event the common open space and other facilities are not maintained in a manner consistent with the approved final PRUD plan, the City may at its option cause such maintenance to be performed and assess the costs to the affected property owners or responsible association.

            (3)        Any changes in use, or arrangement of lots, blocks, and building tracts, or any changes in the provision or type of common open spaces must be submitted for review and approval by the City Council upon recommendation of the Planning Commission.


Ord. No. 06-57, Enacted 12/21/2006Ord. No. 07-19, Amended, 6/21/2007

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