Ordinance 08-07 - Laserfiche WebLink

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development. These uses may also be available to the general public providing the proper approvals are received. The required conservation parcel shall be undivided and restricted in perpetuity from future development. B. The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required: i. parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space. ii. privately-held buildings or structures provided they are accessory to the use of the open space. Shared septic systems and shared potable water systems. C. Road rights of way shall not be counted towards the required minimum open space. D. No more than 50% of the required conservation parcel size may consist of water bodies, flood plain, or wetlands. E. Any portion of the conservation parcel designed to provide plant and animal habitat shall be kept as intact as possible, and enhanced or restored as appropriate. Trails and roads shall be designed to avoid fragmenting these habitat areas. F. Accessible open space in the upland portion of the conservation parcel may be made available for recreational uses such as trails, play fields, or community gardens, but shall be designed and located so as to avoid impacts on sensitive natural and cultural resources. G. Where appropriate, a pathway system connecting open space areas to neighborhood residents and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be required and identified in the development plan. 5. Ownership and Maintenance of Common Facilities. The designated common open space and common facilities may be owned and managed by one or a combination of the following described in this Subdivision. The City may require any one, or a combination of the following, to ensure the long-term maintenance of the conservation parcel and any common facilities. A. Homeowner's Association. A homeowners association shall be established if the common open space is proposed to be owned by a homeowners association. Membership in the association is mandatory for all purchasers of homes in the development and their successors. The homeowners' association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval as part of the information required for the preliminary plat. The homeowners' association bylaws or the declaration of covenants, conditions,and restrictions of the homeowners association shall contain the following information: i. The legal description of the common land; ii. A description of common facilities; iii. The restrictions placed upon the use and enjoyment of the lands or facilities;