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In order to promote the visual quality of the city, ensure appropriate retention and maintenance of common facilities, and provide for adequate public park, recreation, and school facilities, all activities regulated under this title shall comply with the following requirements:

A. Site Screening. In order to promote the visual quality of the streetscapes and provide additional buffering from transportation corridors consistent with the city’s comprehensive plan, all activities regulated under this title shall comply with the site screening requirements set forth herein and in Chapter 22.60.

B. Landscaping. Landscape planting plans for a subdivision shall conform to Chapter 22.60 and must be submitted to the city planner for review and to the planning commission and receive the approval of the planning commission before planting is begun.

C. Common Areas and Facilities. Common areas and facilities such as but not limited to parks/open space, storm water detention/retention ponds and bioswales, subdivision entrances containing signage/landscape treatment, critical areas, etc., typically provide a “common” benefit to more than one property owner. In some instances, provision of common facilities may be a requirement of development plan approval and necessary for the provision of services. In order to enable the transfer of property rights or ownership interest to other parties, and ensure the continued provision and maintenance of the common facility for a specific purpose or use, the property upon which the common facilities exist must be delineated as a separate tract or easement for a specific purpose, and the parties with ownership or use interest specified.

General principles for common facilities to be reflected in the proposed development include: Common areas and facilities benefiting more than one party should be designated as a common area/facility and delineated by easement or separate tract, and the ownership/use interest and provisions for maintenance should be specified at the time of platting; ownership and maintenance of common areas/facilities which primarily benefit the residents/property owners within the development should be the responsibility of said residents/property owners; adequate provisions should be included for continued ownership and maintenance of private common facilities; and common facilities which primarily benefit the general public or are considered part of a city facility should be delineated at separate tracts and, unless otherwise specified in the plat conditions, dedicated to the public.

Due consideration shall be given by the applicant, or may be required by the planning commission, for the allocation of suitable areas for common areas and facilities to be dedicated for public use or reserved for the common use of all properties within the subdivision. Dedications for common use and/or ownership may be established by covenants in deeds or delineated on the face of the final plat. Proposed common areas and facilities shall conform to the following:

1. Facilities benefiting more than one property owner shall be considered common areas/facilities, designated by easement or separate tract, and corresponding dedication statements included on the face of the final plat specifying the use for which the easement or tract is created, and assigning ownership and use interest;

2. Common areas/facilities which primarily benefit the residents/property owners within the development, such as subdivision entrances containing signage/landscape treatment, and private parks and recreation facilities shall be considered “private” common areas/facilities and the primary ownership and responsibility for maintenance assigned to said residents/property owners;

3. All private common areas shall be of a size sufficient to accommodate associated facilities;

4. Adequate provisions for ownership and maintenance in the form of statements of easement; conditions, covenants and restrictions; and/or creation of a homeowners’ association shall be specified at the time of platting. The documents shall address continued ownership interest, right of use, responsibility for maintenance, remedies in the event any of the responsible parties fail to perform, and procedures for modification or vacation of easements or tracts and associated facilities not required as a condition of plat approval. The documents shall also include an adequate funding mechanism for those areas/facilities requiring regular maintenance; and

5. Common areas/facilities which are determined by the city to primarily benefit the general public or are considered part of a city facility, such as storm water detention/retention ponds and bioswales, shall be delineated as a separate tract and, unless otherwise specified in the plat conditions, dedicated to the public for future ownership and maintenance.

D. Park and Recreation Facilities. In order to ensure adequate provision for public parks and recreation facilities, park impact fees shall be assessed to all residential development in accordance with Section 2.50.130, Park impact fee. (Ord. 1016-08 § 2).