7.2.5 Ownership and Management of Open Space
A. Land set aside as open space in residential developments shall be held in common ownership or dedicated to the public rather than platted as part of individual private lots.
B. Prior to approval of a final plat, a program for continued maintenance of all open space areas shall be submitted. The submission shall include agreements, contracts, deed restrictions, sureties, or other legal instruments acceptable to the City or County, as appropriate, to guarantee the provision and continued maintenance of such common areas and facilities.
C. The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:
1. A permanent conservation easement in favor of either:
a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements (the organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions). If the entity accepting the easement is not the City or the County, then a third party right of enforcement favoring the City or the County shall be included in the easement; or
b. A governmental entity with an interest in pursuing goals compatible with the purposes of this section acceptable to the City or County, as appropriate.
2. A permanent restrictive covenant for conservation purposes in favor of a governmental entity.
3. An equivalent legal tool that provides permanent protection, if approved by the City or County, as appropriate.
4. Dedication of the land to an established homeowner’s association (with legal standing in the property) that accepts permanent maintenance responsibility.
D. The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this Article, as well as any further restrictions the applicant chooses to place on the use of the open space.
E. Open space that has been dedicated to an established homeowner's association can be transferred with a permanent conservation easement to a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements pursuant to paragraph 7.2.5C.1.a above.