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ARTICLE 7: PLANNED UNIT DEVELOPMENTS
SECTION 708 COMMON OPEN SPACE STANDARDS
A. In Residential Planned Unit Developments there shall be a minimum of 25% of the site, excluding roads, parking areas or commercial uses, set aside, dedicated, or reserved as common open spaces. This percentage may be considered part of the landscaped area required in Section 706.
B. No open area may be accepted as common open space within a Planned Unit Development unless it meets the following requirements.
1) The location, size and character of the common open space is suitable for the planned development.
2) The common open space is for amenity or recreational purposes and the uses authorized are appropriate to the scale and character of the Planned Unit Development considering its size, density, expected population, topography, and the number and type of dwellings provided.
3) Common open space will be suitably improved for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures, and improvements to be permitted in the common open space are appropriate to the uses authorized for the common open space and will conserve and enhance the amenities of the open space having regard for its topography and unimproved condition.
4) No more than one-half of the common open space requirement may be met with land having slopes exceeding 25% or with submerged, marshy or boggy land.
5) The development schedule which is part of the development plan shall coordinate the improvement of the common open space and the construction of buildings and other structures in the common open space with the construction of residential dwellings in the Planned Unit Development.
6) If building structures or other improvements are to be made in the common open space, the developer shall post a bond or other adequate assurance that the buildings, structures and improvements shall be completed. The Planning Department shall release the bond or other assurances when the buildings, structures, and other improvements have been completed according to the development plan.
C. Land shown on the final development plan as common open space shall be conveyed to an association of owners or tenants created as a nonprofit corporation under the laws of the State, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the County Legal Counsel as providing for the continuing care of the open space. Such an association shall be formed and continued in perpetuity for the purpose of maintaining the common open space.
D. No common open space may be put to a use not specified in the final development plan unless said plan is first amended to permit the use. However, no change of use may be considered a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted are expressly reserved by Baker County.
E. Deed restrictions shall be placed on Planned Unit Development lots and the remaining land:
1) To commit the open land and resource land to continued management and preservation of such use; and
2) To acknowledge that the development rights to the common open space land have been utilized and no further developments may occur beyond the allowable density established by this Ordinance; and
3) The governing body of Baker County shall be a party to these restrictions; and
4) Any Amendment to these restrictions may only occur with the consent of all parties including the Baker County Court.