KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

17.70.050 CLUSTER SUBDIVISIONS – OPEN SPACE(e)Preservation of marginal building areas, including but not limited to drainage channels, steep slopes or floodplains.(f) Provision of area for pedestrian and bike paths. [Ord. No. 711, §2, 9-18-89. Code 1974 §55.63.040.]17.70.050 General requirements.(a) Required cluster open space shall not be used for the computation of the number of lots permitted in anothersubdivision.(b)(c)Required cluster open space shall be located within the subdivision and shall be designed for public accessalong one (1) or more of the subdivision boundary lines when such open space is dedicated to the public, oraccessible to all subdivision residents if such open space is not dedicated.All portions of the cluster open space not devoted to fences, pedestrian or bike paths, essential services orbuffer yards shall be covered by one (1) or more of the following materials: lawn grass, shrubbery, trees, undisturbedor restored indigenous vegetation or other similar material approved by the planning commission servingas the platting authority. [Ord. No. 711, §2, 9-18-89. Code 1974 §55.63.050.]17.70.060 Ownership and administration of cluster open space.(a) Administrative Options. A combination of one (1) or both of the two (2) options listed in subsections (b) and(c) of this section shall be used to administer the cluster open space. All open space shall be placed under andencumbered with a covenant running with the land or an easement, including but not limited to a conservationor public use easement, to prohibit development of the open space in a manner inconsistent with the requirementsof Chapters 17.60 through 17.85 KGBC, and as determined by the planning commission serving as theplatting authority. The planning commission serving as the platting authority shall approve the proposedmethod of protection, ownership, and administration of the cluster open space.(b)(c)Public Ownership. Cluster open space shall be dedicated to the public unless the planning commission servingas the platting authority determines that the size, location, cost of maintenance of such cluster open space orother considerations would make dedication to the public undesirable. The planning commission serving asthe platting authority may require the dedication of some or all of the cluster open space. For cluster subdivisionslocated within the city of Ketchikan or the city of Saxman, the city manager must recommend any proposeddedication to the public, in writing, to the planning commission serving as the platting authority priorto approval of the preliminary plat for subdivision providing for such dedication.Private Ownership. The following requirements shall apply to cluster open space not dedicated to the public:(1) A homeowners’ association (HOA) shall be formed by the subdivider, who shall convey ownership of thecluster open space to the HOA. The HOA shall thereafter own, administer, inspect, maintain and beresponsible for the open space and any structures thereon. The HOA shall have, and the organizationaldocuments shall so provide, the power to levy and assess a fee on each dwelling unit or dwelling unit lotin order to pay the costs incurred by the HOA in meeting its responsibilities.(2) Membership in the HOA shall be mandatory for any buyer of property within the subdivision. The subdividershall be responsible for paying the assessment fee for any unsold property.(3) Proposed covenants, or legal arrangements providing for the formation and responsibilities of the HOA,as approved by the planning commission serving as the platting authority, shall be recorded with the finalsubdivision plat. [Ord. No. 711, §2, 9-18-89. Code 1974 §55.63.060.]17-50