(A) All facilities and improvements with respect to which the owner and/or development makes an offer of dedication for use, whether private or public, shall be maintained by the owner until such offer of dedication is accepted by the appropriate legal entity or public authority.
(B) (1) The Council may relieve the owner of the requirement of this section if it determines that a property owners association or other similar legal entity has been established for the development and a review of the covenants, restrictions and conditions have been made and are accepted by the Town Council.
(2) Town Council may approve the association once it determines that the association has assumed and/or is capable of performing the obligations set out in the covenants, restrictions and conditions as proposed by the development.
(C) (1) POAs which do not abide by their covenants, restrictions or conditions will first receive a letter of warning from the town.
(D) Areas of conservation easement must be dedicated to a legitimate conservation organization or the town for management upon approval by the Board of Adjustment and the Town Council. POAs will not be allowed to manage their own area(s) of conservation easement.
(Ord. passed 3-14-2005; Ord. passed 9-14-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1007)