Subdivision, development, and redevelopment applications which propose common facilities, including, but not limited to entrance signs, landscaped areas, fences, recreation facilities and other common amenities or features, shall establish a property owners' association responsible for the perpetual maintenance of such features. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement or development other than indicated on the approved subdivision, development, or redevelopment plan. The restrictions shall be permanent, not for a given number of years, and shall run with the land.
(A) Subdivision entrance signs. Subdivisions may include entrance and other identification signs, as specifically authorized in the zoning ordinance. Entrance signs shall not be located in any public right-of-way, but, rather, shall be located on an outlot or within a property owners' association easement. No entrance sign shall be permitted which would obstruct sight distance on any public or private street.
(B) Common landscaping areas. Subdivision applications which propose landscaped areas which are intended to serve as a permanent buffer, as may be required in the zoning ordinance, or as a common amenity shall locate such landscape areas within common open space areas or within a property owners' association easement. These provisions shall not be deemed to apply to landscaping provided for individual single-family lots.
(C) Common fencing and screening. Subdivision applications which propose uniform fencing and screening methods, particularly along public or private streets, shall locate such fences within a common open space area or within a property owners' association easement. The property owners' association shall be responsible for ensuring that a uniform fence or wall design is maintained.
(D) Common recreation facilities. Subdivision applications which propose the construction of common recreational facilities, including, but not limited to tennis courts, tot lots, swimming pools, and clubhouses shall locate all such facilities in a common open space area. A property owners' association shall be established to be responsible for the perpetual maintenance of any common recreational facilities. The village may require that a performance guarantee be established to ensure the construction of any such facilities in a timely manner.
(E) Standards for establishment of association. When the requirements of this section are to be satisfied by the establishment of a property owners' association, such association shall meet each of the following standards.
(1) The by-laws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved by the Comptroller, as specified in the development agreement. Each such document shall provide that it shall not be amended in any manner that would result in a violation of the requirements of this division.
(2) The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the subdivision designated to have the exclusive use of the proposed open space or improvements.
(3) The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.
(4) Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.
(5) Every property having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with state statutes.
(6) The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than 51% of the members voting on the issue.
(7) The village must be given the right to enforce the covenants.
(8) The village must be given the right, after ten days' written notice to the association: to perform any maintenance or repair work that the association has neglected to perform; to assess the membership for such work; and to have a lien placed against the property of any member failing to pay such assessment. For this purpose alone, the village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
(Ord. 7-42, passed 6-20-07)