(A) The Planning Commission may as a condition of approval require that suitable areas for schools, parks and playgrounds be set aside, unproved, and dedicated for public use, or be reserved for the owners, residents and establishments in the development by deed restrictions.
(B) (1) Whenever group or common open space is provided, whether required or not, the Planning Commission may, as a condition of approval, require that an incorporated nonprofit homeowners’ association be established prior to any sale of land or facilities for the purpose of maintaining the open space.
(2) The association may also undertake other legal and proper functions. Agreements and covenants running with the land shall include provisions for automatic membership and charges to be levied for carrying out of the specified functions and administrative expenses.
(3) The association shall be responsible for levying, collecting and disbursing funds and for enforcement of the agreements.
(4) The agreements and covenants shall operate for a minimum of 20 years with a provision for automatic extension, except upon a majority vote for termination, upon which occasion the mutually owned properties will automatically go to public ownership.
(5) The town shall be a party of interest in any such development and may by mandatory injunction enforce the provisions in this section.
(C) To assure that open space shall be available for the entire developed planned development district, public sites and development rights to required open spaces shall be dedicated in advance of development. In any event, whether a subdivision map is required or not, dedication of public sites and development rights to required open spaces for the entire district shall be made before the building permit is issued.
(D) Other dedications for street, utility, flood control, rights-of-way and/or easements and other public purposes, may also be required before the issuance of the first building permit.
(Prior Code, § 17.58.130) (Ord. 352, passed - -1973)