(A) Dedicated to homeowner's or property owner's association. Wherever possible, all open space set-aside areas shall be owned jointly or in common by the owners of the development through a recognized homeowner's or property owner's association, which should be established in accordance with the following:
(1) The landowners should submit documents for the creation of the homeowners or property owners association to the city for review , including its bylaws, and all documents governing ownership, maintenance, and use restrictions for the open space set-aside, including a legal description of such areas;
(2) The landowner should agree that the association will be established by the landowner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before approval of the first final plat for subdivision of the land, or building permit, whichever occurs first; and
(3) Membership in the association would be automatic (mandatory) for all purchasers of land therein and their successors in title.
(B) Retained on private lots. All required open space set-aside areas maintained on individual building lots shall be protected as open space through the use of an easement or comparable form of set-aside assurance that insure the open space is maintained as open space set-aside consistent with the requirements of this section. Such open space set-aside shall be clearly marked on the site plan and preliminary and final subdivision plats. Any required open space areas subject to an open space easement shall be credited against any open space set-aside required.
(Ord. 05-10, passed 3-23-10)