(A) It shall be the responsibility of the subdivision association to maintain the commonly owned improvements and land that is not dedicated to a public agency in accordance with the approved subdivision plat. The subdivision covenants and deed restrictions shall contain provisions establishing a subdivision association and describing the responsibilities of the association and individual lot owners with regard to maintenance of the property on a continuing basis in accordance with the approved subdivision plat. The subdivision covenants and deed restrictions shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the subdivision association. Failure to maintain improvements and land in accordance with the approved subdivision plat shall be deemed in violation of the provisions of this chapter.
(B) The applicant shall be required to maintain all improvements of the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the regulatory agency. If there are any certificates of occupancy on a street not dedicated to the regulatory agency, the City may, on twelve (12) hours notice to the subdivider, plow the street or effect emergency repairs and charge same to applicant.
(C) The applicant shall be required to file a maintenance bond with the regulatory agency, prior to dedication, in an amount considered adequate by the regulatory agency and in a form satisfactory to the regulatory agency, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period on one (1) year after the date of their acceptance by the regulatory agency and dedication of same to the regulatory agency.
(Ord. 152, passed 1-19-99)