To ensure adequate planning for ownership, operation and maintenance of common open space, recreation facilities, storm water management facilities, common parking areas, private streets and other common or community facilities (hereinafter referred to as common facilities), the following regulations shall apply.
(A) Ownership. The following methods may be used, either alone or in combination, to own common facilities. Common facilities shall not be transferred to another entity, except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities. Ownership methods shall conform to one or more of the following:
(1) Homeowner's association;
(2) Condominium agreements;
(3) Dedication of conservation easements to a public agency;
(4) Fee simple dedication to a non-profit conservation organization;
(5) Dedication of conservation easements to a non-profit conservation organization;
(6) Dedication of conservation easements to a recognized civic and our service organization; and
(7) Ownership retained by the original landowner.
(B) Maintenance and operation of common facilities.
(1) A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Township Board. A plan shall:
(a) Define ownership;
(b) Establish necessary regular and periodic operation and maintenance responsibilities;
(c) Estimate staffing needs, insurance requirements and other associated costs and define the means for funding the same on an on-going basis;
(d) Include a land stewardship plan, specifically focusing on the long term management of open space lands; and
(e) At the discretion of the Township Planning Commission, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(2) In the event that the association established to own and maintain common areas and facilities or any successor organization thereto, fails to property maintain all or any portion of the common areas or facilities, the township may serve written notice upon the association setting forth the manner in which the association has failed to maintain the aforesaid common areas and facilities. The notice shall set forth the nature of corrections required and the time within the corrections shall be made. Upon failure to comply, the association or any successor organization shall be considered in violation of this chapter, in which case the township shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the township shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.
(3) Common open space lands may be leased to another person or other entity for use, operation and maintenance; provided that:
(a) The residents of the development shall, at all times, have access to the leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the land;
(b) The common open space lands to be leased shall be maintained for the purposes set forth in this section; and
(c) Lease agreements shall be recorded in the office of the County Register of Deeds within 30 days of the execution, and a copy of the recorded lease shall be filed with the township.
(4) Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement or other agreement in a form acceptable to the township and duly recorded in the office of the County Register of Deeds.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)