(a) Any further subdivision of the private open space for uses other than those prescribed in this chapter, the approved certificate, or the approved plat shall be prohibited.
(b) In all cases, the long term control and protection of the open space shall be accomplished through the use of a conservation easement.
(c) Conservation easements.
(1) At the time when an applicant records the plat for the approved subdivision, a conservation easement shall be placed on all lands and private waters used to satisfy the private open space requirement.
(2) For development that does not require a plat, the applicant shall be required to record the conservation easement before a certificate of occupancy is issued.
(3) The conservation easement shall:
A. Run with the land, regardless of ownership;
B. Provide for protection of the land in perpetuity;
C. Be granted and deeded to the City, Butler or Warren County, State, park district, a City approved land trust, or other qualified organization approved by the Planning Commission;
D. Shall not, in any way, imply the right of public access or any other right or duty not expressly established by the terms of the easement.
(4) While the City, Butler or Warren County, State, park district, City approved land trust, or other qualified organization may hold the conservation easement, the property itself shall still be owned by the original property owner, the applicant, or a homeowners' or property owners' association. If it is to be owned by an association, the association's documents shall be recorded with the subdivision plat or prior to issuance of the certificate of occupancy. A copy shall be submitted to the Development Code Administrator to be maintained as part of the City's records.
(5) The conservation easement shall include information on how the property will be maintained by the applicant or owner and shall also state that failure to maintain the property in accordance with the conservation easement agreements shall be considered a violation of this code. In addition, the holder of the easement may pursue any remedy provided by law or equity, including, but not limited to, the remedies in R.C. § 5301.70.
(d) Homeowners', property owners', or condominium associations.
(1) A homeowners', property owners', or condominium association shall be established to permanently maintain all open space and common areas if such areas are not transferred to, and accepted by, the City, Butler or Warren County, State, park district, City approved land trust, or other qualified organization.
(2) All homeowners', property owners', or condominium association agreements shall be submitted to the Development Code Administrator as part of the subdivision or certificate of zoning compliance application, whichever is applicable. No set of proposed covenants, articles of incorporation, or bylaws of such an association shall permit the abrogation of any duties set forth in this section.
(3) All homeowners', property owners', or condominium associations shall guarantee the maintenance of all open space and common areas within the boundaries of the development through the deed restrictions or covenants.
(4) Membership in the association shall be mandatory for all purchasers of lots or units in the subdivision or development.
(5) The association shall be responsible for maintenance, control, and insurance of all common areas, including required open space.
(6) In the event that the homeowners', property owners', or condominium association no longer maintains the common areas and open space in a neat and orderly manner, or if the association goes defunct, the City may take over maintenance and assess a fee to cover the costs of such maintenance. The fee shall be assessed to each of the benefitting property owners within the subdivision or development.
(Ord. O2018-02, passed 2-20-2018)