(A) If a subdivision, created under the subdivision regulations, contains common property or private streets then the property owners shall enter into an agreement providing for the ownership and maintenance of the common property and private street(s) for so long as held in such capacity. Such agreement shall be approved by the Planning Commission, it shall be recorded after approval in the office of the County Court Clerk with the real estate records. The agreement shall contain, as a minimum, the following:
(1) The names of the owners of the common property or private streets;
(2) A metes and bounds legal description of the property, including source of title, comprising the subdivision containing the common property or private streets;
(3) Terms providing for the proper care and maintenance of the common property or private streets;
(4) A sketch plan of the proposed development at a scale of one inch equals 100 inches or less clearly showing the development and the designated common property or private streets.
(B) Nothing in this section shall impose or create liability on the part of the Planning Commission or the legislative bodies for the care, maintenance or ownership of the common property or private streets.
(Ord. 665-98, passed 12-21-1998; Ord. 784-12, passed 8-13-2012)