Different ownership and management options apply to the permanently protected common open space created through the PCND development process. The common open space shall remain undivided and may be owned and managed by a homeowners association, the City, or a recognized land trust or conservation district (conservancy). A public land dedication, not exceeding 10 percent of the total parcel size, may be required by the City to facilitate trail or greenway connections. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open spaces.
(a) Ownership Standards. Common open space within the PCND development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the City.
(1) Offer of Dedication. The Municipality shall have the first offer of dedication of undivided common open space in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The Municipality may, but not be required to accept undivided common open space provided:
A. Such land is accessible to all the residents of the City;
B. There is no cost of acquisition other than incidental costs related to the transfer of ownership;
C. The City agrees to maintain such lands. Where the City accepts dedication of common open space that contains improvements, the City may require the posting of financial security to ensure structural integrity of improvements for a term not to exceed eighteen (18) months.
(2) Homeowners Association. The undivided common open space and associated facilities may be held in common ownership by a homeowners association. The association shall be formed and operated under the following provisions:
A. The developer shall provide a description of the association, including its bylaws and methods for maintaining the common open space.
B. The association shall be organized by the developer and shall be operated by the developer, before the sale of any lots within the development.
C. Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
D. The association shall be responsible for maintenance of insurance and taxes on the undivided common open space, enforceable by liens placed by the City on the association. The association may establish rules to ensure proper maintenance of property, including monetary liens on the homes and home sites of its members who fail to pay their association dues in a timely manner. Such liens may impose a penalty of interest charges.
E. The members of the association shall share equitably the costs of maintaining and developing, where appropriate, such undivided common open space. Shares shall be defined within the association bylaws.
F. In the event of transfer, within the methods here permitted, of undivided common open space land by the homeowners association, or the assumption of maintenance of undivided common open space land by the City, notice of such pending action shall be given to all property owners within the development.
G. The association shall provide for adequate staff to administer common facilities and property and continually maintain the undivided common open space.
H. The lease shall be subject to the approval of the homeowners association board and any transfer or assignment of the lease shall be further subject to the approval of the board. Lease agreements shall be recorded with the Belmont County Recorders Office and notification shall be provided to the Municipal Council within thirty (30) days of action by the board.
I. The homeowners association may lease common open space lands to any other qualified person, or corporation, for operation and maintenance of common open space lands, but such a lease agreement shall provide:
1. That the residents of the development shall at all times have access to the common open space lands contained therein (except croplands during the growing season)
2. That the undivided common open space shall be maintained for purposes set forth in this Chapter; and,
3. That the operation of common open space facilities may be for the benefit of the residents only, or may be open to all residents of the City, at the election of the developer and/or homeowners association. In cases where public trails or paths are provided as linkage between developments or as a continuous link of common open space within the City, all residents of the City shall have access to such identified paths/walkways.
(3) Condominiums. The undivided common open space and associated facilities may be controlled through the use of condominium agreements, approved by the Municipality. Such agreements shall be in conformance with all applicable laws and regulations. All undivided common open space land shall be held as a “common element”.
(4) Dedication of Easements. The Municipality may, but shall not be required to, accept easements for public use of any portion or portions of undivided common open space land, title of which is to remain in ownership by condominium or homeowners association, provided:
A. Such land is accessible to Municipal residents;
B. There is no cost of acquisition other than incidental transfer of ownership costs;
C. A satisfactory maintenance agreement is reached between the developer, association and the Municipality.
(5) Transfer of Easements to a Private Conservation Organization. With the permission of the Municipality, an owner may transfer easements to a private, nonprofit organization, among whose purposes it is to conserve open space and/or natural resources, provided that:
A. The organization is acceptable to the Municipality, and is a bona fide conservation organization with perpetual existence;
B. The conveyance contains appropriate provisions for the proper reverter or retransfer in the event that organization becomes unwilling or unable to continue carrying out its function; and,
C. A maintenance agreement acceptable to the Municipal Council is entered into by the developer and the organization.