12.10.1 Final plans shall not be approved until the Planning Board has determined that adequate provisions have been made through legal covenants and restrictions which shall govern a property owners association, or through other legal agreements, that the responsibility for maintenance of streets, utilities, storm water management facilities, drainage ditches or swales, or other area designated as private areas is the responsibility of the property owners association.
12.10.2 Required conditions of property owners associations. Property owners associations or similar legal entities that shall own and maintain park, recreation, and open space areas, streets, utilities, storm water management facilities, drainage ditches or swales, or other areas designated as private areas or as common areas shall be established in such a manner that:
A. Provision for the establishment of the association or similar entity shall be made before any lot in the development is sold or any building occupied;
B. Membership must be mandatory for each property owner within the subdivision;
C. The association shall be responsible for the liability insurance, property taxes, and the maintenance of the areas;
D. Any sums levied by the association that remain unpaid shall become a lien on the individual property owner’s property;
E. If all or any portion of the property held by the association is being disposed of or if the association is dissolved, the passive and active recreation and open space shall be first offered for dedication to the town;
F. The right of use of the passive and active recreation or open space and all improvements shall be guaranteed to each resident of the subdivision; and
G. The declaration of covenants and restrictions that will govern the association shall be submitted for review by the Town Attorney and recorded prior to the recording of any final plats for the subdivision and reference to the deed book and page provided on the plat.
12.10.3 Property owners associations shall be responsible for continuing upkeep and proper maintenance of all private infrastructure facilities and common areas within the respective subdivision.
(Ord. passed 2-3-2021)