(a) Provisions for Ownership. The Planning Commission will review the form of ownership being proposed for any permanently dedicated Open Space, or Common Areas (including areas reserved for designated public use). The type of ownership may include:
(1) Dedicated to a public entity, subject to the entity's acceptance;
(2) Owned jointly or in common by the owners with an Owners' Association;
(3) Owned by a quasi-public organization, such as a non-profit land trust.
(b) Prohibition of Further Subdivision of Restricted Open Space. Any lands dedicated for Open Space, park or other public purpose in a residential Subdivision (including conventional or planned residential developments) shall have appropriate covenants, bylaws, conservation easements and/ or deed restrictions reviewed and approved by the County Department of Law and filed with the Final Plat and recorded with the County ensuring that:
(1) The Open Space, park, or other public purpose area will not be further subdivided in the future;
(2) The use of the Open Space, park or other public purpose land will continue in perpetuity for the purpose specified;
(3) Appropriate provisions will be made for the maintenance, repair and liability of the Open Space, park or other public purpose area;
(4) Common undeveloped Open Space or park land shall not be turned into a commercial enterprise admitting the general public for a fee;
(5) Homeowners in the development shall have adequate access to the Open Space, park or other public purpose land.
(6) Any lands dedicated for Open Space, park or other public purpose in a Subdivision shall be shown on the Final Plat.
(c) Maintenance by Owners' Association. If an Owners' Association is established for the ownership and maintenance of Open Space, the Owners' Association Agreement must guarantee the continuing maintenance, repair and liability for the Open Space. The Owners' Association shall be established before any lot/parcel in the Subdivision is sold or any dwelling unit is occupied. As each lot/parcel is sold, the purchaser must become a member of the Owners' Association and this membership shall be written into the deed and run with the land in perpetuity. The Owners' Association Agreement must be submitted to the Planning Commission for review prior to or in conjunction with submission of the Final Plat. The Owners' Association's covenants, restrictions and bylaws, shall be filed with the Final Plat and recorded with the Fiscal Office.
(1) Specific Provisions in Owners' Agreement.
A. Owners' Association must be responsible and accept liability for construction, repair and maintenance, including cost thereof, insurance and taxes on Open Areas.
B. Owners' Association must agree to defend, indemnify and hold harmless all governmental bodies for any and all claims of any kind that may arise related to the Common Areas.
(2) Draft Agreement must be submitted to the Planning Commission at the Preliminary Plan stage.
(d) Maintenance of Open Space Areas. The owners of the Development property as approved in Section 1106.04(a) above shall be responsible for maintenance, repair and liability of all Open Space and park land. An Owners' Association may be established for the purpose of permanently maintaining, repairing and being liable for all Open Space and non-commercial recreation facilities. Such Owner Association agreements, guaranteeing continuing maintenance, repair and liability shall be submitted to the Planning Commission for approval prior to the issuance of any Subdivision Final Plat approvals. (See also Section 1106.04(e), Owners' Association).
(e) Owners' Association. An Owners' Association is a viable tool for owning and maintaining various aspects of a Subdivision including but not limited to, Common Areas and Open Space, private roads, sidewalks/walkways and landscape elements (e.g. gateways, buffers,) Planned Residential Developments with any private streets shall provide for the establishment of an Owners' Association as part of Preliminary Plan and Final Plat approval.
(1) Roles and Responsibilities. Dedicated Open Space created through the Subdivision process shall remain undivided and may be owned and managed by an Owners' Association. The Owners' Association shall be responsible and liable for any and all construction, repair, replacement, maintenance, insurance, taxes and costs of any kind or nature on Common Areas including but not limited to: Open Space, recreation facilities, private roads and private community water and sewer systems. The Owners' Association shall indemnify, defend and hold harmless all governmental bodies for any and all claims of any kind or nature that may arise or are related to the Common Areas.
(2) A preliminary document including bylaws shall be submitted by the Developer at the Preliminary Plan Stage. If open space is owned and maintained by a Home Owners' Association, the Developer shall file a declaration of Covenants, Restrictions and bylaws that will govern the association, to be submitted with the application for Preliminary Plan approval. The provisions shall include but are not necessarily limited to the following. The Owners' Association shall be established before any lot/parcel in the Subdivision is sold or any dwelling unit is occupied. Once established, the Owners' Association shall maintain and exercise control over Common Areas, Open Space and facilities. As each lot/parcel is sold, the purchaser must become a member of the Owners' Association and this membership shall be written into the deed and run with the land in perpetuity. Owners' must pay a pro rate share of required costs and any assessment levied by the Owners' Association can become a lien on the property if not paid. These covenants and restrictions and bylaws, shall be filed with the Final Plat and recorded with the Fiscal Office.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)