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6.4.5.   Open Space Set-Aside Credits
Land area dedicated to the Town for use as a greenway shall be credited towards applicable active, passive, and urban open space set-aside requirements in Section 5.7, Open Space.
(Ord. 2020-36, passed 12-2-2019)
6.5   OWNERS’ ASSOCIATION
6.5.1.   Purpose
The purpose of this section is to set out the requirements for establishment of a homeowners' or property owners' association (hereinafter "association") that shall be responsible for the long-term maintenance of common areas, common features, and private infrastructure in a subdivision.
(Ord. 2020-36, passed 12-2-2019)
6.5.2.   Applicability
The standards in this section shall apply to subdivisions with open space set-aside(s), lands held under common ownership, or shared responsibility for common infrastructure where the subdivider or developer will not remain responsible for maintenance of any of the following lands or infrastructure:
   A.   Stormwater control mechanisms;
   B.   Private potable water systems;
   C.   Private sewage system features (such as pump stations serving only the development where located);
   D.   Cluster mailbox units;
   E.   Commonly-held off-street parking facilities; and
   F.   Open space set-asides.
(Ord. 2020-36, passed 12-2-2019)
6.5.3.   Creation Required
   A.   In cases where a landowner or subdivider will not retain maintenance responsibility of all lands and site features in a development, a homeowners' or property owners' association shall be established in areas that have private open space set-asides or shared private infrastructure.
   B.   Associations established in accordance with these provisions are required to accept ownership and maintenance responsibility of all open space set-aside(s), shared infrastructure, or common areas within a development.
   C.   The association shall be in legal existence prior to the transfer of maintenance responsibility.
(Ord. 2020-36, passed 12-2-2019)
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