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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)
6.5.4.   Responsibilities of Association
Upon transfer of maintenance responsibility, the association shall be responsible for:
   A.   Liability insurance and payment of premiums for liability insurance and local taxes;
   B.   Maintenance of all common elements including, but not limited to, private utilities, private drives, private sidewalks and trails, private streetlights, and private common recreation facilities shown on the preliminary and final plats;
   C.   Maintenance of public streets until such time as the Town or NCDOT agrees to accept the responsibility for street maintenance; and
   D.   Maintenance of a fund intended for the maintenance and repair of community facilities.
(Ord. 2020-36, passed 12-2-2019)
6.5.5.   Procedure for Association Establishment
   A.   Documents for the creation of the association shall be submitted to the Town for review and approval prior to approval of the final plat (see Section 2.2.10, Final Plat). Documentation shall include, but not be limited to the information in Section 6.5.6, Documentation Requirements.
   B.   The association shall be established by the subdivider prior to transfer of maintenance responsibility.
(Ord. 2020-36, passed 12-2-2019)
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