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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)
6.5.6.   Documentation Requirements
   A.   The association documents submitted to the Town for review and approval shall include, but not be limited to, the following:
      1.   A declaration of all restrictive covenants, if proposed;
      2.   A declaration of all deed restrictions, if proposed;
      3.   A declaration that the association is responsible for liability insurance and all applicable taxes;
      4.   A declaration of common ownership and maintenance responsibilities of all on-site improvements not dedicated to a local or state agency, including but not limited to drainage systems, wastewater systems, open space set-aside areas, recreational facilities, and private infrastructure;
      5.   A description of the structural organization and operating procedures of the association;
      6.   Association by-laws;
      7.   A legal description of all open space set-asides and other lands owned in common;
      8.   Provisions establishing the legal authority of the association to maintain control over all common areas, common features, and private infrastructure in the subdivision, following transfer of control by the subdivider;
      9.   Provisions authorizing the association to compel contributions from owners in the development to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure;
      10.   Provisions authorizing the association to increase the amount of mandatory fees or assessments, when necessary, for the continued maintenance of common areas, common features, or private infrastructure;
      11.   Provisions authorizing the association to convert any member's unpaid assessments into a lien on the real property; and
      12.   Evidence related to the establishment of a fund to support the continued maintenance and upkeep of common areas, common features, and private infrastructure.
   B.   Following approval of the required documentation by the Town, the subdivider shall record all required documentation with the Wake County Register of Deeds.
(Ord. 2020-36, passed 12-2-2019)
6.5.7.   Membership Requirements
   A.   Following establishment of the association by the subdivider, membership in the association shall be automatic and mandatory for all purchasers of land within the subdivision and their successors in title.
   B.   All members of an association shall be responsible for contributions to the association's reserve fund to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure.
(Ord. 2020-36, passed 12-2-2019)
6.5.8.   Transfer of Maintenance Responsibility
The subdivider shall be responsible for maintenance of all common areas, common features, and private infrastructure until maintenance responsibility is transferred to the association in accordance with the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
6.5.9.   Failure to Maintain is a Violation
Failure to maintain common areas, common features, or infrastructure is a violation of this Ordinance and is subject to the penalties and remedies in Article 8: Enforcement.
(Ord. 2020-36, passed 12-2-2019)
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