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approval of the final plat, as determined by the City Assessor in <br /> the same manner as he determines the fair market value of land <br /> for tax purposes . <br /> 1008.20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND <br /> MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OPEN <br /> SPACE FACILITIES <br /> Where certain land areas or structures are provided within the <br /> subdivision for private recreational use or as common service <br /> facilities, the owner of such land and buildings shall enter into <br /> an agreement with the city to assure their continued operation <br /> and maintenance to a predetermined reasonable standard. These <br /> common areas may be placed under the ownership of one of the <br /> following depending upon which is more appropriate in the <br /> discretion of the City: <br /> 1. Dedicated to the public where a community-wide use would be <br /> anticipated; or <br /> 2 . Subdivider' s ownership and control; or <br /> 3 . Landowners (Homeowners) Association ownership and control, <br /> provided all of the following conditions are met; <br /> • A. The Landowners (Homeowners) Association must be <br /> established prior to the sale of any lot; <br /> B. Membership must be mandatory for each owner and any <br /> successor in interest; <br /> C. The open space restrictions must be in perpetuity and <br /> not for a specified term of years; <br /> D. The Association must be responsible for liability <br /> insurance, local taxes, and the maintenance of residential <br /> and other facilities; <br /> E. Landowners (Homeowners) must pay their pro rata share <br /> of associated costs and the assessment levied by the <br /> Association shall become a lien on the property in <br /> accordance with the Law; and <br /> F. The Association must be able to adjust the assessment <br /> to meet changed circumstances and needs. <br /> • 1008.22 - IMPROVEMENTS REQUIRED <br /> 10.4246 <br />