95-015 ORD - Laserfiche WebLink

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e Where certain land areas or structures are provided within the subdivision for private recreational use or as common service facilities, the owner of such land and buildings shall enter into an agreement with the city to assure their continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate in the discretion of the City: 1. Dedicated to the public where a community-wide use would be anticipated; or 2. Subdivider's ownership and control; or 3. Landowners (Homeowners) Association ownership and control, provided all of the following conditions are met: A. The Landowners (Homeowners) Association must be established prior to the sale of any lot; B. Membership must be mandatory for each owner and any successor in interest; e C. The open space restrictions must be in perpetuity and not for a specified term of years; D. The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities; E. Landowners (Homeowners) must pay their pro rata share of associated costs and the assessment levied by the Association shall become a lien on the property in accordance with the Law; and F. The Association must be able to adjust the assessment to meet changed circumstances and needs. 1008.22 - IMPROVEMENTS REQUIRED e 1. Improvements Listed and Described. Prior to the recording of a final plat approved by the City Council as the Platting Authority under the Law, the subdivider shall have agreed in the manner set forth in this Section 1008.22 to cause the following improvements to be installed in conformity with construction plans approved by the City Engineer and in conformity with all applicable standards and ordinances of the City. 10.44