11.2. SR 11-19-2007 - Laserfiche WebLink

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ARTICLE V. SUBDIVISIONS* Page 4 of 7 d. Open space shall be maintained free of noxious weeds, litter or debris. e. Open space shall be owned by an individual, homeowners' association, or other legal entity which will use the land for open space purposes pursuant to a conservation easement. f. Open space may be dedicated as a city park with a recommendation by the park and recreation commission, and, if so, shall comply with the city's master park and recreation plan and section 30-327. g. The city shall have the option of requiring that shoreline and areas along streams be included as preserved open space. (3) Homeowners' associations. Where applicable, a homeowners' association shall be established to permanently maintain all preserved open space and recreational facilities. Such homeowners' association management agreements shall be established prior to the sale of any lots. Homeowners' association management agreements shall include the following: a. The agreement shall include a legal description of the common lands or facilities. b. Membership in the association shall be mandatory for all purchasers of homes in the development and their successors. c. The agreement shall include restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions. d. The agreement shall include a mechanism for resolving disputes among the owners or association members. e. The agreement shall provide standards for scheduled maintenance of open spaces. f. The agreement shall provide a plan guaranteeing continuing maintenance of open spaces that shall be submitted to the city council as part of the data requirements for an open space development. g. The agreement shall include a mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes and insurance premiums. h. The agreement shall include the conditions and timing of the transfer of ownership and control of land or facilities to the association or the common ownership. i. Any proposed change in the articles of association or incorporation shall require the prior written approval of the city. j. Any other matters the developer or city deems appropriate shall be included. (4) Park dedication fee requirements. Park dedication fee requirements shall be based upon the total number of house lots platted if fees are paid in lieu of land. (5) Water and sewer systems. a. Water may be provided by individual on-site wells, or by one or more community wells in open space areas, meeting all state department of health requirements. b. Community sewage treatment systems are required and may be located in common open space within an easement. A sewage treatment system http://library2.municode.com/mcc/DocView/13427/1/41/46 11/14/2007