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7.2. SR 07-24-1995
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7.2. SR 07-24-1995
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7/24/1995
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the City. These areas will not be credited towards any park <br />dedication requirements. <br />3. Whenever a trail and/or sidewalk is required as part of an <br />approved subdivision the developer shall be responsible to <br />construct said improvement along with the public improvements <br />to serve the subdivision. <br />1008.20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND <br />MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OFEN <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 and <br />maintenance to a predetermined reasonable standard. These common <br />areas may be placed under the ownership of one of the following, <br />depending upon which is more appropriate in the discretion of the <br />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 <br />residential 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 /> <br />10.42 <br />s : do current: ordinance:100816 <br />
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