Laserfiche WebLink
the common open space is proposed to be owned by a homeowners <br /> association. Membership in the association is mandatory for all purchasers of <br /> homes in the development and their successors. The homeowners' association <br /> bylaws, guaranteeing continuing maintenance of the open space and other <br /> common facilities, and the declaration of covenants, conditions and <br /> restrictions of the homeowners association shall be submitted for approval as <br /> part of the information required for the preliminary plat. The homeowners' <br /> association bylaws or the declaration of covenants, conditions, and restrictions <br /> of the homeowners association shall contain the following information: <br /> i. The legal description of the common land; <br /> ii. A description of common facilities; <br /> iii. The restrictions placed upon the use and enjoyment of the lands or <br /> facilities; <br /> iv. Persons or entities entitled to enforce the restrictions; <br /> v. A mechanism to assess and enforce the common expenses for the land <br /> or facilities including upkeep and maintenance expenses, real estate <br /> taxes, and insurance premiums; <br /> vi. A mechanism for resolving disputes among the owners or association <br /> members; <br /> vii. The conditions and timing of the transfer of ownership and control of <br /> land facilities to the association; <br /> viii. Any other matter the developer deems appropriate. <br /> B. A Nonprofit Conservation Organization. If the common open space is to be <br /> held by a nonprofit conservation organization, the organization must be <br /> approved by the City. The conveyance to the nonprofit conservation <br /> organization must contain appropriate provisions for reversion in the event <br /> that the organization becomes unwilling or unable to uphold the terms of the <br /> conveyance. <br /> C. Public Dedication of Open Space and Streets. The City may accept the <br /> dedication of fee title or dedication of a conservation easement to the common <br /> open space. The City may accept the common open space provided: <br /> i. The common open space is accessible to the residents of the Pequot <br /> Lakes; <br /> ii. The City agrees to and has access to maintain the common open space. <br /> iii. Streets or other public ways which have been designated on a duly <br /> adopted official map or element of the City's comprehensive plan shall <br /> be dedicated or reserved by the subdivider to the appropriate <br /> governing body. The street or public way shall be made a part of the <br /> plat in the locations and dimensions indicated in the comprehensive <br /> plan and as set forth in this ordinance. <br /> D. Individual Ownership. An individual may hold fee title to the land while a <br /> nonprofit or other qualified organization holds a conservation easement uses <br /> for the common open space. <br /> 6. Maintenance Plan. Every conservation subdivision must include a plan that <br /> �,� provides evidence of a means to properly manage the conservation parcel in <br />