2005.04.04 ORD 2005-397 - Laserfiche WebLink

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Adopted 04-4-0,5 Page 6 d. Open space in long, narrow corridors in back yards does not qualify as open space for conservation easements. e. Open space shall be maintained free of noxious weeds, litter and debris. f. Open space shall be owned by an individual, homeowners' association, or other legal entity that will use the land for open space purposes pursuant to an open space preservation plan. g. The City shall have the option of requesting that shoreline, areas along streams, or areas in natural resource corridors be included as preserved open space. 4. Homeowners' associations. A homeowners' association may be established to permanently maintain all preserved open space and recreational facilities, where called for in the open space preservation plan. 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 a rural preservation 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.