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B. Maintenance. The person or entity identified as having the right of ownership and control over a development's recreational and open space area shall be responsible for the continuing upkeep and proper maintenance of the same. 6.5.2.3. Recreational and ooen soace areas shall be maintained so that their use and eniovment are not diminished or destroved. C. Homeowner's Association. In the event a homeowners' association or similar legal entity is to be responsible for the maintenance and control of recreational facilities established under these regulations, the association shall be established in conformance with the following: 1. When created. Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied. 2. Authority. The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities. 3. Contributions. The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs . associated with both maintenance and upkeep. Section 4. Fee In Lieu of Parks A. In lieu of land dedication. the County mav oermit the. subdivider to contribute a cash oavment to the County. The value of such oavment shall be the ore-develooment tax value for the amount of dedicated land from the Darcel from which the ooen soace is being dedicated as reouired and the cash value of the minimum reouired imorovements as described above. The specified contribution shall be determined bv. the tax value at the time final olat aooroval is Granted. Such tax value shall consider zoninG district chanGes that occur at anv time uo until final plat aooroval. Tax deferrals of anv kind shall not be used in the calculation of the fees. B. If, at the ootion of the County. it is determined that a cash dedication shall be made. said cash shall be oaid to the County and shall be deoosited into aoprooriate Dark district fund orior to final olat aooroval. Monev in the fund, includinG accrued interest. shall be exoended solelv for aCGuisition. develooment or rehabilitation of Dark land or imorovements related thereto. C. Collected fees shall be aooropriated bv the County for a soecific oroiect to serve residents of the subdivision in a budGetarv vear within seven vears from receiot of oavments or within seven vears after the issuance of buildinG oermits on one-half of the lots created bv the subdivision, whichever occurs later, If such fees are not so committed. these fees shall be distributed and oaid > to the then record owners of the subdivision in the same orooortion that the size of their lots bears to the total area of all lots in the subdivision. Section 5. Timing of recreational improvements Because of the varying nature of subdivision developments, it is impractical to categorically set one time frame with applicability to all. Consequently, the timing of recreational improvements will be established for each development by reviewing staff in consultation with the developer. Generally, the County staIf will require recreational improvements implemented when citAer 15 IElts taro I er 50% of the total approved lots for the subdivision have been completed, w19icA.ever aCCI:IFS fiFSt. When compliance with the preceding requirement does not occur, zoning comoliance permits for the remainder of the development maybe stopped. Nothing, however, should be construed as -13- E-I(b)