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SECTION 4.18 OWNERSHIP AND MAINTENANCE OF RECREATIONAL AREAS <br /> <br />Ownership. Recreational facilities established on subdivision plats shall remain under the <br />ownership and control of the developer (or his successor) or a homeowners' assodation or <br />similar organization. <br /> <br />Maintenance. The person or entity identified as having the right of ownership and control <br />over a developmentZs recreational and open space area shall be responsible for the <br />continuing upkeep and proper maintenance of the same. <br /> <br />SECTION 4.19 HOMEOWNER'S ASSOCIATION <br /> <br />In the event a homeowners' association or similar legal entity is to be responsible for the <br />maintenance and control recreational facilities established under there regulations, the <br />association shall be established in conformance with the following: <br /> <br />When created. Provision for the establishment of the association or similar entity is made <br />before any lot in the development is sold or any building occupied. <br /> <br />Authority. The assodation or similar legal entity has clear legal authority to maintain and <br />exercise control over such common areas and facilities. <br /> <br />Contributions. The association or similar legal entity has the power to compel contributions <br />from residents of the development to cover their proportionate shares of the costs <br />associated with both maintenance and upkeep. <br /> <br />SECTION 4.20 TIMING OF RECREATIONAL IMPROVEMENTS <br /> <br />Because of the varying nature of subdivision developments, it is impractical to categorically <br />set one time frame with applicability to all. Consequently, the timing of recreational <br />improvements will be established for each development by reviewing staff in consultation <br />with the developer. Generally, staff will require recreational improvements implemented <br />when either 15 lots total or 50% of the total approved lots for the subdivision have been <br />completed, whichever occurs first When compliance with the preceding requirement does <br />not occur, zoning permits for the remainder of the development may be stopped. Nothing, <br />however, should be construed as barring a developer from immediate development of <br />recreational facilities as an amenities/marketing strategy and such timing is encouraged. <br /> <br />32 <br /> <br /> <br />