§ 6-2208

Other

• City corrective action

  In the event an owner fails to maintain the conservation land, the city may temporarily assume responsibility for maintenance and repairs. Any escrowed funds may be forfeited to the city and any permits or approvals may be revoked, suspended, or delayed until maintenance is resumed. The city may attach or place a lien on such escrowed funds as necessary to recover public monies expended.

• Maintenance responsibility

  The cost and responsibility of maintaining the conservation land shall be borne by the fee simple owner or the owner's obligee.

• Ownership options for conservation land

  The following forms of ownership are available, either individually or in combination, for designated conservation land; however, the conservation land shall be initially offered for dedication to the city. Designated conservation land shall not be transferred or conveyed to any individual or entity except as permitted and approved under this section 6-2200. No transfer or conveyance shall result in a change in the conservation land or in the ratio of the conservation land to the entire cluster development. Ownership options shall include one or more of the following: fee simple dedication to the city, property owners association, nonprofit conservation organization or land trust, dedication of easements to the city, individual ownership.

• Plan of maintenance required

  The applicant shall, at the time of preliminary subdivision plan submission, provide a plan for maintenance of conservation land and operation of common facilities ('plan of maintenance') in accordance with the following requirements: define ownership; establish necessary regular and periodic operation and maintenance responsibilities; estimate staff needs, maintenance and operational costs, insurance requirements, and other expenses; define means for funding; at discretion, escrow funds for up to one year; changes approved by planning director or city council.