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June 16, 2022 <br />131 <br /> <br />other improvements (or an estimate of such actual costs provided by the municipal <br />engineer). <br />9. Additional Recreation Reservations. The provisions of this section are minimum standards <br />and shall not be construed as prohibiting a developer from dedicating or reserving other <br />land for recreation purposes in addition to the requirements of this Ordinance. <br />10. Private Reservation of Land. Notwithstanding anything contained in the above sections, the <br />applicant may, with the consent and approval of the Planning Commission, elect to fulfill the <br />open space requirements through the private reservation of a recreation area. <br />a. Those developments proposing a private park, open space, or trail or if the park, <br />open space and/or trail not accepted for dedication by a local governing entity shall <br />be accompanied by an agreement establishing the respective rights and obligations <br />of each lot owner. All park agreements shall be signed, notarized and recorded with <br />the Final Plat and shall include the following elements and when warranted <br />additional language to protect the interest of each party: <br />i. That maintenance of the designated open space is the responsibility of the <br />applicant, a homeowners’ association, a condominium unit owners’ <br />association, or other recognized conservation organization. <br />ii. The availability of such private open space to non-residents of the <br />development. <br />iii. The method by which the private reservation may be offered for public <br />dedication. <br />iv. Restrictions limiting the land for only open space purposes. <br />v. Define payment responsibility for maintenance, operation, replacement, or <br />improvement costs to the park, open space, or trail and how such payment <br />shall be collected. <br />vi. Establish time frame for payment of maintenance, operation, replacement, <br />or improvement costs. <br />vii. Establish action available to owners in the event of a default payment or <br />other obligation by one of the owners. <br />viii. That the land cannot be sold or disposed of by the association except to <br />another organization formed to own and maintain said open space and <br />without first offering to dedicate the land and improvements to a local <br />governing entity. <br />11. Construction of Recreation Facilities. Notwithstanding anything contained in the above <br />sections, the applicant may, with the consent and approval of the Planning Commission and <br />municipal governing body, elect to fulfill the open space requirements through the <br />construction of recreational facilities. <br />a. Facilities will be maintained, owned and operated by a local municipality or <br />government entity or other entity approved by the Planning Commission. <br />b. Facilities shall be available to general public. <br />c. Facilities shall meet a demonstrated public need. <br />d. Facilities shall replace or supplement existing facilities that would generally be <br />provided by a local municipality or government entity.