17.55.100 Ownership of Open Lands.
The ownership and responsibility for maintenance of the required buffer areas and other areas left undeveloped to protect natural resources and avoid hazards should be decided on a case-by-case basis. In general, areas planned to be open for use by the general public should be in public ownership, but other arrangements may be appropriate. Options for ownership and maintenance include:
1. Public Ownership. Lindon City may, but is not required to, accept any portion or portions of a buffer or open land, provided that:
a. The land shall be freely accessible to the public;
b. Lindon City agrees to and has access to maintain such lands;
c. The land is in an acceptable condition to the City at the time of transfer with regard to size, shape, location, and improvement.
2. Undivided Ownership. Unless otherwise approved by Lindon City, the underlying fee ownership of the land may remain in single ownership and may be owned and maintained by one of the following entities: homeowners’ association, land trust, conservation organization, governmental entity, or private individual.
3. Owners’ Association. Land may be held in common ownership by a homeowners’ or other acceptable owners’ association, subject to all of the provisions for owners’ associations set forth in State regulations and Lindon City’s subdivision regulations. In addition, the following requirements shall be met:
a. A description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for natural resource land, including restrictive covenants for the Subdivision, shall be submitted by the developer with the subdivision application.
b. The proposed association shall be established and operating (with financial subsidization, if necessary) prior to or concurrent with the recording of the plat for the Subdivision.
c. Membership in the association shall be mandatory for all purchasers of property within the Subdivision and their successors in title.
d. The association shall be responsible for maintenance and insurance of the natural resource land.
e. The bylaws of the association and restrictive covenants for the Subdivision shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
f. Written notice of any proposed transfer of natural resource land by the association or the assumption of maintenance for the natural resource land must be given to all members of the association and to Lindon City no less than thirty (30) days prior to such event.
g. The association shall have adequate staff to administer, maintain, and operate such natural resource land.
h. At the discretion of the Lindon City, an applicant may be required to prepare a brochure detailing the location and use restrictions of the designated open space, and provided to all purchasers of property within the subdivision.