11 198 Chapter Ownership of Open Space OPEN SPACE Franklin Zoning Ordinance Effective January 1, 2023 11.11 Ownership of Open Space Open space areas shall be owned and maintained as permanent open space by a homeowners association, property owners association, private ownership with conservation easement, or public ownership when dedicated to the City or another appropriate public agency. Natural areas may also be held by a land trust or conservancy. Outdoor dining areas are exempt from this Section. 11.11.1 Homeowners Association If open space is to be deeded to a homeowners association, then the applicant shall place the open space in a public utility, drainage, and access easement and record a declaration of covenants and restrictions that shall: A. Govern the use of open space; B. Run with the land in perpetuity; C. The homeowners association shall not be dissolved, nor shall it dispose of any open space or facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the open space and facilities, and the conditions of a transfer shall conform to the approved site plan; D. Association membership shall be mandatory for each property owner and successive owner; E. Provide ability for a lien on residential properties to secure collections of assessments levied by the homeowners association; and F. Grant the City the authority to maintain the open space if necessary and assess the cost of maintenance against the owners of the property jointly and severally. 11.11.2 Property Owners Association If open space is to be deeded to a property owners association, then the applicant shall provide for and establish a property owners association that shall comply with the following: A. The association shall own and maintain the open space and facilities; B. The association shall not be dissolved, nor shall it dispose of any open space or facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the open space and facilities, and the conditions of a transfer shall conform to the approved site plan. The association shall be established before property is sold; C. Association membership shall be mandatory for each property owner and successive owner; D. The association shall be responsible for liability insurance and local taxes for the open space and facilities; E. Property owners shall pay their pro rata share of the cost and assessments levied by the association shall be a lien on the owners’ property; and F. The association shall be able to adjust assessments in order to meet changing needs. 11.11.3 Private Ownership In unique circumstances, the DRT may approve a natural area to be held in private ownership. In these cases, a permanent conservation easement shall be placed on the open space area. The conservation easement shall: A. Require that open space be maintained and preserved as a natural area or as agricultural lands and shall not be used for buildings; B. Run with the land in perpetuity; and C. Indicate that the City and owners of land
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