36.100 Ownership of Open Lands

The ownership and responsibility for maintenance of required buffer areas and other areas left undeveloped to protect natural resources and avoid hazards shall be decided on a case-by-case basis. In general, areas planned to be open for use by the general public shall be in public ownership, but other arrangements may be appropriate. Options for ownership and maintenance include: A. Public Ownership. Lehi City may, but is not required to, accept any portion of a buffer or open land, provided that: 1. the land shall be freely accessible to the public; 2. Lehi City agrees to and has access to maintain such lands; 3. the land is in an acceptable condition to Lehi City at the time of transfer with regard to size, shape, location, and improvement; and 4. the developer or property owner provides funding for at least one year of maintenance as identified in the maintenance plan. C. Streets. Streets shall be designed and constructed in compliance with Lehi City Street Standards. B. Undivided Ownership. Unless otherwise approved by Lehi City, the underlying fee ownership of the land may remain in single ownership and may D. Disturbance/Alterations. be owned and maintained by a homeowners’ association, land trust, conservation organization, 1. Alterations to identified significant natural governmental entity, or private individual. site features shall only be permitted to address public safety issues as determined by the Planning Commission or City Council. C. Owners’ Association. Land may be held in common ownership by a homeowners’ association or other acceptable owners’ association, subject to all of 2. No topsoil or vegetation shall be removed from designated open spaces unless needed to address a public safety issue as determined by the Planning Commission or City Council. the provisions for owners’ associations set forth in State regulations and Lehi City’s subdivision regulations. In addition, the following requirements shall be met: 3. Stream and wetland crossings shall be eliminated wherever possible. 1. A description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for natural _____________________________________________________________________________________ Adopted 06/12/12 resource land, including restrictive covenants for the subdivision, shall be submitted by the developer with the Final Plat application. 2. The proposed association shall be established and operating with financial subsidization, if necessary, prior to or concurrent with the recording of the final plat for the subdivision. 3. Membership in the association shall be mandatory for all purchasers of property within the subdivision and their successors in title. 4. The association shall be responsible for maintenance and insurance of the natural resource land. 5. 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. 2. Boundaries shall be clearly marked and identified as “No Disturbance” areas, except in areas identified for permitted uses, prior to commencing construction activities, including tree cutting, site clearing, and grading. Temporary markings are acceptable. 3. Boundaries shall be clearly and permanently marked in the field with signage approved by the Planning Commission and City Council to identify the area as protected open land. B. Maintenance Costs. Unless otherwise agreed to by Lehi City, the cost and responsibility of maintaining open land shall be borne by the owner of the underlying land. C. Maintenance Plan. The developer shall submit a maintenance plan providing for and addressing the means for permanent maintenance of the open land with the final application for the subdivision or other development approval, as follows: 1. The plan shall identify land ownership. 6. Written notice of any proposed transfer of 2. The plan shall establish necessary regular natural resource land by the association or the and periodic operation and maintenance assumption of maintenance for the natural responsibilities for the various kinds of resources resource land must be given to all members of present on the land. the association and to Lehi City no less than 30 days prior to such event. 3. The plan shall estimate staffing needs, insurance requirements, and associated costs; 7. The association shall have adequate staff to and define the means for funding the administer, maintain, and operate such natural maintenance of the land, and operation of any resource land. common facilities on an ongoing basis. Such funding plan shall include the means for funding 8. At the discretion of the Planning long term capital improvements as well as Commission or City Council, an applicant may regular yearly operating and maintenance costs. be required to prepare a brochure detailing the location and use restrictions of the designated 4. At Lehi City’s discretion, the applicant may open space and provide the same to all be required to escrow sufficient funds for the purchasers of property within the subdivision. maintenance and operation costs of common facilities for up to one year.