8.17 Ownership of Conservation Lands

(a) Undivided Ownership. Unless otherwise approved by the Town and subject to the provisions set forth in this Chapter, the underlying fee ownership of the conservation land shall 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. (b) Property subject to a conservation easement, or other acceptable method of protection and preservation, shall not be subdivided. (c) Owners= Association. Conservation land may be held in common ownership by a condominium homeowners= or other acceptable owners= association, subject to all of the provisions for owners= associations set forth in State regulations and the Town=s Subdivision regulations. In addition, the following regulations shall be met: a. A description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for conservation land, including restrictive covenants for the Subdivision, shall be submitted by the developer with the Preliminary Plat application. b. 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. 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 conservation land. e. The by-laws 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 13 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 conservation land by the association or the assumption of maintenance for the conservation land must be given to all members of the association and to the Town no less than thirty (30) days prior to such event. g. The association shall have adequate staff to administer, maintain, and operate such conservation land.