08-09-1993 Council Packet - Laserfiche WebLink

Home Browse Search

S 11.10E. Flowage and Conservation Easements. The Council may, upon recommendation of the .Planning Commission and/or City staff, require the subdivider to convey to the City a flowage and ^ ^ conservation easement restricting the use, improvement and development of certain portions of the land to be subdivided. Flowage and conservation easements will be made a condition of Final Plat approval as follows: 1. Whenever any open water, creek, stream, or natural drainageway occurs in any portion of the subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway shall be described as a drainage easement subject to a flowagt and conservation easement to the City. 2. Whenever any wetlands, marshlands or lowland acting as a stornwater retention area occurs within anv portion of the subject tract, said area shall be described consistent with established flood or water retention elevations, soil type characteristics and vegetation characteristics as a drainage easement subject to a flowage and conservation easement to the City. i. Flowage and conservation easements may be described and conveyed by metes and bounds with the ownership and maintenance responsibilities remaining with the individual parcels of Class I Subdivisions. 4. Whenever a flowage and conservation easement is required, the easement shall be fully executed prior to Final Plat approval using the legal descriptions of the Final Plat and shall thereafter be filed in the chain of title of the property concurrent with the filing of the Final Plat. F. Homeowner's Association Agreements. The Council may, upon recommendation of the Planning Confntission and/or City sta*f^ require the subdivider to create -a viable homeowner's association, acceptable .to the City, which'^will be responsible for the ownership and maintenance of among other things: common facil ies, private roads, private,sewer and water lines, open space, pathways, drainage ways,/'and drainage ponds, and any improve lents which are not \to be^ccepted by the City for public ownership and maintenance. S^ueb^maintenance shall include, among other things, repair, replacement when necessary, snow removal, grass cutting, weed control, plean-up of trash and debris, mosquito control, odor control, sid.t removal from drainage ponds and drainage ways, and gradir^ and si^>rfacing of private roads. If a reasonable maintenance^ standar^d is not maintained by the homeowner's associati<^, the City shall have the right to take action it v^eems approprl^ate to protect the health, and welfare the public and to assess against said homeowner's association and/or land i^the subdivision for all costs incurred therefor. Such corrective action will not change ORONO CC 443