A.
Whenever common open spaces or common use areas or
common use facilities are required by this chapter or proposed by
an applicant as a part of any project plan approval, or where condominium
ownership is proposed for any proposed use, the following provisions
shall apply:
(1)
Any such common open spaces, common use areas or facilities
and any developed open space shall be made available for the use of
all occupants of the development unless otherwise restricted by state
or federal law.
(2)
All such areas shall be protected by legal arrangements
satisfactory to the Planning Commission and County Attorney, sufficient
to assure the common use, maintenance and preservation of said areas
for whatever purpose such areas are approved.
(3)
Covenants or other legal arrangements shall specify
ownership of the common open space, and responsibility for maintenance,
and guaranties that all such areas or facilities shall be reserved
in perpetuity or owned or controlled by or for the residents, users
or occupants.
(4)
Once approved, no association formed to own and maintain
open spaces or common use facilities shall be dissolved, nor shall
any covenants, bylaws or other legal arrangements associated with
all open spaces or common use areas be modified or changed without
the consent of the Planning Commission and the approval of the County
Attorney.
(5)
No open space or common use facilities, specifications
or restrictions deemed necessary by the Planning Commission may be
changed without the consent of the Planning Commission and the County
Attorney.
B.
Guaranty of completion.
(1)
When an approved plan provides for open spaces, common
use buildings, landscaped areas, recreation facilities, parking areas,
structures or other improvements for the common use and benefit of
occupants of the developments, the developer may be required by the
Planning Commission to guarantee the completion of any or all such
spaces, structures, facilities or other such improvements by providing
to Wicomico County, in such amount as may be determined:
(2)
The bond or other form of guaranty or assurances shall
be released in whole or in part when the buildings, structures or
improvements have been completed according to the approved plan.
A.
When any use is proposed for condominium-type ownership,
the following documents shall be submitted to and approved by the
Planning Commission in order to assure compliance with the provision
of this chapter and other local laws and regulations as may apply.
(1)
One copy of a proposed site plan or subdivision plat
showing all land and related facilities included in the proposed condominium,
the same being any such plat as may be required by the Maryland Horizontal
Property Act, provided that such site plan shall show all on-site
shared facilities, including parking, landscaped areas, setbacks and
other on-site features necessary to demonstrate compliance with the
provisions of this chapter.
(2)
One copy of the proposed condominium documents demonstrating
compliance with all of the requirements of this section, to be reviewed
and approved by the County Attorney.
B.
After approval, all such covenants, condominium documents
or other legal arrangements shall be recorded in the land records
of Wicomico County.
