User's Guide: This article contains specific provisions regarding the dedication and maintenance of common open space and common services.
A. 
All common land or open space shall be owned jointly or in common by the owners of the dwelling units. This shall be accomplished by one of the following:
(1) 
By means of a homeowners' association;
(2) 
By an association which has as its principal purpose the conservation or preservation of land in essentially its natural condition.
B. 
Further subdivision of the common land or open space or its use for other than agriculture, forestry, noncommercial recreation, or conservation purposes shall be prohibited.
(1) 
Easements for public utilities may be granted.
(2) 
Structures and buildings accessory to noncommercial recreational or conservation uses may be erected on the common land not designated as open space.
(3) 
Common land or open space may be leased, but not conveyed, to a third party for agriculture or forestry purposes.
(4) 
Common land or open space may be conveyed to an association which has as its principal purpose the conservation or preservation of land in its essentially natural condition.
(5) 
Common land or open space may be conveyed to the Town for nonintensive recreational uses such as hunting, fishing and hiking.
C. 
The common open space shall be shown on the final plan with appropriate notation on the plan to indicate that:
(1) 
It shall not be used for future building lots; and
(2) 
A part or all of the common open space may be dedicated for acceptance by the municipality or other organization acceptable to the Board.
A. 
If any or all of the common open space and services are to be reserved for use by the residents, the bylaws of the proposed homeowners' association shall specify maintenance responsibilities and shall be submitted to the Board prior to final plan approval.
B. 
Covenants for mandatory membership in the homeowners' association setting forth the owners' right, interests, and privileges in the association and the common property shall be reviewed by the Board and shall be included in the deed for each lot or dwelling.
C. 
The homeowners' association shall have the responsibility of maintaining the common property unless or until the dedication is accepted by the municipality or other organization acceptable to the Board.
D. 
The association shall levy annual charges against all owners of dwelling units to defray the expenses connected with the maintenance of common property and tax assessments.
E. 
The developer or subdivider shall maintain control of the common property and be responsible for its maintenance until development sufficient to support the association has taken place.