a. 
The subdivider shall give consideration to suitable and adequate sites for schools and other areas for public use or service so as to conform with the recommendations contained in the Town’s Comprehensive Plan and other applicable plans. Any provision for schools and/or other public facilities shall be indicated on the preliminary and final plat, and shall be subject to approval by the Planning and Zoning Commission and Town Council.
(Ordinance 336-03 adopted 11/18/03)
a. 
Definitions and Methodology for Determining the Floodway Management Area (FMA).
The definitions for “floodway” and “floodway fringe” shall correspond to those set forth by the Federal Emergency Management Agency (FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of floodplain management. Under this concept, the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area which can be used for development by means of fill according to FEMA and Town engineering criteria.
For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to the floodway, as defined by FEMA.
b. 
Areas Where an FMA is Required.
All drainage areas or regulated floodways as referenced by the panel numbers appropriate to the Town of Bartonville on the Floodway and Flood Boundary Map (FIRM maps) shall be included in the FMA. If FEMA does not specify a floodway zone in any of the creeks or their tributaries, it shall be the developer’s responsibility to establish and identify the FMA. The determination shall be made by a registered professional engineer and approved by the Town Engineer. Where improvements to a drainage area are required by other ordinances of the Town for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed. The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition. The creek shall remain in its natural state unless improvements are permitted or required by the Town due to the pending development of properties adjacent to or upstream of the required improvements.
c. 
Ownership and Maintenance of the FMA.
The area determined to be the FMA shall be designated on and part of the final plat. Approximate locations shall be shown on zoning change requests and preliminary plats - accurate locations of the FMA shall be established on the final plat. At the Town’s option, the FMA shall be protected by one of the following methods:
1. 
Dedicated to the Town of Bartonville; or
2. 
Easement(s). Creeks or drainageways in tracts which have private maintenance provisions, other than residential platted lots, can be designated as the FMAs by an easement to the Town on the final plat (with the appropriate plat language, as required by the Town). Subdivisions with platted residential lots may designate the FMA by easement provided there is adequate maintenance provisions, but no lots or portions of lots may be platted in the easement unless specifically allowed by the Town. The area designated as FMA may be identified by a tract number; or
3. 
Certain recreational uses normally associated with or adjacent to flood-prone areas (no structures allowed in the FMA), such as golf courses. The uses allowed shall be in conformance with the Zoning Ordinance and approved by the Planning and Zoning Commission and Town Council.
Prior to acceptance of any drainageway as an FMA by the Town, the area shall be cleared of all debris. Floodway management areas dedicated to the Town shall be left in a natural state except those areas designated for recreational purposes.
d. 
Design Criteria.
The following design criteria shall be required for development adjacent to the FMA:
1. 
Adequate access must be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of twenty feet (20') wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area having a minimum width of five feet (5') shall be provided.
2. 
Lots in a single-family, PD residential zoning district shall not be platted within the FMA, and no more than fifty percent (50%) of the length of the FMA (on each side) shall be allowed to have lots backing or siding onto it. If lots back or side onto an FMA, at least two reasonable points of access to the FMA, each a minimum of twenty feet (20') in width, shall be provided. Streets and open-ended cul-de-sacs may qualify as access points if designed such that they are navigable by maintenance vehicles. All areas of the FMA must be accessible from the access points.
3. 
Public streets may be approved in the FMA by the Planning and Zoning Commission and Town Council (if they conform to applicable engineering standards).
4. 
Public streets may be required to be constructed adjacent to some (or all) portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and security purposes.
5. 
Alternate designs to facilitate equal or better access may be permitted if approved by the Town Engineer.
e. 
Drainage areas which have been altered and are not in a natural condition can be exempted from an FMA and this Section at the discretion of the Town Council and upon recommendation by the Town Engineer.
(Ordinance 336-03 adopted 11/18/03)
a. 
Applicability.
When a subdivision contains either common open space or other improvements which are not intended to be dedicated to the Town of Bartonville for public use (e.g., private recreation facility, landscaped entry features, privately owned streets, etc.), a property/homeowners’ association agreement consistent with State and other appropriate laws, must be submitted to and approved by the Town of Bartonville, and made a part of the final plat documents. The Conditions, Covenants and Restrictions (i.e., CCRs) and the association documents (i.e., articles of incorporation, bylaws) shall be submitted to the Town for review and Town approval along with the final plat application, and shall be filed of record prior to final plat approval in order to ensure that there is an entity in place for long-term maintenance of these improvements (also see Section 3.1c.10.(e) [sic]). Said documents must, at a minimum, include provisions which allow the Town to take over the maintenance of common property (including private recreation facilities, etc.) using association funds, if such action becomes necessary due to nonperformance or inaction by the association or if the association goes defunct. Provisions shall also be included which would, in the latter instance, convey ownership of the common property (if any) to the Town, and which would allow the Town to remove any improvements/amenities from the common areas and sell any buildable land area (as residential lots) to recoup the Town’s expenses for maintenance and/or demolition of the improvements. Any monies that remain after the Town has recovered all of its expenses shall be retained for future maintenance/upgrading of the streets, common areas (if any remain), screening walls, or other improvements within the subdivision. These provisions are not intended to allow the Town to profit in any way from taking over the association’s responsibilities/funds - they are only intended to allow the Town to recoup its actual incurred expenses such that the general public (i.e., the taxpayers of the Town) does not have to bear these costs.
b. 
Membership.
A property/homeowners’ association shall be an incorporated nonprofit organization operating under recorded land agreements through which:
1. 
Each lot owner within the described land area is automatically a member (i.e., membership in the association is mandatory); and
2. 
Each lot is automatically subject to a charge for a proportionate share of the expenses for the property/homeowners’ association’s activities, such as maintenance of common open spaces or the provision and upkeep of common recreational facilities.
c. 
Legal Requirements.
In order to assure the establishment of a proper property/homeowners’ association, including its financing, and the rights and responsibilities of the property/home owners in relation to the use, management and ownership of common property, the subdivision plat, dedication documents, covenants, and other recorded legal agreements must:
1. 
Legally create an automatic membership, nonprofit property/homeowners’ association;
2. 
Place title to the common property in the property/homeowners’ association, or give definite assurance that it automatically will be so placed within a reasonable, definite time;
3. 
Appropriately limit the uses of the common property;
4. 
Give each lot owner the right to the use and enjoyment of the common property;
5. 
Place responsibility for operation and maintenance of the common property in the property/homeowners’ association;
6. 
Place an association charge on each lot in a manner which will both assure sufficient association funds and which will provide adequate safeguards for the lot owners against undesirable high charges;
7. 
Give each lot owner voting rights in the association; and
8. 
Must identify land area within the association’s jurisdiction including but not limited to the following:
a. 
Property to be transferred to public agencies;
b. 
The individual residential lots;
c. 
The common properties to be transferred by the developer to the property/homeowners’ association; and
d. 
Other parcels.
9. 
Any governmental authority or agency, including, but not limited to, the Town and the County, their agents, and employees, shall have the right of immediate access to the common elements at all times if necessary for the preservation of public health, safety and welfare. Should the property/homeowners’ association fail to maintain the common elements to Town specifications for an unreasonable time, not to exceed ninety (90) days after written request to do so, then the Town shall have the same right, power and authority to enforce the association’s rules and to levy assessments necessary to maintain the common elements. The Town may elect to exercise the rights and powers of the property/homeowners’ association or its Board, or to take any action required and levy any assessment that the property/homeowners’ association might have taken, either in the name of the property/homeowners’ association or otherwise, to cover the cost of maintenance (or the possible demolition, if such becomes necessary to preserve public safety or to ease maintenance burden) of any common elements.
d. 
Protective Covenants.
Protective covenants shall be developed which, among other things, shall make the property/homeowners’ association responsible for:
1. 
The maintenance and operation of all common property;
2. 
The enforcement of all other covenants;
3. 
The administration of architectural controls (optional); and
4. 
Certain specified exterior maintenance of exterior improvements of individual properties (optional).
e. 
The association may not be dissolved without the prior written consent of the Town Council.
f. 
No portion of the association documents pertaining to the maintenance of common areas/property, and assessments therefor, may be amended without the written consent of the Town Council.
(Ordinance 336-03 adopted 11/18/03)