Common open space requirements
a. The location, design, use, ownership and maintenance of the common open space shall be subject to planning board approval of a project-specific open space management plan. The developer shall submit the open space management plan as part of the subdivision review process.
b. The common open space shall be protected from development or alterations not authorized by the open space management plan, by the grant of a conservation or preservation easement to the Town of Tiverton pursuant to G.L. title 34, ch. 39.
c. Up to 20 percent of the open space may be devoted to active recreation.
d. The common open space shall be conveyed in one of the following ways:
(1) To a corporation or trust owned by owners of lots or dwelling units in the development, or owners of shares within a cooperative development. If a corporation or trust is used, ownership of the common open space shall pass with conveyances of lots, dwelling units or shares, as appropriate, and each individual owner shall be responsible for a equal share of the open space maintenance expenses and property taxes. The corporation or trust shall be responsible for open space maintenance and the operation and maintenance of any facilities thereon.
In the event of dissolution of the corporation or trust, the ownership, maintenance, responsibility and tax liability for the common open space will revert to the lot or dwelling unit owners.
(2) To the Town of Tiverton for community use, if mutually agreed to by the town and the owner and approved by the town council.
e. The planning board shall approve conveyance and maintenance agreements following review and approval of said agreements by the town solicitor. Conveyances that would remove land from the tax rolls or that would incur liability for ownership or maintenance by the town must be approved by the town council.
f. Conveyances shall include easements that permit the town to either maintain, or contract to have maintained, the common open space where the responsible party has not done so in accordance with the approved open space management plan. The town shall either assess the homeowners association for the full cost of the work or may proportionately assess each individual owner. Unpaid assessments shall result in property liens. The provisions of this section shall be included in the condominium declaration, homeowners' association by-laws and all similar documents.
(Ord. of 6-4-01(7))