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Tiverton
Town of Tiverton Zoning Ordinance
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§ XXVI-8

Maintenance

Maintenance standards are applicable to both single-family and multi-family conservation development projects.

    • 1. As determined by the planning board, where improvements including, but not limited to, cisterns, lighting, common driveways, streets, stormwater attenuation, or other unique features require ongoing maintenance not provided by the town, the applicant shall provide for and establish a homeowners' association or request planning board approval of an alternate method for the care and maintenance of any improvements thereon.

    • 2. If maintenance is the responsibility of a homeowner's association, the homeowner's association shall be created, registered and remain active with the Rhode Island Secretary of State, membership in the homeowners' association shall be mandatory for all landowners within the conservation development project, the declaration and creation of the homeowners association shall include a copy of this ordinance, shall be recorded in the land evidence records prior to the sale of any lots and shall be referenced in the deed conveying every lot. In the event the homeowner's association becomes or is declared inactive or defunct, the homeowners shall automatically become individually and severally liable for the maintenance of the improvements. Absent an express acceptance by the town council, and none shall be implied, the town shall not become responsible for maintenance of any improvements.

    • 3. If a homeowner's association is created, the applicant shall submit the declaration creating the association, as well as the by-laws, as part of the final plan application.

(Ord. No. 2024-0008, 6-24-24)