The text
A.
A planned development shall be approved subject to the submission and approval of legal instruments setting forth a plan or manner of permanent care and maintenance of all common open space and other facilities provided in the approved development plan. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect, and the administrative land use authority as to suitability for the proposed use of the common open space and subject facilities.
B.
The common open space and other facilities provided may be conveyed to a public agency or private association. The common open space, private utilities, recreational facilities, and private streets (including a road maintenance fund established by the original developer/builder) conveyed to a private association shall include, as part of the aforementioned instruments, a declaration of covenants and restrictions that will govern the association and shall require maintenance of any common facilities. The provisions shall include, but not be limited to, the following:
1.
The private association must be established prior to the sale or rental of any unit.
2.
Membership must be mandatory for the original buyer and any successive buyers of a unit in a planned development, whether or not the unit is owner occupied or rented.
3.
The private association must be responsible for liability insurance, local taxes (if any), the maintenance of common open space and other facilities, rules and regulations outlining the powers, enforcement authority, and limitations of the association.
4.
Each member of the association shall be assessed a pro rata share of the costs incurred by the association, and the association shall have the power to collect those costs.
C.
The administrative land use authority may also require dedication of scenic easements to ensure open space shall be maintained. In the event the common open space and other facilities are not maintained in a manner consistent with the approved final development plan, the city may, at its option, cause such maintenance to be performed and assess the costs to the affected property owners or responsible association.
D.
Long-term storm water maintenance agreements are required according to requirements identified in Riverdale City Standards and Specifications.
E.
In addition to any required road maintenance fund, the developer shall establish and fund a maintenance reserve for private water, sanitary sewer, and storm water facilities sufficient to ensure long-term repair, replacement, and maintenance of such facilities. All road and utility maintenance funds shall be funded based on a reserve study or engineer's estimate acceptable to the city.
F.
All snow removal operations for private streets and facilities shall be contained entirely within the boundaries of the planned development. Any on-site storage of salt, sand, or de-icing materials shall be located within a permanently covered and contained facility designed to prevent runoff or drainage beyond the containment area. Such facilities shall be subject to review and approval by the Riverdale City Public Works Department based on adopted city standards.
G.
Prior to the sale of any lot or unit, the association shall provide a city-approved disclosure document to each initial and subsequent purchaser stating that streets, water, sanitary sewer, and storm water utilities within the planned development are privately owned and maintained, and that the purchaser is responsible for their proportionate share of maintenance and replacement costs. Such disclosure shall be acknowledged in writing by the purchaser and provided to the city as requested.
H.
The association shall provide to Riverdale City, on an annual basis, a copy of a current, executed contract with a qualified and reputable contractor for emergency repair of private streets and utility systems connected to city infrastructure.
(Ord. No. 999, § 1, 4-7-2026)