Res 2014-135/Interlocal with Caldwell County for Subdivision Regulations

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K) Subdivisions developed with private streets, parks, open space or other shared common amenities shall have a mandatory property / home owners' association or be part of an Improvement District (such as a Municipal Utility District, Road District or Public Improvement District) which includes all property and lots served by the private streets, parks, opens space and / or shared amenities. The association or district shall own and be responsible for the maintenance of private streets and appurtenances. The association or district shall provide a plan demonstrating financial responsibility for maintenance and emergency repair of the private street improvements utilizing dues, assessments, maintenance bonds, insurance, etc. The association or district shall have a dedicated "sinking fund" and associated anticipated schedule for major renovations / rehabilitation of the shared facilities. The by -laws or incorporation documents of the entity shall include the requirement to annually submit copies to the County Review Coordinator of its financials, including income statement and balance sheet and other information as may be necessary to demonstrate financial responsibility for ongoing maintenance of the shared facilities. For subdivisions with private roads, the applicant shall provide "seed" money to the entity in its sinking fund for road maintenance of at least 5% of the cost of the street construction cost. The applicable association or district documents shall be reviewed and approved by the County Engineer and the County's Attorney to ensure that they conform to these and other applicable County rules and regulations. The documents shall be filed of record at the County prior to final plat approval in order to ensure that there is an entity in place for long -term maintenance of private streets and appurtenances. The association or district may not be dissolved without the prior written consent of the County. No portion of these documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the County. The County will not assist in enforcing deed restrictions nor collecting of dues, assessments or taxes. 3.6.4 SUBMITTAL PROCEDURES FOR FINAL PLAT A) An application for approval of a Final Plat shall be submitted to the County by the record Owner or by the duly authorized agent of the Owner. If the proposed subdivision is located within the ETJ of a municipality, it shall follow the provisions of the approved interlocal agreement, if one exists. If an interlocal agreement does not exist, the Final Plat must be submitted concurrently to both the County and any other governmental entity with platting jurisdiction. B) The application for approval of a Final Plat will be reviewed by the County for completeness under the applicable requirements and procedures of these Standards. If the application is complete, the County will notify the Owner and the County's technical review process will begin. If the application is incomplete, the County will notify the Owner within ten (10) business days regarding information or documents that are lacking. Upon acceptance by the County that the application is complete, the County will review the application for compliance with these Standards. An incomplete application for a Final Plat shall be conclusively deemed to be withdrawn if the Owner does not provide the documents or other missing information within sixty (60) days after the County has notified the Owner of the missing documents or information. C) An administratively complete application for a Final Plat will be reviewed by the County Engineer for technical and /or regulatory non - compliance. 0 the Final Plat is determined to be non- compliant, it will be returned to the Owner with comments within thirty (30) calendar days for the initial submittal and within fourteen (14) days for subsequent submittals. Applicants failing to satisfactorily address comments after 20