§ 336. Dedications and Reservations.

336.1.   Authorization.

In connection with the approval of a final plat, the developer shall be required to dedicate or reserve any lands and required improvements according to the provisions of this Code, and may be required to dedicate or reserve other land and improvements as provided by the comprehensive plan, to provide for circulation, stormwater management, drainage, utilities, open space, lighting, schools, fire service, public safety and law enforcement protection, park land and other appropriate public needs related to the development.

336.2.   Manner of Dedication to Manatee County.

A.

Generally. No final plat shall be approved unless it is accompanied by a dedication to Manatee County of all land, easements, and improvements which are required to be dedicated to Manatee County under this Code. Such dedication shall be in a form acceptable to the County.

B.

Execution. The dedications shall be executed by all persons having a record interest in the lands subdivided, in the same manner in which deeds are required to be executed. All mortgagees having a record interest in the land being subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument joining in and ratifying the plat and all dedications and reservations thereon.

C.

Notation on Plat. All final plats shall bear the notation in a form prescribed by the County.

D.

Protection of Reversionary Interests. Nothing herein shall be construed as affecting or abridging any rights or responsibilities related to reversionary interests as provided in state law.

336.3.   Reservations.

A.

Release by Board of County Commissioners. The Board, after ten (10) years, may release any reserved land at any time by formal resolution, if it is found to be no longer necessary for any public purpose.

B.

Designation on Plat. The developer shall be required to clearly show the location and purpose of all reservations on the final subdivision plat; and, to also show in dotted lines, or by other means specifically, how any reserved land shall be used in event the reservation is released or otherwise void.

C.

Common Areas and Common Improvements. Any common areas or commonly used improvements in a subdivision which are not dedicated to Manatee County, shall be subject to the requirements of Section 336.4, unless otherwise provided for as the County may require or approve.

D.

Jurisdictional areas and conservation areas. All jurisdictional areas and conservation areas shall be shown as such on the final plat.

336.4.   Common Areas.

A.

Purpose and Intent. This subsection is established to assure that adequate ownership and management measures will be provided in residential and other developments to protect and perpetually maintain all common open space and common improvements required pursuant to this Code or other applicable County law or regulations, in order to ensure their continued availability and utility for the residents or occupants of the development, and to prevent such facilities or the need for such facilities from becoming an unnecessary burden or nuisance to the County or surrounding property; provided that nothing in this subsection shall be construed as creating any obligation upon the County to maintain such facilities or otherwise ensure their availability and condition.

B.

Applicability.  

1.

Generally. Except as provided below, this Section shall apply to all common open space and all common improvements, which are required to be provided pursuant to this Code, the Comprehensive Plan, or other applicable County laws and regulations.

2.

Exceptions. This subsection shall not apply to:

a.

Dedicated Lands and Improvements. Any lands or improvements to be dedicated or conveyed to the County, or to an appropriate public agency, board or body, for designated or general public use.

b.

Private Lands and Improvements. Any lands or improvements to be owned and maintained by a landlord for the benefit of lessees residing on or occupying leaseholds on the lot or parcel where such lands and improvements are situated or on other lots or parcels owned by the landlord, as for typical multi-family or shopping center development.

c.

Condominiums and Cooperatives. Any lands or improvements to be owned and maintained under a condominium or cooperative, which shall be established and regulated in accordance with Florida law.

d.

Other Open Space and Improvements. Any open space and improvements provided in excess of County requirements, unless such facilities are otherwise included, at the election of the developer, within any common ownership and management system established pursuant to this subsection.

C.

Common Ownership General Requirements. Prior to final approval of an application for development, the developer shall provide documents and other assurances satisfactory to the Department Director, to establish a means of common ownership and management of all common open space and common improvements subject to this subsection. Such means of common ownership and management shall conform to the following minimum requirements. Such documents, once approved, shall become part of the recorded subdivision plat or approved special use.

1.

Establishment of Non-profit Organization. The applicant or developer shall provide for and establish a non-profit organization or other legal entity under the laws of Florida for the ownership, care, and maintenance of all such lands and improvements.

2.

Membership; Responsibilities. Such organization shall be composed of all persons having ownership within the development. Such organization shall be responsible for the perpetuation, maintenance, and function of all common lands, uses and facilities, subject to these regulations.

3.

Covenants and Restrictions—Generally. All such common lands and improvements shall be described and identified as to location, size, use and control in a restrictive covenant, and such covenant shall set forth the method of assessment for the maintenance of such land. These restrictive covenants shall be written so as to run with the land and be in full force and effect for a period of not less than twenty-five (25) years, and shall be automatically extended for successive periods of ten (10) years unless terminated in a manner set forth in this subsection. These covenants shall become part of the deed to each lot or parcel within the development.

4.

Covenants and Restrictions—Responsibilities; Disposition of Common Open Space. Such restrictive covenant and organization shall continue in effect so as to control the availability of the facilities and land thereby provided, to maintain the land and facilities for their intended function, and to protect the development from additional and unplanned densities of use. Such organization shall not be dissolved, nor shall such organization dispose of any common open space, by sale or otherwise except to an organization conceived and organized to own and maintain the common open space, without first offering to dedicate the same to the County or other appropriate governmental agency.

5.

Conservation Easements within Common Open Space. No lands in common open spaces shall be denuded, defaced or otherwise disturbed in any manner at any time, except for maintenance or repair, without the prior written approval of the Department Director.

Activities within Common Open Space Conservation Easements, other than those specifically allowed by this Code, shall be prohibited. Restrictive covenants relating specifically to the Conservation Easement shall be included in the documentation prepared to satisfy requirements set forth in Section 336.4.C of this Code.

6.

Maintenance by County. If the Department Director determines that the public interest requires assurance as to adequate maintenance of common open space areas and improvements, the Department Director may require that the covenants creating such organization shall provide that in the event the organization established to own and maintain such common open/improvements, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space/improvements in reasonable order and condition in accordance with the approved plans, then the following provisions shall apply:

a.

Initial Notice. The County may serve notice in writing upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common space/improvements in reasonable condition, and said notice shall contain a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of public hearing thereon which shall be held within twenty (20) days of the notice.

If the Department Director, after consultations with the Public Works Department, Manatee County Sheriff, Parks and Recreation Department, Health Department, or the Building Division of the Building and Development Services Department, determines an emergency exists which is detrimental to the health, safety and welfare of the public, [he] may direct in writing the non-profit organization to immediately correct the deficiency. If the non-profit organization fails to correct the deficiency within seven (7) days, the Department Director may cause the emergency deficiency to be corrected and all charges related thereto shall be borne by the non-profit organization in accordance with subsection b, below. At such hearing the Board may modify the terms of the original notice as to the deficiencies and may grant an extension of time within which they shall be cured.

b.

Modification of Initial Notice. At such hearing the Board may modify the terms of the original notice as to the deficiencies and may grant an extension of time within which they shall be cured.

c.

Failure to Comply. If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within said thirty (30) days or any authorized written extension thereof, the County, in order to preserve the taxable values of the properties within the development and to prevent the common open space/improvements from becoming a public nuisance, may, at its option, enter upon said common space/improvements and maintain the same for one (1) year.

d.

Public Use Excluded. Said entry and maintenance shall not vest in the public any rights to use the common open space/improvements, except when the same is voluntarily dedicated to the County by the owners and accepted by the County.

e.

Subsequent Periods. Before the expiration of said one (1) year period, the County, shall, upon its initiative or upon the request of the organization responsible for the maintenance of the common open space/improvements, call a public hearing, upon notice in writing, to such organization or to the residents of such development, to be held by the Board; at which hearing the organization shall show cause why such maintenance by the County shall not, at the election of the Board, continue for a succeeding one (1) year period.

f.

Termination of County Maintenance. If the Board shall determine that such organization is ready and able to maintain the common open space/improvements in reasonable condition; the County shall cease to maintain the common open space/improvements at the end of said one (1) year period.

g.

Continuation of County Maintenance. If the Board shall determine that such organization is not ready and able to maintain the common open/improvements in a reasonable condition, the County may, in its discretion, continue to maintain the common open space/improvements during the next succeeding year, and subject to a similar hearing and determination in each year thereafter.

h.

Assessment of Costs. The covenants creating such organization shall further provide that the cost of such maintenance by the County shall be assessed pro-ratedly, against the properties within the development that have a right of enjoyment of the common open space/improvements, and shall become a charge on said properties, and such charge shall be paid by the owners of said properties within sixty (60) days after receipt of a statement therefor, and shall become a lien on the property if unpaid at the end of such period.

7.

Submission Requirements. Before an applicant or developer can establish a non-profit organization as required in Section 336.4.C.1 above, the following documents shall be submitted to the Department Director:

a.

Articles of Incorporation. The articles of incorporation or other organizational documentation for the non-profit organization.

b.

By-laws. The by-laws of the non-profit organization.

c.

Covenants and Restriction. The covenants or restrictions related to the use of common property, including the system and amounts of assessments for perpetuation and maintenance.

d.

Fiscal Program. A fiscal program for a minimum of ten (10) years, including adequate reserve funds for the maintenance and care of all lands, streets, facilities, and uses under the purview of the non-profit organization.

e.

Right of Entry by County. A documentation granting the right of entry upon such common property to the County law enforcement officers, health and pollution control personnel, emergency medical service personnel, and firefighting personnel while in the pursuit of their duties and, in the case of private streets and common driveways, permitting the enforcement of cleared emergency vehicle access.

f.

Listing of Holdings. A complete listing of all land, buildings, equipment, facilities, and other holdings of the non-profit organization, as proposed, and a complete description of each.

g.

Maintenance Program. A recommended program for the maintenance of all major facilities, including streets, street signs, stormwater facilities, pools, sidewalks, parking areas and buildings.

h.

Notice to Buyers. A copy of the proposed notice that will be given to prospective buyers regarding the organization, assessments and fiscal program.

i.

Lands to be Dedicated. A copy of the deed of conveyance and title certificate, or dedication, where applicable, for all lands proposed to be conveyed or dedicated to the County or other appropriate governmental agency.

8.

Required Approval; Filing. The documents set forth in Section 336.4.C.7, above shall be submitted to the Director for filing before any final plat is recorded or building permit is approved, and such approval shall be obtained before any Final Plat is recorded or Building Permit is approved. Such documents, once approved, shall become part of the recorded subdivision plat or approved special use.

D.

Election of Officers. In no event shall a certificate of completion be issued for a development until it has been substantiated that the non-profit organization responsible for the ownership, care, and maintenance of common open space and common improvements has been constituted and has elected officers.