§ 35.423

This Chapter lists the land uses that may be allowed within the residential zones established by Section 35.404.020 (Zoning Map and Zones) that are applied to property in Montecito, determines the type of planning permit required for each land use, and provides basic standards for site layout and building size.

The purposes of the individual residential zones and the manner in which they are applied within the Montecito Community Plan area are as follows:

A.

R-1/E-1 (One-Family Residential) zone. The R-1 and E-1 zones are applied to areas appropriately located for family living at a reasonable range of population densities, consistent with sound standards of public health, safety, and welfare. This zone is intended to protect the residential characteristics of an area and to promote a suitable environment for family life.

B.

R-2 (Two-Family Residential) zone. The R-2 zone is applied to areas appropriate for multiple residential development in the form of two-family dwellings (duplexes) and to maintain a residential character similar to that of one-family neighborhoods. This zone is intended to ensure the compatibility of duplex development with surrounding multiple and one-family dwellings and neighborhoods.

C.

DR (Design Residential) zone. The DR zone is applied to areas appropriate for one-family, two-family and multi-family dwellings. This zone is intended to ensure comprehensively planned and well-designed residential development, while allowing flexibility and encouraging innovation and diverse design, and requiring that substantial open space be maintained within new residential developments.

D.

PRD (Planned Residential Development) zone. The PRD zone ensures the comprehensively planned development of large acreage within designated Urban areas that are intended primarily for residential use. The intent of this zone is to:

1.

Promote flexibility and innovative design of residential development, to provide desirable aesthetic and efficient use of space and to preserve significant natural, scenic, and cultural resources of a site;

2.

Encourage clustering of structures to preserve a maximum amount of open space;

3.

Allow for a diversity of housing types; and

4.

Provide recreational opportunities for use by both the residents of the site and the public.

35.423.030 - Residential Zones Allowable Land Uses

A.

General permit requirements. Table 2-4 (Allowed Land Uses and Permit Requirements for the Residential Zones) identify the uses of land allowed by this Development Code in each residential zone, and the planning permit required to establish each use, in compliance with Section 35.420.030 (Allowable Development and Planning Permit Requirements).

B.

Requirements for certain specific land uses. Where the last column ("Specific Use Regulations") in the tables includes a Section number, the referenced Section may affect whether the use requires a Land Use Permit, Development Plan, or Conditional Use Permit and/or may establish other requirements and standards applicable to the use.

C.

Development Plan approval required. Except as provided below, Final Development Plan approval in compliance with Section 35.472.080 (Development Plans) is required prior to the approval of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) as follows:

1.

R-1/E-1 and R-2 zones. Final Development Plan approval is required for a structure that is not otherwise required by this Development Code to have discretionary permit approval, and is 20,000 or more square

feet in gross floor area, or is an attached or detached addition that together with existing structures on the same lot will total 20,000 square feet or more in gross floor area.

2.

DR zone. Final Development Plan approval is required for all development, including grading, except for one, one-family dwelling and its accessory uses and structures on a single lot unless required in compliance with Subsection C.1 above.

a.

Such one-family dwellings, including those subject to Subsection C.1 above, shall be developed in compliance with the development standards applicable to the R-1/E-1 zone provided in Section 35.423.050 (Residential Zones Development Standards).

3.

PRD zone. Final Development Plan approval is required for all development, including grading.

D.

Design Review required. Design Review may be also required prior to the approval of a planning permit for a structure, or an addition to or an alteration of, an existing structure in compliance with Section 35.472.070 (Design Review).

E.

Accessory structures and uses. Each use allowed by Table 2-4 (Allowed Land Uses and Permit Requirements for Residential Zones) may include accessory structures and uses that are customarily incidental to the primary use, provided that the uses and structures are:

1.

Within the R-1/E-1, R-2 and DR zones, when accessory to dwellings, for the exclusive use of the residents of the site and their guests, and do not involve a commercial enterprise on the site; and

2.

In compliance with all applicable requirements of this Development Code, including standards for specific uses and structures in Chapter 35.442 (Standards for Specific Land Uses).

Key to Zone Symbols

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.423.030.C (Development Plan approval required).

(3) Non-commercial only.

Mortuary, accessory to cemetery

— — — —

Key to Zone Symbols

Notes:

(1) See Division 35,10 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.423.030.C (Development Plan approval required).

(3) One-family dwelling may be a mobile home on a permanent foundation, see Section 35.442.140 (Mobile Homes on Foundations).

(4) Limited to student housing facilities located in an area where such facilities are to be used by students of a permitted educational facility.

(5) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(6) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits).

Key to Zone Symbols

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.423.030.C (Development Plan approval required).

(3) Shall comply with the requirements of the PU zone; see Table 2-11 (Special Purpose Zones Development Standards) and Section 35.425.050 (PU Zone Standards).

(4) Does not include electrical transmission lines outside the jurisdiction of the County.

(5) Not applicable to facilities constructed by the County.

(6) May include paramedic services associated with a fire station.

(Ord. No. 5169, § 3, 11-29-2022; Ord. No. 5203, § 2, 2-13-2024)

A.

Minimum lot size.

1.

Minimum area and width. Each lot in a proposed subdivision shall comply with the minimum lot area and width requirements in Table 2-5 (Minimum Lot Size). Area requirements are gross or net as noted; minimum lot widths are gross or net, as noted.

2.

Minimum depth. Minimum lot depth shall be determined by the review authority through the subdivision approval process.

B.

Minimum building site area for residential use. Each primary dwelling and it's allowed accessory structures shall be located on a lot with the minimum area and width shown in Table 2-5 (Minimum Lot Size); except that:

1.

A dwelling and its accessory structures and uses may be located on a lot of less area, except for a fraction lot; and

2.

A dwelling and its accessory structures and uses may be located on a lot of less width.

Table 2-5 - Minimum Lot Size

Notes:

(1) The DR zoning map symbol is accompanied by a number that specifies the allowable number of units per gross acre, see Table 2-7 (DR Zone Maximum Density).

35.423.050 - Residential Zones Development Standards

A.

General development standards. Development within the residential zones shall be designed, constructed, and established in compliance with the requirements in Table 2-6 (Residential Zone Development Standards) and all applicable standards in Division 35.3 through Division 35.6 of this Development Code.

Table 2-6 - Residential Zone Development Standards

Table 2-6 - Residential Zone Development Standards - Continued

Notes:

(1) See Subsection 35.423.060.D for site coverage, height limit, and open space standards for qualifying affordable housing, senior housing, or special care housing developments.

B.

Accessory storage of materials. Storage accessory to the principal structure or use on the site on which the storage is located is subject to the following standards. A Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) is not required to establish accessory storage except when 1) this Subsection B requires a permit for a specific type of storage, or 2) the storage involves construction of a new structure or alteration of an existing structure that is not exempt from a Land Use Permit in compliance with Section 35.420.040 (Exemptions from Planning Permit Requirements), or 3) the accessory storage in not in compliance with Section 35.420.040 (Exemptions from Planning Permit Requirements). However, other permits may be required in compliance with Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code. Nothing in this

Subsection 35.423.050.B shall be construed as preventing the enforcement or implementation of the provisions of Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code.

1.

Building materials and equipment used in a construction project.

a.

The following storage of building materials and equipment used in a construction project is allowed on residentially zoned lots. Storage of building materials and equipment include stockpiles of construction materials, tools, equipment, and building components assembly operations.

(1)

Same or adjacent lot. The storage of building materials and equipment used in a construction project on the same lot on which the construction is occurring or on a lot adjacent to the lot on which the construction is occurring provided:

(a)

There is a valid building permit or planning permit in effect for the construction project; and

(b)

When storage is proposed on a lot adjacent to the lot on which the construction is occurring, the planning permit application for the construction project shall also include the adjacent lot and shall describe the storage proposed to occur on the adjacent lot.

(2)

Construction related to an approved Final Development Plan. The storage of building materials and equipment used in a construction project where concurrent development is occurring on several lots at the same time in compliance with an approved Final Development Plan or other planning permit or building permit that allows construction activities to occur on several lots that are proximate to one another.

b.

The storage of building materials and equipment not allowed by Subsection B.1.a, above, or B.2, below, is considered a Contractor Equipment Storage Yard which is not allowed in residential zones.

2.

Outdoor storage of miscellaneous materials. The storage of miscellaneous materials including articles, building materials not associated with the construction of a structure for which there is an valid planning or building permit), equipment, junk, motor vehicle parts, scrap or tools outside of a fully enclosed or fully screened structure is subject to the following requirements.

a.

Area occupied by stored materials.

(1)

Stored materials shall be limited to the following maximum area, based upon the lot area of the lot.

Lot Area (gross)

Maximum Allowed Area of Storage

(2)

No more than 100 square feet of the maximum allowed area of storage shown in the table above may be devoted to the storage of junk, including scrap material, salvage material or used material held for recycling, reuse or resale.

b.

Maximum height of stored materials. Five feet.

c.

Screening required. Except for stacked, cut firewood for on-site domestic use only, the outdoor storage of miscellaneous materials shall be enclosed within a six-foot high solid wood fence or masonry wall. The fence or wall shall be located in close proximity to the materials being stored so as to effectively screen the storage area.

d.

Location of storage. Storage of miscellaneous materials shall not be located within required front setback or side setback areas in compliance with Section 35.423.050 (Residential Zones Development Standards).

e.

Modification of standards allowed with a Conditional Use Permit. The storage of miscellaneous materials that does not comply with the standards contained in Subsection a. through d. of Subsection B.2, above, may be allowed in compliance with a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits).

f.

Noncompliance deemed a violation of this Development Code. As of June 1, 2012, storage of miscellaneous materials that does not comply with the standards contained in Subsections a. through d. of Subsection B.2, above, or is not allowed by a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits) as allowed by Subsection B.2.e, above, shall be considered a violation of this Development Code and subject to enforcement and penalties in compliance with Chapter 35.498 (Enforcement and Penalties).

C.

Motor vehicle assembly, dismantling, maintenance, repair, restoration, etc. The assembling, disassembling, modifying, repairing, restoration, servicing, wrecking or otherwise working (hereinafter referred to as "work"

within the meaning of this Subsection C) on a motor vehicle is allowed only in compliance with the following standards. This Subsection C. shall not apply to occasional minor maintenance such as changing belts, hoses, oil and spark plugs. Nothing in this Subsection C shall be construed as preventing the enforcement or implementation of the provisions of Chapter 17 (Solid Waste Services) or Chapter 19 (Junk Yards and Dumps) or Chapter 23 (Motor Vehicles and Traffic) of the County Code.

1.

Work is restricted to vehicles that are registered with the California Department of Motor Vehicles to a person residing on the lot on which the work occurs. Residing on a lot does not include transient occupancies where the occupancy is for a period of less than 30 days.

2.

Vehicle dismantling shall not occur outside of a fully enclosed or fully screened structure and such vehicles shall not be kept, parked or stored outside of a fully enclosed or fully screened structure or on parking spaces required in compliance with Section 35.436.050 (Required Number of Spaces: Residential Uses).

3.

Any storage of vehicle parts located outside of a fully enclosed or fully screened structure shall be in compliance with Subsection B (Accessory storage of materials), above, and shall not be located on parking spaces required in compliance with Section 35.436.050 (Required Number of Spaces: Residential Uses).

4.

Work associated with the preparation for sale of vehicles or vehicle parts for sale is not allowed.

5.

Modifications to standards allowed with a Conditional Use Permit. Work that does not comply with the standards contained in Subsections C.1 through C.4, above, may be allowed in compliance with a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits).

6.

Noncompliance deemed a violation of this Development Code. As of June 1, 2012, any motor vehicle assembly, dismantling, maintenance, repair, restoration, etc that does not comply with the standards contained in Subsections C.1 through C.4, above, or is not allowed by a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits) as allowed by Subsection C.5, above, shall be considered a violation of this Development Code and subject to enforcement and penalties in compliance with Chapter 35.498 (Enforcement and Penalties).

Proposed development and new land uses within the DR zone shall comply with the following standards, in addition to those in Section 35.423.050 (Residential Zones Development Standards).

A.

Maximum density. The number of dwelling units on a lot shall not exceed the maximum specified by Table 2-7 (DR Zone Maximum Density) for each DR zoning designation shown in Table 2-7 (DR Zone Maximum Density).

Table 2-7 - DR Zone Maximum Density

B.

Open space.

1.

Minimum area. Except for developments that are permitted in compliance with Subsection D (Affordable housing, senior housing, or special care housing developments), below, a minimum of 40 percent of the net site area shall be reserved for the life of the project as common open space.

2.

Title to open space area. Title to the common open space, common recreational facilities, common parking areas, and private streets shall be held by a non-profit association of all homeowners within the project area, or any other non-profit individual or entity on such reasonable terms and conditions as the Board may prescribe. The reasonable terms and conditions may include restricting the rights to develop the property to the uses described in the approved Final Development Plan for the project. The preservation and maintenance of all common open space, common recreational facilities, common parking areas, and private streets shall be the obligation of the individual or entity holding title to these areas.

C.

Condominiums, stock cooperatives, community apartments. The review authority may apply the following standards as conditions of approval of a condominium, stock cooperative, or community apartment project where allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses):

1.

Laundry facilities. Each dwelling unit shall be provided separate laundry facilities. The Final Development Plan shall show sufficient space, utility connections, and vents to allow for the installation of a clothes washer and dryer in each unit or in a garage, not to encroach upon parking.

a.

Affordable housing projects. For affordable housing overlay projects or housing developments that provide a minimum of 50 percent of the housing units at the required affordable income levels, the laundry facilities may be provided in a common area within the development. A minimum of one standard capacity size washer and dryer shall be provided for each four dwelling units contained within the same structure.

2.

Open space.

a.

Common. Common open space and recreation areas shall be designed to provide access for the handicapped.

b.

Private. Each dwelling unit shall include a private outdoor patio area in the form of ground level patios or upper story balconies. Private patios shall not be less than 20 percent of the gross floor area of the dwelling unit. If the required patio area is less than 200 square feet, then this requirement shall be satisfied by providing only one patio or balcony for the dwelling unit.

3.

Storage space. Each dwelling unit shall be provided with at least 180 cubic feet of weatherproofed, enclosed, lockable, and easily accessible storage space onsite in addition to the storage space of closets, cabinets, and pantries contained within the dwelling units.

4.

Utility metering. Individual metering for utilities shall be provided for each unit, unless the metering would conflict with an innovative energy efficient or resource conserving utility system designed for the project.

D.

Affordable housing, senior housing, or special care housing developments. This subsection provides development standards for height limit, open space, parking, and site coverage in order to provide incentives and greater flexibility for certain affordable housing, senior housing, or special care housing developments proposed on lots zoned DR consistent with Program 1.16 of the 2015-2023 Housing Element.

1.

Applicability. This Subsection D (Affordable housing, senior housing, or special care housing developments) shall only apply to projects that comply with the types of development specified below:

a.

Affordable housing. For the purposes of this section, affordable housing is defined as housing developments with all housing units (excluding units inhabited by employees of the development living onsite) dedicated and restricted to housing affordable to low-income households, very low-income households, and/or extremely low-income households, as defined in Table 2.7, page 2-11 of the Santa Barbara County 2015-2023 Housing Element Update.

b.

Senior housing. For the purposes of this section, senior housing is defined as housing developments with all housing units (excluding units inhabited by employees of the development living on-site and/or units inhabited by people as required for consistency with federal, state, and/or local fair housing law) dedicated and restricted to housing at least one senior person. For the purposes of this section, a senior person is defined as someone 55 years of age or older.

c.

Affordable senior housing. For the purposes of this section, affordable senior housing is defined as housing developments with all housing units (excluding units inhabited by employees of the development living onsite and/or units inhabited by people as required for consistency with federal, state, and/or local fair housing law) dedicated and restricted to affordable housing (as defined in Subsection 35.423.060.D.1.a, above) for seniors (as defined in Subsection 35.423.060.D.1.b, above).

d.

Mixed affordable housing and senior housing. For the purposes of this section, mixed affordable housing and senior housing is defined as housing developments with all housing units (excluding units inhabited by employees of the development living on-site and/or units inhabited by people as required for consistency with federal, state, and/or local fair housing law) dedicated and restricted to affordable housing (as defined in Subsection 35.423.060.D.1.a, above), senior housing (as defined in Subsection 35.423.060.D.1.b, above), and/or affordable senior housing (as defined in Subsection 35.423.060.D.1.c, above).

e.

Special care housing. For the purposes of this section, special care homes as defined in Chapter 35.500 (Definitions).

2.

Modified development standards for qualifying projects. The following development standards regarding height limit, open space, parking, and site coverage shall apply to projects developed in compliance with Subsection D (Affordable housing, senior housing, or special care housing developments) instead of the respective standards listed in Table 2-6 (Residential Zones Development Standards), Subsection B (Open space), above, and Chapter 35.436 (Parking and Loading Standards). These modified development standards shall be considered the site development standards for calculating density bonuses and granting incentives or concessions in compliance with the California Density Bonus Law (Government Code (Government Code Section 65915 - 65918) and the Density Bonus Program (see Chapter 35.432, Density Bonus for Affordable Housing).

a.

Height limit. 40 feet.

b.

Open space. A minimum of 30 percent of the net site area shall be reserved for the life of the project as common open space and/or public open space.

(1)

Calculation of Common Open Space. Common space may also include the areas listed below in addition to the areas listed in the definition of Common Space in Chapter 35.500 (Definitions). Hard surfaced sidewalks located outside of Common Open Space shall not qualify as Common Open Space.

(a)

Community patios.

(b)

Deck or patios associated with swimming pools located within common open space areas.

(c)

Detention basins that function as common open space.

(d)

Hard surfaced sidewalks when located within common open space areas.

(2)

Calculation of Public Open Space. Public open space may also include the areas listed below in addition to the areas listed in the definition of Public Open Space in Chapter 35.500 (Definitions).

(a)

Detention basins that function as public open space.

(3)

Title to open space area. Title to the common open space, common recreational facilities, common parking areas and private streets shall be held in accordance with Subsection 35.423.060.B.2.

c.

Parking. Parking requirements shall be as follows:

Residential Development Parking Spaces Required

Notes:

(1) Does not apply to special care homes serving 6 or fewer clients that are permitted as a one-family dwelling.

(1)

Contingency parking plan.

(a)

For all developments incorporating the modified parking standards of this section, applicants shall submit a contingency parking plan. The contingency parking plan shall demonstrate that the proposed development can be modified to provide parking as required irrespective of Subsection 35.423.060.D. Space required for the contingency parking plan shall not count toward the open space requirement for the proposed development.

(b)

Applicants shall evaluate parking post-occupancy and shall submit annual post-occupancy parking evaluations to the County during the first three years of occupancy. The County may require the submittal of additional annual parking evaluations if the units are not fully occupied within three years. The evaluations shall compare actual parking demand to existing parking supply and address the occupancy rate of the development. If the County determines that the number of existing parking spaces is less than actual parking demand, the applicant shall implement the contingency parking plan and construct additional parking spaces.

d.

Maximum site coverage. 40 percent of the net site area for structures containing residential uses.

3.

Requirement to record an affordable housing agreement and resale and rental restrictive covenant for affordable housing and senior housing projects. Prior to issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) for an affordable housing project or senior housing project, each project shall record, as applicable:

a.

Affordable housing projects. An affordable housing agreement and resale and rental restrictive covenant, or other equivalent document approved as to form by the County Counsel, which outlines the following: the sales and/or rental prices for the various types of units to be established; and provisions for the sale, resale, renting and restrictions that will be applicable to the project, to ensure the continued availability for a

minimum of 45 years, restarting for up to 90 years upon resale of a unit, of units for purchase or occupancy by target households. In addition, the running of the covenant, or other equivalent document approved as to form by the County Counsel, shall be tolled during any period of violation of said document's terms.

b.

Senior housing projects. A senior housing agreement and resale and rental restrictive covenant, or other equivalent document approved as to form by the County Counsel, which outlines the provisions for the sale, resale, renting and restrictions that will be applicable to the project, to ensure the continued availability, for a minimum of 45 years, restarting for up to 90 years upon resale of a unit, of units for purchase or occupancy by seniors. In addition, the running of the covenant, or other equivalent document approved as to form by the County Counsel, shall be tolled during any period of violation of said document's terms.

Proposed development and new land uses within the PRD zone shall comply with the following standards, in addition to those in Section 35.423.050 (Residential Zones Development Standards).

A.

Specific Plans. For areas requiring a Specific Plan in compliance with the Comprehensive Plan, a Specific Plan shall be filed and approved in compliance with Chapter 35.478 (Specific Plans) prior to the submittal of a Preliminary Development Plan. The Director may waive the requirement for the Preliminary Development Plan if the Director determines that the approved Specific Plan provides the same information as required for a Preliminary Development Plan. All Development Plans shall comply with the Specific Plan for the project area.

B.

Requirements of the Comprehensive Plan. Additional site specific requirements for property designated for Planned Development (PD) on the Land Use Element Maps may be set forth in the text of the Comprehensive Plan.

C.

Setback requirements. Setbacks shall be proposed and approved on the Preliminary and Final Development Plans to protect and preserve property values of the site and adjacent properties, ensure compatibility of different uses, avoid nuisances, and advance the general welfare within the PRD zone. In addition, siting of structures shall be based on the following factors: privacy, light and air, solar exposure, building configuration, and aesthetics.

D.

Streets. Streets may be public or private; provided that all private streets shall be constructed to County standards, and adequate provisions shall be made in the codes, covenants and restrictions to ensure the adequate maintenance of private streets. The standards for any onsite improvements (streets, walks, drainage, and utilities) may be modified for a planned residential development by the County upon recommendation from the Public Works Department. Street design shall relate to the function of the street

and, particularly in hillside areas where no on-street parking is necessary or permitted, street widths may be reduced. Innovation in street and walkway design, the use of cul-de-sacs and loop streets, and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be only from project streets.

E.

Open space.

1.

Amount. The County shall specify the required amount of public and/or common open space in a planned residential development at the time of approval of the Development Plan but in no case shall the total amount of public and/or common open space be less than 40 percent of the gross acreage. Determination of the appropriate amount of public and/or common open space shall be based on consideration of the following factors:

a.

The need to protect for public use areas historically used by the public such as beaches and trails;

b.

The avoidance of siting of structures in hazardous areas or on steep slopes;

c.

The protection of environmentally sensitive habitat areas and archaeological sites; and

d.

The protection of scenic areas of the site.

Lands to be preserved as open space may be dedicated in fee to the County or other public agency or may remain in private ownership with dedication of only appropriate scenic and/or open space easements. For lands counted as public open space that remain in private ownership, the County shall require granting of an easement guaranteeing the public's right of access and use of such open space.

2.

Maintenance of public open space. The County may require the applicant or Homeowners' Association to maintain all public open spaces and related facilities for a specified period after occupancy of the planned residential development or may require payment of an in-lieu fee if the County maintains the public open space and related facilities. If the applicant or Homeowners' Association is to maintain public open spaces, prior to the approval of any permits for construction, a bond or other approved financial security shall be posted guaranteeing maintenance.

3.

Maintenance of common open space. Common open space shall be deeded to the Homeowners' Association and held in undivided ownership by the owners of the planned residential development. Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land as described in the approved Final Development Plan.

F.

Homeowners' Association. At the time of submittal of a Preliminary or Final Development Plan, the applicant shall file a description of the proposed organization of the Homeowners' Association including conditions, covenants, and restrictions that will govern the Association. The description shall include the following provisions:

1.

The Homeowners' Association shall be established before the homes are sold;

2.

Membership shall be mandatory for each home buyer and any successive buyer;

3.

The Association shall be responsible for liability insurance, property taxes, and maintenance of common open space and recreational and other common facilities;

4.

Homeowners shall pay their pro rata share of all costs of the Association and the assessment levied by the Association can become a lien on the property; and

The Association shall be able to adjust the assessment to meet changed needs.