13-101.     The purpose of this Article is to provide regulations and standards for residential subdivision development, which:

(13-101 Revised 09-19-18)

a.     Protects constrained and sensitive lands, including those areas containing sensitive and undevelopable features such as steep slopes, floodplains and wetlands, by setting them aside from development;

b.    Conserves conservation and open space land, including those areas containing unique or natural features such as grasslands, woodlands, streams, stream corridors, berms, watercourses, farmland, wildlife habitats, historical buildings and/or sites, archeological sites, and green space, by setting them aside from development;

c.     Provides greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;

d.    Reduces erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes and other constrained and sensitive lands;

e.     Provides for a diversity of lot sizes to accommodate a variety of age and income groups and residential preferences, so that the community’s population diversity may be enhanced;

f.     Provides incentives for the creation of greenways and open space within the City;

g.     Implements adopted City policies to conserve a variety of irreplaceable and environmentally sensitive resource lands;

h.    Implements adopted land use, environment, natural hazards, transportation, and community policies;

i.     Creates neighborhoods with direct visual and/or recreational access to constrained, sensitive and conservation land;

j.     Provides for the conservation and maintenance of constrained, sensitive and conservation land within the City to achieve the above-mentioned goals;

k.    Provides incentives and design alternatives for landowners to minimize impacts on environmental resources such as sensitive lands, wetlands, floodplain, and steep slopes, and to minimize disturbance of natural or cultural features such as mature woodlands, tree lines, wildlife habitats and corridors, historic buildings, and floodplain walls; and

l.     Conserves scenic views and elements of the City’s rural and scenic character and minimizes perceived density by minimizing views of new development from existing roads.

13-201. Conservation Subdivision Development is provided as an alternative to development of property as a conventional subdivision pursuant to other applicable provisions of these regulations. Conservation Subdivisions may be developed in any zoning districts where the proposed development includes stream corridors, floodplains, or other natural resource areas. The intent of this Article and the Conservation Subdivision options are to encourage the creation and development of flexibly-designed open space subdivisions, and to provide additional flexibility for the protection of stream corridors, floodplains and other natural resource areas in conventional subdivisions. The election to develop property in this manner is voluntary, and when applied Conservation Subdivisions shall be developed in accordance with and subject to the development standards, conditions, procedures and regulations of this Article and with all other applicable subdivision and zoning regulations of the City which are not otherwise in conflict with the provisions of this Article. See Section 13-1101 for density standards.

(12-201 Revised 09-19-18)

13-301. For purpose of this Article, the following words shall have the following meanings:

Conservation land means land containing unique, historic, cultural, archeological, natural or other significant features, including, but not limited to, grasslands, woodlands, streams, stream corridors, berms, watercourses, farmland, wildlife habitats, historic buildings and/or sites, archeological site, and open space.

Constrained and sensitive land means land which is generally unbuildable and which contains constrained and sensitive features including, but not limited to, wetlands, floodplains, steep slopes, faults and other geologically or environmentally sensitive features.

13-401. Developers desiring to develop property as a Conservation Subdivision in accordance with and subject to the development standards, conditions, procedures and regulations of this Article are provided the following Conservation Subdivision development options. These options are provided as an incentive for developers to preserve and protect natural resources on their property as permanent open space, particularly streams and floodplains; and to provide increasing incentives for those developers that protect a greater percentage of their property.

a.     Tier One: Stream and Floodplain Conservation. Tier One Conservation Subdivision provides for residential development at the base density permitted in the underlying residential zoning district plus a net 5% density incentive. In order to obtain the Tier One density incentive permitted herein, the development must utilize a conservation design which sets aside and preserves all streams, stream corridors, and floodplains.

b.    Tier Two: Natural Areas Conservation. Tier Two Conservation Subdivision provides for residential development at the base density permitted in the underlying residential zoning district plus a 10% net density incentive. In order to obtain the Tier Two density incentive permitted herein, the development must utilize a conservation design which sets aside and preserves all streams, floodplains and vegetated stream corridors, and all additional constrained and sensitive lands, natural hazards and resources.

c.     Tier Three: Enhanced Conservation. Tier Three Conservation Subdivision provides for residential development at the base density permitted in the underlying residential zoning district plus a 15% net density incentive. In order to obtain the Tier Three density incentive permitted herein, the development must utilize a conservation design which sets aside and preserves all streams, floodplains and vegetated stream corridors; all additional constrained and sensitive lands and natural hazards and resources; and additional, usable open space. The total open space provided must equal at least 35% of the development to qualify.

(13-401, 13-401-a-b Revised; 13-401-c Added 09-19-18)

13-501. Application for a Conservation Subdivision shall be submitted and processed in accordance with the requirements and procedures set forth in the City’s Subdivision Regulations, including submission and approval of schematic, preliminary and final plans or plats, and any additional procedural requirements set forth in this Article.

13-601. In order to ensure the preservation and enhancement of existing conditions of certain property within the City, including, but not limited to, constrained and sensitive lands, natural and cultural resources, wildlife habitat and other unique and sensitive lands, no new development activity shall be permitted on property proposed for development as a Conservation Subdivision prior to final plat approval as provided herein. Upon final plat approval, all development activity shall be conducted in accordance with and subject to applicable permit and development approval processes required by City laws and these regulations. For purposes of this Section, “development activity” shall include any disturbance or alteration of the property in any way, but shall not include continuation of any currently existing permitted use of the property.

13-701. Subject to the provisions set forth herein, any provision of this Article may be waived. Such waiver(s) shall be granted only in limited circumstances as deemed appropriate and necessary by the Board of Zoning Appeals. No waiver shall be granted absent a finding of good cause based upon specific special circumstances attached to the property. No waiver should be granted that would be contrary to the public interest or contrary to the underlying intent of this Article. Any waiver of the required minimum conservation land dedication shall require comparable compensation, off- site improvements, amenities or other consideration of comparable size, quality and/or value.

13-801. All applications for a Conservation Subdivision shall include a Subdivision Yield Plan prepared in accordance with the provisions of this section. The Subdivision Yield Plan is utilized to determine and calculate the base number of dwelling units for any given property to be developed as a Conservation Subdivision.

a.     Subdivision Yield Plan. Applicants shall prepare a Subdivision Yield Plan for the proposed project showing how the property within the project could be developed under a Conventional Subdivision layout using the dimensional standards set forth in Subsection c. The Subdivision Yield Plan is not intended to propose or permit the actual development of the property in accordance with the dimensional standards set forth herein but is prepared merely to determine the base number of dwelling units to be used in calculating the permitted number of dwelling units and lot size for the actual Conservation Subdivision. No subdivision may be developed in accordance with the dimensional standards set forth in Subsection c of a proposed Subdivision Yield Plan.

b.    Realistic Layout. The Subdivision Yield Plan must be drawn to scale and must exhibit a realistic layout reflecting a Conventional Subdivision layout that could reasonably be expected to be implemented in consideration of dimensional standards set forth herein and calculating and addressing the presence of non–buildable or infrastructure areas, including, but not limited to, rights-of-way, public improvement areas, wetlands, floodplains, steep slopes, and existing easements or encumbrances.

c.     Dimensional Standards. The Subdivision Yield Plan shall reflect the following dimensional standards:

d.    Approval. The Subdivision Yield Plan must be approved in writing by the Zoning Administrator for compliance with the standards and provisions of this Section prior to the submission of a Schematic Plan for a Conservation Subdivision.

13-901. All applications for a Conservation Subdivision shall include a Sensitive Area Designation Plan prepared in accordance with the provisions in this section. The Sensitive Area Designation Plan shall identify all constrained and sensitive lands within the property boundaries and within four hundred (400) feet outside of the property boundaries, including, but not limited to, floodplains, wetlands and steep slopes. The Sensitive Area Designation Plan shall also clearly identify all natural or cultural resources present on the property and within four hundred (400) feet outside of the property, including, but not limited to, geographic features, including, but not limited to, meadows, grasslands, woodlands, streams, stream corridors, watercourses, farmland, wildlife corridors and/or habitat; historic buildings and/or sites; archeological sites; cultural features and green space.

13-1001. When deemed necessary or desirable by the City, application and approval for a Conservation Subdivision may require the submission and approval by the City of a Master Development Plan and/or Development Agreement. Such Master Development Plan and/or Development Agreement may be required by the City at any stage of the subdivision approval process.

13-1101.

a.     Density. The permitted density for development within a Conservation Subdivision shall be determined in accordance with the following chart, hereinafter referred to as the Development Incentive Chart. The percentage increases noted as the multiplier in the Chart are percentage increases from the base density identified in the approved Subdivision Yield Plan for the proposed development.

b.    Minimum Required Conservation Land. All Conservation Subdivisions shall preserve at a minimum streams, stream corridors and floodplains. Additional incentives are provided with greater percentages of conservation land within the Conservation Subdivision as set forth in the Development Incentive Chart in Subsection a. The percentage of conservation land for any given Conservation Subdivision shall be calculated based upon the total acreage of property within the proposed subdivision, less areas containing streams and stream corridors, floodplains, other constrained and sensitive lands, and additional usable open space. Required conservation land may include any constrained or sensitive lands as defined herein, including land preserved for stream setbacks. Except as otherwise provided herein, conservation land shall not be included within any residential lot.

c.     Lot Area. The lot area and minimum lot size for lots within a Conservation Subdivision shall be determined in accordance with the Development Incentive Chart set forth in Subsection a. For Option Three Conservation Subdivisions, the minimum lot size shall be calculated by reducing the minimum lot size for the relevant zoning district by the proportion of land set aside for conservation, plus the appropriate incentive multiplier; except that in no case shall the minimum lot size be less than that allowed in an HO Housing Opportunity Overlay District, (see Article 12-404 of Zoning Regulations) including additional density incentives allowed within that district. For Option One and Two Conservation Subdivisions the typical lot area is likely to be much closer in size to the established threshold for each zone because that lot size can be delivered by developers while still meeting the minimum conservation land requirements.

d.    Lot Width at Building Line. The minimum lot dimensions for main buildings within a Conservation Subdivision shall be calculated by reducing the minimum lot dimensions for the base zoning district by the proportion of land set aside for conservation, plus the appropriate incentive multiplier; except that in no case shall the minimum lot width be less than that allowed in an HO Housing Opportunity Overlay District (see Article 12-404 of Zoning Regulations).

e.     Yard Regulations. The builder or developer of a Conservation Subdivision is encouraged to consider variations in the principal building position and orientation, but shall observe the following minimum standards for buildings within a Conservation Subdivision. Minimum yard dimensions shall be calculated by reducing the yard dimensions for the base zoning district by the proportion of land set aside for conservation, plus the appropriate incentive multiplier; except that in no case shall the minimum yard dimensions be less than that allowed in an HO Housing Opportunity Overlay District (see Article 12-402 of Zoning Regulations). Exceptions to these minimum setback regulations may be approved by the City, in its sole discretion, during plat approval process when deemed appropriate and desirable under the circumstances.

(13-1101-a-b-c-d-e Revised 09-19-18)

13-1201.

a.     Individual Lots. Individual lots in Conservation Subdivisions shall be laid out pursuant to the dimensional standards set forth herein. Except as otherwise provided for herein, individual residential lots shall not encroach upon or contain any of the required minimum designated conservation land for the subdivision or any constrained or sensitive lands, as defined herein.

b.    Buffer from Road. All new dwellings shall be arranged and located a minimum of eighty (80) feet from all external roads with a functional classification higher than a local street.

c.     Views of Housing. Views of housing from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

d.    Access. Lots shall be accessed from interior streets, rather than from roads bordering the tract.

e.     Abut Conservation Lands. At least half of the lots shall directly abut conservation land or face conservation land across a street.

f.     Conservation Lands. Standards pertaining to the quantity, quality, configuration, use, permanent protection, ownership, and maintenance of the conservation land within a Conservation Subdivision shall be complied with as provided herein.

g.     Constrained and Sensitive Lands. Restrictions and regulations regarding the preservation, protection, ownership, and maintenance of constrained and sensitive lands within a Conservation Subdivision shall be complied with as provided herein.

13-1301.

a.     Subdivision. Subject to use and development restrictions of constrained and sensitive lands as set forth herein, land within Conservation Subdivisions may be used for the following purposes:

1.    Permitted Uses. Any uses permitted in the relevant zone.

2.    Conservation Land. Conservation land, subject to the use and development restrictions of conservation land as set forth herein.

3.    Accessory Uses. Any permitted accessory uses as provided in the relevant zoning regulations.

b.    Conservation Land. Conservation land may be used for the following purposes:

1.    Permitted Uses. The following uses are permitted in conservation land areas, provided that buildings, structures, and impervious areas are located outside of floodplains or identified 100-year conveyances and comply with stream setbacks, except as noted below:

(13-1301-b-1 Revised 09-19-18)

(A)  Conservation of open land in its natural state; e.g., meadow, grassland, woodlands, farmland, etc.

(B)  Paved and unpaved greenway trails, bicycle and pedestrian trails, walking paths and wildlife observation areas; paved trails in the floodplain are acceptable.

(13-1301-b-1-b Revised 09-19-18)

(C)  Pastureland.

(D)  Equestrian facilities.

(E)   Utility easements for underground drainage, access, sewer or water lines, or other public purposes.

(F)   Above-ground utility and street rights-of-way may traverse conservation land if permitted under City ordinances; provided, areas encumbered by such facilities and/or rights-of-way shall not be counted towards the minimum required conservation land for the Subdivision. Exceptions may be approved by the City, in its sole discretion, during plat approval process when deemed appropriate and desirable under the circumstances.

(13-1301-b-1-f Revised 09-19-18)

2.    Conditional Uses. The following uses shall be considered as conditional in conservation land areas, provided that buildings, structures, and impervious areas are located outside of floodplains or identified 100-year conveyances and comply with stream setbacks

(13-1301-2 Revised 09-19-18

(A)  Agricultural and horticultural uses, including raising crops or livestock and associated buildings that support an active, viable agricultural or horticultural operation, excluding livestock operations. Livestock must be located outside the floodplain; direct livestock access to streams shall be prevented.

(13-1301-2-a Revised 09-19-18)

(B)  Wholesale nurseries and associated buildings that are specifically needed to support active, viable horticulture operations.

(C)  Neighborhood open space uses such as commons, picnic areas, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact. Trails and walking paths may be located in the floodplain with appropriate separation from streambanks and must comply with floodplain management and stream setback requirements.

(13-1301-2-c Revised 09-19-18)

(D)  Active non-commercial recreational areas, such as playing fields, playgrounds, and courts. Buildings and structures must be located outside the floodplain and must comply with stream setbacks.

(13-1301-2-d Revised 09-19-18)

(E)   Golf courses, not including miniature golf.

(F)   Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation land.

3.    Prohibited Uses. Except as otherwise approved and permitted by the City as a permitted or conditional use in conjunction with the Conservation Subdivision approval, except as otherwise regulated and allowed under the Ottawa City Code, the following uses are prohibited in conservation land areas:

(A)  Any residential, commercial or industrial activity;

(B)  Any development, construction or location of any man-made modifications or improvements such as buildings, structures, roads, parking lots, or other improvements.

(C)  Any filling, dredging, excavating, mining, drilling, or exploration for and extraction of oil, gas, minerals or other resources from the property;

(D)  Any dumping or storing of ashes, trash, garbage or junk;

(E)   Burning of any materials, except as necessary for agricultural, drainage and fire protection purposes;

(F)   The use of motor vehicles, including snowmobiles, all-terrain vehicles, motorcycles and other recreational vehicles, except as may be necessary to maintain and operate the property and/or utility facilities within the property;

(G)  Hunting or trapping for any purpose other than predatory or problem animal control;

(H)  Advertising of any kind or nature and any billboards or signs; provided, directory and information signs may be displayed describing the easement and prohibited or authorized use of the same;

(I)    Any cutting of trees or vegetation, except as necessary for fire protection, thinning, elimination of diseased growth, control of non–native plant species, maintenance of landscaped areas, and similar protective measures or those activities relating to permitted agricultural uses;

(J)   The change, disturbance, alteration, or impairment of significant natural ecological features and values of the property or destruction of other significant conservation interests on the property;

(K)  The division or subdivision of the property;

(L)   Changing the topography of the property by placing on it any soil, dredging spoils, land fill, or other materials, except as necessary to conduct specific permitted purposes; and

(M)  All other uses and practices inconsistent with and detrimental to the stated objectives and purposes of the easement.

c.     Constrained and Sensitive Lands. No development or residential uses shall be permitted within constrained and sensitive lands. Livestock, buildings and structures must be located outside the floodplain and must comply with stream setbacks. Direct livestock access to streams must be prevented.

(13-1301-c Revised 09-19-18)

13-1401. Designated conservation land within a Conservation Subdivision shall meet the following standards:

a.     Significant Areas and Features. Conservation land should include the most unique and sensitive resources and locally significant features of the property within the Subdivision such as meadows, grasslands, woodlands, streams, stream corridors, berms, watercourses, farmlands, wildlife habitats, historic buildings and/or sites, archeological sites, cultural features, green space, scenic views, etc.

b.    Contiguous Land. Conservation lands within a development shall be contiguous to provide for large and integrated open space areas within the Subdivision. Non-contiguous parcels of conservation lands may be approved by the City during plat approval process upon a finding that such exception is necessary and/or desirable based upon consideration of the size of the project, the size of the conservation parcels, the types of features and resources included within the conservation lands, and other relevant considerations. Long thin strips of conservation land (less than one hundred (100) feet wide) are prohibited, unless approved by the City during plat approval process upon a finding that such configuration of the conservation land is necessary and/or desirable to connect other significant areas, to protect linear resources such a streams or trails, or to provide a buffer.

c.     Open Space Network Connection. Whenever feasible, conservation land within a Conservation Subdivision shall be designed and laid out as part of a larger continuous and integrated open space system to ensure that an interconnected network of open space will be provided throughout the City.

d.    Visibility. Conservation land shall be located and designed within the Conservation Subdivision to add to the visual amenities of neighborhoods and to the surrounding area by maximizing the visibility of internal open space. Such enhanced visibility of conservation land may be accomplished through design and location of such open space as terminals at the ends of streets or along single-loaded street segments, particularly along the outside edges of street curves, and by maximizing the visibility of external open space as perimeter greenbelt conservation land.

e.     Resource Uses. A substantial amount of the minimum required conservation land may be devoted to active resource uses such as agriculture, horticulture, or equestrian uses; provided, at least twenty percent (20%) of the minimum required conservation land remains available for the common use and enjoyment of the subdivision residents or the public.

f.     Recreational Uses. A substantial amount of the minimum required conservation land may be comprised of active recreation facilities such as playing fields, golf courses, tennis courts, etc., exclusive of parking lots; provided, at least twenty percent (20%) of the minimum required conservation land remains available for common use and enjoyment of the subdivision residents or the public.

g.     Buffering. Conservation land shall be designed to provide buffers and to protect scenic views as seen from existing roadways and from public parks. Where the proposed development abuts a public park, open space, wildlife sanctuary or preserve, a natural greenway buffer at least fifty (50) feet wide shall be provided within the development along its common boundary with said land, within which no new structures shall be constructed, nor shall any clearing of trees be permitted (except as may be necessary for street or trail construction or fire safety). Where this buffer is unwooded, the City may require vegetative screening to be planted at developer’s sole cost and expense.

h.    Pedestrian Access. Developer shall provide adequate pedestrian access to conservation land which is open to public or resident use.

i.     Maintenance Access. Developer shall provide sufficient maintenance access to all conservation land and constrained and sensitive lands within the Conservation Subdivision.

j.     Landscaping. All conservation land that is not wooded, farmed or maintained as conservation, grassland, or other approved open space, shall be landscaped at developer’s sole cost and expense in accordance with landscaping requirements for subdivisions.

13-1501.

a.     Conservation Easement. All conservation land shall be permanently restricted from future development by a conservation easement or other method of protection and preservation acceptable to the City. Under no circumstances shall any development be permitted in the conservation land at any time, except for those permitted or conditional uses listed herein and approved I conjunction with the Conservation Subdivision. All conservation easements, or other acceptable method of protection and preservation of the conservation land within a Conservation Subdivision, shall be approved by the City and recorded prior to or concurrent with the recording of the final plat for the Conservation Subdivision.

b.    Terms and Conditions. All conservation easements, or other acceptable method of protection and preservation of the conservation land within a Conservation Subdivision, shall be in substantially the same form as the standard conservation easement form provided by the City and shall include, at a minimum, the following terms and/or conditions:

1.    legal description of the easement;

2.    description of the current use and condition of the property;

3.    permanent duration of easement;

4.    permitted and conditional uses;

5.    prohibited development and/or uses;

6.    maintenance responsibilities and duties; and

7.    enforcement rights and procedures.

c.     Grantee. Unless otherwise approved by the City, the grantee of a conservation easement shall consist of one of the following acceptable entities which entity shall be qualified to maintain and enforce such conservation easement: land trust, conservation organization or governmental entity. The City may, but shall not be required to, accept, as grantee, a Conservation Easement encumbering conservation lands within a Conservation Subdivision, provided there is no cost of acquisition to the City for the easement and sufficient access to and maintenance responsibilities regarding the conservation land are provided.

13-1601.

a.     Undivided Ownership. Unless otherwise approved by the City and subject to the provisions of this Article, the underlying fee ownership of the conservation land shall remain in single ownership and may be owned and maintained by one of the following entities: homeowners’ association, land trust, conservation organization, governmental entity, or private individual.

b.    Property subject to a conservation easement, or other acceptable method of protection and preservation, shall not be subdivided.

c.     Owners’ Association. Conservation land may be held in common ownership by a condominium homeowners’ or other acceptable owners’ association, subject to all of the provisions for owners’ associations set forth in State regulations and the City’s subdivision regulations. In addition, the following regulations shall be met:

1.    A description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for conservation land, including restrictive covenants for the subdivision, shall be submitted by the developer with the preliminary plat application.

2.    The proposed association shall be established prior to or concurrent with the recording of the final plat for the subdivision.

3.    Membership in the association shall be mandatory for all purchasers of property within the subdivision and their successors in title.

4.    The association shall be responsible for maintenance and insurance of conservation land.

5.    The bylaws of the association and restrictive covenants for the subdivision shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in dues.

6.    Written notice of any proposed transfer of conservation land by the association or the assumption of maintenance for the conservation land must be given to all members of the association and to the City no less than thirty (30) days prior to such event.

13-1701.

a.     Costs. Unless otherwise agreed to by the City, the cost and responsibility of maintaining conservation land shall be borne by the owner of the underlying fee of the conservation land.

b.    Plan. The developer shall submit a maintenance plan providing for and addressing the means for permanent maintenance of the conservation land within the proposed Conservation Subdivision with the preliminary plat application for the subdivision. The maintenance plan shall provide the following:

1.    The plan shall define ownership.

2.    The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (e.g., lawns, playing fields, pasture, wetlands, stream corridors, hillsides, cropland, woodlands, etc.).

3.    The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the conservation land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

4.    At the City’s discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.

c.     Approval. The maintenance plan must be approved by the City prior to or concurrent with final plat approval for the subdivision. The maintenance plan shall be recorded against the property and shall include provisions for the City’s corrective action rights as set forth herein. Any changes or amendments to the maintenance plan shall be approved by the City.

d.    Failure to Maintain. In the event that the organization established to maintain the conservation land and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the City may assume responsibility as a right but not an obligation, for maintenance, in which case any escrow funds may be fortified and any permits may be revoked or suspended.

e.     Corrective Action. The City may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the City in the Franklin County Register of Deeds’ office. The maintenance plan and all other documents creating or establishing any association or conservation organization for the property shall reference the City’s corrective action authority and shall be recorded against the property.