Private maintenance of public access amenities prohibited

(1) As used in this section: (a) "Public access amenity" means a physical feature like a trail or recreation area that a municipality designates for public access and use. (b) "Retail water line" means the same as that term is defined in Section 11-8-4. (c) "Sewer lateral" means the same as that term is defined in Section 11-8-4. (d) (i) "Water utility" means a main line or other integral part of a sewer or water utility service. (ii) "Water utility" does not include a retail water line, privately owned water utility, or sewer lateral. (2) A municipality may not require a private individual or entity, including a community association or homeowners association, to maintain and be responsible for a public access amenity or water utility in perpetuity unless: (a) the public access amenity is the property located adjacent to the private property owned by the private individual or entity to the curb line of the street, including park strips and sidewalks; or (b) the private individual or entity agreed to maintain or be responsible for the public access amenity or water utility in perpetuity in a covenant, utility service agreement, development agreement, or other agreement between the municipality and the private individual or entity.