(A) Purpose. The purpose of a gated community development is to permit a procedure to allow for limited access to a development with private streets and public utilities.
(B) Zoning districts. This type development shall be allowed in all residential zoning districts. Detached duplex and multiplex units will be allowed in the proper zones, not to exceed six units in a building.
(C) Development agreement. A development agreement will be executed, detailing responsibilities of the developer and city.
(D) Access. Two ways of ingress/egress must be established for use by residents, public safety, and utility personnel of connecting streets during routine maintenance and emergencies. All other governmental employees shall be granted access during the normal course of their duties.
(E) Streets and sidewalks. Streets and sidewalks shall be designed to current city standards, but will remain private.
(F) City utilities. The developer shall build water and sewer lines to city standards, turn the lines over to the city, and grant the city easements to allow for maintenance of lines and metering points.
(G) Homeowners' Association. Where open space or other infrastructure improvements are to be deeded to a homeowners' association or other such nonprofit ownership, the developer shall file a declaration of the covenants and restrictions that will govern the open space and the association or nonprofit organization. This declaration shall be submitted with preliminary plat approval and shall include, but not be limited to, the following:
(1) The homeowners' association or the nonprofit organization shall be established before any lots are sold;
(2) Membership shall be mandatory for each lot buyer and any successive buyer;
(3) The association shall provide for liability insurance, any taxes, and maintenance of grounds and facilities; and
(4) Any sums levied by the association that remain unpaid shall become a lien upon the lot owner's property.
(H) Other development standards. All other development standards in city ordinances and development specification shall be met.
(Ord. 08-12, passed 4-21-08; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)