(A) Covenants, when required by the Commission, shall be set forth in detail. Furthermore, covenants shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording signatures of the Commission President and Secretary upon authorization by the Commission and signatures of all the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits be specifically enforceable by the Commission. An executed recorded copy shall be provided to and maintained in the Plan Commission office.
(B) The Commission shall require the recording of covenants by the County Recorder for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semi-public purposes, as part of the platting process or via an other suitable legal instrument.
(C) The Commission may require the recording of covenants based upon the approved detailed plan for any other reasonable purpose, including but not limited to, imposing development standards. Such development standards may include, but are not limited to, requirements as to the following:
(1) Lot area;
(2) Floor area;
(3) Ratios of floor space to land space;
(4) Area in which structures may be built (“buildable area”);
(5) Open space;
(6) Setback lines and minimum rear yards;
(7) Building separations;
(8) Height of structures;
(9) Signs;
(10) Off-street parking and loading space;
(11) Design standards; and
(12) Phasing of development.
(D) The petitioner shall be required to provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of this chapter.
(E) Adequate provision shall be made for a private organization (i.e., homeowners associations) with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities if such facilities are a part of the planned development, and, in such instance legal assurances shall be provided which show that the private organization is self-perpetuating.
(F) All common facilities not dedicated to the public shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(Ord. 2002-05, passed 12-30-2002, § 8.12)