(A) A written agreement or contract shall be executed between the developer and the village prior to approval of the final development plan stating at least the following:
(1) In the event of failure of the owners, successors, or assignors to maintain any common open space or the landscaping or improvements thereon, the village may enter into the development and perform any necessary maintenance, and charge the cost, including, but not limited to, engineering and attorney fees, to the owner, successors, or assignors;
(2) The developer will construct the development and install landscaping and improvements in accordance with the approved plan; and
(3) This contract shall be binding upon the owner, successors, assignors or receivers of the development and shall constitute a lien on the property. Said agreement shall be recorded with the County Recorder in a manner that puts future property owners on notice of its requirements and application to subject property.
(B) The design criteria and construction standards and drawings along with 100% surety, and 10% maintenance surety shall apply to all public improvement construction that will eventually be taken over by the village. The 100% performance surety and 10% maintenance surety shall follow the regulations in the village subdivision regulations, even if a major subdivision is not applicable.
(C) If the Planning Commission determines it is consistent with the public health, safety, and general welfare and necessary for the overall development and usefulness of the residential PUD, commercial uses may be permitted by the Planning Commission in the development; provided they are designed and intended primarily for the use of the residents of that development. All such uses shall:
(1) Be located within a multiple dwelling, an administration building for the development or a building providing community facilities primarily serving the occupants of the development and their guests;
(2) Have no business signs, advertising or displays visible from the outside of the building in which they are located;
(3) Have a total area that does not exceed 5% of the gross floor area of all dwellings within the development;
(4) All exterior lighting of parking areas, buildings and attached signs shall be so arranged as to reflect light away from adjoining premises, and no flashing lights or signs of any kind shall be permitted, except those required by traffic regulations;
(5) All buildings, structures, parking areas, and loading spaces shall be kept and maintained in a neat and orderly manner and appearance. All areas not occupied by buildings or structures or by parking or loading areas shall be landscaped and maintained in a neat manner and appearance. Parking and loading areas located across a street from facing residential premises or closer than 30 feet to the property lines of adjoining residential premises and building entrances located closer than 50 feet to such property lines shall be appropriately screened from such adjoining premises by means of planting, ornamental fences or walls, or approved design; and
(6) In order to preserve the character of the adjacent residential areas, no outdoor display of goods, merchandise of services, or outdoor display or exhibit of any nature, shall be permitted. However, the BZA may, after public hearing, authorize a specific exhibitor display for a period up to, but not exceeding 14 days; provided that the applicant has substantiated to the satisfaction of the BZA that such display or exhibit would be appropriate in a residential PUD, and that the activity will not adversely affect adjoining or nearby residential property.
(D) (1) In a R-PUD, the common open space shall be owned by the homeowners as tenants-in-common. A homeowners’ association shall be formed prior to the conveyance of the first property, and the legal documents establishing the association shall stipulate that the association will control and have responsibility for maintenance of the common open space upon conveyance of more than 50% of the lots or units in the development. Said agreement shall be recorded with the County Recorder in a manner that puts future property owners on notice of its requirements and application to subject property.
(2) The common open space shall be protected against building development and environmental damage by conveying to the village an open space easement restricting building development and prohibiting removal of soil, trees, and other natural features, except as is consistent with conservation, recreation, or agricultural uses or uses accessory to permitted uses. This easement shall be conveyed before recording of the final plat.
(E) Copies of any management policies, deed restrictions, legal documentation, homeowner’s association agreements or covenants with the land shall be provided to the Planning Commission prior to the approval of the final development plan.
(Ord. 03-04, passed - -2002)