(a) All Planned Unit Developments must contain common open space area(s), the amount of which is required shall be determined by the Planning Commission and Council and shall be a function of the nature of the development and the avoidance of adverse impacts or blighting influences upon neighboring uses as well as consideration for improvements to the existing vehicular parking situation in the immediate vicinity of the PUD site. Such open space shall be clearly shown on the Preliminary and Final Plans, and shall be physically situated so as to be readily accessible, available to and useful to all occupants of the Planned Unit Development.
(b) All common space shown on the Preliminary and Final Plans and recorded with the County Recorder shall be conveyed in accordance with one of the following methods:
(1) By dedication to the Village as publicly owned and maintained open space. All common open space for dedication to the Village shall be acceptable to the Planning Commission and Council with regard to size, shape, location and improvement. In addition, the developer shall show that the dedication of such areas will be for the benefit of the general public of the Village.
(2) By leasing or conveying title (including beneficial ownership) to a corporation, occupants' association, trust or other legal entity. In the terms of such lease or other instrument of conveyance, provisions shall be included which are suitable to the Planning Commission and Council for guaranteeing: the continued use of such land for intended purposes; continuity of property maintenance; when appropriate, the availability of funds required for such maintenance, adequate insurance protection; and recovery for loss sustained by causality, condemnation or otherwise. In any event, the developer shall file with the County Recorder at the time the approved final development plan is filed, legal documents which shall produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for designated purposes.
(Ord. 2013-04-CD. Passed 4-2-13.)