(A) (1) Upon approval of the final PUD site plan, the applicant shall submit a written agreement setting forth the conditions upon which the PUD approval was based, as specified in § 157.198.
(2) The Planning Commission and/or Zoning Commission, as required, shall review the agreement, with assistance from the Village Attorney and Village Planner.
(3) The agreement shall be recorded in the Office of the County Register of Deeds at the expense of the applicant.
(B) The agreement shall:
(1) Set forth the conditions upon which the approval is based, with reference to the approved final PUD site plan, and environmental impact assessment;
(2) When open space or common areas are indicated in the PUD plan for use by the residents, the open space or common areas shall be conveyed in fee or otherwise committed by dedication to an association of the residents, and the use shall be irrevocably dedicated for the useful life of the residences, and retained as open space for park, recreation, or other common uses;
(3) Set forth a program and financing for maintaining common areas and features, such as walkways, signs, lighting, and landscaping;
(4) Assure that trees and woodlands will be preserved as shown on the site plan, or replaced on a caliper for caliper basis;
(5) Assure the construction and maintenance of all streets and necessary utilities (including public water, wastewater collection, and treatment) through bonds or other satisfactory means, for any and all phases of the PUD. In the case of phased PUD, this requirement shall be reviewed at the time of any final site plan approval; and
(6) Address any other concerns of the village regarding construction and maintenance.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)