(a) Twenty-five percent of the gross acreage in the project shall be retained as open space. Not included as open space are street rights-of-way, open parking areas and driveways for dwellings, and land covered by buildings. Open space is to improve the visual attractiveness of the development, preserve natural features and vistas and supply functional recreational areas.
(b) The open space may be:
(1) Common open space. Areas of land or water or a combination of land and water, together with improvements within the PUD. Common open space may include accessory structures and improvements necessary or desirable non-commercial, recreational or cultural uses, with approval of the Planning Commission.
(2) Public open space. Lands within the PUD deeded to the village or other public entity for a public use shall remain a part of the PUD for purposes of computing density.
(c) Undeveloped open space may exist within any of the above categories. Land is undeveloped when a site's natural features are retained in their undisturbed, unimproved natural state, thus encouraging the preservation of unique natural assets such as unusual rock outcroppings, groves of trees, ravines, ponds and stream beds.
(d) Once open space areas are identified, these areas may not later be used for other purposes.
(e) Every effort shall be made to provide open space that will either connect or have potential to connect to adjacent areas to form a network of open space.
(f) The Planning Commission shall require and approve a legal plan or contract for the perpetuation, maintenance and function of all the common open space or other common property be established and furnished to the Planning Commission. The legal plan or contract among the owners of property in the PUD ("covenants") shall assure that all such common areas shall be provided for in a satisfactory manner without expense to the village. The documents shall be recorded in the County Recorder's office by the applicant prior to occupancy of any building on the project.
(g) All improvements located within the common areas, such as landscaping, parks, recreational facilities, and sidewalks, shall be maintained in a safe condition and in a state of good repair. Any failure to maintain such improvements within the common areas shall be unlawful and declared to be a public nuisance endangering the health, safety and general welfare of the public.
(h) Private open space. In addition to the required open space, there shall be a minimum of 120 square feet of private open space provided adjacent to each dwelling unit and differentiated from common areas by means of such approved features as plantings, fences, walls, screens, patios, or decks.
(Ord. 2433, passed 8-19-02)