(A) Covenants may be required by the Commission as an ingredient for stability and longevity of the PUD. If submitted, the covenants shall set forth in detail provisions for the ownership, administration, and maintenance of facilities held in common so as to ensure their continuity and conservation. The covenant provisions shall include specific remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the county, city or town, and in such event the county, city or town may take those remedial steps provided for the provision. The covenants shall be recorded with the detailed PUD plan.
(B) The Commission may require the recording of covenants 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 wherever necessary in conformity with the land use plan of current adoption. The covenants may provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within the specified period of time, the applicable elements of the covenants shall automatically terminate. If the termination occurs, the petitioner shall then submit for approval by the Commission a modified detailed PUD plan for the land consistent with the approved preliminary PUD plan. The modified detailed PUD plans, when approved, shall be treated in the same manner as approved detailed PUD plans for an entire PUD.
(C) The Commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in a PUD. The 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 area;
(4) Buildable area or the area in which structures may be built;
(5) Open space;
(6) Setback lines;
(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) Enforcement of the covenants shall be the responsibility of the property owners, unless the county, a city or a town is, with its consent, specifically made a party to one or more covenants. Public enforcement shall apply only to those covenants to which a public entity is a party.
(E) (1) Adequate provision shall be made for a private organization with direct responsibility to and control by the property owners involved to provide for the operation and maintenance of all common facilities, including private streets.
(2) Assurances or guarantees, satisfactory to the Commission shall be provided to demonstrate that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
(F) (1) Common facilities that are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and non-discriminatory rate of charge to the beneficiaries thereof.
(2) Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(G) (1) All private streets shall be maintained by the responsible private organization in 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 the vehicles will have adequate maneuvering area.
(2) The private streets shall be developed in accordance with Chapter 150 of this code of ordinances.
(H) As a condition of approval, the Commission and/or legislative body shall require any appropriate financial guarantees, according to the same provisions as certificates and bonding of improvements in Chapter 150 of this code of ordinances, to ensure the specifications and timely completion of any public improvements or facilities related to the PUD platting.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)