(A) General. The intent of this section is to permit greater flexibility in the design of residential and other developments by allowing certain variations in lot size and design requirements and the establishment of townhouses and condominiums so that open space in commonly owned areas, tree covered and recreation areas can be provided.
(B) Coordination with the Liberty Zoning Chapter.
(2) Design requirements. Individual lot size may be varied but the overall density of a planned unit development shall not exceed the applicable zoning requirements of that district.
(3) Review process. Planned unit development plans shall be reviewed simultaneously for compliance with this chapter and § 154.220.
(C) Plat requirements. The preliminary and final plats for a planned unit development shall meet the requirements of this chapter and in addition the following requirements.
(1) Common areas.
(a) Common areas or areas not shown as lots shall be held in nonprofit corporate ownership by the owners of the lots within the development.
(b) The title to common areas of property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purpose.
(c) Improvements may be made within the common areas provided that maximum coverage of the area shall not exceed 25% of the entire common property.
(d) The developer shall submit and after approval by the Town Council, record a declaration of the covenants and restrictions that govern the ownership, management and maintenance of the common area and the ownership and maintenance of private streets and alleys, if any.
(2) Improvements.
(a) All improvements required in this chapter shall apply to planned unit developments regardless of private ownership of streets and utilities.
(b) Private streets and alleys shall be designed as required for emergency services and garbage collection if public collection is desired.
(c) All private streets within residential and commercial developments shall have a paved surface.
(d) The street layout of the development shall be in conformity with the Liberty Thoroughfare Plan and:
1. Where a proposed development will extend an existing public street the extension shall be a public street unless it is an existing deadend street not necessary for access to adjacent property; and
2. Where a through street is required to provide access to adjacent properties or for general public usefulness the street shall be a public street.
(3) Public access, easements, private party walls.
(a) Building lots may abut or be provided with frontage on common areas or private streets or alleys, properly restricted through a property owners association to assure access.
(b) Easements over the common areas for access, ingress and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
(c) All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established.
(d) Ownership and maintenance responsibility of a private street shall be designated on the plat.
(e) In developments containing private streets or alleys, a release of liability shall be included in the recorded covenants and restrictions which releases the Town of Liberty from any liability resulting from utility maintenance, garbage collection and responsibility for failing to provide any emergency or regular fire, police or other public service to the developments or their occupants when the failure is due to the lack of access to the areas due to inadequate design or construction, blocking of access routes, inadequate maintenance or any other factor within the control of the developer, homeowner's association or occupants. In no case shall the town or the state be responsible for maintaining any private street. The responsibility shall rest with the homeowner's association and occupants in that the private streets will not be constructed to the minimum standards sufficient to allow their inclusion for public maintenance.
(4) Landscape plan. A landscape plan for all planned development shall show all existing and proposed plant material. The plan shall indicate the size and type of existing plant material and the size and type of plants to be planted.
(Ord. passed 5-26-1997)