(A) All covenants, when required by the Commission, shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the Commission Chairperson and Secretary upon authorization by the Commission and all of the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Commission and shall be specifically enforceable by the Commission.
(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. Such covenants may provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioners shall then submit for approval by the Commission a modified final detailed plan for such land, otherwise consistent with the approved preliminary 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. Such 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) Area in which structures may be built (“buildable area”);
(5) Open space;
(6) Setback lines and minimum rear yards;
(7) Building separations;
(8) Height of structures;
(9) Signs;
(10) Off-street parking and loading space;
(11) Design standards (including landscaping requirements); and
(12) Phasing of development.
(D) 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 jointly shared by such property owners if such facilities are a part of the planned development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.
(E) (1) Common facilities, which are not dedicated to the public, shall be maintained to standards assuring continuous and adequate maintenance.
(2) Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(F) (1) All private streets shall be maintained by the aforementioned private organization in such 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 said vehicles will have adequate turning area.
(2) All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(Ord. 2001-1478, passed 11-19-2001)