The common open space shall be subject to the following additional criteria:
(A) Design factors. The location, shape, size and character of common open space areas shall be conducive to residents of the Planned Residential Development (PRD) and Planned Mixed Use Development (PMUD) Districts in relation to the location, number, and types of buildings it is intended to serve. All common open space areas shall be highly accessible to all residents or users of the planned development.
(B) Ownership.
(1) Public authority. The proposed common open space may be conveyed to a public authority that will agree to maintain the common open space and any buildings, structures, or improvements contained therein. Public utility or other similar easements and rights-of-way for watercourses or other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or for other similar purpose and approved by the authority to which the land is dedicated.
(2) Homeowners' association. Ownership of the proposed common open space may be conveyed to an owners' association or similar organization formed for the maintenance of the planned development. The common open space must be conveyed with covenants approved by the Planning Commission. Such covenants shall restrict the common open space to the uses specified in the development plan and provide for the maintenance of common open space in a manner that protects its continuing use for its intended purpose. Membership in the owners' association shall, by deed restriction, be mandatory for any owner within the planned development.
(3) Fiduciary. If the proposed common open space is not conveyed to a public authority or to an owners' association it must be deeded to a fiduciary which, for a fee, acts as a trustee for the benefit of all owners and occupants of the planned development. The trustee shall provide legal easements across the open space and respect the rights of all owners and occupants of the planned development to use the space and facilities. The trustee shall be provided the right to charge and lien each property of its proportionate share of costs for the maintenance and upkeep of the common space and facilities.
(C) Covenants. All covenants with or without maintained common space must be filed with the Village of McComb and Hancock County Court House recorder's office.
(Ord. O-2019-24, passed 9-9-2019)