In those PUD Districts in which open space, common areas, or recreation areas are provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas, or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common areas, and recreation areas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the office of the St. Joseph County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Area Plan Commission and the Town Council. The open space shall perpetually run with the PUD and shall not be developed or separated from the overall development in the PUD at a later date (unless no development of any portion of the PUD which is benefitted by the open space, common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change).
(Ord. 1221, § 6(f), passed 1-26-2010)