In those PUDs in which common areas or recreation areas are provided for the use and enjoyment of residents or users of the PUD, the petitioner shall file documentary assurances with the Plan Commission that the permanent dedication and continuous maintenance of open space shall be made in accordance with the preliminary plan and final detailed plan approved by the Plan Commission, and that the common areas and recreation areas shall be made available to the residents and users of the overall PUD at a reasonable and non-discriminatory rate of charge, prior to obtaining secondary plat approval. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the office of the County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Plan Commission. Such open space shall perpetually run with the PUD and shall not be developed or separated from the PUD at a later date (unless no development of any portion of the PUD which is benefitted by the common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change).
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004)