(A) (1) Covenants shall be required by the Commission as an ingredient for stability and longevity of the unit development plan, and shall set forth, in detail, provisions for the ownership and maintenance of facilities held in common so as to reasonably ensure their continuity and conservation.
(2) Said covenant provisions shall include special remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the county or respective town, and in such event the county or respective town shall take those remedial steps provided for in such provisions.
(B) (1) 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 whenever necessary in conformity with the Comprehensive Plan of current adoption.
(2) Such covenants shall 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.
(3) If such termination occurs, the petitioner shall then submit for approval by the Commission a modified detailed site plan for such land consistent with the approved preliminary unit development plan.
(4) Such modified detailed site plans, when approved, shall be treated in the same manner as approved detailed site plans for an entire unit development plan.
(C) (1) 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 unit development plan.
(2) Such development standards may include, but are not limited to, requirements as to the following:
(a) Lot area;
(b) Floor area;
(c) Ratios of floor space to land area;
(d) Area in which structures may be built (building area), including areas for cluster type residential development without lot lines;
(e) Open space;
(f) Setback lines and minimum yards;
(g) Building separations;
(h) Height of structures;
(i) Signs;
(j) Off-street parking and loading and unloading areas;
(k) Design standards; and
(l) Phasing of development.
(D) The petitioner shall provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of Ch. 155 of this code of ordinances.
(E) Adequate provision shall be made for a private organization with direct responsibility to, and controlled 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 unit development plan and, in such instance, legal assurance shall be provided which shows that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
(F) (1) Common facilities, which are not dedicated to the public, shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and non-discriminatory rate of charge to the beneficiaries thereof.
(2) Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(G) (1) All private streets shall be maintained by the aforesaid 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) Said private streets shall be developed in accordance with the standards set forth in Ch. 155 of this code of ordinances.
(Ord. passed - -2006, § 80.22(G))