(a) Condominium Property. If a planned unit development site has been, or is proposed to be, subjected to a condominium property regime, as provided in the Condominium Property Act, the following shall be submitted to the Planning Commission with the application for a special permit for the development:
(1) A copy of the master deed which has been proposed to be recorded in the office of the County Clerk, which deed shall include covenants, conditions and restrictions making provision for the effective care and maintenance of all of the following improvements, if not owned or maintained by the State or a governmental subdivision: streets, drives, sidewalks and other pedestrian ways; common open spaces (including landscaping thereof); common recreational and other common areas and spaces; exterior lighting; perimeter or common walls, fences, gates and hedges; signs; sewer and water mains and appurtenances, including fire hydrants; and other utility equipment. Such covenants, conditions and restrictions shall include a recital to the effect that they cannot be made less restrictive without the approval of Council.
(2) Attached to the copy of the master deed, a copy of the plans of any building which complies bath in form and in content with the requirements of Section 76-810 of the Condominium Property Act.
Such master deed and attached plans, if not already recorded in the office of the County Clerk, shall be so recorded before a special permit for the planned unit development may be issued.
(b) Noncondominium Property. If a planned unit development site has not been, and is not proposed to be, subjected to a condominium property regime under the Condominium Property Act, there shall be submitted to the Planning Commission, with the application for a special permit for the development, a set of written covenants, conditions and restrictions, signed and acknowledged by the owner of the site and in such form as to be indexable against the site in the office of the County Clerk, which covenants, conditions and restrictions make provision, in a manner analogous to that provided in subsection (a) hereof, for the effective care and maintenance of improvements not owned or maintained by the State or a governmental subdivision. Such covenants, conditions and restrictions, if approved by the Commission, shall be recorded in the office of the County Clerk before a special permit for the planned unit development may be issued.
(Ord. 1049. Passed 2-26-85.)