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(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.)
An application for the approval of a preliminary plat or for Zoning Code amendments which relate to an application for a special permit for a planned unit development may be submitted concurrently to the Planning Commission and, at the discretion of the Commission, may be considered by it concurrently.
(Ord. 1049. Passed 2-26-85.)
If the Planning Commission finds that a special permit for a planned unit development should be issued, it shall fix the amount of a bond to be filed with the Clerk-Treasurer by the owner of the planned unit development site, which amount shall be approved by the Clerk-Treasurer prior to issuance of the permit. The bond shall be executed by the owner and by a corporate surety authorized to do business in the State. The bond shall be payable to the City to reimburse the City for any damage the City may sustain if the owner or his or her successors or assigns fails to construct and maintain such development, or any part thereof, in compliance with this chapter and with the covenants, conditions and restrictions required under this chapter to be recorded, including, but not limited to, reasonable expenses the City may incur, whether by or without litigation, in obtaining, or attempting to obtain, compliance by the owner or his or her successors and assigns, with this chapter and with such covenants, conditions and restrictions. The condition of the bond shall be that the owner and his or her successors and assigns shall construct and maintain such development in compliance with the requirements of this chapter and with the covenants, conditions and restrictions recorded with the County Clerk as required by this chapter; otherwise, the bond shall remain in full force and effect. (Ord. 1049. Passed 2-26-85.)
(a) Conditions. A special permit for a planned unit development may authorize the development to be carried out in accordance with the plan submitted or with such modifications or conditions, to be specified in the permit, as -the Planning Commission deems necessary to effectuate the purposes of this chapter. Conditions may include, but shall not be limited to, such matters as the recording of a final plat, easements or other additional covenants or restrictions, or time limits or a sequence of development to be observed.
(b) Duration. If a special permit for a planned unit development is issued, a building permit must be obtained and construction of the development must begin within one year after the date of issuance of the special permit:
(c) Renewal. A special permit for a planned unit development shall not be renewed. However, a new application for such a permit may be submitted to and acted upon by the Planning Commission.
(d) Transfer. If the ownership of a planned unit development site, or- a part thereof, is transferred, the special permit shall be deemed revoked, unless the Planning Commission approves transfer of the permit to the successor in interest in the development site. A mortgaging of the development site, or a part thereof, shall not constitute a transfer of ownership within the meaning of this section.
(Ord. 1049. Passed 2-26-85, )
(a) Commencement and Completion. The proposed construction shall begin within twelve months after approval of the application by the Planning Commission. A minimum of fifty percent, in terms of cost, of the fatal construction (including improvements other than buildings) shown on the approved plan shall be completed within a period of two years following approval; otherwise, approval of the plan will expire. The period of time for completion of the development may be extended from time to time by the Commission, upon a showing of good cause by the applicant for the permit.
(b) Grading. The permittee or his or her agent shall notify the City Inspector when the grading is ready for final inspection. Final approval of the grading shall not be given until all grading work, all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and until all required reports and core samples, if any are required, have been submitted. After final inspection and a determination that the work completed is in accordance with the final approved grading plan, the Inspector shall issue a written certification to that effect.
(c) Landscaping. The permittee or his or her agent shall notify the City Manager when the landscaping is ready for final inspection. Final approval of the landscaping shall not be given until all landscaping work, including installation of all plant material and irrigation systems, if any, has been completed in accordance with the final approved landscape plan. After final inspection and a determination that the work completed is in accordance with the final approved landscape plan, the Manager shall issue a written certification to that effect.
(Ord. 1049. Passed 2-26-85.)
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