(A) (1) The applicant shall provide an open space preservation and maintenance agreement to the Township Board stating that all dedicated open space portions of the development shall be maintained in the manner approved.
(2) Documents shall be presented that bind all successors and future owners in title to commitments made as part of the proposal.
(3) This provision shall not prohibit a transfer of ownership or control; provided, notice of such transfer is provided to the township and the land uses continue as approved in the OS-PUD Plan, unless an amendment is approved by the Township Board.
(B) The agreement must be acceptable to the Township Board and may consist of a recorded deed restriction, covenants that run perpetually with the land or a conservation easement established according to state law.
(C) The legal instrument shall:
(1) Indicate the proposed permitted use(s) of the open space;
(2) List the parties who have an ownership interest in the open space. The residents of the PUD by virtue of an association or other similar entity shall at all times maintain an ownership interest in the dedicated open space;
(3) Require that the open space be maintained and controlled by parties who have an ownership interest in the dedicated open space; and
(4) Provide standards for scheduled maintenance of the open space, including periodic removal of underbrush to reduce fire hazard and the necessary pruning and harvesting of trees and new plantings.
(Ord. passed 7-12-2012, § 12.9)