(a) Amount and Character.
(1) For PUD-R. A minimum of 25 percent of the total acreage in a proposed development permitted by this chapter, shall be dedicated to public and/or private common space or recreation facilities available to all occupants of the PUD. This common space shall not include dwellings, streets, parking areas, residential lots, or required setbacks. Such open space shall be clearly shown on the General Plan and shall be physically situated so as to be readily accessible, available to and usable by all residents of the PUD. Water detention areas may be included in common space if attractively developed.
(2) For PUD-B, PUD-M. PUD-O, and the non-residential portions of a PUD- MU no common space is required. The Planning Commission shall establish the percentage of the lot dedicated as green space for all lots. This open space shall not include structures, roadways and other paved areas, and other impervious surfaces.
(b) Conveyance and Maintenance. All common space, shown on the Record Plan and recorded in the office of the Recorder of Montgomery or Warren County, must be conveyed in accordance with the following methods, at the option of the Planning Commission:
(1) By leasing or conveying title (including beneficial ownership) to a corporation, homeowner's association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions satisfactory to the Planning Commission for guaranteeing:
A. The continued use of such land for its specified purposes;
B. Continuity of proper maintenance;
C. Availability of funds required for such maintenance;
D. Adequate insurance protection;
E. Recovery for loss sustained by casualty, condemnation or otherwise; and
F. The developer shall provide to the City at the time the Record Plan is filed for City review and approval, executed legal documents which create the aforesaid guarantees and, in particular, which will restrict the use of common space to the specified purposes.
(Ord. 0-15-4. Passed 2-19-15.)