On the final plan, and in the PD's declaration of restrictions and covenants, if one is filed, the following covenants shall appear which establish the rights and responsibilities of the property owner and the City with regard to public access easements, waterways and common areas:
(a) To ensure the public health, safety and welfare of the citizens of the city, private drives constructed within designated public access easements shall be open and accessible to fire, police and other emergency and maintenance vehicles at all times. Streets, curbs, gutters, tree lawns and other improvements within these easements shall be continuously maintained by the owner in good repair and kept free from all obstructions that would impede the free movement of public traffic, including but not limited to ice, snow and parked vehicles. Where necessary, in accordance with a traffic control plan approved by the City Engineer, traffic control devices shall be provided, installed and maintained by the owner. To ensure compliance with traffic control devices in public access easements, the City shall have full power and authority to enforce such controls and to prosecute violators in accord with municipal and state law.
(b) No public access easement shall be blocked for any purpose without prior approval of the City.
(c) In the event that the owner of a public access easement fails to fulfill the obligations set forth in these covenants, conditions and restrictions, the City is hereby authorized, after providing reasonable notice and opportunity for hearing to the owner of the fee interest in the easement area, to take such corrective action as it deems necessary, to charge the fee owner for the entire cost thereof, and in the event of failure of prompt payment, to collect said costs as a special assessment against the property.
(d) The City shall have the permanent and irrevocable right and authority to inspect such interior streets, access easements, waterways, common spaces and improvements thereon as are developed in the PD.
(e) The City of Troy shall have the right, but not the responsibility, to enter upon any Lot in the subdivision to inspect and monitor any storm water detention basin areas or drainage facilities constructed in the subdivision. In the event that the facilities are not properly constructed or maintained, upon the failure of the Developer or the Association to take corrective action after being duly notified in writing by the City, the City shall have the right, but not the obligation to take whatever action is necessary to correct any improper construction or to maintain storm water detention basin areas and drainage facilities; provided, however, that the Developer and/or the Association shall first have a reasonable period of time, taking into account the urgency of the matter, to take corrective action. Any cost incurred by the City of Troy for such maintenance may be assessed to the Association or, if the Association has ceased to exist, against individual lots in accordance with the Declaration. Storm water drainage restrictions shall run with the land, and shall bind the owners, successors, and assigns unless and until a modification is agreed to and approved by the Council of the City of Troy.
(f) The PD or its Declaration of Restrictions and Covenants that affects the rights and authorities of the City, or maintenance or preservation of common areas, waterways, interior streets, and/or access easements, shall not be amended by the Developer without the City's prior express written consent.