(A) Before final approval of a planned unit development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
(B) Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protections:
(1) Commercial uses prohibited (for residential PUDs);
(2) Vegetation and topographic alterations shall be prohibited except by routine maintenance;
(3) Construction of additional buildings or storage of vehicles and other materials shall be prohibited; and
(4) Uncontrolled beaching of watercraft shall be prohibited.
(C) Development organization and functioning: unless an equally effective alternative community framework is established, when applicable, all residential planned developments shall use an owners association with the following features:
(1) Membership shall be mandatory for each dwelling unit or site purchasers and any successive purchasers;
(2) Each member shall pay a pro rata share of the association’s expenses and unpaid assessments shall become liens on units or sites;
(3) Assessments shall be adjustable to accommodate changing conditions; and
(4) The association shall be responsible for insurance, taxes and maintenance of all commonly owned property and facilities.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00)