(A) To assure property owners that all aspects of a planned development remain in conformance with plans adopted by the legislative body at the time of rezoning, restrictive covenants and any horizontal property ownership and owners’ association documents can only be changed through the procedures detailed in § 156.261 above.
(B) These changes may be initiated only by a majority of property owners within the planned development. Multiple owners of a single property shall be considered a single owner. The developer shall be considered a single owner until all property is sold for purposes of this section only. Multiple lots owned by one person or entity will be considered one vote in total for purposes of this section only.
(C) The administrative officer may determine that these changes constitute a minor modification if they meet the requirements of § 156.261(A)(2) above. Changes to these documents which would alter design aspects of the project, or which are determined by the administrative officer to be beyond the scope of minor modification, require rezoning. Covenants and any horizontal property ownership and owners’ association documents must reflect the provisions of this section.
(D) A planned development containing common facilities shall be provided with an owners’ association or other private organization responsible to and controlled by the property owners. This organization’s purpose is to ensure adequate operation and maintenance of these common facilities, which may include, but are not limited to, private streets, common areas, landscaping, and amenities such as a clubhouse, playground, pool, or tennis courts. Recorded legal assurance shall be provided which shows this or any organization to be self-perpetuating. The rules and procedures governing these associations or organizations shall have language included that allows the town to maintain common facilities after letter notice by the town to the organization that they are not in compliance. Any such costs and fees related to the town’s intervention shall be assessed to each property owner within the development on a pro rata/per- lot-owned basis.
(E) All streets and roadways not dedicated to nor accepted by a public agency, and all other common facilities not dedicated to the public, shall be operated and maintained at no expense to any governmental unit.
(Ord. 23, § 3.80.140, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)