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01-26-1994 Council Agenda
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01-26-1994 Council Agenda
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a) Before final approval of a planned unit <br />development, adequate provisions must be <br />developed for preservation and maintenance in <br />perpetuity of open spaces and for the <br />continued existence and functioning of the <br />development. <br />b) Open Space Preservation. Deed restrictions, <br />covenants, permanent easements, public <br />dedication and acceptance, or other equally <br />effective and permanent means must be provided <br />to ensure long -term preservation and <br />maintenance of open space. The instruments <br />must include all of the following protections: <br />1. Commercial uses prohibited (for <br />residential PUDs); <br />2. Vegetation and topographic alterations <br />other than routine maintenance <br />prohibited; <br />3. Construction of additional buildings or <br />storage of vehicles and other materials <br />prohibited; and <br />4. Uncontrolled beaching of watercraft <br />prohibited. <br />c) Development organization and functioning. <br />Unless an equally effective alternative <br />community framework is established, when <br />applicable, all residential planned unit <br />developments must use an owners association <br />with the following features: <br />1. Membership must be mandatory for each <br />dwelling unit or site purchaser and any <br />successive purchasers; <br />2. Each member must pay a pro rata share of <br />the association's expenses, and unpaid <br />assessments can become liens on units or <br />sites; <br />3. Assessments must be adjustable to <br />accommodate changing conditions; and <br />4. The association must be responsible for <br />insurance, taxes, and maintenance of all <br />commonly owned property and facilities. <br />45 <br />Page 72 <br />
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