2013 Planning Commission Packets

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1120.02 1120.02 (3) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. (4) The declaration shall, additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City or fails to pay taxes or assessments on properties as they become due and in the event the said City incurs any expenses not immediately reimbursed by the association or corporation, then the City shall have the right to assess each property its pro rata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made. (5) Membership must be mandatory for each owner and any successive buyer. (6) The open space restrictions must be permanent and not for a given period of years. (7) The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it. (8) Properly owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. (9) The association must be able to adjust the assessment to meet changed needs. (10) The bylaws and rules of the association and all covenants and restrictions to be recorded must be approved by the Council prior to the approval of the final PUD plan. Subd. 5. Staging of Common Open Space: When a PUD provides for common open space, the total area of common open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. Subd. 6. Density: The exact density allowable shall be determined by standards agreed upon between the a0,;licant and the City. Mi.bd. .. Utilities: hi any FUD, ali r.Glities, including teleol.o �r, ciectricity, gas auc ecai.>l ,wall be installed underground. Subd. 8. Utility Cormections: a. Water Connections: Where more than one (1) property is served from tho same service line, a shut-off valve must be located in such a way that each unit's service may be shut off by the City, in addition to the normally supplied shut off at the street.