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2/10/23, 10:59AM https://export. am legal.com/api/export-requests/a11e8e88-feec-47c4-abd6-7a303d89ce33/download/ <br />(d) The declaration shall, additionally, amongst other things, provide that in the event the <br />association or corporation fails to maintain properties in accordance with the applicable rules and <br />regulations of the city or fails to pay taxes or assessments on properties as they become due and in <br />the event the city incurs any expenses not immediately reimbursed by the association or corporation, <br />then the city shall have the right to assess each property its pro rata share of the expenses. The <br />assessments, together with interest thereon and costs of collection, shall be a lien on each property <br />against which the assessment is made. <br />(e) Membership must be mandatory for each owner and any successive buyer. <br />(f) The open space restrictions must be permanent and not for a given period of years. <br />(g) The association must be responsible for liability insurance, local taxes and the maintenance <br />of the open space facilities to be deeded to it. <br />(h) Property owners must pay their pro rata share of the cost of the association by means of an <br />assessment to be levied by the association which meets the requirements for becoming a lien on the <br />property in accordance with state statutes. <br />(i) The association must be able to adjust the assessment to meet changed needs. <br />0) The bylaws and rules of the association and all covenants and restrictions to be recorded <br />must be approved by the Council prior to the approval of the final PUD plan. <br />(E) Staging of common open space. When a PUD provides for common open space, the total area <br />of common open space or land escrow security in any stage of development shall, at a minimum, bear <br />the same relationship to the total open space to be provided in the entire PUD as the stages or units <br />completed or under development bear to the entire PUD. <br />(F) Density. The exact density allowable shall be determined by standards agreed upon between <br />the applicant and the city. <br />(G) Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable, shall be <br />installed underground. <br />(H) Utility connections. <br />(1) Water connections. Where more than one property is served from the same service line, a <br />shut-off valve must be located in such a way that each unit's service may be shut off by the city, in <br />addition to the normally supplied shut off at the street. <br />(2) Sewer connections. Where more than one unit is served by a sanitary sewer lateral, the <br />requirements of the Building Code shall apply for lengths between 90 feet and 300 feet. If the length <br />exceeds 300 feet, provision must be made for a manhole to allow adequate cleaning and <br />maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property <br />owners' association or owner. <br />(1) Roadways. <br />(1) Private roadways within the project shall have an improved surface of 25 feet or more in width <br />and shall be so designed as to permit fire trucks to provide protection to each building. Parking shall <br />be prohibited within this 25-foot roadway. <br />(2) No portion of the required private road system may be used in calculating required off-street <br />parking space. <br />(J) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the <br />City Council, which shall include a detailed planting list with sizes and species indicated as part of the <br />final plat. In assessing the landscaping plan, the City Council shall consider the natural features of the <br />https://export.amlegal.com/api/export-requests/al1 e8e88-feec-47c4-abd6-7a303d89ce33/down load/ 3/13 <br />