§ 118-1067. Common open space.

(a)

All common open spaces in urban village planned unit developments shall be preserved for their intended purpose as expressed in the final development plan. The developer shall choose one of the following methods of administering common open space:

(1)

Public dedication to the city of the common open space. This method is subject to formal acceptance by the city and in its sole discretion.

(2)

Establishment of an association or nonprofit corporation or entity which must include all individuals, corporations and entities owning property within the urban village planned unit development to ensure the maintenance of all common open space.

(b)

All privately owned common open space shall continue to conform to its intended purpose and remain as expressed in the final development plan through its inclusion in all deeds with appropriate restrictions to ensure that the common open space is permanently preserved. The deed restrictions shall run with the land and shall be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(c)

All common open space and recreational facilities shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association or nonprofit corporation or other entity, the organization shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the sale or transfer of any lots.

(2)

Membership in the association or nonprofit corporation or other entity shall be mandatory for all property owners within the urban village planned unit development.

(3)

The association or nonprofit corporation or other entity shall manage all common open space and recreational and cultural facilities that are not dedicated to the city or public; shall provide for the maintenance, administration and operation of the land and improvements and any other land and improvements within the urban village planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land and improvements, and provide adequate reserves for operation, maintenance and replacement of improvements.

(4)

If the developer elects an association or nonprofit corporation or other entity as a method of administering common open space, the title to all property owners in the planned unit development shall include undivided rights and obligations in all common open space.

(5)

Association documents shall be reviewed and approved by the city.

(Ord. No. 12-24, § 3, 5-24-12)