PRIVATE ACCESSWAYS

STREET CONSTRUCTION regardless of OWNERSHIP, shall be made in conformance with the Subdivision Ordinance. Minimum pavement widths for PRIVATE ACCESSWAYS when authorized, shall be 13 feet for the first lane of traffic in each direction and 11 feet for each additional lane, STREET

CONSTRUCTION plans and details shall be submitted to the ENGINEER for his review. The ENGINEER may submit, in writing, his recommendations, if any, to the BOARD.

C. All common OPEN SPACE shall be:

1. Conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the OWNERS and residents of the RESIDENTIAL PLANNED UNIT DEVELOPMENT or adjoining PROPERTY OWNERS or any one or more of them by providing perpetual maintenance of all lands in common to the project. All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and

improvement of the common OPEN SPACE.

2. Guaranteed by a restrictive covenant describing the OPEN SPACE and its maintenance and improvement running with the land for the benefit of residents of the RESIDENTIAL PLANNED UNIT DEVELOPMENT or adjoining PROPERTY OWNERS or both.

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6.3.12 Required Documents

A. All public facilities and improvements which are part of the RESIDENTIAL PLANNED UNIT DEVELOPMENT shall be guaranteed in a form approved by the State’s Attorney or bonds shall be delivered to guarantee CONSTRUCTION of the required improvements. Any such guarantee shall be at a rate of 120% of the estimated cost of CONSTRUCTION as determined by the ENGINEER. In addition to the guarantee required, a deposit shall be made to the COUNTY in cash or maintenance bond equal to 15 percent of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities CONSTRUCTED within the RESIDENTIAL PLANNED UNIT DEVELOPMENT and satisfactory maintenance and operation of such facilities necessary to the health, safety and convenience of the tenants or successors to the applicant. Such cash or bonds shall be held by the COUNTY for a period of 18 months after final acceptance of such facilities by the COUNTY. After such 18 months, the deposit shall be refunded if no defects have developed, or if any defects have developed then the balance of such deposits shall be refunded after reimbursement for amounts expended in correcting defective facilities. The deposit under this Paragraph shall be made immediately upon completion and approval of the CONSTRUCTION of said public facilities, and the performance guarantee for the public facilities shall thereupon be released.

B. The applicant shall submit a certificate from the COUNTY Clerk stating that no delinquent taxes or unpaid special assessments constituting a lien on the whole or any part of the PROPERTY of the RESIDENTIAL PLANNED UNIT

DEVELOPMENT are unpaid or exist. Such certificate shall be made a part of the RESIDENTIAL PLANNED UNIT DEVELOPMENT documents prior to its submission to the BOARD for final review.

C. Final agreements, provisions, or covenants shall govern the USE, maintenance and continued protection of the RESIDENTIAL PLANNED UNIT

DEVELOPMENT.

D. Public STREET RIGHT-OF-WAY dedications shall be made in conformance with the Subdivision Ordinance and the approved plan. However, the

requirement that sidewalks be CONSTRUCTED on both sides of the STREET may be waived if pedestrian circulation is provided in a manner acceptable to the BOARD. Common OPEN SPACE to be dedicated in accordance with this section shall be designated by the applicant with the required documents for such dedication.

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E. The CONSTRUCTION and maintenance of all public facilities and improvements which are part of the PLANNED UNIT DEVELOPMENT shall be guaranteed to the COUNTY, in cash or corporate surety bonds as approved by the State’s Attorney. CONSTRUCTION bonds may be for such phases of the PLANNED UNIT DEVELOPMENT as the BOARD has approved, and are due on or before start of CONSTRUCTION of any such phases. Each bond may be released upon the completion of CONSTRUCTION of the phase to which it relates, even though other phases may be under CONSTRUCTION or not yet begun. Release of the bond shall be on the recommendation of the COUNTY Highway Superintendent and Zoning Administrator, and approval of the BOARD. The guarantee for CONSTRUCTION shall be in the sum equal to 120% of the estimated cost as determined by the COUNTY Highway Superintendent. Maintenance shall be guaranteed to the COUNTY and extended for a period of 540 days after final acceptance of the facilities by the COUNTY. The maintenance guarantee shall be made in a sum equal to15% of the estimated cost of CONSTRUCTION and shall be filed prior to the release of the CONSTRUCTION bond and made effective immediately upon acceptance of the CONSTRUCTION of the public facility improvements. After such 540 days the deposit shall be refunded or the corporate surety bond released if no defects have developed; or if any defects have

developed, then the balance of such deposit shall be refunded, or, the corporate surety bond released after reimbursement for amounts expended in correcting defective facilities.

6.3.13 Issuance of Permits

The Zoning Administrator shall issue a Zoning Use Permit for the BUILDINGS and STRUCTURES in the area approved for a RESIDENTIAL PLANNED UNIT DEVELOPMENT. He shall also issue a Zoning Compliance Certificate for any completed BUILDING or STRUCTURE located in the area covered by the approved RESIDENTIAL PLANNED UNIT DEVELOPMENT only if the completed BUILDING or STRUCTURE conforms to the approved final development plan and to all other applicable ordinances and regulations, and provided further that sufficient site development is completed to present no health or safety hazard to the occupants. No changes may be made in the final development plan during the CONSTRUCTION of a RESIDENTIAL PLANNED UNIT DEVELOPMENT except upon application to the appropriate agency under the procedures provided below.

6.3.14 Changes to Approved PLANNED UNIT DEVELOPMENTS

A. Minor changes in the location, siting and the HEIGHT of BUILDINGS and STRUCTURES may be authorized by the BOARD if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this Subsection may cause any of the following:

1. A change in the USE or character of the development;

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2. An increase in overall COVERAGE of BUILDINGS and STRUCTURES;

3. An increase in the intensity of USE;

4. An increase in the problems of traffic circulation and public utilities;

5. A reduction in approved OPEN SPACE;

6. A reduction of Off-STREET parking and loading space;

7. A reduction in required pavement widths.

B. All other changes in USES, or rearrangements of LOTS, BLOCKS and

BUILDING tracts, or any changes in the provision of common OPEN SPACES, and any changes other than listed above, must be made by the BOARD after submission to the Zoning Administrator and report by the Executive Director of the PLANNING COMMISSION. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

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