Prior to the issuance of a certificate of occupancy for any building within a cluster
housing development, the owner of the cluster housing development must provide a covenant
in a form acceptable to the City Solicitor to be recorded promising that the buffer
yard, walks, drives and open space as shown on the plan will not be used for any other
purpose. The owner must further covenant that all streets, buffer yards, common areas,
common utilities and other common facilities will remain in common ownership by all
owners of any interest in the land or buildings in the cluster housing development
site. See § 1441-07.
(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)
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