18-18-110. FINAL DEVELOPMENT PLAND AND PROGRAM.

Upon being granted approval by action of the Commission, the applicant shall prepare a final Planned Unit Development Plan containing the enumerated elements and meeting the density, open space and other requirements listed below:

1. Plan Elements.
   1. Existing maps drawn to scale of not less than 1 inch to 100 feet and proposed contour map.
   2. Location, with the names, of all existing and proposed streets, public ways, railroads and utility rights-of-way, parks or other open spaces and all land uses within 500 feet of the boundary of the development.
   3. Existing sewers, water mains, and other underground facilities within and adjacent to the development and their certified capacities.
   4. Proposed sewer or other waste disposal facilities, water mains and other underground utilities.
   5. Preliminary subdivision plan.
   6. Proposed land use plan.
   7. Community facilities plan.
   8. Location and amount of open space not be less than 35% of the entire area designated a Planned Unit Development Zone.
   9. Traffic flow plan.
   10. Location and dimensions of walks, trails or easements.
   11. Locations, arrangement, number and dimensions of truck loading and unloading spaces and docks.
   12. Location, arrangement, number and dimensions of auto garages and parking spaces, width of aisles, bays and angles of parking.
   13. Preliminary plans, elevation of typical building or structures, indicating general height, bulk and number of dwelling units.
   14. Approximate location, height, and materials of all walls, fences and screen plantings.
   15. Indication of stages of development.
2. Program Elements.
   1. Statement of goal and objectives.
   2. Evidence of resources available for development.
   3. Tables showing total number of acres, distribution of area by use, percent designated for each building, type of off-street parking, streets, parks, playgrounds, schools and open spaces.
   4. Tables indicating overall densities and density-by-dwelling-types, and any proposal for the limitations of density.
   5. Provisions to ensure maintenance of common open space in perpetuity.
3. Project Densities. The Commission may approve population or development density for a Planned Unit Development even though such density may be greater than that specified in the Title for the area containing the Planned Unit Development if, in the opinion of the Commission, the design of the Planned Unit Development will not result in inconvenience or unsafe access to the Planned Unit Development or excessive burden on parks, recreation area, schools and other public facilities which serve or are proposed to serve the Planned Unit Development.
4. Common Open Space Requirements.
   1. Common Open Space in a Planned Unit Development.
      1. the location, shape, size and character of the open space must be suitable for the Planned Unit Development.
      2. common open space must be suited for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the Planned Unit Development, considering its size, density, expected population, topography and number and type of dwelling units to be provided.
      3. common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved if the Commission so allows. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for common open space and must conserve and enhance the amenities of the common open space in regards to its topography and unimproved conditions.
   2. Common Open Space Improvement. The development schedule, which is part of the Development Plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space, and the construction of residential dwellings in the Planned Unit Development.
5. Retention and Maintenance of Common Open Space.
   1. The final Development Plan and program shall include a provision approved by the Commission as being sufficient to assure permanent retention and maintenance of the common open space in a Planned Unit Development Zone. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the Council, an undertaking by an association of owners or tenants of the property within the Planned Unit Development Zone, or in any other form by any other method approved by the Commission as being practical and legally sufficient to assure the permanent retention and maintenance of the common open spaces. All legal documents to carry out the plan and program in this regard shall be filed by the applicant with the final Development Plan and program and shall be subject to approval as to form by the Tribal Attorney. All such plans and programs shall contain a provision whereby the Rosebud Sioux Tribe will be vested with the right to enforce the permanent retention and maintenance of the common open space and further, that in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the Development Plan and program, then in such an event, the Rosebud Sioux Tribe may, at its option, cause necessary maintenance to be performed and assess the cost thereof to the owners of the property within the Planned Unit Development Zone.
   2. No common space may be put to any use other than specified in the approved final Development Plan unless the Development Plan has been modified to permit such other use pursuant to § 18-20-110. No such modification of use shall be deemed as a waiver of any of the provisions of the approved final Development Plan, assuring the permanent retention and maintenance of the common open space.