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public agency.
(2) The restrictions governing the use, improvement and maint-
enance of the co~non open space, mus~ be stated as conditions
to the conveyance of the common open space, and the fee title
to the conunon open space shall be vested in a public agency ~
in the event of a substantial default in the stated conditions. ~
If the common open space is not conveyed to a public agency, the cov- ~
enants governing the use, improvements, and maintenance of the common 7
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open space may authorize a public agency to enforce their provisions. ~
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The developer must file, at the time the Piceliminary Plan is filed, ~ ~
legal documents which will produce the aforesaid guarantees and, in ~
particular, will provide for restricting the use of common open ~
space for its designated purpose. ,
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Comomercial and Miscellaneous Non-Residential Uses:
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k Non-residential accessory development may be permitted in a PDP if ~
~ such development is for PDP residents and if actual need for such
~ development is generated by the PDP itself.
~ An commercial development shall be justified economically at the -
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locations proposed to provide for adequate comanercial facilities of ~
the types proposed. Consequently, the amount of area and type of
commercial facilities to be allowed in the PDP shall be based upon
a market analysis containing at least the following: ~
(1) Determination of the trade area of the proposed commercial ~
facilities; ~
(2) Determination of the trade area population, present and ~
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prospective; ~
~ (3) Determination of the effective buying power in such area;
~ Determination of net potential customer buying power for ~
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stores in the proposed commerciai faci~iLi~S ~lu, ~ii ju~==
basis, the recommended store types and store floar areas;
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~ (5) Determination of the residual amount of buying power in the ~
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~ trade area and how it may be expected to be expanded in
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~ other areas serving the trade area. ~
The market analysis shall be prepared and signed by a market analyst
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