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1 3. Development organization and functioning. Unless an equally effective <br />2 alternative community framework is established, when applicable, all residential <br />3 planned unit developments must use an owners association with the following <br />4 features: <br />5 (i) Membership must be mandatory for each dwelling unit or site purchaser <br />6 and any successive purchasers; <br />7 (ii) Each member must pay a pro rata share of the association's expenses, and <br />8 unpaid assessments can become liens on units or sites; <br />9 (iii) Assessments must be adjustable to accommodate changing conditions; and <br />10 (iv) The association must be responsible for insurance, taxes, and maintenance <br />11 of all commonly owned property and facilities. <br />12 b. Open space requirements. Planned unit developments must contain open space <br />13 meeting all of the following criteria: <br />14 1. At least 50 percent of the total project area must be preserved as open space; <br />15 2. Dwelling units or sites, road rights -of -way, or land covered by road surfaces, <br />16 parking areas, or structures, except water -oriented accessory structures or <br />17 facilities, are developed areas and shall not be included in the computation of <br />18 minimum open space; <br />19 3. Open space must include areas with physical characteristics unsuitable for <br />20 development in their natural state, and areas containing significant historic sites <br />21 or unplatted cemeteries; <br />22 4. Open space may include outdoor recreational facilities for use by owners of <br />23 dwelling units or sites, by guests staying in commercial dwelling units or sites, and <br />24 by the general public; <br />25 5. Open space may include subsurface sewage treatment systems if the use of the <br />26 space is restricted to avoid adverse impacts on the systems; <br />27 6. Open space must not include commercial facilities or uses, but may contain <br />28 water -oriented accessory structures or facilities; <br />29 7. The appearance of open space areas, including topography, vegetation, and <br />30 allowable uses, must be preserved by use of restrictive deed covenants, <br />31 permanent easements, public dedication and acceptance, or other equally <br />32 effective and permanent means; and <br />33 8. The shore impact zone, based on normal structure setbacks, must be included as <br />34 open space. For residential PUDs, at least 50 percent of the shore impact zone <br />35 area of existing developments or at least 70 percent of the shore impact zone <br />36 area of new developments must be preserved in its natural or existing state. For <br />37 commercial PUDs, at least 50 percent of the shore impact zone must be preserved <br />38 in its natural state. <br />39 Erosion control and stormwater management. Erosion control and stormwater <br />40 management plans must be developed and the PUD must: <br />41 1. Be designed, and the construction managed, to minimize the likelihood of serious <br />42 erosion occurring either during or after construction. This must be accomplished <br />43 by limiting the amount and length of time of bare ground exposure. Temporary <br />44 ground covers, sediment entrapment facilities, vegetated buffer strips, or other <br />45 appropriate techniques must be used to minimize erosion impacts on surface <br />46 water features. Erosion control plans approved by a soil and water conservation <br />47 district may be required if project size and site physical characteristics warrant; <br />48 and <br />Page 147 of 160 <br />