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