Agenda - Council Work Session - 10/17/2023 - Special

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