Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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Density Evaluation Tiers Maximum Density Increase Within Each Tier (percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 1 2 (4) Maintenance and design criteria. 3 a. Maintenance and administration requirements. 4 1. Before final approval of a planned unit development, adequate provisions must be 5 developed for preservation and maintenance in perpetuity of open spaces and for 6 the continued existence and functioning of the development. 7 2. Open space preservation. Deed restrictions, covenants, peinianent easements, 8 public dedication and acceptance, or other equally effective and permanent means 9 must be provided to ensure long-term preservation and maintenance of open space. 10 The instruments must include all of the following protections: 11 (i) Commercial uses prohibited (for residential PUDs); 12 (ii) Vegetation and topographic alterations other than routine maintenance 13 prohibited; 14 (iii) Construction of additional buildings or storage of vehicles and other 15 materials prohibited; and 16 (iv) Uncontrolled beaching of watercraft prohibited. 17 3. Development organization and functioning. Unless an equally effective alternative 18 community framework is established, when applicable, all residential planned unit 19 developments must use an owners association with the following features: 20 (i) Membership must be mandatory for each dwelling unit or site purchaser and 21 any successive purchasers; 22 (ii) Each member must pay a pro rata share of the association's expenses, and 23 unpaid assessments can become liens on units or sites; 24 (iii) Assessments must be adjustable to accommodate changing conditions; and 25 (iv) The association must be responsible for insurance, taxes, and maintenance 26 of all commonly owned property and facilities. 27 b. Open space requirements. Planned unit developments must contain open space meeting 28 all of the following criteria: 29 1. At least 50 percent of the total project area must be preserved as open space; 30 2. Dwelling units or sites, road rights -of -way, or land covered by road surfaces, 31 parking areas, or structures, except water -oriented accessory structures or 32 facilities, are developed areas and shall not be included in the computation of 33 minimum open space; 34 3. Open space must include areas with physical characteristics unsuitable for 35 development in their natural state, and areas containing significant historic sites or 36 unplatted cemeteries; 37 4. Open space may include outdoor recreational facilities for use by owners of 38 dwelling units or sites, by guests staying in commercial dwelling units or sites, and 39 by the general public; 40 5. Open space may include subsurface sewage treatment systems if the use of the 41 space is restricted to avoid adverse impacts on the systems; 42 6. Open space must not include commercial facilities or uses, but may contain water- 43 oriented accessory structures or facilities; Attachment A — Ordinance #23-14 Page 130 of 141