Agenda - Planning Commission - 04/27/2023

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1 (4) Maintenance and design criteria. 2 a. Maintenance and administration requirements. 3 1. Before final approval of a planned unit development, adequate provisions must be 4 developed for preservation and maintenance in perpetuity of open spaces and for the 5 continued existence and functioning of the development. 6 2. Open space preservation. Deed restrictions, covenants, permanent easements, public 7 dedication and acceptance, or other equally effective and permanent means must be 8 provided to ensure long-term preservation and maintenance of open space. The 9 instruments must include all of the following protections: 10 (i) Commercial uses prohibited (for residential PUDs; 11 (ii) Vegetation and topographic alterations other than routine maintenance prohibited; 12 (iii) Construction of additional buildings or storage of vehicles and other materials 13 prohibited; and 14 (iv) Uncontrolled beaching of watercraft prohibited. 15 3. Development organization and functioning. Unless an equally effective alternative 16 community framework is established, when applicable, all residential planned unit 17 developments must use an owners association with the following features: 18 (i) Membership must be mandatory for each dwelling unit or site purchaser and any 19 successive purchasers; 20 (i i) Each member must pay a pro rats share of the association's expenses, and unpaid 21 assessments can become liens on units or sites; 22 (iii) Assessments must be adjustable to accommodate changing conditions; and 23 (iv) The association must be responsible for insurance, taxes, and maintenance of all 24 commonly owned property and facilities. 25 b. Open space requirements. Planned unit developments must contain open space meeting all 26 of the following criteria: 27 1. At least 50 percent of the total project area must be preserved as open space; 28 2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking 29 areas, or structures, except water-oriented accessory structures or facilities, are 30 developed areas and shall not be included in the computation of minimum open space; 31 3. Open space must include areas with physical characteristics unsuitable for development 32 in their natural state, and areas containing significant historic sites or unplatted 33 cemeteries; 34 4. Open space may include outdoor recreational facilities for use by owners of dwelling units 35 or sites, by guests staying in commercial dwelling units or sites, and by the general public; 36 5. Open space may include subsurface sewage treatment systems if the use of the space is 37 restricted to avoid adverse impacts on the systems; 38 6. Open space must not include commercial facilities or uses, but may contain water- 39 oriented accessory structures or facilities; 40 7. The appearance of open space areas, including topography, vegetation, and allowable 41 uses, must be preserved by use of restrictive deed covenants, permanent easements, 42 public dedication and acceptance, or other equally effective and permanent means; and 43 8. The shore impact zone, based on normal structure setbacks, must be included as open 44 space. For residential PUDs, at least 50 percent of the shore impact zone area of existing 45 developments or at least 70 percent of the shore impact zone area of new developments 46 must be preserved in its natural or existing state. For commercial PUDs, at least 50 47 percent of the shore impact zone must be preserved in its natural state. 48 c. Erosion control and stormwater management. Erosion control and stormwater management 49 plans must be developed and the PUD must: Page 135 of 147