(A) Maintenance and administration requirements.
(1) Requirement. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
(2) Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
(a) Commercial uses prohibited (for residential PUDs);
(b) Vegetation and topographic alterations other than routine maintenance prohibited;
(c) Construction of additional buildings or storage of vehicles and other materials prohibited; and
(d) Uncontrolled beaching of watercraft prohibited.
(3) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners’ association with the following features.
(a) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.
(b) Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.
(c) Assessments must be adjustable to accommodate changing conditions.
(d) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
(B) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria.
(1) At least 50% of the total project area must be preserved as open space.
(2) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space.
(3) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
(4) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public.
(5) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.
(6) Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities.
(7) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
(8) The shore impact zone, based on normal structure setbacks, must be included as open space. For PUDs at least 50% of the shore impact zone area of existing developments, or at least 70% of the shore impact zone area of new developments must be preserved in its natural or existing state.
(C) Erosion control and storm water management. Erosion control and storm water management plans must be developed and the PUD must:
(1) Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This goal must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and
(2) Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area.
(D) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards.
(1) A planned unit development must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage-treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the State Department of Health and §§ 152.036 and 152.041. On-site sewage-treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.
(2) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with § 152.074(B) for developments with density increases.
(3) Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in suitable areas. Evaluation of suitability must include consideration of land slope, water depth, vegetation, the soil’s depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching-ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.
(4) Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
(5) Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized.
(6) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in § 152.036 and are centralized.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022) Penalty, see § 152.999