(A) Maintenance requirements. If common open space or service facilities are provided within the PD, the PD contains provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Open space and facilities may be placed under the ownership of one of the following, as approved by the City Council:
(1) Dedicated to the public, where a community-wide use is anticipated and the City Council agrees to accept the dedication;
(2) Landlord control, where only use by tenants is anticipated; or
(3) Property owners association, provided all of the following conditions are met:
(a) Prior to the use, occupancy, sale or the execution of contract for sale of individual buildings, units, lots, parcels, tracts or common areas, a declaration of covenants, conditions and restrictions or an equivalent document or a document, as specified by state statute, and a set of floor plans, as specified by state statute, must be filed with the city. Filing with the city is to be made prior to the filings of the declaration or document or floor plans with the recording officers of the county.
(b) The declaration of covenants, conditions and restrictions, or equivalent document to the satisfaction of the City Attorney, may specify that deeds, leases or documents of conveyance affecting buildings, units, lots, parcels, or tracts may subject the properties to the terms of the declaration.
(c) The declaration of covenants, conditions and restrictions may provide an owners’ association or corporation may be formed and that all owners may be members of the association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. This declaration may be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing adequate private control.
(d) The declaration may additionally, among other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, then the city has the right to assess each property its pro rata share of the expenses. Such assessments, together with interest and costs of collection, may be a lien on each property against which each such assessment is made.
(e) Membership is mandatory for each owner, and any successive buyer.
(f) The open space restrictions are permanent and not for a limited period of years, unless specifically approved by the city.
(g) The association is responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.
(h) A property owner must pay their pro rata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes.
(i) The Association must be able to adjust the assessment to meet changed needs.
(j) The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the Development Plan for the PD.
(B) Staging of public and common open space: When a PD provides for common private or public open space, and is planned for a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development may, at a minimum, bear the same relationship to the total open space to be provided in the entire PD as the stages or units completed or under development bear to the entire PD.
(C) Density. The maximum residential density of a PD may not exceed the maximum residential density permitted by the Comprehensive Plan.
(D) In any PD, all utilities, including telephone, electricity, gas and cable must be provided underground.
(E) Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning must be the responsibility of the property owners’ association or owner.
(F) Landscaping/screening/fencing. All must conform to the applicable provision of this chapter.
(G) Setbacks.
(1) The front, rear and side setback restrictions on the periphery of the property to which the PD is applied may, at a minimum, be the same as the setbacks which are common to the area and generally consistent with this chapter.
(2) Non-residential buildings located along roadways that are part of a private internal street system may be set back a minimum of 15 feet.
(3) No building within the project may be nearer to another building than one-half the sum of the building heights of the two buildings.
(H) Subdivision of land in the Planned Development. In the event that land in the Planned Development is to be subdivided into lots for the purpose of separate ownership, the subdivision may occur under the platting procedures and according to standards contained elsewhere in the City Code. The preliminary plat may be processed in conjunction with the Development Plan. A separate action on the final plat may be processed before the final site plan receives approval.
(Ord. 2000-936)