(A) Density. The buildable area within each tier is divided by the shoreline residential buildable lot area contained in § 154.034. This calculation determines the maximum number of dwelling units or sites authorized for each tier. Structures that straddle tiers shall be rated as part of the tier closer to the ordinary high water level.
(B) Transferability. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer.
(C) Administration and maintenance requirements. Prior to final approval of any residential planned unit developments, the city will require adequate provisions developed for preservation and maintenance in perpetuity of open spaced and for the continued existence and functioning of the development as a community.
(1) Common open space preservation. Deed restrictions, permanent conservation easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure perpetual preservation and maintenance of common open space. For areas greater or equal to ten acres, easements shall be held by the city, conservation organization, land trust, or similar organization authorized to hold interest in real property pursuant to M.S. § 84C.01-05, as it may be amended from time to time, as approved by the city. The city may also hold or co-hold an easement. The instruments of the easement must include all of the following protections:
(a) Commercial uses shall be prohibited for noncommercial developments;
(b) Vegetation and topographic alterations other than to prevent personal injury or property damage and for restoration efforts based on an approved shoreland vegetation buffer plan shall be prohibited;
(c) Construction of additional buildings, impervious surfaces, or storage of vehicles and other materials shall be prohibited;
(d) Beaching of motorized watercraft shall be prohibited; and
(e) Dumping, storage, processing, burning, burying, or landfill of solid or other wastes shall be prohibited.
(2) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential developments shall use an owners’ association with the following features.
(a) Membership shall 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 shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities, and it must enforce covenants, deed restrictions, and easements. The association must have a land stewardship plan for common open space areas greater or equal to ten acres, specifically focusing on the long-term management of these open space lands.
(3) Amendments or revisions to covenants or deed restrictions. Before establishing or recording any common interest community, the developer shall submit documents, including all covenants, conditions, restrictions, easements, and operating rules and procedures associated with the development, for review and approval by the city pursuant to M.S. § 515B.1-106, as it may be amended from time to time. Under no circumstances shall covenants or deed restrictions be modified without the city’s determination that the proposed changes fully comply with the requirements of Chapter 15-8.2.
(D) Conversions. Existing commercial planned unit developments other land uses and facilities may be converted to residential developments if all of the following standards are met.
(1) Proposed conversions must be evaluated using the same procedures and standards presented in this part for planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards shall be identified and corrected. For conversions to residential lots, all inconsistencies between existing features of the development and the standards in Chapter 15-8.2 must be identified and corrected.
(2) Deficiencies involving water supply and sewage treatment, impervious coverage, common open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.
(3) Shore and bluff impact zone deficiencies must be corrected as part of the conversion. These improvements must include, where applicable, the following:
(a) Removal of extraneous buildings, docks, mooring sites, boat launching areas and ramps, or other facilities located in shore or bluff impact zones; and
(b) Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water to meet shoreland vegetation buffer standards in Chapter 15-8.2(3)(B).
(4) Dwelling units or dwelling site densities shall meet the standards in this part for conversion to planned unit developments and the standards in Chapter 15-8.2(6) for conversions to residential lots.
(Ord. 2016-03, passed - -)