(A) Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approval of the final plat shall be binding on all owners. In absence of an ownership application, the project developer may submit with the development application the written consent of all property owners within the proposed PUD. The financial commitments incurred through any portion of the development shall be responsibility of the ownership
(B) Comprehensive Plan consistency. The proposed PUD shall be generally consistent with the adopted city Comprehensive Plan.
(C) Common open space. Common open space, at least sufficient to meet the minimum requirements established in this chapter, and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD, shall be provided within the area of the PUD.
(D) Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following or may include a method deemed most appropriate by the City Council:
(1) Landlord control, where only use by tenants is anticipated; and
(2) Property owners association; provided, all of the following conditions are met:
(a) Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified M.S. Ch. 515B, as it may be amended from time to time, shall be filed with the City Clerk-Administrator, such filing to be made prior to the filings of the declaration of documents or floor plans with the recording officers of the county.
(b) The declaration of covenants, conditions and restrictions or equivalent document may specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments may subject the properties to the terms of the declaration.
(c) The declaration of covenants, conditions and restrictions may provide that an owner’s association or corporation may be formed and if such an association or corporation is formed property owners may be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall 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 effective private control.
(d) The declaration shall additionally, amongst 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 not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.
(e) Membership in the association must be mandatory for each owner, and any successive buyer.
(f) The open space restrictions must be permanent and not for a given period of years.
(g) The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it.
(h) Property owners 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 state law.
(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 final PUD plan.
(E) Staging of common open space. The con- struction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities.
(F) Density. The exact density allowable shall be determined by standards agreed upon between the applicant and the city staff in accordance with existing zoning district requirement. An increase/transfer for density shall be allowed upon proof of the applicant that some of the following conditions exist:
(1) The area where the density is transferred must be within the project area and owned by the applicant;
(2) Density transfer will allow for a greater degree of innovative design;
(3) Density transfer will allow for more efficient use of public facilities and utilities; and
(4) Density transfer will allow for preserva- tion of sensitive environment areas.
(G) Utilities. In any PUD, all permanent utilities, including telephone, electricity, gas and telecable shall be installed underground.
(H) Roadways.
(1) Private roadways within the project shall have an improved surface of 25 feet or more in width and shall be so designated as to permit fire trucks and emergency medical service vehicles to provide protection to each building. Parking shall be prohibited within this 25-foot roadway.
(2) No portion of the required private road system may be used in calculating required off-street parking space.
(3) The uniqueness of each proposal for a PUD requires that specifications and standards for streets, utilities and services may be subject to minor modifications from the specifications and standards established in the city subdivision ordinance (Ch. 154 of this code of ordinances) governing their construction. The City Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire city. The plans and profiles of all streets, utilities and services shall be reviewed, modified if necessary and approved by the City Engineer and Building Official prior to the final approval of the PUD plan by the City Council.
(I) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the final plat. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
(J) Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as required by the Fire Marshal to provide fire protection.
(K) Building height. Height limitations shall be the same as imposed in the respective districts.
(L) Refuse. Provision for trash pick-up shall be made according to a plan approved by the Planning Commission and City Council.
(M) Site improvement agreement. Prior to the issuance of a building permit as part of the Planned Unit Development, the permit applicant, builder or developer shall execute and deliver to the City Council a site improvement agreement.
(N) PUD progress. In the opinion of the city, if development has not progressed reasonably well according to the approved schedule, the developer shall be required to submit a statement to the city setting forth reasons for the lack of progress. The Planning Commission may initiate rezoning to eliminate the PUD zoning classification if it finds that the development has not occurred according to the adopted schedule; it shall not be necessary for the City Council to find that the rezoning to a PUD was in error.
(O) Pre-development costs. All pre-development costs will be the responsibility of the project developer or property owner. The city, according to the general provisions of this chapter, will require copies of written notification to all contractors and subcontractors of the project stating such responsibility prior to approval of PUD.
(Prior Code, § 155.52) (Ord. passed 4-1-1997)