(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.
(B) Comprehensive plan consistency. The proposed PUD shall be 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 as approved by the Council:
(1) Landlord control, where only use by tenants is anticipated;
(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 and a set of floor plans, such as specified by M.S. Ch. 515 and 515A, as they may be amended from time to time, shall be filed with the City Administrator, the 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 shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.
(c) The declaration of covenants, conditions and restrictions shall provide that an owners’ association or corporation shall be formed and that all owners shall 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. The assessments, together with interest thereon and costs of collection, shall be a lien on each property against which the assessment is made.
(e) Membership 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 statutes.
(i) The association must be able to adjust the assessment to meet changed needs.
(j) The bylaws and rules of the association and all covenants and restrictions to be recorded must be approved by the Council prior to the approval of the final PUD plan.
(E) Staging of common open space. When a PUD provides for common open space, the total area of common open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.
(F) Density. The exact density allowable shall be determined by standards agreed upon between the applicant and the city.
(G) Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable, shall be installed underground.
(H) Utility connections.
(1) Water connections. Where more than one property is served from the same service line, a shut-off valve must be located in such a way that each unit’s service may be shut off by the city, in addition to the normally supplied shut off at the street.
(2) Sewer connections. Where more than one unit is served by a sanitary sewer lateral, the requirements of the Building Code shall apply for lengths between 90 feet and 300 feet. If the length exceeds 300 feet, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners’ association or owner.
(I) Roadways.
(1) Private roadways within the project shall have an improved surface of 25 feet or more in width and shall be so designed as to permit fire trucks 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.
(J) 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.
(K) 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 Chief to provide fire protection.
(L) Building height. Height limitations shall be the same as imposed in the respective districts, unless the City Council determines additional height or stories would serve a better purpose consistent with the stated intent of this chapter.
(M) Refuse. Provision for trash pick-up shall be made according to a plan approved by the Planning Commission and City Council.
(N) 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 providing for the installation within one year of all of the off-site and on-site improvements as approved by the City Council, secured by a cash escrow or surety bond in an amount and with surety and conditions satisfactory to the city, to insure the city that the improvements will be actually constructed and installed according to specifications and plans approved by the city as expressed in such agreement. The amount of the bond shall be one and one-half times the estimated cost of the improvements as determined by the Director of Public Works/Parks and Recreation.
(Prior Code, § 1120.02) (Ord. 755, passed 02-14-2005; Ord. 844, passed 05-20-2010)