(A) Before final approval of a Planned Unit Development may be granted, adequate provisions must be developed for the preservation and maintenance of open spaces in perpetuity, and for the continued existence and functioning of the development.
(B) Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
(1) Commercial uses shall be prohibited in Residential Planned Unit Developments;
(2) Vegetative and topographic alterations, except for routine maintenance, shall be prohibited;
(3) Construction of additional buildings or the storage of vehicles and/or other materials is prohibited; and
(4) Uncontrolled beaching of watercraft shall be prohibited.
(C) All Residential Planned Unit Development must have a property owners association with the following features:
(1) Membership shall be mandatory for each dwelling unit or site owner;
(2) Each member must pay a pro-rata share of the expenses of the association, and unpaid assessments may become liens on units or sites;
(3) Assessments must be adjustable to accommodate changing conditions; and
(4) The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
(D) All 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, land covered by road surfaces, parking areas, and structures are developed areas and shall not be included in the computation of open space;
(3) Open space must include those areas with physical characteristic 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 provided the use of the space is restricted to avoid adverse impacts on these systems;
(6) Open space must not include commercial facilities or uses;
(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; and
(8) The shore impact zone, based upon normal structure setbacks, must be included as open space. For Residential Planned Unit Developments, at least 50% of the shore impact zone of existing developments and at least 50% of the shore impact zone of existing preserved in its natural or existing state. For Commercial Planned Unit Developments, at least 50% of the shore impact zone must be preserved in its natural state.
(E) Erosion control and stormwater 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 must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetative buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by the Hubbard Soil and Water Conservation District may be required if warranted by project size and/or the physical characteristics of the site; and
(2) Be designed and constructed to effectively manage reasonably expected quantities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area.
(F) Centralization and design of facilities and structures must be done according to the following standards:
(1) Planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and 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 1 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 applicable 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 for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setbacks, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback;
(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, soils, 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 1 for each allowable dwelling unit or site
in the first tier (not withstanding 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, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; and
(5) Accessory structures and facilities must meet the required principal structure setback, and must be centralized.
(Prior Code, § 66-231) (Ord. passed 1994; Am. Ord. 370, passed 9-11-2002; Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999