Ordinance No. 131 Consolidated Land Use Ordinance

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4. Submission of Material Required for Approval. 1. The materials and description of contents required for approval of a PUD are described in the City of Gem Lake Planned Unit Development Procedure 4-17 available from City Hall. Request a copy of this procedure with your PUD application form. 5. Enforcement of Development Schedule. The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same phase of the construction of dwelling units. From time to time the zoning administrator may review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the city council, which may modify or revoke the planned unit development permit. 6. Conveyance and Maintenance of Common Open Space. 1. All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Attorney which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. 2. If a homeowners association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the City Attorney and City Staff which explain: 1. Ownership and membership requirements. 2. Articles of incorporation and bylaws. 3. Time at which the developer turns the association over to the homeowners. 4. Approximate monthly or yearly association fees for homeowners. 5. Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities. 7. Standards for Common or Open Space. 1. No open area may be approved as common open space under the provisions of this article unless it meets the following standards: 1. The location, shape, size, and character of the common open space must be suitable for the planned development. 2. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. 3. Common open space must be suitably improved for its intended use but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. 4. Outlots to be dedicated for park, ponding or other purposes shall be deeded to the city before the final plat is released for recording. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 61