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Attachment <br />Proposed Shoreland Ordinance Update <br />5456 b. Open Space Requirements: Open space must constitute at least 50 percent of the total project <br />5457 area and must include: <br />5458 i. Areas with physical characteristics unsuitable for development in their natural state; <br />5459 ii. Areas containing significant historic sites or unplatted cemeteries; <br />5460 iii. Portions of the shore impact zone preserved in its natural or existing state as follows: <br />5461 A. For existing residential PUDs, at least 50 percent of the shore impact zone <br />5462 B. For new residential PUDs, at least 70 percent of the shore impact zone. <br />5463 iv. Open space may include: <br />5464 A. Outdoor recreational facilities for use by owners of dwelling units or sites, by guests <br />5465 staying in commercial dwelling units or sites, and by the general public; <br />5466 B. Non-public water wetlands. <br />5467 v. Open space shall not include: <br />5468 A. Dwelling sites; <br />5469 B. Dwelling units or structures, except water oriented accessory structures or facilities; <br />5470 C. Road rights-of-way or land covered by road surfaces and parking areas; <br />5471 D. Land below the OHWL of public waters; and <br />5472 E. Commercial facilities or uses. <br />5473 c. Open Space Maintenance and Administration Requirements <br />5474 i. Open space preservation: The appearance of open space areas, including topography, <br />5475 vegetation, and allowable uses, must be preserved and maintained by use of deed <br />5476 restrictions, covenants, permanent easements, public dedication, or other equally effective <br />5477 and permanent means. The instruments must prohibit: <br />5478 A. Commercial uses (for residential PUDs); <br />5479 B. Vegetation and topographic alterations other than routine maintenance; <br />5480 C. Construction of additional buildings or storage of vehicles and other materials; and <br />5481 D. Uncontrolled beaching of watercraft. <br />5482 ii. Development organization and functioning: Unless an equally effective alternative <br />5483 community framework is established, all residential planned unit developments must use <br />5484 an owners association with the following features: <br />5485 A. Membership must be mandatory for each dwelling unit or dwelling site owner and <br />5486 any successive owner; <br />5487 B. Each member must pay a pro rata share of the associationÓs expenses, and unpaid <br />5488 assessments can become liens on units or dwelling sites; <br />5489 C. Assessments must be adjustable to accommodate changing conditions; and <br />31 <br /> <br />