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b. Open Space Requirements: Open space must constitute at least 50 percent of the total project 788 <br />area and must include: 789 <br />i. Areas with physical characteristics unsuitable for development in their natural state; 790 <br />ii. Areas containing significant historic sites or unplatted cemeteries; 791 <br />iii. Portions of the shore impact zone preserved in its natural or existing state as follows: 792 <br />A. For existing residential PUDs, at least 50 percent of the shore impact zone 793 <br />B. For new residential PUDs, at least 70 percent of the shore impact zone. 794 <br />iv. Open space may include: 795 <br />A. Outdoor recreational facilities for use by owners of dwelling units or sites, by guests 796 <br />staying in commercial dwelling units or sites, and by the general public; 797 <br />B. Non-public water wetlands. 798 <br />v. Open space shall not include: 799 <br />A. Dwelling sites; 800 <br />B. Dwelling units or structures, except water oriented accessory structures or facilities; 801 <br />C. Road rights-of-way or land covered by road surfaces and parking areas; 802 <br />D. Land below the OHWL of public waters; and 803 <br />E. Commercial facilities or uses. 804 <br />c. Open Space Maintenance and Administration Requirements 805 <br />i. Open space preservation: The appearance of open space areas, including topography, 806 <br />vegetation, and allowable uses, must be preserved and maintained by use of deed 807 <br />restrictions, covenants, permanent easements, public dedication, or other equally effective 808 <br />and permanent means. The instruments must prohibit: 809 <br />A. Commercial uses (for residential PUDs); 810 <br />B. Vegetation and topographic alterations other than routine maintenance; 811 <br />C. Construction of additional buildings or storage of vehicles and other materials; and 812 <br />D. Uncontrolled beaching of watercraft. 813 <br />ii. Development organization and functioning: Unless an equally effective alternative 814 <br />community framework is established, all residential planned unit developments must use 815 <br />an owners association with the following features: 816 <br />A. Membership must be mandatory for each dwelling unit or dwelling site owner and 817 <br />any successive owner; 818 <br />B. Each member must pay a pro rata share of the association’s expenses, and unpaid 819 <br />assessments can become liens on units or dwelling sites; 820 <br />C. Assessments must be adjustable to accommodate changing conditions; and 821 <br />RCA Attachment A <br />Page 28 of 32