SECTION 9.0 "R-4" PLANNED UNIT DEVELOPMENT
9.01 Intent
The purpose of this Subdivision is to provide for the grouping of land parcels for development as an integrated, coordinated unit in a manner which emphasizes flexibility of design of land under single or unified ownership, developed with community or public sewer and water systems, and through clustering of buildings and activities. It is further intended that Planned Unit Developments are to be characterized by Central Management, integrated planning and architecture, joint or common use of parking, maintenance of open space, and other similar facilities, and a harmonious selection and efficient distribution of uses. Planned Unit Developments regulated under this section may be applied to Residential uses when in keeping with the regulations provided within this Ordinance.
9.02 General Regulations
1. The minimum area of land to be included in a Planned Unit Development shall be two (2) acres.
2. As a result of a Planned Unit Developments integrated character, the number of dwelling units allowed within the respective zoning district may be increased by five (5) percent. The development shall provide that twenty five (25) percent of the land, specifically lakeshore or river area, be reserved for use of the entire development and that the remainder of any shoreline shall be left in a natural state. The parking and similar requirements of these extra units shall be observed in compliance with this Ordinance.
3. It is the intent of this section to require subdivision of property simultaneous with an application for a Conditional Use Permit. The subdivision of land as a Planned Unit Development shall be the same as imposed in the respective district.
4. The front, side yard and shore land restrictions at the periphery of the Planned Unit Development site, at a minimum, shall be the same as imposed in the respective districts. Lots shall be designed so as to allow at least fifteen (15) feet between individual structures.
5. Private roadways within the project shall have an improved surface to twenty (20) feet or more in width. No portion of the required twenty (20) feet road system may be used in calculating required off-street parking space.
9.03 Administrative Procedure
1. The proponents of a Planned Unit Development shall submit a preliminary subdivision plat and development plan, along with an application for a Conditional Use Permit. The Preliminary plat shall conform to the provisions of this Ordinance and the Subdivision Ordinance. The development plan shall be drawn to a scale of not more than fifty (50) feet per inch, showing the following:
(a) the existing and proposed topography with contour intervals not greater than two (2) feet.
(b) the entire outline, overall dimensions and area of the tract described in the application.
(c) proposed public or community sewer and water system, including size, type and capacity.
(d) proposed roadway, type and capacity of paving.
(e) the proposed site and existing adjacent developments
(f) size and location of buildings.
(g) landscaping.
(h) parking areas and arrangements of stalls.
(i) allocation and disposition of park and open space.
(j) site and lot dimensions.
(k) type of use and density of each building, including a relief drawing of the general building design or theme intended for all buildings other than single and two-family units.
(1) location, type and size of signing.
2. If the Conditional Use Permit for the preliminary plat and site plan is approved, the preliminary plat and the site plan shall be attached to and become a part of the Conditional Use Permit. Any modification to the preliminary plat or site plan will require a resubmission to, and approval by, the Planning Commission and the City Council.
3. If the Conditional Use Permit is approved, the final plat shall be submitted to the City in accordance with the conditions of the permit and the provisions of this Ordinance.
9.04 Property Control
1. In order that the purposes of this subdivision may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this Ordinance.
2. Prior to the use or occupancy or 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 any equivalent document shall be filed with the City Clerk for approval as part of the Conditional Use Permit, prior to filings of said declaration or document with the recording officers of Morrison County.
3. 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 said properties to the terms of said declaration.
4. The declaration of covenants, conditions and restrictions shall provide that a owners' association or corporation shall be formed and that all owners shall be members of said 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.
5. The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to pay taxes or assessments on properties as they become due, then the City of Royalton shall have the right to assess each property its' pro-rata share of said expenses. Such assessment together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made and, in addition, each such assessment, together with such interest thereon and such cost of collection thereof, shall also be a personal obligation of the person who was the owner of such property at the time when the assessment became payable.