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other, topographic divides sha11 be used to determine which <br /> shoreland standard would apply, and in those areas where the <br /> topographic divide can not be determined, the more restrictive <br /> rules for the area shall be used. <br /> C. Beyond the second tier, all property is classified as "third tier and <br /> beyond." <br /> 6. Planned Unit Develonments. <br /> A. Densi . The Buildable Area within ea.ch rier is divided by the <br /> Shoreline Residential Buildable Lot Area contained in Section 17- <br /> 5.8, Subpart 3. This calculation determines the maximum number <br /> of dwelling units or sites authorized for each tier. Structures that <br /> straddle tiers shall be rated as part of the tier closer to the ordinary <br /> high water level. <br /> B. Transferabilitv. Allowable densities may be transferred from any <br /> tier to any other tier further from the shoreland water body or <br /> watercourse,but must not be transfened to any other tier closer. <br /> C. Administration and Maintenance Requirements. Prior to final <br /> approval of any residential planned unit developments,the City <br /> will require adequate provisions developed for preservation and <br /> maintenance in perpetuity of open spaced and for the continued , <br /> existence and functioning of the development as a community. ' <br /> i <br /> (1) Common open space preservation. Deed restrictions, � <br /> permanent conservation easements,public dedication and � <br /> acceptance, or other equally effective and permanent means , <br /> must be provided to ensure perpetual preservation and ; <br /> maintenance of common open space. For areas greater or <br /> equal to 10 acres, easements sha11 be held by the City, I, <br /> conservation organization, land trust or sixnilar organization I <br /> authorized to hold interest in real property pursuant to I <br /> Minnesota.Statutes, section 84C.01-O5, as approved by the <br /> City. The City may also hold or co-hold an easement. The <br /> instruments of the easement must include all of the ! <br /> following protections: <br /> (a) Commercial uses shall be prohibited for <br /> noncommercial developments; � <br /> (b) Vegetation and topographic alterations other than to <br /> prevent personal injury or property damage and for <br /> Pequot Lakes Staff Report 3(c)-ii <br /> Apri118,2oi9 <br />