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DRAFT Revised 1/5/95, 3/1/95, 3/24/95 <br />Subd. 23. Open Space. Undeveloped land of the subdivided property providing visual <br />expanses and recreational areas clear of obstructions other than natural vegetation, or structures <br />directly related to the use and enjoyment of these spaces. Open spaces may include natural <br />habitats, places for neighborhood recreation, and pedestrian corridors. <br />Subd. 24.. Ordinary high water level. "Ordinary high water level" means the boundary <br />of public waters and wetlands, and shall be an elevation delineating the highest water level <br />which has been maintained for a sufficient period of time to leave evidence upon the landscape, <br />commonly that point where the natural vegetation changes from predominantly aquatic to <br />predominantly terrestrial. <br />Subd. 25. Planned development overlay. "Planned development overlay" means a type <br />of development characterized by a unified site design for a number of dwelling units or dwelling <br />sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these <br />units or sites to provide areas of common open space, density increase, and a mix of structure <br />types and land uses. These developments may be organized and operated as condominiums, <br />time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any <br />combination of these, or cluster subdivisions of dwelling units, residential condominiums, <br />townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, <br />motels, and conversions of structures and land uses to these uses. <br />Subd. 26. Public waters. "Public waters" means any waters as defined in Minnesota <br />Statutes, section 105.37, subdivisions 14 and 15. <br />Subd. 27. Residential planned development overlay. "Residential planned development <br />overlay" means a use where the nature of residency is nontransient and the major or primary <br />focus of the development is not service-oriented. For example, residential apartments, <br />manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee <br />ownership residences would be considered as residential planned development overlays. To <br />qualify as a residential planned development overlay, a development must contain at least five <br />dwelling units or sites. <br />Subd. 28. Semipublic use. "Semipublic use" means the use of land by a private, <br />nonprofit organization to provide a public service that is ordinarily open to some persons outside <br />the regular constituency of the organization. <br />Subd. 29. Sensitive resource management. "Sensitive resource management" means <br />the preservation and management of areas unsuitable for development in their natural state due <br />to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive <br />soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special <br />protection. <br />Subd. 30. Setback. "Setback" means the minimum horizontal distance between a <br />structure, sewage treatment system, or other facility and an ordinary high water level, sewage <br />treatment system, road, highway, property line, or other facility. <br />Page 5 <br />