(a)

Qualification as an applicant. Applicants for a planned unit development district can be an individual, firm, trust, partnership, public or private association or corporation. At the time of application for preliminary approval, the applicant must demonstrate the ability to eventually exercise single ownership of the district area. Previous to final approval the applicant must acquire the entire district area and place it in his singular ownership.

(b)

Engineering design standards. Normal standards or operational policy, regarding right-of-way widths, provision for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a planned unit district, but precise standard satisfactory to the plan commission, pursuant to the criteria as set forth in section 40-151, shall be made a part of the approved plan and shall be enforceable as a part of this chapter.

(c)

Guarantee of performance. At the time final approval is given, the developer shall enter into an appropriate agreement, through contract and performance bond, with the city insuring the completion of the proposed development in accordance with the plan and approvals given. Specific application of the performance bond shall be determined by the plan commission within the review process.

(d)

Failure to comply. Failure to comply with conditions, commitments, guarantees or recommendations established in the approval of such development project shall be cause for rescinding the approval of the same. Upon notice given by the building inspector, the developer then shall be required to appear before the plan commission, at its next meeting, to explain any such failure to comply. The plan commission at such meeting may set a time limit for compliance to recommend specific steps to be taken to rescind the approval of the district, including the termination of the construction of any buildings on such site upon 30-day notice, in writing, to the developer at his last-known address.

(Code 2001, § 16.11(1))

As a basis for determining the acceptability of planned unit development district, the following criteria shall be applied to the development plan with specific consideration as to whether or not it is consistent with the spirit and intent of this article, has been prepared with the competent professional advice and guidance, and produces significant benefits in terms of environmental design:

(1)

Character and intensity of land use. In a planned development the uses proposed and their intensity and arrangement on the site shall be of visual and operational character which:

a.

Is compatible to the physical nature of the site with particular concern for preservation of environmental and natural features, tree growth and open space.

b.

Would produce an attractive environment of sustained aesthetic, ecological desirability, and functional practicality compatible with the general development plans for the area as established by the community.

c.

Would not create traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(2)

Economic feasibility and impact. The applicant shall provide satisfactory evidence of its economic feasibility and if available, adequate financing.

(3)

Engineering design standards. The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to implement the specific function in the specific situation, provided, however, that in no case shall minimal construction standards be less than those necessary to ensure the public safety and general welfare.

(4)

Preservation and maintenance of open space. In a planned unit development district, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or by dedication to the public. Public dedications shall be accepted at the discretion of the governing body.

a.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the city as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Building for non-commercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan, or, subsequently with the express approval of the city council following approval of building, site and operational plans by the plan commission.

b.

The care and maintenance of such open space reservations shall be ensured by establishment of an appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final development plan and shall be included in the title to each property.

c.

Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the city and made a part of the conditions of the plan approval.

(5)

Implementation schedule. The proponents of a planned unit development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the plan commission, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

(Code 2001, § 16.11(2))

Any subsequent change in the plans as finally approved shall first be submitted to the plan commission, and if in their opinion such change constitutes a substantial alteration of the original plan, the plans shall be resubmitted subject to approval procedures outlined in section 40-153.

(Code 2001, § 16.11(3))

Final approval of the planned unit development district does not constitute approval for the construction of new buildings or structures on the site. Separate approval shall be required for each building or structure upon application for a building permit.

(Code 2001, § 16.11(4))