(a)

Intent. The Planned Unit Development (PUD) Overlay is enacted pursuant to the Planned Unit Development Act of 1972 as amended (C.R.S. 24-67-101, et seq.). The PUD is intended to be used as a map overlay that supplements and amends the underlying zone. The intent and purpose of the PUD is to permit and encourage innovative design and high quality, masterplanned developments on large parcels of land. This overlay is created to allow and encourage compatible uses to be developed in accordance with a unified development plan in harmony with the environment and surrounding neighborhood. The PUD Overlay is intended to permit greater flexibility in the application of zoning and development standards and greater freedom in providing innovative design in the development of a balanced community. PUDs are expected to preserve critical environmental resources, provide above-average open space and recreational amenities, include exceptional design, and provide greater efficiency in the layout and provision of roads, utilities and other infrastructure.

(b)

Permitted uses. Uses permitted in the PUD Overlay shall be those uses permitted in the underlying zone for the property. An applicant for a PUD Overlay may request modifications to the permitted uses of the underlying zone to remove those uses that may be deemed incompatible or inappropriate for the overall PUD development. Conditional uses may be permitted if it can be demonstrated that such uses meet the conditional use review criteria for the underlying zone(s).

(c)

PUD restrictions and general requirements. Properties utilizing the PUD Overlay shall be subject to the following:

(1)

All PUD applications shall include a gross land area of not less than two acres.

(2)

Application for a planned unit development may be made for land located in any zone; provided that application for residential PUDs shall be limited to RU, R1, R2, MHP zoned areas; applications for commercial PUDs shall be limited to CH and CB zoned areas and applications for industrial PUDs shall be limited to I zoned areas.

(3)

The zoning standards chart as stated in Table 16-4B of this Chapter shall not apply to planned unit developments. In specific cases, the off-street parking requirements stated in Article 9 of Chapter 16 may be reduced. These requirements may be modified by the criteria and standards of this Article and as shown on the approved planned development plan.

(4)

A zoning change is not required; however, the area included in each approved planned unit development shall be indicated on the official zoning map as an overlay for the PUD.

(5)

It is the intent of this Article that any property may be developed as a planned unit development (PUD). Within a PUD, any use or combination of uses allowed in the underlying zone and densities may be permitted subject to the restrictions and regulations set forth in this Article. This Article is intended to interface with the requirements of Article 2 (Plat Requirements and Procedures) of Chapter 17 (Subdivisions) of the Del Norte Municipal Code and incorporate such requirements into the procedures set forth in this Article. All land development applications for PUDs with the exception of plot plan applications for individual single-family residences, shall be accompanied by the appropriate open space plan.

(6)

The area of land for the PUD may be controlled by one or more landowners and must be developed under unified control or a unified plan of development.

(7)

Areas designated as private streets and/or common open space including land, an area of water, or a combination of land and water within the site designated for a PUD shall be designed and intended primarily for the use or enjoyment of residents, occupants and owners of the PUD, and provisions shall be made for the establishment of an organization for the ownership and maintenance of such private streets and/or common open space areas unless other adequate arrangements for the ownership and maintenance thereof are provided in a manner acceptable to the Town or are dedicated to and accepted by the town.

(8)

Procedural submittal requirements.

a.

Sketch PUD Development Plan Application Submittal Requirements:

1.

PUD application fee;

2.

Written PUD description as part of the general development information which includes:

√

List all subdivision regulation exceptions proposed for the PUD.

√

Identify the underlying zoning district(s) for the property and describe any proposed modifications and/or restrictions to the allowed uses and/or standards within the district(s). If any conditional uses are requested, explain how the conditional use review criteria will be addressed.

√

Identify and explain the benefits which will be provided by the PUD to offset the impact of the modifications requested (i.e., if the minimum lot size is decreased, additional functional, centrally located common open space will be provided; or if the width of the local street right-of-way is decreased by eliminating on-street parking, then there will be designated parking areas with 300 feet of all residences, etc.). All proposed benefits must offset the proposed modifications.

√

Explain how the proposed PUD will be compatible with adjacent neighborhoods which now exist or are proposed in the future. Describe any proposed buffering techniques which serve to achieve such compatibility.

√

Provide any additional relevant information which the Town may deem necessary.

√

Conceptual Landscape, Open Space and Ecological Characterization Plan. (Submit with sketch plan.)

Intent: To illustrate the overall design concept for landscaping and depict how it relates to the overall development. The purpose of the concept plan is to allow the Town Land Use Administrator and Planning Commission to determine any immediate problems or issues that need to be addressed by the developer before proceeding to a detailed preliminary plan. Within a PUD any use or combination of uses which are allowed in the underlying zoning districts will be permitted if compatible with the overall design of the PUD and consistent with the purpose and intent of this Article as determined by the Board of Trustees.

3.

Describe the design intention of the proposed landscape improvements and how the open space will function. Provide specific information specified on the conceptual plan as listed on the table which follows.

4.

This information should be included on the sketch plan map or combined with the conceptual open space plan if it can be clearly illustrated and the scale is not greater than one inch equals 200 feet.

b.

Preliminary PUD development plan application submittal requirements.

1.

Preliminary landscape, open space and ecological plan. (Submit with preliminary plat.)

Intent: To illustrate the master landscape, open space and ecological plan for the development. The intent of the preliminary open space and ecological characterization plan is to discuss the details of how the open space will be used to organize the overall project design, illustrate how it will function in the overall neighborhood and define long term maintenance requirements and responsibilities. Information shall be included on the preliminary landscape plan if it can be clearly illustrated and the scale is not greater than one inch equals 100 feet. The preliminary open space and ecological characterization plan shall contain the following:

•

Landscaping should be included on the preliminary open space and ecological characterization plan if it can be clearly illustrated and the scale is not greater than one inch equals 100 feet.

•

Information required on the plan is listed in the table which follows.

•

PUD application fee (if not submitted in h-A-i);

•

Written PUD description as part of the general development information which includes:

i.

List all subdivision regulation exceptions being proposed for the PUD and explain why such exceptions are justified.

ii.

Identify the underlying zoning district(s) for the property and describe any proposed modifications and/or restrictions to the allowed uses and/or standards within the district(s). Provide a comparison between the proposed preliminary PUD plan to the elements and standards of the underlying zone district(s) as contained in this Code. If any conditional uses are requested, explain how the conditional use review criteria will be addressed.

iii.

Describe how the proposed PUD overlay satisfies one or more of the criteria for designation on the official zoning map.

iv.

Identify and explain the benefits which will be provided by the PUD to offset the impact of the modifications requested. The proposed benefits must offset the proposed modifications.

v.

Explain how the proposed PUD will be compatible with adjacent neighborhoods which now exist or are proposed in the future. Describe buffering techniques which serve to achieve such compatibility.

vi.

An explanation of how the preliminary PUD development plan is consistent with the sketch PUD development plan, or if there are differences, the rationale for the changes.

vii.

Draft copies of owners' association documents (covenants, conditions, restrictions and any architectural design guidelines) that provide an acceptable program for the continuing maintenance of open space, recreational areas, walkways, and private streets within the PUD; that detail the type of organizational structure responsible for such ongoing maintenance; and that provide for architectural review based on the design guidelines.

viii.

An aerial photograph of the subject property.

ix.

A plan(s) of the subject property, drawn to a scale of not greater than one inch equals 100 feet, showing:

√

The total area in the project.

√

The present zoning of the subject property and all adjacent properties.

√

All public and private right-of-way and easement lines located on or adjacent to the subject properties which are proposed to be continued, created, enlarged, relocated, or abandoned.

√

Existing and proposed topography with a maximum of five-foot contour intervals. Where existing ground is on a slope of less than two percent, the plan shall show either one-foot contours or spot elevations where necessary, but not more than 50 feet apart in all directions.

√

The location and height of every existing and proposed building on the subject property, including existing and proposed residential uses by housing type, and commercial and public uses by type and function.

√

All walks, malls, parking areas, water bodies, open areas, recreational areas, including swimming pools, golf courses, tennis courts, playgrounds, etc.

√

Types of surfacing proposed on off-street parking and driveway areas.

√

Location of all proposed streets, highways, and alleys, with approximate dimensions of pavement and right-of-way widths and relationship to the city's official thoroughfare plan.

√

All existing and proposed utility lines indicating, where applicable, pipe sizes and types.

√

Accessibility to essential public facilities and services, such as fire protection, schools, recreation.

√

A preliminary schedule of development, including the staging and phasing of:

(a)

Residential areas (residential PUDs), in order of priority, by type of dwelling unit; and

(b)

Streets, utilities, and other public facility improvements, in order of priority; and

(c)

Dedication of land to public use or set aside for common ownership with a preliminary statement indicating how maintenance of the latter will be handled.

(9)

Final PUD development plan application submittal requirements. final landscape plan. (Submit with final plat.)

Intent: To insure each phase of the final landscape plan is consistent with the master landscape plan and appropriate preliminary plan for the development, to illustrate the specific landscaping details for each phase and to ensure that all phases of the final open space plan are consistent with the preliminary open space plan as approved during the preliminary plat; and to identify the resources on the site and discuss the details of how the open space will be used to organize the overall project design, to illustrate how it will function in the overall neighborhood and define long term maintenance requirements and responsibilities. Information shall be included on the final landscape plan if it can be clearly illustrated and the scale is not greater than one inch equals 100 feet. The final open space and ecological characterization plan shall contain the following:

a.

A description of the design intention and how the proposal is consistent with the preliminary open space and ecological characterization plan;

b.

Appropriate documentation (i.e. warranty deed, homeowners' association documents, conservation easement and open space management plan) that shows who will own and maintain the open space. Applicants shall develop an open space management plan; and

c.

Specific information required on the final landscape, open space and ecological characterization plan as listed in the table which follows; and

d.

Describe the design intention and how the proposal is consistent with the preliminary landscape plan; and

e.

The final landscape plan must be on a separate page from the final plat map and should be included with the final open space and ecological characterization plan if it can be clearly illustrated. The scale shall not greater than one inch equals one hundred feet; and

Information required on the plan (and listed in the table which follows):

a.

PUD application fee (if not submitted in subsection (c)(8)a.1).

b.

Written PUD description as part of the general development information, based on the materials submitted for the preliminary PUD development plan and on comments received from the Town at the time of preliminary plan review. Include all of the items listed above for the preliminary PUD development plan, in finalized form. Also include an explanation of how the final PUD development plan is consistent with the preliminary PUD development plan, or if there are differences, the rationale for the changes.

c.

Final PUD development plan map. Prepare the final PUD development plan map using the final plat map as the base. Include on the base a clear graphic and written representation of all of the information/items required for a preliminary PUD development plan as listed above, in finalized form.

d.

Provide any additional relevant information which the Town may deem necessary.

(10)

Developer provision/dedication. A minimum of 25 percent of the gross land being developed as common functional open space which may include: pocket parks, trails, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents and other civic purposes;

•

One centrally-located pocket park for every 100 residential units (if applicable);

•

Land for one neighborhood park within one-quarter-mile radius of the proposed homes; or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and

•

An internal trail system and trails designated on the town comprehensive plan land use and public facilities map.

Open Space and Ecological Characterization Plan

a.

All requirements set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern, except to the extent that the unified plan of development for residential, commercial, educational, recreational or industrial uses or any combination thereof may propose exceptions in lot size, bulk, type of use (subject to underlying zone district standards), density, lot coverage, open space, or other standards within the existing land use regulations, except any development standards that are not open to modification.

b.

No PUD may be approved by the Town without the written consent of the landowner whose property is included within the PUD.

(d)

PUD approval procedure. All PUD Overlay District Applications shall be submitted and processed simultaneously with the processing of subdivision applications for the property. The processes set forth in the Town Subdivision Regulations, Chapter 17, Article 2, for major subdivisions shall be followed, including all pre-application conferences, Planning Commission visioning meetings, sketch plan, preliminary plat, and final plat applications, and all required public hearings. Scheduling requirements for PUD applications shall match those specified for sketch plans and preliminary and final plats. In addition, an application for a PUD Overlay amendment to the official zoning map shall be processed and subject to public hearings in the same manner as for other amendments to the official zoning map, as outlined in Section 16-4-10 of the Del Norte Municipal Code.

Approval of a PUD Overlay shall occur concurrently with a preliminary plat/preliminary PUD development plan. Public hearings for the designation of a property as a PUD Overlay and for preliminary subdivision development plan approval may be combined or can occur separately. Development within a PUD Overlay cannot occur unless and until a final plat for the portion of the property to be developed has been approved and recorded as provided in Chapter 17, Article 4, Subdivision Regulations.

Upon approval of a final PUD development plan, the Town, through its Board of Trustees, shall adopt an ordinance or resolution establishing the PUD Overlay for the property in accordance with that plan.

In addition to all of the information required as part of the sketch plan, preliminary plat and final plat application packages (as specified in the Subdivision Regulations, Sections 17-2-10 et seq.), applications for a PUD development plan and PUD Overlay shall include additional information as outlined below for review criteria.

(e)

PUD review criteria.

(1)

Sketch PUD Development Plan review criteria. The following review criteria will be used by the staff, Planning Commission and Board of Trustees to evaluate all PUD applications at the time of sketch PUD plan/sketch plan review:

a.

The proposed benefits offset the proposed exceptions to the zoning and subdivision standards, and that such exceptions are in the best interest of the public health, safety, and welfare.

b.

The proposed PUD conforms to the PUD restrictions, and that the proposed use is compatible with the underlying zone district uses and surrounding land uses.

c.

The PUD proposes creative and innovative design, and high quality development thereby protecting and promoting public safety, convenience, health and general welfare.

d.

The uses and densities in the proposed PUD are compatible, and will be effectively integrated with adjacent neighborhoods which now exist or are proposed in the future.

e.

The proposed PUD is in general conformance with the Town Comprehensive Plan.

f.

One or more of the criteria for overlay amendment of the official zoning map has been satisfied.

(2)

Preliminary PUD development plan review criteria. In addition to all of the review criteria for a sketch PUD development plan, the following review criteria will be used by the Town Staff and Board of Trustees to evaluate all PUD applications at the time of preliminary PUD plan/preliminary plat:

a.

The preliminary PUD development plan is substantially consistent with the sketch development plan as approved by the Board of Trustees.

b.

All sketch PUD development plan conditions of approval have been adequately addressed on the preliminary PUD development plan.

(3)

Final PUD development plan review criteria. In addition to all of the review criteria for a preliminary PUD development plan, the following review criteria will be used by the Town Staff and Board of Trustees to evaluate all PUD applications at the time of final PUD plan/final plat:

a.

The final PUD development plan is substantially consistent with the preliminary PUD development plan as approved by the Board of Trustees.

b.

All preliminary PUD development plan conditions of approval have been adequately addressed on the final PUD development plan.

(f)

Compliance with PUD Overlay/Final Development Plan. The Board of Trustees may initiate the process to repeal the ordinance or resolution establishing the PUD Overlay if:

(1)

The project for which the PUD overlay was established is not carried out pursuant to the approved final PUD development plan; provided however that the Board of Trustees may approve appropriate modifications to the final PUD development plan from time to time prior to completion of the proposed development, or

(2)

Substantial building activity for the PUD overlay has not commenced within a period of one year after the effective date of the creating ordinance, unless otherwise approved by the Board of Trustees.

(g)

Exception application process. The applicant may submit a letter to the Town Clerk requesting an exception and providing justification thereof. The Town shall review the exception application concurrently with a preliminary or final plat or planned unit development (PUD) application. The Planning Commission shall review and make a recommendation of approval, approval with conditions or denial of an exception request at a regular meeting of the Commission and forward such recommendation to the Board of Trustees as part of its review of the preliminary or final plat and/or preliminary or final PUD. Final action on the exception request shall be made by the Town Board of Trustees.

(h)

Exception review criteria. The Planning Commission and Town Board shall use the following criteria to evaluate the applicant's exemption application.

(1)

Special circumstances or conditions exist that limit the ability of the property to meet the Development Standards set forth in this Article. Special circumstances or conditions include narrowness, unusual shape, exceptional topographic conditions or other extraordinary situations. Financial difficulties, loss of prospective profits and previously approved exceptions in other subdivisions shall not be considered as special circumstances or conditions; or

(2)

An alternative design exists that will meet the intent of the standards and requirements set forth in this Article and the Subdivision Regulations. The exception shall:

a.

Provide public facilities that will benefit the public without detriment to surrounding property owners or the Town's ability to provide services and maintain public facilities; and

b.

Provide amenities to the development through design that could not be provided through the adopted standards.

c.

That if granted, the exception will not be detrimental to the public interest or other property nor be in conflict with the Town Comprehensive Plan or other applicable provisions of the Town Municipal Code.

d.

The exception will not endanger public safety.

(i)

Standards not open to modification. The following Development Standards are considered absolute minimum standards and are not open to modification through an exception process:

(1)

Road standard (cross section) for local street with attached sidewalk as set forth in Chapter 17;

(2)

Requirement of one street tree of two-inch caliper for each 40 feet of frontage on both sides of the street (except for rural roads and alleys);

(3)

Dedication of the full width of right-of-way for all platted streets; and

(4)

Provision of handicap parking spaces.

(j)

Restrictions on requesting exceptions. If an applicant requests an exception under this Section, the preliminary plat or preliminary PUD development plan shall whenever possible indicate the exceptions outlined in the application. Exception requests can be processed concurrently with planned unit development applications.

(k)

Conditions for approval of planned unit developments. In accordance with C.R.S. 31-23-313 and 24-67-105, the following standards, procedures and conditions for Planned Unit Developments are hereby adopted:

(1)

Residential PUDS—Uses/densities permitted, conditional uses, and required open space:

a.

Uses permitted:

1.

Detached single-family dwellings.

2.

Duplexes, multiple-family dwellings and attached single-family dwellings, provided that no more than 25 percent of the total PUD land holding shall be utilized for this type of housing.

3.

Publicly owned and operated parks and playgrounds.

4.

Tiny Homes.

5.

Manufactured and mobile homes.

6.

Bed and breakfasts.

7.

Other residential uses outlined in Sections 16-5-20, 16-5-30, 16-5-40, 16-5-60, and set forth in table 16-4/A (use chart) of this chapter.

b.

Conditional uses: No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted within the Planned Unit Development until and unless the location of said uses shall have been applied for and approved by the Town Board of Trustees or Planning Commission:

1.

Churches, other religious places of worship.

2.

Institutions for human medical care: Convalescent homes, nursing homes, and homes for the aged.

3.

Municipal buildings.

4.

Nursery schools.

5.

Public and parochial schools.

c.

Required common open space: There shall be reserved, within the tract to be developed on a planned unit development, a minimum land area of 25 percent of the entire tract depending upon the location and character of the land to be set aside as open space. This common open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose. Included in this common open space may be such uses as: Pedestrian walkways, park land, open areas, drainage ways, club houses, tennis courts, and other land of essentially open character, exclusive of off-street parking areas.

d.

Accessory uses permitted:

1.

Fences and walls, as regulated by Article 6.

2.

Home occupations, subject to the restrictions and limitations established in Section 16-6-20.

3.

Signs, as regulated by Article 11, Chapter 16.

(2)

Commercial PUDS. Commercial PUD's may include any of the uses contemplated in Section 16-5-50, and 16-5-70 and as set forth in table 16-4/A as a commercial use in the Del Norte Municipal Code.

(3)

Industrial PUDS. Industrial PUD's may contain any of the uses contemplated in Section 16-5-80 and as set forth in Table 16-4/A as an industrial use in the Del Norte Municipal Code.

(4)

Application and processing. The purpose of these procedures is to permit an initial review of and a public hearing upon the PUD proposal by the planning commission at an early opportunity, while the details of the plan remain flexible and before the applicant has invested a large sum of money in the engineering and architectural services needed to provide the detail necessary for final plat and plan approval. Application for the planned unit development shall be processed as follows:

a.

An application for approval of the preliminary development plan for a PUD Overlay may only be filed by a person having an interest in the property to be included in the planned unit development. The PUD applications shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the PUD application(s) may be filed by holder(s) of an equitable interest in such property.

b.

Preapplication conference: The applicant shall be required to meet with the Land Use Administrator and planning commission prior to submitting the PUD preliminary development plan for review and approval. The purpose of this preapplication conference shall be to familiarize the applicant with all the necessary steps, all applicable rules and regulations and to pre-review the applicant's sketch plan and concepts with the appropriate city officials. The applicant shall present a general outline of his approach to the PUD and the town officials shall give to the applicant an initial reaction which is not legally binding but which is advisory in character.

c.

The planning commission shall hold a public hearing, in accordance with Section 16-2-170 of this Chapter, on the proposed application (preliminary development plan), and review said application with regard to its compliance with the stated purposes of the PUD, the required elements of the preliminary development plan, and other applicable requirements of this Article. Upon holding such hearing, the planning commission shall make one of the following recommendations to the Board of Trustees: Approval, approval with conditions, or disapproval. The planning commission shall submit, along with its recommendations, a copy of the preliminary development plan and the basis for their recommendation.

d.

The Board of Trustees shall, within 45 days after receiving the recommendations of the planning commission, review said recommendations and take action to approve or disapprove said PUD application (preliminary development plan). Such action may incorporate any conditions imposed by the planning commission. However, should the Board of Trustees take action to impose different conditions than were reviewed and considered by the planning commission, then said conditions shall be resubmitted to the planning commission for further review and recommendation, in accordance with Subsection (4)c., above. Approval of the PUD shall require that development be in conformance with the approved preliminary development plan. The Planning Commission shall require that the following conditions have been met for approval:

1.

That the PUD Zone and/or the preliminary development plan is in conformance with the comprehensive plan for Del Norte, Colorado.

2.

That each individual stage or successive stage of development shall not exceed the maximum density allowed for the planned unit development land holding as a whole, except that in construing the density of the development, each completed stage of development shall be considered.

3.

That the use(s) proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zones.

4.

That the areas proposed shall be used only for the permitted uses and the usual accessory uses such as garages, storage spaces, parks, recreation sites, and open spaces.

5.

That the interval streets and major and minor thoroughfares that are proposed shall properly interconnect with the surrounding existing major and minor thoroughfares of Del Norte, Colorado.

6.

That, when applicable, the PUD shall be so located with respect to major highways and thoroughfares within the town as to provide direct access to said PUD without creating excessive traffic volumes along minor streets in adjacent residential neighborhoods.

7.

That the minimum common open space area(s) has been designated and shall be duly transferred to a legally established Homeowner's, or similar, Association, or has been dedicated to, and accepted by, the Town of Del Norte, Colorado, as herein provided.

8.

That the Preliminary Development Plan is consistent with the intent and purpose of this ordinance, to promote public health, public safety, and general welfare of the residents of Del Norte, Colorado.

9.

Administrative Procedures: Approval of the preliminary development plan shall require a favorable vote of the majority of the membership of the Board of Trustees. Approval of the preliminary development plan shall be limited to the general acceptability of the land uses proposed, proposed general density levels, and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of the final development plan(s). In taking action, the Board of Trustees may deny the PUD Preliminary Development Plan or may recommend approval of said plan, subject to specified modifications.

10.

At the time of approval and PUD development, the owner/ developer(s) shall make appropriate arrangements with the Board of Trustees, which will ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved preliminary development plan.

11.

Time Limits and Extensions: After a period of two years, the approval of a preliminary development plan is subject to another review by the planning commission unless a subdivision final plat has been recorded in the office of the Rio Grande County Recorder within that two-year period even though the time limit of one year to commence construction after final plat approval has been extended in subsection (c)(9).

The Board of Trustees shall forward a copy of the approved plan to the planning commission for further processing in accordance with the requirements for the final development plan and record plat.

Zoning map indication. Upon approval of the PUD, where applicable, the official zoning map shall be indicated for the area as shown on the approved preliminary development plan.

e.

A final development plan and record plat shall be developed in conformance with the approved preliminary development plan, and submitted to the planning commission for its review and approval. Any requirements not specifically waived by the planning commission shall conform with the subdivision regulations.

1.

The planning commission shall review the submitted final development plan with regard to its compliance with the required elements for final development plans, other applicable elements of this section, and other applicable regulations, and its conformity with the approved preliminary development plan. The planning commission, in approving the final development plan, may authorize minor adjustments from the approved preliminary development plan, provided that the adjustments do not: Affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian), or decrease the amount and/or usability of open space or recreation areas, or affect other applicable requirements of this code.

2.

The final development plan and record plat shall conform to the following requirements and includes the following information:

i.

Plan(s) of the subject property drawn to a scale of not smaller than one inch equals 100 feet;

ii.

The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the planning commission;

iii.

All housing units on the subject property, including but not limited to:

(a)

Detached housing: Location, arrangement, and number of all lots, including lot dimensions and setbacks, and maximum height of buildings;

(b)

Attached housing: Location, height, and arrangement of all buildings, indicating the number of units in each building, and, where applicable, location, arrangement, and dimensions of all lots;

iv.

Location, height, arrangement, and identification of all nonresidential buildings and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions;

v.

Location and arrangement of all common open space areas, and recreational facilities, including lot dimensions. Methods of ownership and operation and maintenance of such lands shall be identified;

vi.

Landscaping features, including identification of planting areas and the location, type, and height of walls and fences;

vii.

Location of signs indicating their orientation and size and height;

viii.

All utility lines and easements:

ix.

Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves, and other appurtenances;

x.

Sanitary sewer system, including pipe sizes, width of easements, gradients, type of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity, and process of any necessary treatment facilities, and other appurtenances;

xi.

Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins, and data indicating the quantity of storm water entering the subject property naturally from areas outside the property, the quantity of flow at each pickup point (inlet), the quantity of storm water generated by development of the subject area, and the quantity of storm water to be discharged at various points to areas outside the subject property;

xii.

Other utilities (e.g., electric, telephone, etc.) including the type of service and the width of easements;

xiii.

Location of all off-street parking, loading and/or unloading, and driveway areas, including typical cross sections, the type of surfacing, dimensions, and the number and arrangement of off-street parking and loading and/or unloading spaces;

xiv.

Circulation system: Pedestrian walkways, including alignment, grades, type of surfacing, and width; streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typical cross sections;

xv.

Provisions for control of erosion, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction;

xvi.

A schedule of development, including the staging and phasing of:

º

Residential area, in order of priority, by type of dwelling unit;

º

Streets, utilities, and other public facility improvements, in order of priority;

º

Dedication of land to public use or set aside for common ownership; and

º

Non-residential buildings and uses, in order of priority.

The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated.

Upon approval of the final development plan, the applicant shall submit a final plat and the planning commission shall review the submitted record plat with regard to its compliance with the required elements, for record plats, the applicable requirements of the subdivision regulations, and its conformance with the approved final development plan.

Upon planning commission approval of the record plat, copies of said plat, certified by the planning commission, and suitable for recording, shall be forwarded by the planning commission to the office of the county clerk to be recorded. If the record plat is submitted in sections, an index shall be developed showing the entire plan area. The particular number of the section and the relationship of each adjoining section shall be clearly shown by a small key map on each section submitted. The record plat shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the planning commission.

f.

Area requirements. No PUD shall be permitted on less than two acres of land. However, development of a smaller tract adjacent to an existing PUD may be permitted, when approved by the planning commission, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.

g.

Height, yard, and setback regulations. Requirements shall be as approved in the final development plan, subject to the following:

1.

No single-family residence shall exceed two and one-half stories or 35 feet in height.

2.

There shall be a minimum buffer area of 25 feet where a residential PUD Zone is adjacent to any other residential district. Setbacks for buildings shall be as designated on the final development plan(s).

3.

No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations.

h.

Off-street parking and loading and/or unloading. Off-street parking and, when applicable, loading and/or unloading facilities shall be provided in accordance with the existing land use code and approved modifications of the PUD.

i.

Fences, walls, and signs. The location, height, and type of all fences, walls, and signs shall be as approved in the plan.

j.

Amendments. Any amendments to plans may be made in accordance with the procedure required by this Section, subject to the same limitations and requirements as those under which such plans were originally approved.

(5)

Expiration. Substantial construction shall have been initiated within 12 consecutive months following the date of approval of the final development plan, or the PUD will be considered abandoned and the final plat will be vacated, provided that an extension may be permitted upon approval of the town in writing, if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant's control. Substantial construction shall be defined as the amount of construction to be completed as set forth in, and approved as part of, the phasing of the final development plan.

Whenever the number of off-street parking spaces is reduced because of the nature of the occupancy, the Board of Trustees shall receive assurance that the nature of the occupancy will not change.

a.

The maximum requirement for building height applies to the PUD, except that the Board of Trustees may allow an increase in building height if common and/or dedicated open space exceeds the public sites and dedication requirements of Chapter 17 of the subdivision regulations or if exceptional amenities and/or other improvements warrant an increase in building height and the increase would not be detrimental to the character of the PUD or surrounding area.

b.

The Board of Trustees must be satisfied that the final development plan has met with each of the following criteria or can demonstrate that one or more of them is not applicable and that a practical solution consistent with public interest has been achieved for each of these elements:

1.

An appropriate relationship to the surrounding area.

2.

Circulation in terms of the internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience, access and noise and exhaust control. Proper circulation in parking areas in terms of safety, convenience, separation and screening.

3.

Consideration for low- and moderate-income housing.

4.

Functional open space in terms of optimum preservation of natural features including trees and drainage areas, recreation, views, density relief and convenience of function.

5.

Variety in terms of housing types, densities, facilities and open space.

6.

Privacy in terms of needs of individuals, families and neighbors.

7.

Pedestrian and bicycle traffic in terms of safety, separation, convenience, access points of destination and attractiveness.

8.

Building types in terms of appropriateness to density, site relationship and bulk.

9.

Building design in terms of orientation, spacing, materials, color and texture, storage, signs and lighting.

10.

Landscaping of total site in terms of purpose such as screening, ornamental types used and materials used, if any, maintenance, suitability and effect on the neighborhood.

c.

It is the intent of this Article that sub-division review under Chapter 17 of this Code is carried out simultaneously with the review of a PUD under this Article.

d.

The requirements of both this Article and those of Chapter 17 of this Code apply to all PUDs. All actions of the Board of Trustees pertaining to PUDs shall be considered as based upon recommendation by the Planning and Zoning Commission.

(6)

Building permit and certificate of occupancy issuance.

a.

The Land Use Administrator/Town Clerk shall issue site permits and building permits for buildings and structures in the area covered by an approved final development plan if the time limit established by the tentative development schedule has not passed, the plan has been recorded and the buildings and structures are in conformity with the approved final development plan and with all other applicable ordinances and regulations.

b.

The Land Use Administrator/Town Clerk shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable ordinances and regulations.

c.

If the time limit established by the development schedule has passed, no building permits or certificates of occupancy shall be issued until the Planning and Zoning Commission has reviewed the development plan and a new development schedule has been established.

(7)

Final Development Plan; Development Schedule, Compliance Required, Extension.

a.

From time to time, the Planning and Zoning Commission shall compare the actual development accomplished in the various PUDs with the approved development schedules.

b.

If the owner of property in the PUDs has failed to meet the approved development schedule, the Town may revoke the final development plan.

c.

For good cause shown by the property owner, the Planning and Zoning Commission may extend the limits of the development schedule.

(8)

Amendment procedure. No changes may be made to the approved final development plan during the construction of the PUD, except upon application to the appropriate agency under the procedures provided below:

a.

Minor changes in the location, siting and height of buildings and structures and other minor changes may be authorized by the Planning and Zoning Commission, if required by engineering or other circumstances not foreseen at the time the final plan was approved.

b.

No change authorized by this Section may increase the overall outside dimensions of any building or structure by more than ten percent.

c.

All changes in use, density or in the outline development plan must be approved by the Board of Trustees under the procedures authorized by this Chapter for the amendment of the zoning map.

d.

All other changes in the arrangement of lots, blocks and buildings, any changes in the provision of common open spaces and all other changes in the approved final development plan must be approved by the Board of Trustees under the procedures authorized for final plan approval, unless they are shown to be required by changes in the development policy of the community, or by conditions that were unforeseen at the time of approval of the final development plan.

e.

Any changes which are approved for the final development plan must be recorded as amendments to the recorded copy of the final development plan.

(9)

Completion of PUD. After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the PUD will be governed by the approved final development plan rather than by any other provisions of this Chapter.

(10)

Changes restricted. After completion of the PUD, no changes may be made to the approved final development plan, except upon application to the appropriate agency under the procedures provided below:

a.

Any extension, alteration or modification of existing buildings or structures may be authorized by the Planning and Zoning Commission if they are consistent with the purposes and intent of the final plan.

b.

No change authorized by this Section may increase the dimensions of any building or structure by more than ten percent.

c.

Any uses not authorized by the approved final development plan, but permitted in the PUD as a use by right under the provisions of this Chapter or as a use permitted by a special review in the zone in which the PUD is located, may be added to the final development plan under the special review use procedures.

d.

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan, unless an amendment to the final development plan is approved in accordance with this Article.

e.

Changes in the use of common open space may be authorized only by an amendment to the final development plan in accordance with this Article.

f.

All other changes in the final development plan must be made by the Board of Trustees under the procedures authorized by this Chapter for the amendment of the zoning map.

g.

No changes may be made in the final development plan unless they are required for the continued successful functioning of the PUD or unless they are required by changes in conditions that have occurred since the final development plan was approved or by changes in the development policy of the Town.

h.

No changes in the final development plan which are approved under this Article are to be considered as a waiver of the covenants limiting the use of land, buildings, structures and improvements within the area of the PUD, and all rights to enforce these covenants against any changes permitted in this Section are expressly reserved.

(11)

Interpretation. In their interpretation and application, the provisions of this Article shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(12)

Applicability of Article. The provisions of Chapters 16 and 17 of the Del Norte Municipal Code shall apply to any and all development of land within the municipal boundaries of the Town of Del Norte, unless expressly and specifically exempted or provided otherwise in this Article. No PUD development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Article. All PUD developments shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Article.

This Article establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures as a planned unit development. Planned unit development applications will require a finding by the Town Board of Trustees or Planning Commission that the plan is in conformity with the Town Master Plan.

(Ord. No. 704, 8-8-2018)