(a)

The purpose of a Planned Unit Development (PUD) is to encourage flexibility in the development of land in order to promote appropriate and high quality use; to improve the design, character and quality of new development; to facilitate the adequate and economical provision of streets and utilities; to protect the natural environment and avoid development in hazardous areas; and to provide the appropriate natural and scenic features of open space.

(b)

A PUD is a commitment on the part of the developer to construct a project based on a plan approved by the Town Council following review and recommendation by the Planning and Zoning Commission. The developer shall adhere to applicable Town ordinances and other requirements that may be specified in an approved PUD development plan.

(c)

All provisions of the underlying zoning district over which the PUD is located shall continue to apply unless varied or waived by the Town Council as part of the approved PUD development plan. Approval of a Planned Unit Development shall result in the creation of an overlay to the base zoning district, with specific requirements and standards that are unique to the planned development.

(Ord. 09-10 §2)

Applications for PUDs may be made for land located in any zoning district. The bulk and density requirements included in Article III of this Chapter do not always apply to PUDs, and when no requirements are established in Article III, the development shall be controlled by criteria and standards of this Article which shall be agreed to in the approved PUD development plan. The PUD is a type of customized zoning district or zoning overlay. If a PUD is to consist of newly created lots or parcels, a subdivision plat or exemption plat approval will also be required. The PUD development plan and subdivision application may be processed concurrently.

(Ord. 09-10 §2)

This Planned Unit Development (PUD) Overlay District is enacted pursuant to the State of Colorado Planned Unit Development Act of 1972, as amended (Section 24-67-101, et seq., C.R.S.).

(Ord. 09-10 §2)

The uses permitted in a PUD shall be those permitted in the underlying zone by right or as a conditional use and other uses as determined upon submission and approval of the PUD development plan. Mixed use developments are encouraged.

(Ord. 09-10 §2)

(a)

The PUD development plan may establish density, height, setback, lot size, wetlands buffer areas, parking lot design standards, architectural, signage and landscaping standards that differ from those in the underlying zone or in this Code, provided that the standards further the objectives of the PUD regulations, the Comprehensive Plan, and the specific PUD development plan.

(b)

All requirements of the underlying zone and those set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern, except to the extent that the approved PUD development plan provides exceptions as allowed herein.

(c)

A PUD with one-hundred percent (100%) residential use in the Mixed-Use (MU) Zone may be considered provided that the development standards further the objectives of the Town, are supported by the Comprehensive Plan, and are designed to complement the surrounding areas, to blend into the architectural character of the community and to meet the criteria set forth in Section 16-3-170, "Mixed Use" of this Code.

(d)

A PUD sign plan may be used to establish signage standards that differ from those applicable to the development, provided that the standards further the objectives of the PUD regulations, the Comprehensive Plan, and the development.

(e)

A PUD landscape plan may be used to establish landscaping standards that differ from those applicable to the development, provided that the standards further the objectives of the PUD regulations, the Comprehensive Plan, and the development.

(Ord. 09-10 §2; Ord. 18-15 §1; Ord. 03-17 §5; Ord. 13-21 §3)

(a)

Minimum site size. There shall be no minimum number of units or acres which may constitute a PUD. A PUD may be established on any sized parcel, provided that it has an adequate building site and can meet the objectives of this Article.

(b)

Compatibility with neighborhood. The Town shall evaluate the relationship of the PUD to its surroundings in order to consider adverse effects concerning traffic circulation, building height or bulk, visual impact or intrusion into privacy of neighboring properties. The evaluation criteria will include, but not be limited to, the following:

(1)

Size and location of site.

(2)

Street capacities in the area, and ingress and egress to adjoining streets.

(3)

Location and amount of off-street parking.

(4)

Internal traffic circulation.

(5)

Fencing, screening and landscaping.

(6)

Building bulk and location on site.

(7)

Usable open space.

(8)

Signs and lighting.

(9)

Environmental impacts.

(10)

Impacts to facilities and utility systems.

(11)

Hours of operation.

(12)

Size of operation.

(c)

Side setback. A periphery yard adjacent to the exterior boundaries of the PUD shall be at least as deep as those required by the yard regulations of the underlying zoning district unless the Planning and Zoning Commission and the Town Council find that equal protection will be accorded to adjacent parcels through specific features of the approved plan.

(d)

Open space. Open space shall be adequate in terms of location, area and type for the recreational and leisure use of the visitors and the population occupying the PUD and shall be designed to enhance the present and future value of the development. PUDs that overlay the residential zones (RH, RM, RL and RE) may cluster the required percentage of open lot area or required open space in common public or private open space.

(1)

Open space. Open space in a PUD means the land area to be used for scenic or open recreational purposes within the development.

(2)

Open space does not include street rights-of-way, driveways, parking areas, required setbacks or public service easements unless these areas have some special recreational design or purpose.

(3)

To the maximum extent possible, the PUD plan and program shall ensure that natural features of the land are preserved and landscaping is provided.

(4)

In order to ensure that open space will be permanent, dedication of development rights to the Town for open space use may be required.

(5)

In the event the common open space is owned and maintained by the property owners within the PUD, or by an organization chosen for maintenance, and the owners or organization fail to maintain the common open space in reasonable order and condition in accordance with the PUD development plan, the Town may serve written notice setting forth the manner in which the common open space has been improperly maintained and demanding that such deficiencies be cured within thirty days thereof. If the maintenance has not been corrected within the prescribed timeframe, the Town may, in accordance with Section 24-67-105(c), C.R.S., proceed with remedying the situation.

(e)

Density. Density allowed within a PUD shall generally be consistent with the underlying zone, but may be increased by the Town based on a finding that the project implements the goals of the Comprehensive Plan and does not create undue hardships, safety issues or nuisances within the community. Buildings utilizing vertical mixed uses are encouraged in the Core Area Retail (CA) zone.

(f)

Building height. The maximum height of buildings may be increased above the maximum permitted in the underlying zone district in consideration of the following characteristics of the proposed building:

(1)

Its geographic location;

(2)

Visual effect on adjacent sites or other areas in the vicinity;

(3)

Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view;

(4)

Influence on the general vicinity with regard to extreme contrast, vistas and open space;

(5)

Uses within the proposed building; and

(6)

Fire protection capacities.

(g)

Subdivision lot sizes. Minimum area, width, depth and frontage requirements for subdivision lots in a PUD may be less than the minimum specified in the underlying zone if in accordance with the approved PUD development plan and the Town's adopted Comprehensive Plan. Each private lot shall contain an acceptable building site. The clustering of development with useable common open areas shall be permitted to encourage provision of and access to common open space, save street and utility construction and maintenance costs and accommodate building types which share common side walls.

(h)

Street circulation system. The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, convenience and access. Private internal streets or circulation may be permitted, provided that adequate access for police, fire and emergency vehicles is maintained; streets are named in a logical fashion to avoid confusion; and provisions for using and maintaining such streets are imposed upon the private users and approved by the Town. Bicycle pathways and bicycle storage shall be provided for if appropriate.

(i)

Off-street parking. The number of off-street parking spaces for each use in a PUD may vary from Article VI of this Chapter based on consideration of the following factors:

(1)

Estimated number of vehicles to be used by occupants of dwellings in the PUD;

(2)

Temporary and permanent parking needs of non-dwelling uses;

(3)

Varying time periods of use whenever joint use of common parking areas is proposed; and

(4)

Parking and storage needs for recreational vehicles, including but not necessarily limited to campers, camper shells, boats, travel trailers and snowmobiles.

(j)

Pedestrian circulation. The PUD shall provide pedestrian ways throughout the PUD that allow residents and visitors to walk safely and conveniently among areas of the PUD and provide for connections to the PUD from the adjacent neighborhoods and in conformance with adopted Town recreational and pathway plans.

(k)

Landscaping. The PUD shall provide for landscaping that is appropriate for the uses in the approved PUD development plan and compatible with area landscaping and streetscape plans.

(l)

Phasing. Phasing of construction within a PUD may be permitted, provided that each individual phase is designed and developed to exist as an independent unit, and that the construction and improvement of common open space and site amenities shown on the development plan proceed at the same rate as the construction of dwellings and other permitted land uses. Each phase of development within a PUD shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed to a subsequent stage will not have a substantial adverse impact on the PUD or its surroundings. Any phasing shall be approved by the Town Council.

(m)

Wetlands Buffer Areas. The PUD shall provide adequate wetlands buffer areas to protect the wetlands from damage during and after construction activities. The Required Wetlands Buffer Areas set forth in Section 5 of Appendix 17-C "Wetland Regulations," of the Dillon Municipal Code of the Town of Dillon, Colorado may be reduced to a minimum of five (5) feet from edges of any type of wetlands area except those specifically identified as fen wetlands. The required wetlands buffer area for fen wetlands may not be any less than one hundred fifty (150) feet. In order to reduce the wetlands buffer area, the applicant must submit a written report for approval containing the following information:

(1)

A topographic survey drawing showing the delineated wetlands boundary in relation to the property boundaries and other existing surface features on the property.

(2)

The applicant must submit a copy of the accompanying wetlands delineation report.

(3)

A narrative and description on how the wetlands will be protected during and after construction, and how the proposed development will not adversely affect the health of the wetlands.

(4)

A narrative on how the wetlands buffer area and the wetlands will not be utilized for the storage of snow removed from buildings, streets, sidewalks and parking areas and what steps they will take to ensure compliance with their tenants and snow removal personnel. This narrative should also include a discussion on how snow melt and storm runoff from these areas will be handled to protect the wetlands area.

(5)

A narrative on how the proposed development conforms with any current restrictions or conditions of approval put on a particular wetlands by the Town or any state or federal governmental agency. In some cases final approval from a federal government agency may be required.

(n)

Parking Lot Design Standards.

(1)

Parking Lot Grades: The PUD shall provide parking lot grades that are suitable for use in Dillon's severe snow and ice climate. Parking lot grades may be increased beyond the maximum requirements outlined in Section 16-6-60 of the Dillon Municipal Code of the Town of Dillon, Colorado, if the owner provides a written statement justifying the reasonableness of the grades proposed in the PUD proposal and includes language holding the Town of Dillon, its officers and employees, harmless from any adverse effects and claims arising from the steeper grades.

(2)

Parking Garage Ramp Grades: As part of a PUD, parking lot ramp grades with a maximum longitudinal slope of twenty percent (20%) may be considered. A snowmelt system is required for grades in excess of ten percent (10%).

(3)

Parking Garage Ramp Widths: As part of a PUD, a parking garage access ramp may be reduced to a minimum of twenty (20) feet wide.

(4)

Compact Parking Spaces: When a project requires more than forty (40) off street parking spaces, the applicant can designate up to twenty percent (20%) of the commercial or residential parking required for a PUD project as compact parking.

(5)

Backing onto Public Right-of-Way: As part of a PUD and after considering traffic impacts and Town snow storage needs, the Public Works Director may approve off-street parking spaces that back into the Town Right-of-way when all of the following conditions are met:

a.

The property must be located within the Core Area (CA) zoning district.

b.

The Right-of-Way must be a dead end right of way and may only be connected to another Town Right-of-Way at one (1) end.

c.

The applicant shall provide snow storage on the PUD parcel for the Town's use or install a snow melt system for that Portion of Right-of-Way between the Right-of-Way line and the edge of the asphalt road adjacent to the parking spaces.

(Ord. 09-10 §2; Ord. 18-15 §2)

(a)

Preapplication conference. A conference between the Town Manager and other staff (including any referral agencies deemed appropriate) and the applicant shall take place prior to the submission of any PUD application. The purpose of the conference is to acquaint the applicant with the procedural and submittal requirements of this Article and to acquaint the Town with the developer's intentions.

(b)

PUD Concept Plan. A PUD Concept Plan may be processed as a Level II development application. This step in the PUD approval process is recommended but not required should the developer choose to proceed with the more extensive application for a PUD development plan. The intent of the PUD Concept Plan is to evaluate the general feasibility of a project, including review of the design, the compatibility with the surrounding neighborhoods and conformance with the Comprehensive Plan. In addition to the submittal requirements established in Article II, the applicant shall submit the following materials for Town review:

(1)

PUD Concept Plan narrative describing the general concept of the development, the proposed land uses and density, the proposed development standards that deviate from the underlying zoning regulations and other sections of this Code and the general architectural concept.

(2)

PUD Concept Plan illustrations to include twenty (20) 11" x 17" copies and one electronic copy or disk of the following:

a.

A vicinity map illustrating the general location of the proposed PUD.

b.

Illustration of the type and location of all proposed land uses and building sites.

c.

General plan for circulation, including street, alley and sidewalk or pathway widths and type of surfacing.

d.

Location and size of all public and private open space and recreational sites.

e.

Identification of existing conditions including existing buildings, easements, vegetation, land use and zoning of the development property and land use and zoning of properties within three hundred (300) feet,

(c)

PUD development plan and preliminary plan (with subdivision) application: PUDs shall be evaluated under the Level IV process established in Article II of this Chapter. In addition to, or in combination with, the submittal requirements established in Article II, the applicant shall submit the following materials for Town review: five (5) full-sized 24" x 36" copies, twenty (20) 11" x 17" copies, and one (1) electronic copy or disk of the PUD development plan and preliminary subdivision plan (when appropriate) and accompanying text and documents which shall contain the following:

(1)

PUD development plan maps and other illustrative attachments.

a.

A vicinity map illustrating the general location of the proposed PUD.

b.

Existing and proposed contour map, using two-foot contour intervals for properties with slopes less than twenty percent (20%), or five-foot contour intervals for property with slopes greater than twenty percent (20%).

c.

Location, widths (or dimensions) and names of all existing or platted streets or other public ways, railroad and utility rights-of-way, utility easements, parks or other public open spaces, and land uses within three hundred (300) feet of the development.

d.

Existing sewers, water mains and other underground facilities within and adjacent to the development.

e.

Proposed location and capacity of sewers or other disposal facilities, water mains and other underground utilities.

f.

Erosion control and drainage plan.

g.

Proposed system for handling storm water drainage.

h.

A preliminary subdivision plan in conformance with Section 17-2-40 of this Code, if the property is proposed to be subdivided.

i.

A land use plan indicating the location and type of proposed land use, and, when relevant, building envelopes planned for the development and the property boundaries. Attached to this plan shall be a table summarizing all the proposed land uses and their total acreages for the entire property.

j.

Location and dimensions of areas proposed to be dedicated or reserved for interior circulation, parking, public parks, playgrounds, school sites, public buildings or other uses dedicated or reserved to the public, if any.

k.

Location and dimensions of open space that is to be maintained and controlled by the owners of the property and the proposed uses thereof and the open space that is to be dedicated to the Town.

l.

A traffic flow map and traffic study indicating the proposed circulation patterns within and adjacent to the development, including access to any collectors or arterials.

m.

Location and dimensions of all proposed streets, private roadways and alleys.

n.

Location and dimensions of bikeways, pedestrian walkways, malls, trails and/or easements.

o.

Location, arrangement, number and dimensions of automobile garages and parking spaces, width of aisles, bays and angle of parking.

p.

Preliminary architectural plans and elevations of typical buildings and structures, indicating locations, general height, bulk, appearance and number of dwelling units.

q.

A preliminary tree planting and landscaping plan. Live existing trees and groves of trees shall be shown. Trees to be removed by development shall be so marked on the plans and may be required to be flagged in the field.

r.

The approximate location, height and materials of all walls, fences and plantings. Elevation drawings of typical walls and fences shall be included.

s.

The phases, if any, of development construction. Each phase shall be clearly marked on the general development plan map.

t.

A shadow projection, if required by the Town.

u.

A snow removal plan and areas proposed to be dedicated or reserved for snow storage.

v.

Location, arrangement and dimensions of snow shed areas generated by the development.

w.

Any other documents as required by the Town.

(2)

PUD development plan narrative and attachments.

a.

Statement of the basic concept and purpose of the planned development.

b.

Narrative explaining environmental issues, including floodplains, severe slopes and other natural hazards, and the mitigation plan for these issues.

c.

Tables showing the total number of acres and square footage of floor areas and the percentage of the total area which is designated for each type of land use, including each dwelling type, off-street parking, streets, parking lots, parks, playgrounds, schools and open space, as shown on the proposed development plan.

d.

Tables showing the overall density of the proposed residential development and showing density by dwelling type. All density calculations shall be net dwelling units, excluding all land earmarked for public or private rights-of-way and all other lands to be dedicated to the Town.

e.

Drafts of appropriate restrictive covenants, including those regarding the maintenance of any common open space, or required dedications or reservations of public open space and of any dedications of development rights.

f.

A time table indicating when utility and drainage facilities intended to serve the development are to be installed. If the development is to be constructed in stages, the time table should reflect this.

g.

A narrative explaining the snow removal plan.

h.

Narrative of the PUD zoning plan establishing the permitted land uses, parcel sizes (if the PUD includes subdivision of land) and dimensions, setbacks, heights and maximum and/or minimum percent coverage.

i.

Design standards for landscaping, architecture, signage, outdoor lighting and fences.

j.

Development phasing plan.

k.

The applicant's proof of ownership of the property and written consent for development as a PUD.

l.

Any other documents as required by the Town.

(d)

Review and findings by Planning and Zoning Commission.

(1)

Commission action. The Planning and Zoning Commission, after review of the PUD development plan and program under the Level IV development review process and any accompanying subdivision application, shall either recommend approval of the application, with or without modifications and conditions or recommend denial. A recommendation for approval of a PUD shall be based on the following findings:

a.

The proposed development and PUD plan are in substantial conformance with the Comprehensive Plan.

b.

The PUD as set forth in the PUD development plan will not have an adverse impact on the surrounding area. The PUD is compatible with the scale, intensity, and type of land uses located on adjacent property.

c.

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

d.

Streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.

e.

The proposed utility and drainage facilities are adequate for the population densities and type of development proposed and will not create a drainage or pollution problem. The timing of installation of utility and drainage facilities will be closely coordinated with development construction and will not create a hardship on residents either within or outside the planned area.

f.

The density in the proposed development will not result in the inability on the part of the Town or utility providers to provide public utilities or services to the project. The applicant must furnish to the Town such additional water rights, storage right and treatment capacity in the Joint Sewer Authority wastewater treatment plant as found necessary by the Town to serve the development following build out. The Town shall determine the quantity and quality of water rights required.

(2)

Conditions of approval. The Planning and Zoning Commission may recommend conditions of approval that relate to the impacts created by the proposed PUD which may include, but are not limited to, the following:

a.

Increasing the required setbacks.

b.

Limiting the height of the buildings.

c.

Controlling the location and number of vehicular access points.

d.

Establishing new streets, increasing the rights-of-way or roadway width of existing streets, requiring curbs and sidewalks and, in general, improving the traffic circulation system.

e.

Requiring additional improvements for utilities or storm drainage facilities.

f.

Increasing the number of parking spaces and improving design standards for parking areas.

g.

Limiting the number, size, location and lighting of signs.

h.

Designating sites for open space and recreation.

i.

Requiring additional view-obscuring screening or fencing.

j.

Establishing any special time limits for completion of all or any portion of the project, including but not limited to utilities, drainage facilities, streets, curbs, gutters, sidewalks, parking areas, landscaping, fencing, screening, recreation areas or community buildings.

k.

Requiring a special contractual agreement with the Town to ensure development of streets, sidewalks, drainage facilities, utilities and other improvements to standards which are acceptable to the Town.

l.

Requiring the placement of building and roadways in such a manner that: i) would provide for utilization of the solar potential of the site and protect the solar access of adjacent sites, and ii) would buffer and minimize any adverse noise impacts.

(e)

Action by Town Council. Once the recommendation has been received from the Planning and Zoning Commission, the Town Council shall hold a public hearing and may either approve, approve with conditions or deny the PUD development plan. If the proposed PUD is accompanied by a subdivision application, a subdivision preliminary plan, in accordance with the procedures established under Article II of this Chapter for Level IV applications and the requirements in the subdivision regulations, may be reviewed concurrently.

(1)

Upon approval of a PUD development plan, the Town Council shall find that the PUD is in general conformity with the adopted Comprehensive Plan.

(2)

The PUD development plan shall be adopted by ordinance and duly recorded at the County Clerk and Recorder's office. Any associated subdivision plan will be adopted by resolution and duly recorded. Final subdivision plats may be processed in stages if so approved in the PUD development plan.

(3)

The Town Council may require development improvement agreements, maintenance agreements, encroachment agreements and any other agreements the Town may deem applicable or necessary for implementation of the PUD development plan and program, protection of the Town or fulfillment of the conditions of approval of the PUD. The applicant shall pay the fee established by resolution or ordinance of the Town Council applicable to any such agreement required by the Town Council.

(4)

Revisions to the Zoning District Map. An approved PUD development plan shall be recorded on the Official Town Zoning Map filed in the Planning Department as soon as practicable after the PUD becomes effective.

(f)

Proposed changes in approved PUD development plans.

(1)

Major changes. Major changes in the PUD development plan and program after the PUD has been adopted shall be considered a Level IV development application and shall be reviewed in accordance with the procedures specified herein for a new application.

(2)

Minor changes. Minor changes in an approved PUD development plan and program may be reviewed by the Planning and Zoning Commission under a Level III application, provided that such changes:

a.

Do not change the character of the development or the proposed density.

b.

Do not change the boundaries of the PUD.

c.

Do not change any use, such as residential to commercial.

d.

Do not significantly change the location or amount of land devoted to a specific land use.

e.

Do not relax dimensional standards or other specific requirements established by the Planning and Zoning Commission or Town Council as a condition of approval.

(3)

Corrections, adjustments. If, under the discretion of the Town Manager, a proposed correction or adjustment to an approved PUD development plan is of such nature to not merit Planning and Zoning Commission review, the Town Manager shall authorize the application to be processed as a Level II project. If the proposed change is denied, the applicant may process the application as a Level III project reviewed by the Planning and Zoning Commission.

(g)

Assurance of completion and maintenance of improvements.

(1)

Completion of improvements. All developers shall be required to complete all of the street and other improvements as specified in the PUD development plan and subdivision plan or as required in this Chapter and to dedicate public improvements to the Town or other applicable public agencies, free and clear of all liens and encumbrances. The developer shall submit a certificate of title prior to conveying any land to the Town indicating all title restrictions.

(2)

Development improvements agreement. Prior to applying for a building permit and prior to recording a subdivision plat, the developer shall either install all required improvements or enter into an agreement with the Town which shall obligate the developer to install and construct all public improvements within and adjacent to the project as may be required under the provisions of this Chapter and the approved PUD development plan. In those instances where the developer is not the property owner, the property owner or owners shall either be co-signors to the agreement or shall provide alternative agreements allowing the Town to enter onto the property for the purposes of inspection of or completion of public improvements in the case the developer fails to complete all required improvements. The agreement shall specify the following at a minimum:

a.

A description of all public improvements required.

b.

An estimate of the cost of installing all public improvements.

c.

The timing of public improvements in relation to the development of individual sites.

d.

A description of all private improvements required by this Chapter, conditions of approval or other pertinent Town regulations.

e.

A performance guarantee that the improvements will be installed in accordance with the approved plans.

(3)

Performance guarantees.

a.

If the improvements are not installed in accordance with the PUD agreement prior to applying for a building permit and filing of the plat, the developer shall post an acceptable form of surety or collateral with the Town, prior to the time of building permit application and (when relevant) recording the plat, in an amount equal to one hundred twenty percent (120%) of the estimated costs of all remaining public improvements not already installed.

b.

Such performance guarantee shall be a letter of credit in an amount fixed by the Town Manager issued by a bank authorized to transact business in the State, in a form generally as prescribed by the Town and acceptable to the Town Attorney, or cash money in an amount fixed by the Town Manager or the development improvement agreement. If the developer fails to install the improvements as approved and/or the Town has unreimbursed costs or expenses resulting from such failure, the Town shall cash the letter of credit or call on the cash deposit for reimbursements or to complete the improvements. The period within which required improvements must be completed shall be incorporated in the development improvement agreement or guarantee. Said guarantee shall remain in full force and effect until released by the Town. If the amount of the letter of credit or cash deposit is less than the cost and expense incurred by the Town, the developer shall be liable to the Town for the difference, plus applicable interest.

(4)

Failure to complete project. Where a performance guarantee has been posted and a development improvements agreement entered into and all improvements required by the Town have not been installed in compliance with such agreement, the Town may thereupon declare the agreement to be in default and may utilize the funds available from the performance guarantee to complete the improvements within the subdivision.

(5)

Release or reduction of performance guarantees.

a.

The Town will not accept the required improvements, nor release a performance guarantee, until the Town Engineer has indicated that all required improvements have been satisfactorily completed and until the developer's engineer has certified to the Town Engineer, through submission of detailed as-built plans of the development improvements, that all improvements have been installed in accordance with the approved construction plans for the project and are ready for dedication to the Town or other appropriate agencies. No funds will be released prior to the warranty period established in the performance guarantee.

b.

A performance guarantee may be reduced by the Town upon actual completion of public improvements and then only in the ratio that the public improvements completed bear to the total public improvements of the plan. In no event shall a performance guarantee be reduced below twenty percent (20%) of the principal amount until all improvements have been completed, the warranty period has been met and the improvements have been accepted by the Town.

(6)

Maintenance of improvements and performance guarantee.

a.

The developer shall be required to maintain the public improvements in the development and to provide for snow removal, street cleaning, drainage and general maintenance of the streets and sidewalks prior to acceptance by the Town. In the event the developer fails to comply, the Town is authorized, through the Town Manager, to perform the necessary work without incurring any liability and charge such work to the developer. If not paid, any such charges shall become a first and prior lien on the development.

b.

The developer shall be required to execute a performance guarantee with the Town in a form acceptable to the Town Attorney, prior to acceptance of any public improvements, in an amount equal to twenty percent (20%) of the original cost of the public improvements, in order to assure the satisfactory maintenance of the required improvements for a period of one (1) year after the date of their acceptance by the Town. Such bond shall guarantee all public improvements constructed by the subdivider shall remain free from defect for the required one-year period.

(h)

In the event the developer has failed to develop the PUD within the timeframe approved in the PUD Development Plan, or that timeframe identified in Section 16-2-440 , the approval shall become null and void and the property shall revert to the original underlying zone.

(Ord. 09-10 §2; Ord. 04-20 §§7—9; Ord. 09-21 §7; Ord. 13-21 §6)