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Gillette City Zoning Code

SECTION 15

PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS

a. Purpose:

The purpose of the Planned Unit Development Zoning District is to allow and encourage innovative approaches to site planning and land development. A Planned Unit Development (PUD) is a professionally planned residential, commercial or industrial project or a project with an integration of mixed uses that fosters design flexibility and compatible diversity in a single project site. The PUD allows a means by which parcels of land may be developed with more variety of land uses and diversity in site development than is possible under the existing conventional zoning. The PUD District is intended to promote the development of compatible land uses consistent with the Comprehensive Plan, facilitate the development of efficient streets and utility infrastructure, preserve natural and scenic features, reservation of common areas and open space and allowing for flexibility in the development of land while preventing a negative impact to the surrounding areas or the community.

A PUD District may be proposed as a substitute district for any existing zoning district and may be initiated by the landowner or the City. The PUD process involves both a change in zoning and approval of PUD Plat. A PUD may be proposed for residential, business or industrial purposes or a combination of residential/business or business/industrial purposes.

There is no minimum district area requirement for a PUD provided that the Planning Commission and City Council find that the proposed PUD is of adequate size to be free-standing and self-sufficient and complies with the Purpose and Design Standards and Review Criteria based on the project specific development information provided.

Effective on: 1/1/1901

b. Design and Review Criteria

Applications for Planned Unit Development (PUD) shall be reviewed and evaluated for compliance with the general purpose stated above and the following requirements and design standard criteria:

  1. Project is compatible with the goals and policies of the Comprehensive Plan and other adopted plans and policies;
  2. Project is compatible with the area surrounding the project site and places no greater demand on existing city facilities and services than can be furnished by the City;
  3. Proposed traffic impact does not exceed the planned capacity of existing or proposed street network serving the general area unless specific mitigation measures are incorporated in the design of the PUD to alleviate the impact.
  4. The proposed PUD places no unreasonable burden on schools, fire, police or other public facilities.
  5. The total development can exist as an integrated whole and is designed and developed under control of one owner, partnership, corporation, agency or other legal entity; satisfactory evidence of ownership of all property must be provided.
  6. The project promotes the efficient use of land by means of a more economical arrangement of buildings, circulation systems, land uses, densities and utilities and other site designs.
  7. The project efficiently integrates useable open space into the overall project design.
  8. The project demonstrates flexibility and quality in design to permit diversification in location, type and uses of structures by creating a compatible mixture of uses, density, characteristics or creative design;
  9. The project combines and coordinates architectural styles, building forms and building relationships within the development and in concert with adjacent and surrounding land and developments;
  10. The project minimizes adverse impact on adjacent zoning districts and land uses by limiting building heights, provides screening and/or adequate buffering.
  11. The project preserves and utilizes where possible, existing landscape features and amenities and encourages the harmonious combination of such features with structures and other improvements;
  12. If the PUD is developed in phases, each phase within the PUD shall be self-sufficient and not dependent on later phases to meet any of the requirements so that failure to proceed to subsequent phases will not have any adverse impacts on the PUD, adjacent or surrounding property or the community in general.
  13. The PUD provides streets adequate in width and pavement type and circulation pattern to carry the quantity and kind of traffic generated by the proposed uses.
  14. The project provides satisfactory evidence in the form of covenants, restrictions, association membership requirements and financial capacity and funding mechanism to insure, operate and maintain the private common elements within the PUD.

Effective on: 1/1/1901

c. Project Specific Development Standards

All applications for a PUD must provide detailed responses, answers or drawings to all of the following sixteen (16) questions. In addition, the PUD will also be reviewed and evaluated for compliance and compatibility with the Design and Review Criteria listed in the preceding section. The PUD will be reviewed and a recommendation formulated based upon the responses, answers, drawings and information provided by the applicant for each PUD.

  1. Permitted Uses – state the Permitted Uses allowed in the underlying base zoning district(s) that the PUD intends to allow.
  2. Additional Uses- state specific additional uses other than those listed in (1) above being requested by Applicant.
  3. Minimum Lot Size – state minimum lot size requested by applicant.
  4. Maximum Lot Size – state maximum lot size requested by applicant.
  5. Maximum Height of Structure – state maximum height requested by applicant.
  6. Building Lot/Site Coverage- state the maximum building footprint per lot allowed and the maximum site coverage that can be occupied by buildings.
  7. Minimum Setbacks on front, side and rear yards

Exterior – state the yard requirements for the underlying zoning district in which the PUD is located. The underlying zoning district’s setback requirements shall apply to all exterior boundary lines of the site.

Interior - as requested by applicant and approved by Planning Commission provided that a minimum distance of ten (10’) feet is maintained between detached structures.

  1. Project Specific Unique Development or Design Standards – Applicant shall state any specified unique attributes proposed by the applicant for this PUD to be considered by Planning Commission with attention to any architectural or aesthetics standards that would be enforced through covenants or restrictions.
  2. Landscaping, Buffering and Screening Standards

    Exterior – all exterior yard areas on the exterior boundary of the site shall provide landscaping, buffering and screening as required by the City Landscaping Ordinance. A Landscaping Plan must be submitted for review and approval as part of the PUD Plat.

    Interior – all interior landscaping, buffering or screening shall be briefly described and shown in detail on the required Landscaping Plan submitted as part of the PUD Plat by the applicant for review and approval by Park Board and Planning Commission.

    Interior lighting – describe the type and location of all interior lighting

  3. Area Designated for Common Open Space and Facilities – as requested by applicant and approved by Park Board and Planning Commission. Where private open space for park or recreational purposes is proposed it shall comply with the requirements of Section 8 h. (1) – (5) of the City of Gillette Subdivision Regulations. All areas intended as Common Open Space and/or Facilities shall be designated on the PUD Plat as well as a description of ownership and maintenance.
  4. Signage Requirements – a uniform signage system shall be proposed by the applicant. All proposed signage shall be described as part of the PUD application material. Two Center Identification Signs may be allowed by the Planning Commission provided the Center Identification Signs comply with the height and area size requirements as specified for Center Identification Signs in the Section 10 of the Zoning Ordinance. All signage attached to building shall comply with Section 10 of the City Sign Regulations governing Building Signs.
  5. Off-Street Parking Requirements – The applicant shall provide adequate off-street parking to support the intended use. The proposed parking shall be included on the PUD Plat. Section 9 of the City Zoning Ordinance shall be used as a guide in determining the amount of required off-street parking. The Planning Commission shall review the applicant’s proposed parking plan and must approve all proposed parking.
  6. Proposed Ownership of Common Areas and Facilities – All areas proposed for common open space must be described and included on the PUD Plat. The description shall include a breakdown of the total acreage and specific use. A description of the development schedule and the intended mechanism for the ownership and maintenance responsibilities of all common areas must be included.
  7. Site Access and Street Standards

Site Access – The PUD must provide adequate vehicular and pedestrian access to and within the site. A traffic impact analysis will be required to be submitted to project traffic impact generated by the uses proposed. Improvements required to streets adjacent to the proposed PUD, resulting from the traffic impact generated by the PUD, will be required to be mitigated by the applicant as a condition of approval of the PUD.

Public Streets – all interior streets intended for acceptance by the City for ownership and maintenance shall comply with City Design and Construction Standards for public streets.

Private Streets - all interior streets intended for private ownership and maintenance shall comply with City Design and Construction Standards for private streets. The proposed description and mechanism for ownership and maintenance of private streets shall be detailed.

  1. Water and Sewer and Drainage Infrastructure – The PUD shall provide details on the internal layout of all water and sewer infrastructure including the sizing and location of all mains. All water, sewer and storm water mains shall be designed to City standards and dedicated to the City for ownership and maintenance. All water, sewer and storm water mains shall be in utility easements dedicated to the City. Drainage and storm water infrastructure shall be sized based on a required drainage study and adequate detention and control of drainage and storm water provided. Ownership and maintenance of drainage areas may be either private or public.
  2. Phasing Plan – applicant is to describe the phasing plan for the PUD if it will not to be developed as a single action.

Effective on: 1/1/1901

d. PUD Review and Approval Process

All applications requesting establishment of a PUD District shall be considered an amendment to the Official Zoning Map of the City and shall be processed in accordance with the regulations governing zoning amendments. PUD applications include the processing of a zoning change and approval of PUD Plat. No PUD is approved unless both the PUD zoning district designation and PUD Plat is approved by the City Council in the form of an ordinance and plat. The PUD Plat is to be recorded in the records of the County Clerk.

  1. Concept Plan/ Sketch Plan

    While not mandatory, the applicant is strongly advised to submit a concept or sketch plan and basic description of the proposed project in sufficient detail for the staff and Planning Commission to provide meaningful feedback and identify potential problems before expenses are incurred in the preparation of a preliminary PUD Plat. Comments or recommendations provided during the concept stage are tentative only, subject to modification as a result of information provided during later staff review or public hearing stages.

  2. Proposed Open-space, Common Areas and Landscaping Plans

    Applicants are required to schedule a meeting with the Parks Board for review and approval of their proposed open-space, common areas and landscaping plans prior to the Planning Commission taking action on a Preliminary PUD proposal.

  3. Preliminary PUD Plat and Draft Ordinance

    All applicants for a PUD are required to submit a complete preliminary PUD plat application package, on forms provided by the Department of Community Development. A Planned Unit Development application consists of Preliminary PUD Plat and Draft Ordinance that describes the project goals and detailed responses to the Specific Development Standards section. The Preliminary PUD Plat and Draft Ordinance will be reviewed for completeness and compliance and scheduled for review and action by the Planning Commission.

  4. Final PUD Plat and Ordinance

    After review and approval by the Planning Commission of a Preliminary PUD Plat and draft Ordinance, an applicant can file a Final Planned Unit Development application consisting of a PUD Plat and Ordinance that is in compliance with the approved Preliminary PUD Plat and Draft Ordinance. The Planning Commission will review and recommend approval of the PUD Plat and Ordinance if it is in substantial compliance with the approved Preliminary PUD Plat and Draft Ordinance. Final PUD Plats and Ordinance are forwarded to the City Council for official approval.

     A planned unit development may be final platted in phases. The final plat or plats of the planned unit development shall conform substantially to the approved preliminary plat and stated phasing schedule for the planned unit development. Only that area covered by the Final PUD Plat will have the PUD district designation established.

  5. Council approves PUD Plat and Ordinance

    Once the Council approves a PUD Plat and Ordinance, the PUD Zoning District is established and the PUD Plat may be filed at Courthouse. The approved Final PUD Plat and Ordinance controls the issuance of building permits. The PUD must be developed in accordance with approved PUD Plat Ordinance. The PUD development is subject to the same 18 month completion time frame from date of Council approval and posting of financial security guaranteeing completion of required infrastructure as a conventional subdivision plat as described in the City of Gillette’s Subdivision Regulations. The PUD Plat does not take effect until it is recorded in the records of the Campbell County Clerk.

Effective on: 1/1/1901

e. Content of a PUD Submittal

In addition to providing the required response to the sixteen (16) questions detailed in Specific Development Standards, a complete PUD application submittal will include a PUD Plat and Landscaping Plan.

Effective on: 1/1/1901

f. Preliminary PUD Plat:

The following information and data is required:

  1. Preliminary PUD plats shall be submitted with twenty-four (24) blackline copies to the Department of Community Development. The preliminary plat shall consist of a drawing, or drawings, and accompanying material and information, as prescribed by these regulations.
  2. The preliminary PUD plat drawing shall be prepared at a scale of 1"=100', or larger. The face of the drawing shall contain the following information:
    1. the name of the planned unit development; the name shall not duplicate or too closely resemble the name of any PUD previously filed in the County;
    2. date of preparation, scale and north arrow; the top of each street shall represent north wherever possible;
    3. a vicinity map drawn at a scale of 1"=1,000' or 1"=2,000' showing the location of the proposed PUD in the City and its relationship to surrounding development;
    4. the names, addresses and phone numbers of the developer or subdivider, and the individual or firm responsible for the preparation of the preliminary PUD plat;
    5. a legal description of the PUD boundary;
    6. the boundary lines of the PUD in a heavy, solid line and referenced to section or quarter-section lines;
    7. a description of all monuments, both found and set, which mark the boundary of the PUD, and a description of all control monuments used in the survey;
    8. existing contours at an interval of two feet (2'), unless waived by City Engineer;
    9. general location and extent of any significant, natural features, such as wooded areas, streams, drainage ways or lakes;
    10. floodplains, as delineated on maps available in the office of the City Engineer;
    11. location, dimensions and names of existing roads, streets, alleys, railroad rights-of-way and structures within, and within one hundred feet (100') immediately adjacent, showing how they relate to the proposed PUD layout;
    12. location, size and grades of existing sewers, water mains, gas lines, pipelines or other underground utilities or installations, within the proposed PUD, or immediately adjacent thereto;
    13. location and dimensions of all easements of record;
    14. existing zoning and land use of proposed PUD and immediately adjacent areas;
    15. location and width of proposed streets, alleys, pedestrian ways and easements;
    16. layout, numbers and approximate dimensions of proposed lots and blocks;
    17. location, dimension and size in acres of all sites proposed to be used for commercial, industrial, multi-family residential, public or quasi-public use, with the use noted; and,
    18. a summary of the total number of acres, number of lots, acreage of residential, commercial or industrial areas, acreage of open space, amount of land in rights-of-way and other descriptive material useful in reviewing the proposed PUD;
  3. The following required information and material shall be a part of any preliminary PUD plat submittal and shall accompany the preliminary plat:
    1. payment of the total amount of the preliminary PUD plat fee;
    2. a statement explaining how and when the subdivider proposes to install water, sewer, paving, sidewalks, drainage ways and other required improvements;
    3. a statement describing the development and maintenance responsibility for any private streets, ways or open spaces;
    4. the recommendations of a qualified, professional engineer regarding soil suitability, erosion control, sedimentation and flooding problems;
    5. a description of the phasing and scheduling of phases for the development, if the final PUD plat is to be submitted in separate phases;
    6. a petition for annexation to the City of Gillette, if the land to be included in the PUD is contiguous to and, either by itself or as part of a larger tract, is completely surrounded by the boundaries of the City;
    7. the names and addresses, from the records of the Campbell County Clerk, of all owners of subdivided land and unplatted land contiguous and immediately adjacent to the boundary of the proposed PUD;
    8. a PUD application, on standard forms provided; and,
    9. a completed PUD preliminary plat checklist, on standard forms provided.
  4. Landscaping Plan: The details and content of the Landscaping Plan are described in the City of Gillette’s Landscaping Ordinance.
  5. Character: A brief written explanation of the character of the planned unit development, the reasons why it needs the flexibility of the planned unit development regulations, how the PUD affects the property, and how it accomplishes the purposes of the planned unit development regulations. The explanation shall include a description of the nature, kind, character, timing and the extent of all the public and private improvements to be constructed.
  6. Preliminary engineering: Engineering in sufficient detail which will convey the general basis of design of the sanitary sewer, water, storm water control, flood control and street facilities. Engineering requirements are detailed in the City Design and Construction Standards.
  7. Preliminary Impact studies:
    1. School impact study: Provide information on the student load and impact on the local school district,
    2. Traffic analysis: Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development. Also, an analysis should be provided on the adequacy of the internal vehicular circulation pattern.
    3. Infrastructure analysis: Provide information on the adequacy of the local utility infrastructure system to handle anticipated demand generated by the planned unit development. Also, an analysis should be provided on the adequacy of the internal infrastructure system.
    4. Covenants: Draft agreements, provisions or covenants that will govern the use, maintenance and continued protection of the planned development and any of its common open space. Covenants shall be submitted, reviewed and comments as to the adequacy provided by the planning commission.

Effective on: 1/1/1901

g. Final PUD Plat:

  • After approval of the preliminary PUD plat, a final PUD plat may be prepared and submitted. The final PUD plat shall be prepared and certified as to its accuracy by a registered land surveyor licensed to do such work in the State of Wyoming. The final PUD plat and required supporting material shall conform to the design and engineering standards set forth in these regulations and to any conditions of approval specified by the Planning Commission.
  • Final platting may be accomplished in phases covering reasonable portion of the area of an approved preliminary PUD plat. When this is done, each phase of the final PUD plat shall contain a vicinity map showing the location of the portion being submitted, in relationship to the area for which the preliminary plat was submitted. All final PUD plats so submitted shall be of the same scale; shall have identical titles, legends and other information; and shall have match lines, so that mosaics of the entire PUD can be assembled. Each phase shall be numbered according to the sequence in which it is to be recorded. Each phase of the PUD shall be as nearly self sustaining and complete as possible, and shall itself, or in conjunction with previous phases, meet the design standards set forth in these regulations, so that if development of the entire PUD is interrupted or discontinued after one (1) or more phases is completed, a viable development will result.
  • The final PUD plat shall be clearly and legibly drawn on mylar. Required affidavits, certificates and acknowledgments shall be legibly printed on the plat. The sheet size of all final PUD plats shall be twenty four inches (24") high by thirty six inches (36") wide. Information on the plat shall be positioned so that a one and one-half inch (1½") margin remains on the left side of the sheet, and a one-half inch (½") margin is left on the three (3) remaining sides. The scale of the final plat shall be 1"=100', or larger. Each sheet of the final plat shall be numbered, and the total number of sheets comprising the plat shall be stated on each sheet (e.g., Sheet 2 of 4). The relationship of one (1) sheet to the other shall be shown by key maps and by match lines.
  • The original mylar, one (1) reproducible 8 ½” x 11” copy and twenty-four (24) blackline prints of the final plat and two (2) copies of all required supporting material shall be submitted to the Department of Community Development in accordance with the Departments submittal schedule.
  • The submitted, final PUD plat shall contain the notarized signatures of the owner or owners, mortgagees or others with an equitable interest in the land and the signature of the registered land surveyor. In the case of a corporate owner or mortgagee, the corporation seal must be affixed to the final plat.
  • All final PUD plats shall include the following information on the face of the plat:
    1. the name of the PUD at the top center of each sheet;
    2. general location of the PUD by section, township, range, county and state, entered under the name of the subdivision;
    3. north arrow, date and scale;
    4. boundary lines of the PUD in a heavy, solid line;
    5. legal description of the PUD boundary, based on an accurate traverse, giving angles and linear dimensions that result in a maximum, allowable error of closure of one (1) part in ten thousand (10,000);
    6. the location and description of the point of beginning and its proper reference to the monumented boundary survey;
    7. location and description of all monuments;
    8. bearings, distances and curve data of all perimeter boundary lines indicated outside of the boundary lines;
    9. on curved boundaries and on all curves within the plat, sufficient data to allow the reestablishment of the curves on the ground;
    10. the location and layout of lots, blocks, tracts, streets, alleys, easements and other public grounds within and immediately adjoining the plat, with accurate dimensions in feet and one-hundredths of feet, interior angles, length of radii and/or acres of all curves;
    11. drainage easements and drainage detention areas, clearly labeled as such, and a note indicating the manner in which storm drainage detention is to be accomplished within the subdivision;
    12. the names of all streets;
    13. all lots and blocks, logically and consecutively numbered in the center of the lot or block;
    14. all dimensions shown on irregularly shaped lots;
    15. parcels completely or partially surrounded by the area being subdivided be clearly marked "EXCEPTED", and the common boundary with the subdivision shown in a heavy solid line with bearings and distances;
    16. a notation of the total acreage of the PUD and the total number of lots, and a breakdown of total acreage for street rights-of-way, parkland, open space, drainage detention or other public areas;
    17. a signed and notarized certificate by all parties having any titled interest or lien upon the land, consenting to the recording of the PUD plat and dedicating public ways, grounds and easements. All signatures shall be in permanent, black ink. 7 The certificate shall read:
  • Know all men by these presents that the undersigned (official name of subdivider), being the owner, proprietor or parties of interest in the land shown on this PUD plat, do hereby certify:

    That the foregoing PUD plat designated as (name of subdivision or addition), is located in (Section, Township, Range, City, County, State), and is more particularly described as follows:

    (Insert full, legal description)

    and contains an area of __________ acres, more or less, and

    That this PUD, as it is described and as it appears on this plat, is made with the free consent and in accordance with the desires of the undersigned owner(s) and proprietor(s); and that this is a correct plat of the area as it is divided into lots, blocks, streets and easements.

    That the undersigned owner(s) of the land shown and described on this plat does (do) hereby dedicate to the City of Gillette and its licensees for perpetual public use, streets, alleys, easements and other public lands within the boundary lines of the plat, as indicated, and not already otherwise dedicated for public use. Private streets, alleys, easements, common areas as indicated on this Plat are not dedicated to the City and remain the responsibility of private landowner.

    Public utility easements, as designated on this plat, are hereby dedicated to the City of Gillette and its licensees for perpetual public use, for the purpose of installing, repairing, reinstalling, replacing and maintaining sewers, water lines, gas lines, electric lines, telephone lines, cable TV lines and other forms and types of public utilities now or hereafter generally utilized by the public.

    (On plats containing drainage easements, add:)

    Public drainage easements, as designated on this plat, are hereby dedicated to the City of Gillette and its licensees for public use, to accommodate the flow or storage of storm waters and shall be kept free of all structures or other impediments.

    (Individuals, where applicable, should add:)

    All rights under and by virtue of the homestead exemption laws of the State of Wyoming are hereby waived and released.

    Executed this day of , A. D., 20 , by: 

    _______________________________

    (designation of interest:

    owner, mortgagee, etc.)

    STATE OF WYOMING )

    ) ss.

    CAMPBELL COUNTY )

    The foregoing instrument was acknowledged before me this day of __________________, A. D. 20 , by, as a free and voluntary act and deed.

    Witness my hand and official seal.

    __________________________

    Notary Public

    My Commission Expires:__________________

    (On plats containing mortgagees, add:)

    The undersigned (name of mortgagee) , hereinafter MORTGAGEE, holds a mortgage in and to the property embraced by this PUD plat, which mortgage was filed with the Clerk of Campbell County and Ex-Officio Recorder of Deeds at Book _____ of Photos, at Page _____. MORTGAGEE, by his signature on this plat, consents to the dedications made herein and specifically releases all streets, alleys, parks, easements, open spaces and other areas dedicated to the City of Gillette for public use, as listed and described on this plat from the aforementioned mortgage.

      1. certificate of a registered land surveyor, as follows:

    I, __________________________, do hereby certify that I am a registered land surveyor, licensed under the laws of the State of Wyoming, that this plat is a true, correct and complete PUD plat of (PUD Name) , as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with City of Gillette regulations governing the subdivision of land.

    _______________________________

    Registered Land Surveyor

    No. _______

      1. certificate of review of the City Engineer as follows:

    Data on this PUD plat reviewed this _____ day of _____________, 20__, by the City Engineer of Gillette, Wyoming.

    __________________________

    City Engineer

      1. certificate of approval by the City of Gillette Planning Commission, as follows:

    This PUD plat approved by the City of Gillette Planning Commission this _____ day of ____________________, A. D., 20____.

    __ _____________________

    Chairman

    __ _____________________

    Secretary

      1. certificate of acceptance and approval by the City Council of the City of Gillette, as follows:

    Approved by the City Council of the City of Gillette, Wyoming, this _____ day of ____________________, A. D., 20____.

    ______________________________

    Mayor

    ______________________________

    City Clerk

      1. certificate for recording by the County Clerk and Recorder, as follows:

    This PUD plat was filed for record in the Office of the Clerk and Recorder at __ o’clock __.m., 20 __, and is duly recorded in Book __, Page No. __.

    ______________________________

    County Clerk

      1. When the PUD plat intends to vacate an existing easement, the location of the easement shall be shown on the PUD plat with a notation that it is being vacated by the PUD plat. 6 In the case of a resubdivision of an existing subdivision or portion of a subdivision, the following declaration shall appear above the Mayor's signature or below the title:

    DECLARATION VACATING PREVIOUS PLATTING

    This PUD plat is the resubdivision of (subdivision or portion of subdivision being resubdivided) , as recorded in Book _____ of Plats, Page _____, of the records of the Campbell County Clerk. All earlier plats or portions thereof, encompassed by the boundaries of this PUD plat are hereby vacated.

    1. The final PUD plat shall be accompanied by the total amount of the final PUD plat fee.
    2. The final PUD plat shall also be accompanied by any covenants, property owners' association by-laws, or other instruments providing for the maintenance of any private streets or other improvements being proposed in lieu of required public improvements. The covenants must adequately provide for perpetual, private maintenance of these private streets and improvements. Such instruments shall be in a form acceptable for recording in the records of the County Clerk.
    3. After receipt of the final PUD plat, the Department of Community Development shall review the submittal for completeness and for conformance with the approved preliminary PUD plat. The Department may refer copies of the final PUD plat to and seek comment from other officials and agencies. Any such comments should be made known to the Department within fourteen (14) days after the date of submittal of the final plat.
    4. The final PUD plat shall be scheduled for the consideration of the Planning Commission in accordance with the Department’s submittal and review schedule. After due deliberation, the Planning Commission shall approve, conditionally approve, or disapprove the final PUD plat. Approval of a final PUD plat by the Planning Commission shall remain effective for eighteen (18) calendar months.
    5. The developer shall be notified of the action of the Planning Commission. If the PUD plat is disapproved, the subdivider may request a hearing before the Planning Commission. If, after the hearing, the decision of the Planning Commission is substantially unaltered from its original decision with which the subdivider disagreed, he may proceed according to the Appeals provisions outlined in Section 5.b. of the City Subdivision Regulations.
    6. A complete Final PUD plat submittal shall consist of the final PUD plat, Ordinance and all required supporting materials. Required supporting material relating to the Final PUD plat consists of:
      1. a Final PUD Plat Checklist on standard forms provided;
      2. drawings and specifications, as prescribed by the City Design and Construction Standards for Final PUD Plats
      3. an application for a Permit to Construct;
      4. profiles, cross-sections, plans and specifications of roads, streets and bridges, as required by the City Engineer;
      5. a certified copy of an appropriate, recorded instrument granting the right of public access, if access to the PUD or any part thereof must be gained across property outside of the PUD;
      6. when applicable, a warranty deed conveying to the City of Gillette, or other appropriate public agency, any public lands, other than streets, alleys or easements shown on the final PUD plat, and title insurance on the subject parcel;
      7. payment of any fees in-lieu of public land dedication, or any initial payment, and a payment schedule keyed to PUD development;
      8. payment of all recording fees;
      9. evidence satisfactory to the City Council that the land is free of all encumbrances, and that the person who offers any part of the PUD for sale or who solicits any offers for the purchase thereof; directly or through agents, may convey merchantable title, subject only to noted reservations or restrictions of record but free of encumbrances and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or that binding arrangements have been made by the person who offers any part of the PUD for sale, directly or through an agent, to assure purchasers of any part of the PUD that, upon full payment of the purchase price, a warranty deed can and will be delivered conveying merchantable title, subject only to a proportionate share of such taxes and assessments thereon, as may be levied or assessed for the year in which such sale may be legally effected; an attorney's title opinion or ownership and encumbrance report shall be considered satisfactory evidence; such an opinion or report shall also note any reservation for mineral rights and the existence of any mineral or oil and gas leases;
      10. if the PUD proposes to utilize adjoining property for sewers, drainage, sewer lines, power lines or other utilities, copies of binding easements of not less than twenty feet (20') in width for the proposed facilities from each property owner over whose land such services shall extend shall be provided;
      11. the original of a brief disclosure statement, to be placed on file with the County Clerk, pointing out any hazards or problems associated with all or any part of the PUD; the disclosure statement will note potential mine subsidence areas (as identified by the Wyoming Department of Environmental Quality or through other sources available to the City Engineer), difficult soil conditions, high water tables, excessive slopes or other conditions which might have an adverse impact on the uses intended for the subdivided land. The words, in capital letters, "DISCLOSURE STATEMENT ON HAZARDS OR PROBLEMS ASSOCIATED WITH THIS PUD ON FILE WITH THE COUNTY CLERK" shall appear on all offers, solicitations, advertisements, contracts, agreements and plats relating to the PUD; neither the City, nor its employees, agents, commissions or consultants shall in any way guarantee the reliability of the information contained in the statement, but shall make copies available to interested parties upon request; and,

    Within a reasonable time after receiving the recommendations of the Planning Commission, along with the Final PUD Plat and accompanying materials, the City Council shall either approve the Final PUD Plat or disapprove the Final PUD Plat and notify the subdivider of the conditions to be met to gain approval. If a disapproved Final PUD Plat is modified and resubmitted to the City Council at a later date for their consideration, the Council may require the concurrent submittal of an updated ownership and encumbrance report or title opinion.

    If the PUD plat is to be recorded in the records of the County Clerk prior to acceptance by the City of all required public improvements and/or approval by the City Engineer of completed private streets and utilities, appropriate security guaranteeing the proper and timely completion of such improvements shall be provided. A performance and payment bond, an irrevocable letter of credit, funds in escrow or other suitable commitment, as approved by the City Attorney, shall constitute appropriate security. The security shall be for not less than seventy five percent (75%) of the cost of improvements, as estimated by the subdivider's engineer and approved by the City Engineer. The security shall be accompanied by a standard contract on forms provided, executed by the subdivider, providing for completion and approval of all improvements within a period not exceeding eighteen (18) months from the date of approval of the Final PUD Plat by the City Council. The security shall provide for its release, only after acceptance of secured public improvements by the City or after approval of completed private streets, improvements and/or utilities by the City Engineer, as the case may be.

    As an alternate procedure, and at the request of the subdivider, the City Council may grant conditional approval to a Final PUD Plat and instruct the Department to withhold the plat from recording for a period of time to allow the subdivider to install all of the required improvements, according to the plans and specifications approved by the City Engineer. An executed, standard contract, as approved by the City Attorney regarding installation of improvements, shall still be submitted with the final plat. The contract shall require that all improvements be completed and approved by the City Engineer, according to the requirements specified in these regulations within a period not to exceed eighteen (18) months from the date the Final PUD Plat was conditionally approved by the City Council. If required by the City Engineer, the subdivider shall also submit with the final plat a signed and acknowledged instrument, in recordable form, dedicating to the City those easements shown on the PUD plat which may be needed in advance of the PUD Plat being recorded. The subdivider shall also agree to cooperate with the City Engineer in the necessary inspections of the construction of PUD improvements. When the completed improvements are inspected and approved by the City Engineer (and if proposed for City maintenance, accepted by the City), the PUD plat shall be recorded and the sale of lots may proceed according to the approved and recorded PUD plat. The developer is responsible for all PUD plat recording fees. In the event of default by the subdivider on the terms of the contract, the City Council may repeal the approval of the PUD plat.

    A subdivider who has received conditional approval of a final PUD plat may elect to proceed to file the Final PUD Plat by posting appropriate security in the amount of the total cost of the remaining public improvements. Upon posting the security and executing a standard contract, as previously described, the PUD plat shall be deemed approved for filing and development shall proceed. The security and standard contract shall provide for its release of the security, only after acceptance of secured public improvements by the City or after approval of completed private streets and utilities by the City Engineer.

    Effective on: 1/1/1901

    h. Amendment Process

    Any significant amendment or change to a PUD development after approval of the PUD Plat by the City Council but before filing at the courthouse must be re-submitted, reviewed and approved by the Planning Commission on the same basis as the original final plat.

    Until the PUD Plat is recorded, minor changes in the location, setting, alignment, or character of buildings and structures, type or placement of plant material may be authorized administratively by the community development director if it becomes necessary due to circumstances not reasonably foreseen at the time the final PUD Plat was approved. No change authorized by the planning director may increase the size of any building or structure by more than five percent (5%), nor change the location of buildings or structures by more than five feet (5’) in any direction. Other requests for minor revisions will be referred to the appropriate city department for review and approval. If changes to the Plat or support documents are required, new drawings will be required to be submitted that incorporate the approved change. Approved changes are to be incorporated into the Final PUD Plat.

    All other alterations or modifications in the use, intent, rearrangement of lots, realignment of major circulation patterns, density levels, provisions governing common or open space, modification to infrastructure design, or any other alterations that in the opinion of the community development director substantially changes the PUD from what was approved, constitutes an amendment and the Final PUD Plat must be revised and re-submitted, reviewed and approved on the same basis as the original PUD Plat submittal including re-approval by both the Planning Commission and City Council.

    After a Final PUD Plat is filed and recorded with the Campbell County Clerk, the only recourse, if changes are desired, is to resubmit the PUD Plat for review and approval. All revised PUD Plats submitted for re-approval shall be titled as an Amended PUD Plat and require review and approval by the Planning Commission and City Council.

    Effective on: 1/1/1901