The primary purpose of a planned residential development (PRD) is to promote creativity in site layout and design, allowing flexibility in the application of the standard zoning requirements and development standards. More specifically, it is the purpose of this chapter to:

A.

Permit developers to use innovative methods including low impact development (LID) techniques and approaches not available under conventional zoning methods to facilitate the construction of a variety of housing types and densities serving the housing needs of the Lynden community and meeting the goals and policies of the comprehensive plan;

B.

Provide for the economic provision of public facilities and services by allowing choices in the layout of streets, utility networks and other public improvements through superior site design and the use of clustering;

C.

Allow development of land with physical constraints while preserving the natural characteristics of the site, including topography, native vegetation, critical areas and other natural amenities of value to the community;

D.

Encourage infill within areas of the city which are characterized by existing development;

E.

Create and/or preserve open space for recreation and the aesthetic enjoyment of residents; and

F.

Provide for the management and control of stormwater under current state and local regulations.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

The provisions of this chapter shall apply to all single family residential zones, the RMD (residential mixed density) zone and all residential multi-family zones, provided that the project design includes areas of density within the overall project that are consistent with the density allowances of the multi-family zones.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

A.

Active Recreation: Active recreation includes "recreation, outdoor" defined in LMC 17.01.030 and trails and garden areas.

B.

Planned Residential Development: A planned residential development, (PRD), is a tract of land which is to be developed as a coordinated unit according to a detailed plan within the scope of zones permitted by this chapter to allow greater flexibility and creativity in site design.

C.

Major Community Facility: A major community facility includes recreational facilities for use by the approved planned residential development.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

The minimum area required for a PRD shall be one acre.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

All uses that are permitted outright or as a conditional use within the underlying zone are permitted within a PRD; provided that, for development of single family residences within an RS zone, at least twenty-five percent of the dwelling units within the PRD shall be detached single family units.

Commercial uses which are found to be accessory and compatible with the proposed PRD may be permitted in areas specifically designated areas of the PRD.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

While development under a PRD provides measures for flexibility and creativity in the development of new home sites, there are certain minimum standards that must be met to protect Lynden's character, aesthetic values and health and safety. Additional conditions or requirements more stringent than these minimum standards may be imposed as a condition of approval. The following are minimum standards applicable to all PRD proposals; provided that, said minimum standards may be reduced subject to subsection J herein:

A.

Density: The density shall be the same as the density for the underlying zone; except where the application qualifies for a density bonus under Section 19.29.070. The area included in a floodplain or floodway identified by FEMA shall not be included in the gross land area for the calculation of density. The base density for projects that include land in two or more zoning designations shall be calculated for the land area in each zone and added together for the total number of units.

B.

Height: Maximum height of structures when the underlying zoning is a single family or mixed density zone is thirty-five feet. The maximum height of structures when the underlying zone is a multi-family zone is forty-five feet. Building height may be extended above these limits under a master planned residential development when approved in the PRD agreement. Considerations for approval of extension of the height limit include the size of the parcel, the character and scale of the surrounding parcel(s) and neighborhood, protection of view corridors and the existence of adequate infrastructure to supply necessary services.

C.

Parking Requirements: Parking must be provided consistent with LMC 19.51. Alternate parking ratios or flexible configurations may be proposed in association with a PRD.

D.

Building Setbacks: All PRD's are subject to the following minimum setbacks:

1.

Fifteen feet between the front of the house and the front property line;

2.

Twenty-five feet between garage doors and the front property line;

3.

There is no minimum building separation, except as provided by the International Building and Fire Codes, but such separation may be required as a condition of approval.

4.

Other setbacks may be required as a condition of approval. For purposes of this section, where the "front property line" borders on a public right-of-way, said "front property line" shall be the edge of the public right-of-way or the edge of shared access easement if public right-of-way is not established.

E.

Street Widths: Arterial or collector streets or streets shown within the transportation plan must be constructed to full city standards. Within a PRD, a reduced street section for a residential access street that is not included in the transportation plan may be permitted as follows:

1.

Thirty feet from face of curb to face of curb, allowing two driving lanes and room for on-street parking on one side of the street.

2.

A minimum five-foot sidewalk fronting all residences with a four-foot buffer or planting strip between the curb and sidewalk.

3.

Rolled curbs are not allowed adjacent to pedestrian walkways.

F.

Pedestrian Connectivity: In addition to sidewalks fronting residential lots, there must be logical pedestrian connections throughout the project including trails within or adjacent to open space areas.

G.

Maximum Lot Coverage: There is no maximum lot coverage established by this overlay zone; provided that, a maximum lot coverage limitation may be imposed as a condition of approval based on consideration of the size of the parcel, the character of the surrounding parcel(s) and neighborhood, protection of view corridors and the existence of adequate infrastructure to supply necessary services.

H.

Unit Distribution: When a PRD is used in a single family zone a mix of housing types is permitted, however, at least twenty-five percent of the dwelling units must be detached single family units.

I.

Minimum Lot Size: For detached single family residences within a PRD, the minimum lot size shall be no less than five thousand square feet; provided that, smaller lots or detached condominiums may be approved subject to consideration of the factors identified in subsection J herein.

J.

Where the applicant seeks to depart from the above minimum standards in the PRD process, the planning commission and council shall consider the following factors and the council may in its sole discretion approve departure from one or more of said minimum standards upon finding that the PRD proposal clearly satisfies one or more of these factors:

1.

The modification of minimum standards protects or improves the character of the surrounding neighborhood in terms of architectural scale, view corridors, the aesthetic character or provision of services;

2.

The modification of minimum development standards protects critical areas and the environmental quality of the parcel(s) to be developed;

3.

The modification of minimum standards is necessary to permit reasonable development as a result of unique characteristics of the property or the proposed uses;

4.

The modification of building height (subject to Section 19.29.060(2)) or building setbacks where reasonably necessary due to arrangement of buildings and open spaces as they relate to various uses within or adjacent to the planned development; provided that any such modification shall be consistent with subsection A herein;

5.

The modification of minimum standards is adequately mitigated by reasonably related public improvements proposed in connection with the planned development.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

Density bonuses shall be allowed for planned residential developments and master planned residential developments according to the following provisions:

A.

When at least ten percent of the land is set aside in common open space satisfying the requirements of Section 19.29.080, a five percent bonus to the base density is allowed.

B.

When twenty percent of the land is set aside in common open space and major community facilities, as approved by the city council (i.e. a swimming pool, or club house) are constructed on the remaining land, a ten percent bonus to the base density is allowed.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

A PRD shall set aside a minimum of seven and one-half percent of the gross land area or four thousand square feet, whichever is greater, for active recreational uses. For purposes of this chapter, a "set aside" of open space shall require:

(a)

A recorded deed restriction or restrictive covenant which runs with the land and assures that said property will remain in open space in perpetuity, consistent with the terms of this chapter, and which shall be held and maintained for such purposes for the common benefit of residents of the development by a homeowner's association; or

(b)

A permanent dedication of property to the city, which is accepted by the city, to hold and maintain as open space consistent with the purposes of this chapter.

A.

Location: The area proposed for open space within the PRD shall be within reasonable walking distance of all dwelling units within the development. The minimum open space requirement of four thousand square feet must be met with an open space set aside at one location which shall be suitable for active recreational uses. Where the minimum requirement is greater than four thousand square feet, at least one contiguous area meeting the minimum size requirement must be set aside at one location for common open space. Any remaining open space set aside may be otherwise distributed according to the requirements of this section.

B.

Access: All dwelling units within the PRD must have legal access to the proposed open space. Open space set aside for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security.

C.

Types of Open Space: Land dedicated for open space shall be used for at least one of the following purposes:

1.

Greenbelts that serve as a buffer between land uses (greenbelts do not include yard areas privately owned, nor do they include required landscaping surrounding a building or parking area). Open space that preserves existing native vegetation is encouraged;

2.

Low impact development (LID) stormwater best management practice (BMP) facilities;

3.

Active recreational uses, including trails and garden areas;

4.

Protecting environmentally sensitive areas.

D.

Use of Open Space: Except as provided below, a minimum of thirty percent of the required open space shall be suitable for active recreational purposes. The topography, soils, hydrology and other physical characteristics shall be of such quality as to provide an area suitable for recreation. These areas may be used for low impact development (LID) facilities.

1.

The percentage of open space required to be suitable for active recreational uses may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage.

2.

The percentage of open space required to be suitable for active recreational uses may be decreased to as low as ten percent, if it is determined that the inclusion of the buffers or environmentally sensitive areas such as wetlands would better meet the needs of residents and/or the surrounding community.

E.

Qualification for a density bonus: The provision of improved recreational or park facilities including "recreational facilities" and "outdoor recreation" such as improved playfields, basketball and tennis courts, trails, playground facilities or picnic areas or the preservation of unique natural features such as habitats of threatened or endangered wildlife or plant species, wetlands, and environmentally sensitive areas shall qualify for a density bonus, so long as the requirements described in Section 19.29.070 are fully satisfied.

F.

Implementation: The property proposed for open space shall be shown on the PRD's master plan and shall be set aside for management by the homeowner's association or dedicated to the city for public use only if acceptable to the city. Maintenance and operation of open space set aside to the homeowner's association shall be the responsibility of the homeowner's association. A set aside of open space is not eligible for credit against the assessment of impact fees for parks or public recreation facilities unless it meets each of the following criteria: (a) the open space is dedicated and accepted by the city for public use; and (b) the proposed location of the dedicated open space is included in the city's adopted capital facilities plan for city park acquisition. The city, at its sole discretion may choose to accept a dedication of open space as city park property, including the maintenance and operation thereof, when the property proposed for dedication meets the following criteria as outlined in the park and trail master plan:

1.

Minimum park dedication of one-half acre in size. Developments that include ten acres or more would require a minimum park dedication of one acre in size.

2.

The proposed dedication is at least one-quarter mile away from a similar facility. If the proposed facility is greater than two acres in size, it should be located at least one-half mile from another park facility.

3.

There are opportunities for expansion of smaller park areas into larger park areas as adjoining parcels develop.

4.

The proposed dedication is geographically located in an area that is projected for substantial growth during the planning period (six years) and is consistent with the provisions of the park and trail master plan.

5.

The proposed dedication has safe and convenient access from the surrounding neighborhood and parking as necessary for public use.

6.

Drainage for the proposed site is adequate.

7.

Parcel size and shape is appropriate to park development. Oddly shaped "remainders" are discouraged.

8.

There are open lines of sight at the facility for security purposes.

9.

The proposed site meets the needs and desires of the community and considers the specific needs of the surrounding neighborhood.

10.

The proposed site meets state and federal accessibility requirements.

G.

Stormwater Detention Facilities: Stormwater detention facilities including low impact development (LID) facilities may be included by the city as part of the open space necessary for a density bonus, but not as part of the minimum required open space, subject to LMC Chapter 13.24 and satisfaction of the following criteria:

1.

The detention facility does not provide drainage for public facilities including public streets unless all easements and drainage releases are approved.

2.

The detention facility shall be constructed so as to drain fully when precipitation is not occurring (i.e. no standing water shall be left) unless the facility is a pond designed as an aesthetic amenity.

3.

The side slope of the detention facility shall not exceed thirty-three percent, unless such slopes already exist naturally and are covered with vegetation. Where the facility has a hard surface wall or slope, the vertical drop shall not exceed twenty-four inches without fencing appropriate to the site conditions to protect public safety.

4.

If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in a natural or near natural condition.

5.

The detention area shall be landscaped both in a manner consistent with maintaining high aesthetic standards and is able to withstand the inundation expected.

6.

Use of property set aside as open space area for both detention and recreation purposes shall not be acceptable if the detention area must be rendered unsuitable or unavailable for recreation use during dry weather.

7.

In the case of joint use of open space set aside (not dedicated to the city) for detention and recreation, the homeowner's association shall be responsible for the maintenance in perpetuity of the facilities in the condition approved under the development contract.

H.

Rights and Duties: The owners of the private open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants, development agreements, critical areas regulations, or other restrictions:

1.

The right to locate recreational facilities such as tennis courts, basketball courts, swimming pools, picnic tables designed to be used exclusively for the use of the residents of the development and their guests.

2.

The right to locate pedestrian and bicycle paths or trails.

3.

The right to take whatever lawful measures are reasonably necessary to protect and maintain such land, or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb.

4.

The right to locate and operate community gardens.

5.

The right to regulate access to or entry on the open space land and duty to maintain such land.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

A.

Submittal of an application is required per the minimum development standards as noted in Section 19.29.060 above and LMC Chapter 13.24. An applicant may submit application when approval of a development concept is desired and the planned residential development will be reviewed and approved in phases as noted in Section 19.29.100 below. In order to be determined complete, an initial application for approval of a PRD shall, at a minimum, include the information listed below:

1.

A consolidated legal description of all parcels to be included in the master plan.

2.

A map, prepared by a qualified professional, showing the following:

a.

The primary transportation and utility corridors,

b.

The location of common open space, and

c.

The distribution of housing types and densities.

3.

A narrative description of the project. Narrative must indicate the scope of private infrastructure which would become the responsibility of the homeowners association. If the application seeks to modify the minimum development standards, each modification must be identified and a detailed explanation of how the development will meet the criteria listed in Section 19.29.060.10 and other applicable criteria shall be included.

4.

A completed SEPA Checklist, prepared as part of a phased environmental review under WAC 197-11-060(5).

5.

A phasing plan if one is proposed.

B.

To be determined complete, an application for a planned residential development seeking a one-step approval or the second step of a two-step approval per Section 19.29.100 must include all of the information listed below. This information may be submitted for a portion of a project with the approval of a phased two-step PRD. This information shall be submitted for the entire development proposal for a project that does not use the two-step approval procedure.

1.

One map showing street systems, location of utilities, preliminary plat designs and contours at five foot or less intervals;

2.

Watercourses, natural drainage patterns, unique and sensitive natural features, forest cover, and critical areas;

3.

Locations and sizes of areas proposed to be set aside for common open space as required in Section 19.29.080, any public buildings, and similar public and semi-public uses;

4.

A map which clearly demonstrates how infrastructure, natural features and critical areas, and common areas relate to one another;

5.

Areas designated for recreational buildings, clubhouses, country club facilities and the nature and extent of such facilities;

6.

Proposed building areas or phases, housing types, densities, setbacks and height.

7.

A development schedule indicating:

a.

The approximate date when construction of the project can be expected to begin;

b.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

c.

The anticipated rate of development;

d.

The approximate dates when the development of each of the stages in the development will be completed;

e.

The area and location of common open space that will be provided at each stage;

8.

The existing and proposed utility systems including sanitary sewers, storm sewers, water lines, electric lines, gas lines and telephone lines.

9.

The existing and proposed circulation system of arterial, collector and residential access streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way. Notations of proposed ownership, public or private, should be included where appropriate.

10.

The existing and proposed pedestrian circulation system, including interrelationships with the vehicular circulation system. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.

11.

A general landscaping and tree planting plan including the proposed treatment of the perimeter of the PRD, including materials and techniques used such as screens, fences and walls.

12.

An economic feasibility report or market analysis and a statement substantiating how the proposed PRD will be superior and provide benefit to the public beyond what is available through conventional development.

13.

The names and addresses of all persons, firms, and corporations holding interest in the property, including easement rights and drainage structures.

14.

Information on a map which shows the development in relation to the surrounding area and its uses, both existing and proposed, including land uses, zoning classifications, densities, circulation systems, public facilities and unique and sensitive natural features of the landscape.

15.

A complete environmental review package including a complete SEPA Checklist, engineered traffic impact analysis, a narrative from the project's engineer describing the proposed stormwater management system, critical areas preliminary review and other studies as required during the pre-application meeting or master plan approval.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

A.

Applications for a PRD shall follow the review and approval process listed in Chapter 17.09 of the Lynden Municipal Code. The PRD shall be overlayed on the underlying zoning district.

B.

An applicant may elect to undergo either a one step or a two-step approval process for a PRD.

1.

A one step process requires concurrent review and consideration of the general project concept, including its density and overall design, and of all specific site and development regulations associated with the proposed development. This process entails review under the requirements of LMC Chapter 17.09.

2.

In a two-step process, the applicant must receive two separate city approvals under LMC Chapter 17.09. The applicant first seeks approval of a master plan and general project concepts before expending the time and resources in developing the specific site and development features of the proposal. The second approval relates to the specific site design and development requirements defined by the approved of the conceptual plan and be filed with the Whatcom County Auditor's Office as noted above. Approval of a PRD constitutes the city's acceptance of a project design and concept. Once the conceptual plan component of the PRD is approved for the site, the applicant may proceed to begin the second step: submittal of the specific components of its development outlined in Section 19.29.090(B) and Section 19.29.110 and as required during approval of the master plan. These specific design components are subject to city approval under LMC Chapter 17.09.

The intent in establishing a two-step process is to ensure consistency with the city's comprehensive plan, decrease the applicant's expenditure of time and resources and promulgate a cohesive community and neighborhood aesthetic based upon the city's present and future needs.

C.

The final development contract, with all exhibits, must be submitted to the planning department within six months of preliminary approval of an approved PRD utilizing the one-step procedure in subsection (B)(1) above or within six months following approval of the proposal in the second-step stage of an PRD utilizing the twostep approval procedure in subsection (B)(2) above.

D.

The development contract must include specific development requirements based on the PRD approval and all special conditions and approvals applied to the property within the PRD. This development contract, related exhibits, and any amendment approved pursuant to Section 19.29.120 shall be recorded in the Whatcom County Auditor's Office. The PRD shall constitute a limitation on the use and design of the site. If full build-out of the site is not achieved upon expiration of a development contract, the provisions of the underlying zoning category apply except that reconstruction of damaged or destroyed property may be done consistent with the original contract.

E.

In the event there is to be a subdivision of property, dedication of streets, parks or other public lands, the final plan and approval thereof shall be subject to all ordinances and laws regulating subdivisions including Chapter 18.18 LMC, and any additional requirements therein. In the event of a specific irreconcilable conflict between this chapter and other ordinances, the provisions of this chapter shall apply to PRD proposals.

F.

Covenants, Conditions, and Restrictions (CCRs) must be submitted to the planning department in conjunction with the request for final plat approval to provide staff and legal counsel the opportunity to comment. A recorded copy of the CCRs must be provided to the planning department prior to issuance of building permits on the site.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

In addition to the findings of fact required for approval within Section 17.09.040, the following criteria shall be met for approval of a PRD.

A.

Design Criteria: The design of the PRD shall achieve two or more of the following results:

1.

High quality architectural design, placement, relationship or orientation of the structures;

2.

Achieving the allowable density for the subject property;

3.

Providing housing types that effectively serve the affordable housing needs of the community;

4.

Improving circulation patterns;

5.

Minimizing the use of impervious surfacing materials;

6.

Increasing open space or recreational facilities on-site;

7.

Preserving, enhancing or rehabilitating the natural features of the property such as significant woodlands, or critical areas;

B.

Perimeter Design. The perimeter of a PRD shall be appropriate in design, character and appearance with the existing or intended character of the development adjacent to the subject property and with the physical characteristics of the property.

C.

Streets and Sidewalks. Existing and proposed streets and sidewalks within a PRD shall be suitable to carry the anticipated traffic within the proposed development and the vicinity. The design of the circulation system shall be consistent with the requirements of Chapter 18.14 LMC.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

A.

The final PRD development plan may be amended administratively without notice if the application does not involve a change which would cause one or more of the following to occur:

1.

Violation of any provisions of this chapter;

2.

Varying the lot area requirements by more than ten percent;

3.

A reduction of more than ten percent of the area set aside for common open space and/or usable open space;

4.

An increase in the total ground area covered by buildings by more than five percent; or

5.

The applicant seeks to change the housing type from a multi-family designation to a single family designation.

6.

Additionally, the modification must be consistent with the final PRD development contract.

B.

The final development plan may be amended through the process described in Section 19.29.100 in the following circumstances and if the amendment meets the requirements of Section 19.29.110:

1.

Land may be added to the overall development plan if:

a.

The land to be added is within the same underlying zoning; and

b.

The addition is a logical extension of services and development and the infrastructure developed for the original development can be shown adequate to serve the additional land; and

c.

The addition will meet the minimum standards for PRD development set forth in Section 19.29.060; and

d.

The final PRD development contract has not yet expired.

2.

Changes in the parcel development requirements such as setbacks, lot coverage or other similar changes which exceed the minor modification limits in subsection 1 above.

3.

Any change in infrastructure development requirements must be listed within the final development contract.

C.

The final development plan may not be amended in the following manners unless explicitly permitted within the final PRD development contract:

1.

To transfer unused density from one area of the final PRD to another;

2.

To change the housing type from single family to multi-family;

3.

To remove land from a PRD.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

To preserve and maintain community facilities and open space, every PRD shall have a homeowner's association and agreements and enforceable covenants to fund and effectively collect funds for such an organization. Said agreements and enforceable covenants shall apply to all property within the PRD, shall be recorded and shall run with the land, and shall be consistent with The Washington Uniform Common Interest Ownership Act (WUCIOA) as required per RCW 64.90.

A.

The restrictive covenants and/or homeowner's association intended to be used by the applicant in a PRD, which purports to restrict the use of land, the location or character of buildings or other structures thereon, set aside open space, and establish provisions for the perpetual maintenance of common grounds, must be submitted to the planning department in conjunction with the final development contract to provide the technical review committee and city attorney an opportunity to comment.

B.

The homeowner's association authority shall be established in restrictive covenants applicable to all property within the PRD. Said restrictive covenants shall provide, inter alia, for the assessment, collection and enforcement of collection of such homeowner's dues as are necessary for adequate maintenance of open space, common grounds and stormwater facilities, any private roads or utilities, and for performance of any other association obligations.

C.

At the time of final plat the developer must record on the title of each lot the restrictive covenants or a notice thereof regarding the obligations of common ownership within the PRD. If a PRD is not associated with a platting action, the restrictive covenants must be recorded on the title of the property prior to issuance of a building permit.

D.

The restrictive covenants recorded against each lot shall contain at least one provision stating that it is the policy of the city of Lynden never to acquire or maintain common elements or limited common elements of a homeowners association, including community facilities and open space, unless the city chooses to accept a dedicated open space under Section 19.29.080. This provision shall be set apart in some way as to be eye-catching, for example, in its own paragraph in large, bold, or all caps font. The same provision should be included with the description of the common elements and/or limited common element in the public offering statement required under RCW 64.90.610, as amended.

E.

Subsequent amendments to restrictive covenants do not supersede the requirements of the PRD final development contract and all associated develop standards. Upon expiration of a development contract the provisions of the underlying zoning category apply except that reconstruction of damaged or destroyed property may be done consistent with the original contract.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

If substantial construction has not commenced within twenty-four months from the time of final approval of the PRD contract, the permit shall lapse. The city council may extend this time limit by up to twelve months if the request is made in writing to the planning director prior to the expiration of said twenty-four months following final approval. Any extension of time may be conditioned on the requirement to post a performance bond as required in Section 18.06.010(5), for one hundred fifty percent of the engineer's estimate for the completion of the infrastructure.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)

A.

All improvements which are to be made to city owned property or which are to become the property of the city must be either completed or bonded for completion in the manner provided in Sections 18.06.010(5) and 18.06.010(6) LMC. No sales of property in the PRD may be made until such improvements are so bonded or completed and approved by the city. The city may allow the construction of such improvements, or the bonding thereof, in phases, if the PRD is to be developed in phases and if each phase can logically be utilized independently or in conjunction with previously completed phases. In case the PRD is to be developed in phases, and construction of city owned improvements is to be allowed in phases, the plan submitted and approved shall state with particularity which improvements are to be made in conjunction with each phase.

B.

All improvements to be owned in common by persons purchasing property rights in the PRD must be either completed or bonded for completion in the manner provided for in Section 18.06.010(5) and 18.06.010(6). No sales of property in the PRD may be made until such improvements are so bonded or completed and approved by the city. The city may allow the construction of such improvements, or the bonding thereof, in phases, if the PRD is to be developed in phases and if each phase can logically be utilized on its own or in conjunction with previously completed phases. In case the PRD is to be developed in phases, and construction of improvements to be owned in common is to be allowed in phases, the plan submitted and approved shall state with particularity which improvements are to be made in conjunction with each phase.

(Ord. No. 1657, § C(Exh. A), 12-19-2022)