“Common open space” means a parcel of land, an area of water or a combination of land and water within the site designated for a planned development designed and intended primarily for the use or enjoyment of residents, occupants and owners of the planned development. This is distinguished from public open space which is dedicated to and maintained by the Town. Such public open space may be used to contribute to any open space requirement imposed upon a PD.

“Community amenity” means any dedicated structure, parcel of land containing a legal deed restriction, or activated park area that is provided for the use or enjoyment of residents of the Town. Examples include pavilions, playgrounds, pieces of art, dog parks, and community gardens. In the event that staff cannot categorize unique proposals, the Town Council will rule on what qualifies as a community amenity.

“Plan” means the provisions for development of a planned development which may include, and need not be limited to, location and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space and other public facilities. “Provisions of the plan” means the written and graphic materials referred to in this definition.

“Planned development” means an area of land controlled by one (1) or more landowners to the development under unified control or unified plan of development for a number of dwelling units, commercial, educational or recreational uses or any combination of the foregoing, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to other provisions of this Chapter. (Ord. 2020-09-21A §1; Ord. 2019-07-08 §1)

(a) To provide for necessary commercial, recreational and educational facilities conveniently located to housing of all types and design.

(b) To ensure that the provisions of this Chapter which direct the uniform treatment of dwelling type, bulk, density and open space with each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objective of this Chapter.

(c) To encourage innovations in residential and commercial development and renewal so that the demands of the population may be met by greater variety in type, design and layout of buildings, and by the conservation and more efficient use of open space ancillary to such buildings.

(d) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes.

(e) To lessen the burden of traffic on streets and highways.

(f) To provide a procedure which can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging preservation of the site’s natural characteristics.

(g) To encourage integrated planning in order to achieve the above purposes. (Ord. 2019-07-08 §1)

(a) The applicant shall submit a sketch plan to the Town for review and consideration. The sketch plan shall delineate the following:

(b) After review by the Town staff, the application will be forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the sketch plan in light of the foregoing objectives, the Town comprehensive plan and the impact of the proposed development on existing or future public facilities and upon neighboring properties. The Planning and Zoning Commission may also review the application in light of the additional information required by this Section and recommend the waiver of some requirements because they are unnecessary or inapplicable, or the addition of required information not set forth in this Section. The Planning and Zoning Commission shall then recommend approval, disapproval or conditional approval to the Town Council.

(c) Upon the request of the applicant, the Planning and Zoning Commission may continue the hearing on the planned development to a later regularly scheduled meeting of the Planning and Zoning Commission to permit the applicant an opportunity to revise the sketch plan in light of the comments and recommendations made by the Planning and Zoning Commission.

(d) Upon conclusion of the hearing on the sketch plan, the Planning and Zoning Commission shall render a decision on whether to accept said sketch plan, with or without conditions, and if said sketch plan is not accepted by the Planning and Zoning Commission, then the applicant may appeal such decision to the Town Council. If so appealed, the Town Council shall indicate approval, disapproval or conditional approval, and shall state definitely what additional information is to be submitted with the PD Zone District plan and any preliminary plat, and what additional information not otherwise required by this Section will be required to be filed with said application. Such a statement shall not preclude the Town Council from requiring further information to be filed with the final plat or final development plan. (Ord. 2020-09-21A §2; Ord. 2019-07-08 §1)

(a) A written statement and exhibits containing as a minimum the following information:

(b) A written statement and exhibits describing the uses and activities to be permitted within each area or areas including the following:

(c) The overall density proposed for the land as well as the maximum density to occur in each area.

(d) The proportion of land to be left in a natural condition as a major open space, stated in terms of acreage or square footage, as well as the ratio of open space in areas to be developed, stated on a square foot per unit basis.

(e) A description of snow removal methods or techniques to be utilized.

(f) A description of the proposed method of providing permanent maintenance of all nonprivate buildings, facilities and areas, and private streets, if any.

(g) A written statement which shall describe and provide evidence of:

(h) The maximum height of buildings shall be determined by review of each planned development.

(i) The plan must provide for parking in conformance with the zoning ordinance.

(j) The manner in which storm drainage shall be handled.

(k) The limits of the one hundred (100) year floodplain for the area.

(l) Adequate fire and emergency equipment access.

(m) Other materials as may be required by the Town. (Ord. 2019-07-08 §1)

(a) Common open space will be required in all planned developments. Unless otherwise listed below, common open space for a PD and/or specific land use areas of a PD shall be negotiated using as a base for discussion the open space amount as stated in the underlying zone district. This amount or the amounts listed below shall be understood to be the minimum amount from which to start such open space negotiations. Where there is no minimum open space identified for a base zone district, the following minimum* land area percentages shall apply:

(b) The planned development shall not be permitted unless provisions for ownership and maintenance of open space, streams, stream banks, wooded cover and other desirable landscape features and needs for public facilities are made or are protected by easements, covenants, property owners’ agreements or dedications to ensure their continuity and conservation.

(c) In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the planned development to maintain the common open space in reasonable order and condition in accordance with the plan, the Town may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Such notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of the hearing thereon, which shall be held within fourteen (14) days of notice. At such hearing, the Town may modify the terms of the original notice as to deficiencies and may give an extension of time, within which they shall be cured. If the deficiencies set forth in the original notice or in any modified notice are not cured within thirty (30) days or any extension thereof, the Town, in order to preserve the taxable value of the property within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the one (1) year period, the Town shall, upon its own initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned development to show cause why such maintenance by the Town shall not, at the election of the Town, continue for a succeeding year. If the Town Council determines that such organization is not ready and able to maintain the common open space in a reasonable condition, the Town may, in its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(d) The cost of such maintenance by the Town shall be paid by the owners of properties within the planned development who have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on the properties. The Town shall file a notice of such lien in the office of the County Clerk and Recorder upon the properties affected by such lien within the planned development and shall certify such unpaid assessments to the Board of County Commissioners and the County Treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.

(e) Where the Town Council deems that the cash value of common open space dedication is more appropriate based on the needs of the community, cash-in-lieu of land, dedicated community amenities, or a combination thereof may be substituted at the Town’s discretion.

(a) To further the mutual interest of the residents, occupants and owners of a planned development and of the public and the preservation of the integrity of the plan, the provisions of the plan relating to the use of the land, the location of common open space shall run in favor of the Town and shall be enforceable at law or in equity by the Town without limitation on any power or regulation otherwise granted by law.

(b) All provisions of the plan shall run in favor of the residents, occupants and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and, to the extent such provisions, whether recorded by plat, covenant, easement or otherwise, or by contract or agreement, may be enforced at law or in equity by residents, occupants or owners acting individually, jointly or through an organization designated in the plan to act on their behalf; provided, that no provisions of the plan shall be implied to exist in favor of residents, occupants or owners except as to those portions of the plan which have been fully approved.

(c) All those provisions of the plan authorized to be enforced by the Town may be modified, removed or released by the Town, subject to the following:

“Common open space” means a parcel of land, an area of water or a combination of land and water within the site designated for a planned development designed and intended primarily for the use or enjoyment of residents, occupants and owners of the planned development. This is distinguished from public open space which is dedicated to and maintained by the Town. Such public open space may be used to contribute to any open space requirement imposed upon a PD.

“Community amenity” means any dedicated structure, parcel of land containing a legal deed restriction, or activated park area that is provided for the use or enjoyment of residents of the Town. Examples include pavilions, playgrounds, pieces of art, dog parks, and community gardens. In the event that staff cannot categorize unique proposals, the Town Council will rule on what qualifies as a community amenity.

“Plan” means the provisions for development of a planned development which may include, and need not be limited to, location and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space and other public facilities. “Provisions of the plan” means the written and graphic materials referred to in this definition.

“Planned development” means an area of land controlled by one (1) or more landowners to the development under unified control or unified plan of development for a number of dwelling units, commercial, educational or recreational uses or any combination of the foregoing, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to other provisions of this Chapter. (Ord. 2020-09-21A §1; Ord. 2019-07-08 §1)

(a) To provide for necessary commercial, recreational and educational facilities conveniently located to housing of all types and design.

(b) To ensure that the provisions of this Chapter which direct the uniform treatment of dwelling type, bulk, density and open space with each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objective of this Chapter.

(c) To encourage innovations in residential and commercial development and renewal so that the demands of the population may be met by greater variety in type, design and layout of buildings, and by the conservation and more efficient use of open space ancillary to such buildings.

(d) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes.

(e) To lessen the burden of traffic on streets and highways.

(f) To provide a procedure which can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging preservation of the site’s natural characteristics.

(g) To encourage integrated planning in order to achieve the above purposes. (Ord. 2019-07-08 §1)

(a) The applicant shall submit a sketch plan to the Town for review and consideration. The sketch plan shall delineate the following:

(b) After review by the Town staff, the application will be forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the sketch plan in light of the foregoing objectives, the Town comprehensive plan and the impact of the proposed development on existing or future public facilities and upon neighboring properties. The Planning and Zoning Commission may also review the application in light of the additional information required by this Section and recommend the waiver of some requirements because they are unnecessary or inapplicable, or the addition of required information not set forth in this Section. The Planning and Zoning Commission shall then recommend approval, disapproval or conditional approval to the Town Council.

(c) Upon the request of the applicant, the Planning and Zoning Commission may continue the hearing on the planned development to a later regularly scheduled meeting of the Planning and Zoning Commission to permit the applicant an opportunity to revise the sketch plan in light of the comments and recommendations made by the Planning and Zoning Commission.

(d) Upon conclusion of the hearing on the sketch plan, the Planning and Zoning Commission shall render a decision on whether to accept said sketch plan, with or without conditions, and if said sketch plan is not accepted by the Planning and Zoning Commission, then the applicant may appeal such decision to the Town Council. If so appealed, the Town Council shall indicate approval, disapproval or conditional approval, and shall state definitely what additional information is to be submitted with the PD Zone District plan and any preliminary plat, and what additional information not otherwise required by this Section will be required to be filed with said application. Such a statement shall not preclude the Town Council from requiring further information to be filed with the final plat or final development plan. (Ord. 2020-09-21A §2; Ord. 2019-07-08 §1)

(a) A written statement and exhibits containing as a minimum the following information:

(b) A written statement and exhibits describing the uses and activities to be permitted within each area or areas including the following:

(c) The overall density proposed for the land as well as the maximum density to occur in each area.

(d) The proportion of land to be left in a natural condition as a major open space, stated in terms of acreage or square footage, as well as the ratio of open space in areas to be developed, stated on a square foot per unit basis.

(e) A description of snow removal methods or techniques to be utilized.

(f) A description of the proposed method of providing permanent maintenance of all nonprivate buildings, facilities and areas, and private streets, if any.

(g) A written statement which shall describe and provide evidence of:

(h) The maximum height of buildings shall be determined by review of each planned development.

(i) The plan must provide for parking in conformance with the zoning ordinance.

(j) The manner in which storm drainage shall be handled.

(k) The limits of the one hundred (100) year floodplain for the area.

(l) Adequate fire and emergency equipment access.

(m) Other materials as may be required by the Town. (Ord. 2019-07-08 §1)

(a) Common open space will be required in all planned developments. Unless otherwise listed below, common open space for a PD and/or specific land use areas of a PD shall be negotiated using as a base for discussion the open space amount as stated in the underlying zone district. This amount or the amounts listed below shall be understood to be the minimum amount from which to start such open space negotiations. Where there is no minimum open space identified for a base zone district, the following minimum* land area percentages shall apply:

(b) The planned development shall not be permitted unless provisions for ownership and maintenance of open space, streams, stream banks, wooded cover and other desirable landscape features and needs for public facilities are made or are protected by easements, covenants, property owners’ agreements or dedications to ensure their continuity and conservation.

(c) In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the planned development to maintain the common open space in reasonable order and condition in accordance with the plan, the Town may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Such notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of the hearing thereon, which shall be held within fourteen (14) days of notice. At such hearing, the Town may modify the terms of the original notice as to deficiencies and may give an extension of time, within which they shall be cured. If the deficiencies set forth in the original notice or in any modified notice are not cured within thirty (30) days or any extension thereof, the Town, in order to preserve the taxable value of the property within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the one (1) year period, the Town shall, upon its own initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned development to show cause why such maintenance by the Town shall not, at the election of the Town, continue for a succeeding year. If the Town Council determines that such organization is not ready and able to maintain the common open space in a reasonable condition, the Town may, in its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(d) The cost of such maintenance by the Town shall be paid by the owners of properties within the planned development who have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on the properties. The Town shall file a notice of such lien in the office of the County Clerk and Recorder upon the properties affected by such lien within the planned development and shall certify such unpaid assessments to the Board of County Commissioners and the County Treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.

(e) Where the Town Council deems that the cash value of common open space dedication is more appropriate based on the needs of the community, cash-in-lieu of land, dedicated community amenities, or a combination thereof may be substituted at the Town’s discretion.

(a) To further the mutual interest of the residents, occupants and owners of a planned development and of the public and the preservation of the integrity of the plan, the provisions of the plan relating to the use of the land, the location of common open space shall run in favor of the Town and shall be enforceable at law or in equity by the Town without limitation on any power or regulation otherwise granted by law.

(b) All provisions of the plan shall run in favor of the residents, occupants and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and, to the extent such provisions, whether recorded by plat, covenant, easement or otherwise, or by contract or agreement, may be enforced at law or in equity by residents, occupants or owners acting individually, jointly or through an organization designated in the plan to act on their behalf; provided, that no provisions of the plan shall be implied to exist in favor of residents, occupants or owners except as to those portions of the plan which have been fully approved.

(c) All those provisions of the plan authorized to be enforced by the Town may be modified, removed or released by the Town, subject to the following: