For the purposes of this chapter:

BASE DENSITY: The maximum number of residential units per acre of developable land in the PUD that could be achieved, without a density bonus, by conventional development of the property in the zone within which the PUD is proposed to be applied.

BONUS DENSITY: The maximum number of residential units per acre of developable land within the PUD allowed when the project complies with the bonus density design requirements of this chapter.

COMMON AREA: All land, buildings or structures intended or reserved for the common use of the residents and owners of the planned unit development.

DEVELOPABLE LAND: Land under thirty percent (30%) slope which can effectively be used in conjunction with landscaping, recreational facilities, buildings, or parking. Land devoted to street usage (the right of way for public streets and the area from back of curb to back of curb for private streets) shall not be considered developable land, and must be subtracted out of the total acreage before the density calculation is made. (Access aisles in parking lots and driveways shall not be considered private streets for purposes of this definition.)

DRIVEWAY: A paved area used for ingress or egress of vehicles, and allowing access from a street to one building, structure, or facility.

GROSS ACREAGE: The total amount of land in a PUD development.

NET ACREAGE: The total amount of land in a PUD development excluding rights of way or roads.

PARKING LOT: A paved open area, other than a street or alley, used for the parking of more than four (4) automobiles whether for free, or for compensation. Parking spaces, within a parking lot, shall not be provided within a required front yard or side yard adjacent to the street on a corner lot.

PARKING LOT AISLE: The traveled way by which cars enter and depart parking spaces. Aisle width standards are set forth in SMC 17.24.020 of this title. Parking aisles shall not be considered streets for purposes of this chapter.

PLANNED UNIT DEVELOPMENT: A PUD is a master planned, architecturally designed development in which the regulations of the underlying zone, in which the development is situated, may be negotiated and modified to allow flexibility and initiative in site and building design and location, in accordance with an approved PUD plan and requirements of this chapter.

Uses permitted in the planned unit development overlay (PUD) zone shall be limited to those listed as permitted uses by the provisions of the underlying zone with which the PUD zone has been combined, except as follows:

1. In single-family zones, dwelling units may be clustered in common wall construction with a maximum of two (2) consecutively attached units. Such buildings shall be single-story construction with no units being placed above another. Accessory apartments may only be established in PUDs if they have been individually approved as part of the final plan.
2. In multiple-family zones, dwelling units may be clustered in common wall construction with a maximum of six (6) consecutively attached units. Such buildings may be single-story or two-story construction, however, no units may be placed above another.
3. Accessory uses may be included in planned unit developments to provide necessary services to the occupants of the development as determined by the planning commission; provided that agreements and restrictive covenants controlling the proposed uses, ownership, characteristics and design are filed by and entered into by the developer and approved by the planning commission and city council to assure that the approved necessary services are maintained.
4. In a residential zone a PUD may provide offices and professional service uses in a planned environment. Where a PUD proposes a mix of residential and office uses, the planning commission and city council should make the following findings as part of the approved preliminary and final PUD plan:
   1. The proposed PUD will provide a pleasant and attractive environment in which the relationship of land uses is properly planned to assure a harmonious development;
   2. The proposed PUD will create no detriment to adjacent properties or to the general area in which it is located; and that it will be in harmony with the characteristics of the community and the existing development in the area; and
   3. The proposed PUD will provide for the efficient utilization of land and the open space in reasonable proportion to residential densities and the intensity of office and professional service uses.
5. In considering nonresidential land uses as part of a residential PUD plan, the planning commission and city council shall address the following:
   1. Size Of Project: The proposed PUD must propose a minimum of fifty (50) units and be at least forty (40) acres in order for the planning commission and city council to consider office and professional service uses as part of the PUD plan. Office and professional service uses shall not occupy more than ten percent (10%) of the PUD project site.
   2. Architecture: The proposed nonresidential structures should be complementary to the surrounding and historic architecture in terms of scale, massing, roof shape, exterior materials, etc. New buildings should not create large bulky masses, but should be scaled down into groupings of smaller attached structures.
   3. Building Height: Buildings should be limited to two (2) stories or thirty five feet (35').
   4. Parking: Large expanses of asphalt should be reduced and broken into smaller parking lots. Parking lots should include ample landscaping to buffer cars from neighboring properties.
   5. Access: Adequate vehicular and pedestrian access must be provided. Access from an arterial or collector street to the office and professional service uses must be provided. A traffic impact study shall be required, as part of the preliminary PUD plan, to project auto and truck traffic generated by the uses proposed. The traffic impact study must be prepared by a licensed professional engineer qualified to conduct such studies. The traffic study shall include an analysis of on site circulation, capacities of existing streets, number of additional trips which will be generated, origin/destination studies and peak traffic generation movements.
   6. Rooflines: Flat or low pitched roofs should be avoided and rooflines should blend in with surrounding and historic buildings.
   7. Materials: New buildings should blend with the materials of surrounding and historic buildings.
   8. Signage: Signage for the nonresidential buildings should be part of a coordinated signage system for the entire PUD project. Signage should help unify the project and provide a positive image. Natural materials such as wood, stone, rock, and metal with external illumination are encouraged. All freestanding signs shall be monument signs not to exceed a height of six feet (6').
   9. Lighting: All outdoor lighting shall conform to SMC 9.24, "Outdoor Lighting", of this code.
   10. Buffers: A buffer between residential and nonresidential uses within and adjacent to the PUD shall be a minimum of at least sixty feet (60'). Said buffer may include open space areas, pedestrian trails and landscaped areas and may be counted toward the base open space requirement for the PUD project.
       

1. Variations: Upon combining the PUD overlay zone with an appropriate existing zone, variations from the development standards of the underlying zone may be permitted by the planning commission and city council provided the variations are specifically adopted by the planning commission and city council as part of the approved PUD plans. Variations, however, shall not include changes in the uses allowed by the zone with which the PUD zone has been combined, except as provided for in SMC 17.88.050 of this chapter. Variations in yard setbacks from streets in residential areas as established in this chapter for PUDs shall not be permitted.
2. Approval Of Variations: The planning commission and city council may, in the process of approving preliminary or final PUD plans, approve the variations from the minimum standards of the underlying zone where there is sufficient evidence that the variations will not adversely affect neighboring property.
3. Yard Setbacks: In residential PUDs where individual lot lines exist, the minimum front yard setback for the main entrance shall be twenty feet (20') from the property line. The minimum setback from the garage, shall be twenty-five feet (25’) from the property line. On corner lots, the lesser of the two (2) front yards shall be a minimum of twenty feet (20') and the combination of the two together shall total a minimum of forty feet (40') The minimum side yard setback shall be six feet (6') with a minimum distance between buildings being fifteen feet (15'). The minimum rear yard shall be twenty feet (20') except when adjacent to a single-family residential zone that is situated outside a PUD overlay zone in which case the minimum rear yard shall be thirty feet (30').
4. Common Area Yard Setbacks: In residential PUDs where buildings are located in areas designated as "common area" the side to side separation between residential structures shall be fifteen feet (15'). The minimum side to front, side to rear separation between residential structures shall be thirty feet (30'). The minimum front to rear and rear to rear separation shall be forty feet (40'). The minimum front to front separation between residential structures shall be fifty feet (50'). The minimum rear yard when adjacent to a single-family residential zone that is situated outside a PUD overlay zone shall be thirty feet (30').
5. Base Density: The base density of a PUD shall be based on the density of the underlying zone. If the PUD is located in more than one residential zone, the total number of units for the PUD is calculated by adding up the number of units allowed by each zone, with the applicable density bonus. However, the dwelling units may be placed without regard to zone boundaries.
6. Density Analysis: When topography would dictate a lower density than the base residential density of the underlying zone, a density analysis, specific to the site, shall determine the base density for the PUD.
7. Density Bonus: The inclusion of certain amenities or design options may result in an allowed increase in density, referred to as a density bonus. The total density bonus shall not exceed fifty percent (50%). An example of the base residential density and the maximum fifty percent (50%) density bonus is as follows:

   Zone	Base Density	Density With 50 Percent Bonus
   RA-1	1 unit per acre	1.5 units per acre
   RA-2	0.5 units per acre	0.75 units per acre
   R-1-10	3.5 units per acre	5.25 units per acre
   R-1-12	3 units per acre	4.5 units per acre
   R-1-20	2 units per acre	3 units per acre
   RM	10 units per acre	15 units per acre

8. Density Bonus And Incentives: The city council, upon recommendation of the planning commission, may determine the density bonus upon the city council's acceptance of the design options, as set forth below. The actual bonus awarded for each incentive shall be reflective of the effort made by the developer to meet the intent of the incentive and shall be determined by the city council.
   
   

   Density Bonus/  Incentives	Design Options
   Additional open space - up to a maximum 10 percent bonus	Developments which provide greater than the required base open space, shall be awarded a 1 percent bonus for each 1 percent of the total project area in common open space.
   Provision of recreation and site amenities - up to a maximum 10 percent bonus	Density bonus may be awarded for the provision of major recreation facilities and site amenities such as swimming pools, tennis courts, playgrounds, or similar facilities.
   Parking - up to a maximum 10 percent bonus	Density bonus may be awarded for the following covered and enclosed parking structures:
   	Detached garages - 5 percent
   	Detached carports - 3 percent
   	Attached single car garage - 5 percent
   	Attached double car garage - 10 percent
   	Attached carport - 3 percent
   	Garages designed within the primary building - 10 percent
   Exterior building materials - up to a maximum 10 percent bonus	Masonry - Brick or stone. For every 10 percent of the total building surface of primary and accessory buildings which are finished with masonry, a 1 percent density bonus will be granted. Stucco - A density bonus of 4 percent will be granted if entire building surface is stucco. Allowances for a combination of masonry and stucco will be determined on individual basis.
   Pedestrian and bicycle circulation - up to a maximum 5 percent bonus	In addition to sidewalks required along public streets, pedestrian and bicycle trails provided in conjunction with the development's open space network may receive a 5 percent density bonus.
   Fencing up - to a maximum 5 percent bonus	All perimeter fencing shall be uniform in design including architecturally designed brick or masonry, vinyl with brick or stone columns, solid or semiprivate vinyl fencing, and open fencing such as vinyl rail or wrought iron may be used in conjunction with landscaping.

1. PUDs shall provide a minimum open area for residents and/or occupants of such development. The required base open space shall be areas that are not occupied by buildings, structures, parking areas or streets.
2. Required "base" open space areas shall be contiguous, not a collection of remnants. Such areas shall include:
   1. Open space shall be land areas that are not occupied by buildings, structures, parking areas (including private driveways), streets or alleys. Said open space shall be devoted to landscaping, preservation of natural features, uncovered patios, open pavilions, and recreational areas.
   2. Streetscape improvements including those along public streets that are incorporated into the design of the PUD and which are maintained by the homeowners' association.
   3. Areas with natural features worthy of preservation, which are not buildable, such as canyons or slopes, ridgelines, wetlands, stream or creek corridors, utility corridors, wildlife habitat, geologically sensitive areas, and significant views and vistas. Utility corridors shall only be counted toward the open space requirement if improved as an accessible amenity to the project or the community as a whole.
   4. The base open space requirement for each zone shall be as follows:
      

   Zone	Base Open Space
   RA-1, RA-2	60 percent
   R-1-20, R-1-12, R-1-10, RM	50 percent
   CC, CG, M-1	25 percent

3. At least fifty percent (50%) of the required open space shall be designated for use as common open space for common enjoyment and use for all users of the development. Private open space (that provided for each dwelling unit or business for personal use) shall be located immediately adjacent to, attached to, or within the dwelling unit or business it is designed to serve and shall be for the exclusive use of the residents or tenants of that building. Decks attached to individual units may not be calculated as part of the required common open space.
4. The base open space requirement in any residential zone may be reduced five percent (5%) if all of the following conditions are met:
   1. No additional density beyond the base in the zone is requested;
   2. The street cross section provides amenities which allow for more landscaping and better separation of pedestrian and vehicular traffic (beyond the typical public street); and
   3. The common open space provided shall be integrated into the PUD project and accessible to all residents of the PUD community via pedestrian corridors or via enhanced pedestrian systems, which minimize the need to cross streets.
5. The base open space requirement in the single-family residential zones may be reduced to thirty five percent (35%) for PUDs where all of the dwelling units are detached, single-family structures with attached double car garages.
6. The following criteria should be considered when granting a density bonus for additional open space as described in SMC 17.88.060 of this chapter:
   1. The open space should be held in common via public ownership or by a homeowners' association with a permanent open space easement;
   2. The open space should be large enough for the use of all residents of the project or the general public. Such spaces should include improvements such as playgrounds, pathways, pavilions, play courts, ball fields, as well as informal spaces which encourage the use and enjoyment of the open space. Such areas may include lands, which are buildable, such as prominent ridgelines, views and vistas, and areas of significant native vegetation.
7. The planning commission and city council shall decide and require the preservation, maintenance and ownership of all open space through one, or a combination of the following:
   1. Dedication of the land as a public park or parkway system;
   2. Dedication of the land as permanent open space on the recorded plat; or
   3. Granting the city a permanent open space easement on the open spaces to guarantee that the open spaces remain perpetually in recreation use, with ownership and maintenance being the responsibility of a homeowners' association.
8. In the event the common open space and other facilities are not maintained in a manner consistent with the approved final PUD plan, the city may at its option cause such maintenance to be performed and assess the costs to the affected property owners or responsible association, as provided in SMC 17.88.140 of this chapter.
9. Any changes in use, or arrangement of lots, blocks, and building tracts, or any changes in the provision or type of common open spaces must be submitted for review and approval by the city council upon recommendation of the planning commission.

1. The design of public streets within a PUD shall follow the applicable standards adopted by the city for width of right of way and construction including an optional fifty foot (50') PUD right of way which may only be allowed at the discretion of the planning commission and city council. Public streets shall not terminate in a dead end, but shall terminate in a cul-de-sac with a minimum curb radius of forty three feet (43') or thirty five feet (35') in the case of the optional fifty foot (50') PUD street right of way.


2. Points of primary vehicular access to a PUD shall be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and bicycle traffic. Points of intersection between internal and external circulation systems shall be so arranged that both systems function in a safe and efficient manner.
3. The required off street parking shall be distributed throughout the PUD and provide reasonable access to all residential structures within the project. The required number of off street parking stalls shall be in conformance with SMC 17.24 of this title. The city council may require off street parking or vehicle storage areas beyond those stated in  SMC 17.24 of this title if in the opinion of the city council a reasonable need exists.
4. Individual private parking stalls and parking structures shall avoid direct access to public streets classified as collector and above in the Smithfield transportation master plan. Driveways serving three (3) units or more may be allowed to access such streets, provided they are located a minimum of three hundred feet (300') from another driveway, or public street when measured from the centerline of the driveway to the centerline of another driveway or street.
5. Within residential zones, PUDs should incorporate walking and biking trails and pathways for the use and enjoyment of residents. These trails and pathways may vary in width from five (5) to ten feet (10') depending on their intended use. Consideration shall be given for their connectivity or inclusion into the citywide network of trails identified in the city's general plan. Where appropriate, equal consideration for trails and pathways shall be given within nonresidential zones.

Preliminary site and landscape plans will be submitted and reviewed concurrently with a rezone request. The Planning Commission shall review the preliminary plan and rezone with any attached conditions and forward said plans to the City Council with their recommendation. The City Council will review the plans and determine whether they are approved or disapproved. The City Council may not approve an application for rezone to any of these zones unless a preliminary plat for property being rezoned has already been approved on condition of successful rezone.

The subdivision submittals and review shall follow the procedures outlined in SMC 16, “Subdivision Regulations.”

1. Preliminary PUD plan(s) shall be submitted to the planning commission for consideration. Said preliminary PUD plan shall contain the following information:
   1. A complete and accurate legal description of the property which is the subject of the planned unit development. A preliminary title search showing legal ownership of the property. If the developer is not the property owner, written proof that said developer has sufficient legal claim on the property, and each parcel therein, or authority to represent its owners, must be provided to proceed with development plans;
   2. Topographic maps of the entire site, including contour intervals no greater than two feet (2');
   3. A tabulation of the total acreage of the site and the percentages thereof to be designated for various uses, i.e., parking, buildings, residential units, open space, streets, etc.;
   4. Proposed circulation pattern including private driveways, public streets, and pedestrian and bicycle paths;
   5. Parks, common open spaces, playgrounds, school sites, and other public or private recreation facilities and improvements proposed within the PUD;
   6. General locations of all buildings including dwellings and other structures in the planned unit development. For residential planned unit developments, an indication of proposed population densities and building densities (units per acre), including tables or graphs showing the percentages of each dwelling type proposed;
   7. Proposed location of parking, ingress and egress;
   8. A general landscaping plan showing what areas are to be landscaped and what types of plants and materials are contemplated;
   9. Preliminary elevations or perspectives of all building types proposed within the development;
   10. If the site is being divided, the information required to be included in a preliminary subdivision plat showing a general layout of all proposed lots as outlined in SMC 16 of this code. Provided all required preliminary subdivision plat information is included, the preliminary PUD plan approval shall also be deemed as approval of the preliminary subdivision plat;
   11. A preliminary public utility plan showing the manner in which adequate sewage disposal, storm drainage, and water services are to be provided, including the point from which said services are to be extended or connected; and
   12. A geotechnical report if deemed necessary by the city council or planning commission.
2. The planning commission may impose such conditions on a preliminary PUD plan as it may deem appropriate to meet the purpose of this chapter and the goals and objectives of the general plan.

1. Following the approval of the preliminary PUD plan and prior to the construction of any building or structure in the PUD overlay zone, a final PUD plan shall be submitted for consideration by the planning commission and city council. Final plans may be submitted in phases, provided each phase can exist as a separate project capable of independently meeting all of the requirements of this chapter and of the underlying zone with which the PUD zone has been combined. The separate development of said phases shall not be detrimental to the PUD nor to the adjacent properties in the event the remainder of the project is not completed. The final PUD plan shall be drawn to scale and shall contain the following information:
   1. All of those requirements designated for submission with preliminary PUD plans;
   2. A certified survey of the property showing any survey conflicts with adjoining properties, any discrepancies between the survey descriptions and existing fence lines, and overlaps with adjoining property descriptions;
   3. Tabulations of all dwelling units to be constructed by types and the anticipated number of bedrooms per unit;
   4. Detailed development plan with completed dimensions showing locations of all buildings and structures, lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern including proposed ownership and typical cross section of streets;
   5. Final exterior design for all building types presented as exterior perspectives or exterior elevations;
   6. Detailed landscaping plans showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler irrigation systems;
   7. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress;
   8. Detailed engineering plans showing site grading, street improvements, drainage, and public and private utility locations, and submission of engineering feasibility studies, stamped by a licensed professional engineer, if required by the city engineer;
   9. Fully executed declaration of covenants, conditions, and restrictions (CC&Rs), together with open space easements and other guarantees, or agreements as required herein or, as may have been recommended by the planning commission and deemed necessary by the city council to meet the objectives of this chapter;
   10. A time schedule for the completion of landscaping, parking, street improvements and other improvements and amenities which are guaranteed by bonds or other securities; and
   11. An acknowledgment that all water distribution and sewage collection main lines are the property and responsibility of the city. All storm sewer lines and appurtenances are the property and responsibility of the city, except landscaped areas that have been established and set aside for stormwater retention or detention which shall be the responsibility of the PUD.
2. Any failure to receive final PUD plan approval from the city council within two (2) years of the approval of the preliminary PUD plan shall terminate all proceedings and render the preliminary PUD plan null and void.

1. Adequate guarantees shall be provided for permanent retention and maintenance of all open space areas (which, for purposes of this title, shall include all common areas and facilities and/or limited common areas) created within a PUD. Final plan approval will not be granted until all required guarantees have been submitted to and approved by the planning commission. Said open space guarantees may include the following:
   1. The city may require the developer to include with the recorded covenants, conditions and restrictions (CC&Rs) language which will guarantee the retention of the open land area(s) and which grants beneficial use rights in the open space area(s) to all owners or occupants of the land within the PUD, or the city may require the creation of a corporation or other entity, to own title to the open space area(s) and to grant beneficial use rights in the open space area(s) to all owners or occupants of land within the development.
   2. The developer shall be required to develop and provide for the maintenance of all open space area(s), unless part of or all of the open space area(s) are contiguous to and are made a part of an existing public park, and the city accepts dedication and approves the annexation of the open space area(s) to said public park.
   3. In the case of private ownership of open space area(s), the open space area(s) to be reserved shall be protected against building development by conveying to the city as part of the condition of project approval, an open space easement over such open space area(s), restricting the area(s) against any future building or use, except as approved on the project plan.
   4. The care and maintenance of the area(s) within such open space shall be ensured by the developer by establishing a private association, corporation, or other entity responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the PUD. Ownership and tax liability of private open space area(s) shall be established in a manner acceptable to the city and made a part of the conditions of the final plan approval.
   5. Maintenance of open space area(s) shall be managed by a person or persons, a partnership, a corporation or other entity in which there is adequate expertise and experience in property management to assure the maintenance is accomplished efficiently and at a high standard of quality.
   6. The following provisions shall apply to each PUD for which the developer establishes a private association, corporation, or other entity (hereafter "homeowners' association" or "HOA") which holds the title to and is responsible for open space area(s) and the associated maintenance and costs. The HOA shall be formed and operated under the following or reasonably similar provisions:
      1. The developer shall provide covenants, conditions and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for maintaining the open space area(s). The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to filing the final plat. The CC&Rs will be recorded at the county recorder's office concurrently with the filing of the final plat.
      2. The HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development.
      3. Membership in the HOA shall be automatic (mandatory) for all purchasers of homes, lots or other property interests in the PUD and their successors. The conditions and timing of transferring control of the HOA from developer to homeowners shall be identified in the CC&Rs.
      4. The HOA shall be responsible for maintenance of insurance and taxes on open space area(s).
      5. The members of the HOA shall share equitably the costs of maintaining and developing all open space area(s). Fees shall be determined by the HOA and assessed and deposited in an appropriate HOA account.
      6. The developer of the subdivision shall endow the HOA with funds equivalent to ten percent (10%) of the development cost for all common improvements, which shall be used by the HOA to operate, maintain and insure the HOA for the first year that the association begins to operate independently of the developer, unless other appropriate funding is supplied by the developer and approved by the city. Funds shall be deposited in the HOA account in the name of the HOA within ten (10) days after the day on which the HOA begins to operate independently of the developer.
      7. All improvements to the open space area(s) held in common or intended to be held in common by the HOA shall be installed, completed and accepted prior to the beginning of the second phase of construction or eighteen (18) months after completion of the public improvements in the first phase of the PUD, whichever date occurs first; or if the project is not phased, prior to sale of all lots or eighteen (18) months after completion of the public improvements in the PUD, whichever date occurs first. If phasing of the improvements to the open space area(s) is required by the developer, all incomplete improvements for the open space area(s) shall be secured through a bond posted by the developer, in the same manner as set forth in SMC 16.22 of this code.
      8. The HOA shall have a qualified person or persons or shall hire a qualified property manager or company to administer and maintain all open space area(s).
      9. Upon application by the developer, with the recommendation of the planning commission and the permission of the city council, an HOA may transfer title to the open space area(s), and/or its maintenance responsibilities, to a private nonprofit organization, among whose purposes it is to conserve undivided land, such as the open space area(s); provided that:
         1. The organization is acceptable to the planning commission and the city council, and is a bona fide conservation organization with perpetual existence;
         2. The conveyance contains appropriate provision for proper reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying out its functions; and
         3. A maintenance agreement acceptable to the planning commission and the city council is entered into by the developer and the organization.
      10. The following notation shall be recorded on the face of the final plat:
          Smithfield City shall have the right, but not the duty, to require, and if necessary, perform or cause to be performed, at the expense of the owner of the open space and other private area(s), including clubhouse, pool and other recreation facilities, (HOA, hereafter), all landscaping, snow removal, and other upkeep and maintenance services, as applicable, within the open space area(s), if the HOA fails adequately to perform such tasks. The city may take these actions when asked to assume responsibility for such upkeep and maintenance tasks by the HOA and the city council may also take such actions when it determines the need based on a pattern of neglect and lack of maintenance and after meeting the procedures outlined in the Covenants, Conditions and Restrictions (CC&Rs), recorded concurrently with this final plat. In the event Smithfield City exercises this right, the city shall be entitled to assess and collect the necessary HOA fees and recover any associated costs and attorney fees. This notation shall not be amended or deleted without the approval of Smithfield City.
   7. The HOA or other owner of the open space area(s) shall be responsible for the assessment and collection of all funds required for the operation and maintenance of the open space area(s) and the physical improvements to the open space area(s).
   8. In the event that the HOA, or any successor entity, at any time after establishment of the PUD, shall fail to maintain the open space area(s) in reasonable order and condition in accordance with the development plan and customary practices for the type of real property and improvements involved, or if the city shall receive notice of three (3) complaints concerning upkeep of the open space area(s) or structures from members of the HOA, or notice of insurance default on any portion of the property in which the HOA has secured an insurance policy, the HOA shall be deemed in default of the CC&Rs and the CC&Rs shall provide for the city to serve written notice upon the agent or officer of the HOA or upon the members of the HOA, setting forth the manner in which the HOA has failed to maintain the open space area(s) and directing the HOA to cure the failure. In the event the HOA fails to remedy the failure to maintain the open space area(s) and improvements, within thirty (30) days after the date of the notice, the city shall have the authority to assume the position of the HOA and its board of trustees for the purposes of assessing and collecting the funds necessary from the members of the HOA to either perform the necessary upkeep and maintenance services and be reimbursed for all expenses incurred, including reasonable attorney fees and costs, or to hire a private property management company to do so, and to take all other actions necessary and required to maintain said open space area(s), at the expense of the HOA and its members.
2. In order to ensure that the PUD will be constructed to completion in an acceptable manner, the applicant (owner) shall post a performance bond in compliance with SMC 16.22 of this code.
3. Any changes, modifications, or amendments to the approved CC&Rs which may alter the intended function, allowances, or restrictions of the PUD may only be made with the approval of the Smithfield City council. Language shall be placed within the body of the CC&Rs reflecting this requirement.

In case of failure or neglect to comply with any and all of the conditions and regulations herein established, and as specifically made applicable to a PUD, such failure or neglect shall be cause for termination of the approval of the project. Failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter.

The approved PUD rezone directly corresponds to the approved preliminary plan(s). If said plan(s) are altered, modified or unused, another rezone must be completed using the standard rezone process. Changes to the approved plans which will prompt a rezone by the city include the following: plans which change the number or size of any new lot(s), the calculations of density bonuses, the location of approved amenities and any conditions set by the Planning Commission or City Council.