1409 Preliminary Development Plan Review

1. All PUD preliminary development plans shall be reviewed under the zoning amendment process as set forth in Chapter 4 of this Code. 2. In addition to the information required in Chapter 4 of this Code, the following information is required: a. If land encompassed within a proposed PUD is to be platted, re-platted or subdivided, all material for review under Chapter 12 of the Town Code is also required. Subdivision review under Chapter 12 shall be carried out simultaneously with the review of a PUD. b. Proposed declarations of covenants, conditions and restrictions, articles of owners, associations and all other such documents as the Town may deem necessary, detailed in Section 1402. Such form and containing such provisions as will ensure: i. That adequate property control is provided to protect the individual owner's rights and property values; and ii. To ensure continuing compliance with the PUD, as approved. c. The Town shall require that declarations of covenants, conditions and restrictions, or other documents provide that in the event any association or corporation fails to maintain properties in accordance with the applicable ordinances and regulations of the Town or fails to pay taxes or assessments on properties as they become due, and in the event the Town incurs any expenses in enforcing its ordinances or rules and regulations, which expenses are not immediately reimbursed by the association or corporation, the Town shall have the right to assess each property its pro rata share of such expenses. The assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 3. Findings for Approval The findings necessary for approval of a PUD application shall be as follows: a. The proposed development conforms with the goals and objectives of the Town’s General Plan and any applicable redevelopment plans; b. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries; c. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development; d. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or are proposed to serve the development; e. The development will not have undue adverse impact on the natural environment, and the is designed to promote and protect natural vegetation and area wildlife; f. The development will not have undue adverse impacts on neighboring properties; g. h. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. 4. Response to the PUD preliminary plan The Preliminary Plan shall be reviewed and processed in accordance with Section 1401. Within 20 days of receiving a completed PUD preliminary plan application, the Administrator shall produce a written response to the application that may include comments and/or recommendations. A PUD application may proceed only after a response has been submitted to the applicant. This timeline may be altered as a result of extenuating circumstances beyond the Town’s control. 5. Limitation on preliminary development plan approval The Town Council's approval of a PUD preliminary development plan shall expire unless: a. Construction has commenced or an application for final plat has been filed within one year of the date the Town Council approves the PUD preliminary development plan, or b. Construction has commenced or an application for final plat has been filed within two (2) years of the date that the Town Council approves the corresponding final plat for the first stage or the entire boundary of the PUD preliminary development plan, or c. The applicant files a written request for an extension with the Planning Commission at least 14 days prior to expiration of Council approval. Upon receipt of said request the following process shall be carried out: i. The Planning Commission shall place the applicant's request on the agenda of a regularly scheduled Council meeting to be held within 30 days of the filing of the extension request; ii. The Council at its discretion may grant the extension for not more than one (1) year if such extension is demonstrated to be necessary. One (1) such extension may be made. 6. Site improvements A grading permit may be issued at any time following the Town Council's approval of the PUD Development Plan.