All planned unit developments must comply with the standards of title 9 (zoning) of this code and chapter 5 of this title, in addition to the requirements set forth in this chapter. PUDs within the area of city impact shall comply with any additional requirements set forth in the applicable area of city impact ordinance.
The PUD applicant accepts the requirements of this chapter voluntarily and understands that they are free to apply for a development permit under other standards of this code. The burden of proof to demonstrate superior design, as well as compliance with all applicable standards of evaluation, always rests with the applicant.
A. Gross Land Area: PUD will include a gross land area of at least five (5) acres.
B. Open Space:
1. Minimum Area: A portion of the PUD's eligible acreage shall be reserved for common open space or land dedicated to public use. Public utility and similar easements are not acceptable for common open space unless it is usable for recreation purposes by the owners. The developer may retain ownership of all other land within the PUD from which density is transferred in R-5, R-10 and A-20 zones only. The following minimum percentage of the PUD's eligible gross acreage shall be reserved for common open space or land dedicated to public use.
a. Twenty percent (20%) minimum for lands in the R-21/2, R-2, R-1, R-.4, and R-1/4 zoning districts;
b. Thirty percent (30%) minimum for lands in the R-5 and R-10 zoning districts;
c. Fifty percent (50%) minimum for lands in the TDR receiving area in the A-20 zoning district.
2. Design: Common open spaces in the development should:
a. Be useful to the residents for open space, recreation or other amenities;
b. Be integrated, rather than existing as unrelated, isolated fragments.
3. Maintenance Responsibility: The owner/developer is required to maintain common open space and facilities until sixty percent (60%) of the proposed lots have been sold. Maintenance responsibility after this has occurred must be specified by the developer before the final development plan may be approved.
a. Failure To Maintain Adequately:
(1) Deficiencies: In the event that the owner or homeowners' association shall at any time after establishment of the basic PUD fail to maintain the common open space in reasonable order and condition in accordance with the final development plan, the county may serve written notice upon such individual or organization documenting the reasons for which maintenance has been judged unsatisfactory, itemizing means by which deficiencies can be rectified and the deadlines for doing so. Said notice shall also state the date and place of a hearing concerning this matter.
(2) Maintenance By County: After the hearing, the county may modify the terms of the original notice, and/or extend deadlines specified. If the deficiencies cited originally or as modified by the hearing are not rectified within thirty (30) days of the final deadline, the county may maintain the common open space for a period of one year in order to preserve the taxable values of the properties within the basic PUD.
(3) Tax Lien: The cost of such maintenance shall be assessed ratably against the properties within the basic PUD, and shall become a tax lien on such properties. Said entry and maintenance shall not vest in the public any rights to use the common open space beyond those voluntarily dedicated by the owners.
(4) Continued Maintenance: Before the expiration of said year, the county shall hold a public hearing, after giving notice to the owners, to determine whether the county shall continue its maintenance role through private assessment or whether the owner or homeowners' association can resume its responsibilities as enumerated in the final development plan.
C. Bond For Construction: The developer shall be required to provide a surety bond, cash deposit, certified check, negotiable bond or other acceptable financial guarantee in the amount of one hundred fifty percent (150%) of estimated construction costs of improvements for open space area. This cost shall be provided by the project engineer and checked by the county engineer. If the prosecuting attorney finds the bond acceptable, it shall be filed with the county recorder. If the improvements are completed in accordance with the approved plan, the bond shall be released. Bonds must be renegotiated every two (2) years as long as those bonded improvements are not completed.
D. Superior Design Elements: The board may approve waivers of base district standards if it determines that such waivers are warranted by the following superior design elements incorporated into any PUD:
1. Water conservation techniques and strategies that significantly decrease domestic and irrigation water use below Idaho's domestic exception limits as identified in a water plan;
2. Any important on site wildlife migration corridors and habitat shall be permanently protected to the greatest extent practicable;
3. Architectural and subdivision design that ensures solar access and encourages utilization of solar energy and other renewable energy resources;
4. Consolidation or alteration of road design to reduce access points and improve the safety of adjacent and established roads or trail systems;
5. Reduced impacts on road systems through the provision of bike and pedestrian right of way between adjoining developments and main transportation corridors;
6. If applicable, public access to public lands;
7. Use of natural and planted vegetation to landscape and buffer rights of way and public spaces internally and from adjacent uses.
However, the following standards shall not be subject to modification or waiver:
1. Floodplain regulations and riparian setbacks (title 9, chapter 17 of this code).
2. Wetlands setbacks (title 9, chapter 19 of this code).
3. Wildlife protection regulations (title 9, chapter 20 of this code).
4. Hillside regulations (title 9, chapter 21 of this code).
5. Avalanche (title 9, chapter 22 of this code).
Applicants requesting waivers to other standards listed under this code beyond lot size, lot dimensions or road width must also satisfy the superior design elements and public benefits listed in section 10-6-8 of this chapter. (Ord. 2009-06, 8-26-2009)