(A) Purpose and intent. The purpose of this section is to provide for the modification of certain regulations under a flexible regulatory process as compared to the more rigid development regulations common to traditional zoning districts when it can be demonstrated that such modification would result in a high quality development that would preserve or create features or facilities of benefit to the community, such as, but not limited to open space, or active recreational facilities or preserving natural resources, which features or facilities would not have been provided if no regulations were modified. These features or facilities would be compatible with surrounding development, and would conform to the goals and policies of the Comprehensive Plan. Throughout this section, PUD shall mean the same as “Planned Unit Development.”
(B) Benefit to the public intended. PUDs are intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility serves and encourage innovation in the planning and building of all types of development. Planned unit developments shall demonstrate at least one benefit to the pubic, including but not limited to the following. The applicant bears the burden of demonstrating that one or more pubic benefits exist:
(1) Innovations in residential development that:
(a) Proactively and tangibly address the demand for housing for all economic levels;
(b) Provide greater variety in tenure, type, design, and siting of dwellings;
(c) Provide for the creation of affordable housing units through an efficient use of land resulting in smaller networks of utilities and streets, thereby lowering housing costs and public investments, except that tangible plans to maintain dwelling unit affordability provided one or more additional public benefits are found to exist.
(2) The reestablishment, preservation and/or enhancement of desirable site characteristics such as natural topographic and geologic features.
(3) A variety of housing types/densities together with preservation of open space/natural features within one development.
(4) The creation of active and/or passive recreational opportunities and/or facilities that would not have been provided if no regulations were modified.
(5) A more desirable environment than would be possible through the application of zoning and subdivision regulations of the city.
(C) Types of planned unit developments – where permitted.
(1) Two types of planned unit developments are hereby established subject to the use regulations of the zone in which the PUD is proposed to be located and provided the standards of division (C)(2) below are achieved:
(a) Single-family PUDs, comprised of detached dwelling units on individual lots, necessary street right-of-way to serve such dwelling units and any common open space, recreational facilities or other areas or facilities.
(b) Non-single family PUDs, comprised of attached dwelling units, detached dwelling units not on individual lots, commercial, retail, office, service, public, quasi-public or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities.
(c) A PUD may comprise both of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located.
(2) Planned unit developments may be located in any zone subject to use regulations; provided, that:
(a) The use(s) permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, permitted accessory uses, conditional uses and interim uses, including overlay and special district regulations;
(b) A PUD for any parcel or tract of land shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable to development:
1. Residential Districts – Five acre minimum.
2. General Business District – Two acre minimum.
3. Central Business District – One acre minimum.
4. Commercial/Industrial District – Five acre minimum.
5. Mixed Use PUD – Five acre minimum.
(c) The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD.
(d) Common open space shall be either held in common ownership by all owners of that specific use in the PUD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose.
(D) General requirements/permitted modifications.
(1) In general. In considering a proposed PUD project, the approval thereof may involve modifications in the regulations, requirements and standards of the zoning district in which the project is located, and in Chapter 151. In modifying such regulations, requirements and standards as they may apply to a PUD project, the standard identified within this division (D)(1) and the limitations set forth in division (D)(2) and (3) shall apply. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this chapter. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirements necessary to make the project conform to the purposes of this chapter.
(a) Front yard setbacks. The requirements for minimum front yard setbacks for the zoning district in which the planned unit development is located shall apply to all exterior boundary lines of the site, except if the proposed use in the PUD adjacent to the exterior property line of the site, is substantially the same use as the existing uses adjacent to the exterior boundary line of the site of the planned unit development.
(b) Distance between buildings. The minimum distance between structures shall be 14 feet.
(c) Building height. Building height shall be governed by the requirements of the underlying zoning district classification as set forth therein.
(d) All permitted, permitted accessory, conditional and interim uses contained in the underlying zoning district shall be treated as permitted, permitted accessory, conditional and interim uses in the PUD overlay district. Uses not listed as permitted, permitted accessory, or conditional or interim in a specific district shall not be allowed in a PUD unless it is found that the use is complementary to the functionality of the development and the other uses found therein.
(e) An increase in density may be permitted to encourage the preservation of natural resources, topography and geological features. Excluded from the calculation shall be areas which would normally not be developable such as waterways or water bodies, wetlands, shorelands, floodplains, steep slopes, hydric soils and the like in addition to areas required for streets, parks, pedestrian facilities, storm water controls and placement of public utilities.
(f) Off-street parking and loading space shall be provided in each PUD in the same ratios for types of building and uses as required in the underlying zoning district. However, the city may reduce the number of parking spaces required provided PUD applicants submit information demonstrating a reduced need for parking facilities (e.g., senior housing complex, PUDs featuring joint parking facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design, and the like).
(g) The streets connecting with any PUD must be of sufficient size and character to accommodate the traffic to be produced by the project. The streets connecting with any PUD shall not significantly alter the character of existing residential neighborhoods. Evaluation of the proposal pursuant to this section shall include consideration of the following criteria:
1. The increase in traffic which will be generated by the development;
2. The present width and condition of streets to be affected;
3. Presence or absence of improved sidewalks and trails;
4. Potential impacts upon the value of surrounding properties;
5. Anticipated effect upon availability of parking;
6. Existence of a particular conflict between vehicular and pedestrian traffic;
7. The street type designated in the Comprehensive Plan.
(h) The city may reduce paved right-of-way width requirements outlined in Chapter 151 for streets contained within the PUD providing:
1. A demonstrated benefit to the public exists that would not exist if not for the reduction of street width; and
2. The City Engineer and city’s emergency service providers (fire, ambulance, and police) review the PUD to determine adequacy of proposed street widths. The city may require total right-of-way widths (including non-paved) to adhere to standards contained within Chapter 151.
(2) Single-family PUDs. Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in division (D)(1):
(a) The minimum lot size and lot width, as required in the underlying zoning district, may be reduced by up to 25% provided that an area, in addition to conventional park dedication requirements, in the amount of 8% of the total site area, shall be preserved for common open space and held in common ownership or dedicated for public use provided the City Council finds the open space is set aside for the following:
1. Common useable open space comprising landscaping and facilities such as but not limited to play areas, trails, picnic tables and benches;
2. Areas containing significant trees as defined by the city;
3. Other non-critical areas, the preservation or creation of which promote one or more goals and/or policies of the Comprehensive Plan;
(3) Non-single-family PUDs. Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning district:
(a) When a PUD containing dwelling units is proposed on property having more than one underlying residential district, zone the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations of that zone.
(b) The city, at its discretion, may allow the number of units arrived at under division(D)(3)(a) above to be located anywhere within the PUD subject to the PUD approval process set forth in this section and provided the city makes a finding of fact that a public benefit resulting from such action is present.
(E) Subdivision requirements. The approval of a preliminary and final plat shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in Chapter 151 shall be followed concurrently herewith. The approved final development plan shall be a binding site plan. A lease of land not involving a residential structure shall be exempt from Chapter 151 if the lease conforms to the final development plan.
(F) Pre-application/informational meeting and concept plan required.
(1) Informal meeting. Prior to filing an application for preliminary PUD plan approval, the applicant of the proposed PUD shall arrange for and attend an informational meeting with city staff. At such conference, the applicant shall be prepared to generally describe the applicant’s proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this chapter before incurring substantial expense in the preparation of detailed plans, surveys, and other data.
(2) Following a pre-application/informational meeting but prior to submitting an application for preliminary plan approval, the applicant for a proposed PUD shall submit to the city a general concept plan for review by city staff and/or the Planning Commission and City Council.
(a) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing the applicant’s basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the informational meeting so that the proposal may be considered at an early stage. The following elements of the proposed general concept plan represent the immediate significant elements which the city shall review and for which a decision shall be rendered:
1. Overall maximum PUD density range.
2. General location of major streets and pedestrian walkways.
3. General location and extent of public and/or common open space.
4. General location of residential and non-residential land uses with approximate intensities of development.
5. Staging and timetable of development.
6. Other special criteria for development.
(G) Preliminary and final PUD plan approval required.
(1) Each PUD shall require preliminary and final plan approval according to the following process.
(a) Preliminary PUD plan review.
1. Process.
A. The applicant for a PUD shall apply for a preliminary plan review. The Planning Commission shall make a recommendation to the City Council to approve or deny the preliminary plan and the City Council shall take final action on the application. City Council approval of the preliminary plan indicates that the applicant can proceed to final plan review. The application for preliminary plan review shall be accompanied by supporting information as listed in this section or as deemed necessary by the city to fully explain the property, the applicant and the proposed development. The application may include further information, as the applicant deems appropriate for the preliminary plan review for the proposed PUD. The city may require additional information depending on the complexity of the proposal.
B. The timeframe for the city action begins at the point of submittal of a complete application for the preliminary PUD plan review. An approved preliminary PUD plan shall expire within one year, if a final plan has not been filed and approved, unless an extension is granted by the City Council.
(b) Final PUD plan review.
1. Process. The applicant shall have secured final plan review approval by the City Council within one year following the date of approval of the preliminary PUD plan review. If application for final plan review is not received within one year, the preliminary plan review will be considered abandoned and a new application for preliminary plan review must be submitted. The City Council shall make a final determination on approval of the final PUD plan review.
(c) Fees. The required application fee shall accompany applications for concept plan, preliminary PUD plan and final PUD plan. The applicant shall pay fees as set forth by the City Council.
(d) Public hearing notices. All preliminary PUD plan applications shall require a public hearing and shall be noticed and processed as follows.
1. After the filing of an preliminary PUD plan application, the city shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing. Notice of proposed preliminary PUD plan shall be mailed to each property owner within 350 feet of the proposed PUD boundary. Upon hearing the request, the Planning Commission shall recommend approval, denial or conditional approval of the preliminary PUD plan and shall state the reasons for its action. The City Council shall consider the recommendation by the Planning Commission shall approve, deny or modify the request for the preliminary PUD plan.
(e) Developers agreements. A developer’s agreement may be executed, at the discretion of the city, reflecting all terms and conditions of the approved PUD plans and financial requirements.
(2) If land subdivision is requested in conjunction with the PUD plan, both preliminary and final PUD plan approvals shall be processed concurrently with the platting procedures set forth in Chapter 151. Required data, parkland/fee-in-lieu of parkland dedication, design standards and required improvements shall be the same as per a conventional subdivision and as set forth within Chapter 151. In addition to the data requirements itemized within Chapter 151 the application shall also include information necessary to process the PUD preliminary and final plan(s) as contained within this section. The city may waive requirements determined to be redundant.
(3) The preliminary plan and the final plan may be combined and together processed through review as a final PUD plan. In addition, the applicant may need to file concurrent rezoning, preliminary plat, or final plat applications in accordance with the procedures set forth in this chapter or Chapter 151.
(H) Phased development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final PUD plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the city to be relevant for comprehensive planning and environmental assessment purposes, together with a conceptual plan of the property’s eventual development through all potential phases shall be submitted with the application for the first phase. The developer is not responsible for providing a conceptual plan for contiguous or nearby property which is not owned or controlled by the developer. The conceptual plan shall conform to the purposes of this chapter and shall be used by the city to review all phases of the development. All phases of the development shall conform to the conceptual plan, all conditions of approval, and applicable regulations.
(I) Preliminary PUD Plan – contents of complete application.
(1) The applicant shall file with the city a preliminary PUD plan (seven large scale copies and fifteen 11x17 copies), which includes the following:
(a) A legal description of the property proposed to be developed;
(b) A map of the subject property and surrounding area determined by the city to be relevant for comprehensive planning, environmental assessment or zoning review purposes, which shall depict comprehensive plan designations, zoning classifications and existing land uses and utility mains/urban facilities including parks and streets;
(c) A proposed site plan for the subject property depicting the following:
1. Topography at two-foot contours.
2. Individual trees over eight inches in trunk diameter measured four feet above the base of the trunk in areas to be developed or otherwise disturbed;
3. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities;
4. If the developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development;
(d) A conceptual landscape plan showing existing and proposed landscaping including groundcover, shrubbery and tree species;
(e) Drawing and/or text showing scale, bulk and architectural character of proposed structures;
(f) For single-family PUDs, a conceptual drawing depicting the number and location of lots which would be allowed if no regulations were modified;
(g) Special features including but not limited to critical areas and sites or structures of historic significance;
(h) Text describing conditions or features which cannot be adequately displayed on maps or drawings;
(i) A narrative stating how the proposed development complies with the goals and policies of the Comprehensive Plan;
(j) A narrative stating how the proposed plan impacts adjacent property owners;
(k) A narrative describing the public benefit of the proposed PUD;
(l) A narrative describing proposed operation/maintenance of the development including open areas, stormwater features and recreational facilities resulting from the subdivision;
(m) If applicable, draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities;
(n) Information normally required within the underlying zoning classification relating to site plan review;
(o) Other information required by the city.
(J) Preliminary PUD plan – criteria for approval.
(1) Preliminary PUD approval shall be granted by the city only if the applicant demonstrates that:
(a) The proposed project shall not be detrimental to present and potential surrounding land use.
(b) Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible.
(c) Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project, in light of the criteria set forth in Chapter 151 and the Comprehensive Plan.
(d) Services including potable water, sanitary sewer and storm drainage are available or can be provided by the development prior to occupancy.
(e) Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
(f) The project conforms with the purposes and standards prescribed in this chapter.
(g) The project conforms to the Comprehensive Plan.
(2) Conformance with the design standards and required improvements as set forth within Chapter 151.
(K) Preliminary PUD plan – minor and major changes to an approved preliminary PUD.
(1) A proposed minor change to an approved preliminary PUD shall be incorporated into the application for final PUD approval, and any notification regarding such final PUD approval shall describe the proposed minor change(s). A MINOR CHANGE means any departure from the conditions of preliminary approval which is not a “major change” and includes but is not limited to the following:
(a) Reductions to the number of dwelling units in a structure;
(b) Reductions to the number of residential dwelling units;
(c) Reductions to the number of nonresidential structures;
(d) Revisions to heights of structures;
(e) Revisions to location of internal roads;
(f) Revisions similar in nature to those above as determined by the city.
(2) A proposed major change to an approved preliminary PUD shall require reapplication for preliminary PUD approval and a public hearing and any notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A MAJOR CHANGE is any departure from the conditions of preliminary PUD approval which would result in any of the following:
(a) Revisions to the approved design concept;
(b) Revisions to the approved use(s);
(c) An increase in the number of residential dwelling units;
(d) An increase in square footage of nonresidential structures;
(e) A decrease in the amount of landscaping, site perimeter buffering, and open space; and
(f) An increase in traffic volumes or change in circulation patterns which impacts surrounding development.
(L) Final PUD plan – contents of complete application.
(1) Within 12 months following the approval of the preliminary PUD, the applicant shall file the final PUD conforming to the approved preliminary PUD. The final PUD shall include the following:
(a) A survey of the property, showing for all areas to be developed or disturbed, existing features, including topography at two-foot contours, buildings, structures, trees over eight inches in trunk diameter measured four feet above the base of the trunk, streets, utility easements, rights-of-way, and existing land uses;
(b) Elevation and perspective drawings of project structures and improvements;
(c) Proposed final association documents, declarations of covenants, conditions and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities, which documents shall be recorded upon final PUD approval;
(d) Proposed final agreements which may have been required as conditions of preliminary PUD approval;
(e) A development schedule;
(f) The following plans and diagrams:
1. An off-street parking plan;
2. A circulation diagram indicating the proposed movement of vehicles and pedestrians within the planned unit development, and to and from existing and programmed thoroughfares; any special engineering features and traffic regulating devices needed to facilitate or ensure the safety of this circulation pattern must be shown;
3. Landscaping and tree planting plan, including site grading;
4. A topographic map or model of the site and surrounding vicinity;
(2) In the event that development standards were submitted and approved as part of the preliminary PUD plan, development standards shall be made binding upon all future owners of the property in a manner acceptable to the city and may be submitted in lieu of elevation and perspective drawings of project improvements.
(M) Final PUD plan – criteria for approval. Final PUD approval shall be granted by the city only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, SUBSTANTIALLY CONFORMS means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design, or development standards or in the site plan, other than the minor changes pursuant to division (K) above.
(N) Final PUD plan – extension of time for filing. For good cause shown, the city, at its discretion, may grant an extension of time of one year for filing the final PUD and required accompanying papers, and may grant additional one-year extensions; provided, however, the city shall have the right to reexamine and update any conditions made to mitigate development impact.
(O) Final PUD plan – failure to file and termination.
(1) In the event the final PUD or any required application and materials are not filed within 12 months following approval of a preliminary PUD, except as provided elsewhere in this chapter or as noted in division (O)(2) below, the approval of the preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect.
(2) When it is determined as part of the preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary PUD approval. In the case of a PUD which includes a subdivision, the final PUD shall be submitted within two years of receiving preliminary approval.
(3) The time period for filing a of final PUD shall not include periods of time during which progress on the final PUD was reasonably halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the city pursuant to this chapter; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary PUD the applicant shall be required to comply with all current building, construction, subdivision and other applicable standards of the city prior to being granted approval of the final PUD; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project.
(P) Final PUD plan – adjustments to approved final PUD.
(1) City staff is authorized to allow adjustments in accordance with division (P)(2) below. City staff shall allow only such adjustments as are consistent with guidelines established in division (P)(2), and in no case shall an adjustment be allowed if it will increase the total amount of floor space authorized in the approved final PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site.
(2) For the purposes of this division (P), ADJUSTMENTS means any departure from the conditions of final PUD approval which complies with the following criteria:
(a) The adjustment maintains the design intent and quality of the original approval;
(b) The amount of landscaping, buffering and open space shall not be reduced;
(c) The number of dwelling units in residential developments and the square footage of structures shall not increase;
(d) The adjustment shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback;
(e) The height of buildings and other structures shall not increase;
(f) Views from both structures on-site and off-site shall not be substantially reduced;
(g) Traffic volumes shall not increase and circulation patterns shall not change;
(h) Changes in colors, plant material and parking lot configurations are minor;
(i) The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents;
(j) City staff determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project.
(Q) Letter of credit required for final PUD plan. No final PUD shall be implemented until the applicant files with the city a letter of credit approved by the city, executed by a surety company authorized to do business in the state, or other equivalent security approved by the City Attorney, in an amount equal to 125% of the estimated cost of all public improvements, utilities and landscaping, conditioned upon the applicant’s completion of such portions of the project according to the submitted final PUD and the provisions of this chapter, and, in addition, providing that no change, extension of time, alteration or addition to the project will in any way affect the obligation on the letter of credit. Such letter of credit shall also be conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation or work is begun and abandoned, and in the determination of the city, it will better serve the public health, welfare and safety to restore the site rather than to require completion of public improvements, utilities and landscaping. If the PUD is also being subdivided, the letter of credit required to be posted by the subdivision of property as per Chapter 151, to the extent that it satisfies the requirements of this section, shall be accepted as full or partial fulfillment of the requirements hereof.
(R) Operating and maintenance requirements for PUD common open space and service facilities.
(1) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard.
(2) Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following:
(a) Landlord control where only use by tenants is anticipated.
(b) Property owners’ association, provided all of the following conditions are met:
1. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, lots, parcel, tract, townhouse, apartment, or area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in Minnesota Statutes shall be filed with the city prior to the filings of the documents with the County Recorder’s Office.
2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, lots, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.
3. The declaration of covenants, conditions and restrictions shall provide that an owners’ association or corporation may be formed and if such an association or corporation is formed, property owners must be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners’ proportionate shares of joint or common costs. This declaration may be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
4. The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city, or fails to pay taxes or assessments on properties as they become due, and in the event the city incurs any expenses not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.
5. Membership in the association must be mandatory for each owner within that neighborhood in the PUD, as determined with the approval of the final PUD, and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it.
6. The open space restrictions must be permanent and not for a given period of years.
7. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs.
8. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.
(3) Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities.
(S) Building permits – certificates of occupancy. The city shall issue building permits for buildings and structures which conform with the approved final PUD and with all other applicable city ordinances and regulations. The city shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final PUD and all other applicable city ordinances and regulations. The construction and development of all the open spaces and public and recreational facilities of each project phase must be completed or bonded before any certificate of occupancy will be issued.
(T) Extension of time for construction. For good cause shown, the city, at its discretion, may grant one extension of time for commencement or continuation of construction subsequent to approval of the final PUD.
(U) Termination of PUD – failure to commence or continue construction.
(1) If construction has not been started within two years from the date of approval of a final PUD with an associated subdivision, or two years from the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided in herein, the authorization granted for the PUD project shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void.
(2) The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of pendency of legal action challenging an approval granted by the city pursuant to this chapter; however, in all cases, when more than two years have elapsed subsequent to the date of approval of a final PUD with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD the applicant shall be required to comply with all current building, construction, subdivision and other applicable standards of the city; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project.
(V) Sale of lots. Lots in a platted PUD may be sold to separate owners according to the separate lots as shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as to create a new lot line except as provided in Chapter 151.
(W) Lots subject to final PUD plan. All lots or other divisions of a subdivided PUD shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with Chapter 151 or lot(s)/division(s) of a subdivided PUD were subsequently conveyed.
(Ord. 223, passed 8-27-18)