Title 17 LAND USE
Chapter 17.126 PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
17.126.080 Maintenance Plan.
In cases in which maintenance of roads, common areas, open space, or facilities
normally maintained by public entities are proposed to be maintained by
homeowners associations, or other non-governmental bodies, the applicant shall
submit a maintenance plan conforming to the requirements of this Subsection. A
maintenance statement addressing ownership and maintenance shall be submitted
with the rezoning request. The maintenance plan shall be submitted concurrently
with the Final Development Plan and recorded prior to or in conjunction with the
Final Development Plan. Failure to maintain areas that are not maintained by
public entities in a reasonable order and condition in accordance with the
approved Planned Unit Development may result in Pueblo County, at its own
discretion, correcting the deficiencies as provided in C.R.S. 24-67-105(6) c.
and d.
A.
Where
non-County maintenance is proposed for roads, common areas, recreational areas,
facilities, open space, bikeways, trails, paths, malls, parking areas, or other
public sanitation facilities, the applicant shall submit for review and approval
a maintenance plan for such facilities prior to the issuance of a building
permit. In cases in which a submittal conforming to the standards for
final plats contained in Title 17 of the Pueblo County Code is required, the maintenance plan shall be submitted at final plat stage. In
cases in which only a plot plan is required the maintenance plan shall be
submitted at the plot plan stage.
1. For proposals, which contemplate use of common sewerage or water system
by two or more dwelling units or uses, a maintenance plan may be required if, in
the opinion of the Planning Director, such a plan is necessary to protect the
public health, safety and welfare.
B. The maintenance plan shall include:
1.
Identification of present and proposed ownership for the facilities or
areas included within the maintenance plan. In the case of condominiums,
townhouses, or other multiple dwelling units, the method of conveying title and
the estate to be granted shall be noted;
2.
A Title opinion dated no less than thirty (30) days prior to the
submittal date;
3.
A service plan to include:
a. Proposed method of guaranteeing maintenance;
b. Proposed form of unified control, which shall include identification and
description of corporations, partnerships, trusts, owners associations, or other
legal entities having the right to assess individual landowners within the
development and identification of the method proposed to enforce required
assessments;
c. Date of implementation of the provisions of the proposed method of
guaranteeing maintenance. Appropriate recording of such documents and
agreements as may be required shall be a condition of any plan approval;
d. Cost of capital construction for proposed facilities, cost of maintenance
for such facilities per year, amount proposed to be assessed to meet such
expenses;
e. Proposed administration mechanism to assure that maintenance is carried
out as planned. Suitable collateral to ensure that in case of discontinuance of
control and maintenance, Pueblo County may, but shall not be required to, assume
such duties as may be appropriate without additional cost to the taxpayer.
Collateral shall be limited to a letter of credit, or such other method of
ensuring and guaranteeing such maintenance as may be approved by the Board of
County Commissioners;
f. Evidence that all required approvals have been granted in accordance with
Pueblo County land use regulations.