Chapter 3 - § 3.4 • ADDITIONAL REQUIREMENTS PERMITTED IN A PUD ENABLING ORDINANCE

• Jurisdiction: Colorado

§ 3.4 • ADDITIONAL REQUIREMENTS PERMITTED IN A PUD ENABLING ORDINANCE

§ 3.4.1—Establishment of Additional Requirements for PUD Approval

While the PUD Act lists what must be included in local PUD ordinances and resolutions, it allows counties and municipalities substantial flexibility in adopting additional requirements and specific standards and conditions. The Act provides that the local ordinance may also include standards and conditions for approval addressing the sequence of development among the various types of uses²³ and standards for inclusion of common open space.²⁴ Courts have held that approval of a PUD may be conditioned upon the availability of water and sewer services, approval of design and construction standards, and the adequacy of access roads, provided the local government has clearly indicated the applicable standards ahead of time.²⁵

In addition, the local ordinances may include development exactions conditioning PUD approval on such issues as dedication of land to the public or payment by the developer for certain street improvements.²⁶ Any additional requirements imposed on a particular PUD application, however, must be for the purpose of promoting the public health, safety, and welfare, and must comply with constitutional due process and equal protection requirements. A 1996 Colorado Supreme Court case held that county public improvement provisions and school exaction requirements can be applied by means of a PUD resolution, but a county fee-in-lieu of land dedication for an approved PUD cannot exceed the market value of the land dedication.²⁷

§ 3.4.2—Relationship of Additional Requirements with Subdivision Regulations

• C.R.S. § 24-67-105(7)

Additional requirements that a local government may include in its PUD ordinance or resolution may be different from, or modifications of, the requirements applicable under general zoning or subdivision regulations of the county or municipality, so long as the PUD requirements substantially comply with the subdivision provisions of the state statutes and subdivision regulations. In addition, subdivision regulations applicable to PUDs may differ from those applicable to other subdivisions.²⁸

§ 3.4.3—Adequacy of a Local Government's Additional Requirements

For a local government to include additional requirements for a PUD application, beyond those specifically authorized by the PUD Act, the local government must first enact general regulations sufficiently specific to empower the governing...