HomeMy WebLinkAbout0.8.24 Maintenance of Common Space4.10 MAINTENANCE OF COMMON OPEN SPACE
The Common Open Space of a PUD may be owned and maintained by the property owners within the PUD or by
an organization chosen therefrom or thereby. In the event that the organization established to own and maintain
Common Open Space, or any successor organization, shall at any time after establishment of the PUD fail to
maintain the Common Open Space in reasonable order and condition in accordance with the Plan, the County
Commissioners may serve written notice upon such organization or upon the residents of the PUT] setting forth
the manner in which the organization has failed to maintain the Common Open Space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and
shall state the date and place of a hearing thereon which shall be held within 14 days of notice. At such hearing
the County Commissioners may modify the terms of the original notice as to deficiencies and may give an
extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the
modifications thereof are not cured within said 30 days or any extension granted, the County Commissioners, in
order to preserve the taxable values of the properties within the PUD and to prevent the Common ❑ n Space
from becominga public nuisance, may enter upon said Common Open Space and maintain the same for a period
of one year. Said entry and maintenance shall not vest in the public any rights to use the Common Open Space
except when the same has been voluntarily dedicated to the public by the owners. Before the expiration of said
year, the County Commissioners shall, upon their initiative or upon the written rejuest of the organization
theretofore responsible for the maintenance of the Common Open Space, call a public hearing upon notice to
such organization, or to the residents of the PUD, to be held by the County Commissioners, at which hearing
such organization or the residents of the PUD shall show cause why such maintenance by the County
Commissioners shall not, at the election of the County Commissioners, continue for a succeeding year. lithe
County Commissioners shall determine that such organization is ready and able to maintain said Common Open
Space in reasonable condition, the County Commissioners shall cease to maintain such Common Open Space at
the end of said year. If the County Commissioners shall determine such organization is not ready and able to
maintain said Common Open Space in a reasonable condition, the County Commissioners may, in their
discretion, continue to maintain said Common Open Space during the next succeeding year, and subject to a
similar hearing and determination, in each year thereafter. The cost of such maintenance by the County
Commissioners shall be assessed to and paid by the owners of properties within the PUD that have a right of
enjoyment of the Common Open Space, and any unpaid assessments shall become a tax Iicn on said properties.
The County Commissioners shall file a notice of such lien in the office of the Garfield County Clerk and
Recorder upon the properties affected by such lien within the PUD and shall certify such unpaid assessments for
collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and
remittance of general property taxes.
All open space lands within the PUD boundary including preserved ranch buildings, park
facilities and landscaping will be dedicated to the homeowners association (HOA). The HOA will
be responsible for the operation and maintenance of all opens space lands and facilities. Funds
for the maintenance of PUD open space lands and facilities will be derived from dues collected by
the HOA from the PUD residents.
As stated earlier in this application, the hayfield and preserved barns might be incorporated into
a "heritage ranch" educational facility that would be operated by a non-profit corporation. The
Applicant is committed to cooperate with area residents and future PUD residents that might be
interested in spearheading the creation and operation of a heritage ranch non-profit corporate
entity.
4.11 FEE
The County Commissioners may establish a fee schedule for PUD applications to cover the costs of processing
and review in addition or the fee required for processing other Zone District Amendments.
According to the Resolution adopted by the Board of County Commissioners on February 18,
1998, the base application fee for a PUD rezoning is $500. A check for this amount has been
included with this application along with the executed Agreement to Pay form.
4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN
4.12.01 The provisions oldie PIan relating to the use of land and the location of Common Open Space shall run in favor
of the County and shall be enforceable in law or in equity by the County without limitation on any powers or
regulation otherwise granted by law.
4.12.02 All provisions of the Plan shall run in favor of the residents, occupants and owners ofthe PUD, but only to the
extent expressly provided in the Plan and in accordance with the terms of the Plan, and, to that extent, said
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provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by
such residents, occupants or owners acting individually, jointly or through an organization designated in the Plan
to act on their behalf.
4.12.03 All those provisions of the Plan authorized to be enforced by the County may be modified, removed or released
by the County, subject to the following:
(1) No modification, removal or release of the provisions of the Plan by the County shall affect the rights of the
residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and
(2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be
permitted except upon a finding by the County, following a public hearing called and held in accordance with the
provisions of Section 24-67-104. C.R.S., that the preservation of the entire PUD does not affect in a substantially
adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest,
and is not granted solely to confer a special benefit upon any person.
(3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD
zoning is granted by the Board of County Commissioners, an application for such designation shall contain
unanimous approval of all owners of real property within the PUD. (A. 97-109)
(4) No modification removal or release of a TPUD plan shall be permitted which would cause any conflict with
the operation or utilization of the adjacent Mass Transit Facility or with any of the standards contained in Section
5.I I et seq. of this zoning resolution. (added 2002-12)
4.12.04 Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of
the Plan, modify, remove or release their rights to enforce the provisions of the Plan, but no such action shall
affect the right of the County to enforce the provisions of the Plan.
4.12.05 PROVISION FOR INDEPENDENT OR OUTSIDE LEGAL AND/OR TECHNICAL EXPERTISE
The County Commissioners acknowledge and find that, from time to time, the County may be required to obtain
independent or outside legal and technical counsel and/or opinions concerning PUD or TPUD proposals. The
County Commissioners shall have the authority to retain these experts or expertise at the sole. cost of the PUD or
TPUD applicant(s). Atter referral, the Board may retain assistance if requested by the Planning Commission; or
to address any unforeseen technical or legal issue, not previously foreseen. At such time of retention of outside
expertise, the PUD or TPUD applicant shall be advised of the nature of the outside expert review and a payment
schedule shall be established. (A. 97-109) (amended 2002-12)
4.14 AFFORDABLE HOUSING GUIDELINES — No additional information is required
by this section and therefore the text of this section is not shown.
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