§ 13.07.160. Unplatted lots and unbuilt dwelling units in planned developments.

(a)

Intent. The provisions contained in this Section are intended to provide for the predictable and orderly development of the planned developments within the Town, to ensure that municipal services, utilities and infrastructure are not overburdened, and to help prevent overcrowding of land. For purposes of this entire Section, density means unplatted lots or unbuilt dwelling units within one (1) planned development as defined in Section 13.02.010 of this Title.

(b)

No transfer of density into or out of a planned development. Excess density shall not be permitted to be transferred from one (1) planned development to another planned development.

(c)

Transfer of density within a planned development. Transfers of density shall only be permitted within a planned development, subject to the following requirements:

(1)

Transfer may only occur between unplatted areas of a planned development.

(2)

Transfer between unplatted areas shall be made prior to final plat approval of the area within the planned development receiving the transfer.

(3)

No transfer shall exceed the percentage specified in the underlying Planned Development Guide (or similar document) of the original density of the area from which the density is being transferred. For purposes of this entire Section, original density means the density prescribed for the area in the applicable Planned Development Guide (or similar document), or that density which has been approved by the Town Council through the major amendment process.

(4)

No transfer shall exceed the percentage specified in the underlying Planned Development Guide (or similar document) of the original density of the unplatted area to which the density is being transferred.

(5)

No transfer shall be permitted from an area of a planned development that has previously received final plat approval.

(6)

No transfer shall be permitted within a planned development in which all areas have already received final plat approval.

(d)

Previously platted areas. For areas within a planned development that have received final plat approval prior to the effective date of this Section, there shall be a one-year period beginning on said effective date to transfer up to the percentage specified in the underlying Planned Development Guide (or similar document) of the unused density, subject to compliance with Paragraphs (c)(2), (3) and (4) above.

(Ord. 3.147 §2, 2000; Ord. 3.140 §1, 1999)