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(a) Off-street parking.

(1) Off-street parking and loading facilities for PUD zoning districts shall comply with the provisions required in article XI.

(2) The Plan Commission may approve shared parking between uses whose peak parking demands occur at different times or days of the week. In its sole discretion, the Plan Commission may require the applicant to submit a parking study to document that the number of spaces provided will meet the parking demand generated by all uses within the PUD. In a PUD with shared parking, the applicant shall submit cross parking agreements as part of the PUD application.

(b) Private streets.

(1) Any private streets in a PUD zoning district shall be constructed in conformance with the specifications prescribed by the Town subdivision control ordinance.

(2) At or near the entrance of each private street on a dedicated public street, the applicant or the owner shall construct and maintain a signpost carrying a sign, having an area of at least fifteen (15) inches by twenty-one (21) inches, on which is printed an clearly legible in at least two-inch letters, the name of the private street and words "PRIVATE STREET" and, in at least one-inch letters the words, "NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY the Town". The materials on the sign shall be arranged substantially as follows:

(NAME OF STREET)

PRIVATE STREET

NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY the Town

(3) Private streets shall be maintained by the owner so that fire, police, school, and public utility vehicles have adequate access including an adequate turning area.

(c) Public streets. Where public streets are required by the comprehensive plan or the Plan Commission, the streets shall be dedicated and constructed in conformance with the specifications prescribed by the Town subdivision control ordinance.

(d) Contract.

(1) When a PUD zoning district is recommended by the Plan Commission, the owner and developer shall enter into a contract with the Town to guarantee the implementation of the development plan.

(2) Any subsequent change or addition to an approved PUD development plan shall be submitted to the Town Manager who may approve minor changes to the plan, provided that the Town Manager makes a written finding that the revised plan complies with the PUD standards in this article and complies with all conditions imposed on the PUD. A minor change involves items such as a small shift in the location of handicapped parking spaces or a dumpster, a realignment of parking spaces or aisles, or a change in building materials.

(3) All major changes shall be submitted to the Plan Commission and may only be approved after a public hearing. A major change involves one or more of the following: reduction of parking spaces, reduction in the amount of open space, reduction in the amount of landscaping, relocation of an access drive or detention facility, an increase in the height, floor area, impervious surface or number of dwelling units or modification to the mix of uses.

(4) Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a development shall be cause for termination of the development plan approval. At least ten (10) days notice shall be given to the owner and developer to appear before the Plan Commission and answer any such charge of noncompliance. In the event the Plan Commission finds the charges substantiated, the Plan Commission may revoke the development plan approval if the situation is not satisfactorily adjusted with a specified time period as determined by the Plan Commission.

(e) Compliance with other ordinances. Nothing contained in this article is intended to relieve any owner, developer, or user of land from compliance with all other ordinances of the Town, including the Town subdivision control ordinance. However, the Plan Commission, upon a finding that extraordinary hardships or particular difficulties may result from strict compliance with the subdivision control ordinance, may allow a waiver of said regulations so that substantial justice may be done and the public interest may be secured, provided that such waivers shall not have the effect of nullifying the intent and purposes of this chapter.

(Ord. No. 1483, § 1, 1-15-09)