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 Alamogordo
 Code of Ordinances
 Chapter 29. ZONING
 Article 29-03. DISTRICT USE REGULATIONS

  § 29-03-541.4. Time limits.  

Latest version.

  • (a)

    To ensure orderly development of a mixed use planned unit development and the installation of public improvements, a development schedule shall be submitted with the PUD and enforced by the city commission, as provided in this section.

    (b)

    The applicant must begin and substantially complete the development of an approved planned unit development within two (2) years from the time of final approval. Extensions for successive periods of six (6) months may be granted by the city commission. If the planned unit development is to be developed in stages, the approved plan shall contain a development schedule, and the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule. Extension may be granted by the city commission on the same basis as for nonstaged development. Failure to develop within the time limit set forth in this subsection shall cause a forfeiture of the right to proceed under the final plan and shall require resubmission of all materials and reapproval of such, unless an extension is granted by the city commission.

    (c)

    If no development of the planned unit development has commenced, a planned unit development may be abandoned and the property may be developed in conformance with the standards of the zoning district which existed prior to consideration of the planned unit development district. To abandon the planned unit development district, the owner of the property shall file a statement, pursuant to NMSA 1978, § 3-20-12, with the community development department, declaring the plat vacated. The vacation of the planned unit development final plat must be endorsed "approved" by the city commission. Upon doing so, the endorsed statement will be filed with the county clerk, and the PUD district designation will be removed from the official map.

    (d)

    This article shall not apply to developments approved as a large scale development or a community unit plan prior to the effective date of the ordinance from which this section derives.

(Ord. No. 1368, 1-12-10)