Colorado § 24-67-103 - Definitions.

§ 24-67-103. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Common open space" means a parcel of land, an area of water, or a combination of land and water within the site designated for a planned unit development designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the planned unit development.

(2) "Plan" means the provisions for development of a planned unit development, which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas, and parking facilities, common open space, and other public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition.

(3) "Planned unit development" means an area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations.

Source: L. 72: p. 509, § 1. C.R.S. 1963: § 106-6-3.

ANNOTATION

Amended planned unit development (PUD) created an express path easement to subdivision homeowners that was not precluded by previously recorded conservation deed and is superior to title of adverse landowner. Initial PUD establishes a common development plan and it suffices to enforce a servitude shown in the plan documents. For a plat involving a PUD or other common development plan to create an easement, it need not contain the word "easement". Nor is the absence of a metes and bounds description of the path significant. Bolinger v. Neal, 259 P.3d 1259 (Colo. App. 2010).