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OR BK 10284 PG 1976 Page 11 of 11 <br /> k. Decorative streetlights shall be used subject to approval of the applicable utility provider <br /> and manufacturer's design specification. Underground wiring may be used where such <br /> streetlights are not solar powered. I <br /> I. Individual retention ponds to provide perimeter landscaping in such locations and with <br /> such landscaping as reasonably approved by applicant/dell/eloper. <br /> m. Unless otherwise approved by City staff as part of site plan or other approvals,lot fencing <br /> shall consist of Lakeland Style 6'PVC fence,either white or almond. <br /> n. Applicant/developer shall provide a minimum landscape allowance per lot of 1.5%of the <br /> total construction cost and shall be verified by a certification from applicant/developer's <br /> engineer of record. <br /> o. Street/lot trees shall have a minimum 3"caliper,12'height and consist of a Grade#1 tree. <br /> 16. The maximum density or square footage set forth above is not a vested right and is subject <br /> to reduction based on,or as a result of,applicable City ordinances and resolutions. <br /> Procedures <br /> 17. All conditions of this PUD approval are material to the City Council approval. Accordingly, <br /> the conditions are not severable. In the event any section,subsection,sentence,clause, <br /> or provision of these conditions or the rezoning is challenged and declared illegal,invalid, <br /> or in violation of any statutory or constitutional requirement by a body with jurisdiction to <br /> make such determination, the remainder of the conditions and PUD approval shall be <br /> suspended until such time that the City Council modifies the PUD conditions of approval <br /> to address the illegal or invalid provision,provided that such suspension shall not exceed <br /> nine months in duration. However, such determination shall not affect the validity of <br /> 1)PUD entitlements that have received plat, Building Permit, or CO approval; or 2)any <br /> PUD mitigation committed to or performed as of the date the determination is made,unless <br /> such approvals or mitigation are specifically declared to be illegal, invalid, or <br /> unenforceable.Requests for City Council-approved modifications to the PUD or the PUD <br /> E conditions of approval shall not be considered challenges and decisions by the City <br /> Council regarding any modification or the like shall not have the effect of suspending the <br /> conditions and the PUD approval under any circumstances. <br /> I � <br /> Page 4 of 4 <br />