The regulations set forth in this chapter detail the process and submission of master planned developments to the town. This type of development offers more flexibility in the design and placement of structures and emphasizes open agricultural space, maintaining the spirit of the town general plan.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   The purpose of the master planned development (MPD) is to encourage imaginative and efficient utilization of land in residential development and to further the objectives of the town general plan.

   B.   By providing for greater flexibility in the location of buildings on the land, it also allows the consolidation of development and the vast expansion of permanent, common, recreational and agricultural type open spaces, the clustering of dwelling units and the efficient use of those public facilities required in connection with new residential development. These provisions are intended to create attractive and desirable environments within the residential and agricultural areas of the town.

   C.   This chapter should be considered an enhancement to the regulations of chapter 8, articles A through E of this title, and more particularly section 9-8D-1 of this title. These enhancements are negotiable between the developer and the town. The effective and innovative application of these standards may result in bonuses to the density and structural placement regulations found in chapter 7, articles A through E, and elsewhere in this title. All MPD proposals must also demonstrate that they can meet the minimum requirements or conditions of any underlying zone or other regulations contained in this title. An MPD cannot be used as an instrument or vehicle to accomplish a primary use that would have been prohibited if the project were to be submitted and applied for as a conventional subdivision.

   D.   The planning commission and/or town council may accept or reject an MPD proposal on the basis of the quality of materials used in the project, as well as the architectural design and serviceability of the project. All MPD developments shall be designed to "fit in" and protect the character of the neighborhood and rural atmosphere of the town. In considering MPD applications, every effort will be made to see that the neighborhood and town are enhanced by the project.

   E.   Any proposed subdivision project involving more than five (5) acres, or having more than twenty (20) residential units or lots divided must be submitted as an MPD, unless specifically exempted by an appeal to the board of adjustment. Subdivisions containing fewer than four (4) units (minor subdivisions) may be exempt from this requirement, unless the applicant wishes to be reviewed as a minor MPD as per section 9-9-13 of this chapter.

   F.   Complete planning of the entire project in all of its phases is critical in the proper application of the MPD process. All MPD regulations are in addition to the subdivision regulations of chapter 8, articles A through E, of this title and the MPD may be processed concurrently with the subdivision approval if the applicant wishes. Also, refer to chapter 4 of this title for planning commission MPD approval procedures and issues as well as those of this chapter.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

An MPD may be allowed in all residential and agricultural zones as designated herein, and the MPD development plan shall become supplementary to the provisions of the zones in which the MPD is located, although the town shall not be required to enforce any of the restrictive covenants recorded pursuant to this chapter.

   A.   Zones Allowing Attached Units: Attached units shall be allowed in all residential zones, except agricultural (A1) zone. Attached units are limited to a density of one attached unit per five (5) acres. No density bonuses are available for attached units.

   B.   Types Of Developments: Master planned developments include cluster subdivisions, planned developments, twin homes, condominiums, planned developments using manufactured housing, and combinations of housing types such as single units and duplex units.

   C.   Zone Use Limitations: Uses permitted in the MPD shall be limited to those uses permitted in the zone in which the MPD is allowed.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

The base density in lots and/or units per net acre as defined in this section for an MPD shall be as follows:

 

 

   A.   Base Density Exclusions: In determining the maximum base density of the project, the following areas shall not be included within the boundaries of any lot laid out or counted in determining the maximum base density, except as provided herein:

      1.   One-half (1/2) of the area of slopes greater than twenty percent (20%) but less than thirty five percent (35%);

      2.   All acreage having a slope of thirty five percent (35%) or greater;

      3.   All acreage covered by natural streams, lakes or ponds;

      4.   All areas where native soils are classified by the United States department of agriculture, soil conservation service, as having severe limitations as foundations for low buildings and all native soils having no interpretations. If the developer submits with his application an engineering report that defines the soils limitations and detailed engineering plans that will reduce the possible hazard to an acceptable standard to the town, the town council may consider this area for inclusion in the maximum base density. These soils include areas with high water table, areas with high shrink-swell potential, areas subject to flooding, and areas having a high degree of slope.

   B.   Density Bonuses: The town council may, upon recommendation of the planning commission, grant an amenity density bonus and/or an impact density bonus, which may allow the developer of an MPD to exceed the maximum base density for the zone district.

      1.   Amenity Density Bonus: An "amenity density bonus" shall be defined as an increase over the maximum base density for amenities included in a master planned development. Amenities for a particular project may vary from those of another project because of project type and market for which the project is being built. Types of amenities may include dense landscapes, yard lights, tennis courts, trails, equestrian facilities, recreation areas and parks, permanent open space, common usable agricultural or farming open spaces, or other similar features. Such features may be an amenity for one project, but a liability for another. The town shall consider the total project and the proposed amenities, and determine the amount of amenity density bonus a project may receive. An amenity density bonus may be based on any of the following:

         a.   Building And Project Design: Design considerations shall give comprehensive and critical attention to architectural design and style, including unit types, architectural theme, building materials and colors, fence and wall treatment, solar considerations, project entrances, orientation of buildings to amenities within the development, and visual appearance of the development from outside the project.

         b.   Provision And Protection Of Open Space: This shall mean the provision and protection of permanent common open space or agricultural open space which is distinguishable from a standard subdivision by its quantity or quality and which is readily accessible to the residents of the development. Credit will be given for innovative clustering designs that maximize open space and preserve the scenic views and beauty of the community. Open space placed in conservation easements for perpetuity will be valued highly in the MPD process.

         c.   Innovative Site Plan: An innovative site plan shall mean a site plan which features a street pattern which discourages through traffic, ensures the privacy and security of the residents of the development and is in harmony with the topography and other natural features. An innovative site plan could also include a variety of lot sizes, setbacks and dwelling unit types.

         d.   Interior Amenities: "Interior amenities" shall mean the provision of private recreational facilities such as tennis courts, recreational centers, jogging paths, trails, water features, etc., which are accessible to the residents of the development; as well as overall streetscape, including street and sidewalk treatment, street trees, overall landscaping, signs, graphics, mailboxes, yard lighting, garage placement, carport screening and dwelling entrances.

         e.   Substantial Public Benefit: "Substantial public benefit" shall mean the provision of public facilities that are both unusual in character and serve the needs of an area greater than the immediate development. No density increase for substantial public benefit may be approved unless the public facilities provided are in excess of the typically required street improvements, sidewalks or trails, utilities and drainage facilities.

      2.   Impact Density Bonus: In order to promote urban in-filling, the town council, upon recommendation of the planning commission, and after receiving input from the neighbors of the proposed MPD, may grant an impact bonus of up to ten percent (10%) of the base density. This bonus may be granted if the town council finds that the proposed MPD is adversely impacted by its proximity to commercial development, multiple-family housing units, or other similar factors.

      3.   Total Density: In no case shall the total density, including the maximum base density (with exclusions) and all density bonuses, exceed the following for the zone in which the proposed MPD is located: (Ord., 1-18-2005)

Zone Dwelling Units Per Net Acre:

 

 

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

   A.   Area: The following minimum MPD area requirements shall also apply for each zone:

   Zone Minimum Area:

 

 

   B.   Exceptions: The town council may, upon recommendation of the planning commission, allow an MPD development on smaller parcels if the town council finds that the proposed MPD meets the standards of subsection 9-9-5D of this chapter, and that the benefits of such action outweigh any potential negative effects on surrounding properties.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

   A.   Development Review Application: The developer of a proposed MPD shall submit a development review application, with a fee as established by town council resolution, and a preliminary development plan to the town.

   B.   Application Form: The form and contents of the preliminary development plan shall be as follows:

      1.   The preliminary development plan shall be drawn to a scale not smaller than one inch equals sixty feet (1" = 60') and shall be on standard twenty four inch by thirty six inch (24" x 36") paper or smaller.

      2.   Each sheet of the development plat shall contain the name of the development, the scale of the drawing, which shall not be less than one inch equals sixty feet (1" = 60'), the sheet number, an arrow indicating north, and a vicinity map.

      3.   The preliminary development plan shall contain the following information:

         a.   The proposed name of the development.

         b.   Where the submitted plan covers only a part of the development tract, or is part of a larger vacant area, the plan shall show the location of the development as it forms part of the larger tract or parcel of land. In such case, a sketch of the prospective future street system of the remaining parts shall be submitted and the street system of the proposed development shall be considered in light of adjustments and connections with the future street system of the larger area.

         c.   A vicinity map containing sufficient information to accurately locate the property shown on the plat and map.

         d.   The names and addresses of the owner, the subdivider, the engineer or surveyor of the development, and the owners of all lands or parcels immediately adjoining the land to be subdivided as shown on the records of the Box Elder County recorder or assessor.

         e.   A contour map drawn at two foot (2') intervals on all development plats, unless waived in writing by the planning commission.

         f.   The boundary lines of the tract to be developed.

         g.   The lot dimensions and square footage of each lot.

         h.   Existing curbs, gutters, sidewalks, sanitary sewers and manholes, storm drains and manholes, water supply main valves and lines, culverts and fire hydrants within the tract or within two hundred feet (200') of the boundaries of the proposed development. The dimensions of all such improvements shall also be indicated.

         i.   The location, width and other dimensions of proposed curbs, gutters, sidewalks, streets, easements, parks and other open spaces with proper labeling, and of land to be dedicated to the town.

         j.   The location, principal dimensions and names of all existing or recorded streets, alleys and easements, both within the proposed development and adjacent to the boundary thereof, whether recorded or claimed by usage; the location of and distance to the nearest existing bench mark (or monument) and section line; and the location and principal dimensions of all watercourses, ditches, public utilities and other important features; and existing structures within the land adjacent to the tract to be subdivided, and exceptional topography.

         k.   The location of existing bridges, culverts, surface or subsurface drainageways, utilities, public buildings, pumping stations or appurtenances, within the development or within two hundred feet (200') thereof.

         l.   Proposed water facilities, sanitary sewers, storm drainage facilities and fire hydrants, located either within or without the development.

         m.   A plan by which the developer proposes to handle, within the development, the storm water drainage. This system must be adequate to handle a ten (10) year return frequency storm.

         n.   Boundary lines of adjacent tracts of land, showing ownership and property monuments.

         o.   A tabulation of each proposed use by acreage and its percentage of the total acreage.

         p.   Parks, playgrounds, common areas and facilities, limited common areas and facilities appurtenant, and other improvements within the MPD.

         q.   Location of all dwellings and other structures in the development, the common areas, limited common areas and other areas of private ownership, including open spaces and how they will be preserved and protected.

         r.   Typical landscape planting plan for each landscaped area of the development which will be held in common or limited common ownership.

         s.   Building elevations and basic floor plans for all buildings within the development or guarantees in the form of covenants that the buildings on individual lots will be compatible in value and design with other buildings in the development.

         t.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan as submitted.

   C.   Other Conditions: The planning commission may recommend and the town council may impose such conditions on the development plans as they deem appropriate to meet the goals and objectives of this chapter. The town council may disapprove an MPD which is found to be deficient in meeting the intent of these provisions.

   D.   Town Council Approval Issues: The town council may, upon recommendation of the planning commission, approve in concept, the preliminary development plan; provided, that they find:

      1.   The proposed development will provide a living environment at least as pleasant and attractive as would be provided by a conventional residential development established under the strict application of the provisions of the underlying zone.

      2.   The MPD project will provide more efficient use of the land and more usable and permanent open space than a conventional development permitted by the underlying zone and will further the objectives of the town general plan.

      3.   Any increased amenity density bonus allowed within the proposed MPD will be reasonably compensated by better amenities and recreational facilities as set forth in this chapter.

      4.   Any impact density bonus allowed within the proposed MPD is justified by the adverse impact of the proximity of the MPD to commercial development, multiple-family housing units or other similar factors.

      5.   Any variation allowed from the development standards of the underlying zone does not create increased unreasonable hazards to the health, safety and general welfare of the residents of the proposed MPD and adjacent areas.

   E.   Other Documentation: The following documents shall be submitted with a preliminary development plan:

      1.   Zone Changes: Any written requests for proposed changes to existing zoning district boundaries or zoning classifications that are necessary for approval of the MPD.

      2.   Agreements: Copies of any necessary or required agreements with property owners adjacent to the proposed MPD, or with any other person or entity.

      3.   Irrigation Companies: Written approval of adjoining irrigation, ditch or canal companies to authorize any required fencing and easement access protection (if such approval is required).

      4.   Statement Of Intent: A statement of intent shall be submitted with each development plan. A statement of intent is a narrative describing the intangible concepts the developer proposes to implement with the project development. The statements shall be descriptive and shall include, but may not be limited to:

         a.   Market analysis.

         b.   Design theme of entire project to include treatment of houses, landscaping, mailboxes, street signs and lighting, and trails/walkways.

         c.   Buyer profile. An expected buyer profile should be described. (The project amenities are dictated somewhat by the buyer profile.)

         d.   Selling price range of the units.

         e.   Common area amenities not detailed on the development plat.

         f.   Proposed budget for common area amenities and landscaping.

         g.   Maintenance and repair of common, limited common and private areas.

         h.   Complete and detailed project construction phasing.

         i.   A list of amenities proposed for the development.

         j.   A time schedule for the completion of common area facilities, including landscaping, parking, parks and other improvements.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Failure To Submit A Plan: Failure to submit a final development plan within one year of the date of approval of the preliminary development plan shall terminate all proceedings and render approval of the preliminary development plan null and void.

   B.   Plan Preparation And Qualifications: A final plat of all or part of the MPD shall be prepared by the developer's surveyor and engineer and submitted to the town, together with the required fees. All final plats must be signed by a licensed surveyor and must conform to any applicable town design standards. The one year time limit for submission and recordation of the final plat may be extended by the planning commission for up to one additional year.

   C.   Plan Requirements: The final plat shall be drawn on a sheet of approved tracing linen or Mylar having outside or trim line dimensions of twenty four inches by thirty six inches (24" x 36"). The border line of the plat shall be drawn in heavy lines leaving a space of at least one and one-half inches (1½") on the left side and at least a one-half inch (½") margin on other sides. The plat shall be drawn so that the top of the drawing faces north. All lines, dimensions and markings shall be made on the tracing linen with approved waterproof black drawing ink. The plat shall be made to a scale large enough to clearly show all details and in any case not smaller than one inch equals sixty feet (1" = 60'). The finished drawing shall be neat, clean cut and readable, and shall be in conformance with the format approved by the town and the county recorder. The final plat shall contain the following information:

      1.   The name of the development.

      2.   A north arrow (point), the scale of the drawing and the date of preparation of the plat.

      3.   All lot sizes, which shall be indicated in square feet.

      4.   Accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the MPD, properly tied by reference to two (2) public survey monuments. These lines shall be heavier than street and lot lines.

      5.   The names, widths, lengths, bearings and curve data of proposed streets, public utility and irrigation easements; also, the boundaries, bearings and dimensions of all portions within the subdivision intended to be dedicated to the use of the public; also the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the MPD. All lots, blocks and streets shall be numbered in accordance with the street numbering system adopted by the town. In the case of corner lots, an address will be assigned for each part of the lot having frontage. Streets may be named as approved by the town; however, each street must have a number.

      6.   A licensed land surveyor's certificate of survey.

      7.   The description of the boundaries of the development, together with a certification by the subdivider's engineer or land surveyor stating that the lots described fully comply with the requirements of the town subdivision and master planned development code.

      8.   The owner's certificate of dedication as required by Box Elder County.

      9.   The signature of every person who owns property within the development and a notary public's acknowledgment of all such signatures.

      10.   The planning commission's approval of the development plan, with the signature of the planning commission chairperson.

      11.   A signature line for the mayor.

      12.   The town engineer, fire department, Box Elder County health department and Box Elder School District approval and signature.

      13.   A notice of all covenants, conditions and other restrictions which may be relevant and applicable to the property contained in the plat.

      14.   Designation of common areas, limited common areas, open spaces and private ownership areas.

      15.   Identification of landscaped areas limits of disturbance, parking areas, driveways and other features required by this section, and a detailed landscape planting plan and irrigation system plan for each landscaped area of the development, which is to be held in common or limited common ownership.

      16    Three-dimensional drawings of multi-storied buildings and building elevations where required.

      17.   Plat restrictions, lot or deed restrictions, covenants and other information required by the planning commission and/or the town council.

      18.   In the case where the MPD is a condominium project, the developer shall submit a written statement by an attorney who is licensed to practice in the state. This written opinion shall state that the condominium declaration, the record of survey map and the other supporting documentation comply in all respects with the Utah condominium ownership act 1 , as well as all applicable federal, state and local laws and ordinances, and that when the condominium declaration and survey map have been recorded in the office of the Box Elder County recorder that the proposed project will be a validly existing and lawful condominium project in all respects.

   D.   Town Council Approval Issues: The town council may approve the final development plans of the MPD, provided it finds that:

      1.   All of the conditions of approval of the preliminary development plan have been incorporated into the final development plans. If it has been more than one hundred eighty (180) days since the preliminary development plan was approved, an updated market analysis and phase plan is required before final approval can be given.

      2.   All construction drawings of the MPD have been approved by the town engineer.

   E.   Variations: Variations from the development standards of the underlying zone in which the MPD is located may be permitted by the town council, provided the variations are specifically adopted by the town council as part of the approved development plans or approved supporting documents. Variations, however, shall not include changes in the permitted zone uses allowed except to the extent set forth herein.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Neighborhood Meeting: The applicant for any MPD shall conduct at least one neighborhood meeting for the residents in the area of the proposed MPD to explain the proposed development and to address all neighborhood concerns. Such meeting shall be accomplished prior to the preliminary development plan being scheduled for review by the planning commission. The area of notice for the meeting will be determined by the planning commission.

   B.   Compliance With Town Codes: Master planned developments shall comply with the requirements of this chapter and the stipulations and requirements of the entire subdivision and master planned development code, as well as any requirements and conditions of the planning commission and town council. The requirements and standards set forth herein shall apply to any master planned development, and are in addition to any other regulations required by a conventional development not submitted as an MPD. All development must comply with any of the applicable subdivision standards contained in the subdivision and master planned development code.

   C.   Structure Setbacks:

      1.   No structure shall be set back less than twenty feet (20') from the right of way line of a dedicated street. If a setback of less than twenty five feet (25') is used, the planning commission may require that setback distances from the front property line be varied and shall determine said setback distances.

      2.   Building setbacks along the main peripheral property lines of an MPD shall be the same as that required in the zone for any abutting residential properties.

   D.   Land Ownership Designation: All land within a development shall be either common area, open space, limited common area dedicated to public use, privately owned as a buildable lot, or a combination of the above.

   E.   Slopes: Any slope greater than twenty percent (20%) may be used as parks or playground areas, but shall not be included in open space calculation requirements.

   F.   Utilities:

      1.   All dwelling units shall be served by an approved water system and the public sewer system if the public sewer system is located within one thousand feet (1,000') of the property line of the MPD or if the density warrants or requires connection in any location as determined by the town council and/or Box Elder County health department. Units must be serviced by a public or approved private water supply. All utilities shall be placed underground. Each dwelling unit shall be individually metered for natural gas, electricity and water. Each building shall be served by a separate sewer lateral and not more than four (4) dwelling units within a building may be connected to one lateral. Each unit will be required to install backflow protection devices and water valves, as well as backwater valves in sewer lines in multiple unit developments in accordance with the applicable plumbing code.

      2.   If an MPD has more than three (3) developable lots, including any future phases, and, in the town's opinion, the project is in an area that may be serviced with a sewer system in the next ten (10) years, the town council or planning commission may require sewer improvements to be installed in the subdivision. These improvements must be constructed to current town standards, properly capped, marked as to their termination in the lots (with acceptable as built drawings provided to the town) and be made separate from the septic system in place or proposed. This system would make it more feasible and less costly and troublesome on the residents of the development in the future when the service would be available and/or the connection would become mandatory.

   G.   Fences: A six foot (6') high sight obscuring fence may be required by the planning commission to be erected on the perimeter of MPD projects.

   H.   Landscaping:

      1.   The required front setbacks and side setbacks adjacent to a dedicated street shall be landscaped, except for permitted driveways, and shall not be used for parking.

      2.   All common areas shall be permanently landscaped with trees, shrubs, lawn or ground cover and maintained in accordance with good landscaping practice, unless the area is to be designated as natural open space.

      3.   Each dwelling unit shall be landscaped as fitting the MPD project.

   I.   Parking: Dwelling units shall be provided with not less than two (2) parking spaces each. In addition, one-half (0.5) parking space for each dwelling unit shall be developed for guest parking within the development, unless the streets provided within the development are constructed to a width which will accommodate travel lanes as well as parking lanes. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces, parking areas and driveways shall be hard surfaced and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways or trails.

   J.   Streets:

      1.   All streets within an MPD shall have a paving width of thirty four feet (34'). However, a minimum width of twenty eight feet (28') of paving may be approved in certain instances where, in the opinion of the town council, such factors as the number of dwelling units served by the street, anticipated traffic volumes and controlled on street parking may tolerate a lesser standard. However, all street rights of way shall have a sixty six foot (66') wide minimum, unless otherwise specified in the town streets master plan.

      2.   All streets which are shown on the town master streets plan, if adopted, or the land use/zoning maps, shall be developed according to the size and general location shown on the street plan. Other streets developed in an MPD are encouraged to be dedicated to the town as public streets; however, private streets may be permitted within MPDs; provided, that:

         a.   A private street will not extend to or provide service to another property or parcel not included in the MPD.

         b.   The street will not provide access or travel between, or otherwise connect with, two (2) public streets. The town council may waive this requirement upon recommendation of the planning commission if circumstances warrant.

         c.   The street is designed by a qualified civil engineer to town standards.

         d.   The minimum width standards may be increased when, in the judgment of the town council, a greater standard is warranted to adequately serve the development.

         e.   Private streets are entered from the public streets by a driveway type entrance with no curb cut and are posted as private streets.

         f.   All private streets shall be designated on the final plat as a perpetual public utilities easement.

   K.   Common Areas: Common areas of a development shall be developed according to the plan approved by the town council and maintained in accordance with the provisions of this chapter. Common or privately held open spaces must be perpetually dedicated as such through appropriate deed restrictions or conservation easements, as determined by the town.

   L.   Storage Areas And Solid Waste Receptacles: All storage and solid waste receptacles which are not located within a building shall be enclosed within a sight obscuring structure or fence compatible with the design of the development.

   M.   Recreational Vehicle Storage: An MPD which contains more than four (4) attached units shall provide a paved surface, enclosed area for the storage of operable and licensed recreational vehicles. This area shall be developed at the ratio of one hundred forty (140) square feet of storage area for each attached dwelling unit. An MPD which contains twelve (12) or fewer attached dwelling units may restrict the storage of recreational vehicles on the premises in the restrictions and covenants of the project. This restriction must be approved by the town council. The structure enclosing the recreational vehicle storage area shall be at least six feet (6') in height. Said enclosure may be required to be sight obscuring for all or part of the length thereof when, in the opinion of the planning commission or town council, it is necessary to preserve the character and aesthetic qualities of the development or surrounding areas.

   N.   Declaration Of Covenants, Conditions And Restrictions: Where covenants, conditions and restrictions are imposed upon an MPD, two (2) copies of the declaration of covenants, conditions and restrictions shall be submitted to the town, signed and prepared for recording at the Box Elder County recorder's office prior to approval of a final plat.

   O.   Development Bond: Prior to the recording of any documents concerning an approved MPD or plat maps and prior to the issuance of any building permit on ground covered by an MPD, a bond sufficient in amount to cover the cost of all off site and on site improvements required by this chapter and all stipulations and requirements of the planning commission and town council, shall be required. The bond shall be a guarantee that the proper installation of all required improvements, including amenities, shall be completed within one year of recordation of the approved final plat. This guarantee bond shall also assure that the improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer, and shall not be released until the improvements are accepted by the town. Said bond shall be in the form prescribed by chapter 8, article C of this title, and in an amount as reasonably set forth by the town engineer.

   P.   Final Plat Recordation: The final plat shall be recorded after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the town engineer and/or building official.

   Q.   Sensitive Lands: Any lands deemed as sensitive lands by this title or the town must be protected as designated in the sensitive lands overlay zone and shall not be included in the open space calculation requirements.

   R.   Concurrency: All on site and off site infrastructure required for the impacts of the entire MPD in all of its phases must be installed concurrently and operational by the time the first phase is completed and certificates of occupancy are issued. All guarantees on the improvements begin when the certificates of occupancy are issued and must last one year from that point in time. Bonds required in this chapter, as well as the subdivision regulations and ordinances in this title, must cover completion of all improvements. These improvements include, but are not limited to: water and sewer plants, lines, storage tanks and other facilities, storm drainage and irrigation facilities, streets and roads, public utilities, fire protection systems, public safety systems and improvements, school and educational facilities, and any other improvements deemed necessary in this chapter, or chapters 1, 3, 8, articles A through E, and 10 of this title.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Access: Each lot within a cluster type subdivision shall have direct access to a public dedicated street.

   B.   Dwelling Location: Location of dwellings on lots within this type of development shall be approved by the planning commission and town council on the preliminary development plan.

   C.   Setbacks: Dwellings and attached carports, garages, patios, breezeways or other structures attached to the dwelling shall have a minimum total side yard setback of sixteen feet (16'). The minimum front setback for the main dwelling and any additional accessory buildings or attachments shall be twenty feet (20'). No more than two (2) adjacent dwellings shall have equal front setbacks if the front setbacks are less than twenty five feet (25').

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Width; Square Footage: The minimum width dimension for a manufactured dwelling unit shall be twenty four feet (24'), which shall not include any attachments or accessory use structures such as garage, carport or storage building. The minimum square foot requirement is one thousand (1,000) square feet.

   B.   Covered Parking Space: The required covered parking space shall be attached to the dwelling unit in such a manner that it becomes an integral part of the structure in design and appearance.

   C.   Elevations: Typical elevations of the dwelling unit and required or proposed attachments shall be submitted for approval by the town council, upon recommendation of the planning commission, at the time the development plan is submitted.

   D.   Living Area: If the manufactured housing unit consists of multiple sections, the minimum square foot required living area shall be one thousand (1,000) square feet.

   E.   Roof: The roof of a manufactured housing unit shall be comprised of conventional roofing shingles and shall have a pitch of not less than three feet (3') in twelve feet (12'), and shall meet or exceed the snow load requirements for the area.

   F.   Exterior Material: The exterior building material shall be comprised of lapped steel, vinyl, aluminum, wood, brick or other nonreflective siding material.

   G.   Foundation Required: The dwelling units in a manufactured housing MPD shall be set on a permanent foundation of approved foundation materials (i.e., concrete or masonry).

   H.   HUD Requirements: Each manufactured housing unit shall meet the United States department of housing and urban development requirements for manufactured housing and shall bear the required certification of inspection by authorized state inspectors.

   I.   Front Common Area: The required front yard setback may be required to be common area and shall be irrigated and maintained in accordance with the provisions of this chapter.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

Twin homes are limited to one unit per five (5) acres in any development project.

   A.   Frontage: Each lot within a twin home development shall have frontage on a public dedicated street.

   B.   Dwelling Location: Location of dwellings on lots within this type of development shall be approved by the town council on the preliminary development plan.

   C.   Center Wall Between Units: The center wall between the dwelling units shall be the property line and shall be designed and constructed for soundproofing.

   D.   Wall, Hedge Or Fence: A masonry wall or approved decorative fence or hedge may surround each lot in accordance with the fencing provisions of the underlying zone. Said wall, hedge or decorative fence may include front and rear yard dividers. The rear yard may be divided by a sight obscuring fence, wall or hedge.

   E.   Landscaping: The development plans shall include landscaping and sprinkling systems for the front yards which shall be installed by the developer.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Zero lot line developments are not permitted.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Land Ownership Designation: Land ownership designations are not required for apartment developments.

   B.   Utilities:

      1.   Each building shall have a minimum of one meter for water and each building shall have at least one meter for natural gas and electricity.

      2.   No more than four (4) dwelling units shall be connected to one sewer lateral. Each unit shall have installed in the sewer lateral a backwater valve along with clean outs for each unit.

   C.   Landscaping: All land, except for building areas, driveways and parking areas within the apartment development shall be landscaped and maintained with trees, shrubs, lawn and ground cover.

   D.   Parking: No less than two (2) off street parking spaces shall be provided for each dwelling unit. In addition, one off street parking space for each four (4) dwelling units shall be provided for guest parking. All parking spaces and driveways shall be paved with either asphalt or concrete and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways or trails.

   E.   Recreational Vehicle Storage: An apartment development with more than twelve (12) units shall provide a paved parking surface enclosed with a sight obscuring fence at least six feet (6') in height, for the storage of operable and licensed recreational vehicles. This area shall be developed at the ratio of fifty (50) square feet per unit. The town council may waive this requirement that no recreational vehicle be parked or stored within the apartment development.

   F.   Declaration Of Covenants, Conditions And Restrictions: Apartment developments are not required to submit a declaration of covenants, conditions and restrictions.

   G.   Final Plat Recordation: A final plat showing the area of the apartment development and bearing the name of the apartment development shall be approved by the town and shall be recorded in the office of the Box Elder County recorder.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   If an MPD meets the same qualifications in size and definition of a minor subdivision, as described in the subdivision and master planned development code, and does not necessitate the creation of large public infrastructure to meet its needs, the MPD may be classified as a minor master planned development, and the planning commission may waive many of the requirements in this chapter required for a conventional MPD, including off site infrastructure concurrency, and bonding requirements.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)