A   The intent of this chapter shall be to set down regulations under which development can be carried out that will achieve a relationship between open space and buildings, harmony between the development and the surrounding area, wider variety of residential settings, more economical development, accommodation of affordable housing, maintenance of buildings and premises. Upon approval of a planned unit development, the features and dimensions shown on the approved plan will constitute the zoning restrictions and regulations as applied to the territory shown on the approved plan.

   B   A developer may present to the city, a planned unit development (PUD)/planned community development (PCD) that if approved, shall become the new zoning/land use ordinance for that particular PUD/PCD. (Ord. 2012-01, 7-10-2012)

Planned unit developments shall be allowed in the R-2 zones, provided that a parcel has a minimum of three (3) acres and is owned by one continuous property owner. The standard allowable density shall average no less than six (6) dwellings per acre, up to a maximum of eight (8) dwellings per acre. At least thirty percent (30%) of the gross area of the planned unit development shall be retained in permanent open space. Parks, playgrounds, sidewalks, nonmotorized pathways and trails may be computed in the thirty percent (30%) open space requirement. Land proposed to be devoted to vehicular streets or roads, parking, and driveways shall not be included in the computation of open space, park or playground areas. (Ord. 2012-01, 7-10-2012)

The following uses shall be permitted in a planned unit development:

Churches.

Golf courses.

Parks and playground facilities.

Recreation buildings.

Schools.

Single-family dwellings.

Swimming pools.

Townhouses and condominiums.

Similar facilities, for use only by the occupants of the development or the public at large as the planning commission deems appropriate. (Ord. 2012-01, 7-10-2012)

The following standards, requirements, and conditions shall apply to all planned unit developments:

   A   Ownership, Contracts And Design Requirements:

      1   The planned unit development plan shall be prepared by a design team composed of at least an architect, a landscape architect and a civil engineer, all of whom shall be required to have a professional license issued by the state of Utah;

      2   Legal counsel representing the planned unit development shall be required to prepare all legal agreements and contracts between the petitioner and the city;

      3   All construction and workmanship that takes place within a planned unit development must comply with city standards and the provisions of the building codes adopted by the city and will be subject to inspections as deemed necessary by the building inspector;

      4   The area proposed for a planned unit development shall be in one ownership during development to ensure conformity with these provisions and all other conditions imposed by the planning commission upon the preliminary and final development plans; and

      5   The planning commission may specify the facilities which will be maintained by and at the expense of the city, and which facilities will be maintained by and at the expense of the owners of the development, their successors or assigns.

   B   Utilities And Transportation:

      1   A public sewer system and a public water supply shall serve all dwelling units. All utilities within the development shall be placed underground, including telephone, electrical and television cables. Dwelling units under separate ownership shall have separate utility metering;

      2   In the event that the land contained within a development is traversed by a proposed collector or arterial street, the development shall be designed in accordance therewith, and the right of way across the development shall be dedicated to the public;

      3   Not less than two (2) parking spaces per dwelling shall be provided;

      4   All parking spaces, parking areas and driveways must be hard surfaced (paved) and properly drained;

         a   Stormwater runoff collection facilities shall be designed so as to retain stormwater runoff on development sites for a sufficient length of time so as to prevent flooding and erosion during stormwater runoff flow periods as determined by the city engineer, or be designed to divert into the closest usable irrigation ditch or channel.

         b   No ditch or canal shall be approved as suitable for the use of storm drainage water without the written permission of the appropriate irrigation company, or of the water users for such use.

         c   Stormwater runoff collection facilities shall be so designed as to divert surface water away from cut faces or sloping faces of a fill.

         d   Curb, gutter and pavement designs shall be such that water on roadways is prevented from flowing off the roadway except into appropriate drainage facilities;

      5   The required front and side yards which face upon a city street shall not be used for vehicular parking, but shall be landscaped with appropriate plants and shrubs as indicated on the approved final development plans;

      6   Sidewalks shall be required in all planned unit developments where the planning commission deems necessary; and

      7   Nonmotorized pathways and trails shall be required as deemed necessary by the planning commission to form a logical system for access to all dwelling units and to all project facilities and off site destinations. Pathways, when used by substantial numbers of children as play areas or routes to school or other principal destinations, shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be held to a minimum on such walkways that are located and designed to promote safety. All crossings shall be appropriately marked and otherwise safeguarded. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated into the walkway system;

      8   Natural drainage shall be riprapped or otherwise stabilized to the satisfaction of the city engineer below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion;

      9   Waste material from construction, including soil and other solid materials, shall not be deposited within a natural or manmade drainage course within irrigation channels;

      10   Sediment catchment ponds shall be constructed on the development site, unless sediment retention facilities are otherwise provided by the developer.

   C   Open Space:

      1   All areas not covered by buildings or by off street parking space or driveways shall be planted into natural vegetation or lawn, trees, and shrubs. Landscaped areas shall be maintained in accordance with good landscaping practices, with emphasis toward low water usage. Permanent sprinkler systems shall be installed to provide for irrigation of planted areas, except that the planning commission may find that it will not be necessary to install sprinkler systems in areas that are to be left in a natural condition; and

      2   Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the city council and made a part of the conditions of the plan approval.

   D   Buffering:

      1   At the discretion of the planning commission, fences, walls, earth berms or vegetation screening may be required along the edges of the development to protect residents from undesirable views, lighting, noise or other off site influences or to protect occupants of adjoining residential districts from similar adverse influences within the development. Screening shall be designed to control the existing or potential adverse views from existing or potential first floor residential windows in the planned unit development or other residential districts; and

      2   All landscaping and buffering shall be provided, completed and maintained by the developer in a manner to preserve and take the greatest possible advantage of the natural environment, and to achieve this objective through minimal grading necessary for construction of a development.

   E   Public Facilities:

      1   In those instances in which the size and scope of a proposed planned unit development is such that it would have an impact upon public facilities that warrants an expansion or upgrade to the facilities, the planning commission may require the dedication of land to accommodate the required improvements; and

      2   The planned unit development shall be situated and designed in such a way to be consistent with the city's general plan. (Ord. 2012-01, 7-10-2012)

Property development standards in excess of the minimums set forth in this section may be imposed by the planning commission where it is determined that such increases are necessary to ensure that the integrity and desirability of the planned unit development will be maintained.

   A   Minimum Design Standards:

      1   Setbacks shall be maintained along the peripheral property lines of the planned unit development which shall be at least equal to that required by the zone on the property immediately adjacent thereto;

      2   In those instances where a proposed planned unit development will front upon one or more existing streets, the setback from the street shall be equal to that required by the most restrictive zoning on the property immediately adjacent along the same street frontage;

      3   Minimum right of way width for a two-way city street shall be thirty four feet (34'), and the minimum hard surface width shall be twenty four feet (24'); minimum standards do not allow on street parallel parking. To allow parallel on street parking the minimum right of way must be fifty feet (50') and the minimum hard surface must be forty feet (40').

      4   Minimum right of way width for a one-way city street shall be thirty feet (30'), and the minimum hard surface width shall be twenty feet (20'); minimum standards do not allow on street parallel parking. To allow parallel on street parking the minimum right of way must be thirty eight feet (38') and the minimum hard surface must be twenty eight feet (28'). Parking is permitted only on the right hand side when viewed from the flow of traffic.

      5   Sidewalk construction will be in accordance with subsection 7-2-3C of this code.

      6   Private drives shall have a minimum width of twenty feet (20') and shall be finished with an all weather surface. Parking of vehicles and placement of public utilities in private drives is prohibited. The city will not maintain private drives, and will not collect trash from private drives.

      7   Dead end local streets shall not exceed eight hundred feet (800') in length and must have a cul-de-sac with a minimum diameter of one hundred feet (100') curb to curb. (Ord. 2012-01, 7-10-2012)

Any person wishing to construct a planned unit development shall obtain from the zoning administrator information pertaining to the city's plan of land use, streets, public facilities and other requirements affecting the land to be developed. The petitioner shall then prepare plans and obtain approval thereof as hereinafter set forth.

   A   Preparation Of Vicinity Plan: The design team shall prepare a vicinity plan which shows a simple sketch of the major features of the development in relation to existing conditions and planned development within one-fourth (1/4) mile of the outside boundaries of the development and shall submit the same to the zoning administrator, together with an environmental analysis. The plan may be a pencil sketch or may be made directly on an aerial photograph.

   B   Environmental Analysis: The environmental analysis statement shall be prepared by an engineer, landscape architect, land planner or other person qualified to prepare such a statement as determined by the planning commission, indicating and describing the measures that will be taken with respect to the following:

      1   Revegetation of cuts and fills and area which will be denuded in constructing the planned unit development;

      2   Prevention of fire and control of dust;

      3   Prevention of the accumulation of weeds and debris;

      4   Management of surface water and elimination of flood hazards; and

      5   Reduction in the need for the allocation of public funds for upkeep and maintenance of streets, water and sewer lines, landscaped areas, etc., within the territory to be included in the development. (Ord. 2012-01, 7-10-2012)

Upon approval of the vicinity plan by the zoning administrator, the petitioner shall then prepare a preliminary plan and shall submit five (5) copies of the same to the zoning administrator. The plan must be submitted at least two (2) weeks prior to the meeting of the planning commission. An administrative fee, as established by resolution, shall accompany the preliminary plan. The preliminary plan shall be drawn to scale, not smaller than one inch equals one hundred feet (1" = 100'), or as recommended by the zoning administrator, and shall show the following information:

   A   Type of development;

   B   Name of development;

   C   Name and address of the petitioner; a current deed and an abstract of title or an ownership and encumbrance report showing the record titleholder and all liens and encumbrances affecting title;

   D   Name and address of the designer;

   E   Position of all buildings and structures to be constructed in the development. Also, the design of dwellings shall be shown, accompanied by estimates of the cost to purchasers or renters;

   F   Proposed parks, playgrounds, school sites, and other open spaces; also, proposed buildings and other facilities for the common use of the occupants or for the public;

   G   Facilities and services to be supplied by the petitioner or by the association and the cost thereof to the occupants;

   H   North point and scale;

   I   Township, range, and section lines;

   J   Zone boundary lines and zone designations;

   K   Topography shown by contours at an interval no greater than two feet (2'), except that a greater interval may be permitted when specifically authorized by action of the zoning administrator or authorized representative;

   L   Boundary of the development including a legal description thereof;

   M   Total acreage of the development;

   N   Adjacent property ownership;

   O   Preliminary subdivision plan showing layout of all proposed lots;

   P   Proposed circulation pattern, including private and city streets, sidewalks and nonmotorized pathways and trails;

   Q   Typical street or roadway cross sections;

   R   Existing and proposed canals and waterways, public utility lines and easements, etc.;

   S   Proposed sewage disposal facilities;

   T   Existing and proposed storm drains, bridges and other stormwater management measures;

   U   The location and type of water sources. Such sources shall be shown either on the preliminary plan or on an accompanying map drawn at a scale not smaller than one inch equals two thousand feet (1" = 2,000'). Appropriate supporting documents showing that potable water will be available to the project in quantities as required by the water superintendent, state health department, and fire marshal, and that such water will be made available to each dwelling site through a properly designed distribution system, shall be included as part of the preliminary plan;

   V   Tentative location and size of water mains;

   W   Tentative location of fire hydrants;

   X   Location and size of sewers; and

   Y   Any other information which the zoning administrator or planning commission considers necessary to enable the planning commission to determine whether or not to recommend the plan to the city council. (Ord. 2012-01, 7-10-2012)

The following documents shall be submitted along with the preliminary plan:

   A   Proposed declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters or occupants within the planned unit development;

   B   In the event that the development is to be divided into two (2) or more ownerships, the document must provide for adequate control and maintenance of all phases of the development;

   C   An agreement between the petitioners and the city stating, among other things:

      1   That in the event of failure or neglect on the part of the owners, successors or assigns to maintain the water and sewerage facilities, common areas, landscaping and other improvements in good condition, the city may perform the necessary work and may enter upon the land and do the work and charge the cost thereof, including reasonable attorney fees, to the owners or their successors or assigns;

      2   That the owners, successors or assigns will reimburse the city for all costs which the city incurs in performing the necessary work, including all professional and technical fees incurred by the city;

      3   That the petitioner will construct and maintain the project in accordance with approved plans and in accordance with city standards;

      4   That the terms of the contract shall be binding upon the heirs, assigns, receivers and successors of the project for the life of the project or buildings; and

      5   Any other conditions that the planning commission deems to be reasonably necessary to carry out the intent of this chapter. (Ord. 2012-01, 7-10-2012)

   A   Upon presentation of the preliminary plan and documents, the planning commission shall either approve them as submitted or shall refer them back to the petitioner for one or more of the following reasons:

      1   The development has been found to be inconsistent with either this chapter or the general plan;

      2   The planning commission requires that certain specific changes be made within the plans; or

      3   The plans or documents have not been completed.

   B   Before approving the preliminary plan, the planning commission must make the following findings:

      1   The proposed development will provide a pleasant and attractive living environment;

      2   The proposed development will create no detriment to adjacent properties nor to the general area in which it is located; and that it will be in substantial harmony with the character of existing developments in the area;

      3   The project will provide more efficient use of the land and more usable open space than a conventional development permitted in the surrounding area;

      4   Increased densities allowed within the proposed planned unit development will be compensated by better site design and by the provision of increased amenities and recreational facilities; and

      5   The development will not create increased hazards to health, safety or general welfare of the residents of the proposed planned unit development or adjacent areas.

   C   The planning commission may impose such conditions on preliminary development plans as it may deem appropriate to meet the goals and objectives of this title and chapter, or may disapprove a planned unit development which is found to be deficient in meeting the intent of these provisions.

      1   Right To Appeal: Any such disapproval may be appealed by the petitioner to the city council by filing a written appeal with the zoning administrator within ten (10) days after the decision by the planning commission.

   D   Upon approval of a preliminary plan for a planned unit development, the planning commission shall certify the plan to the city council and shall authorize the zoning administrator to so notify the city council of the action taken. (Ord. 2012-01, 7-10-2012)

After receiving notice of the planning commission's approval of the preliminary plans for a planned unit development, the city council shall schedule a public hearing and provide reasonable notice of the hearing at least fourteen (14) days before the date of the hearing.

After the public hearing, the city council may either:

   A   Approve the preliminary plans;

   B   Grant conditional approval of the preliminary plans, contingent on concurrence of the planning commission; or

   C   Reject the preliminary plans. (Ord. 2012-01, 7-10-2012)

   A   Submission Of Final Plan: After the preliminary plan has been approved by the city council, the petitioner shall submit five (5) prints of a final plan to the planning commission through the zoning administrator for approval thereof, showing in detail the following information:

      1   All of the information required for submission with preliminary development plans;

      2   Tabulations of all dwelling units to be constructed by types and number of bedrooms per unit;

      3   Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern including proposed ownership;

      4   Preliminary building plans, including floor plans and exterior elevations;

      5   Detailed landscaping plans showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems;

      6   Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress;

      7   Detailed engineering plans and final subdivision plat showing the site grading, street improvements, drainage and public utility locations and, if required by the zoning administrator, submission of the engineering feasibility studies;

      8   A copy of protective covenants, association bylaws, articles of incorporation, bonds and guarantees, as required by the zoning administrator and/or the city attorney;

      9   A certificate of title showing the ownership of the land;

      10   A certificate of acceptance by the city council for any dedication of city streets and other public areas, if any, that are made by the owners; and

      11   A certificate of accuracy by an engineer or land surveyor registered to practice in the state.

   B   Filing Fee: A filing fee, as established by resolution, shall accompany the final plan.

   C   Time Limitation: Failure of the petitioner to submit a final development plan within one year of the approval of the preliminary development plan shall terminate all proceedings and render the preliminary development plan null and void.

   D   Approval Of Planning Commission: Final approval from the planning commission shall be contingent on:

      1   The petitioner's timely submission and acceptance by the planning commission of all information outlined in subsections A1 through A11 of this section;

      2   Submission of any other information the planning commission deems necessary to carry out the intent of this chapter; and

      3   As applicable, evidence of the petitioner's compliance with section 10-14-14, "Performance Guarantee", of this chapter.

      4   Upon approval of the final plan, the planning commission shall certify the plan to the city council and shall authorize the zoning administrator to so notify the city council of the action taken.

   E   Approval By City Council: After receiving notice of the planning commission's approval of the final plan, the city council may either approve or reject the final plan. (Ord. 2012-01, 7-10-2012)

Planned unit developments may be carried out in progressive stages, provided assurance is given to the city that each stage will comply with the requirements and intent of this title and chapter, with the following provisions:

   A   Each stage shall be considered as a separate application;

   B   No final plan for each stage shall cover less than three (3) acres when such projects are part of the overall project as shown on the approved preliminary plat;

   C   Phase 1 shall be the completion of infrastructure and unit models, which are not to be sold;

   D   Ingress/egress must meet minimum safety requirements regardless of where phases end;

   E   The infrastructure for phase 1 shall be approved by the planning commission and completed before any other phase construction will be considered. (Ord. 2012-01, 7-10-2012)

The applicant (owner) of any planned unit development which is being developed as a condominium project under the provisions of the condominium ownership act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the zoning administrator a master deed consisting of a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Such master deed shall include management policies which shall set forth the quality of maintenance that will be performed, and who is to be responsible for such maintenance within such condominium development. The document shall, as a minimum, contain the following:

   A   The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development;

   B   The establishment of a management committee with provision setting forth the number of persons constituting the committee, the method of selection and the powers and duties of such committee;

   C   The method of calling a meeting of the members of the corporation or association, with the members thereof that will constitute a quorum authorized to transact business;

   D   The method proposed for maintenance, repair and replacement of common areas and facilities, and distribution of costs therefor;

   E   The manner of collection from unit owners for their share of common expenses, and the method of assessment;

   F   Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair, restore or sell property in the event of damage or destruction of all or part of the project; and

   G   The method by which the declaration may be amended. The declaration required herein, any amendment and any instrument affecting the property or any unit therein shall be approved by the city council and recorded with the county recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. The declaration and amendments thereto shall be maintained as part of the final development plan for the planned unit development. (Ord. 2012-01, 7-10-2012)

   A   Bond Requirement: In order to ensure that the planned unit development will be constructed to completion in accordance with approved plans, the petitioner shall post a bond or mortgage or other valuable assurance acceptable to the city council in the form of a surety bond, letter of credit, cash escrow, first deed of trust, or similar collateral in an amount equal to one hundred twenty five percent (125%) of the estimated cost of all required landscaping, road improvements, pedestrianways, curbs and gutters, hard surfacing, water and sewer lines and domestic sewage disposal facilities and common facilities as shown on the final plat/plan. City staff shall verify the correct amount of the bond based upon review of the cost of the required improvements. The duration of the bond shall be equivalent to the time deadlines specified in the improvements agreement which, in any case, shall not exceed twenty four (24) months from the date of approval. Final determination of the amount of the bond or other assurance shall be made by the city council. No building permit for any portion of a planned unit development shall be issued until the final plan thereof has been approved by the city council. Compliance with all material terms of the improvements agreement and the final plat/plan shall be a prerequisite to the developer obtaining a building permit for individual dwellings and/or a certificate of occupancy or zoning compliance.

      1   Bond Duration: The duration of the bond or other assurance shall be for two (2) years from the date of approval of the development by the city council. An extension of time may be granted by the city council upon application by the petitioners, provided such application is submitted at least sixty (60) days prior to the expiration of the bond and provided the issuer of the bond is willing to extend the time of the assurance.

   B   Retention Of Open Space: Adequate guarantees shall be provided for permanent retention of the open space area as follows:

      1   The city shall require the petitioner to furnish and record protective covenants, which will guarantee the retention of the open land area. The city shall also require the creation of an association granting beneficial rights to the open space to all owners or occupants of land within the development;

      2   The petitioner shall be required to develop and maintain all open space, unless part of or all of it is contiguous to and is made a part of an existing park;

      3   In the case of private reservation, the open space to be reserved shall be protected against subsequent building development by conveying to the city, as part of the condition for project approval, an open space easement over such open areas, restricting the area against future building or use, except as approved on the final development plan;

      4   The care and maintenance of such open space reservation shall be ensured by the petitioner by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof and an assessment of the property owners within the planned unit development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the city and made a part of the conditions of the final plan approval.

   C   Default: Developers who: 1) fail to timely complete the approved plan; 2) fail to complete construction in a quality manner; 3) allow mechanics' liens to attach to improvements; or 4) otherwise fail to comply with the approved plan shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of time, not to exceed thirty (30) days, in which to cure any noncompliance with the improvements agreement.

      1   Default of any portion of this subsection C will have consequential effects: a) the developer shall be enjoined from any conveyance or transfer of platted lots; b) no further building permits will be issued; and c) a certificate of zoning compliance will not be issued for any structures completed to that date. In addition, the city may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case, the city shall be entitled to recover from the developer the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees.

      2   Upon certification of completion by the appropriate staff, and acceptance of the improvements, free and clear of all liens and encumbrances, the city shall execute a written acceptance and release the bond or other collateral. Partial releases of collateral are authorized as improvements are completed and accepted in accordance with the phasing plan approved as part of the final plat/plan.

   D   Right To Hearing: A developer contesting a notice of violation may request a hearing before the city council by submitting a written request no later than ten (10) days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. (Ord. 2012-01, 7-10-2012)

The petitioner shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other assurance, the zoning administrator shall make a preliminary inspection of the improvements and shall submit a report to the city council setting forth the conditions of such facilities. If all liens are paid and other conditions thereof are found satisfactory, the city council shall release the bond or other assurance. If the condition of the material or workmanship shows unusual depreciation or does not comply with the acceptable standards of durability, or if any outstanding liens are not paid, the city council may declare the petitioner in default. (Ord. 2012-01, 7-10-2012)

In case of failure or neglect to comply with any and/or all of the conditions and regulations as herein established, and as specifically made applicable to a planned unit development, the zoning administrator shall not issue a certificate of zoning compliance therefor. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions of approval thereafter shall also be deemed a violation of this chapter. (Ord. 2012-01, 7-10-2012)