Except as provided in this Article, the development standards of the R20 Zone shall apply to developments within the ROS zone. The minimum lot size in the ROS zone shall be one (1) acre and the minimum lot size in the OS5 zone shall be five (5) acres. However, land in the ROS zone and the OS5 zone may be developed with smaller lot sizes (without increasing the allowed density) provided that the following standards are met:

1. Clustered Development. All residential lots and dwellings are clustered in a way that creates a consolidated and contiguous area of open space.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

2. Minimum Lot Size and Width. Each lot within the clustered development has:

At least 10,000 square feet;

At least 100 feet of lot frontage; and

Direct access to common open space.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

3. Attached units. Attached units are not permitted.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

4. Open Space in the ROS Zone. The required open space in the ROS zone shall meet the following requirements:
   1. The open space must be a part of a contiguous open area of at least five (5) acres, which may be located on one or more parcels. The open space shall be integrated into the residential development and must consist of large areas suitable for recreational uses. Open areas having any dimension of less than 40 feet or other open areas that are not practically useable for recreational purposes because of their location, size, dimensions or other characteristics shall generally not be considered as meeting the intent of the open space requirement.
   2. All open space areas shall be designated as “common area” on the preliminary and final plat with a note indicating that such area(s) must be maintained as open space. Every lot owner in the subdivision shall have an undivided and equal interest in the open space areas. The undivided interest in an open space area may not be separated or sold separately from the ownership of each individual lot. Each lot owner is responsible for an equal part of the taxes assessed on the open space areas. No subdivision or development, except for recreational facilities, shall be allowed in any area designated as open space.
   3. Prior to the approval of any final plat for a development, the owner/developer of a project shall establish a nonprofit homeowners’ association, a trust or other similar mechanism acceptable to the City (hereinafter collectively referred to as an “HOA”), which shall be formed for the purpose of assuming responsibility for the ongoing maintenance of the open space areas. The owner/developer shall submit all documents necessary for the establishment and function of the HOA to the City for review and approval prior to receiving approval of any final plat. Such documents shall include provisions for the allocation of the costs of open space maintenance between the lot owners, an effective means of enforcement and collection of maintenance costs from the lot owners, and a provision that all property owners within the development automatically become a member and/or participant in the HOA upon obtaining an ownership interest in any lot in the development.
   4. The owner/developer of a project shall be responsible for the initial development and installation of all improvements required for the open space areas. The improvements to the open space areas (including sprinkler systems and landscaping where applicable) shall be substantially completed no later than six (6) months after the sale of thirty percent (30%) of the lots in the development. The owner/developer shall also be responsible for the ongoing maintenance and upkeep of the open space areas until such time as at least eighty percent (80%) of the lots in the development have been sold and the owner/developer has transferred the responsibility for maintenance of the open space to the HOA. After the sale of eighty percent (80%) of the lots in the development, the HOA shall be responsible for the maintenance of all open space areas in conformance with the requirements of this Section 22-10-4 of the Orem City Code.
   5. All open space must be maintained by the HOA as recreational uses such as parks, playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses for the common use and benefit of all of the owners of the lots in the development and/or the public. The open space may be dedicated to the City for use as a public park if the City is willing to accept the dedication. Primary buildings may not be constructed in open space areas, but accessory buildings that are subordinate to and customarily incidental to the primary recreational use (such as maintenance and equipment storage buildings) shall be allowed. The open space areas must be maintained free of weeds and controlled in such a way as to prevent the open spaces from becoming a nuisance.
   6. If, for any reason the HOA ceases to exist or fails to maintain the open space areas as required, the lot owners shall be equally responsible for such maintenance. If the HOA and/or the owners fail to maintain the open space areas, the City shall have the right to enter upon the open space areas through its employees or contractors to complete the maintenance. The expenses of providing the maintenance plus a surcharge of thirty percent (30%) of the maintenance costs may be assessed against the lots in the development and the City may file a lien against the lots to ensure payment of the costs and the surcharge. Failure to maintain an open space area shall also be considered a violation of this Section 22-10-4 and the City may institute criminal or civil proceedings to enforce the maintenance requirement.
   7. Both the preliminary and final plat shall include the provisions of Subsections 22-10-4(D)(5) and (6) of the Orem City Code as covenants, conditions and restrictions that shall be deemed to run with the land.
   8. The owner/developer of a project shall be required to record with the office of the Utah County Recorder a separate declaration of covenants, conditions and restrictions which includes all of the provisions listed in subsections 22-10-4(D)(2), (5) and (6) of the Orem City Code as covenants, conditions and restrictions. The declaration of covenants, conditions and restrictions shall be made applicable to all property included within the development.
   9. The Planning Commission may deny a preliminary plat and the City Engineer may deny a final plat if the open space shown on the plat does not comply with the provisions or intent of the open space requirements described in this section.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

5. Open Space in the OS5 zone. The required open space in the OS5 zone shall either comply with all of the open space requirements of the ROS zone, or in the alternative shall comply with the following requirements:
   1. The open space must be a part of a contiguous area of at least ten (10) acres, which may be located on one or more parcels provided that each parcel is at least five (5) acres in size. The open space need not be designated as common area and may be separately owned and sold apart from the ownership of the separate residential lots. However, the required open space areas may not be subdivided into a parcel of less than five (5) acres.
   2. The open space areas may be used only for agricultural uses permitted in the OS5 zone or for noncommercial recreational uses such as parks, playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses for the use and benefit of the owners of the lots in the development and/or the public. No other use or development shall be allowed in any area designated as open space.
   3. Primary buildings may not be constructed in open space areas, but accessory buildings that are subordinate to and customarily incidental to the primary agricultural or recreational use of the open space shall be allowed.
   4. The open space areas must be maintained free of weeds and controlled in such a way as to prevent the open spaces from becoming a nuisance.
   5. Both the preliminary and final plat(s) shall designate the areas to be kept as open space and shall include the provisions of subsections 22-10-4(E)(2),(3) and (4) as covenants and restrictions that shall be deemed to run with the land.
   6. The owner/developer of a project shall be required to record with the office of the Utah County Recorder a separate notice of covenants and restrictions stating that the property is subject to the provisions of subsections 22-10-4(E)(2),(3) and (4) and that said covenants and restrictions run with the land.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

6. Fencing Requirements. All required open space areas in the ROS zone and all residential lots located adjacent to agricultural uses shall include a six-foot (6’) high fence along that portion of the property line in common with the adjacent agricultural use.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

Effective on: 1/1/1901

1. The area around structures shall be kept free from refuse and debris, and all waste containers shall be concealed from the view of adjacent property.

(Ord. No. O-03-0031, Enacted., 07/01/2003)

2. All dwellings shall be provided with a potable water supply and plumbed in accordance with the International Plumbing Code.

(Ord. No. O-03-0031, Enacted., 07/01/2003)

3. The front yard of all lots shall be landscaped within one (1) year of completion of any structure on that lot.

(Ord. No. O-03-0031, Enacted., 07/01/2003)

Effective on: 1/1/1901

Open Space shall mean any area of land or water that (1) is not a part of a residential lot, (2) is devoted to environmental preservation, agricultural production, or outdoor recreation and (3) generally lacks buildings or other structures except for structures that are subordinate to and customarily incidental to the use of the open space.

Effective on: 1/1/1901

Clustered (development) shall mean the concentration of structures in a development on a portion of a tract of land with the purpose of creating a consolidated and contiguous area of open space on the remaining land.

Effective on: 1/1/1901

Recreational Facilities shall mean facilities designed for recreational uses such as parks, playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses. Recreational facilities shall not include primary buildings, but may include accessory buildings that are subordinate to and customarily incidental to the primary recreational use (such as maintenance and equipment storage buildings).

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0031, Enacted, 07/01/2003)

Effective on: 1/1/1901