The ordinance contained in Article 22-7 shall be known as the "Planned Residential Development Ordinance" or "PRD Ordinance."

(Ord. No. 661, Revised, 04/10/1990; ​Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

1. The purpose of the PRD Ordinance is to create diverse and quality housing in the City of Orem.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. The purpose of the PRD Ordinance is accomplished by:
   1. Allowing densities higher than a typical residential development;
   2. Establishing standards for landscaping, building and site design, public safety, parking, aesthetics, traffic circulation, fencing, lighting, and other similar site improvements; and
   3. Requiring standards that enable PRDs to fit into the surrounding neighborhoods.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

The City Council makes the following findings:

1. After consultation with homeowners' groups, housing industry representatives, and municipal officials, the primary concerns with multifamily developments are related to residential density, design issues, and fitting in with existing neighborhoods. The preference is for Orem to be predominantly a single-family community and secondarily a multifamily community.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-011, Amended, 06/30/1992; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003)

2. Requiring standards for multifamily housing will help preserve the quality of housing in the future.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001

3. Residents and local officials in Orem prefer to see multifamily housing dispersed throughout the City.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003)

4. Although multifamily housing has enjoyed a strong market demand as an alternative to the traditional single-family housing, additional standards for multifamily housing are necessary to ensure adequate light, air, privacy, and open space for each dwelling unit, and to protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003)

5. Planned Residential Developments can contain both single-family and multifamily housing in the PRD zone as long as strict standards require Planned Residential Developments to fit in with the surrounding neighborhoods.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003)

6. Planned Residential Developments should be at least one and one-half (1.5) acres in size to meet the intent of the PRD Ordinance.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003)

Effective on: 1/1/1901

1. A Planned Residential Development, hereinafter referred to as a PRD, is a permitted use in the PRD zone and is not permitted in any other zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003; Ord. No.O-2015-0012, Amended May 12, 2015)

2. In order to preserve property adjacent to I-15 for commercial and office uses, effective April 22, 2015, the PRD zone may not be applied to any property located in the following areas:
   1. Between 1200 West and Interstate 15 and north of Center Street.
   2. Between Sandhill Road and Interstate 15 and south of University Parkway.

   Properties in the above areas that were zoned PRD prior to April 22, 2015 may be developed under the standards of the PRD zone as set forth in this Article 22-7

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2015-0012, Amended May 12, 2015)

3. PRDs include single-family dwellings, twin homes, condominiums, townhouses, zero lot line developments, and apartments developed under this Article.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; O-2015-0012, Amended May 12, 2015)

4. Accessory apartments shall not be permitted in PRDs.

(Ord. No. O-2015-0012, Enacted May 12, 2015)

Effective on: 1/1/1901

1. Concept Plan. A Concept Plan shall be submitted with every application to apply the PRD zone to a parcel of property. The Concept Plan shall at a minimum include the following:
   1. A layout of all parking areas, residential units, amenities, open spaces, landscaped areas, drive accesses, proposed building footprints, building heights and the orientation of all buildings;
   2. Architectural renderings that illustrate the architectural style(s), materials, and designs to be employed in the development;
   3. The total number of residential units and the number of residential units per acre;
   4. A topographic map of the subject property and adjacent property within three hundred feet (300') of the subject property;
   5. A tabulation of the total land area and percentage thereof designated for various proposed uses;
   6. A general circulation plan indicating public vehicular and pedestrian ways;
   7. Any additional information that the City may deem necessary to determine whether the proposed PRD zone is in the interest of the public health, safety and welfare.

   All development in a PRD zone shall be developed in substantial conformance with the Concept Plan approved as part of the PRD zone application. An approved Concept Plan shall be made a part of Appendix KK of the Orem City Code.  The total number of residential units allowed in a PRD zone shall not exceed the number of residential units shown in the approved Concept Plan. An approved Concept Plan may be modified in the same manner as an amendment to the zoning ordinance. However, the City Council shall not be obligated to approve an amended Concept Plan even if a proposed amended Concept Plan otherwise complies with all requirements of the PRD zone.

(Ord. No. O-2016-0003, Enacted 01/12/2016; Ord. No. O-2019-0002, Amended 2/12/2019)

2. Site Plan.
   1. Anyone desiring to develop a PRD in the PRD zone shall first submit a Development Review Application for site plan approval. The applicant shall provide all requirements of the site plan to the City before the City considers the application submitted and before action is taken. The application for a site plan shall include all necessary fees and documentation required by this Article.
   2. The Development Review Committee shall review the site plan and give its recommendations to the Planning Commission.
   3. The Planning Commission is the final approving authority for all PRD site plans.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01 0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003; Ord. No. O-2016-0003, Renumbered 01/12/2016)

3. Final Plat.
   1. The site plan must be approved by the Planning Commission before the final plat can be approved.
   2. The developer shall submit a Development Review Application for final plat approval of all or part of the PRD together with all required fees. The final plat shall be prepared by the developer's surveyor and engineer.
   3. The Development Review Committee shall review the final plat and give their recommendations to the Public Works Director.
   4. The City Engineer is the final approving authority for final plats and shall approve the application request if it meets the requirements of the approved site plan and all applicable City ordinances.
   5. Failure to submit a final plat within two (2) years of the date of approval of the site plan shall terminate all proceedings and render approval of the site plan null and void. The final plat shall expire and be void one (1) year after approval by the City, unless the Office of the Utah County Recorder has recorded the plat.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-94-0042, Amended, 12/13/1994; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01 0021, Amended, 06/12/2001; Ord. No. O-2016-0003, Amended and Renumbered 01/12/2016)

Effective on: 4/10/1990

1. Submittal. The applicant shall submit the site plan for a PRD to the Department of Development Services. At that time the applicant shall pay a fee in an amount established by Resolution of the City Council. No development, construction, revisions, or additions shall take place on the site until the Planning Commission has approved the site plan, the City has recorded the final plat, and the developer has posted the necessary bonds and obtained the appropriate permits. Applicants for amended site plans for PRDs shall follow the same procedures, pay the same fees, and be bound by the same development standards and requirements as applicants for site plans for PRDs. The City Manager or designee has the authority to make minor amendments to the site plan where such amendments are in compliance with the ordinance and the site plan is not materially altered.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Contents of Site plan. The site plan for a PRD shall be a document consisting of one or more pages of maps and drawings drawn to scale. The applicant shall submit five (5) copies of the proposed site plan to the Department of Development Services. One of the copies shall be 11" x 17", and the other four copies shall be at least 8 ½" x 11", but not larger than 24" x 36". The applicant shall also submit one computer aided design (CAD) drawing on a computer disk formatted and compatible with the City's computer system of each sheet of the site plan. The developer shall submit a site plan drawn to a scale large enough to clearly show all details and in any case not smaller than sixty feet (60') to the inch. The site plan for a PRD shall include the following items:
   1. Name of Development
   2. Name and address of applicant.
   3. Name and address of owner of property.
   4. North arrow.
   5. Scale of drawing.
   6. Area of lot in square feet.
   7. Lot line dimensions.
   8. A vicinity map containing sufficient information to accurately locate the property shown on the plan.
   9. Tabulation table in the following format:

1. 10. Names and locations of fronting streets and locations and dimensions of public streets, private streets, and driveways.
   11. Footprints of existing and proposed buildings and structures to include a notation of each unit's height above the grade.
   12. Location and size of existing and proposed sewer lines and manholes, storm drains and manholes, supply main valves, water lines, culverts, and fire hydrants within the tract and within two hundred (200) feet of the boundaries of the proposed development.
   13. Location of existing and proposed fire protection devices.
   14. Location, dimensions, and distance to property lines of existing and proposed drive access.
   15. Location and dimensions of existing and proposed curbs, gutters, and sidewalks.
   16. Location and dimensions of off-street parking spaces.
   17. Location and type of surface water drainage system.
   18. Detailed landscape plan showing the specific types and locations of landscaping prepared by a landscape architect licensed to practice in Utah. The underground sprinkling system shall be included as a part of the landscape plan.
   19. Drawings of proposed structure elevations, including covered parking, showing the height, dimensions, appearance, materials proposed, and percentage of each material used on each building elevation.
   20. Location and description (height, materials) of existing and proposed fences.
   21. Location and description (dimensions, distance to property lines and type of lighting (direct or indirect)) of existing and proposed signs.
   22. Location of consolidated open space.
   23. Location and type of solid waste disposal facilities.
   24. Traffic analysis as required by Section 22-7-12(M) of this Chapter.
   25. Traffic circulation plan showing that development of the PRD will not hinder coordinated development of adjacent undeveloped land or land to be developed as part of the PRD.
   26. Dwellings and other structures, parks, playgrounds, common areas and facilities, limited common areas, private areas and facilities, and other improvements within the PRD.
   27. A security lighting plan.
   28. Soils study as required by Section 22-7-12(I) of this Chapter.
   29. A map of existing and proposed contours drawn at two foot intervals with spot elevations showing existing and proposed finished grades.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003)

Effective on: 1/1/1901

1. The procedure for site plan approval shall be as follows:
   1. Development Review Committee. The Department of Development Services shall forward the proposed site plan to the Development Review Committee for initial review. The Development Review Committee shall review the site plan while considering whether it complies with the Orem General Plan and all City ordinances, resolutions, and policies. The site plan shall comply with the Orem General Plan and all City ordinances, resolutions, and policies before the Planning Commission can review the application.
   2. Planning Commission. The Planning Commission shall review the site plan and be the final approving authority for all site plans for PRDs. The Planning Commission shall consider whether the proposed site plan complies with all City ordinances, resolutions, and policies when reviewing a site plan for a PRD.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-94-0042, Amended, 12/13/1994; Ord. No. O-96-0026, Amended, 12/10/1996; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. The applicant shall not amend or change any approved site plan without first following the procedure for approval of site plans.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-94-0042, Amended, 12/13/1994; Ord. No. O-96-0026, Amended, 12/10/1996; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

3. The Planning Commission may impose conditions on the site plan to mitigate dangerous hazards where there is substantiated evidence that a real safety hazard exists.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-94-0042, Amended, 12/13/1994; Ord. No. O-96-0026, Amended, 12/10/1996; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

1. The form and contents of the final plat shall contain all of the requirements listed in Article 17-5 of the Orem City Code. The final plat shall also contain the following information:
   1. A designation of common areas, limited common areas, and private ownership areas.
   2. For condominiums, three dimensional drawings of buildings and building elevations. In the case where the PRD is a condominium project, the developer shall submit a written statement by an attorney who is licensed to practice in Utah. This written statement shall be the attorney's opinion that the condominium declaration, the subdivision plat and the other supporting documentation comply in all respects with the Utah Condominium Ownership Act (UCA Sec. 57-8-1, et seq.) as well as all applicable federal, state and local laws and ordinances and that when the office of the Utah County Recorder has recorded the condominium declaration and final plat, the proposed project will be a validly existing and lawful condominium project in all respects.
   3. Written copies of any required agreements with property owners adjacent to the proposed PRD, or with any other person.
   4. Written approval of adjoining ditch or canal companies authorizing mandatory fencing of canals or piping of ditches.
   5. Plat restrictions, lot restrictions, and other information required by the Planning Commission or City Council.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. PRD site plans may be built in phases as long as each phase of a PRD complies with all of the requirements of this ordinance, except, however, that a phase of a PRD may be less than 1.5 acres.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

3. The Director of Public Works shall approve the final plat of the PRD provided he/she finds that:
   1. The applicant has redrawn the site plan to incorporate all the requirements as approved by the Planning Commission and has submitted the corrected site plan with the final plat.
   2. The applicant has incorporated all of the improvements and conditions of the approved site plan into the final plat.
   3. The City Engineer has approved all construction drawings of the PRD.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

4. The City shall record the final plat after it obtains all of the required signatures and after it receives all of the required bonds and fees.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

The City shall not issue a building permit for any project until the final plat has been recorded by the City.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

The developer must complete all of the improvements required by the approved site plan for the final plat within one year of the date of recording of the final plat. If the improvements are not completed within the time specified, the City shall have the option of taking action on the bond to complete the improvements.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Every PRD shall conform to the approved site plan. The applicant or any other person or entity shall not add any structures or make any improvements or changes to a PRD that did not appear on the approved site plan. The applicant and subsequent owners and applicable associations shall maintain all improvements shown on the site plan in a neat and attractive manner. Failure to complete or maintain a PRD in accordance with this Article and with the approved site plan is a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceeding against any person, firm, entity or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer or otherwise, for failure to complete or maintain a PRD in accordance with this Article and with the approved site plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

The following development standards and requirements shall apply to all PRDs.

1. Density. The number of residential dwelling units permitted in a PRD zone shall be limited to the number of units shown in the approved concept plan for the given area.  The density of any development in a PRD zone (as shown in a concept plan) shall not exceed the maximum density allowed for the area in which it is located.  The maximum density in a PRD is seven (7) dwelling units per gross acre. However, the maximum density may be increased in the following situations:
   1. A PRD located north of Center Street and between Interstate 15 and 1200 West may be developed at a maximum density of sixteen (16) dwelling units per gross acre.
   2. A PRD located between 1660 South and 1746 South between Sandhill Road and Interstate 15 may be developed at a maximum density of sixteen (16) dwelling units per gross acre.
   3. In order to encourage redevelopment of dilapidated or blighted areas, the total number of allowable dwelling units in a PRD may be increased by three (3) additional dwelling units for every principal residential structure that is removed from the property on which the new PRD is located. However, the total density including any bonus for removing an existing dwelling may not in any case exceed twenty (20) units per acre for a PRD located north of Center Street and between Interstate 15 and 1200 West, may not exceed sixteen (16) units per acre for a PRD located between 1660 south and 1746 south between Sandhill Road and Interstate 15, and may not exceed eight (8) units per acre for PRDs located in all other areas of the City.

(Ord. No. O-92-011, Enacted, 06/30/1992; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003; Ord. No. O-03-0032, Amended, 09/23/2003; Ord. No. O-07-0028, Amended 06/12/2007; Ord. No. O-09-0001, Amended 01/13/2009; Ord. No. O-2019-0002, Amended 2/12/2019)

2. Height.
   1. General height requirement. Except as provided in subsection (2) below, structures shall be limited to one story above grade. However, a primary structure may have a second story only if (1) the structure does not have a basement and (2) the area of the second story that has headroom of five feet or more is limited to seventy-five percent (75%) of the first story floor area. No part of a structure shall exceed a maximum height of thirty feet (30') above grade.
      2. Specific height requirements. Structures in PRDs located north of Center Street and between Interstate 15 and 1200 West, and structures in PRDs located between 1660 South and 1746 South between Sandhill Road and Interstate 15 shall not exceed three (3) stories above grade and shall not exceed a height of forty (40) feet above grade.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003; Ord. No. O-03-0032, Amended, 09/23/2003; Ord. No. O-07-0028, Amended 06/12/2007; Ord. No. O-2016-0019, Amended 06/21/2016)

3. Minimum Area. The minimum area required for any PRD shall be one and one-half (1.5) contiguous acres.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0032, Amended, 09/23/2003)

4. Setbacks. The following setbacks for primary structures shall apply in the PRD zone:
   1. Except as provided below, setbacks from any property not part of the PRD and from all public streets shall be at least twenty-five (25) feet. The setback when adjacent to a separated sidewalk shall be thirty-two (32) feet to the garage and twenty-nine (29) feet to all other parts of the structure as measured from the back of curb. The side setback adjacent to a separated sidewalk shall be twenty-four (24) feet from back of curb.
   2. Single story units in a PRD built at a gross density of six (6) units per acre or less shall be set back at least twenty feet (20’) from any other property not a part of the PRD.
   3. Setbacks from Interstate 15 right-of-way and commercially zoned properties shall be at least 10 feet.
   4. All primary structures within the PRD zone shall be set back at least eight (8) feet from all other primary structures.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0013, Amended, 04/10/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0032, Amended, 09/23/2003; Ord. No. O-05-0003, Amended, 01/11/2005; Ord. No. O-2016-0003, 01/12/2016)

5. Utilities. The public sewer system and the public water supply shall serve all dwellings. All utilities shall be underground. The developer shall individually meter natural gas and electricity for each individual dwelling except that with apartment developments each building is required to have a minimum of one meter for natural gas and electricity. Compliance with the provisions of CHAPTER 21 of the Orem City Code for water meter connections is required. No water or sewer lines shall be located under covered parking areas.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Fences.
   1. Perimeter Fences. Developers shall erect a fence with a minimum height of six feet (6') on the perimeter of all PRDs, except that no fence is required along street frontages. However, if the applicant desires a fence along a street frontage, the Planning Commission may approve the fence upon a favorable recommendation from the City Traffic Engineer that the fence does not interfere with traffic safety. The perimeter fence shall have a consistent design throughout the project and use the same construction materials for the entire fence. The purpose of the fencing requirement is to buffer the surrounding residential neighborhoods from the PRD and to buffer the PRD from surrounding commercial and manufacturing uses. The Planning Commission may waive the fencing requirement if the topography is such that the fence does not meet the purpose of the fencing requirement. If the developer uses sight-obscuring materials, he/she shall paint the sight obscuring materials with a high-grade oil base paint/sealant that resists graffiti. Vinyl fences and chain link fences with slats do not need to be painted.
   2. Patio/Limited Common Area Fences. A patio or limited common area adjacent to the rear of a dwelling unit may be enclosed with a six-foot (6’) high maximum fence provided, however, that such fence includes an access gate from the common area. The minimum width and length of the common area leading to the gate shall be fifteen (15) feet. Stacked residential units shall have no fences other than the perimeter fence.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-07-0020, Amended 03/27/2007)

7. Landscaping.
   1. All land within a PRD not covered by buildings, driveways, sidewalks, structures, and patios shall be designated as common area and shall be permanently landscaped and maintained in accordance with good landscaping practice. All required setback areas adjacent to public or private streets shall be landscaped. Deciduous trees shall be planted and maintained in the landscape strips located between the curb and the sidewalk adjacent to a public street with at least one tree for every forty feet and spaced no more than forty feet apart. However, trees in a landscape strip may be clustered in situations where the City Engineer determines that such clustering is necessary to avoid interference with public utilities. All landscaping shall have a permanent underground sprinkling system..
   2. At least forty percent (40%) of the net acreage (area of the development less public and private streets) of the entire development shall remain permanently landscaped.
   3. At least one (1) deciduous tree at least two (2) inch caliper measured four feet (4') above the ground, one (1) evergreen tree at least five (5) gallons in size, and sixteen (16) evergreen shrubs at least five (5) gallons in size are required for every two dwellings.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0032, Amended, 09/23/2003; Ord. No. O-06-0041, Amended 12/12/2006; Ord. No. O-07-0020, Amended 03/27/2007; Ord. No. O-07-0028, Amended 06/12/2007; Ord. No. O-2016-0003, Amended 01/12/2016; Ord. No. O-2016-0019, Amended 06/21/2016; Ord. No. O-2019-0013, Amended 5/14/19)

8. Lighting Plan. All PRDs shall include a lighting plan. The lighting plan shall be designed to:
   1. discourage crime;
   2. enhance the safety of the residents and guests of the PRD;
   3. prevent glare onto adjacent properties; and enhance the appearance and design of the project.

   All PRD homeowners' associations and apartment owners are required to control and meter all outside lighting shown on the lighting plan except for front and back door lighting. The lighting plan shall designate which lighting shall be commonly metered to the association or owner.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Soils Report. For PRDs developed in areas of sensitive soils, a soils engineer shall prepare and submit a report to provide engineering information to determine special engineering needs of the site. A map entitled "Sensitive Soils Map of the City of Orem" which is part of the Orem City Code, Appendix F, and which shall have the force and effect of law shall determine areas of sensitive soils.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

10. Parking. There shall be a minimum of two (2) parking spaces provided for each dwelling, one of which shall be covered. There shall also be a minimum of one half (½) parking space for each dwelling for guest parking within the development. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces shall measure at least nine feet (9') by eighteen feet (18). Developers shall pave with asphalt and/or concrete all parking spaces, parking areas, and driveways and provide proper drainage. Drainage shall not be channeled or caused to flow across pedestrian walk ways. The architecture of all covered parking structures shall be the same as the architecture of the main structures within the PRD.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

11. Recreational Vehicle Storage. Owners shall not park or store recreational vehicles within a PRD except in an area the City Council has approved as part of the site plan for the storage of recreational vehicles. This requirement, with appropriate enforcement provisions, shall be included in all Covenants, Conditions and Restrictions, that run with the property; homeowners association bylaws; leases; rental agreements; etc. Land included in an approved RV storage area may be counted towards the 40% landscaping requirement; provided however, a maximum of 2% of the net acreage of the project may be used for this credit, so that in no event will the total amount of actual landscaping be less than 38% of the project net acreage. The developer shall enclose RV storage areas with a six foot (6') high sight obscuring fence and pave the area with concrete or asphalt.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2019-0013, Amended 5/14/19​​​​​​​)

12. Streets.
    1. For the purposes of this Article the following definitions apply:
       1. Public Street shall mean a right-of-way owned and maintained by the City.
       2. Private Street shall mean a vehicular right-of-way owned and maintained privately that has a right-of-way width of less than forty-six feet (46') and no less than thirty-six feet (36') in width.
       3. Private Drive shall mean a vehicular right-of-way owned and maintained privately that is less than thirty-six feet (36') in width and is no less than twenty-four feet (24') in width.
    2. All streets in a PRD approved after January 6, 2016, shall be public. All streets that are shown on the Orem Transportation Master Plan shall be developed as public streets according to the size and general location shown on the Orem City Master Street Plan. The Planning Commission has the authority to require streets in a PRD to connect with other public streets outside the PRD where such connection is necessary for good traffic circulation in the area.
    3. A public street that is projected to have average daily traffic (ADT) of 800 or less shall have a minimum right of way width of at least thirty-two feet (32’). All other public streets shall have a right of way width of at least forty-six feet (46'). All public streets in a PRD shall be paved with either concrete or asphalt and shall be constructed in conformance with City standards and specifications. All public streets shall also include curb and gutter on both sides and shall be dedicated to the City.
    4. A buffered sidewalk shall be constructed and maintained on both sides of a public street. The buffered sidewalk shall be public and shall consist of a sidewalk at least five feet in width separated from the street by a landscaped planter strip at least eight feet in width. The Planning Commission may waive the buffered sidewalk requirement if it finds that compliance with the requirement would be functionally or aesthetically inconsistent with existing development located near or adjacent to the PRD.
    5. A private drive shall be allowed only if the following conditions are met:
       1. Development of a part of the PRD with a public street is not practicable.
       2. The private drive will not extend to or provide service to another property or parcel not included in the PRD unless there is no reasonable way to access existing parcels contiguous to a public street.
       3. The private drive will not provide access or travel between, or otherwise connect with two (2) or more public streets unless the street or drive is designed to discourage through traffic.
       4. The private drive is designed by a qualified civil engineer and constructed to City standards and specifications.
       5. The private drive is designated on the final plat as a perpetual right-of-way and public utility easement.
       6. All access points from public streets have "Private Drive" signs installed.
       7. The private drive has a minimum width of twenty-four feet (24’) and a maximum width of thirty-six feet (36’) and is paved with either concrete or asphalt.
       8. No private drive or portion of a private drive that has only one exit (a dead-end) accesses or services more than four units.
    6. A private drive may be required to be wider than the minimum width if necessary to insure traffic and pedestrian safety or to reduce traffic congestion.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0032, Amended, 09/23/2003; Ord. No. O-2016-0003, Ord No. O-2016-0003, Amended 01/12/2016; Ord. No. O-2016-0019, Amended 06/21/2016)

13. Traffic Analysis. For PRDs developed in areas adjacent to a public street with a level of service of "C" or worse, or for any project of twenty-five (25) dwellings or more, a professional traffic engineer shall prepare a traffic study to show what traffic mitigation measures may be necessary for the PRD. The Traffic Engineer may impose traffic mitigation requirements based on this or other traffic studies.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0032, Amended, 09/23/2003)

14. Off-site Improvements. The City shall require off-site curb, gutter and sidewalk along street rights-of-way bordering the site when the proposed PRD impairs off-site safety or surface water drainage and there is a nexus between the required improvements and the governmental purpose provided the amount of the improvements are roughly proportional to the amount of the off-site impact caused by the PRD.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

15. Irrigation Ditches. Developers shall pipe irrigation ditches within the PRD or along street rights-of-way adjacent to the PRD.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

16. Storage Areas and Solid Waste Receptacles. All outside storage areas, except RV storage areas, and all solid waste receptacles which are not located within a building, shall be enclosed on at least three sides with the same materials as used on the exterior of the main structures within the PRD.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

17. Exterior Finishing Materials. The front elevation of PRD dwellings shall have at least sixty percent (60%) of its exterior finishing materials of either brick, stone, cultured stone, stucco, wood, or a combination of these materials. The rear and side elevations shall have at least forty percent (40%) of their exterior finishing materials of either brick, stone, cultured stone, stucco, or wood. Architectural trims do not count in the percentages required above.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

18. Roof Pitch. The architecture and design of all buildings in a PRD, including roof elevations, shall substantially conform to the architectural renderings included as part of the approved Concept Plan.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2016-0019, Amended 06/21/2016)

19. Front Facades. The front of each attached dwelling shall have offsetting facades of at least two feet (2').

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

20. Homeowner's Association. The applicant shall establish a home owners association for every PRD containing common or limited common property, with more than one owner for the purpose of maintaining the PRD. The homeowner's association, the individual property owners, and tenants shall maintain the PRD in accordance with the approved site plan.

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

21. Consolidation of Open Spaces. All PRDs with a density over nine units per acre shall include at least two (2) or more open spaces in the forty percent (40%) landscaping requirement. An open space is a single, contiguous landscaped area that may also include recreational facilities such as playground equipment, basketball or tennis court, swimming pool, etc. The consolidated open space shall be at least two hundred twenty-five (225) square feet for each dwelling unit in the PRD and shall not be located within any required setback adjacent to a public street. Developers shall landscape the open space and design it as a recreational area for both children and adults. The open space shall be designed so that a horizontal rectangle inscribed within it has no dimension less than forty feet (40'). The consolidated open space requirement shall not have more than fifty percent (50%) of the area with slopes more than thirty percent (30%).

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2019-0013, Amended 5/14/19​​​​​​​​​​​​​​)

22. Storm Water Runoff Plan. All PRDs shall have a storm water runoff plan designed to accommodate a 25-year storm and a detention system with a maximum allowable discharge rate of sixty gallons per minute per acre (60 g.p.m./ac).

(Ord. No. O-97-0040, Enacted 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

23. Existing Homes. No PRD shall include an existing single-family dwelling. If a single-family dwelling exists on the property where a PRD is proposed, the applicant shall plat separately a lot containing the home. The plat shall comply with the requirements of Article 17 of the Orem City Code.

(Ord. No. O-92-011, Enacted, 06/30/1992; Ord. No. O-97-0040, Rep&ReEn, 08/12/1997; Ord. No. O-01-0013, Amended, 04/10/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0019, Amended, 06/24/2003; Ord. No. O-03-0032, Amended, 09/23/2003; Ord. No. O-05-0003, Amended, 01/11/2005)

Effective on: 5/14/2019

1. Purpose. Prior to the recording of any documents concerning an approved PRD and prior to the issuance of any building permit on ground covered by a PRD, the applicant shall post a bond with the City sufficient in amount to cover the cost of all public improvements required by ordinance, landscaping including sprinkling system, asphalt, curb, gutter, sidewalk, fencing, recreational facilities, piping of irrigation ditches, and any other item required as part of the approved site plan. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within one (1) year of recordation of the approved final plat and that the improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer. The City shall not release this bond until the City accepts the improvements.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Type. The bond shall be an irrevocable letter of credit, escrow bond, cash bond or combination bond in favor of the City. The requirements relating to each of these types of bonds are found in Section 17-6-6 of the Orem City Code. The City reserves the right to reject any of the bond types if it has a rational basis for doing so. The bond shall be delivered to the Department of Development Services.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Amount. The Public Works Director or his designee shall determine the amount of the required bond by estimating the cost of completing the required improvements. The amount of the bond shall be at least one hundred ten percent (110%) of the estimated costs of the required improvements.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Nonwaiver. This section does not waive the bonding, licensing, or permit requirements set forth in other City ordinances except that this section replaces the subdivision bond required in section 17-6-6 Orem City Code.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

5. The City shall not record the final plat until the developer of the PRD has tendered the bond and entered into an agreement with the City in which the developer agrees to install the improvements as required by this Article and agrees to indemnify and hold the City harmless from any claims, suits or judgments arising from the condition of property dedicated to the City, from the time that the property is dedicated to the City to the time when the improvements on the dedicated property are finally accepted by the City (including the passage of the warranty period).

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

6. An applicant may request an extension from the Public Works Director for the completion of improvements of up to two (2) years. The Public Works Director may grant an extension of one year if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

7. If, for any reason, the bonds providing for the guarantee of improvements are insufficient to properly complete the improvements, the developer shall be personally liable to complete the improvements required by this Article.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

8. The bonds required by this Section are for the sole benefit of the City. The bonds are not for the individual benefit of any citizen or identifiable class of citizens, including the owners or purchasers of lots or units within the PRD. The bonds are not for the purpose of ensuring payment of contractors, subcontractors or suppliers of labor or materials, and no contractors, subcontractors or suppliers of labor or materials shall have a cause of action against the City or the bond for providing labor or materials.

(Ord. No. O-97-0040, Enacted, 08/12/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0021, Amended, 06/12/01)

Effective on: 1/1/1901

The following provisions shall apply to all PRDs constructed or approved prior to August 12, 1997:

1. All PRDs constructed or approved prior to the adoption of this Article on August 12, 1997, shall be built and maintained as shown on the approved site plan, shall be known as nonconforming PRDs, and shall be exempt from the provisions of Article 3 of this chapter.

(Ord. No. O-98-0007, Enacted, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001)

2. The City Manager, after review by the Development Review Committee, shall have authority to approve minor site plan amendments to a nonconforming PRD provided:
   1. The number of units or density shall not be increased.
   2. The amount of landscaping shall not be reduced.
   3. The number of parking stalls per unit shall not be reduced.
   4. The Amenities shall not be reduced or substantially changed.
   5. The original site plan shall not be materially changed in a way that detracts from the overall safety or aesthetics of the site
   6. The proposed amendments to the site plan shall not have a material detrimental effect on other properties in the area.

(Ord. No. O-98-0007, Enacted, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001)

3. All other site plan amendments and procedures shall comply with the current ordinance.

(Ord. No. O-98-0007, Enacted, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

1. Except as provided in subsection (B) below, an existing, nonconforming PRD may not be expanded unless the entire site is brought into conformity with current ordinance requirements.

(Ord. No. O-03-0032, Enacted, 09/23/2003)

2. A parcel of property that is located adjacent to an existing legal, nonconforming PRD may be developed according to the standards contained in this Article 22-7 provided that the following conditions are met:
   1. The parcel is at least 16,000 square feet in size.
   2. The existing PRD is located on a lot of at least 1.5 acres as of August 1, 2003.
   3. The parcel is combined with the existing PRD property to form one lot.
   4. All development on the new parcel conforms with the requirements of Article 22-7 and all other City ordinances.
   5. The design of all new development including all exterior finish materials is in harmony and compatible with the exterior finish materials of the existing PRD, although use of the same materials is not necessarily required. This requirement may be waived by the Planning Commission in situations where compliance with the exterior finish requirements of 22-7-12(Q) would make compatibility impracticable. Colors of exterior materials including siding, roofing, and brick shall match those of the existing PRD.

   The new parcel(s) that is combined with the existing PRD may be developed at the density allowed by 22-7-12(A) regardless of the density of the existing PRD.

(Ord. No. O-03-0032, Enacted, 09/23/2003)

Effective on: 1/1/1901