A.

To provide the city with flexibility in the approval of residential development projects by tailoring development standards and requirements to the unique features of a particular development site. To this end, the development should be planned as one complex land use rather than an aggregation of individual, unrelated buildings located on separate lots.

(Ord. 677, 3-6-2007)

Persons with a legal or equitable interest in the property that is being considered for development in site specific areas of the city as depicted on the Riverdale City land use master plan map.

(Ord. 677, 3-6-2007)

A "PRUD" is a conditional use master planned, architecturally designed development in which the regulations of the underlying zone, where the development is proposed, may be negotiated and modified to allow flexibility and initiative in site and building design and location, in accordance with an approved PRUD plan and requirements of this chapter.

(Ord. 677, 3-6-2007)

All PRUD developments are a conditional use. All agreements and exhibits shall be reviewed by the planning commission and approved by the city council and shall be specific and contain in the overall development plan, the following:

A.

Time Limit: Time limit for completion of development.

B.

Description: Description of the property.

C.

Allowed Uses:

Parks/maintainable, usable open space.

Recreation facilities (clubhouse).

Single-family dwelling.

Swimming pool.

Other uses which provide a service only to the residents of the PRUD.

D.

Welfare: Public health, safety and general welfare shall be observed.

1.

Emergency vehicle access must be provided during all phases of the project from inception through completion.

E.

Density: Per acre density of dwelling units.

F.

Construction Requirements:

1.

City engineering standards shall apply for the following infrastructure and when completed shall be dedicated to Riverdale City:

a.

Streets: The street width along with sidewalk and park strip requirements will be reviewed by the public works and fire departments for their recommendation to the planning commission. The minimum width of all dedicated streets within the PRUD shall be no less than fifty feet (50'); this includes the asphalt driving surface, curbs and gutters, landscaped park strips, sidewalks and a one foot (1') strip of land on the private property side of the sidewalks.

b.

Sewer: Sewer main trunk lines and manholes shall be dedicated to and maintained by Riverdale City. All service lateral lines are owned and maintained by the PRUD association or each individual property owner in the PRUD.

c.

Water: All water meters, water main lines, service lines on the street side of the meters and fire hydrants will be owned and maintained by Riverdale City.

d.

Stormwater: All stormwater lines and inlet boxes in the street right-of-way.

2.

Information provided to Riverdale City to include, but not be limited to:

a.

Geotech report.

b.

Traffic study, as required by the city engineer and public works director when the scope, location, and density of the development or other factors deem it necessary.

c.

Sensitive land study (wetlands).

G.

Setbacks: No rear yard setback of any dwelling within the PRUD shall be closer than twenty feet (20') to the adjacent zone boundary or property outside of the PRUD. All other building setbacks shall comply with the minimum requirements of the building code unless it is the determination of the planning commission that greater setbacks are necessary to provide for open space areas or for access or aesthetic reasons.

All building setbacks shall be reviewed and approved by the planning commission.

H.

Landscaping: All landscaping shall visually enhance and complement the overall development and be installed and maintained in conformance with a landscape plan, which has been approved by the planning commission and city council. A minimum of fifty percent (50%) of the entire development shall be open green space/landscaping.

I.

Screening:

1.

Requirement for fencing/screening shall be reviewed by the planning commission for view and safety.

J.

Usable Open Space: Open space, apart from sensitive areas.

1.

Usable Open Green Space: A planned open area suitable for relaxation, recreation or landscaping which may be held in common or private ownership, provided that all residents of the development shall have a right to enter and use the open space. It should be unoccupied and unobstructed by buildings and hard surfaces such as asphalt or concrete, except that such open green spaces may include walkways, patios, recreational activity areas, picnic pavilions, gazebos and water features.

K.

Parking: The minimum length of individual driveways from front property line to the wall of the dwelling or garage shall be no less than twenty-four feet (24'). There shall be a minimum of two (2) exterior parking spaces per unit. Visitor parking will be evaluated and requirements imposed by the planning commission for all detached dwelling types within a PRUD. For attached townhouse or condominium type development there shall be one visitor parking stall for every two (2) units or fraction thereof.

L.

Architectural Design:

1.

Square footage (lots and homes); if individual dwelling lots are common area, the site plan must represent all common areas that are owned by the PRUD homeowners' association.

2.

Parking area, enclosed or open.

3.

Exterior coverings: There shall be a minimum of forty percent (40%) of brick or rock, and painting of an exterior building element is prohibited.

M.

Layout: Development layout on site plan identifying the location and arrangement of all allowed uses and improvements.

1.

Provide information and identify why it is suitable as a PRUD.

N.

Financial Ability:

1.

Provide ability to financially carry out the proposed project within the time limit established.

2.

Provide an escrow for all the city improvements and no escrow will be released until the project is completed.

3.

An independent finance person or company shall be responsible for the association dues assessed by the association for maintenance and improvements to common areas.

4.

All PRUDs will be licensed yearly by the city with the PRUD's balance sheet and income statement provided with yearly application.

O.

Schedule: Phasing schedule and timing for the provisions of all features, dedications and improvements:

1.

If project is approved to be done in phases, each phase will be completed before the next phase is started.

2.

Clubhouse and amenities will be completed in first phase.

P.

Review: Review and approval of association's CC&Rs (conditions, covenants and restrictions).

Q.

Other: Other conditions, terms, restrictions and requirements for subsequent actions and approvals as stipulated during the review or public hearing process.

(Ord. 733, 5-5-2009)

A.

Ownership: The development may be in single or corporate ownership or the application filed jointly by the owners of the property.

B.

Yard Requirements: The property adjacent to the planned residential unit development shall not be adversely affected and to this end, the planning commission may require, in the absence of appropriate physical boundaries, that uses of least intensity or greatest compatibility be arranged around the boundaries of the project. Yard requirements for setbacks and spacing distances between dwellings shall be approved by the planning commission and subject to the review and requirements of fire department and building department and shall comply with the following:

1.

No rear yard setback of any dwelling within the PRUD shall be closer than twenty feet (20') to adjacent zone boundary or property outside of the PRUD.

C.

Site Development Standards; Signs: Site development standards and sign regulations shall be determined by approval of the site development plan.

D.

Open Space: The city council, upon recommendation of the planning commission, may require the preservation, maintenance and ownership of open space utilizing, at the city's option, one of the following methods:

1.

Dedicating the land as a public park or parkway system; or

2.

Granting to the city a permanent open space easement on and over the said private open spaces to guarantee that the open spaces remain perpetually in recreational use, with ownership and maintenance being the responsibility of a homeowners' association established with articles of association and bylaws which are satisfactory to the city; or

3.

Complying with the provisions of the condominium ownership act of 1953, Utah Code Annotated title 57, chapter 8, which provides for the payment of common expenses for the upkeep of common areas and facilities. Recreation uses and facilities may be developed within the common open space areas in compliance with a recreation and landscaping plan approved as part of the approved final development plan of the planned residential unit development.

4.

If the second or third method, as set forth above, is utilized to maintain the open spaces, but the organization established fails to maintain the open spaces in reasonable order and condition, the city may, at its option, do or contract to have done the required maintenance and shall assess ratably the open space and individually owned properties within the planned residential unit development. Such assessment shall be a lien against property and shall be filed with the county recorder, or the city may initiate appropriate legal action to collect the maintenance fees, together with reasonable attorney fees and costs.

E.

Guarantee: The developer shall be required to provide an escrow in an amount determined by the community development director guaranteeing the completion of the development of the open space, or a phase thereof. When completed in accordance with the approved plan, the bond shall be released. If uncompleted at the end of two (2) years, the community development director will review the progress and may proceed to use the escrow to complete required improvements.

F.

Subdivisions: If the planned residential unit development is to be subsequently divided either as a "subdivision" into a phase development parcel or into separately owned and operated units, such division boundaries shall be indicated in the development plan and preliminary subdivision approval concurrently obtained in the case of a "subdivision".

G.

Applicability of Subdivision Regulations: The subdivision ordinance, chapter 21 of this title, as it now or hereafter may exist applies to all developments.

H.

Adaptable Area: The area shall be adaptable to a unit type development and shall not contain within or through it any ownership or physical barrier which would tend to impair the unit cohesiveness.

I.

Accessory Amenity Uses: Accessory amenity uses may be included in planned residential unit developments as a necessary service to residents of the development as determined by the planning commission, provided agreements and restrictive covenants controlling the proposed uses, ownership, operational characteristics and physical design to the city's satisfaction are filed by and entered into by the developer to ensure that the approved necessary service is maintained.

J.

Changes; Alterations: Once the overall development plan showing details of buildings, structures and uses has been approved by the city council after recommendations of the planning commission, no changes or alterations to such development plans or uses shall be made without first obtaining approval of the community development director. The community development director may require changes to be approved by the planning commission and council.

(Ord. 677, 3-6-2007; Ord. 815, 9-25-2012)

A public hearing shall be held to receive input regarding the PRUD proposal by the planning commission and a recommendation forwarded to the city council. The required notice shall be the notice required by the regular planning commission meeting.

(Ord. 677, 3-6-2007)

A PRUD application may be approved by the city council by ordinance following the receipt of the planning commission recommendation with a finding that the development is consistent with the goals of the city.

(Ord. 677, 3-6-2007)

Unless otherwise modified by written agreement by the city council all provisions, regulations and policies governing the uses of the land, density, design and improvements and construction standards and specifications and all other requirements and regulations of the zone in effect at the time of the execution of the PRUD application shall apply. A PRUD application shall not prevent the city from subsequent actions applicable to the property that is the subject of a PRUD application from applying any new provisions or regulations that do not conflict with those contained within the PRUD application.

A.

Substantial compliance with zone regulations and other provisions of this title in requiring adequate standards related to the public health, safety and general welfare shall be observed, without unduly inhibiting the advantages of large scale site planning for residential and related purposes.

(Ord. 677, 3-6-2007)

A PRUD application may be amended or canceled in whole or in part by mutual consent of the parties or their successors.

(Ord. 677, 3-6-2007)

After the city council approves a PRUD application, the city recorder shall record the PRUD subdivision as approved in the office of the Weber County recorder. The recorded copy of the PRUD subdivision shall be considered the official copy. The benefits, rights and obligations of the PRUD subdivision shall be binding upon all successors to the original parties.

(Ord. 677, 3-6-2007)

In the event that federal or state laws or regulations, enacted after the adoption of a PRUD subdivision, prevent or preclude compliance with one or more provisions of the subdivision, such provisions of the subdivision shall be modified or suspended as may be necessary to comply with such federal and state laws or regulations.

(Ord. 677, 3-6-2007)