1. The purpose of a planned residential unit development (PRUD) is to encourage better utilization of land, to develop a sense of community and to ensure compatibility with the surrounding neighborhoods. This is accomplished by allowing flexibility in the placement and design of buildings and infrastructure not ordinarily allowed in conventional zoning regulations. It allows flexibility in development standards for creative design and yet provides specific requirements to ensure surrounding properties and natural features are protected.
2. A planned residential unit development is a residential development planned as a whole, single complex. It incorporates a definite development theme which includes the elements of usable open spaces, diversity of lot design or residential use, amenities, a well planned circulation system, and attractive entrances as part of the design. The incorporation of one or two (2) of these elements into a development does not make a PRUD. The combination of all of these elements is necessary for the development of a PRUD. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)
   

As used in this chapter, the following terms shall mean:

ATTACHED DWELLING UNITS: Two (2) or more dwelling units connected by at least one wall or floor of common construction.

DEVELOPED COMMON ACTIVITY AREA: Open green space which is designed to provide activity areas for use by all residents such as playgrounds, recreational courts, picnic pavilions, gazebos and water features. Common developed activity areas shall be held by all residents in common ownership through a homeowners' association or shall be available for use by all residents if the PRUD will be held in single ownership.

FACADE: All exterior walls of a building or structure.

GROSS ACREAGE: The total amount of acreage in a PRUD development.

NET ACREAGE: The total amount of acreage in a PRUD development, excluding rights of way or roads.

OPEN GREEN SPACE: A planned open area suitable for relaxation, recreation or landscaping which may be held in common or private ownership. It should be unoccupied and unobstructed by buildings and hard surface such as asphalt or cement, except that such open green spaces may include walkways, patios, recreational activity areas, picnic pavilions, gazebos and water features so long as such surfaces do not exceed fifteen percent (15%) of the required open green space.

PERIPHERY: A one hundred foot (100') depth around the perimeter of the project measured inward from the property line. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

1. Zones Permitted: A planned residential unit development shall be permitted in the R-1-10, R-1-8, R-1-6, R-3 and R-3A Zones, and notwithstanding any other provisions as hereinafter set forth, shall be applicable if any conflict exists. (Ord. 15-27, 12-15-2015, eff. 12-15-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)
2. Development Plan Approval: An overall development plan for a planned residential unit development showing building types, locations, sizes, height, number of residential units, access roads, open spaces, parking and landscaping, may be approved by the Planning Commission and building permits issued in accordance with such plan, even though the residential uses, housing types and the location of the buildings proposed differ from the residential uses, housing types and regulations governing such uses in effect in the zone in which the development is proposed, provided the provisions of this chapter are complied with.
3. Accessory, Nonresidential Uses: Accessory uses to the PRUD which are located in a common main building may be permitted. Accessory uses shall be limited to daycares, personal services and recreational facilities so long as adequate parking is provided as determined by the Planning Commission. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

Notes

See also subsection 7-2-4D of this Code for landscaping requirements.

The minimum area for a planned residential unit development shall be as follows:

(Ord. 15-27, 12-15-2015, eff. 12-15-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)

1. Developable Acreage: Density in a PRUD shall be determined by using the developable acreage of the entire proposed development. Developable acreage is land under thirty percent (30%) slopes which is capable of being improved with landscaping, recreational facilities, buildings or parking. Land devoted to street usage (the right-of-way for public streets and the area from back of curb to back of curb for private streets) shall not be considered developable acreage and must be subtracted out of the total acreage used to determine density. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)
2. Baseline Density: The maximum number of residential units allowed per developable acre in a PRUD which meet only the minimum development requirements per developable acre shall be calculated using the following chart. This shall be referred to as the baseline density:
   
   

   Zone	Square Footage	Baseline Density Units/Acre
   R-1-10	1 unit per 15,000 sq. ft.	2.9
   R-1-8	1 unit per 12,000 sq. ft.	3.6
   R-1-6	1 unit per 9,000 sq. ft.	4.8
   R-3	1 unit per 7,000 sq. ft.	6.2

(Ord. 15-27, 12-15-2015, eff. 12-15-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)

All proposed PRUD developments shall comply with all minimum development requirements as provided in this section:

1. General Regulations:
   1. The minimum acreages indicated in the chart in section 10-11-4 of this chapter is required for a proposal to be developed as a PRUD.
   2. The minimum setback for all buildings (excluding fences) and parking in the periphery of the development shall be the front setback of the zone at those locations where development abuts a street and thirty foot (30') setback at those locations where development abuts other parcels of land. Notwithstanding the above provision, if the development has subdivided single-family lots which abut other parcels of land, the specific zone regulations shall apply for rear yard setbacks and accessory uses of the subdivided lots. The required setback area shall be landscaped.
   3. Minimum distance between main buildings in the development shall be ten feet (10') for single-story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for three (3) or more stories.
   4. If fencing is proposed adjacent to a public or private street, the maximum fence height shall be four feet (4') for fences located in the required front yard and side yard setback facing a street as determined in the underlying zone. The width of the setbacks shall be according to the required setback of the zone in which the development is proposed. Fence heights located outside of these setbacks shall be limited to a maximum height of seven feet (7'). The Planning Commission may vary the height or location if it determines the proposed fence design, materials and location will not create a safety hazard due to obstructed vision of approaching vehicles or pedestrians and will:
      1. Not isolate the surrounding neighborhoods;
      2. Be consistent with the theme of the development; and
      3. Be compatible with the neighborhood.
      If fencing isolates property between the fence and the public street, the development shall provide means to ensure continued maintenance of this area.
   5. Two (2) parking stalls shall be required for each unit in the development. All parking and access shall be hard surfaced. Required parking for the unit shall be located within a one hundred foot (100') radius measured from any entrance to the dwelling unit. Units which have an attached garage shall have the garage set back a minimum of eighteen feet (18') from the road, street or from the walkway if a walkway is designed along the road or street. Units with an attached garage shall also have the garage recessed a minimum of five feet (5') from the front of the building.
   6. Developments shall be designed to preserve and incorporate the natural features of the land into the development. Natural features include drainage swales, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.
   7. If a group RV parking area is provided for the development, it shall be at a minimum of one RV space per five (5) dwelling units. The RV parking area shall not be located in the periphery of the development and shall be completely screened.
   8. All utilities shall be placed underground where possible. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)
2. Compatibility:
   1. The number of units per building within the periphery of the project shall be the same as seventy five percent (75%) of the surrounding neighborhood within three hundred feet (300') of the project boundary line; provided however, that where an adjacent residentially zoned property is vacant or occupied by schools or churches, then only single-family units are allowed along that side. The corner of the periphery development shall be developed with the least intense number of units when sides of the periphery development are different. The limitation on units per building does not apply if adjacent to an open space zone or property used for parks or cemeteries. (Ord. 15-27, 12-15-2015, eff. 12-15-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)
   2. The front of the units developed on the periphery of the project shall front onto the public streets. When units abut two (2) parallel streets, the fronts of the units shall face the public street bordering the PRUD. Units which are on corners may front either street. The Planning Commission may waive this provision due to unusual topographic features or unusual conditions, provided such waiver does not negatively impact the continuity of the existing streetscape.
   3. The height of the buildings within the periphery shall not exceed the average height of the existing residential structures adjacent to each side of the development. When the periphery is next to vacant residentially zoned land, the maximum height shall be limited to thirty five feet (35'). The maximum height allowed beyond the internal edge of the periphery shall be limited to the height allowed in the periphery plus one additional foot in height for every ten feet (10') from the internal edge of the periphery.
   4. The type of exterior building material and ratio of surface coverage for the proposed facade for other than single-family dwelling units shall be similar in material and ratio of coverage to fifty one percent (51%) of the existing residential structures adjacent to the development (e.g., the majority of the existing buildings have the lower 1/3 of the facade in brick on the front and the rest is siding, the new development shall have as a minimum 1/3 of the front in brick and the rest in siding). This provision shall not limit the use of brick in place of other material.
   5. If a building has an attached garage and the garage doors are located along the front of the building facing a public or private street, the garage doors shall not occupy more than forty percent (40%) of the ground level building frontage facing the street. The portion of the building facing the street shall have ten percent (10%) of the wall surface area on the main level in glazing.
3. Design Theme:
   1. Entrance designs to the development are required. The minimum entrance design to the development shall consist of a monument sign naming the development, surrounded by a variety of ground cover, shrubs, and trees.
   2. All dumpsters shall be stored in screened enclosures which are architecturally compatible in style and materials with the architecture of the development. Dumpsters shall be located so they are not visible from the main circulation routes and do not restrict vehicular movement or parking. Enclosures shall not be located within the periphery of the project.
   3. Attached dwelling units shall have visual relief in facade and roofline which adds variety and rhythm to the design and avoids monotonous straight lines.
4. Open Space:
   1. A minimum of forty percent (40%) of the entire site shall be in open green space. Each phase of development shall provide its proportionate required open green space needed for that phase.
   2. Developed common activity area for single-family and attached dwelling units shall be provided as follows:
      1. Developments with attached dwelling units shall provide developed common activity area at a ratio of one square foot of developed common activity area per one square foot of floor area of living space. Each phase of development shall provide its proportionate required open green space needed for that phase. At a minimum, developed common activity area shall include either a playground with play equipment or pathways with benches and tables through a natural or planted landscaped area.
      2. Subdivided, single-family lots shall provide developed common activity area at a ratio of one thousand (1,000) square feet per lot. Each phase of development shall provide its proportionate required open green space needed for that phase. At a minimum, developed common activity area shall include either a playground with play equipment or pathways with benches and tables through a natural or planted landscaped area.
   3. Developments shall be designed to incorporate existing large trees, clusters of trees or clusters of large shrubs. The Planning Commission shall review the appropriateness of removal of portions of these types of vegetation if proposed in the development plan. The Planning Commission may approve removal of some or all vegetation based on a determination of the benefits of the existing plant material and the efforts made to save and incorporate the existing plant material into the design of the project versus the problems the plant materials may create for the project in terms of general construction techniques, impact removal will have to the character of the area, the topography of the site, and harmful conditions the vegetation may create.
      
      As one of the purposes of a PRUD is to protect natural features, the Planning Commission may deny approval of a PRUD if it is determined there has been removal of trees or shrubs prior to submittal.
   4. A minimum of two (2) 2-inch caliper deciduous trees shall be required to be planted for each unit in the development and one (1) 4-foot tall evergreen tree for every two (2) units in the development. The placement and types of deciduous trees shall take into consideration use of the trees for summer cooling and winter solar access. Evergreen trees should be used as windbreaks, screening, and accent plantings.
5. Street Design: PRUDs shall be designed to meet the circulation requirements of the general plan, the design needs of the surrounding area, and the project. Projects which are located on or next to a collector or arterial street shall be designed and developed so the public street continues through the project in a logical, safe design. Projects which are located at the end of stubbed local public streets may be required to extend the street through the development based on the proposed circulation needs of the area as determined by the Planning Commission. The Planning Commission, upon recommendation of the Engineering Division, shall determine if the street should be extended as a through street or as a cul-de-sac during the concept or preliminary approval. Local streets which are internal to the development and do not provide access through the project may be designed as either public or private streets, provided they meet the following criteria:
6. Public Street Requirements:
   1. Right-Of-Way Width: Public streets, sidewalks, curb/gutter and other street facilities shall meet the appropriate right-of-way widths and design requirements as required in the public works standard drawings, details and technical specifications.
7. Private Street Requirements:
   1. Right-Of-Way Width: Private streets, sidewalks, curb/gutter and other street facilities shall meet the appropriate right-of-way widths and design requirements as required in the public works standard drawings, details and technical specifications.
   2. Maintenance And Cost: Homeowners' associations are responsible for maintenance, repair and replacement of private streets and sidewalks. To ensure adequate funds are set aside for the maintenance of private roads and sidewalks, the developer shall provide a cost analysis of the life expectancy of the entire private road and sidewalk system. The cost analysis shall include maintenance schedule and projected cost for sealing, resurfacing, and replacement of the road and the repair and replacement of sidewalks and an estimate of the annual homeowner fee to cover these projected costs. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

Density in excess of the baseline density for the underlying zone may be considered for projects which comply with the bonus density design requirements. The amount of density bonus shall be determined by the type of bonus density design requirements incorporated in the development proposal. In no case shall the density bonus exceed the maximum density allowed for the zone in which the development occurs according to the following chart:

(Ord. 15-27, 12-15-2015, eff. 12-15-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)

For applicants requesting a density greater than the baseline density, the Planning Commission shall determine whether the applicant has complied with the necessary design components as provided in section 10-11-6 of this chapter and shall assign density points as applicable. The additional units per acre allowed above the baseline density for the PRUD shall be determined by multiplying the total number of density bonus points by the density coefficient of the underlying zone. This figure is the additional number of units per acre allowed above the baseline density. This number, when added to the baseline, will determine the total density per acre for the project; provided, that the number shall not exceed the maximum density allowed in the zone. (Example: The project is in an R-3 zone and the design is awarded 75 bonus points. 75 x 0.0177 = 1.3 additional units per acre. 1.3 + 6.2 [baseline density] = 7.5 maximum units per acre for the development.) The density coefficient for each underlying zone and the total amount of points needed for the maximum density are listed below:

(Ord. 15-27, 12-15-2015, eff. 12-15-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)

If greater density is requested above the baseline density, a PRUD development shall comply with one or more of the bonus density design requirements outlined in this section, depending upon the desired density increase. The planning commission shall review and determine if the proposed design complies with the intent of the design requirement before the points are granted. The density bonus points for each individual design component are in parentheses at the end of each requirement. In order to receive the maximum density allowed in the zone, the development shall have received bonus density points from at least one design component in each of the following categories: energy efficiency or building design, design theme, parking areas, recreation amenities, landscaping, open green space, and public streets. A design component cannot be used to obtain points in more than one category. The bonus density design requirements are as follows:

1. Energy Efficiency:
   1. All dwellings and main buildings shall have R-19 wall insulation and R-38 ceiling insulation. (10)
   2. All dwellings are designed with an active or passive solar feature, as approved by the planning commission. (Single feature per unit throughout the entire project, 20 points. Combination features per unit throughout the entire project, 30 points.)
2. Building Design:
   1. All facades of each dwelling structure, exclusive of windows or doors, have a minimum coverage of eighty percent (80%) of the exterior surface in either brick or stone. (30)
   2. Required parking for each unit is provided for by an attached garage. (25)
   3. All required dwelling unit parking (2 stalls per unit) is covered by carports. (10)
3. Design Theme:
   1. Theme lighting is used throughout the development for street lighting, lighting of walkways, entrances and building exteriors. (15)
   2. Landscaping is designed and installed along all streets of the development according to a theme which provides unity and interest to the development. (20)
   3. Architectural details of all buildings have a common theme which unifies the entire development. This theme is not so dominant, however, that all buildings are identical. (20)
   4. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly visible locations in the development. (25)
   5. Large special features such as lakes and golf courses which define the theme of the development and are utilized throughout the entire project. (40)
4. Parking Areas:
   1. Parking lots of twenty (20) or more stalls are screened from view by means of berming or landscaping around the perimeter of the parking lot. (20)
   2. Parking lots of twenty (20) or more stalls or a continuous row of parking over ninety feet (90') in length has a landscaped island which provides landscaping at a ratio of one square foot of landscaping per thirteen (13) square feet of hard surface. (15)
   3. Areas with five (5) or more uncovered parking stalls are designed to include a sufficient number of two inch (2") caliper trees located in such a manner as to shade fifty percent (50%) of the parking area upon maturation of the trees. (15)
5. Recreation Amenities:
   1. The PRUD development includes a recreational amenity primarily for the use of the residents of the development. Recreational amenities include swimming pools, sports courts, spas, or other features as approved by the planning commission. The planning commission may determine the points based on the cost of the amenity, its benefit to the residents of the development, its size and the number of amenities in the development. (5 to 35)
   2. Development of a common building which shall be used for meetings, indoor recreation, or other common uses as approved by the planning commission. (20)
   3. Dedication of land for public park, public access along a stream, or public access along a planned trail. The city must be willing to accept the proposed dedication before points are awarded. (Public access 15 points, public park 30 points)
   4. Construction according to city standards of trail or park which has been dedicated to the city according to subsection E3 of this section. (Trail 15 points, public park 40 points)
6. Landscaping:
   1. Design and planting a minimum of four (4) 2-inch caliper deciduous trees for each dwelling unit in the development and two (2) 4-foot tall evergreen trees for every two (2) dwelling units in the development. (20)
   2. Increasing caliper size of all the required trees from a minimum two inch (2") caliper to:
      
      

      3" caliper	(5)
      4" caliper	(10)
      6' evergreen	(5)
      8" evergreen	(10)

   3. Increasing caliper size of all elected bonus design requirement trees to:
      
      

      3" caliper	(10)
      4" caliper	(20)
      6' evergreen	(10)
      8' evergreen	(20)

   4. The majority of new plant material used for landscaping the development are drought tolerant plants. The landscaping design shall locate plant materials in similar water usage demand zones to ensure proper irrigation coverage and reduce wasteful watering. (20)
   5. For the purpose of water conservation, the use of turf grass is limited to areas of high foot traffic, play areas, and other appropriate areas as determined by the planning commission. All other areas which are normally planted in lawn shall be planted with ground covers, shrubs or trees. (35)
   6. Drip irrigation systems are designed and installed to irrigate all shrub and tree areas as needed. (20)
   7. Areas which are to be screened use a solid non-see through wood or masonry fence and landscaping which acts to soften the appearance of the fence. Landscaping may be vines, shrubs or trees. (15)
7. Open Green Space:
   1. Open green space is designed (not leftover space between buildings) and flows uninterrupted through the entire development, linking dwellings and recreation amenities. (25)
   2. Stormwater detention facility areas are designed and used for multiple purposes which blend with the overall theme of the open space design, i.e., shape of the area is free flowing, the grading and landscaping are carried out in such a manner that the use as a detention pond is not discernible. (20)
8. Public Streets: All streets within the development are dedicated public streets. (25) (Ord. 15-27, 12-15-2015, eff. 12-15-2015)
   

1. Steps Outlined: The PRUD approval process consists of three (3) basic review steps. The first step is submission and review of a conceptual sketch plan. The purpose of this step is to evaluate the appropriateness of the development as PRUD based on the consideration of the existing features of the proposed site and the relationship to adjacent properties. The second step is submission and review of a preliminary development plan based on the conceptual sketch plan. The purpose of this step is to determine if the preliminary plan shall be granted. The third step is submission and review of a final development plan. The purpose of this step is to review compliance with preliminary plan. For purposes of recordation, the PRUD shall be recorded as a subdivision. Upon compliance with final approval, a final plat shall be recorded.
2. Conceptual Sketch Plan Approval Process: The application shall provide a conceptual sketch plan which shall include the following:
   1. Basic site analysis which includes existing features of the site, such as existing plant materials, steep slopes or rock outcroppings, views and how they will be incorporated into the proposed development;
   2. Traffic patterns into, through and out of the proposed development, including vehicular, pedestrian, and other;
   3. The general location of the housing units by type (i.e., detached dwelling units and attached dwelling units), along with other appropriate uses and amenities; and
   4. The existing land uses bordering the proposed site.
3. Preliminary Development Plan: An application for a PRUD preliminary plan shall be presented to the planning commission and shall include the following information:
   1. Topographic maps of the entire site, including contour intervals of no greater than ten feet (10');
   2. A tabulation of the total acreage of the site and the percentages to be designated for parking, streets and travelways, various types of residential units, other buildings and structures, open space, and waterways, along with other relevant aspects of the site;
   3. The proposed circulation patterns, including private and public streets, and any other path systems;
   4. The proposed location of all parking and ingress and egress;
   5. The proposed location of parks, common open spaces, playgrounds, school sites, recreation facilities, and other similar types of improvements;
   6. The proposed location of all dwellings by type and number of dwelling units per building, along with other buildings (e.g., recreational buildings or clubhouses) or structures (e.g., fencing, lighting, and signage);
   7. The proposed location of each phase, if the project is to be done in phases;
   8. A table of densities for each development phase with an overall density for the development;
   9. A general landscape plan showing the areas to be landscaped and the retention of existing plant materials and landscape features, along with the use of plant materials for buffers and screening;
   10. Preliminary building elevations with notation of building materials of all building types proposed within the development, excluding detached single-unit dwellings;
   11. A preliminary subdivision design, showing a general lot layout and buildable area;
   12. A preliminary utility plan showing the manner in which adequate sewage disposal, subsurface drainage, storm drainage, and water are to be provided to the site, including the location from which said services will need to be extended;
   13. Such other information as may be necessary to determine whether the proposed PRUD is desirable and in accordance with the applicable standards.
4. Preliminary Development Plan Review Process: The planning commission, subject to the requirements of this chapter, may approve or deny the preliminary development plan for the proposed PRUD.
   1. In reviewing the proposed PRUD, the planning commission shall ensure that the PRUD:
      1. Encourages better utilization of the land, develops a sense of community and is compatible with the neighborhood;
      2. Meets the minimum requirements in this chapter;
      3. Meets the requirements for any bonus density requested for the PRUD;
      4. Provides an adequate traffic circulation system and whether streets should be designated as public or private; and
      5. Meets the general intent and purpose of this chapter and the general plan.
5. Final Development Plan Submission: The final development plan, based on the conceptual sketch and preliminary plans, shall be presented to the planning commission and include the following information:
   1. All of those items required by the planning commission as part of the approval of the preliminary development plan and;
   2. A complete and accurate legal description of all property proposed for development;
   3. A detailed site plan showing the precise location of all buildings and structures, the location of developed common activity area and recreational uses, waterways, detailed circulation patterns, including proposed ownership of common areas, streets and trails, along with other relevant aspects of the site;
   4. Parking layout showing the location of individual stalls and all areas of ingress and egress;
   5. Design of entryways, along with elevations of proposed signage;
   6. A detailed landscape plan showing the location, types and sizes of all plant materials, sprinkling or irrigation systems, screening and fencing;
   7. Final elevations of all buildings proposed within the development with notation of building materials, excluding detached single-unit dwellings;
   8. A final plat of the PRUD, along with all covenants, conditions and restrictions which the city deems necessary to provide adequate guarantees for retention and maintenance of the development as approved;
   9. Detailed engineering plans including site grading, street improvements, drainage and public utility locations; and
   10. A time schedule for the completion of landscaping and amenities (e.g., common buildings, playground equipment, recreational facilities, trails and entry signage).
6. Final Development Plan Review Process:
   1. In reviewing the proposed PRUD, the planning commission shall ensure that the final development plan meets the following:
      1. Whether or not the requirements provided during the conceptual, preliminary processes and the conditions have been adequately addressed in the final development plan;
      2. Any additional changes from the preliminary development plan proposed by the developer; and
      3. Any additional information relevant to the success of the proposed development.

The planning commission, subject to the requirements of this chapter, may recommend approval or denial or approval with conditions, of the preliminary plan for the proposed planned residential unit development. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

The planning commission, subject to the requirements of this chapter, may recommend approval or denial of the final development plan for the proposed planned residential unit development. Approved final site plans will be forwarded to the building official for issuance of building permits. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

The building official shall not issue any permit for the proposed building or use within the project unless such building or use is in accordance with the approved development plan. Approved development plans shall be filed with the planning commission, city engineer, building official and city recorder. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

Unless there is substantial action leading toward completion of a planned residential unit development or an approved phase thereof within a period of eighteen (18) months from the date of approval, such approval shall expire, unless after reconsideration of the progress of the project, an extension is approved. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

In every planned residential unit there shall be reserved proper easements over the common areas to accommodate public services, including, but not limited to, the right of police and fire personnel to enter upon any part of the common areas, and to allow the city to repair or replace facilities or improvements thereon if any association fails so to do. The declaration for any such development shall include a provision covenanting with the city and all unit owners to maintain the common areas and facilities for the use of declarant and all unit owners prior to being turned over to an association. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)

1. The preliminary development plan and the final development plan which have been issued in accordance with the provisions of this chapter shall have the full force of this title. Any violation of such approved plan or permit shall be grounds for the city to order that all construction be stopped, and to order that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of such removal is provided to the city.
2. Violations of any plan approved under this chapter in accordance with the provisions of this chapter, or failure to comply with any requirements of this chapter, including any agreements and conditions attached to any approved plan or permit, shall be considered a violation of this title. (Ord. 15-27, 12-15-2015, eff. 12-15-2015)