1. Purpose of master planned development. Traditional development requirements and standards provide an important level of predictability in the outcome of various different developments produced by various different developers offering various different development products. Without them, the variability in each development is likely to create less organized development patterns of multiple smaller scale developments. The purpose and intent of a master planned development is to provide a developer with voluntary alternatives to the traditional development requirements and standards of a zone while also giving the community the benefit of removing the unpredictability of unspecified alternatives by requiring a complete land development plan that comprehensively addresses the alternative development requirements and standards.
   
2. Purpose of master planned development overlay zone. A master planned development overlay (MPDOZ) zone is intended to allow a legislatively adopted overlay zone that provides an avenue for the creation of a master planned development. The zone is intended to promote the diversification in the relationship of various uses and structures to their sites, to permit more flexible applicability of traditional zoning standards to those sites, and to encourage new and innovative concepts in the design of neighborhood and housing projects. To this end, the development should be planned and entitled as one complete land development plan, otherwise known as a master planned development. Phasing of the complete land development plan may occur over time if approved by the county commission and if in compliance with the entitlements of the complete land development plan.
3. Deviations from requirements of underlying zone. The application of a master planned development overlay zone to a particular property should give deference to the purpose and intent of the property's underlying zone. However, when applying this master planned development overlay zone, the approval of a master planned development may allow deviations from the purpose and intent of the underlying zone, and any standard therein, if the proposed master planned development substantially advances the implementation of a significant and meaningful general plan goal, principle, or implementation strategy. Unless explicitly specified otherwise in a development agreement or in the approved complete land development plan, development of a master planned development shall adhere to the applicable regulations, standards, and other provisions of this Land Use Code.
4. Conflicts. If any provision of an approved master planned development overlay zone or related development agreement creates an explicit conflict with any other part of this Land Use Code, the applicability of those other provisions shall be modified to the minimum extent that enables the master planned development overlay zone provisions to apply. An omission from a master planned development overlay zone shall not be construed to be an implicit conflict with any other part of this Land Use Code.

1. Effective date. The effective date of this chapter is March 26, 2021.
   
2. Allowed zones. A master planned development overlay zone may only be considered in the following zones:
   1. Residential estates zones;
   2. Agricultural and agricultural valley zones;
   3. Forest, forest residential, and forest valley zones;
   4. Single-family, two-family and three-family residential zones;
   5. Commercial valley resort recreation zone; and
   6. Residential manufactured home zone.
3. Nonconforming PRUD. The adoption of this ordinance also repeals an ordinance governing the creation of a planned residential unit development (PRUD). A planned residential unit development for which an application was submitted prior to the date specified in Subsection (a) of this section is hereby a nonconforming planned residential unit development, provided the County has not adopted new regulations governing a planned residential unit development after this effective date. A nonconforming PRUD may be amended from time to time under the same rules that governed its creation, provided that the amendment is a de minimis change that is routine and uncontested. The Planning Director or the Planning Commission has independent authority to determine what constitutes a routine and uncontested de minimis decision. If it is determined to not be routine or uncontested, then the applicant shall pursue the creation and approval of a master planned development overlay zone pursuant to this chapter.
4. Previously existing development agreements. Nothing in this chapter shall be construed to inhibit the entitlements of an approved development agreement executed prior to the date specified in subsection (a) of this section.

An application for a master planned development overlay zone and development agreement shall be submitted to the Planning Division in a form provided by the Planning Division, together with all accompanying documents, plans, and studies required by this chapter. The application shall contain authorization from all owners of land within the property’s legal description. The following are the minimum requirements necessary to submit a complete application:

1. A complete land development plan, complying with the requirements of Section 104-27-4, including the following:
   1. A map of the general configuration of the development, together with land tabulations detailing the proposed uses of land for all areas of the project, and proposed lot or parcel development standards;
   2. An open space preservation plan, showing proposed uses and parcel development standards;
   3. A transportation plan that accommodates vehicular and pedestrian circulation, parking, etc.;
   4. Areas reserved for public uses such as schools and playgrounds, landscaping, and recreational facilities, if applicable;
   5. Proposed architectural design standards, including drawings and sketches demonstrating the proposed design, character, features, and color palette of the proposed development;
   6. A natural hazards map, if the development is in a natural hazards study area or a known natural hazard is present onsite;
   7. Any proposed mappable voluntary contributions, including those proposed in pursuit of density bonuses; and
   8. A development phasing plan, if applicable.
2. A narrative clearly explaining the desired development. The narrative shall also clearly address the considerations listed in Section 104-27-4.
3. A list of development commitments or other offerings the applicant is prepared to make to the county, and a list detailing what the development needs from the county. This list will be the initial basis for development agreement negotiation.
4. Base density calculations, and a tabulation and explanation of requested bonus density.
5. The legal description for all properties to be included in the overlay zone and development agreement, together with a general vicinity map of the rezone boundary.
6. Additional information as may be necessary to assist in the county's determination regarding whether the proposed development and arrangement of uses provides for a better community outcome than developing the land using the traditional development requirements and standards of the applicable zone.
7. An application fee.

1. Rezone and development agreement required. Approval of a master planned development overlay zone shall follow the provisions and requirements specified herein in addition to the rezone provisions of Title 102, Chapter 5. Prior to the execution or validity of a master planned development overlay zone, a development agreement that is mutually agreeable between the developer and the county shall be prepared and readied, in compliance with Title 102, Chapter 6, for execution upon, or simultaneous to, adoption of the master planned development overlay zone. The development agreement shall clearly document the county’s roles and responsibilities to the developer and the developer’s roles and responsibilities to the county, and shall, at a minimum, provide any other provision necessary to effectively execute the flexible provisions of this chapter, or any other provision as may be required by the county commission or county attorney’s office. Nothing in this chapter shall be construed to entitle approval of a master planned development overlay zone or associated development agreement.
2. Complete land development plan. The development agreement shall include an complete land development plan detailing the proposed development as specified herein. No changes or alterations to the approved complete land development plan shall be made without first obtaining an amendment to the development agreement, except for landscaping as provided in subsection (c) of this section. The complete land development plan shall provide a desirable layout or, if the specific layout is to be determined later, desirable standards for the following:
   1. Cluster development. All subdivisions within a master planned development overlay zone shall comply with Title 108, Chapter 3, Cluster Subdivisions, except those lot development standards as listed in paragraph (4) of this subsection. The complete land development plan shall demonstrate that the development can feasibly comply with the cluster subdivision requirements. Specific deviations from the cluster subdivision requirements may be granted by the county commission, after recommendation from the planning commission, if the deviation offers a better community outcome or better contributes to the implementation of a significant and meaningful general plan goal, principle, or implementation strategy.
   2. Land use configuration. The complete land development plan shall show the general locations of proposed land uses, including open space areas, and offer a land use inventory specifying approximate land acreage per use.
   3. Street configuration. The complete land development plan shall show, at a minimum, the general location of existing or proposed streets in the development. Streets shall offer efficient and convenient connectivity to existing street rights-of-way and shall be laid out to provide for safety, ease of use, and navigation throughout the development. Streets shall offer prioritization of non-motorized transportation. The complete land development plan shall show general location of streets stubbing into an adjacent vacant property in at least one location; and as otherwise required to comply with block-width or intersection distance requirements of this land use code. At least two points of access into the development are required if it contains more than 30 residences, or less if otherwise required by the local fire or emergency services authorities.
   4. Lot development standards. The complete land development plan shall propose lot or parcel area, lot or parcel width, lot or parcel yard setbacks, lot or parcel coverage and building height regulations for all lots, parcels, and open space areas that will contain development or structures.
   5. Architecture design. The complete land development plan shall provide the general architectural design of buildings and the design’s relationship to the site and to the development beyond the boundaries of the master planned development.
   6. Off-street parking. The complete land development plan shall provide for complete off-street parking standards in the event that the parking standards of this Land Use Code are insufficient to accommodate the flexible provisions of this overlay zone. The design of parking areas or parking lots shall prioritize the needs and use of non-motorized modes transportation.
   7. Lighting. The complete land development plan shall provide a lighting plan, or provisions for creating a lighting plan, that complies with all requirements of Title 108, Chapter 16.
   8. Natural hazards and other constraints. The complete land development plan shall show consideration for natural hazards and other environmental constraints, such as floodplains, wetlands, waterways, sensitive ecology, wildlife habitat, etc. If a natural hazard is known to exist onsite, or if the site is located in a natural hazards study area, as specified in Title 108, Chapter 22, or if other environmental constraints exist onsite, a natural hazards map and environmental constraints map, if applicable, shall be included as part of the complete land development plan submittal.
3. Landscaping plan. The development agreement shall include a landscaping plan that meets or exceeds the landscaping requirements found elsewhere in this land use code.
   1. Landscape requirements. The landscape requirements of Title 108, Chapter 2 are hereby incorporated herein and applicable in all master planned development overlay zones.
   2. Financial guarantee. No money held in the financial guarantee for the completion of landscaping of any phase of a master planned development shall be released until all landscaping requirements are completed for that phase, with the exception of single-family dwelling lots. In the case of a single-family dwelling lot, that percentage of the guarantee that is equal to that area percentage of the phase that is the single-family dwelling lot, may be released upon completion of landscaping on that lot.
   3. Modifying approved landscape plan. The application of the development agreement’s landscape plan may be modified during the land use permit or building permit review process, provided that a more site-specific landscape plan is submitted with the site plan and is stamped by a licensed landscape architect, who shall certify the following:
      1. That the area of landscaping exceeds the approved landscape plan;
      2. That the number and quality of plants exceed the approved landscape plan;
      3. That the functional use of vegetation, such as shade from trees or site-screening from bushes, meet or exceed relevant landscaping requirements of the land use code and the intent of the approved landscape plan; and
      4. That the portion of landscaping per phase exceeds the portions per phase of the approved plan.

1. General uses. All uses specified in the underlying zone are allowed in a master planned development, unless specifically prohibited in the development agreement.
2. Other small-scale service uses. If a master planned development contains 100 dwelling units or more, other uses not otherwise allowed in the underlying zone may be approved by the county commission, after receiving recommendation from the planning commission, provided that evidence demonstrates that those uses are necessary for the provision of small-scale local neighborhood services to the residents of the development and the immediate surrounding neighborhood. The county commission has legislative discretion to determine what a small-scale local neighborhood service is. The development agreement shall contain provisions for the proposed uses, ownership, operational characteristics, and physical design to assure compliance with this section.
3. Short-term rentals. Housing units to be used in whole or in part for short-term rentals shall only be allowed in neighborhoods that can support the transient use. Short-term rentals shall only be allowed when their existence substantially advances a general plan goal, principle, and implementation strategy. In the Western Weber Planning Area, short-term rentals require the owner of the property to reside and, for management purposes, be generally available onsite for the duration of the short-term rental. Master planned developments that permit short-term rentals shall be clearly declared and provided for in the development agreement.
   

1. Area and base density. A development in a master planned development overlay zone shall contain at least 24 dwelling units and have an area sufficient to offer a base density, as defined in Section 101-2, of 24 dwelling units, but the area shall never be less than four acres in any residential zone and ten acres in all other allowed zones. The minimum number of dwelling units may be reduced to six if the master planned development contains a minimum area of 100 acres and provides a common open space easement, as defined in Section 101-2 , over at least 90 percent of the master planned development's gross acreage. The development agreement shall memorialize and entitle the base density calculation.
2. Bonus density.
   1. Western Weber Planning Area bonus density. An increased number of residential lots or units in a master planned development may be allowed by awarding bonus density to those master planned developments within the Western Weber County Planning Area in exchange for meaningful public offerings. No more than 50 percent total bonus density shall be awarded to any master planned development.
      1. Bonus density table. The following table offers a guide to assist in prioritizing bonus density based on a development’s offerings. After receiving a recommendation from the Planning Commission, the County Commission has legislative authority to determine final bonus density awarded. At the County Commission’s discretion, these may be in place of or in addition to the bonuses already available in the cluster subdivision code. Regardless, the development’s offerings shall provide a public benefit proportionate to the final awarded bonus density. The development’s bonus density offerings and the county’s bonus density awards shall be clearly documented and tabulated in the development agreement:

         OFFERING	BONUS DENSITY
         Roadway landscape design plan. Implementation of an approved roadway landscape and design plan that includes, but is not necessarily limited to, vehicle and pedestrian circulation, lighting, and street trees of an appropriate species, size of at least a two-inch caliper, and quantity of not less than eight trees for every 100 feet of road length:	15 percent.
         Public access. A minimum of one approved public access to public lands:	5 percent.
         HOA park. An HOA park, open to the general public:	5 percent.
         Public park. A park donated to and with the consent of the county, local park district, or other county approved entity:	10 percent.
         Public building. Land, whether within the development or not, donated to the county for a public cultural or recreational facility, or for emergency services:	10 percent.
         Excess sewer capacity. Development of sewer infrastructure in excess of the capacity needs of the development:	3 percent for every 10 percent capacity increase over the development’s base density.
         Prime agricultural land. Permanent preservation of 20 or more contiguous acres of prime agricultural land, as defined by Section 101-2:	One percent per acre up to 50 percent.
         Historic preservation. Permanent preservation of historical sites and buildings that have been identified by the state historic preservation office as having notable historical value:	5 percent.
         Wildlife habitat open space easement. A public open space easement that permanently preserves areas that have been identified by the state division of wildlife resources as having substantial or crucial wildlife habitat value:	15 percent.
         Small neighborhood commercial. Neighborhood small-scale commercial retail or non-drive-thru restaurant, in a master planned development with 100 or more dwelling units.	10 percent.

      2. Moderate income housing bonus. The master planned development's base density may be increased by ten percent, regardless of the awarded bonus density as may otherwise be offered, if the development complies with the following:
         1. The ten percent additional density is permanently set aside for moderate income housing as defined by Utah State Code.
         2. The moderate income housingshalldensity be located in the interior of the development and completely surrounded by other single-family dwelling units within the development, except that open space may abut a part provided the open space is large enough to offer a sufficient buffer from existing single-family residential uses in the area. The moderate income housing shall be generally interspersed throughout the development, and the operations and maintenance of the grounds and exterior of the buildings shall be the responsibility of an HOA that applies to the entire development. This provision does not apply to a single-family dwelling or an accessory dwelling unit.
         3. The development agreement shall offer an effective, efficient, and industry best-practice supported method for guaranteeing and enforcing perpetual affordability. for moderate-income households Any method used, such as a moderate-income housing deed restriction, shall limit the sale or rental of the moderate income housing to a household with an income at or below 80 percent of the county median income;
         4. A final subdivision plat shall identify and label a lot or dwelling unit set aside for moderate-income housing, and provide a note on the final subdivision plat explaining the nature of the housing restriction and the method by which occupancy and moderate-income affordability will be regulated.
   2. Ogden Valley Planning Area bonus density. A master planned development overlay zone should create no new density entitlements in the Ogden Valley. A master planned development overlay zone may be designated as a receiving area for transferrable development rights or a similar density transfer program. The development agreement shall clearly specify the logistics of such a program.