1403 Conditions

1) Area PUD’s shall not have an area less than that approved by the planning commission as adequate for the proposed development. 2) Uses A PUD that will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered to be a permitted use in a PUD, which allows residential uses and shall be governed by density, design and other requirements of the PUD permit. Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district. 3) Ownership The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property. A title search of ownership performed by a local title company of professional competence to perform such search shall be undertaken and the results of said title search including the names of all lien holders on the property will be submitted with the application for the final PUD plat. 4) Design Criteria In return for greater flexibility in site requirements, PUDs shall deliver exceptional quality community designs that: a) Preserve Critical Areas, Environmentally Sensitive Areas, and Environmental Resources, b) Provide high quality community amenities which includes trails and Open Spaces, c) Incorporate creative design in the layout of buildings and circulation, and d) Provide greater efficiency in the layout and provision of roads, utilities and other infrastructure. As well as ensuring the connectivity and compatibility of such infrastructures to neighboring developments. Design criteria shall be used as the principal tool in evaluating the merits of a proposed PUD. The planning commission shall use the following criteria, in addition to any other applicable sections or Chapters of this title, to hold PUDs to higher architectural standards than standard residential developments. The burden shall be on the applicant to demonstrate that the proposed development plans comply with each of the following criteria: a) Conformance to the general plan and overlay zones. The proposed development plan shall conform to applicable elements of the Town’s General plan, any applicable overlay zones, specific area master plans and Town goals and policies. b) Compatibility with surrounding development. Proposed uses, activities, overall PUD layout and design as well as densities shall have a compatible, efficient and functional interrelationship with surrounding uses and activities, and shall not adversely affect the sustainability of the surrounding area. c) Environmental design. Site plan, building design and open space provisions shall be designed to produce a development that is responsive and sensitive to natural features, Critical Areas, Environmentally Sensitive Areas, and the aesthetic quality of the community. Site planning and design shall minimize any required cut or fill to afford maximum protection of natural landforms and features. Natural features and/or geologic hazards that may affect the property on which the PUD is proposed shall be identified and mitigation measures established. Building design shall maximize preservation of vegetation and landforms, enhance drainage and minimize soil erosion. Developments must consider, where appropriate, designs for foot traffic and pedestrian movement in and among PUDs through sidewalks, trails, foot bridges and hiking paths. d) Architectural standards. An architectural design plan that ensures architectural consistency in the proposed development, architectural character and preservation or improvement of the visual character of the Town shall be provided and, upon approval, shall form part of the plan. Architectural character is based upon the suitability of a building for its purposes, the appropriate use of materials and upon principles of harmony and proportion of the building with other proposed buildings and surrounding land uses. Buildings or other improvements shall be compatible with the orientation, directional emphasis, shape, volume, massing, proportion, rhythm, scale and materials of the contextual setting and streetscape of the site. e) Architectural elements, designs, concepts, building styles and materials shall be subject to review by the Planning Commission to ensure consistency with the purposes and provisions of the PUD ordinance, overlay zones, specific area master plans and the general plan. f) Arrangement Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development. g) Specific regulations Lot area, width, yard, height, density and coverage regulations shall be constructed in accordance to the zone’s setback requirements outlined within this Ordinance. 5) Open Spaces a) All PUDs shall contain active open space based upon the following table. Recreational amenities shall be provided in an amount appropriate to the size and characteristics of the anticipated residential population of the PUD. i) Required Open Space Areas Total PUD Area 1.01- 4 acres 4.01 - or above Total Open Space Required 10% total space 15% total open space Minimum Amount of Active Space Required 70% 50% b) Once a PUD meets the minimum active open space requirements, the remainder of the open space requirement can be passive open space. c) Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either: i) Dedication of the land as a public trail, public park or parkway system; or ii) Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws, which are satisfactory to the legislative body. 6) Residential PUD Density Density within a Planned Unit Development shall be determined by the applicable dimensional standards of the underlying zoning district (see Chapter 6), including minimum lot size, setbacks, coverage, and related requirements, unless modified through approval of the PUD in accordance with this Code. A PUD may request modifications to dimensional standards to allow flexibility in site design, including reductions in minimum lot size and adjustments to setbacks and lot configuration, provided that the overall development is consistent with the purpose and intent of this Chapter. Such requests shall be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the Town Council. The Town Council shall have final authority to approve or deny any such modifications. An increase in dwelling unit yield beyond that which would otherwise result from strict application of the underlying dimensional standards may be permitted as an incentive for the provision of affordable dwelling units, subject to approval by the Planning Commission. 6) Landscaping & Buffer Requirements a) General Landscaping and Screening i) Landscaping, fencing and screening shall be designed to to complement proposed uses and to integrate the development with surrounding properties. A landscaping and screening plan shall be submitted as part of the PUD application and shall be subject to review and approval by the Planning Commission. ii) A fencing and planting plan showing proposed fence, tree and shrubbery plantings shall be prepared and included as part of the preliminary application for the entire site to be developed. b) Buffer Areas 1) Except as otherwise provided in this Section, landscaping, screening, fencing, and/or berms shall be provided within required buffer areas to mitigate impacts between the PUD and adjacent properties. 2) A minimum 10-foot-wide landscaped buffer, shall be established around the entire perimeter of any residential planned unit development. 3) Retention of natural areas and non-motorized, non-paved trails may be included within required buffer areas. c) Buffer Design and Use Restrictions i) No buildings, parking areas, or outdoor storage shall be permitted within required buffer areas. ii) Required buffers shall be located within common areas or tracts owned and maintained by a homeowners’ association or other approved entity and shall not be individually owned. iii) Buffer areas shall be subject to a landscape and maintenance easement ensuring continued compliance with approved plans. iv) The Town shall have the right of reasonable access, upon notice, to verify compliance with approved buffer and landscaping requirements. d) Site Design and Supporting Plans i) The following plans shall be submitted for review as part of the PUD application: (1)A grading and drainage plan demonstrating site stability and stormwater management; (2)A pedestrian circulation plan showing internal connectivity, sidewalks, and trails; and (3)An access and emergency vehicle circulation plan demonstrating compliance with applicable fire and safety standards. e) Buffer Modifications i) Modifications to perimeter buffering and related setback requirements as part of the PUD approval process may be granted, provided the Planning Commission and Town Council find that: (1)The proposed development is compatible with adjacent land uses in scale, intensity, and character; (2)Alternative design measures provide equivalent or greater buffering or transitional treatment; and (3)The modification is consistent with the purpose and intent of this Chapter and the protection of adjacent properties. ii) Approved alternatives may include, but are not limited to, preserved natural areas, enhanced landscaping, trails, or other pedestrian-oriented open space, where such features provide comparable buffering function. 7) Grading, Drainage, and Critical Areas Development shall be designed to avoid impacts to Critical Areas and Environmentally Sensitive Areas to the maximum extent practicable. No building or structure (except for a required public utility and necessary roads) shall be constructed on areas determined to be critical areas as identified, including: a. Areas of steep slope of 30% grade or greater, and b. Jurisdictional wetlands as identified by the U.S. Army Corps of Engineers, and c. Pre-existing drainage system(s) (natural or manmade) unless an approved plan for continuation of such drainage has been designed by a professional Engineer. Said plan for continuation of the drainage system to be as follows: d. The Engineering standard for flood water drainage systems is to accommodate a minimum of 125% of the volume of a two hour duration – one hundred year magnitude - storm flow, which volume is to be determined by a hydrologist licensed by the State of Utah, and drainage system is to be designed by a Civil Engineer licensed by the State of Utah. 8) Signs The size, location, design and nature of signs, if any, and the intensity and direction of area or flood lighting shall be detailed in the application. 9) Desirability The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility that will contribute to the general well-being of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development. 10) Owners’ Association a) All PUD applications must include preliminary bylaws for an intended owners’ association, and, upon approval of a PUD application, the applicant shall convey by deed all private streets, sidewalks, walkways, curbs, gutters, stormwater drainage facilities, utilities, and all other common areas and open space areas to an owners’ association. b) Easements necessary for public utilities, drainage, and Town access for inspection and maintenance purposes shall be granted to the Town and recorded on the final plat. c) The owners’ association shall be empowered to collect dues and assessments and to enforce covenants, conditions, and restrictions and any rules and regulations deemed necessary for the governing of development and use of each lot and common areas within the PUD. d) The owners’ association shall provide a copy of their annual registration with the Department of Commerce. e) The owners’ association shall not dissolve without ensuring that all maintenance responsibilities for common areas and private improvements are transferred to a successor entity or otherwise remain enforceable through recorded covenants approved as part of the PUD. In the event the owners’ association becomes inactive or fails to maintain required improvements, the Town may, after notice and opportunity to cure, take necessary corrective action and recover costs in a manner authorized by Utah law, including enforcement of recorded agreements or other applicable statutory remedies. 11) PUD Street Design and Standards Private streets may be permitted within a Planned Unit Development subject to approval by the Town Council as part of the PUD review process. Approval of private streets shall be based on the following findings: a. The proposed street system provides adequate emergency vehicle access and circulation in accordance with applicable fire and safety standards; b. The proposed street design provides adequate width, geometry, and configuration to accommodate anticipated traffic, parking, pedestrian movement, bicycle circulation, and utility access; c. The street layout is consistent with and appropriately integrates with the surrounding street network and does not preclude reasonable access to adjacent or future development parcels; d. The proposed private street system will be owned and maintained by an owners’ association or other approved entity capable of ensuring long-term maintenance; e. The proposed street system will not create adverse impacts to traffic circulation or safety within the surrounding area; and f. Connectivity to adjacent properties is provided where feasible and consistent with adopted plans and engineering standards. Private streets shall be constructed in accordance with applicable Town engineering and design standards unless otherwise modified as part of the approved PUD. Final plat documents shall identify all private streets and shall include a note stating that such streets are private and not dedicated to public maintenance unless formally accepted by the Town. The Town shall not be obligated to accept dedication of private streets unless they are brought into compliance with then-current public street standards at the time– of dedication. 12) Restrictive Covenants All PUD preliminary applications must include preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD. As a condition of PUD approval, the CC&Rs shall include the following: a. Architectural control standards, which shall be approved by a licensed architect. b. The architectural control standards shall be designed to reflect a unified architectural concept in terms of style, form, bulk, colors, and materials. c. A coordinating architect, architectural review board, or other such mechanism shall be established by the owners’ association to review all plans submitted by lot owners within the PUD to ensure compliance with the architectural control standards. d. All lot owners shall be required to submit building and design plans to the established reviewing body prior to PNZ approval of construction of any building on any lot within the PUD. e. Landscape plan, identifying the type, size, spacing, and maintenance schedule for all landscaping (including lighting elements) proposed within the required buffer areas, open space areas, and other common areas. f. A lighting plan that shows alignment with Utah's Dark Sky community. g. All future purchasers of lots within the PUD shall be required to sign an acknowledgment indicating knowledge and compliance with these maintenance responsibilities. h. Private Street Maintenance Plan. In the event that private streets are approved within a PUD, the CC&Rs shall describe responsibilities for the maintenance of the private streets. i. Whenever a private street is approved within a PUD, all street related improvements shall be maintained by the owners’ association. Street related improvements include, but are not limited to, automobile travel lanes, parking areas, bicycle lanes, turn-around areas, sidewalks or other pedestrian walkways, curbs, gutters, catch basins, or any other storm drainage facilities, street lights, street signs or pavement markings, medians, planting areas, or similar improvements. ii. If the owners’ association and/or the individual lot owners fail to adequately maintain the private streets and related improvements, the Town shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. iii. Developers must install an approved sign at the entrance of a private road stating, “Private Road, No Town Maintenance”. i. The Town shall have the right to recover all costs, including attorney’s fees, incurred in any enforcement action. Nothing herein, however, shall require the Town to take an action on behalf of the owners’ association or lot owner or other citizen to enforce the CC&Rs. j. Stormwater maintenance plan identifying the location and type of private stormwater facilities to be owned and/or maintained, individually or collectively, by the owner(s) or tenant(s) of the PUD. The stormwater maintenance plan must also include the recommended schedule for inspections of these facilities. Should there be private stormwater facilities on individual lots within the development such as rain gardens, fountains, ponds, or similar, the maintenance plan shall include the design and a maintenance schedule for each facility. k. All requirements in 1402 shall be construed as conditions of PUD approval and shall be subject to the Town’s enforcement. If the owners’ association and/or the individual lot owners fail to adequately maintain landscaping, private streets, stormwater facilities, and related improvements, the Town shall have the right to take any enforcement action consistent within Utah Law necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. 13) Project Phasing 1) If a proposed PUD is to be constructed in phases, the applicant shall submit a phasing plan with the application materials. If a project is to be phased, it shall be designed such that each phase can “stand alone” so that if subsequent phases are not constructed, the completed portion of the project constitutes a coherent development logically interconnected with surrounding areas. 2) Certain project elements, such as open space and recreational amenities, must be provided for each phase of development in rough proportion to the size of the particular phase within the whole project. In certain circumstances, this may also require that infrastructure improvements shown within a later phase of the project may be required to be constructed with an earlier phase, or appropriate securities, provided to ensure that construction occurs even if the later phase never takes place.