33.110 Maintenance of Open Space

A. Unless otherwise agreed to by the City, the cost and responsibility of maintaining open space land shall be borne by the owner of the underlying fee of the open space land. B. The developer shall submit a maintenance plan providing for and addressing the means for permanent maintenance of the open space land within the proposed SE Area Plan areas with any necessary preliminary plat or site plan application. The maintenance plan shall provide the following: 1. ownership; 2. necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space; 3. an estimate of staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs; and 4. at the City’s discretion, an escrow of sufficient funds for the maintenance and operation costs of common facilities. C. The maintenance plan must be approved by the City prior to or concurrent with any final plat approval or site plan approval. The maintenance plan shall be recorded against the property and shall include provisions for the City’s corrective action rights as set forth herein. Any changes or amendment to the maintenance plan shall be approved by the City. Adopted 08/28/07 D. In the event that the organization established to maintain the open space land and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the City may assume responsibility, as a right but not an obligation, for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. E. The City may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action shall be charged to the property owner and shall include administrative costs and penalties. Such costs shall become a lien on the maintenance plan and all other documents creating or establishing any association or conservation organization for the property shall reference the City’s corrective action authority set forth herein and shall be recorded against the property. Section 33.120. Public Support Requirements. The large scale and public nature of an SE Zone requires the specialized support of various public services. The property owners shall therefore make certain allowances within the SE Specific Zone property for public facilities and public support operations as follows: A. Fire/EMS Substation. One-half acre of property shall be dedicated to the City without cost whereon a Fire and EMS sub-station may be constructed and operated by the City, or an appropriate fee in lieu may be given, to provide fire protection apparatus and emergency equipment necessary to service the SE Zone area. Location of the emergency services site or any fee in lieu shall be determined and established in the SE Area Plan. B. Police Substation. A facility or space within a facility shall be provided to the City without cost wherein a Police substation may be operated, or a fee in lieu may be given, to provide necessary police services for the SE Zone area. Location of the police substation site or any fee in lieu shall be determined and estab- lished in the SE Area Plan. C. Security Services. A professional security staff shall be employed by the property owners in an effort to promote public safety. The SE Development’s security staff shall cooperate with City Police and Fire Departments, but shall in no way or at any time replace or assume the responsibilities of the City Police and Fire Departments. D. Other. The developer shall coordinate with those other agencies which must eventually serve areas of the development coming within their jurisdiction, including but not limited to the Alpine School District, UDOT, and the various utility service providers. A written statement from these agencies which contains their input and recommendations on the project may be required by the City Council as part of the SE Area Plan to ensure that adequate services and facilities will be provided. Section 33.130 Development Standards. The following development standards shall apply in addition to any other commercial development standards contained in this Code or the Design Standards and Public Improvement Specifications manual: A. Parking. 1. In considering approval of an SE Area Plan, all parking areas will be considered, understanding the visual and pedestrian amenity impacts of offstreet parking areas. The general relationships and placement of buildings, open spaces, vehicle and pedestrian facilities, and off-street parking areas is a critical design element in an SE Zone and shall be considered by the City prior to SE Area Plan approval. 2. Total off-street parking spaces, including the number of surface and underground spaces, shall be determined by the review and approval of a shared parking analysis, conducted using accepted information and analysis methods, and provided in conjunction with an Area Plan. Shared parking arrangements may be allowed in order to reduce unnecessary parking areas and to encourage pedestrian activity. 3. Large surface parking lots shall be avoided by locating most parking in parking structures. B. Access and Traffic. Adequate vehicular and pedestrian traffic access shall be provided. A traffic impact study shall be required as part of the Area Plan to project auto and truck traffic generated by the proposed uses. In addition, a Transit and Pedestrian Access Plan shall be provided as part of the Area Plan identifying transit and pedestrian access facilities including transit routes and access locations, sidewalks and connection to trail systems. C. Building Materials. New buildings shall blend with the materials of surrounding buildings. Building materials may be further defined as part of an approved Area Plan. Adopted 08/28/07 D. Crime Prevention through Environmental Design. All projects in the SE Zone shall demonstrate how CPTED principles will be used in the design and layout of buildings, streets accesses and open space areas. Design shall promote natural surveillance, access control, territorial reinforcement, sense of ownership and maintenance. CPTED landscaping guidelines shall be used, including planting shrubs with a maximum height of three feet and trees with a proper ground clearance of six feet above walkways and sidewalks and eight feet above vehicular travel and parking lanes. To encourage public safety through natural surveillance, natural access control, and territorial reinforcement, blank walls are not permitted adjacent to streets, pedestrian areas, and open space amenities. E. Architecture. Architectural design guidelines for the entire SE Zone shall be provided as part of a SE Area Plan. F. Signage. A signage plan shall be provided as part of a SE Area Plan. The plan shall identify the general location, type and size of all signs proposed and identify a coordinated and consistent signage system for the entire development. Signage shall unify the development and provide a positive image. The use of pole signs is prohibited. G. Lighting. Outdoor lighting shall be designed to minimize glare onto adjacent properties. The intensity of large fixtures shall be reduced by utilizing a larger number of smaller fixtures. Appropriate lights shall be used in smaller pedestrian spaces where quality light is especially important. All sidewalks and pedestrian ways shall include either bollard lighting, or down turned lighting, which shall note exceed twelve feet in height. Outdoor lighting, including streetlights, shall follow an overall pedestrian friendly thematic plan. All lighting shall be down directed and shielded to direct light to the entry or pedestrian way. Spotlights and floodlights are prohibited with the exception of approved landscape lighting. H. Building Height. Minimum and maximum building heights shall be addressed in the SE Area Plan. I. Landscaping. As part of an Area Plan for the SE Zone, a landscaping plan shall be provided identifying the conceptual landscaping design plan for the entire SE development. J. Street Trees. As part of an Area Plan for the SE Zone, a street tree planting plan shall be provided to improve and beautify the SE Zone. Street trees shall follow an overall thematic planting plan in order to promote a uniform appearance, however a variety of trees should be used to avoid monotony. K. Street Furnishings. All commercial frontages of the development shall include all-weather benches and shall incorporate trash receptacles and raised planters along the front façades of structures. All street furniture shall coordinate with one another. Section 33.140 Required Fiscal Sustainability. All SE Area Plans shall be capable of demonstrating both short-and long-term fiscal sustainability. All SE Area Plans must demonstrate that the costs incurred to provide the required infrastructure and services can be provided and funded in an economically sustainable, responsive, and responsible manner. To achieve these purposes, all SE Area Plans shall provide a fiscal analysis for review. Such fiscal analysis shall identify all infrastructure and services required by the SE Area Plan by phase, identifying when such infrastructure and services will be required, the methods of financing the construction and provision of all required infrastructure and services, and whether such infrastructure and services will be privately or publicly funded. The fiscal analysis shall also identify the proposed funding mechanisms for the provision of all necessary infrastructure maintenance and continuing provision of services for the SE Area Plan area for a minimum period of 20 years, identifying any financing surpluses or deficits. Section 33.150 Required Phase Relationship and Continuity. For an SE Area Plan which proposes that full build out will not occur immediately, but will occur in a number of phases over time, an SE Area Plan Phase Plan shall be provided which identifies a logical and sequential phasing scheme. The Phase Plan shall clearly identify that each proposed phase is capable of standing alone and is fiscally sustainable independent of any other phase. The Phase Plan shall identify strategies and techniques to provide design consistency, compatibility and connectivity to other proposed phases. The Phase Plan shall also identify the timing of proposed amenities so that the amenities are constructed at a proportionate rate to the construction of residential and commercial units. Section 33.160. Development Approvals and Permits. Following the establishment of a SE Zone, and approval and adoption of an Area Plan by the City Council, the applicant may prepare and submit applications for development approval, including subdivision and site plan approval pursuant to Chapter 11, Application Requirements, of this Code. The Applicant shall make a complete submittal according to the requirements specified in Chapter 11 and the City’s current application forms prior to the review of any development request by the City. Section 33.170. Inspection and Occupancy. A. All development and construction shall be subject to inspection and inspection approval by City Building Officials. The applicant shall make a complete submittal according to Lehi City Building Department’s building permit submittal checklist prior to review of any building permit by the City. B. If development exceeds the capacity of the City Inspection Staff, then independent professional inspection services may be secured. The hiring of the independent professional shall be the responsibility of the City and the cost of such additional inspection services shall be borne by the owners of the Sports Entertainment development. The hiring of the independent professional shall be done in mutual agreement between the City and the owners of the Sports Entertainment development. C. All development and construction shall be subject to occupancy approval by City Building Officials. Section 33.180 Variations from Development Code and Design Standards. In the process of approving an Area Plan for a SE Zone, the Planning Commission may recommend, and the City Council may approve, variations from applicable standards of this Code or the Lehi City Design Standards and Public Improvements Specifications Manual. Adopted 08/28/07