10-4D-4 General Requirements

1. Ownership: The development shall be in a single or corporate ownership or the application filed jointly by the owners of the property. 2. Adjacent Property not Adversely Affected: The property adjacent to the PUD shall not be adversely affected. The Planning Commission may require in the absence of appropriate physical boundaries the use of walls of the least intensity or greatest compatibility be arranged around the boundaries of the project. Yard and height requirements of the adjacent zone shall apply on the periphery of the project. 3. Site Development Standards; Signs: Site development standards and sign regulations shall be determined by approval of the site development plan. 4. Open Space: The City Council, upon recommendation of the Planning Commission, shall require the preservation, maintenance and ownership of open space utilizing, at the City’s option, one of the following methods: a. Dedication of the land as a public park; or b. Granting to the City a permanent open space easement on and over the said private open spaces to guarantee that the open space remains perpetually in recreation 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 c. Complying with the provisions of the Condominium Ownership Act of 1963, Utah Code Annotated title 57, chapter 8, as amended, 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 opens space areas in compliance with a recreation and landscaping plan approved as part of the approved final development plan of the PUD. If the method prescribed in subsection D2 or. D3 of this Section 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 PUD. Such assessment shall be a lien against the property and shall be filed with the Sanpete County Recorder, or the City may bring suit to collect the maintenance fees, together with a reasonable attorney fee and cost. 5. Bond Required: The developer shall be required to provide a bond, as determined by the Planning Commission, to the City 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 City will review the progress and may proceed to use the bond funds to make the improvements to the open space. 6. Access Roads Creating Corner Lots: Where access roads create corner lots of adjoining parcels of land, the location of the paved area of the access road shall be located so as to maintain the minimum corner lot side yard requirements of the zone in which the corner lot is located, plus an additional ten foot (10’) planting and walking area. 7. Division Boundaries: If the PUD is to be subsequently divided either as a “subdivision” or into a phase development parcel of 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”. 8. Adaptability of 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. 9. Changes, Alterations: Once the overall development plan showing details of buildings, structures, and uses has been approved by the City Council after recommendation of the Planning Commission, no changes or alterations to such development plans or uses shall be made without first obtaining approval of the Planning Commission. Major revisions require City Council approval. (Ord. 2000-4-12, 4-1 2-2000)