18.36.070 General Requirements

A. Ownership-Who May Apply. 1. Any individual, corporation or public agency, or group thereof, owning at least the minimum required acreage or having an option to purchase at least the minimum required acreage may apply for a zoning change to the desired planned residential unit development district. 2. If the property to be developed is subject to a purchase option, the final development plan shall not be approved until the applicant has exercised the option for all of the property to be developed as a phase if the proposed development is to be completed on a phase basis as herein provided. B. The Planned Residential Unit Development in Relation to the Master Plan. The planned residential unit development shall be consistent with the purposes, goals and recommendations of the city's comprehensive master development plan. C. Request for Zoning Change to PS-I-A Zone. At the time an application for a planned residential unit development, along with the preliminary plans are submitted, the applicant shall request a zoning change to a PS-1-A zone. D. Phase Development. If the proposed planned residential unit development is to be completed on a phase basis, the phase of the planned residential unit development that is to be considered for immediate development shall be of such a size, composition and arrangement that its construction marketing and operation is feasible as a complete unit without dependence on any subsequent unit or section. E. A Planned Residential Unit Development May be Subdivided. If the planned residential unit development is to be subsequently divided as a subdivision, into phase development parcels or separately owned and operated units, such boundaries as are created by the subdivision on the phase developments shall be indicated on all development plan and preliminary subdivisions approval concurrently obtained as in the case of a subdivision. F. Preservation of Open Space and Open Green Space. 1. The city council, upon recommendation of the planning commission, shall require the preservation, maintenance and ownership of open space and open green space utilized, at the city's option, one of the following methods: a. Granting to the city a permanent open space easement on and over the private open spaces to guarantee that the open spaces remain perpetually in recreational use, which may be with ownership and maintenance being the responsibility of a home owner's association established with articles of association and by-laws which are satisfactory to the city or may be with private ownership but with open space easements as more fully explained hereinafter; or b. Complying with the provisions of Condominium Ownership Act of 1963, Title 57, Chapter 8, UCA 1953, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities. Recreational uses and facilities may be developed within the common open space areas in compliance with a recreational and landscaping plan approved as part of the approved final development plan of the planned residential unit development. 2. The applicant shall be required to provide a surety or cash bond satisfactory to the city council guaranteeing the completion of the development of the open space, or a phase thereof, in the case of a phase development. When completed in accordance with the approved plan, the bond shall be released. If the open space is, at the time of the application, already developed in a manner satisfactory to the city council, no bond will be required. If uncompleted at the end of two years, the city will review the progress and may proceed to use the bond funds to make the improvements to the open space, and open green spaces in accordance with the approved plan. The bond shall be filed with the city recorder. 3. If the organization established, or private owner, fails to maintain the common areas 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 residents of common areas and individually owned properties within the planned residential unit development. 4. Nothing herein shall be construed to prevent the city from proceeding against the property and/or the residents of the planned residential unit development under any other authority the city may have to maintain the property to abate any nuisance that may exist in connection therewith. G. Design for Common Areas, Traffic Circulation and Public Utilities. 1. The overall design of the planned residential unit development must provide adequately for dwellings, open space, non-vehicular livability space, recreation and/or open spaces, parking and vehicle storage, pedestrian and vehicular circulation as well as all other needs of the development when it is fully populated. 2. The common property owned and operated pursuant to ordinance must be provided for and approved as part of the final plan development process. 3. The design for traffic circulation within and around the planned residential unit development shall indicate which streets are to be dedicated to the public and which are to remain as private roadways. 4. All public utility service cables and wires, as well as other necessary and like devices shall be placed underground in rights-of-ways dedicated for their use. H. A Planned Residential Unit Development with a Home Owner's Association. In the event the common areas and property are to be owned and maintained by a home owner's association then the articles of the association and the respective by-laws which govern the operation of the home owner's association, under which the care and maintenance of the open space, open green space, and private roads is entrusted, in addition to the required dedications, covenants and other legal agreements must: 1. Provide each family living in the planned residential unit with an automatic membership in the nonprofit homeowner's association; 2. Place title to common property in the home owner's association; 3. Appropriately limit and so stipulate the uses of common property; 4. Provide that each homeowner and their guests have the right to use and enjoy the common property; 5. Provide that each homeowner has an equal voting right in the affairs and operation of the home owner's association; 6. Place the responsibility for operation and maintenance of the common property in home owner's association; 7. Provide for an adequate charge to be levied on each homeowner for the purpose of assuring sufficient funds to provide adequate maintenance of all common areas; 8. Provide that the failure of the homeowner to pay the assessed fee for purposes of maintaining the common areas within a reasonable period of time shall cause the home owner's association to file a lien against the property for the amount of the fee due together with reasonable attorney fees and costs to foreclose the lien with the Weber County Recorder, for the benefit of the home owner's association and the city may bring suit to collect the maintenance fees, together with a reasonable attorney's fee and costs. I. A Planned Residential Unit Development with Open Space in Private Ownership. In the event open space is to be owned and maintained by a private entity, then in such event appropriate legal documents shall be executed by proper parties to guarantee: 1. That each family living in the planned residential unit development has an automatic right to the use and enjoyment of the open space; 2. That the uses of the open space are appropriately limited and stipulated; 3. That the responsibility for operation and maintenance of the open space is in the private entity; 4. An adequate method of assessing an adequate, reasonable and just charge on each homeowner in the planned residential unit development to assure sufficient funds to provide property maintenance of the open space; 5. That upon failure of a homeowner to pay the assessed fee for purpose of maintaining the open space within a reasonable period of time the private entity shall cause a lien to be filed against the homeowner's property with the Weber County Recorder for the amount due together with reasonable attorney's fees and costs to foreclose the lien. J. Required Plat and Covenant Information. The plats and covenants filed by the developer shall identify: 1. The property to be transferred to public agencies (i.e., streets); 2. The individual residential lots; 3. The common properties to be used for parks, playgrounds, open spaces, parking and the like; 4. Any other parcels such as a church site; and 5. In the event private lands are to be part of the PRUD, the proposed easements, covenants and descriptions, of the private lands to be used as common open spaces. K. The subdivision ordinances of this city as they now or hereafter may exist shall apply to all planned residential unit developments except as inconsistent with this chapter. L. Required Filing and Development Fees. The filing and developing fees for PRUD dwelling units shall be set by resolution of the city council annually. The resolution shall be in writing and passed at a regular city council meeting by a majority of the city council and shall be posted as required for city ordinances. (Ord. 87-17.03 (part), 1987: prior code §34-13A-7)