§ 17.7.507. Planned community development projects.

A.

Intent. The intent of the provisions of this section are:

1.

To provide a process for the integrated design, approval and development of planned community development projects, which projects provide for a mixture of land uses (residential, retail, office, light industrial, etc.), variety in residential densities and dwelling types (one-family detached, multi-family, etc.), ready access to parks and other open space areas and also public and semi-public areas and facilities (schools, churches, etc.), streets, trails and other forms of transportation, and other uses as are essential to the establishment of a livable and economically viable community.

2.

To ensure diversity and balance in the range of uses to be included within the planned community development project, to the end that the project will result in a true "planned community" providing for a variety of life-styles and individual interests in a safe and pleasing living environment and an economic viability which is sufficient to support the public service needs of the residents.

3.

To establish criteria and standards for the design and development of planned community development projects and project amenities and the essential utility systems and facilities required to serve the project residents.

4.

To set forth the duties and responsibilities of developers and residents with respect to the approval, construction and maintenance of such projects.

5.

To clearly establish the relationship of the city and developer with respect to review and approval of such projects.

B.

Permitted uses. Each planned community development project shall include a variety of land use types, areas and facilities, and also a range of residential densities which, in combination, will result in a balanced urban community environment.

1.

Each planned community development shall include a combination of the following:

a.

One-family and two-family residential units on individual lots.

b.

Multi-unit residential structures.

c.

Retail commercial establishments.

d.

Office commercial establishments.

e.

Public and semi-public buildings and areas including, but not limited to, schools, administration offices, fire stations, water storage reservoirs, churches, recreation centers.

f.

Parks, trails and other forms of open space.

g.

Areas and facilities devoted to vehicular and pedestrian circulation (roads, trails, sidewalks, bus terminals, etc.).

2.

In addition to the above required elements, a planned community development project may include other uses and areas typically included as a part of balanced community environment including, but not limited to:

a.

Regional and community shopping centers.

b.

Light industrial and manufacturing structures.

c.

Mixed-use structures containing a combination of two or more uses.

C.

Minimum project area. The minimum initial project area for a planned community development project shall be one hundred acres. The lands within the project area shall be contiguous and be of a dimension which constitutes a logical design and development area. The outer boundaries shall not be drawn to leave isolated or derelict parcels not readily suited for independent development. In the event that the proposed project area includes lands owned by more than one person or entity, the request for approval shall include evidence that all land owners within the proposed project area are parties to the request. There shall be no minimum area for subsequent additions to the initial project area, except that any such additional area shall constitute a logical extension of the initial phase, as determined by the planning commission

D.

Approval procedure. Approval of a planned community development project shall include a multi-step process, with each step providing an increased level of detail, as follows:

1.

Step 1—Overall concept approval—Overall project concept plan required. To encourage innovation and flexibility in the design of planned community development projects, the initial step in the approval process is the preparation of an overall project concept plan. The overall project concept plan shall include the following elements:

a.

A Natural conditions analysis map showing all areas within the project having a probability of being unsuited for development as a result of natural or man-caused conditions (i.e., wetlands, topography, chemical disposal sites, etc.)

b.

A basic layout plan for the entire project area. The layout plan, shall be prepared at a scale not less than one inch equals two hundred feet and shall show and identify:

1)

The component areas of the project (residential, commercial, mixed use, etc.).

2)

The intended use of all lands within each of the component areas (i.e., detached one-unit residential, attached multi-unit residential, office park shopping center, open space and trail facilities, etc.).

3)

For residential areas, the intended housing style(s) and proposed residential density.

4)

For commercial areas, the type(s) of commercial development proposed and the intended square footage of commercial buildings to be developed.

5)

The location of all areas to be retained in open space and trails.

6)

The location and size of all areas intended to be used for public or semi-public use.

7)

The location of all major streets and other transportation systems and corridors.

8)

The location and size of any areas intended for placement of water, sewer or other utility facilities.

c.

A development phasing plan (where the project is proposed to be developed in phases) showing the area(s) to be included within each proposed phase of the development, the sequence of development for the several phases, and an estimate of time for the development of each phase. The development phasing plan shall conform with the provisions of subsection H. of this section.

d.

A utility development plan showing the intended method for providing the essential utility facilities required for the development of the project.

e.

An economic viability plan providing an estimate of tax and other municipal revenues anticipated to be generated from each of the phases and a summary of municipal expenditures for each.

2.

Step 2—Approval of overall concept plan. The terms of the PC planned community zone establish only minimum standards for land use, size of commercial areas, amount of land devoted to open space and public and semi-public uses. The planning commission may require the inclusion of additional uses, materials and facilities in the design of the project plan which exceed the minimum standards set forth in this section. Approval of the overall concept plan shall be by ordinance passed by the city council, following the receipt of a recommendation from the planning commission and hearing on the plan, all in accordance with the procedure and standards for amendments to a zoning ordinance as set forth in Utah State Law and Section 17.11.100 of this code.

Upon passage of the ordinance approving the overall concept plan by the city council, the planned community project, as set forth on the overall concept plan, shall be considered vested and the various land uses identified in the plan, the residential densities shown for the various component parts set forth on the plan, the commercial square footage amounts identified on the plan and other areas and uses shown on the plan shall constitute the land use and density requirements applicable within the project area. Thereafter, the city shall be committed to grant preliminary and final project approval of the land uses and at the densities set forth on the plan, subject to compliance with the more detailed standards, requirements, and any conditions for approval of preliminary plans and recording of final plats applicable to such project plans.

3.

Step 3—Approval of a detailed preliminary plan. The detailed preliminary plan shall include one or more of the development phases identified as part of the overall concept plan. The detailed preliminary plan shall include the following elements:

a.

A detailed layout plan for the entire phase area. The layout plan, shall be prepared at a scale not less than one inch equals one hundred feet and shall show and identify:

1)

The specific layout of the phase area showing the intended use of all lands, the location and size of each residential lot, and the placement, size and use of each proposed multi-unit structure and proposed commercial or mixed-use structure.

2)

The specific location of all streets and roads, showing the circulation pattern within the phase area and any off-site roads required to provide access to the phase area.

3)

The location and intended improvement of all areas to be retained in open space and trails.

4)

The location and intended improvement of all areas intended to be used for public or semi-public use.

5)

Preliminary engineering drawings showing the proposed cross-section of all streets and the location and size of all water, sewer and other utility lines within the phase area, including any off-site lines and facilities required to provide adequate utility service to the phase area.

6)

The location and size of all storm water drainage and treatment facilities. Also, storm water calculations showing the conditions under a one-hundred-year frequency storm.

b.

A detailed geotechnical report of the phase area.

c.

A detailed natural conditions analysis map showing all areas within the phase area determined to be unsuited for development as a result of natural or man-caused conditions (i.e., wetlands, topography, chemical disposal sites, etc.).

d.

A detailed economic viability plan for the phase area summarizing the extent of uses and activities to be included within the phase area and providing an estimate of tax and other municipal revenues anticipated to be generated from the phase area and a summary municipal expenditures.

e.

A summary indicating the intended ownership of projects within the phase area (i.e., subdivision, condominium). Also, a summary of the intended ownership of any proposed open space, public, and semi-public lands included in the phase area and evidence from the intended owner of an intent to acquire or accept title to the designated area.

4.

Step 4—Approval of detailed preliminary plan. The procedure for approval of a proposed detailed preliminary plan shall be as set forth under Section 17.7.200 of this code.

5.

Step 5—Preparation of final plat. A final plat is required wherever the plan provides for the division of larger parcels or the sale of condominium units. The final plat shall include all or a portion of the area within the detailed preliminary plan and shall consist of the following elements:

a.

The original plat mylar, prepared on forms approved by the county recorder.

b.

Copies of the final engineering drawings.

c.

An engineer's estimate of the cost of construction of all required improvements. This estimate is to be used as the basis for establishing the amount of the performance guarantee.

d.

Evidence of tax clearance as required by state law.

e.

Copies of required condominium, planned unit development or other required documents.

6.

Approval of final subdivision or condominium plats. The procedure for approval of proposed final plats shall be as set forth under Section 17.7.200 of this code.

E.

Project approval guidelines.

1.

The planning commission shall review the proposal and may recommend approval upon finding that:

a.

All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.

b.

The plan conforms in all respects to the design standards and criteria for the project.

c.

The site is suitable for development as a planned community project and will be consistent with existing development in the vicinity and compatible with the general plan for the area.

d.

The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.

e.

The project, if developed, will accomplish the objectives as stated under subsection A. above.

2.

The planning commission and city council may require changes in the plan in order to more fully accomplish the intent, as stated in subsection A. above. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space, and provisions for the disposal of surface water drainage.

F.

Design standards and criteria. Any proposal to develop a portion of a planned community development project shall conform to the following:

1.

Plan to conform with overall concept plan. The plan submitted with any proposal to secure approval for development of all or a phase of a planned community development project shall be in substantial compliance and consistent with the terms of the approved overall concept plan and phasing scheme.

2.

Plans to be consistent with general plan.

a.

All plans for approval of a portion of a planned community development project shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed Project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design shall incorporate such street and trail in the location shown on the plan, and the approval of any final plat shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standards.

b.

The proposed street system shall properly align and be compatible with adjacent streets.

c.

In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of property adjacent to the stub street shall provide for the continuation of the stub street.

3.

Plan to identify and accommodate natural constraints to development.

a.

All plans for the development of a portion of a planned community development project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, a natural and physical conditions analysis map shall be prepared by the applicant showing the location and extent of any natural or man caused condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of any historic drainage channel (slough), flood way, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Army Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition.

b.

Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.

c.

Any portion of the project area determined by the city to be inappropriate for development shall be included in the open space portion of the project.

d.

Projects which include open water (streams, slough, springs, etc.) shall include provisions to protect the quantity and quality down stream water rights.

e.

Project plans should include provisions which preserve historic drains and underground water flows.

4.

Residential areas to be identified—Maximum residential density.

a.

All portions of the planned community development project intended to include primarily residential units and appurtenant open space areas shall be identified and placed into one or more residential neighborhood density districts. The maximum number of dwelling units within each residential neighborhood density district shall be twelve dwelling units per gross acre within the district, not including existing public streets.

b.

No portion of a residential neighborhood density district which contains attached housing units shall have a density greater than twenty-four dwelling units per gross acre.

c.

All portions of a planned community development project intended to be devoted primarily to commercial, office, or manufacturing use shall be placed into one or more community commercial districts. A community commercial district may include residential units which may be located above the first floor of commercial buildings or in separate structures intermingled with commercial structures. There shall be no maximum number of dwelling units within this district, except as set forth on the approved overall plan.

5.

Project streets/travelways and pedestrian ways.

a.

Major streets. The project plan shall include all streets identified on the general plan in the approximate location shown on the general plan. All streets shown on the general plan shall be public streets and shall be dedicated to the public. All such streets shall conform with city standards.

b.

Local streets and alleys. The project shall be served by an internal street/vehicular travel way system consisting of a combination of local streets and alleys. Any local street proposed to be dedicated to the public shall conform to the standards for public streets. Local streets intended to remain as private streets and all alleys shall conform with the standards for private streets as set forth on the private street cross-section standards set forth under Figure 17.7.507-A and be conveyed to the project home owners association as common property. Examples of possible locations for alleys within a planned community project are shown on Figure 17.7.507-B.

1)

Alleys. An alley is a narrow street, twenty feet or less in width, through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street. Alleys allow service areas to be located in the back of homes and provide for greater separation of vehicular and pedestrian traffic. Alley standards: Sixteen feet (three-foot setback required) or twenty feet (no setback required).

2)

Dead ends and cul-de-sacs. Only local streets may be dead-end streets. No dead end shall exceed two hundred fifty feet in length, not including turn-around. Dead-end streets must terminate in approved turn-arounds as described in the general plan. Where dead ends and cul-de-sacs are used, pedestrian connections to through-streets may be deemed necessary.

3)

Blocks. The length, width, and shape of blocks shall be designed with due consideration of pedestrian circulation and safety of street traffic. Block size and street connectivity between parcels should allow for short walks. A standard of one street every six hundred feet is the suggested guideline for block size, but this standard may be applied flexibly if deemed necessary to accommodate the limitations and opportunities of topography.

c.

Parking.

1)

Amount of parking. The project design shall provide adequate off-street parking spaces for the residents. The number of parking spaces required shall conform to the provisions of Section 3-1-1-2 of the Off-Street Parking Standards Ordinance.

2)

On-street parking—Private streets. On-street parking shall be permitted on streets having sufficient width as set forth on Figure17.7.507-A. The location of on-street parking spaces shall be shown on the approved final plat and may be included in meeting the off-street parking requirements for the project. The size and design of on-street parking spaces shall conform with the terms of the Off-street Parking Standards Ordinance. On-street parking spaces shall be located not closer than five feet to an intersection with another private street or alley or twenty feet to an intersection with a public street, provided, there are no conflicts with the sight triangle or state law requirements.

3)

On-street parking—Public streets. On-street parking on a public street shall be allowed in accordance with city policies and requirements.

d.

Ownership and maintenance. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall: (a) be conveyed to a property owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option); or (b) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).

1)

Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:

a)

The layout of the travelway and pedestrian system shall be designed in a manner which provides adequate vehicular circulation and is consistent with the major street plan for the area.

b)

All lots and structures within the project shall be accessed only from the internal travelway and pedestrian system.

c)

All points of vehicular ingress and egress from a public street to a component project (subdivision, residential PUD) shall include an entrance monument identifying the name of the project and indicating the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.

d)

The cross-section of each travelway and pedestrian system shall conform with city standards for private streets and with standards articulated in subsection F.5.b. above. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.

e)

The design shall provide adequate off-street parking in accordance with city standards.

f)

The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.

g)

Streets and pedestrian walkways on the boundaries of a project shall conform to city standards for subdivisions and all required public improvements to the adjacent public street shall be constructed as a condition of approval and the street right-of-way dedicated to the city.

2)

Public street option. Where the plan provides that the travelway and pedestrian system is to be dedicated to the public, all streets shall conform to city standards for right-of-way width, be improved in accordance with city standards, and be dedicated to the city.

6.

Location of buildings to be specified.

a.

One- and two-unit residential structures.

1)

For portions of the project area intended for development of one- and two-unit residential structures, the plan shall show the location and size of each lot and its intended use and shall indicate the minimum setback requirements to be applicable.

2)

Standards.

(a)

Buildings that are located within thirty feet of a front or side property line facing a street shall have at least twenty-five percent of the wall in window or door areas.

(b)

No portion of a side setback area adjacent to a street shall be used for off-street parking.

(c)

Parking areas shall not be located between buildings and the street. Parking areas may be located in the interior side setback area and behind the buildings.

(d)

Access to the buildings shall come directly from the street and/or a sidewalk.

(e)

Ground floor pedestrian entrances must be oriented toward the street or an open space accessible from a street.

(f)

Distance from homes to street. Dwellings that do not face public or private streets, but instead face open space, parks, common areas, etc., must also comply with the International Fire Code for Fire Apparatus Access Roads.

(g)

Primary and secondary access. For purposes of compliance with the terms of this section, primary and secondary access shall be determined as follows:

(1)

Primary access is determined by the location of the front door. The front door is considered the primary access.

(2)

Primary access is from public streets, private streets and/or sidewalks

(3)

Alleys are considered secondary access as long as the distance from streets complies with subsection F.5.b.

b.

Multiple unit residential, commercial, office, manufacturing and mixed use structures.

1)

For portions of the project area intended for development of multiple unit residential, commercial, office, manufacturing and mixed use structures, the plan shall show the location, height, and intended use, number of residential units and square footage of commercial, office, manufacturing or other non-residential uses within each structure.

2)

The plan shall show the areas intended for use as off-street parking and landscaping and any other major use or activity to be included as a part of the project.

3)

Standards.

(a)

Building primary orientation shall be toward the street rather than the parking area.

(b)

At least sixty percent of the street frontage shall have buildings within ten feet of the property line. Parking is not permitted in this area.

(c)

Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street.

(d)

The principal entrance must be designed to be readily apparent. Buildings that are open to the public and are within thirty feet of the street shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functional, be a distinctive and prominent element of the architectural design, and shall be open to the public during all business hours.

c.

For portions of the project area intended for development as public or semi-public spaces uses, the plan shall show the area and intended use and proposed owner, but need not show the specific location of the structure. The plan shall also contain a summary of how ownership of the area is to be transferred and evidence of acceptance by the intended occupant.

d.

For portions of the project area intended to be used as parks, trails or other open space use, the plan shall show the area to be included, the intended use, the method for development (where required) and the intended owner, and the proposal for conveyance (if intended to be owned by the city or other entity).

7.

Open space to be preserved.

a.

All common open space area shall be maintained so that its use and enjoyment as open space are not diminished or destroyed. To ensure that all designated open space area will remain as open space, the applicants/owners shall provide for the preservation of the area as open space through one or a combination of the following:

1)

Dedicate or otherwise convey title to the open space area to the city for open space purposes; or

2)

Convey ownership of the open space area to the property owners association established as part of the approval of the project, where applicable; or

3)

Convey ownership of the open space area to a third-party open space preservation agency.

b.

In the event alternative (2) or (3) is used, the developer shall also execute an open space conservation easement in favor of the city over all common open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city.

c.

The appropriate method for ensuring preservation shall be as determined by the city at the time of development approval.

8.

Building design.

a.

The city may require the submission of typical or specific building plans and elevations for structures proposed within the project.

b.

Standards (single-family residential). For buildings located on lots less than ten thousand square feet, or any attached single family houses:

1)

Garage frontage shall not occupy more than forty percent of the total building frontage facing street; notwithstanding, however, garage frontage may occupy an area greater than forty percent of the total building frontage facing the street if one or more of the following criteria are met: (1) garage is set back at least five feet from the building front/building face, (2) garage faces inward, toward a common shared driveway, (3) garage faces an alley entrance, or (4) building front setbacks are staggered a minimum of five feet from each adjacent building.

2)

Diverse model types. At least four different models shall be provided.

3)

All walls facing a street other than an alley must contain at least twenty-five percent of the wall space in windows or doors.

4)

Primary entries shall face the public street, a common open space, or the sidewalk.

c.

Standards (multi-family residential). The same exterior design may not be used for more than sixty percent of the units in a project, except if the project consists of a single structure of more than thirty units. A variety of compatible exterior materials, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, and roof lines should be used.

d.

Standards (commercial or mixed-use).

1)

Building materials. A variety of compatible exterior materials, colors and design shall be used.

2)

Reflectivity.

(a)

Fronts and street sides of buildings visible from the public right of way shall be nonreflective.

(b)

Secondary building materials may include copper, brass, and wrought iron in their natural state and exposed metal painted, stained or anodized.

(c)

Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of undivided glass surfaces are discouraged.

(d)

Metal roofs are permitted provided they do not produce glare.

3)

Pedestrian interface. At least fifty percent of any wall area that faces and is within thirty feet of the main street, plaza or other public open space shall contain display areas, windows, or doorways. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas. Walls facing side streets must contain at least twenty-five percent of the wall space in windows, display areas, or doors. Blank walls ( i.e., walls without any doors or windows) within thirty feet of the street are prohibited.

9.

Landscaping standards and tree canopy requirements, as outlined in the land use element of the general plan.

a.

Subject to the provisions/requirements of subsection b. hereof, healthy trees greater than six-inch caliper shall be incorporated into the required landscaping of the site-except (1) in the case of parks designed for active rather than passive uses, and/or (2) where said trees are listed by the state or city as noxious, hazardous, or deleterious, and should be removed.

b.

Applicants/owners shall submit a detailed evaluation of all trees on the site of the project by a certified arborist, together with said arborist's recommendation as to which trees should be retained and which need to be removed in the interest of safety. Such plan shall be reviewed by the city and, if approved, shall become binding upon the development.

10.

Streetscape requirements apply to multi-family and large commercial or mixed-use units.

a.

One street tree chosen from the street tree list shall be placed for each 30 feet of property frontage on the street.

b.

Hard scape shall be utilized to designate "people" areas.

c.

Outdoor storage areas shall be screened from view from adjacent public rights-of-way.

d.

Loading facilities shall be screened and buffered when adjacent to residentially zoned land and public streets.

11.

Common facilities. Where the proposed open space includes developed or usable space or facilities ( e.g., tennis courts, pavilions, and swimming pools) intended for the use by project residents, the organizational documents shall include provisions for the assessment of adequate performance guarantees required to secure the construction of required improvements—including the costs of installation of all landscaping and common amenities; and the preparation of a maintenance fee schedule, to be incorporated into the organizational documents, establishing the reasonable costs for maintenance of common facilities.

12.

General provisions applicable. In addition to the specific standards set forth herein, all planned community projects shall conform to the general requirements for large scale developments as set forth in Sections 17.7.100 through 17.7.400 of this code.

G.

Improvement requirements. Each proposed project shall contain the following public and/or essential common improvements. Construction of all public and essential common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards (where such standards are adopted) or as specified on the approved plans (where no city standard has been adopted), all as directed by the city engineer. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements for planned unit developments.

1.

Public streets and private travelways which shall be hard-surfaced.

2.

Curbs, gutters and pedestrian walkways/trails.

3.

Drainage and flood control structures and facilities.

4.

On-site and off-site water mains (culinary and pressurized irrigation) and appurtenant facilities.

5.

On-site and off-site sewer mains and appurtenant facilities.

6.

Storm water collection and disposal facilities.

7.

Permanent survey monuments.

8.

Gas, electric, telephone and conduits for cable TV/fiber optic network (which shall be placed underground).

9.

Landscaping and any common structure or facility proposed for the development as shown on the final plans.

10.

RV storage area (if any).

11.

Street lighting.

H.

Project documents. The following documents shall be prepared and submitted by the developer for each project.

1.

Article of incorporation for property owner's association (as applicable).

2.

Association by-laws (as applicable).

3.

Covenants, conditions, restrictions and management policies (CC&Rs).

4.

Open space preservation easement (as applicable).

5.

Documents conveying water rights to the city (as applicable).

6.

Engineer's estimate of probable cost for all public and essential common improvements.

7.

Development agreement between the developer, city, and bond provider.

8.

Evidence of conveyance of water rights.

I.

Project phasing. Where a project is proposed to be constructed in multiple phases, each phase shall conform to the following:

1.

The proposed phase shall consist of one or more of the phases shown on the development project phasing plan (subsection D.1.c.).

2.

Each phase shall include a combination of the land use categories proposed for inclusion in the project and shall provide for a balanced development scenario for each phase.

3.

Each phase shall constitute a self-contained design sub-element of the project and not be dependant on improvements proposed in future phases (i.e., open space area, adequate roads, and access to utilities).

4.

Title to all portions of the project intended for conveyance to the public for street, trail, open space or other public purpose, and all off-site areas containing streets and/or utilities essential to the development of the project, shall be conveyed to the city or the applicable entity at the time of approval of the first phase of such project.

5.

All portions of the project area intended to be a part of the essential common facilities or amenities of the project shall be identified and preserved for the intended purpose. The nature of the documentation used to ensure preservation shall be as determined by the city at the time of final approval of the first phase. Where the proposed common amenity consists of open space, the owner shall execute an open space conservation easement in favor of the city over all common open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city.

6.

A performance guarantee covering the estimated cost of construction, for all public improvements and all essential common improvements for the entire project area (i.e., all phases of the proposed project), shall be posted at the time of final approval of the first phase of the project.

(Ord. No. 2012-02-05, pt. I(§§ 1, 2, 4), 2-28-2012; Ord. No. 2014-06-23 , §§ 1, 2, 6-24-2014; Ord. No. 2017-10-59 , pt. I, § 2, 10-24-2017)