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A. Required: For purposes of recordation, the final approved plat shall be recorded as a subdivision and be included in the subdivision plat records of the Weber County Recorder's office. Recordation by the City shall only take place after all of the necessary signatures are obtained, all approvals given, and all bonds and fees are posted with the Public Works Department.
B. Covenants, Conditions And Restrictions:
1. The City may require the applicant to submit for recording covenants, conditions and restrictions which will provide adequate guarantees for the permanent retention and maintenance of open space area, landscaping, natural features, architectural design standards and design components used to achieve density bonus. The covenants, conditions and restrictions shall include, at a minimum, provisions for:
a. The establishment of a homeowners' association, unless the property will continue to be held in single ownership by either a corporation, partnership or an individual and restrictions are recorded requiring establishment of a homeowners' association in the event that the unity of title is not maintained; and
b. A notice to subsequent owners of the need to obtain City approval of changes to the PRUD which may require either an amendment to the final development plan or to the conditional use permit.
2. Streets not constructed to City standards for public roads shall be noted in a required covenant. Such covenant shall provide that such streets cannot be dedicated in the future unless brought up to City standards.
3. Each phase submitted for review shall include the covenants, conditions and restrictions for approval.
4. Where covenants, conditions and restrictions are imposed upon a PRUD, two (2) copies of the declaration of covenants, conditions and restrictions shall be submitted to the City, signed and prepared for recording at the Weber County Recorder's office prior to approval of a final plat.
(Ord. 93-30, 7-27-1993)
A. Any changes in the proposed final development plan which involves a substantial change to the conditional use permit used in the preliminary plan review process shall be approved by amendment to the conditional use permit after notice as required in the Planning Commission's rules and procedures for issuance of a conditional use permit.
B. All development shall conform to the final plan. Minor changes in the location, siting or character of buildings and structures may be authorized by the director if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized under this section may cause any of the following:
1. A change in the use or character of the development.
2. An increase in the overall density or intensity of use.
3. An increase in overall coverage of structures in designated common areas.
4. A reduction or change in character of approved open space.
5. A reduction of required off-street parking.
6. A detrimental alteration to the pedestrian, vehicular and bicycle, circulation and utility networks.
7. A reduction in required street pavement widths.
8. Any substantial changes to the conditional use permit.
C. Any major changes in use, or rearrangement of lots, blocks, building tracts or grouping, or any changes in the provision of open space and significant changes as noted above, must be approved by the planning commission as an amendment to the conditional use permit. In case of amendments after final approval, such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final development plan was approved. Any major changes must be recorded as amendments and be reviewed and approved in accordance with procedures established for final development plan review.
(Ord. 93-30, 7-27-1993; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001)
A. Preliminary and Final Development Plan: Building permits for the development of an approved PRUD, or the first phase of a PRUD, must be obtained within eighteen (18) months following submission of a complete application for a PRUD preliminary development plan/conditional use permit. Failure to obtain a building permit within the specified time period shall result in a revocation of the conditional use permit, and the approved preliminary development plan, rendering both approvals null and void; provided, however, that one extension of six (6) months may be granted for the final approval and obtaining a building permit by the planning commission for a showing of good cause and provided no ordinance changes have occurred within the eighteen (18) months that would alter the project development.
B. Time Limitation of Phasing Approval: A PRUD approved as a phase development shall have a maximum of seven (7) years to obtain permits for all phases of the PRUD. Failure to obtain the permits and commence construction of the final phase of the PRUD shall nullify the approval of the phase or phases that have not obtained a building permit and commenced construction within six (6) months following approval and issuance of the initial building permit for the specific phase or phases.
C. Conditional Use Revocation: Any property for which a conditional use permit has been revoked or a plan determined to be null and void for failure to comply with the above time limitations shall thereafter be subject to the zoning and subdivision ordinances otherwise applicable to said property.
(Ord. 93-30, 7-27-1993; amd. Ord. 2022-20, 5-3-2022)
A. Financial Guarantees: Prior to the recording of a PRUD subdivision plat and prior to the issuance of any building permit on property covered by a PRUD final development plan, financial guarantees acceptable to the city as follows:
1. A financial guarantee meeting the requirements of section 15-13-23 of this title, sufficient in amount to cover the cost of all private infrastructure, amenities and required landscaping in common open space, and, public infrastructure improvements, if such financial guarantee mechanism is approved by the city engineer;
2. For public improvements, a financial guarantee meeting the requirements of the subdivision title.
B. Completion Of Improvements:
1. Infrastructure: All street improvements, sidewalks, curb and gutter, storm drainage facilities, water and sewer lines, and all other such surface and underground improvements shall be completed prior to occupancy.
2. Amenities And Landscaping: Notwithstanding the provision above, all amenities shall be completed prior to occupancy unless inclement weather prevents their completion, in which case one extension of six (6) months for amenities and landscaping may be granted. If not completed at the end of the six (6) month period, the city will review the progress and may proceed to use the guarantee funds to make the improvements in accordance with the approved plan.
C. Property Ownership: Plans submitted for preliminary and final development review may be filed jointly by multiple owners, provided all owners have signed the proposed plans. The applicant shall submit a title report demonstrating compliance with this subsection. The area proposed for a PRUD shall be in single ownership or corporate ownership prior to recording of the final plat in order to provide for full supervision and control of said development, and to ensure conformance with the provisions of this chapter.
D. Phasing: If the sequence of construction of various portions of the final development plan is to occur in stages, then the open space or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. A phasing plan, including size and order of phases, shall be approved by the planning commission. Such phasing plan shall have the written approval of all property owners. In addition, the approved phasing shall be submitted to the city recorder for recordation with the county recorder's office as a covenant to run with the land.
(Ord. 93-30, 7-27-1993; amd. Ord. 98-37, 6-16-1998)
Plans submitted for preliminary and final development review may be filed jointly by multiple owners, provided all owners have signed the proposed plans. The area proposed for a PRUD shall be in single ownership or corporate ownership prior to recording of the final plat in order to provide for full supervision and control of said development, and to ensure conformance with the provisions of this chapter. The applicant shall submit a title report demonstrating compliance with this section.
(Ord. 93-30, 7-27-1993)
If the sequence of construction of various portions of the final development plan is to occur in stages, then the open space or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. A phasing plan, including size and order of phases, shall be approved by the planning commission. Such phasing plan shall have the written approval of all property owners. In addition, the approved phasing shall be submitted to the city recorder for recordation with the county recorder's office as a covenant to run with the land.
(Ord. 93-30, 7-27-1993)
In case of failure or neglect to comply with any and all of the provisions of this chapter, and the conditions and stipulations herein established, and as specifically made applicable to a PRUD, the building official shall not authorize occupancy of any structure. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter.
(Ord. 93-30, 7-27-1993; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001)
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