(A) The development shall be in a single or corporate ownership at the time of development or the subject of an application filed jointly by the owners of the property.
(B) The property adjacent to the planned residential unit development shall not be adversely affected, and to this end the Planning Commission may require, in the absence of appropriate physical boundaries, that uses of least intensity or greatest compatibility be arranged around the boundaries of the project. Yard and height requirements of the adjacent zone may be required on the immediate periphery of a PRUD.
(C) Building uses, building locations, lot area, width, yard, height, and coverage regulations proposed shall be determined acceptable by approval of the site development plan.
(D) The City Council, upon recommendation of the Planning Commission, shall require the preservation, maintenance, and ownership of the common open space utilizing, at the city’s option, one of the following methods:
(1) Dedication of the land as a public park or parkway system;
(2) Granting to the city a permanent common open space easement on and over the said private open spaces to guarantee that the open spaces remain perpetually in access, parking, recreation, or open space uses, 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
(3) Complying with the provisions of the Condominium Ownership Act, UCA Title 57, Chapter 8, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities.
(E) Recreation uses and facilities may be developed within the common open space areas in compliance with the recreation and landscaping plan being a part of the approved final level development plan of the PRUD.
(F) The developer shall be required to provide a surety by cash bond, escrow, or bank letter of edit in an amount determined by the City Engineer, sufficient to guarantee the completion of the development of the common open space, or a phase thereof. When completed in accordance with the approved plan, the bond shall be released.
(G) 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 areas in accordance with the approved plan. The bond shall be approved by the City Council and shall be filed with the City Recorder. If the second or third methods, as set forth above, are utilized to maintain the common open spaces, but the organization fails to maintain the open space in reasonable order and condition, the city may, at its option, do or contract to have done the required maintenance, and shall assess ratable the open space and individually owned properties within the PRUD. Such assessment shall be a lien against the property and shall be filed with the City Recorder, or the city may bring suit to collect the maintenance fees together with reasonable attorney’s fees and costs.
(H) If the planned residential unit development, or phase thereof, is to be subsequently divided as a subdivision into phase development parcels or separately owned and operated units, such division boundaries shall be indicated on the development plan and preliminary subdivision approval concurrently obtained in the case of a subdivision.
(I) 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.
(J) All proposed residential developments, with the exception of normal land subdivisions, within the city equal to, or in excess of, the minimum area requirements for a PRUD as set forth in § 157.434 shall comply with the provisions of this subchapter and be developed as a planned residential unit development.
(Prior Code, § 32.12) (Ord. 05-09, passed - -; Ord. 2-92, passed - -1992)