17.80.010 - Definitions.

"Common open space" is land area in a planned unit development reserved and set aside for recreation uses, landscaping, open green areas, parking and driveway areas for common use and enjoyment of the residents of the PUD.

"Common open space easement" is a required right-of-use granted to the residents of the PUD by the owner of a planned unit development, on and over land in a planned unit development designated as common open space, which easement guarantees that the designated common open space and recreation land is permanently reserved for access, parking and recreation and open green space purposes in accordance with the plans and specifications approved by the planning commission and county commission at the time of approval of the PUD or as such plans are amended from time to time with the approval of the county commission.

"Duplex" is a house that is divided into two halves and is inhabited by two separate families or tenants with separate entrances with both units being owned by one individual.

"Planned unit development (PUD)" is a development in which the regulations of the zone, in which the development is situated, are altered to allow flexibility and initiative in site, building design and location in accordance with an approved plan and imposed general requirements.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.020 - Purpose.

A planned unit development (PUD) is intended to allow for diversification in the relationship of various uses and structures, to permit more flexibility, and to encourage new and imaginative concepts in the design of neighborhood and housing projects. To this end, the development should be planned as one complex land use, rather than an aggregation of individual unrelated buildings located in separate unrelated lots. Substantial compliance with zone regulations and other provisions of this title in requiring adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of large-scale site planning for residential and related purposes, including commercial uses incidental to the residential development. The county commission may establish by resolution fees to cover the costs of plan review and inspection of the PUD development.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.030 - Use regulations.

A.

A PUD shall be permitted as a conditional use in the A-1, RA-1, R-1, R-2, R-3 and C-1 zoning districts, and notwithstanding any other provisions, as hereinafter set forth, shall be applicable if any other conflict exists.

B.

An overall development plan for a PUD showing building types, locations, sizes, height, number of residential units, access roads, open spaces, water facilities, sewer facilities, sidewalks, curbs and gutters, drainage facilities, streetlights, fire hydrants, storm drains, parking, landscaping, and such other facilities as may be required, may be approved by the planning commission and county commission, and building permits, issued in accordance with such plan, even though the residential uses, housing types, and the location of the buildings proposed differ from the residential uses, housing types and regulations governing such uses in effect in the zone in which the development is proposed, provided that provisions of this chapter are complied with.

C.

Accessory nonresidential uses including incidental commercial uses may be included in the development to provide a necessary service to the residents of the development, as determined by the planning commission and county commission, provided agreements and restrictive covenants controlling the proposed uses, ownership, operational characteristics and physical design to the county's satisfaction are filed by and entered into by the developer to assure that the approved necessary services intent is maintained.

D.

Once the overall development plan showing details of buildings, structures and uses has been approved by the county commission, after recommendations of the planning commission, no changes or alterations to said development plan or uses shall be made without first obtaining the approval of the planning commission and county commission, except for landscaping, provided in subsection E below has been complied with.

E.

The landscaping plan submitted for approval of the PUD, shall be considered the minimum acceptable landscaping for the PUD, and shall be stamped by a licensed landscape architect. Any alterations to the landscape plan shall be submitted to the planning commission and shall be stamped by a licensed landscape architect certifying the following:

1.

That the area of landscaping meets or exceeds the approved landscape plan;

2.

That the number and quality of plants meets or exceeds the approved landscape plan;

3.

That the portion of landscaping per phase meets or exceeds the portions per phase of the approved plan; and

4.

That all requirements of Titles 16 and 17 of the county ordinance have been met.

F.

No money held in the financial guarantee for the completion of landscaping of any phase of a PUD shall be released until all landscaping requirements are completed for that phase, with the exception of single-family dwellings. In the case of single-family dwellings, that portion of the guarantee, equal to that portion of the phase represented by the dwelling, may be released.

G.

Any housing units to be developed or used for time share condominiums, rental apartments, lockout sleeping rooms for nightly rentals, etc. shall be declared and designated on the site development plan.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.040 - Area regulations.

A.

The minimum area for a PUD shall be as follows:

1.

Ten (10) acres in an A-1 zone;

2.

Five acres in an RA-1 zone;

3.

Four acres in an R-1, R-2, and R-3 zone; and

4.

No minimum in a C-1 zone.

B.

The minimum amount of open space for a PUD shall be sixty (60) percent of the total acreage to be developed. Walking and biking trails and other like amenities may also be counted as open space. Storm water retention basins will not count as open space unless they have facilities that would have the area second as a park, or as approved by the land use authority. When a PUD is detached single-family dwellings forty (40) percent of each lot will count as open space. Areas designated as open space shall be accompanied by a conservation easement held by an appropriate agency as provided for by law and shall be held as open space in perpetuity.

C.

The basic number of dwelling units in a PUD shall be the same as the number permitted by the lot area requirements of the zone in which the PUD is located. (Except as outlined in subsection D below) Land used for nonresidential services, for streets and exclusively for access to the usable area of the PUD, shall not be included in the area for determining the number of allowable dwelling units. Dwelling units in the A-1, RA-1 and R-1 zones shall be single-family or duplex units. If dwelling units are attached the following standards will apply:

1.

In the A-1 and RA-1 zones, no more than two dwelling units shall be attached.

2.

In the R-1 zone, no more than four dwelling units shall be attached.

3.

In the R-2 zones, no more than six dwelling units shall be attached.

4.

In the R-3 and C-1 zones, Chapters 17.44 and 17.48 will apply with regards to attached dwelling units.

D.

The basic number of dwelling units in a PUD may be increased, by up to ten (10) percent in the A-1 and RA-1 zones and by up to twenty (20) percent in the R-1, R-2, and R-3 zones, if it is demonstrated by the developer that the PUD meets all the requirements of this section and that the concept, site layout and design, residential groupings, the aesthetic and landscaping proposals will provide a superior residential development and environment to that which would result through the normal land subdivision process.

E.

If a PUD is located in two or more zones, then the number of units allowed in the PUD is the total of the units allowed in each zone, however, the units allowed in each zone must be constructed in the respective zone.

F.

It is not the purpose of the PUD provision to allow a substantial increase in the housing density of a PUD beyond what county development ordinances would normally allow. In determining the suitability of the development as a PUD the planning commission shall be guided by the following factors:

1.

The lands must be suitable for and possess the capability for housing development.

2.

The physical relationship of the proposed common areas to the developable areas of the PUD shall be such that the common areas are suitable for landscaped and/or developed open space or for recreational use of direct benefit, access and usability to the unit owners.

3.

The lands shall contribute to the actual quality, livability and aesthetics of the PUD and shall be physically integrated into the development design.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.050 - General regulations.

A.

The development shall be in single or corporate ownership, or the application filed jointly by the owners of the property.

B.

The property adjacent to the PUD shall not be adversely affected, and to this end the planning commission may require in the absence of appropriate physical boundaries that the uses of least density 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.

C.

Building uses, building locations, lot area, width, height and coverage regulations proposed shall be determined acceptable by approval of the site development plan.

D.

The planning commission shall require the preservation, maintenance and ownership of open space utilizing, at the county's option, one of the following methods:

1.

Dedication of the land as a public park or parkway system; or

2.

Granting to the residents of the PUD a permanent open space easement on and over the private open spaces to guarantee that the open space remain 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 county, a template for bylaws will be provided by the county that must be followed or improved upon; and/or

3.

Complying with the provisions of the Condominium Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated, 1953, 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 open space areas in compliance with a recreation and landscaping plan approved as part of the approved final development plan of the PUD.

E.

All homeowners' associations must be managed at all times by a professional property management company that is licensed to manage properties. If the homeowners' association fails to hire a professional management company the county may, at its discretion, hire a management company for and on behalf of the homeowners' association.

F.

If the method listed in subsection (D)(2) or (D)(3) 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 county may, at its option, put in place a special improvement district for the maintenance of those items that were managed or maintained by the homeowners' association as provided by Utah Code Title 17A. Prior to the conveyance of any property in the PUD, a declaration shall be recorded that contains the covenants, conditions, and restrictions related to the PUD and shall run with the land. Each individual purchasing property within the PUD shall sign a statement that they accept the CC and R's as recorded.

G.

The developer shall be required to provide a surety or cash bond, or escrow in an amount equal to one hundred ten (110) percent of the cost of all required improvements relating to the PUD, including the completion of the landscaping. Bond will be subject to an increase if the cost of materials or labor increases. All improvements that are bonded for must be completed within one year excluding landscaping. When all improvements are completed in accordance with the approved plan, the financial guarantee shall be released according to the provisions described in Section 16.12.090 of this code. Section 16.12.090 applies to all planned unit developments.

H.

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 (10) foot planting and walking area.

I.

If the PUD is to be substantially divided either as a subdivision into a phase development parcel or 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.

J.

The subdivision ordinance of the county, as it now or hereafter may exist, applies to all PUD developments.

K.

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.

L.

Once the overall development plan has been approved by the county commission, no changes or alterations to such plan shall be made without first obtaining approval of the county commission.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.060 - Submission of plans and documents.

A.

Three large and fifteen (15) small (eleven (11) by seventeen (17)) copies of an overall development plan for the proposed PUD should be submitted to the planning commission. The overall plan should show proposed uses, dimensions, locations of proposed structures, landscaping, recreational facilities and areas reserved as common open space, and utility easements and facilities. The overall development plan shall also indicate the following tabulations:

1.

Total number of acres in proposed development;

2.

Total number of dwelling units;

3.

Number of off-street parking spaces;

4.

Percentage of total lot area maintained in open green space.

B.

Three large and fifteen (15) small (eleven (11) by seventeen (17)) copies of the engineering drawings shall also be submitted prior to final approval in accordance with Chapter 16.16.

C.

The following documents shall also be submitted to the planning commission prior to final approval:

1.

A declaration of management policies and covenants setting forth the responsibilities and duties of the occupants within the development. (Homeowner's association articles of incorporation and bylaws);

2.

An agreement between the developers and the county stating among other things:

a.

That the developer will construct the project in accordance with approved plans;

b.

That the agreement shall be binding upon the heirs, assigns, receivers, successors, of the project for the life of the buildings or project;

c.

That the required open space shall be protected against building development by common open space easement over such open space areas; and

d.

That the project shall be subject to any other conditions that the planning commission deems reasonably necessary to carry out the intent of this title.

D.

The planning commission and county commission may require such other information as may be necessary to determine that the contemplated arrangement of uses make it desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.070 - Planning commission consideration.

In considering the proposed PUD, the planning commission shall consider:

A.

The design of buildings and their relationship to development beyond the boundaries of the development;

B.

Which streets shall be public and which shall be private; the entrances and exits to the development and the provisions for internal and external traffic circulation and off-street parking, all streets must be constructed to the standards outlined in Chapter 16.16 of the county code;

C.

The landscaping and screening, as related to the several uses within the development, and as a means of its integration into the surrounding areas;

D.

The size, location, design, and nature of signs, if any, and the intensity and direction of area or flood lighting;

E.

The residential density of the proposed development and its distribution as compared with the residential density of the surrounding lands, either existing, or as indicated in the zoning map or master plan proposals of the county as being a desirable future residential density;

F.

The demonstrated ability of the proponents of the PUD to financially carry out the proposed project under total or phase development proposals within the time limit established;

G.

Any other considerations that are needed to protect the health, safety or welfare of the development and the surrounding areas.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.080 - Planning commission action.

The planning commission may recommend approval or disapproval of the proposed PUD to the county commission. In recommending approval of a PUD, the planning commission may recommend such conditions as it may deem necessary to secure the purposes of this chapter. The planning commission shall hold a public hearing before recommending approval or disapproval of the PUD.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.090 - County commission action.

The county commission shall approve or disapprove the PUD. The county commission may impose such conditions as it may deem necessary to secure the purposes of this chapter and protect public health, safety and welfare. The county commission shall hold a public hearing before granting final approval. Approval of the county commission, together with any conditions imposed, constitutes approval of the proposed development as a "Conditional Use" in the zone in which it is proposed.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.100 - Building permit issuance.

The building inspector shall not issue any permit for the proposed buildings or uses within the project unless such buildings or uses are in accordance with the approved development plan, and any conditions imposed. Approved development plans shall be filed with the planning commission, building inspector and county recorder.

(Ord. 3-17-2008 O-3 § 3 (part))

17.80.110 - Time limit.

Unless there is substantial action leading toward completion of a PUD, or an approved phase thereof, within a period of twelve (12) months from the date of approval of any PUD application by the county commission, such approval shall expire, unless after reconsideration of the progress of the project, an extension is approved.

(Ord. 3-17-2008 O-3 § 3 (part))