Chapter 13. Planned Development 
13.1 Purpose and Objectives
The purpose of the Planned Development is to allow diversification in the relationship of various uses and structures to their sites, to permit flexibility in the use of such sites, and to assure any such development will conform to the Rockville General Plan. The application of Planned Development concepts is intended to promote the existing quiet, rural, residential, and agricultural nature of Rockville; to encourage the general health, safety and welfare of the Town’s residents, property owners and visitors; to secure the advantages to the community and to property owners of large scale site planning for development of lands within the Town; to encourage innovative site planning which emphasizes and encourages the maintenance of the Town’s agricultural lands and open space as demonstrated in Randall Arendt’s works, Conservation Design for Subdivision and Rural by Design; to acknowledge the Town’s unique geographic location including its views and its important drainages and washes; to respect the historic patterns of land use which were established by the Plat for the City of Zion (See Definitions, Chapter 2) (See Definitions, Chapter 2); and to encourage the clustering of houses and to consider the use of density transfers.
This Chapter should be considered an enhancement to the regulations of Chapter 12, Subdivision, as contained in this Code. These enhancements are negotiable between the developer and the Town. The effective and innovative application of these standards may result in bonuses to the density and structural placement regulations found in the chapters defining use, density, setbacks, etc. (zoning) and elsewhere in this Code. All PD proposals must demonstrate that they can meet the minimum requirements or conditions of any underlying zone or other regulations contained in this Code.
The Planning Commission may accept or reject a PD proposal on the basis of the quality of materials used in the project, as well as the architectural design and serviceability of the project. All PD developments shall be designed to "fit in" and protect the character of the neighborhood and rural, small town atmosphere of the Town. In considering PD applications, every effort will be made to see that the neighborhood and Town is enhanced by the project.
Any proposed subdivision project involving more than five (5) acres, or having more than four (4) residential units or lots divided, must be submitted as a PD, unless specifically exempted by an appeal to the Board of Adjustment. Subdivisions containing three (3) or fewer units or lots (minor subdivisions) may be exempt from this requirement, unless the applicant wishes to be reviewed as a minor PD as per this Chapter.
Complete planning of the entire project in all of its phases is critical in the proper application of the PD process. All PD regulations are in addition to the subdivision regulations of Chapter 12 and the PD may be processed concurrently with the subdivision approval if the applicant wishes. Also, refer to Chapter 1 of this Code for Planning Commission PD approval procedures and issues as well as those of this Chapter.
13.2 Scope
An application for an PD may be allowed as a conditional use in all residential and agricultural zones as designated herein. Application for and approval of Planned Development is required prior to development of subdivisions and residential projects on contiguously owned property larger than five (5) acres and/or with four (4) or more units and/or lots. Residential projects for three (3) units/lots or less are exempt from this requirement. The requirement may be waived by the Planning Commission with the finding that the proposed development would preserve development options and allow efficient installation of public improvements for the balance of the property. The PD development plan shall become supplementary to the provisions of the zones in which the PD is located, and the Town shall not be required to enforce any of the private restrictive covenants recorded pursuant to this Chapter.
Unless expressly provided in this Chapter, there shall be no density increase or height increase in the number of dwelling units which can be constructed under the applicable basic zone regulations. However, there may be density transfer between zoning districts provided the proposed Planned Development cluster is found to be compatible in terms of building types and character with the surrounding area and would not alter the essential character of the district.
13.3 Land Use Density and Intensity Allowance
The base density in lots and/or units per net acre as defined in this Section of this Chapter for a PD are established within each of the zoning district’s chapters.
13.3.1 Base Density Exclusions
In determining the maximum base density of the project, the following areas shall not be included within the boundaries of any lot laid out or counted in determining the maximum base density, except as provided herein:
A. One-half (1/2) of the area of slopes greater than fifteen percent (15%) but less than twenty-five percent (25%).
B. One-quarter (1/4) of the area of slopes greater than twenty-five percent (25%) but less than thirty percent (30%).
C. All acreage having a slope of thirty percent (30%) or greater.
D. All acreage covered by natural streams, lakes or ponds.
E. All areas where native soils are classified by the United States Department of Agriculture, Soil Conservation Service, as having severe limitations as foundations for low buildings and all native soils having no interpretations. If the developer submits with his application an engineering report that defines the soils limitations and detailed engineering plans that will reduce the possible hazard to an acceptable standard to the Town, the Planning Commission may consider this area for inclusion in the maximum base density. These soils include areas with high water table, areas with high shrink-swell potential, areas subject to flooding, and areas having a high degree of slope.
13.3.2 Density Bonuses
The Planning Commission may grant an amenity density bonus, which may allow the developer of a PD to exceed the maximum base density for the zone district.
13.3.2.1 Amenity Density Bonus
An amenity density bonus shall be defined as an increase over the maximum base density for amenities included in a Planned Development. Amenities for a particular project may vary from those of another project because of project type and market for which the project is being built. Types of amenities may include dense landscapes, trails, recreation areas and parks, permanent open space, common useable agricultural or farming open spaces or other similar features. Such features may be an amenity for one project, but a liability for another. The Town shall consider the total project and the proposed amenities, and determine the amount of amenity density bonus a project may receive. An amenity density bonus may be based on any of the following:
A. Building and Project Design
Design considerations shall give comprehensive and critical attention to architectural design and style including unit types, architectural theme, building materials and colors, fence and wall treatment, solar considerations, project entrances, orientation of buildings to amenities within the development, and visual appearance of the development from outside the project.
B. Provision and Protection of Open Space
This shall mean the provision and protection of permanent common open space or agricultural open space which is distinguishable from a standard subdivision by its quantity or quality and which is readily accessible to the residents of the development. Credit may be given for innovative clustering designs that maximize open space and preserve the scenic views and beauty of the community. Open space placed in conservation or agricultural easements in perpetuity will be valued highly in the PD process.
C. Innovative Site Plan
An innovative site plan shall mean a site plan which features a street and land use pattern which achieves the goals of the General Plan and is in harmony with the topography and other natural features. An innovative site plan could also include a variety of lot sizes, setbacks, and dwelling unit types emulating the Plat for the City of Zion (See Definitions, Chapter 2) and the periphery areas of that plat.
D. Substantial Public Benefit
Substantial public benefit shall mean the provision of public facilities that are both unusual in character and serve the needs of an area greater than the immediate development. No density increase for substantial public benefit may be approved unless the public facilities provided are in excess of the required street improvements, utilities and drainage facilities.
13.3.2.2 Total Density
In no case shall the total density be greater than twenty percent (20%) above that density which is allowable in the underlying zone.
13.4 Planned Development/Conditional Use (PD/CUP) Permit
The Town shall allow Planned Developments as a conditional use. No such Planned Development Permit shall be granted unless such development meets the use limitations of the zoning district in which it is to be located. Compliance with the regulations of this Code in no sense excuses the developer from the applicable requirements of Chapter 12 of this Code, except as modifications thereof are specifically authorized in the approval of the application for the Planned Development.
13.5 Required Conditions
A. No Planned Development shall have an area less than that approved by the Town as adequate for the proposed development.
B. A Planned Development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a Planned Development which allows residential uses and shall be governed by density, design, and other requirements of the Planned Development Permit.
C. The development shall be a single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
D. The Town shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected:
1) Density of land use intensity shall in no case be more than twenty percent (20%) higher than allowed in the zoning district.
2) Where feasible, least height and intensity of buildings and uses shall be arranged around the boundaries of the development.
3) All height limits shall be consistent with the Land Use Code.
4) Lot area, width, yard, height, density, and coverage regulations shall be determined by approval of the site development plan.
E. Preservation, maintenance, and ownership of required open spaces within the development shall be accomplished by:
1) dedication of land as a public park or parkway system, or,
2) granting to the Town of Rockville a permanent, conservation or agriculture easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational and/or agricultural use, with ownership and maintenance being the responsibility of an Owners' Association established with articles of association and by-laws which are satisfactory to the Town 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 the common areas and facilities.
F. Landscaping, fencing, and screening related to the uses within the site may be a means of integrating the proposed development into its surroundings and shall be planned and presented to the Town for approval, together with other required plans for the development.
G. The size, location, design, and nature of signs shall comply with the provisions of Chapter 8 of this Code.
H. A grading and drainage plan (2’ topographical map) is required and shall be submitted to the Planning Commission with the application.
I. A landscape plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed.
J. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the neighborhood and the community.
K. The applicant shall show that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing in the vicinity of the Planned Development and the Town of Rockville.
13.6 Uses Allowed
Subject to the review and approval of the Town, uses allowed in a Planned Development shall be those uses allowed in the underlying zoning district in which the Planned Development is to be located.
13.7 Process
Applications for developments to be built according to a Planned Development Review which provides for historic land use design, density transfers and concentrations within the site shall be treated as conditional use. These review processes are described as follows:
A. Pre-Application Conference (optional).
B. Preliminary Development Plan.
C. Final Development Plan.
If a Planned Development is located within the Sensitive Area Overlay Zone, additional requirements and regulations may apply. See the Sensitive Lands Provisions, Chapter 25.
The Planned Development shall be subject to a public hearing and shall be either approved, denied or modified by the Planning Commission as outlined in Chapter 1.
The owners of the property for which the conditional use is requested may file an application for approval of a Planned Development. The application shall be made on a form provided by the Town and must include written consent by the owners of all property to be included in the Planned Development. The procedure for review is described herein.
13.7.1 Pre-application Conference
A pre-application conference may be held with the zoning administrator and/or Planning Commission in order for the applicant:
A. to become acquainted with the Planned Development procedures and related Town requirements;
B. to obtain from the department a written list of what the formal application should include; and
C. to learn about the goals and objectives of Rockville outlined in the General Plan.
13.7.2 Preliminary Development Plan
A. Development Review Application
The applicant of a proposed PD shall submit a Plan Development Review Application, with a fee as established by Town Council Resolution, and a preliminary development plan to the Town. The Planned Development application must be submitted with a completed application form on a form supplied by the Town. Additional application requirements may apply for projects within the Sensitive Area Overlay Zone. The application shall be supported by the following (six sets required) and includes a Written Statement (Part 1.) Map of the Existing Site (Part 2.) and Site Plan (Part 3.).
Part 1. Written Statement
The written statement to be submitted with the Planned Development application must contain the following information (only two sets required):
1) A statement of the present and future ownership (accompanied by a title report less than thirty [30] days old) and tenancy and a legal description of the land included in the Planned Development application, including identification of all mortgages, easements, covenants or restrictions on land use, liens, and judgments which may affect the site.
2) A development schedule indicating the approximate date when construction of the Planned Development, or stages of the development, can be expected to begin and be completed.
3) Copies of any special agreements, conveyances, restrictions, or covenants, which will govern the use, maintenance, and continued protection of the Planned Development and any of its common areas.
4) An explanation of the objectives to be achieved by the Planned Development, including building descriptions, variations in building setbacks, parking, height or other requirements that are being sought; sketches of elevations, or other information as may be required to described objectives.
5) A phasing plan which addresses the proposed timing of public improvements and construction consistent with Chapter 12.
Part 2. Map of Existing Site
A map of existing site conditions shall show the following information for the site prior to demolition of any existing improvement or alterations to natural vegetation and terrain:
1) Title and legal description.
2) Vicinity map (not less than 1" = 100').
3) Scale and north arrow.
4) Site boundaries and dimensions.
5) Existing drainages, washes, steep slopes, and rockfall hazards, if any.
6) Topography with contours at no greater than five foot intervals.
7) Vegetation, location, and type.
8) Soil type and quality;
9) 100 year flood plain and high water areas.
10) Existing structures and their current uses.
11) Existing roads and other improvements.
12) Adjacent structures, uses and zones.
13) Property lines and ownership.
14) Location of public utilities and utility easement.
15) Other data as may be required.
Part 3. The Site Plan
The site plan portion of the application shall consist of a plan
showing the major details of the proposed Planned Development
prepared at a scale of not less than 1" = 100' (or 1" = 50' for sites
of less than one [1] acre). The plan shall contain sufficient detail
to evaluate the land planning, building design, and other features
of the Planned Development proposal. The site plan shall contain,
insofar as applicable, the following minimum information:
1) Scale and north arrow.
2) Proposed name of the development.
3) Identity of a Subdivision Development Plan of which the site may be a part.
4) Topography with finished contours at no greater than five foot (5’) intervals.
5) The location and size of all existing and proposed buildings, structures, and improvements.
6) Natural and proposed vegetation and landscaping, streets, walkways, and easements to be reserved for public use.
7) Location and general dimension of all impervious paved areas such as streets, walks, parking lots, etc.
8) Proposed open spaces with an indication as to use and ultimate ownership, if applicable.
9) Proposed drainage system.
10) Proposed changes to drainages, washes, and steep slopes.
11) Proposed utility distribution.
12) Proposed traffic circulation with anticipated average daily traffic volume, and access to the existing street system.
13) Perspective sketches showing general architectural concepts of all new or remodeled buildings.
14) Maximum height of all buildings, dimensions, and square footage of all lots or parcels proposed within the project.
15) Preliminary limit of disturbance/vegetation protection and temporary erosion control plan showing the maximum limits of disturbance for all construction activity including utilities and public improvements.
16) A general landscape plan at time of initial submission to be followed by a landscaping plan, once the site plan has been approved, showing the spacing, sizes, and types of landscaping material.
13.7.3 Final Development Plan Requirements
The final plan shall be presented in permanent mylar final sheets; all drawings showing proposed site development shall have a scale of no less than l" = 100' (1" = 50' for sites less than one acre), with one (1) sheet showing the entire project, its vicinity within the Town, and a key to the detailed drawings. The final plan shall include all information required by the Planned Development application, plus the following:
A. Accurate dimensions for all lines, angles, and curves used to describe streets and other public rights-of-way sufficient to satisfy final plat requirements of Subdivision, Chapter 12.
B. Detailed sizes and dimensions for the utility and drainage systems with specific locations of fire hydrants.
C. Detailed dimensions and treatment of all common open space, including lighting.
D. Architectural drawings of proposed new or remodeled structures with floor plans and elevations at a scale no less than one-eighth inch (1/8”) to one foot (1’). Drawings shall indicate all exterior materials and colors.
E. Final limits of disturbance or building pads, and vegetation protection and erosion control plan.
F. Location of utilities and connections.
13.7.4 General Criteria for Review
A Planned Development shall implement the goals, objectives and policies of the General Plan and the purposes of this Code and of this Section. Any project falling within the Sensitive Lands Area Overlay Zone may be subject to additional requirements and regulations as outlined in the Sensitive Area Overlay Zone Regulations. In addition, shall meet the following standards and requirements:
A. Uses Permitted
The uses in a Planned Development must be uses that are shown in the zoning district chapters as permitted or conditional uses in the zoning district in which the Planned Development is located.
B. Relationship to the Purpose and Policies of the General Plan
The Planned Development must be consistent with the purposes and polices of the General Plan as set forth therein.
C. Relationship to Surroundings
The Planned Development’s relationship to its surroundings shall be considered in order to avoid adverse impacts caused by traffic circulation, building height or bulk, lack of screening, ridgeline and view corridor intrusion, wetland encroachment, or intrusions on privacy.
D. Maximum Density Requirements
The requirements of the zoning district chapters regarding maximum densities shall apply to all Planned Developments except where density increases are entertained within this Code.
E. Open Space
A minimum of twenty-five percent (25%) open space shall be required for all Planned Developments. In approving a PD, the Planning Commission shall designate the type and mix of open space to be provided (natural agricultural, recreational, common or private).
F. Off-street Parking
The number of off-street parking spaces in each Planned Development may not be less than the requirements stated in Chapter 10, Off-street Parking.
G. Variations in Setbacks
The setback requirements of the individual zoning districts shall apply to Planned Developments except that the reviewing agency may reduce setbacks in consideration of site planning issues addressed in this Chapter. Variations in setbacks, if requested, shall be addressed in the written statement and shall be specifically called out on the Planned Development site plan, or shall be handled through a Planned Development control document to be submitted as part of the written statement. Minimum setbacks along the boundaries of the site must be observed.
H. Variations in Height Requirements
The height requirements of the individual zoning districts shall apply to Planned Developments
I. Site Planning
The Planning Commission must be satisfied that the site plan for the Planned Development has met each of the following criteria or can demonstrate that one or more of them is not applicable, and that a practical solution consistent with the public interest has been achieved for each of these elements:
1) The relationship of these areas to other areas, structures, and uses within the Planned Development.
2) The degree to which these areas contribute to the quality, livability, and aesthetics of the Planned Development.
3) Protect ridges from development which would be visible on the skyline from identified vantage points (Chapter 2, Definitions) in Rockville.
4) Units/lots should be clustered in the most developable and least visually sensitive portions of the site with common open space corridors separating clusters. The open space corridors should be designed to coincide with significant vegetation and in many cases, should be left in the natural state. Open space areas will be the maintenance responsibility of the homeowners and/or association. Any areas not left in a natural state should be designed for water conservation.
5) Roads and utility lines should be designed to work with the existing grade and cut and fill slopes should be minimized. Roads and utilities should be placed so that disturbance of significant vegetation is minimized.
6) Existing natural drainage ways should be maintained and designed around.
7) Consideration must be given to soil conditions and ground water existence.
8) A separate plan which addresses limits of disturbance and vegetation protection during construction and revegetation of disturbed areas will be required. This shall include construction necessary for all project improvements such as roads and utilities.
9) Common open space is encouraged and may be counted as part of the required open space within a Planned Development provided they are to be used, and are suitable for, scenic landscaping or recreational purposes, and they are on land which is accessible and available to persons for whose use the common park area is intended, and ownership is vested in a way that preserves the open space.
10) Common open spaces in a Planned Development site shall be preserved and maintained as provided for in an irrevocable dedication declaration, conservation or agricultural easement, or restrictive covenants approved by the Planning Commission and filed and recorded in the office of the County Recorder, or other mechanisms acceptable to the approving agency. The irrevocable dedication, covenant, and declaration shall take place as mutually agreed upon by the Planning Commission and the applicant, provided, however, no building permit shall be issued for the Planned Development until the dedications, covenants, and declarations have been filed and recorded. The areas designated in the covenants as common open space shall be maintained, repaired, preserved, and retained as open spaces by the owners in common of the property and/or the developer.
11) Circulation in terms of an internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience, access, noise, and exhaust control shall be considered. Private internal streets may be permitted if they can be used by police and fire department vehicles for emergency purposes. Width and cul-de-sac design must accommodate emergency apparatus. Bicycle traffic shall be considered and provided for and, where appropriate, connection of the bike and pedestrian system to other town systems shall be addressed. Proper circulation in parking areas in terms of safety, convenience, separation, and screening shall also be considered.
12) Utilities shall be addressed in terms of adequacy, availability, and locations of services.
13) Variety shall be addressed in terms of housing type, densities, facilities, and open space.
14) Privacy shall be addressed in terms of the needs of individuals, families and neighbors, and adjoining land owners.
15) Pedestrian traffic shall be addressed in terms of safety, separation, convenience, access to points of destination, and attractiveness.
16) Building type shall be addressed in terms of appropriateness to density, site relationship, and bulk.
17) Building design shall be addressed in terms of orientation, spacing, materials, color and texture, storage, signs and lighting, and compliance with the architectural criteria contained in the Land Use Code.
18) Landscaping of the total site shall be addressed in terms of purpose of planting such as screening or ornamentation; hard surface materials used, if any; maintenance, water needs, suitability; and effect on the neighborhood.
13.8 Approvals
Approvals of Planned Developments shall be granted in the following manner:
A. Plan Approval
The approval for a Planned Development shall be given in a form that states the density allocated to the property as a number of units/lots unless otherwise provided by conditions of approval.
B. Project Site Plan
Project site plan approval of the site plan for the project or development shall be granted by the Planning Commission for all development within the Planned Development.
C. Form or Approval
Once the Planning Commission has approved a density and preliminary plan, a development agreement shall be entered into by the Town and the developer.
D. Construction
Construction within two (2) years is required to preserve a Planned Development approval within the time limits set by Chapter 1.
E. Transferability
Approved Planned Developments are transferable with the title to the property to which the approval pertains, but no portion of the density allocation within any approval may be transferred off site.
F. Expiration and Extension
A Planned Development approval will be reviewed four (4) years from the original date of approval or as otherwise specified in the phasing plan regardless of the progress to date. The approval will be extended pursuant to this Code unless:
1) new information is available which differs from assumptions of the original approvals which would result in significant impacts on the neighborhood not considered in the original approval; or
2) evidence of significant adverse environmental impact can be documented resulting from the PD as originally approved.
In the event that either of these situations occur, the Planning Commission will attempt to mitigate the impacts without significantly altering the overall concept or densities.
At any point, changes in the plans requested by the developer which constitute a change in concept, density, unit type or configuration on any portion or phase of the PD will justify review of the entire plan by the Planning Commission.
13.9 Development Standards and Requirements
13.9.1 Neighborhood Meeting
The applicant for any PD shall conduct at least one (1) neighborhood meeting for the residents in the area of the proposed PD to explain the proposed development and to address all neighborhood concerns. Such meeting(s) shall be accomplished prior to the preliminary development plan being scheduled for review by the Planning Commission. The area of notice for the meeting will be determined by the Planning Commission.
13.9.2 Compliance with Rockville Town Codes
Planned Developments shall comply with the requirements of this Chapter and the stipulations and requirements of the entire Land Use Code, as well as any requirements and conditions of the Planning Commission. The requirements and standards set forth herein shall apply to any Planned Development, and are in addition to any other regulations, required by a conventional development not submitted as a PD. All development must comply with any of the applicable Subdivision Standards contained in the Land Use Code.
13.9.3 Structure Setbacks
A. No structure shall be set back less than twenty feet (20') from the right-of-way line of a dedicated street.
B. Building setbacks along the main peripheral property lines of a PD shall be the same as that required in the zone for any abutting residential properties.
13.9.4 Land Ownership Designation
All land within a development shall be either common area, open space, limited common area, dedicated to public use, privately owned as a buildable lot or a combination of the above.
13.9.5 Slopes
Any slope greater than twenty percent (20%) may be used as parks, and may be included in open space calculation requirements.
13.9.6 Utilities
All dwelling units shall be served by an approved water system and Southwest Utah Health Department approved septic system or Town of Springdale sewer system. All utilities shall be placed underground. Each dwelling unit shall be individually metered for natural gas, electricity, and water.
13.9.7 Landscaping
A. The required front setbacks and side setbacks adjacent to a dedicated street shall be landscaped except for permitted driveways, and shall not be used for parking.
B. All common areas shall be permanently landscaped with trees, shrubs, lawn, or ground cover and maintained in accordance with good landscaping practice, unless the area is to be designated as natural open space.
13.9.8 Parking
Dwelling units shall be provided with not less than two (2) parking spaces each. In addition, one half (1/2) parking space for each dwelling unit shall be developed for guest parking within the development unless the streets provided within the development are constructed to a width which will accommodate travel lanes as well as parking lanes. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces, parking areas, and driveways shall be hard surfaced and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways or trails.
13.9.9 Streets
A. All streets within a PD shall have a paving width of thirty feet (30'). However, a minimum width of twenty-two feet (22') of paving may be approved in certain instances where, in the opinion of the Planning Commission, such factors as the number of dwelling units served by the street, anticipated traffic volumes, and controlled on-street parking may tolerate a lesser standard.
B. All streets which are shown on the Town of Rockville Master Street Plan if adopted or the Land Use/Zoning Maps, shall be developed according to the size and general location shown on the Street Plan. Other streets developed in a PD are encouraged to be dedicated to the Town as public streets; however, private streets may be permitted within PD's provided that:
1) a private street will not extend to or provide service to another property or parcel not included in the PD;
2) the street will not provide access or travel between, or otherwise connect with two (2) public streets. The Planning Commission may waive this requirement if circumstances warrant;
3) the street is designed by a qualified civil engineer to Town standards;
4) the minimum width standards may be increased when, in the judgment of the Town, a greater standard is warranted to adequately serve the development;
5) private streets are entered from the public streets by a drive-way type entrance with no curb cut and are posted as private streets;
6) all private streets shall be designated on the final plat as a perpetual public utilities easement.
13.9.10 Common Areas
Common areas of a development shall be developed according to the plan approved by the Town Council and maintained in accordance with the provisions of this Chapter. Common or privately held open spaces must be perpetually dedicated as such through appropriate deed restrictions or conservation easements, as determined by the Town
13.9.11 Storage Areas and Solid Waste Receptacles
All storage and solid waste receptacles which are not located within a building shall be enclosed within a sight obscuring structure or fence compatible with the design of the development.
13.9.12 Declaration of Covenants, Conditions, and Restrictions
Where covenants, conditions, and restrictions are imposed upon a PD, two copies of the Declaration of Covenants, Conditions, and Restrictions shall be submitted to the Town signed and prepared for recording at the Washington County Recorder's office prior to approval of a final plat.
13.9.13 Development Bond
Prior to the recording of any documents concerning an approved PD or plat maps and prior to the issuance of any building permit on ground covered by a PD, a bond sufficient in amount to cover the cost of all off-site and on-site improvements required by this Chapter and all stipulations and requirements of the Planning Commission shall be required. The bond shall be a guarantee that the proper installation of all required improvements, including amenities, shall be completed within one (1) year of recordation of the approved final plat. This guarantee bond shall also assure that the improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer, and shall not be released until the improvements are accepted by the Town. Said bond shall be in the form prescribed by the Subdivision Ordinance of the Town, and in an amount as reasonably set forth by the Town.
13.9.14 Final Plat Recordation
The final plat shall be recorded after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the Town and/or Building Official.
13.9.15 Sensitive Lands
Any lands deemed as sensitive lands by this Code or the Town must be protected as designated in the Sensitive Lands Overlay Zone.
13.9.16 Concurrency
All on-site and off-site infrastructure required for the impacts of the entire PD in all of its phases must be installed concurrently and be operational by the time the first phase is completed and certificates of occupancy are issued. All guarantees on the improvements begin when the certificates of occupancy are issued and must last one (1) year from that point in time. Bonds required in this Chapter, as well as the Subdivision Regulations and Ordinance of this Code, must cover completion of all improvements. These improvements include, but are not limited to: water and sewer plants, lines, storage tanks and other facilities; storm drainage and irrigation facilities; streets and roads, public utilities, fire protection systems, public safety systems and improvements; school and educational facilities; and any other improvements deemed necessary in this Code.
13.10 Cluster Subdivision
A. Each lot within a cluster-type subdivision shall have direct access to a public or private dedicated street.
B. Location of dwellings on lots within this type of development shall be approved by the Planning Commission on the preliminary development plan.
C. Dwellings and attached carports, garages, patios, breezeways or other structures attached to the dwelling shall have a minimum total side yard setback of fifteen feet (15'). Unless the reduced side yard provisions are applied, the minimum setback for one side shall be five feet (5'). The minimum front setback for the main dwelling and any additional accessory buildings or attachments shall be twenty feet (20’). No more than two (2) adjacent dwellings shall have equal front setbacks if the front setbacks are less than twenty feet (20').
13.11 Manufactured Housing
A. The minimum width dimension for a manufactured dwelling unit shall be twenty-four feet (24') which shall not include any attachments or accessory use structures such as garage, carport, or storage building. The minimum stated above shall apply to not less than eighty percent (80%) of the length of the unit.
B. The required covered parking space shall be attached to the dwelling unit in such a manner that it becomes an integral part of the structure in design and appearance.
C. Typical elevations of the dwelling unit and required or proposed attachments shall be submitted for approval by the Planning Commission at the time the development plan is submitted.
D. The minimum square footage of the dwelling shall comply with the dwelling area of the zone in which the development is located.
E. If the manufactured housing unit consists of multiple sections, then the minimum dimensions for a section of living area shall be twelve feet by thirty-eight feet (12’ x 38').
F. The roof of a manufactured housing unit shall be comprised of conventional roofing material and shall have a pitch of not less than three feet (3') in twelve feet (12') and shall meet or exceed the snow load requirements for the area.
G. The exterior building material shall be comprised of lapped steel, vinyl, aluminum, wood, brick or other non-reflective siding material.
H. The dwelling units in a manufactured housing PD shall be set on a permanent foundation of approved foundation materials.
I. Each manufactured housing unit shall meet the United States Department of Housing and Urban Development requirements for Manufactured Housing and shall bear the required certification of inspection by authorized Utah State inspectors.
J. The required front yard setback may be required to be common area and shall be irrigated and maintained in accordance with the provisions of this Chapter.