17.66.180 Performance guarantee.
A. Adequate guarantees shall be provided for permanent retention of the open space area as follows:
1. The City shall require the petitioner to furnish and record protective covenants, which will guarantee the retention of the open land area. The City shall also require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development.
2. The petitioner shall be required to develop and maintain all open space, unless part of or all of it is contiguous to and is made a part of an existing park.
3. In the case of private reservation, the open space to be reserved shall be protected against subsequent building development by conveying to the City as part of the condition for project approval, an open space easement over such open areas, restricting the area against future building or use, except as approved on the final development plan.
4. The care and maintenance of such open space reservation shall be ensured by the petitioner by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof and an assessment of the property owners within the planned unit development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the final plan approval.
B. The applicant (owner) of any planned unit development which is being developed as a condominium project under the provisions of the Condominium Ownership Act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the Zoning Administrator a master deed consisting of a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Such master deed shall include management policies which shall set forth the quality of maintenance that will be performed, and who is to be responsible for such maintenance within such condominium development. The document shall, as a minimum, contain the following:
1. The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development;
2. The establishment of a management committee with provisions setting forth the number of persons constituting the committee, the method of selection and the powers and duties of such committee;
3. The method of calling a meeting of the members of the corporation or association, with the members thereof that will constitute a quorum authorized to transact business;
4. The method proposed for maintenance, repair and replacement of common areas and facilities, and distribution of costs therefor;
5. The manner of collection from unit owners for their share of common expenses, and the method of assessment;
6. Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair, restore or sell property in the event of damage or destruction of all or part of the project; and
7. The method by which the declaration may be amended. The declaration required herein, any amendment and any instrument affecting the property or any unit therein shall be approved by the Planning Commission and recorded with the City Recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. The declaration and amendments thereto shall be maintained as part of the final development plan for the planned unit development.
C. In order to ensure that the planned unit development will be constructed to completion in accordance with approved plans, the petitioner shall post a bond or mortgage or other valuable assurance acceptable to the City Council in the form of a surety bond, letter of credit, cash escrow, first deed of trust, or similar collateral in an amount equal to a percentage, as specified in the Master Fee Schedule, Chapter 3.50, of the estimated cost of all required landscaping, road improvements, pedestrian ways, curbs and gutters, hard-surfacing, water and sewer lines and domestic sewage disposal facilities and common facilities as shown on the final plat/plan. City staff shall verify the correct amount of the bond based upon review of the cost of the required improvements. The duration of the bond shall be equivalent to the time deadlines specified in the improvements agreement, which, in any case shall not exceed twenty-four months from the date of approval. Final determination of the amount of the bond or other assurance shall be made by the City Council. No building permit for any portion of a planned unit development shall be issued until the final plan thereof has been approved by the Planning Commission. Compliance with all material terms of the improvements agreement and the final plat/plan shall be a prerequisite to the developer obtaining a building permit for individual dwellings and/or a certificate of occupancy or zoning compliance. (Ord. 19-29 (part), 2019; Ord. 99-06 (part), 1999: prior code § 27-23-12)