HomeMy Public PortalAboutORD-CC-1999-06ORDINANCE 99-06
AN ORDINANCE AMENDING SECTION 17.66 OF TITLE 17, OF THE MOAB
MUNICIPAL ORDINANCES REGARDING PLANNED UNIT
DEVELOPMENTS.
WHEREAS, the City Council, on advice of the Moab City Planning Commission
deems that it is necessary to amend the Moab Municipal Code with respect to Planned
Unit Developments.
NOW THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
Chapter 17.66
PLANNED UNIT DEVELOPMENTS
Sections:
17.66.010 Intent
17.66.020 Small Scale Planned Unit Developments
17.66.030 Large Scale Planned Unit Developments
17.66.040 Permitted Uses
17.66.050 Standards and Requirements
17.66.060 Design Standards
17.66.070 Procedures Generally
17.66.080 Vicinity Plan and Environmental Analysis
17.66.090 Preliminary Plan
17.66.100 Preliminary Documents
17.66.110 Planning Commission -Actions
17.66.120 Planning Commission -Procedures
17.66.130 Planning Commission -Certification to Council
17.66.140 Public Hearing
17.66.150 Final Plan and Approval
17.66.160 Filing Fees
17.66.170 Stage Construction Permitted
17.66.180 Performance Guarantee
17.66.190 Bond Duration
17.66.200 Default
17.66.210 Final Disposition and Release
17.66.220 Failure to Comply
17.66.010 Intent. The intent of this chapter shall be to set down regulations under
which development can be carried out that will achieve a better relationship between open space
and buildings, greater harmony between the development and the surrounding area, wider variety
of residential settings, more economical development, accommodation of affordable housing,
superior maintenance of buildings and premises, and a better living environment than is possible
to achieve by developing on a lot -by -lot basis. Upon approval of a Planned Unit Development,
the features and dimensions shown on the approved plan will constitute the zoning restrictions
and regulations as applied to the territory shown on the approved plan.
17.66.020 Small Scale Planned Unit Developments. Small Scale Planned Unit
Developments shall be allowed in the R-3, R-4 and C-1 zones, provided that a parcel has a
minimum of 3 acres and is owned by one continuous property owner. The standard allowable
density shall be 8 dwellings per acre, up to a maximum of 10 units per acre utilizing affordable
housing density bonuses. At least twenty-five percent of the gross area of the Planned Unit
Development shall be retained in permanent open space. Parks, playgrounds, sidewalks, non -
motorized pathways and trails may be computed in the twenty-five percent open space
requirement. Land proposed to be devoted to vehicular streets or roads, parking, and driveways,
shall not be included in the computation of open space, park or playground areas.
The Planning Commission may approve two additional units per acre over and above the
standard density otherwise allowed in a Planned Unit Development if the petitioner increases the
number of affordable housing units according to the following formula:
% of Area Median Income
Bonus Units to be Used for Affordable Housing
60%
2 out of 10 dwelling units
80%
3 out of 10 dwelling units
Every affordable housing unit shall be sold or conveyed pursuant to a deed
restriction (covenant) containing the following requirements:
1. The purchaser must qualify with verified income meeting
affordable housing guidelines;
2. Each unit must be owner -occupied for at least the first 5 years, and
no individual shall be entitled to own more than one affordable unit;
3. Appreciation in value over purchase cost of each residential unit
shall be capped at four percent per annum;
4. The City shall be designated as a necessary grantor in every
conveyance of an affordable housing unit;
5. Leasing shall be permitted no sooner than five years from the date
of purchase, with lease rates being no greater than the amount of the monthly first
mortgage payment, plus ten percent; and
6. The City shall be designated as a third -party beneficiary entitled to
enforce, enjoin, or seek damages for violations of the deed restrictions.
B. The City may require additional deed restrictions to affordable housing units
incident to approval of the final plat/plan to the extent dictated by the attributes of the particular
development, lender requirements, or state or federal regulations.
17.66.030 Large Scale Planned Unit Developments. Large Scale Planned Unit
Developments will be allowed in all R-1, R-2, and RA-1 zoning districts provided that a parcel
has a minimum of 5 acres and is owned by one continuous property owner. The standard
allowable density shall be 6 dwellings per acre, up to a maximum of 8 units per acre utilizing the
additional open space alternative or the affordable housing density bonus alternative. At least
forty percent of the gross area of the Planned Unit Development shall be retained in permanent
open space. Parks, playgrounds, sidewalks, non -motorized pathways and trails may be computed
in the forty percent open space requirement. Land proposed to be devoted to vehicular streets or
roads, parking, and driveways, shall not be included in the computation of open space, park or
playground areas.
A. Additional Open Space Alternative:
For Large Scale Planned Unit Developments, the Planning Commission may approve a
density bonus over and above the standard density otherwise allowed if the petitioner increases
the percentage of open space provided in the development according to the following formula:
% of Area Used as Open Space
Bonus Units to be Used for Open Space
Over 50% Open Space
1 additional dwelling unit (7 maximum)
Over 60% Open Space
2 additional dwelling units (8 maximum)
The petitioner shall enter into an agreement with the City ensuring that the area remain in
open space for set period of time agreeable to the City, and shall provide any other insurance
required by the City to guarantee that the intent of this ordinance is achieved
B. Affordable Housing Bonus Density Alternative
The Planning Commission may approve additional units per acre over and above the
standard density otherwise allowed in a Planned Unit Development if the petitioner increases the
number of affordable housing units according to the following formula:
% of Area Median Income
Bonus Units to be Used for Affordable Housing
60%
2 out of 8 dwelling units
80%
3 out of 8 dwelling units
A. Every affordable housing unit shall be sold or conveyed pursuant to a deed restriction
(covenant) containing the following requirements:
1. The purchaser must qualify with verified income meeting
affordable housing guidelines;
2. Each unit must be owner -occupied for at least the first 5 years, and
no individual shall be entitled to own more than one affordable unit;
3. Appreciation in value over purchase cost of each residential unit
shall be capped at four percent per annum;
4. The City shall be designated as a necessary grantor in every
conveyance of an affordable housing unit;
5. Leasing shall be permitted no sooner than five years from the date
of purchase, with lease rates being no greater than the amount of the monthly first
mortgage payment, plus ten percent; and
6. The City shall be designated as a third -party beneficiary entitled to
enforce, enjoin, or seek damages for violations of the deed restrictions.
B. The City may require additional deed restrictions to affordable housing units
incident to approval of the final plat/plan to the extent dictated by the attributes of the particular
development, lender requirements, or state or federal regulations.
17.66.040 Permitted uses. The following uses shall be permitted in a Planned Unit
Development:
1. Single family dwellings
2. Townhouses
3. Modular homes
4. Rest homes
5. Golf courses
6. Swimming pools
7. Recreation buildings
8. Parks and playground facilities
9. Churches
10. Schools
11. Similar facilities, for the use by only the occupants of the development or the public -at -large
as the Planning Commission deems appropriate.
17.66.050 Standards and requirements. The following standards, requirements, and
conditions shall apply to all Planned Unit Developments:
A. Ownership, Contracts and Design Requirements
1. The Planned Unit Development plan shall be prepared by a design team composed of at least
a landscape architect and a civil engineer;
2. Legal counsel representing the Planned Unit Development shall be required to prepare all
legal agreements and contracts between the petitioner and the City;
3. All construction and workmanship that takes place within a Planned Unit Development must
comply with City standards;
4. The area proposed for a Planned Unit Development shall be in one ownership during
development to ensure conformity with these provisions and all other conditions imposed by
the Planning Commission upon the preliminary and final development plans; and
5. The Planning Commission may specify the facilities which will be maintained by and at the
expense of the City, and which facilities will be maintained by and at the expense of the
owners of the development, their successors or assigns.
B. Utilities and Transportation
1. A public sewer system and a public water supply shall serve all dwelling units. A11 utilities
within the development shall be placed underground, including telephone, electrical and
television cables. Dwelling units under separate ownership shall have separate utility
metering;
2. In the event that the land contained within a development is traversed by a proposed collector
or arterial street, the development shall be designed in accordance therewith, and the right-of-
way across the development shall be dedicated to the public;
3. Dwellings should be provided with not less than two parking spaces per unit, one of which
must be covered;
4. Provisions for automobile parking shall conform to the requirements set forth elsewhere in
this title, except for parking spaces for dwellings;
5. All parking spaces, parking areas and driveways must be hard -surfaced (paved) and properly
drained with no drainage running across public or private walkways;
6. The required front and side yards which face upon a public street shall not be used for
vehicular parking, but shall be landscaped with lawn and appropriate plants and shrubs as
indicated on the approved final development plans;
7. Sidewalks shall be required in all Planned Unit Developments where the Planning
Commission deems necessary; and
8. Non -motorized pathways and trails shall be required as deemed necessary by the Planning
Commission to form a logical system for access to all dwelling units and to all project
facilities and off -site destinations. Pathways when used by substantial numbers of children
as play areas or routes to school or other principal destinations shall be so located and
safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be
held to a minimum on such walkways that are located and designed to promote safety. All
crossings shall be appropriately marked and otherwise safeguarded. If substantial bicycle
traffic is anticipated, bicycle paths shall be incorporated into the walkway system.
C. Open Space
1. A11 areas not covered by buildings or by off-street parking space or driveways shall be
planted into natural vegetation or lawn, trees, and shrubs. Landscaped areas shall be
maintained in accordance with good landscaping practices. Permanent sprinkler systems
shall be installed to provide for irrigation of planted areas, except that the Planning
Commission may find that it will not be necessary to install sprinkler systems in areas that
are to be left in a natural condition; and
2. Ownership and tax liability of private open space reservations shall be established in a
manner acceptable to the City Council and made a part of the conditions of the plan approval.
D. Buffering
1. Screening along the edges of the Planned Unit Development is required. Fences, walls, earth
berms or vegetation screening shall be provided along the edges of the development to
protect residents from undesirable views, lighting, noise or other off -site influences or to
protect occupants of adjoining residential districts from similar adverse influences within the
development. In both cases, screening shall be designed to control the existing or potential
adverse views from existing or potential first floor residential windows in the Planned Unit
Development or other residential districts. Landscape buffers and other landscape features of
the Planned Unit Development shall follow the landscape requirements addressed elsewhere
in this zoning ordinance and shall be provided and maintained as deemed necessary by the
Zoning Administrator; and
2. All landscaping and buffering should be completed in a manner to preserve and take the
greatest possible advantage of the natural environment, and to achieve this objective through
minimal grading necessary for construction of a development.
E. Public Facilities
1. In those instances, in which the size and scope of a proposed Planned Unit Development is
such that it would have an impact upon public facilities that warrants an expansion or
upgrade to the facilities, the Planning Commission may require the dedication of land to
accommodate the required improvements; and
2. The Planned Unit Development shall be situated and designed in such a way to be consistent
with the General Plan.
17.66.060 Design standards. Property development standards in excess of the minimums
set forth in this section may be imposed by the Planning Commission where it is determined that
such increases are necessary to ensure that the integrity and desirability of the Planned Unit
Development will be maintained.
A. Minimum Design Standards
1. Setbacks shall be maintained along the peripheral property lines of the Planned Unit
Development which shall be at least equal to that required by the zone on the property
immediately adjacent thereto;
2. In those instances where a proposed Planned Unit Development will front upon one or more
existing streets, the setback from the street shall be equal to that required by the most
restrictive zoning on the property immediately adjacent along the same street frontage;
3. Minimum right-of-way width shall be 40 feet;
4. Minimum street width shall be 30 feet;
5. Minimum sidewalk width shall be 5 feet; and
6. Dead end streets shall not exceed 400 feet in length and must have a cul-de-sac with a
minimum radius of at least 50 feet and a diameter of 80 feet curb to curb.
17.66.070 Procedures generally. Any person wishing to construct a Planned Unit
Development shall obtain from the Zoning Administrator information pertaining to the City's
plan of land use, streets, public facilities and other requirements affecting the land to be
developed. The petitioner shall then prepare plans and obtain approval thereof as hereinafter set
forth.
17.66.080 Vicinity plan and environmental analysis. The design team shall prepare a
vicinity plan which shows a simple sketch of the major features of the development in relation to
existing conditions and planned development within one-fourth mile of the outside boundaries of
the development and shall submit the same to the Zoning Administrator, together with an
environmental analysis. The plan may be a pencil sketch or may be made directly on an aerial
photograph.
The environmental analysis statement shall be prepared by an engineer, landscape
architect, land planner or other person qualified by training and experience to prepare such a
statement as determined by the Planning Commission, indicating and describing the measures
that will be taken with respect to the following:
1. Revegetation of cuts and fills and area which will be denuded in constructing the Planned
Unit Development;
2. Prevention of fire and control of dust;
3. Prevention of the accumulation of weeds and debris;
4. Management of surface water and elimination of flood hazards; and
5. Reduction in the need for the allocation of public funds for upkeep and maintenance of
streets, water and sewer lines, landscaped areas, etc., within the territory to be included in the
development.
17.66.090 Preliminary plan. Upon approval of the vicinity plan by the Zoning
Administrator, the petitioner shall then prepare a preliminary plan and shall submit five copies of
the same to the Zoning Administrator. The plan must be submitted at least two weeks prior to the
meeting of the Planning Commission. An administrative fee as established by resolution shall
accompany the preliminary plan. The preliminary plan shall be drawn to a scale not smaller than
one inch equals one hundred feet, or as recommended by the Zoning Administrator, and shall
show the following information:
1. Type of development;
2. Name of development;
3. Name and address of the petitioner; a current deed and an abstract of title or an
ownership and encumbrance report showing the record title holder and all liens and
encumbrances, affecting title;
4. Name and address of the designer;
5. Position of all buildings and structures to be constructed in the development. Also, the
design of dwellings shall be shown, accompanied by estimates of the cost to purchasers or
renters;
6. Proposed parks, playgrounds, school sites, and other open spaces. Also, proposed buildings
and other facilities for the common use of the occupants or for the public;
7. Facilities and services to be supplied by the petitioner or by the association and the cost
thereof to the occupants;
8. North point and scale;
9. Township, range, and section lines;
10. Zone boundary lines and zone designations;
11. Topography shown by contours at an interval no greater than two feet, except that a greater
interval may be permitted when specifically authorized by action of the Zoning
Administrator or authorized representative;
12. Boundary of the development including a legal description thereof;
13. Total acreage of the development;
14. Adjacent property ownership;
15. Preliminary subdivision plan showing layout of all proposed lots;
16. Proposed circulation pattern including private and public streets, sidewalks and non -
motorized pathways and trails;
17. Typical street or roadway cross -sections;
18. Existing and proposed canals and waterways, public utility lines and easements, etc.;
19. Proposed sewage disposal facilities;
20. Existing and proposed storm drains, bridges and other storm water management measures;
21. The location and type of water sources. Such sources shall be shown either on the
preliminary plan or on an accompanying map drawn at a scale not smaller than one -inch
equals two thousand feet. Appropriate supporting documents showing that potable water will
be available to the project in quantities as required by the Water Superintendent, State Health
Department, and Fire Marshal and that such water will be made available to each dwelling
site through a properly designed distribution system shall be included as part of the
preliminary plan;
22. Tentative location and size of water mains;
23. Tentative location of fire hydrants;
24. Location and size of sewers; and
25. Any other information which the Zoning Administrator or Planning Commission considers
necessary to enable the Planning Commission to determine whether or not to recommend the
plan to the City Council.
17.66.100 Preliminary documents. The following documents shall be submitted along
with the preliminary plan:
A. Proposed declaration of management policies, covenants and restrictions setting forth the
responsibilities and duties of the owners, renters or occupants within the Planned Unit
Development;
B. In the event that the development is to be divided into two or more ownerships, the document
must provide for adequate control and maintenance of all phases of the development;
C. An agreement between the petitioners and the City stating among other things:
1. That in the event of failure or neglect on the part of the owners, successors or assigns to
maintain the water and sewerage facilities, common areas, landscaping and other
improvements in good condition, the City may perform the necessary work and may enter
upon the land and do the work and charge the cost thereof, including reasonable attorney's
fees, to the owners or their successors or assigns;
2. That the owners, successors or assigns will reimburse the City for all costs which the City
incurs in performing the necessary work;
3. That the petitioner will construct and maintain the project in accordance with approved plans
and in accordance with City standards;
4. That the terms of the contract shall be binding upon the heirs, assigns, receivers and
successors of the project for the life of the project or buildings; and
5. Any other conditions that the Planning Commission deems to be reasonably necessary to
carry out the intent of this title.
17.66.110 Planning Commission actions. Upon presentation of the preliminary plan and
documents, the Planning Commission shall either approve them as submitted or shall refer them
back to the petitioner for one or more of the following reasons:
A. The development has been found to be inconsistent with either this title or the General Plan;
B. The Planning Commission requires that certain specific changes be made within the plans;
C. The plans or documents have not been completed;
D. Before approving the preliminary plan, the Planning Commission must make the following
findings:
1. That the proposed development will provide a more pleasant and attractive living
environment than a conventional residential development;
2. That the proposed development will create no detriment to adjacent properties nor to the
general area in which it is located; and that it will be in substantial harmony with the
character of existing developments in the area;
3. That the project will provide more efficient use of the land and more usable open space than
a conventional development permitted in the surrounding area;
4. That increased densities allowed within the proposed Planned Unit Development will be
compensated by better site design and by the provision of increased amenities and
recreational facilities; and
5. That the development will not create increased hazards to the health, safety or general
welfare of the residents of the proposed Planned Unit Development or adjacent areas.
17.66.120 Planning Commission procedures. The Planning Commission may impose
such conditions on preliminary development plans as it may deem appropriate to meet the goals
and objectives of this chapter, or may disapprove a Planned Unit Development which is found to
be deficient in meeting the intent of these provisions. Any such disapproval may be appealed to
the City Council by filing such appeal with the Zoning Administrator within ten days after the
decision of the Planning Commission.
Any failure to submit a final development plan within one year of the approval of the
preliminary development plan shall terminate all proceedings and render the preliminary
development plan null and void.
17.66.130 Planning Commission certification to Council. Upon approval of a
preliminary plan of a Planned Unit Development, the Planning Commission shall certify the plan
to the City Council and shall authorize the Zoning Administrator to so notify the City Council of
the action taken.
17.66.140 Public hearing. After receiving notice of the Planning Commission's
approval of the plans, the City Council shall hold a public hearing.
17.66.150 Final plan and approval. After the preliminary plan has been approved by
the City Council, the petitioner shall submit five prints of a final plan to the Planning
Commission through the Zoning Administrator for approval thereof, showing in detail the
following information:
1. All of the information required for submission with preliminary development plans;
2. Tabulations of all dwelling units to be constructed by types and number of bedrooms per
unit;
3. Detailed site plan with complete dimensions showing precise locations of all buildings and
structures, lot or parcel sizes and locations, designations of common open spaces and special
use areas, detailed circulation pattern including proposed ownership;
4. Preliminary building plans, including floor plans and exterior elevations;
5. Detailed landscaping plans showing the types and sizes of all plant materials and their
locations, decorative materials, recreation equipment, special effects, and sprinkler or
irrigation systems;
6. Dimensioned parking layout showing location of individual parking stalls and all areas of
ingress or egress;
7. Detailed engineering plans and final subdivision plat showing site grading, street
improvements, drainage and public utility locations. Also, submission of the engineering
feasibility studies if required by the Zoning Administrator;
8. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required
by the Zoning Administrator and/or the City Attorney;
9. A certificate of title showing the ownership of the land;
10. A certificate of acceptance by the City Council for any dedication of public streets and other
public areas, if any, that are made by the owners;
11. A certificate of accuracy by an engineer or land surveyor registered to practice in the state;
and
12. Approval from the Planning Commission.
17.66.160 Filing fees. A filing fee as established by resolution shall accompany the final
plan.
17.66.170 Stage construction permitted. Large Scale Planned Unit Developments may be
carried out in progressive stages, provided assurance is given to the City that the requirements
and intent of this title will be fully complied with. Each stage shall be considered as a separate
application. No final plan for the initial stage shall cover less than two and a half acres when
such projects are part of the overall project as shown on the approved preliminary plan.
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. Said 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 125% 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
24 months from the date of approval. Final determination of the amount of the bond or other
assurance shall be made by the legislative authority. 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.
17.66.190 Bond duration. The duration of the bond or other assurance shall be for two
years from the date of approval of the development by the legislative authority. An extension of
time may be granted by the legislative authority upon application by the petitioners, provided
such application is submitted at least sixty days prior to the expiration of the bond and provided
the issuer of the bond is willing to extend the time of the assurance.
17.66.200 Default. Developers who: a) fail to timely complete required
improvements; b) fail to complete construction in a workmanlike manner; c) allow
mechanic's liens to attach to improvements; or d) otherwise fail to comply with the
improvements agreement shall be issued a notice of violation and informed of their
default under the improvements agreement and guarantee. Each such developer shall be
given a reasonable period of time, not to exceed 30 days, in which to cure any non-
compliance with the improvements agreement. A developer contesting a notice of
violation may request a hearing before the City Council by submitting a written request
no later than ten days from the issuance of the notice of violation. Any action to forfeit
the bond or collateral shall be stayed until completion of the hearing.
1. Default of any portion of the improvements agreement will result
in the City recording an affidavit of lapse of improvements agreement. Thereafter, the
developer shall be enjoined from any conveyance or transfer of platted lots, no further
building permits will be issued, and a certificate of zoning compliance will not issue for
any structures completed to that date. In addition, the City may, at its option, complete
all or a portion of the remaining improvements required by the agreement or solicit bids
for the completion of all such improvements. In such case the City shall be entitled to
recover from the developer, the surety, and the holder of the collateral sufficient sums to
cover all costs of construction, including incidental costs, and reasonable attorney fees.
2. Upon certification of completion by the Public Works Director and
Zoning Administrator and acceptance of the improvements, free and clear of all liens and
encumbrances, the City shall execute a written acceptance and release the bond or other
collateral. Partial releases of collateral are authorized as improvements are completed
and accepted in accordance with the phasing plan approved as part of the final plat/plan.
17.66.210 Final disposition and release. The petitioner shall be responsible for the
quality of all materials and workmanship. At the completion of the work, or not less than ten
days prior to the release date of the bond or other assurance, the Zoning Administrator shall
make a preliminary inspection of the improvements and shall submit a report to the City Council
setting forth the conditions of such facilities. If all liens are paid and other conditions thereof are
found satisfactory, the City Council shall release the bond or other assurance. If the condition of
material or workmanship shows unusual depreciation or does not comply with the acceptable
standards of durability, or if any outstanding liens are not paid, the City Council may declare the
petitioner in default.
17.66.220 Failure to comply. In case of failure or neglect to comply with any and/or all
of the conditions and regulations as herein established, and as specifically made applicable to a
Planned Unit Development, the Zoning Administrator shall not issue a certificate of zoning
compliance therefore. 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 of approval thereafter shall also be deemed a
violation of this title.
PASSED, ADOPTED AND APPROVED by the Governing Body of the City
of Moab in open session this 28th day of December, 1999. This Ordinance shall take
effect immediately upon passage.
ae.—
Karla R. Hancock
Mayor of Moab City
Rachel Ellison
Moab City Recorder