14.31.130 Guarantees and Covenants.
(1) Adequate guarantees shall be provided for permanent retention and maintenance of all open space areas created within a performance development. The Chief Building Official shall not issue a Certificate of Occupancy until all required guarantees have been submitted to and approved by the Planning Commission. Said open space guarantees may include the following:
(a) The City may require the developer to furnish and record protective covenants which will guarantee the retention of the open land area, or the City may require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development.
(b) The developer shall be required to develop and provide for the maintenance of all open space, unless part of or all of it is contiguous to and is made a part of an existing park, and the City Parks and Recreation Department accepts dedication and approves the annexation of the property to said park.
(c) In the case of private reservation, the open space to be reserved shall be protected against building development by conveying to the City as part of the condition of project approval, an open space easement over such open areas, restricting the area against any future building or use, except as approved on the project plan.
(d) The care and maintenance of the area within such open space reservation shall be insured by the developer by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the performance 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.
(e) Maintenance of open space reservations shall be managed by person, partnership, or corporate entity in which there is adequate expertise and experience in property management to assure that said maintenance is accomplished efficiently and at a high standard of quality.
(f) Minor changes in the location, siting, and height of buildings and structures may be authorized by staff without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this Subsection may cause any of the following:
(i) A change in the use or character of the development;
(ii) An increase in overall coverage of structures;
(iii) An increase in the intensity of use;
(iv) An increase in the problems of traffic circulation and public utilities;
(v) A reduction in approved open space;
(vi) A reduction of off-street parking and loading space;
(vii) A reduction in required pavement widths.
(g) All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be made by the Municipal Council after report of the planning staff and recommendation by the Planning Commission.
(2) In order to insure that the performance development will be constructed to completion in an acceptable manner, the applicant (owner) shall post a performance bond in compliance with City bonding policy.
(3) The applicant (owner) of any performance 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 Planning Commission 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 covenants, conditions, and restrictions shall include management policies which shall set forth the quality of maintenance that will be performed and who is to be responsible for said maintenance within said condominium development. Said document shall, as a minimum, contain the following:
(a) Provisions for the type of occupancy (family or baching singles) as determined by the amount of provided parking and by the underlying zone.
(b) 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.
(c) 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 said committee; and including the person, partnership, or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common areas and facilities in an efficient and quality manner.
(d) 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.
(e) The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof.
(f) The method for maintenance of all private streets and private utilities and acknowledgment that such maintenance is the responsibility of the homeowners corporation or association.
(g) The manner of collection from unit owners for their share of common expenses, and the method of assessment.
(h) 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 part of the project.
(i) The method and procedure 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 County Recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. Said declaration and amendments thereto shall be maintained as part of the project plan for the performance development.
(4) In case of failure or neglect to comply with any and all of the conditions and regulations herein established, and as specifically made applicable to a performance development, the building inspector 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 or approval thereafter shall also be deemed to be a violation of this Chapter.
(5) Streets not constructed to City width standards shall be noted in a required covenant. Such streets may only be dedicated in compliance with Chapter 15.23 (Dedication of Private Streets to Public Ownership), Provo City Code. The Municipal Council may vote to remove the property from the Performance Development Overlay Zone and deny the project plan, if the plan for the property is found to be out of character with the neighborhood; if, in the interest of promoting the general health, safety and welfare, the changed project plan should be denied; or if implementation of the new project plan would hinder or obstruct the attainment of policies established in the General Plan.