14.44.140 Guarantees and Covenants.
(1) Prior to or in conjunction with submission of a final development plan for the first building or first phase of any R&BP development, a Declaration of Covenants, Conditions and Restrictions for said development shall be submitted to and be approved by the Provo City Planning Commission and shall be recorded with the County Recorder of Utah County. Said declaration shall contain guarantees for the perpetual maintenance of all common open spaces within the R&BP development, and shall assure compliance with the following standards to promote the health, safety, general welfare and property value within the development and in the general area.
(2) The following assurances and standards shall be included within the Declaration of Covenants, Conditions, and Restrictions recorded in conjunction with any R&BP development:
(a) The declaration shall include management policies for any common open spaces within the development, setting forth the quality of maintenance to be performed and what entity will be responsible for the perpetual maintenance of said spaces. These management policies, as a minimum, shall contain the following:
(i) The establishment of an association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each of the owners of land parcels or units within the R&BP development.
(ii) 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 area and facilities in an efficient and quality manner.
(iii) 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.
(iv) The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof.
(v) The method for maintenance of all private streets and private utilities and acknowledgment that such maintenance is the responsibility of the owners’ corporation or association.
(vi) The manner of collection from property or unit owners for their share of common expenses, and the method of assessment.
(vii) Provisions as to percentage of votes by property or 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.
(b) There shall be a conveyance in the declaration of an open space easement over all common open spaces, restricting the area against any future building or use, except as approved in the preliminary project plan.
(c) The declaration shall contain provisions requiring owners of individual parcels of land or condominium units within the R&BP development to install landscaping to a standard at least equivalent to that established within the typical landscaping plan approved as an element of the preliminary project plan. Said landscaping must be installed within one (1) year of the issuance of Certificates of Occupancy for condominium units or buildings on individual parcels of property. Common area landscaping shall be installed with each phase.
(d) The Declaration shall provide for the creation and perpetual provision of an architectural committee, the number of members and composition of which shall be clearly stipulated. At least one (1) member of this committee shall be selected from the surrounding neighborhood by the Planning Commission. (To accomplish this, the Neighborhood District Executive Board shall submit a list of at least six (6) names of area residents to choose from). This provision shall provide for the approval by said architectural committee of all schematic project plans and elevations of all buildings and signs to be erected in the R&BP development prior to submission for project plan approval by Provo City. The declaration shall also establish design guidelines governing the appearance of the site, buildings, signs, lighting, landscaping, street furniture, fencing, and mechanical equipment.
(e) The declaration shall stipulate the method and procedure by which the declaration may be amended.
(f) The declaration shall specify the maximum percentage of lot area which will be occupied by buildings in the areas of each of the general land use categories as set forth in the approved preliminary project plan.
(g) The declaration shall specify the maximum building height approved by the Planning Commission.
(h) The declaration shall contain a Traffic and Parking Management Plan aimed at encouraging the use of mass transportation and car pooling among the park’s employees.
(i) The declaration may also contain use restrictions which are more restrictive than the City’s Zoning provisions, but in no case shall they be more permissive.
(j) The declaration shall state that, “Provo City by virtue of ownership of streets, utilities, rights-of-way and easements in and through the project shall be deemed to be an ’owner’, with full voting privileges, under the terms of this declaration and shall have authority and standing to initiate actions for enforcement of the provisions and standards herein which are deemed to be in the public interest.”