14.49E.130 Other Requirements.
(1) Homeowner’s Association – Guarantees and Covenants.
(a) Adequate guarantees and covenants shall be provided for permanent retention and maintenance of all parks, open space, trails, and other amenities owned in common within the Broadview Shores development. No final plat may be approved until restrictive covenants have been submitted to and approved by the Development Services Department. Said guarantees shall include the following:
(i) A homeowner’s association for the entire development shall be created.
(ii) The care and maintenance of the area within any 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 Broadview Shores. 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.
(iii) Maintenance of open space reservations shall be managed by a person, partnership, or corporate entity which has adequate expertise and experience in property management to assure that maintenance is accomplished efficiently and at a high standard of quality.
(b) Parking and occupancy requirements, association funds, and establishment of maintenance estimates and funds shall be disclosed prior to any purchase of property within the development.
(c) Ongoing maintenance fees that will be assessed prior to the purchase or lease of property shall be disclosed.
(2) Trash Storage.
(a) Storage of trash, abandoned, wrecked, or junked vehicles shall be prohibited. Storage of miscellaneous materials shall conform to the requirements of Section 14.34.080, Provo City Code.
(b) Refuse bins (dumpster) shall be stored in a screened enclosure which has a six (6) foot masonry wall or vinyl fence and which is architecturally compatible in style and materials with the character of the development. Such structures may not be located in a front yard setback.
(3) Outdoor Lighting. All outdoor lighting shall comply with Chapter 15.21, Provo City Code, where applicable.
(4) Transitional Development Standards. Where a commercial structure is located adjacent to residential property, the requirements of Section 14.34.300, Provo City Code, shall apply.
(5) All building and parking lot lighting shall comply with the outdoor lighting regulations of Title 15, Provo City Code.
(6) Notwithstanding a permitted or conditional use provision to the contrary, a use that involves open storage of merchandise or equipment, off-premises signs, trade or industry that is noxious or offensive by reason of the emission of odor, smoke, gas, vibration or noise shall be strictly prohibited on a lot abutting a residential, residential agricultural or agricultural zone.
(7) No overhead/bay doors shall be permitted in the wall of a building which faces a residential, residential agricultural or agricultural zone if said wall is closer than twenty-five (25) feet to the property line.
(8) All mechanical equipment (e.g., air conditioners, fans, pumps, etc.) should be located within the building or on a roof with parapet walls. Any mechanical equipment located on the outside of a building within twenty-five (25) feet of the nearest residential use shall have a visual/noise barrier (masonry wall or landscaping) that completely surrounds the equipment and extends at least one (1) foot above the equipment. Noise from mechanical equipment shall not exceed the decibel level set forth in Section 9.06.030, Provo City Code.
(9) No loading dock or delivery pickup area shall be located within fifty (50) feet of a residential use. These areas shall be screened from public view with a six (6) foot masonry wall.
(10) No trash container shall be located closer than twenty-five (25) feet from the side property line of a lot in a residential, residential agricultural or agricultural zone.
(11) Parking. See Chapter 14.37, Provo City Code.
(12) All of the above-listed requirements shall apply, unless the Planning Commission approves an alternative buffering arrangement equal to or better than the requirements set forth in this Section. The Planning Commission shall make specific findings justifying the alternate buffering arrangement.