CHAPTER 2.05
SUBDIVISION IMPROVEMENTS

Sections:
2.05.005 Required Improvements.
2.05.010 Off-Site Improvements.
2.05.015 Fee-in-Lieu of Construction for Required Improvements.
2.05.020 Utility Upsizing.
2.05.025 Improvement Deadlines.
2.05.030 Construction of Subdivision Improvements.
2.05.035 Debris in Streets.
2.05.040 Public Utilities and Improvements Installation Priority.
2.05.045 Bond for Improvements.

2.05.005 REQUIRED IMPROVEMENTS. The following table of improvements is mandatory in all Subdivisions and shall be installed by the developer in accordance with Title III General Public Works Construction Standards and Specifications. Additional requirements and standards pertaining to the required improvements include but are not limited to this section and other sections of this Title and Title I as noted by section references below.

REQUIRED IMPROVEMENTS
Engineered footings. See International Building Codes.
Public facilities.
Street signs.
Drive approaches for each lot. See Title I Chapter 1.17
Off street parking. See Title I Chapter 1.17
Curb, gutter, and sidewalk. See 2.06.005
Culinary water systems. See 2.06.010
Extending and constructing roads, water lines, sewer lines and storm drain lines beyond the boundary limits of the Final Plat. See 2.05.010
Permanent markers to identify lot corners and service laterals. See 2.06.010, 2.06.025, and 2.06.075D
The looping (multiple water main’s serving the same subdivision) of culinary water system. See 2.06.010
Sanitary sewer systems. See 2.06.020
Subsurface & surface water drainage systems. Including easements and improvements to existing Field Drain Systems and Canals. See 2.06.025
Surface water runoff drainage systems. See 2.06.025
Fences. See 2.06.045 and 2.06.095
Street dedication and paving. See 2.06.045 and 2.06.050
Stub streets to adjoining properties. See 2.06.045
Temporary turn around. See 2.06.045
Other public and private utilities. See 2.06.055
Street lighting conduit and Street Lights. See 2.06.055
Additional Utilities, including but not limited to electrical service, natural gas, telephone, cable television, and internet services. See 2.06.060
Telecommunication Conduit. See 2.06.060
Bridges, Pipes and Culverts. See 2.06.065
Walkways. See 2.06.070
Easements. See 2.06.085
Covering, piping, relocating or abandoning irrigation ditches. See 2.06.090
Grading. See 2.06.100
Restoration of vegetation on hillsides and natural open space areas. See 2.06.100
Retaining walls. See 2.06.100
Water Shares in the Bear River Canal Company and secondary water transmission and distribution system. See 2.06.105
Fire hydrants in accordance with the Appendix C, International Fire Code.

A. The City Engineer or Development Review Committee may also require the developer to install or provide any or all of the following improvements according to the particular needs of the subdivision:

1. Landscaping.

2. Buffers and screenings to mitigate potential nuisances.

3. All other improvements, which the City deems reasonably necessary to promote the public health, safety and welfare.

B. In determining the particular needs of the subdivision and in determining whether any of the improvements specified in 2.05.005(A) shall be required in a particular subdivision, the City Engineer or Development Review Committee shall consider, among other things:

1. Compliance with existing plans adopted by the City Council.

2. Recommendations from staff, or the Planning Commission.

3. The requirements of the International Building Codes and the International Fire Code.

4. The topography of the property, the type of soil on the property, the existence of subsurface water drainage systems in the vicinity of the property, and the City’s storm water drainage master plan.

5. The extent to which the proposed subdivision causes or contributes to the need for the improvement.

6. The need for the improvement to protect the health, safety, and welfare of residents of the subdivision and the community at large.

7. The types of development and uses adjacent to the subdivision.

8. Existing historical uses across the property such as field drains, canals, and irrigation ditches.

9. The improvements imposed are in compliance with Utah Code 10-9a-508 as amended by the Utah Legislature.

2.05.010 OFF-SITE IMPROVEMENTS. The developer may be required to install off-site improvements when it is shown that the proposed subdivision causes or contributes to the need for such improvements. In cases where the proposed subdivision causes or contributes to the need for off-site improvements, but the developer is not required to install them, the City may impose a proportionate fee, or may otherwise require financial contribution pursuant to written agreements between the City and the developer. Whether or not the developer actually installs the improvements, the City may require that owners of other undeveloped properties, the development of which shall also contribute to the need for the improvements, pay a proportionate fee or be party to such agreements. The City shall follow the requirements of all applicable statutory (Utah Code 10-9a-508) and case law in arriving at a just and equitable distribution of the costs of the improvements. Written findings shall be made by the City showing the reasons and justification for the allocation of the costs. The fees or the monies collected pursuant to such agreements shall be used towards the costs of installing the improvements. This Subsection shall not apply in the case of required off-site water and sewer systems, the financing of which is covered by Subsections 2.05.045(B) and (C).

2.05.015 FEE-IN-LIEU OF CONSTRUCTION FOR REQUIRED IMPROVEMENTS.

A. In cases where a developer shall be required by City Ordinance to install an improvement but due to circumstances as determined by the City Engineer prevent the construction of the improvement the Development Review Committee may allow the developer to pay a fee-in-lieu of construction. The fee-in-lieu payment shall be the current cost of constructing the improvement as estimated by the City Engineer. The fee-in-lieu payment shall be formalized in an agreement between the City and developer, and the payment shall be made prior to the recordation of the subdivision or permit being issued. Whether off-site improvements are installed or financed in whole or in part by the developer through the use of fees or agreements, the City shall follow the requirements of all applicable statutory (Utah Code 10-9a-508) and case law in arriving at a just and equitable distribution of the costs of the improvements. Written findings shall be made by the City showing the reasons and justification for the allocation of the costs. The fee-in-lieu payment shall be used towards the costs of installing the improvements and absolve the developer from making the improvement in the future or paying the future cost of the improvement.

B. The Developer shall pay a fee-in-lieu for Street Chip Seal and Fog Coat prior to recording the Final Plat. The Developer may pay a fee-in-lieu for Curb, Gutter, and Sidewalk where due to circumstances as determined by the Development Review Committee prevent the construction of the improvement.

2.05.020 UTILITY UPSIZING. The City may require a developer to install water, sewer or storm drain lines that are larger than that which would be necessary to meet the service needs of the subdivision. The City shall participate in the cost of sewer, storm water, and water main lines when the City requires the developer to install or provide lines that are larger or greater than what is necessary to provide the required services for all phases of the subdivision. The size of such improvements shall be specified by the City, and the amount of City participation in the cost of the improvements shall be agreed formalized in an agreement between the City and the developer prior to approval of the subdivision plat; provided, however, that the City shall not participate in the construction of any sewer line less than ten (10) inches in diameter or water line less than twelve (12) inches in diameter, and in all cases, the maximum financial participation by the City shall be limited to the difference in costs between the improvements needed to service the subdivision and those improvements actually required by the City.

2.05.025 IMPROVEMENT DEADLINES. All required improvements shall be completed and pass City inspections within one (1) year of the date that the Final Plat is recorded. Required improvements for plats recorded between November 1st and March 31st shall be completed by the next October 1st. For example, the required improvements for a plat recorded on February 6th, shall be completed by October 1st, in the same calendar year. Failure to meet this time frame may result in forfeiture of the bond. A written agreement to extend the completion of the improvements may be granted by the Development Review Committee where due to circumstances as determined by the Development Review Committee would delay the completion of required improvements.

2.05.030 CONSTRUCTION OF SUBDIVISION IMPROVEMENTS. All subdivision improvements shall be completed by qualified contractors in accordance with Title III General Public Works Construction Standards and Specifications. No work may be commenced on improvements intended to be dedicated to the City without approved construction drawings and a pre-construction meeting with the City.

2.05.035 DEBRIS IN STREETS. When installing any of the subdivision improvements, the developer and contractor shall be required to keep all paved streets, sidewalks and gutters and surrounding properties within or outside the subdivision free from any construction debris, concrete, trash, mud or dirt from the project. Upon notification by the City of a violation of this provision, the developer shall have the area affected cleaned within twenty-four (24) hours. If he/she fails to do so, the City may clean it and the developer shall reimburse the City for all costs incurred. Bond money may be used to cover cleaning costs.

2.05.040 PUBLIC UTILITIES AND IMPROVEMENTS INSTALLATION PRIORITY.

A. Underground utilities, service lines, and water and sewer systems, including laterals, shall be installed prior to the installation of any other street improvements unless the City Engineer waives this requirement in writing.

B. All gravity flow systems shall be installed prior to installation of pressurized systems.

C. All new sewer lines shall be inspected by television monitoring equipment before the installation of asphalt paving. The developer of the subdivision shall be required to provide for the television monitoring.

D. No Building Permits shall be issued until all water, sewer, and storm drain lines have been extended to the farthest lot line of any lot being developed in the subdivision plat and the water and sewer lines have been approved by the City, unless the City Engineer waives this requirement in writing. All curb, gutter, base gravel, and compaction shall be installed in accordance with Title III General Public Works Construction Standards and Specifications and approved by the City.

2.05.045 BOND FOR IMPROVEMENTS.

A. The developer’s bond shall be held to guarantee that all required improvements by City Ordinances and State Statues shall:

1. Be constructed in accordance with Title III General Public Works Construction Standards and Specifications and the construction drawings approved by the City Engineer.

2. Be completed and pass City inspection within one (1) year of the date that the Final Plat is recorded.

3. Remain free from defects for a period of one (1) year following the date that all improvements pass City inspection. The developer shall repair or replace any improvements, which are or become defective during this time period. All repairs or replacements shall be made to the satisfaction of the City. The City may require the developer to guarantee and warrant that any repairs remain free from defect for a period of one (1) year following the date that the repairs pass City inspection. The City may retain the developer’s bond until the repairs have lasted through the warranty period, and may take action on the bond if necessary to properly complete the repairs.

4. Sidewalks shall be completed for all lots and parcels by the end of the warranty period as described in 2.05.045 A. 3. Where the weather may cause a delay in completing the sidewalks the Zoning Administrator may extend the installation period, however, a bond for the remaining sidewalks shall remain in place until the installation is complete and passes City inspection.

B. The Bond guaranteeing the developer’s timely and proper installation and warranty of required improvements shall be equal in value to at least one hundred-ten (110) percent of the cost of the required improvements, as estimated by the City Engineer. The purpose of the bond is to enable the City to make or complete the required improvements in the event of the developer’s inability or failure to do so. The City need not complete the required improvements before collecting on the bond. The City may, in its sole discretion, delay taking action on the bond and allow the developer to complete the improvements if it receives adequate assurances that the improvements shall be completed in a timely and proper manner. The additional ten (10) percent shall be used to make up any deficiencies in the bond amount and to reimburse the City for collection costs, including attorney’s fees, inflationary costs, etc.

C. The Bond shall be an escrow bond, or cash bond in favor of the City. The requirements relating to each of these types of bonds are detailed below. The City Attorney shall approve any bond submitted pursuant to this section. The City Attorney reserves the right to reject any of the bond types if it has a rational basis for doing so. Escrow bonds shall be held by a federally insured bank, savings and loan or credit union or a title insurance underwriter authorized to do business in the State of Utah. A developer may use a cash bond by tendering the required bond amount in cash or certified funds to the City, partial releases may be made from the cash bond as allowed for other bond types, but shall retain ten (10) percent of the bond through the warranty period for any repairs necessary prior to final approval at the end of the warranty period. If no repairs are required at the end of the warranty period the remaining portion of the bond shall be released to the Developer. The City shall not pay any interest on funds held as a cash bond.

ORD 21-06