Division III. Generally Applicable Requirements/Standards
Chapter 16.30
GENERAL REQUIREMENTS FOR ALL SUBDIVISIONS
Sections:
16.30.010 What this chapter does.
16.30.020 Purpose.
16.30.030 Eagle Mountain City Construction Specifications and Standards.
16.30.040 Required improvements defined.
16.30.050 Installation at developer’s expense.
16.30.060 Development agreements defined.
16.30.070 Guarantees.
16.30.080 Warranty of improvements.
16.30.090 Rural residential subdivisions.
16.30.010 What this chapter does.
This chapter requires the installation, contribution and dedication, at no cost to the city, of required improvements in developments at the developer’s expense, sets improvement standards or refers to other standards, permits the phased installation of improvements pursuant to a development agreement, and requires the perpetual maintenance of required improvements which are not dedicated to the city. [Ord. O-07-2006 § 2 (Exh. 1 § 6.1); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.1)].
16.30.020 Purpose.
The purpose of this chapter is to set forth the general requirements for all subdivisions in Eagle Mountain City. This chapter identifies required improvements, provides for a method of constructing required improvements, and provides for the construction bonding and warranty of public facilities. [Ord. O-07-2006 § 2 (Exh. 1 § 6.2); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.2)].
16.30.030 Eagle Mountain City Construction Specifications and Standards.1
The city has adopted a publication titled, “Eagle Mountain City Construction Specifications and Standards.” The provisions, standards and specifications found in this manual (and as amended in the future) are hereby incorporated herein by reference. The city engineer shall use this manual in the review of proposed construction plans for public facilities. Developers and subdividers shall also use this manual in the preparation of their construction plans. In addition, required improvements shall be installed in compliance with this title and any capital facilities plans, designs, and engineering standards separately adopted by the city or other agencies responsible for providing services to the development. [Ord. O-07-2006 § 2 (Exh. 1 § 6.3); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.3)].
16.30.040 Required improvements defined.
A “required improvement” is any legal entitlement such as water rights or other legal or tangible physical improvements required for compliance with state or local statutes and ordinances. Required improvements include, but are not limited to:
A. Drainage System. A drainage system that addresses the impacts of the project on both off-site and on-site surface runoff water and that meets the requirements of Chapter 16.40 EMMC;
B. Buffers and Screens. Landscaped buffers, screening fences or walls, and similar improvements required to mitigate potential nuisances;
C. Culinary Water and Wastewater Facilities. Water and sewer mains and related improvements, water storage, lift stations, and other utilities;
D. Water Rights and Sources. Sufficient water, including sources if necessary, and water rights conveyed to the city and usable by the city for municipal purposes acceptable to the city attorney, and to meet all applicable city and other government regulatory standards for the uses proposed;
E. Off-Street Parking Areas. Off-street parking and loading areas, including any required landscaping;
F. Transportation Improvements. Roads and related improvements, including bridges, culverts, traffic control signs, and street trees (when applicable);
G. Sidewalk and Trail Systems. Sidewalks and trail systems, including signage;
H. Parks and Open Space. Parks and open space as required in the preliminary approval of the project;
I. Restoration of Native Plants. Restoration of native plant materials and species in natural open space areas when they are disturbed (a temporary irrigation system may be required by the city engineer to stabilize plant material);
J. Utilities. Utilities such as telecommunications, electric power, natural gas, and any required conduit;
K. Street lighting;
L. Fire hydrants. [Ord. O-07-2006 § 2 (Exh. 1 § 6.4); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.4)].
16.30.050 Installation at developer’s expense.
The installation of required improvements shall be at the developer’s expense except that the city may choose to participate in the cost of certain improvements in order to correct deficiencies in areas outside the development, or to provide capacity for future development in accordance with the capital facilities plan or general plan. Where off-site improvements, such as utility extensions, are constructed at the developer’s expense, provisions may be included in a development agreement for reimbursement by landowners whose property subsequently benefits from the improvements. [Ord. O-07-2006 § 2 (Exh. 1 § 6.5); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.5)].
16.30.060 Development agreements defined.
Development agreements shall be required for each final plat. Applicants may elect to have the final plat approved prior to the development agreement for the subdivision. All development agreements shall be approved by the city council prior to the recordation of the plat. The effect of a development agreement shall be to create vested rights as described in said agreement. Development agreements do not exempt developments from changes in state or federal regulations or changes in the city development code or construction specifications and standards, International Fire Code, International Building Code or International Residential Code. Development agreements shall, at a minimum, include the following:
A. Plat and Construction Drawings. A copy of the final plat document, record of survey, or site plan as applicable and accompanying construction drawings of the initial phase;
B. Engineer’s Estimate for Required Improvements. A description of all required improvements, including parks and trails, in the initial phase and an estimate by the city engineer of their cost;
C. Completion Schedule. A schedule for completion of the required improvements;
D. Maintenance Period. Provisions defining required maintenance activities which include, but are not limited to, general upkeep of landscaping, sidewalks, streets, parks, utility infrastructure and the repair of such facilities as needed and as may be required by the city during and/or near the end of the maintenance period. These activities may also be specifically defined in the development agreement;
E. Guarantee. A process by which the city may, if necessary, complete required improvements using the guarantee provided;
F. Transfer Provision. A process by which the development agreement may be transferred, with city approval, to the developer’s successors;
G. Voiding Agreement. A statement that provides that the development agreement and the vested rights it confers shall be void if the city is required to “call” a guarantee to complete required improvements or if the anticipated schedule required above is not met or renegotiated. The developer shall have the right to renegotiate the anticipated schedule without losing vested rights; provided, that such negotiations are initiated, by the developer, within 90 days after failure to initiate or complete a phase as scheduled. Also, a statement that provides that in the event the developer fails to comply with the terms of the agreement, the city may withhold approval of building permits within the project;
H. Dedication of Rights-of-Way. A statement that provides for dedication to the city of rights-of-way to adjacent properties and construction of temporary cul-de-sacs as needed to ensure adequate egress from stub streets;
I. Covenants, Conditions, and Restrictions. Declaration of covenants, conditions, and restrictions, declaration of condominium, or applicable architectural elevation plans;
J. Special Conditions. Special conditions shall be included in all development agreements. These conditions may relate to the timing of certain improvements, lot design, performance standards applying specifically to the project, necessary off-site conditions or improvements, conditions relating to shared open space or parks, special circumstances due to location of utilities, physical characteristics of the subject property or other conditions needing to be specifically identified within the development agreement. [Ord. O-07-2006 § 2 (Exh. 1 § 6.6); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.6)].
16.30.070 Guarantees.
Completion of the improvements identified in a development agreement shall be guaranteed by one of the methods listed below. A separate guarantee shall be required for each phase of the development identified in the development agreement.
A. Bond. The developer may place an amount equal to 110 percent of the estimated cost of the required improvements in escrow or improvement bond, with that amount and the accumulated interest (for a cash escrow bond) being released only after the city has inspected and accepted the required improvements. A development agreement may provide for the phased release of portions of the funds of the bond as work proceeds, but at least 10 percent of the total shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the escrow account or improvement bond to complete those improvements, then return any remaining balance to the developer or bonding agency.
1. Parks, Trails, and Open Space Improvements. All required parks, trails, and open space improvements require a separate cash bond for each phase of the development identified in the development agreement.
B. City Attorney’s Approval. Each escrow agreement, improvement bond or other security shall be in a form approved by the city attorney.
C. Inspections. Required improvements shall be inspected by the city engineer before acceptance. Such acceptance of required improvements shall be by approval of a bond release by the city council, following submission of the developer’s written request for acceptance and receipt of the city engineer’s report that all improvements have been inspected and are in compliance with this title and EMMC Title 17. Fees for the inspection of required improvements shall be remitted prior to the recordation of any final plats or prior to the construction of any public improvements in the case of construction not related to subdivision plats.
D. As-Built Drawings. The applicant shall pay the costs associated with the city preparing the as-built drawings of the public improvements prior to the release of any bonding amounts. [Ord. O-07-2006 § 2 (Exh. 1 § 6.7); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.7)].
16.30.080 Warranty of improvements.
A. Each required improvement shall be warranted by the developer for both materials and workmanship for two years after their acceptance. Such a warranty provision shall be included in all development agreements. Enforcement of the warranty shall be assured by one of the following:
1. Ten Percent Retention – Escrow. Retention of 10 percent of an escrow account established to comply with this title; or
2. Ten Percent Retention – New Account. Establishment of a new escrow account, in which an amount no less than 10 percent of the cost of the required improvements is deposited, and which shall be released, with accumulated interest, upon expiration of the warranty.
B. Other construction, warranty and maintenance issues include:
1. Maintenance until Final Acceptance. The developer shall be responsible for the maintenance of improvements until there has been a final acceptance of the improvement.
2. Maintenance by Homeowners’ Association. Any development that is subject to continuing maintenance requirements – such as multifamily residential developments or condominiums – shall create a homeowners’ association. The developer shall submit the proposed declaration of covenants, conditions and restrictions, condominium declarations, articles of incorporation, and bylaws for the community association for review and approval by the city attorney.
3. Maintenance as Required by Title. The maintenance of any developed and/or landscaped open space required for compliance with this title or other city ordinances shall include, but not be limited to, upkeep of landscaping, parks, trails, and fencing, where required; control of noxious weeds; litter removal; and wildfire suppression. Maintenance activities shall not diminish the protected open space values (wetlands, slopes, etc.).
4. Landscape Maintenance. Maintenance of landscaped areas includes the installation and maintenance of an irrigation system, timely irrigation, weed and pest control, and all other activities required to maintain the function of the landscaped area. Sufficient water rights for the maintenance of landscaped areas shall be dedicated to the city.
5. Two-Year Completion. Improvements must be completed within two years of recording the final plat, unless a shorter period is otherwise provided in the development agreement.
6. Improvements before Building Permits. Road access must be provided as approved by the city engineer, and fire hydrants must be operational with adequate fire flow as specified in the International Fire Code before any construction within the subdivision will be allowed to proceed above foundation level. Other restrictions contained in the International Building Code or the International Residential Code may also apply.
7. Infrastructure Completed before Certificates of Occupancy. Residential occupancy of structures within a subdivision shall not be allowed until all roads are asphalted, street signs installed, utilities (except telephone) and other required public infrastructure are installed and operable (see EMMC 16.05.100(D)). The completion of required public parks may be governed by development agreement and shall not necessarily restrict residential occupancy. The city may allow residents to occupy a home when the weather precludes the streets from being asphalted so long as there is a guarantee that the streets will be asphalted when the weather permits.
8. Excavation Permits. Subdivisions that have received final plat approval may obtain an excavation permit to begin construction prior to recordation of final plats. [Ord. O-07-2006 § 2 (Exh. 1 § 6.8); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.8)].
16.30.090 Rural residential subdivisions.
Subdivisions that are to be reviewed under agricultural, base density, or Tier I residential zone development standards (see Chapters 17.20, 17.25 and 17.30 EMMC) may not be required to install the same public improvements as subdivisions developed in other zones. Requirements to install curbs, gutters, sidewalks, water and sewer utilities, and street lights may be waived by the city council after a recommendation from the planning commission, upon condition that the developer provides for pedestrian circulation and accommodates water and sewer utilities and surface drainage throughout the subdivision. Necessary facilities may include, but not be limited to, trails and pathways, storm drainage detention ponds or secondary water facilities. [Ord. O-07-2006 § 2 (Exh. 1 § 6.9); Ord. O-23-2005 § 3 (Exh. 1(2) § 6.9)].
Code Reviser’s Note: This document is codified in EMMC Title 15.