Chapter 17.40
IMPROVEMENTS
Sections:
Article I. Assurance for Completion and Maintenance of Improvements
17.40.010 Dedication of improvements.
17.40.020 Performance guarantees.
17.40.030 Temporary improvements.
17.40.040 Costs of improvements.
17.40.050 Acceptance of dedication offers.
Article II. Inspection of Improvements
17.40.060 General procedure and fees.
17.40.070 Release or reduction of performance guarantee.
Article III. Maintenance of Improvements
17.40.080 Prior to completion.
17.40.090 Warranty after acceptance and dedication.
Article I. Assurance for Completion and Maintenance of Improvements
17.40.010 Dedication of improvements.
Before the final plat is signed by the Chair of the Planning Commission and the Mayor, all applicants shall be required to dedicate all applicable public improvements to the City as well as any water right transfers, conservation easements or dedications of public lands to land trusts, free and clear of all liens and encumbrances on the property and public improvements thus dedicated. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.23.1, 1993.)
17.40.020 Performance guarantees.
The applicant shall post an acceptable guarantee at the time of application for final plat approval in an amount estimated by the City Engineer and Public Works Director as sufficient to secure to the municipality the satisfactory construction, installation, and dedication of the required improvements. The posting of guarantees are in lieu of actual construction and are therefore established for the benefit of and inure to the public at large and as such are not to be used for satisfying contractor or mechanics liens or other unrelated obligations. The performance guarantee shall also secure all lot improvements on the individual lots of the subdivision as may be required. Such performance guarantee shall comply with all City policies and statutory requirements of Utah Code and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in this title or FCC Title 18.
The period within which required improvements must be completed shall be specified by the City Council in the resolution approving the final plat and shall be incorporated in the guarantee and shall not in any event exceed two years from the date of final approval. Such guarantee shall be approved by the City Council and Engineer with satisfactory surety and conditions. The City Council may extend the completion date set forth in such guarantee for a maximum period of one additional year. The City Council may at any time during the period of such guarantee accept a substitution of principal or sureties. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.23.2, 1993.)
17.40.030 Temporary improvements.
The applicant shall build and pay for all costs of temporary improvements required by the City and shall maintain them for the period specified. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable guarantee, in accordance with this title or FCC Title 18, for temporary facilities, which ensures that the temporary facilities will be properly constructed, maintained, and removed. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.23.3, 1993.)
17.40.040 Costs of improvements.
All on-site or project-specific improvements required to provide adequate public facilities in order to provide service to a subdivision at acceptable level of service standards shall be made by the applicant, at their expense, without reimbursement by the City or any improvement district therein, and in accordance with related codes, fee schedules, and ordinances. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.23.4, 1993.)
17.40.050 Acceptance of dedication offers.
Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by the signature of the Mayor on the plat. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.23.5, 1993.)
Article II. Inspection of Improvements
17.40.060 General procedure and fees.
The City Engineer or Building Official shall provide inspection of required improvements during construction and insure their satisfactory completion. The applicant shall, in accordance with the City fee schedule, pay to the City an inspection fee and the final plat shall not be signed by the Chair of the Planning Commission or Mayor unless the fees have been paid pursuant to the escrow account procedures set forth in this chapter (refer to FCC 17.05.100). These fees shall be due and payable upon demand of the City and no building permits or certificates of occupancy shall be issued until all fees are paid. If the City Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the City’s construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance guarantee, the applicant and the issuing company shall be severally and jointly liable for completing the improvements according to specifications. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.24.1, 1993.)
17.40.070 Release or reduction of performance guarantee.
Subject to the maintenance provisions contained in this title and FCC Title 18, the City will not accept dedication of required improvements, or release or reduce a performance guarantee, until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer or surveyor has certified to the City Engineer, through submission of detailed “as-built” survey plats of the subdivision indicating location, dimensions, materials, improvements and other information required by the City Engineer, that the layout of the line and grade of all public improvements is in accordance with the City-approved construction plans for the subdivision. Upon such approval and recommendation, the City Council shall thereafter accept the improvements for dedication in accordance with the established policy and procedure.
1. Reduction of Performance Guarantee. A performance guarantee may be reduced upon actual completion and acceptance of public improvements and then only to the ratio that the public improvement accepted bears to the total public improvements for the plat. In no event shall a performance guarantee be reduced below 25 percent retainage of the principal amount until total completion. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.24.2, 1993.)
Article III. Maintenance of Improvements
17.40.080 Prior to completion.
The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks until over 50 percent of the lots within the subdivision are occupied. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.26.1, 1993.)
17.40.090 Warranty after acceptance and dedication.
The applicant shall be required to file a maintenance guarantee with the City, prior to acceptance, in an amount considered adequate by the City Engineer and in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of one year after the date of their acceptance by the City and dedication of same to the City. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.26.2, 1993.)