Chapter 8.10
GENERAL PROVISIONS
Sections:
8.10.020 General requirements.
8.10.030 Security of performance.
8.10.050 Parks, open space, and other public spaces.
8.10.070 Relation to adjoining street systems.
8.10.100 Extension of public work facilities.
8.10.110 Second access required.
8.10.120 Mandatory use of City water, secondary water and sewer systems.
8.10.150 Guidelines and checklists.
8.10.170 Issuance of building permit.
8.10.180 Occupancy of a dwelling.
8.10.200 Residential driveways.
8.10.010 Definitions.
The following terms used in this title shall have the respective meanings hereinafter set forth:
“Alley” means any public way or thoroughfare less than 16 feet but not less than 10 feet in width, which has been dedicated or deeded to the public for public use.
“Bench mark” means a mark affixed to a permanent or semi-permanent object along a line of survey to furnish a datum level.
“Block” means a piece of land bordered by streets or other rights-of-way, and/or which is designated as a block on any recorded subdivision plat.
“Building Official” means the officer or other designated authority charged with the administration and enforcement of uniform codes, and the inspection of all subdivision improvements, or the Building Official’s duly appointed representative.
“City” refers to Syracuse City.
“City Council” means the City Council of Syracuse.
“City Engineer” means any registered civil engineer hired by the City Council to accomplish the objectives of this title; provided, that no such person may serve the City and a developer simultaneously where he would have to check his own work or the work of a member of his firm in connection with any subdivision in the City.
“Condominium” means the ownership of a single unit in a multi-unit project together with undivided interest in common in the common areas and facilities of a property as provided by state law.
“Construction” means any work or product which will become the property of the City; i.e., roads, curb and gutter, sidewalks, water works, sewer works, culverts, bridges, fencing, etc.
“Contractor” means the person in charge of construction. He could also be the developer.
“Cul-de-sac” means a minor street having only one outlet being terminated at the other end by a vehicular turnaround.
“Developer” means an individual, group, partnership, corporation, association or any other enterprise that subdivides a parcel(s) of land.
“Driveway” means a private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the lot on which the roadway is located.
“Easement” means the quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public.
“Final plat” means a subdivision map prepared in accordance with the provisions of this title that is accurately surveyed and such survey marked on the ground so that the streets, alleys, blocks, lots and other divisions thereof can be identified and which is designated to be placed on record in the office of the county recorder.
“Improvement district” is as defined by Utah state law.
“Improvements” means work objectives, devices, facilities, or utilities required to be constructed or installed in a subdivision. Such improvements may include but are not limited to water facilities, sewer facilities, sidewalks, curbs and gutters, drainage facilities, streets, trees, street signs, street lights, traffic control or safety devices, fire hydrants and such other facilities or construction required by the subdivision ordinance.
“Inspector” means the authorized inspector or representative of the City Council.
“Lot” means a portion of the subdivision or parcel of land intended for building development or transfer of ownership.
“Master plan” means a long-range general plan that identifies present and future needs of Syracuse City, which outlines growth and development of land within the City and provides for health, general welfare, and safety as outlined in Section 10-9a-401 et seq., Utah Code Annotated 1953, as amended.
“May” is permissive.
“Minor subdivision” means the division of a tract or lot or parcel of land into two, but not more than 10, lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development, wherein all such divisions front on an existing street.
“Open space” shall mean any area within the subdivision that has been designated as open to meet the requirements of development.
“Owner” shall mean and refer to the person, corporation, partnership or other entity in which is vested the fee simple title of the property to be subdivided, unless otherwise clearly indicated, or the owner’s designee.
“Person” means any individual, firm, partnership, associate, entity, institution, or corporation and their heirs, assigns, or agents.
“Planning Commission” shall mean the Syracuse City Planning Commission unless another planning commission is specifically named.
“Preliminary plat” means a map or plan of a proposed land division or subdivision prepared in accordance with the requirements of this title.
“Shall” is mandatory.
“Sketch plan” means a conceptual drawing of the proposed development prepared in accordance with the requirements of this title.
“Specifications” is to be interpreted as rules and regulations.
“Street, arterial” means a street existing or proposed, which serves or is intended to serve as a major traffic way, as a controlled access highway, major street parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.
“Street, local” means a street existing or proposed which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local need of a neighborhood.
“Street, major collector” shall mean a street with a right-of-way of 72 feet, designated in the general plan to carry larger volumes of traffic to arterial streets.
“Street, minor collector” means a street existing or proposed with a 66-foot right-of-way, which carries traffic from local subdivision streets to the major collectors.
“Street, private” means a street or an alley whose ownership has been retained privately.
“Subdivide” and any derivative thereof shall have reference to the term “subdivision” as herein defined.
“Subdivision” means any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. “Subdivision” includes:
(1) The division or development of land whether by deed, metes and bounds description, devices and testacy, lease, map, plat, or other recorded instrument; and
(2) Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
“Subdivision requirements” are those that are adopted by the various governing bodies in the City for the necessary, proper development of a proposed subdivision.
“Walkway” means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind.
“Wetlands” means any area that has the potential to support wildlife and the capability of natural water filtration, whether natural or manmade.
“Zoning” means the most recent zoning ordinances adopted by Syracuse City. [Ord. 21-30 § 1 (Exh. A); Ord. 15-28 § 1 (Exh. A); Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); amended 1997; Code 1971 § 8-2-1.]
8.10.020 General requirements.
(A) Scope. This section defines the general requirements for improvements to be built by the developer.
The improvements shall include all street improvements in front of all lots and along all dedicated streets to the connection with existing improvements of the same kind or to the boundary of the subdivision nearest existing improvements. Layout must provide for future extension to adjacent development and be compatible with the contour of the ground for proper drainage. All water lines, sewer lines, and any other buried conduit shall be installed to the boundary lines of the subdivision.
(B) Standards for Construction Drawings. The following instructions are for the purpose of standardizing the preparation of drawings to obtain uniformity in appearance, clarity, size, and style. All drawings and/or prints shall be clear and legible and conform to good engineering and drafting room practice and shall be prepared by a civil engineer licensed to practice in the state of Utah. Size of drawings shall be 22 inches by 34 inches (trim line) with one-half-inch border on top, bottom and right sides. Left side shall be one and one-half inches.
(1) In general the following shall be included on drawings:
(a) North arrow (plan).
(b) Scale and elevations referenced to City datum.
(c) Stationing and elevations for profiles.
(d) Title block, located in lower right corner of sheet, to include: name of City, project title (subdivision, etc.) and specific type and location of work.
(e) Space for approval signature of City Engineer and date.
(f) Name of engineer or firm preparing drawings with license number, stamp and signature.
(2) Curb and gutter, drains and drainage structures, signing, lighting sidewalks, and street surfacing shall show:
(a) Scale: one inch equals 20 feet or 50 feet horizontal; one inch equals two feet or five feet vertical.
(b) Both plan view and profile. Street centerline.
(c) Stationing and top of curb elevations with curve data must be shown for all curb returns. Show top of curb elevation on both sides on even stations (50 feet station maximum).
(d) Flow direction and type of cross drainage structures at intersections with adequate flow line elevations.
(e) Bench mark location and elevation (use City datum).
(f) Bedding details.
(3) Sewer drawings shall show:
(a) Scale: one inch equals 20 feet or 50 feet horizontal; one inch equals two feet or five feet vertical.
(b) Location, size, and grade of all lines except individual services.
(c) Manhole details, size, location, and flow line elevation.
(d) Type of pipe.
(e) Bench mark location and elevation (use City datum).
(f) Bedding details.
(4) Culinary and secondary water drawings shall show:
(a) Size and location of water mains, valves, hydrants, tees, etc.
(b) Type of pipe.
(c) Minimum cover.
(d) Bedding details.
(5) Each set of plans shall be accompanied by a separate sheet of details for structures which are to be constructed. All structures shall be designed in accordance with minimum requirements established by the Syracuse City subdivision standards.
(a) Drawing size: 22 inches by 34 inches (trim line).
(b) Scale of each detail.
(c) Title block, lower right-hand corner (same format on all sheets), including the name of the subdivision.
(d) Completely dimensioned and described.
(C) Construction and Inspection. No construction of public improvements shall proceed until the final plat has been approved by the City Council and filed for record in the office of the county recorder, except that the City Engineer may conditionally approve the installation of off-site improvements as described in SCC 8.30.030(D). All public improvements shall commence within six months and be completed within one year of the date the final plat was approved, and the City Engineer, or designee, shall inspect the construction as it proceeds. A construction punch list shall be made up by the City Engineer or designee indicating the items missed or needing correction prior to acceptance of the improvements by the City, and all required replacements or repairs shall be completed by the developer, at his expense, prior to acceptance by the City.
(D) As-Built Drawings. At the completion of construction, or at the end of one year, whichever comes first, the City Engineer, or designee, shall make an inspection of all improvements and inform the developer and City Administrator of the results of the inspection. At the completion of construction, the developer shall call for inspection by the City Engineer or designee and said inspection shall be made within 10 days of the request thereof. The developer shall provide the City with record drawings accurately defining for permanent record the surface improvements and underground utilities as they were actually constructed and shall provide one paper copy and one CAD file, which indicates any changes from the original approved final drawings. All sewer and land drain manhole flow lines shall be verified.
(E) Inspection. All construction work involving the installation of improvements in subdivisions shall be subject to inspection by the City Engineer or designee. Certain types of construction shall have continuous inspection, while others shall have periodic inspections. The City may request the services of the special inspectors or testing firms to assist in inspection if it is deemed necessary.
(1) To cover the cost of inspection and management of off-site improvements, the developer shall pay a fee to the City based on the linear feet of improvements installed, the number of building lots in the subdivision, and the average number of hours spent inspecting off-site improvements. Said fee shall be established by resolution of the City Council. Said fee shall be paid prior to recordation of the subdivision plat.
(2) The Community Development Director or his designee shall ensure that all off-site inspections are installed in accordance with approved subdivision standards prior to acceptance by the City.
(3) On construction requiring continuous inspection, no work shall be done except in the presence of the City Inspector. Continuous inspection may occur on the following types of work:
(a) Preparation of street subgrade and compacted fill.
(b) Laying of street surfacing.
(c) Pouring of concrete for curb and gutter, sidewalks, and other structures.
(d) Laying of sewer pipe, drainage pipe, water pipe, valves, hydrants, and testing.
(4) Periodic inspections shall be required on the following:
(a) Street grading and gravel base.
(b) Excavations for curb and gutter and sidewalks.
(c) Excavations for structures.
(d) Trenches for laying pipe.
(e) Forms for curb and gutter, sidewalks, and structures.
(F) Requests for Inspection. Requests for inspections shall be made to the City by the person responsible for construction. Requests for inspection on work requiring continuous inspection shall be made three days prior to the commencing of the work. Notice shall be given one day in advance of the starting of work requiring periodic inspection.
(G) Construction Completion Inspection. An inspection shall be made by the City Inspector after receiving a written document from the developer that all work is completed. Attached to this document the developer’s engineer shall prepare a statement that all sanitary sewers have been tested for exfiltration/infiltration and they have passed the requirements herein.
(H) Guarantee of Work. The developer shall warrant and guarantee (and post bond or other security) that the improvements provided for hereunder, and every part thereof, will remain in good condition for a period of one year after the date of the construction completion inspection report by the City Inspector and shall agree to make all repairs to and maintain the improvements and every part thereof in good condition during that time with no cost to the City.
It is further agreed and understood that the determination for necessity of repairs and maintenance of the work rests with the City Inspector. His decision upon the matter shall be final and binding upon the developer, and the guarantee hereby stipulated shall extend to and include, but shall not be limited to, the entire street base and all pipes, joints, valves, backfill and compaction, as well as the working surface, curbs, gutters, sidewalks, and other accessories that are or may be affected by the construction operations, and whenever, in the judgment of the City Inspector, said work shall be in need of repairs, maintenance, or rebuilding, he shall cause a written notice to be served to the developer, and thereupon the developer shall undertake and complete such repairs, maintenance, or rebuilding. If the developer fails to do so within 10 days from the date of service of such notice, the City Inspector shall have such repairs made, and the cost of such repairs shall be paid by the developer, together with 15 percent in addition thereto as and for stipulated damages for such failure on the part of the developer to make the repairs.
(I) Acceptance of Materials. Material such as, but not limited to, bituminous products, Portland cement, steel, pipe gaskets, joints filler, fire hydrants and other similar commercially produced products will be accepted by the City upon submission by the developer of a supplier certification that the material meets specifications. These materials shall not be incorporated into the project until such certification has been received and approved in writing by the City Inspector.
(J) Samples and Tests. Materials, equipment, and workmanship shall be subject to sampling or testing by the City. At the option of the Inspector, materials shall be subject to tests and inspection before such materials are used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted without charge by the contractor or producer of materials to be used in the work in sufficient quantities or amounts for testing.
All tests of materials furnished by the contractor shall be made in accordance with the commonly recognized standards of national technical organizations and such special methods and tests as are prescribed herein.
(K) General.
(1) Approval of plans and specifications by the City Engineer on a submitted project will extend for a period of six months. If no work has been performed on such project within a period of six months following initial approval, the plans must be resubmitted and become subject to reapproval under the latest City standards and specifications.
(2) Final acceptance of any or all work is contingent upon (a) an on-the-site inspection as the work progresses, (b) a reproducible “as-built” plan having been submitted, and (c) a final inspection of the site.
(3) All utilities, private or publicly owned, shall be placed underground unless otherwise approved or specified by the City. This will include, but not be limited to, telephone, gas, electric power, water, sewer, storm drains, etc. These underground utilities shall be installed before the surfacing of the streets and installation of road base, curb and gutter, sidewalks, etc.
(4) It is the sole responsibility of the contractor to:
(a) Secure any and all permits required for completion of the project.
(b) Provide for the safety and protection of all those engaged in the project, not allowing any unsafe conditions to exist.
(c) Acquire materials and produce workmanship which conforms to the City standards and specifications. Substandard installations and materials are subject to removal and replacement at the contractor’s expense.
(d) Have all work performed in a manner acceptable by the City Inspector.
(5) No project can receive final approval until the workmanship and materials are in compliance with City standards and specifications. This includes accurate and proper placement of survey monuments and acceptable cleanup of area.
(6) All items not mentioned within these standards and specifications related to road work will be performed in accordance with the most recent edition of “State of Utah Standard Specifications for Road and Bridge Construction” by the State Road Commission.
(7) The burden of proof to justify any variance to the standards and specifications contained herein shall be at the expense of the petitioner. Final acceptance will be by the City Engineer.
(8) Adoption of these standards and specifications in no way alleviates the responsibility of the developer to practice good, sound engineering and construction practices in all phases of his work. It is the intent of these standards and specifications to provide uniformity, continuity and eventual lessening of unnecessary maintenance expenses to the City.
(9) Where these standards and specifications are in conflict with adopted City ordinances, the most restrictive will apply.
(10) These standards and specifications are subject to revision, modification, additions or changes without notice, by reference to the subdivision ordinance and approval by the majority of the City Council. [Ord. 14-23 § 1 (Exh. A); Ord. 13-15 § 1; Ord. 13-02 § 1 (Exhibit); Ord. 09-11 § 2; Ord. 08-02 § 31; Ord. 05-12; amended 1997; Code 1971 § 8-2-2.]
8.10.030 Security of performance.
(A) A subdivision plat shall not be recorded until the developer shall have furnished to the City a security of performance, acceptable to the City and as set forth below, in an amount set by the City Engineer and equal to the reasonable value of unfinished improvements required herein. The security of performance required by this section, and at the City’s discretion, may be furnished by any of the following methods:
(1) By providing a surety or cash bond in the amount specified herein and conditioned upon payment by the developer of all expenses incurred for labor or material used in the construction of required improvements.
(2) By depositing the specified amount of cash in a bank account to which the City alone has access, but only in the event it becomes necessary, in order to complete, repair or replace the improvements as set forth below.
(3) By depositing the specified amount of cash in a supervised bank account to which the developer has access, with the approval and signature of the City, which funds shall be used to pay for the subdivision improvements as construction is completed and evidence that no liens have been placed on the construction project. In the event it becomes necessary for the City to foreclose on the security of performance and move to complete, repair or replace the improvements as set forth below, then the City shall have access to said supervised bank account for the purpose of completing, repairing, or replacing improvements without the necessity of obtaining the approval of the developer.
(4) By any other method that is acceptable to the City; provided, that the City’s interests in assuring that the work required herein is paid for, inspected and completed in conformance with City standards are protected.
(B) The security of performance required by this section is to assure the City that all improvements are constructed in conformance with all relevant City ordinances, regulations, and standards, and to assure the City that all expenses incurred for labor or material used in the construction of the same are paid for by the developer. Further, the City shall retain 10 percent of the security of performance guarantee provided by the developer until one year following the final inspection by the City Engineer.
(C) In the event construction of the public improvements is not completed or is not completed in a satisfactory manner one year from the date the final plat was approved by the City Council, the City may proceed to install the improvements in a satisfactory manner at the developer’s expense by foreclosing on the developer’s security of performance held by the City.
In the event the public improvements fail to meet the standards as set forth in the developer’s written guarantee, the City shall so notify the developer who shall be given a reasonable time to repair or otherwise correct as requested. The City may proceed to repair or replace the unsatisfactory improvements at the developer’s expense by foreclosing on any security of performance still held by the City; and, in addition, the City may avail itself of any other remedy provided to it under the laws of the state of Utah and of the City of Syracuse. In addition to any other remedies stated herein, the City shall not approve additional phases for development if the developer has not completed improvements in a satisfactory manner within one year from the date of final plat approval. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 05-12; Code 1971 § 8-2-3.]
8.10.040 Fee payment.
All fee schedules shall be established by the City Council by means of a resolution. Such fee schedules and the periodic adjustments thereof shall be a part of this title by reference (see Resolution R97-3). [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 08-02 § 32; amended 1997; Code 1971 § 8-2-4.]
8.10.050 Parks, open space, and other public spaces.
Location of Parks and Other Public Spaces. The City shall maintain a level of service for community parks of 4.95 acres for every 1,000 population throughout the City in accordance with the adopted Syracuse City, Parks, Trails and Recreation Impact Fee Analysis. The location of parks shall be determined by the City as identified in the Syracuse City General Plan and Park Improvement Plan, as adopted. Developers will be required to work with the City to obtain park property within the development where placement of parks have been identified within the subject development property or area. [Ord. 14-23 § 1 (Exh. A); Ord. 13-18 § 1; Ord. 13-02 § 1 (Exhibit); Ord. 11-10 § 1; Ord. 08-02 § 33; Ord. 02-19; Code 1971 § 8-2-5]
8.10.060 Adjacent streets.
It shall become the responsibility of the developer to complete all of the necessary public improvements on streets adjacent to his proposed development. This shall include reasonable landscaping of park strips, as approved by the City, when a new street placed is adjacent to an existing lot, which becomes a corner lot because of placement of the road. This shall be done at the developer’s sole expense. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 03-25; Code 1971 § 8-2-6.]
8.10.070 Relation to adjoining street systems.
The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas (or their proper protection where adjoining land is not subdivided) at the same or greater width (but in no case less than the required minimum width) unless the variations are deemed necessary by the Planning Commission for public requirements. Stub streets shall be provided in accordance with the Master Street Plan. The developer shall provide stub streets at a minimum of one access every 1,320 feet, or as otherwise necessary for the alignment with existing streets in other developments.
Street access for new subdivisions shall be established by using the AASHTO Traffic Design Manual calculation of seven and one-half seconds of travel time between street accesses onto existing roadways (which calculated would be 385 feet at 35 mph) unless otherwise recommended by the Planning Commission. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Where, in the opinion of the Planning Commission, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. Half streets along the boundary of land proposed for subdivision will not be permitted. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); amended 1999; Code 1971 § 8-2-7.]
8.10.080 Street lights.
The placement of streetlights shall be included as part of the subdivision development. Developers shall be responsible to install, or have installed, streetlights in accordance with adopted construction specifications.
Placement of streetlights shall be at each intersection within the development and at the end of each cul-de-sac, providing that the end of the cul-de-sac is at least 400 feet from the entrance thereof. For cul-de-sac lengths in excess of 400 feet with a dogleg street bend of 45 degrees or greater, the developer shall be responsible to install a streetlight at the dogleg of the cul-de-sac in addition to the streetlight at the end of the cul-de-sac. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-8.]
8.10.090 Irrigation water.
In the City, each acre of irrigable property requires roughly four acre feet (four a.f.) of water annually during normal water years.
(A) Residential Subdivisions. A developer shall convey to the City water rights that have been customarily used on the property to be developed that are usable by and acceptable to the City to provide three a.f. for each acre or part thereof within a residential subdivision. In the event there are no owner water rights on property to be developed, the developer shall obtain, dedicate and convey water shares or water rights acceptable to and usable by the City, or pay a fee in lieu of dedication of water rights or water shares, as provided in this section. Such dedication, conveyance or payment is required prior to recordation of the final plat with the county, as provided in SCC 8.30.030.
(B) Nonresidential Subdivisions. A developer shall convey to the City water rights that have been customarily used on the property to be developed that are usable by and acceptable to the City to provide four a.f. for each irrigable acre or part thereof within a nonresidential subdivision. In the event there are no owner water rights on property to be developed, the developer shall pay a fee in lieu of dedication or obtain, dedicate and convey water shares, or water rights acceptable to and usable by the City, as provided in this section. Such dedication, conveyance or payment is required prior to recordation of the final plat with the county, as provided in SCC 8.30.030. The developer is not required to convey water rights for acreage of asphalt or other nonpermeable surfaces.
(C) Exceptions for Redevelopment of Property. Notwithstanding subsections (A) and (B) of this section, if the proposed subdivision is on one or more currently landscaped lots, the City Council will waive conveyance of water rights if the developer establishes by clear and convincing evidence that:
(1) Water rights acceptable and usable by the City were previously conveyed as a condition of a prior subdivision approval which included that property; or
(2) The City’s secondary water system is already serving the currently landscaped lot(s), and the proposed subdivision will decrease the current burden on the City’s secondary water system.
(D) Exceptions for Residential Subdivisions. The City Engineer may accept reduced water rights, water shares, or payment of a fee in lieu of dedication for residential subdivisions in the following circumstances:
(1) Manmade lakes and ponds to be constructed as part of the subdivision under the following conditions:
(a) Lake(s) or pond(s) must be one acre in size or greater measured at the design water surface elevation;
(b) Lake(s) or pond(s) shall be designated as open space and shall be preserved and maintained by a homeowners’ association in compliance with this code;
(c) City culinary and secondary water systems shall not be used to fill or maintain water level of lake(s) or pond(s);
(d) Developer shall provide proof of construction approval from applicable agencies and water rights sufficient to maintain designed mean water elevation; and
(e) In the event that the homeowners’ association seeks to convert the lake(s) or pond(s) to an alternate use, sufficient water shares shall be submitted to the City prior to any approval of conversion.
(2) Preserved wetlands, under the following conditions:
(a) Wetlands must occur naturally, or have been in existence for at least 10 years;
(b) Wetland area calculation shall be rounded down to the nearest one-half acre; and
(c) Wetlands that are mitigated or filled in are not eligible for exemption under this subsection.
(E) Dedication and Conveyances of Water Rights and Water Shares to Cease Upon Determination of Excess Water Supply. At least every 10 years the Public Works Director shall determine whether the City’s existing available water holdings exceed the water holdings needed to meet the reasonable future water requirement of the City in the next 40 years by the public within the City’s projected service area based on projected population growth and other water use demand (“reasonable future water requirements”). Should the Public Works Director conclude that available water holdings exceed the reasonable future water requirements of the public, the Public Works Director shall notify the City Council and the City Council shall act to cease dedication and conveyance of water shares and water rights according to this section until existing available water holdings no longer exceed the reasonable future water requirements.
(F) Ineligible Shares. Shares in water companies are not acceptable to the City for purposes of subsections (A) and (B) of this section if they:
(1) Are shares in a water company that does not physically deliver water within Syracuse City, as determined by the City Engineer;
(2) Do not entitle the shareholder to receive a certain amount of water, or only provide for transportation or conveyance of water; or
(3) The water company does not transfer the shares to the City on the books and records of the water company to show the City as the shareholder or the water company does not issue a new share certificate showing the City as the owner of the shares transferred.
(G) Ineligible Water Rights. Water rights are not acceptable to the City for the purposes of subsections (A) and (B) of this section if:
(1) The City does not receive good and insurable title to the water rights as determined in the sole discretion of the City and a policy of water title insurance insuring the City’s title to the water rights; or
(2) Any final and nonappealable administrative approval necessary for the City to utilize and beneficially use the water under the water right, in the City’s secondary water system, has not been issued by the State Engineer of Utah.
(H) Option for Fee in Lieu of Dedication. At the developer’s option, for projects for which preliminary plat approval or commercial site plan approval was received prior to March 15, 2022, the developer may provide a payment of a fee in lieu of dedicating and conveying water rights or water shares as a project improvement, in satisfaction of up to 50 percent of the shares or rights required by subsection (A) or (B) of this section, as applicable, only if all the following circumstances are applicable:
(1) The City has a contract in place with a water supplier for delivery of irrigation water on an ongoing basis that allows the City to upon request increase the water purchased from that supplier in an amount equal or greater than the water dedication and conveyance being replaced by the payment of the fee in lieu, subject to the payment of annual assessments to the water supplier;
(2) The amount of the fee in lieu shall be calculated by multiplying the number of a.f. for which the fee in lieu is being paid by the rate per a.f. charged by the water supplier; and
(3) All water rights or water shares associated with or used by the land under development are being dedicated to the City, there are insufficient water rights or shares associated with the historic water use on the parcel, and the developer presents evidence demonstrating that water rights previously associated with or utilized for the land or the landowner have not been sold during the previous five years.
(I) Option for Fee in Lieu of Dedication Beginning March 15, 2022. Projects for which preliminary plat or commercial site plan approval was received after March 15, 2022, may provide payment of a fee in lieu of dedicating and conveying water rights or water shares as a project improvement, in satisfaction of up to 33 percent of the shares or rights required by subsection (A) or (B) of this section, as applicable, only if the circumstances listed in subsections (H)(1) through (3) of this section are all applicable.
(J) Contest of Calculated Fee in Lieu. An applicant may contest the calculated fee in lieu to the City Council by bringing evidence that the market rate for shares that would otherwise be dedicated is not roughly equivalent to the calculated fee. The Council, if it finds by a preponderance of the evidence that the fee is not roughly equivalent, may thereafter reduce the fee to one that is roughly equivalent to the market share price. [Ord. 24-02 § 1; Ord. 22-06A § 1 (Exh. A); Ord. 20-07 § 1 (Exh. A); Ord. 14-23 § 1 (Exh. A); Ord. 13-07 § 1; Ord. 13-02 § 1 (Exhibit); Ord. 12-25 § 1; Ord. 04-23; Code 1971 § 8-2-9.]
8.10.100 Extension of public work facilities.
The extensions of any City public works facilities, including but not limited to roads, bridges, storm drains, water mains, sewer lines, and secondary water systems, shall be installed by the developer of any subdivision. There shall be no consideration or return to the developer within this area. The City, however, will consider cost sharing on any water or sewer lines in excess of eight inches in diameter in the event the City desires to participate for future planning purposes. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-10.]
8.10.110 Second access required.
Providing for emergency response, all subdivisions having more than 35 homes shall have a minimum of two ingress/egress roads, except that other acceptable alternatives for emergency accesses can be made and approved by both the Planning Commission and City Council. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 05-12; Code 1971 § 8-2-11.]
8.10.120 Mandatory use of City water, secondary water and sewer systems.
All subdivisions located within the corporate boundaries of the City of Syracuse shall be required to connect to the water and sewer systems of the City, in accordance with the provisions of SCC Title 4, any ordinance or resolution to the contrary notwithstanding. The City Council hereby expressly finds the requirements of this section and SCC 8.10.090 to be in the best interests of the City and to promote the public health, safety, and general welfare of the residents thereof. [Ord. 23-09 § 1 (Exh. A); Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-12.]
8.10.130 Appeals.
Any applicant, member of the Planning Commission and/or property owner within 1,000 feet of proposed subdivision property shall have the right to appeal the action of the Planning Commission to the City within five days of the date of such action. Any action taken and not appealed within said five days shall be final. When a written appeal is received by the City within five days of the time the action was taken, the City will publish notice of an appeal hearing 15 days prior to the scheduled date by posting the notice thereof at three public places within the City. Action by the City Council will be final. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-13.]
8.10.140 Written agreements.
When and as written agreements are deemed to be necessary for the protection and understanding of all parties concerned, then they shall be entered into by all parties concerned, i.e., to cover areas of concern not specifically addressed by the subdivision ordinance or other requirements of the City, and shall be submitted with the final plats to the Planning Commission and the City Council.
(A) Payback Agreement.
(1) The City may enter into a payback agreement with a developer who installs improvements or facilities for water, secondary water, land drains, storm sewer, roads, or parks, where the improvements installed extend, expand, or improve the City’s water, secondary water, land drains, sewer, storm sewer, roads, or parks, beyond the improvements required to service or benefit the subdivision or development proposed by the developer or where a developer installs improvements due to the layout or ownership of the land that benefit another landowner or developer who would or should in equity normally pay a portion of the improvements. The payback agreement is not mandatory, but may be used at the option of the City upon approval of the payback agreement by the City Council.
(2) The dollar amount of the payback to the developer shall be solely determined by the City under the direction of the City Engineer after consideration of the portion of the improvements or facilities installed that benefit the developer’s development, and the portion of the improvements or facilities that are specifically oversized or installed to provide for future development or benefit other landowners or future developers.
(3) The City shall, in all cases, be immune and not liable for any payments to the developer if the payback agreement is determined to be unenforceable or if the City is not able to collect from future developers. At the time a payback agreement is entered into with a developer, the City shall record a notice against the benefited property with the county recorder’s office, which notice shall inform the benefited landowners that at such time as they develop the benefited property they will be required to pay for a portion of the improvements previously installed.
(4) The payback agreement shall not confer a benefit upon any third party and shall be in a form approved by the City Administrator or his designee. The responsibility for payment of the required improvements or facilities shall rest entirely with the developer.
(5) The payback agreement shall expire 10 years from the date of the payback agreement or at such time as the developer has recovered the costs specified in the payback agreement, whichever comes first.
(6) If any part of this title is found to be invalid by a court of competent jurisdiction, or if the Legislature of the state of Utah should pass a law which would invalidate any portion of this title, all parties to the payback agreement shall be released from further responsibility thereunder and shall be relieved from any and all responsibility thereunder. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 09-11 § 2; Code 1971 § 8-2-14.]
8.10.150 Guidelines and checklists.
The City is hereby authorized and empowered to promulgate by way of resolution certain guidelines and/or checklists relative to this title. These materials shall be provided to any interested person upon request and upon payment of a fee specified by the City. These materials shall be for instructional purposes only and represent an attempt to aid those seeking to comply with this title. In the event any conflict arises between such guidelines and this title or other regulations, resolutions or policies of the City, then said ordinances, resolutions, regulations, or policies shall be deemed controlling and all questions shall be resolved in their favor. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 08-02 § 34; amended 1997; Code 1971 § 8-2-15.]
8.10.160 Fees and recording.
(A) Utility connection fees and service assessments will be the established rate at the time application is made.
(B) Recording fees will be the established rate at the time recording is made. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-16.]
8.10.170 Issuance of building permit.
(A) The following requirements shall be met prior to issuance of any building permit within a subdivision:
(1) All required fencing installed as a condition of subdivision approval in compliance with Syracuse City zoning ordinance;
(2) All water and sewer and drainage systems installed, inspected and tested;
(3) All curb and gutter installed;
(4) A minimum of eight inches of road base in place and graded;
(5) All lots within the subdivision rough graded so that weeds and other vegetation can be maintained by the contractor.
(B) Contractors will be responsible to see that all construction materials and/or debris are continuously secured or removed from construction site in accordance with Chapter 6.10 SCC, Property Maintenance Regulations. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-17.]
8.10.180 Occupancy of a dwelling.
All structures used for the purpose of residential dwelling shall meet the following guidelines prior to occupancy:
(A) All underground off-site improvements properly installed and operational as approved by Syracuse City.
(B) All required asphalt or concrete hard surface roadway installed and completed throughout the entire phase in which the dwelling is located in accordance with Syracuse City design standards. In the event that hard surface paving cannot be properly installed due to weather related circumstances, the developer may petition the City Council for conditional occupancy providing the following guidelines are met:
(1) Roadbase installed in accordance with Syracuse City design standards.
(2) Developer must maintain all roadbase surfaces providing for adequate vehicular accessibility. The developer shall provide for services which will not be available due to the absence of paving.
(3) Required asphalt or concrete hard surface roadway shall be installed and completed as soon as weather related circumstances change or as directed by Syracuse City. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-18.]
8.10.190 Subdivision phases.
A subdivision containing more than 36 lots shall be planned in subsequent phases and must follow the following requirements:
(A) The preliminary plan must show the placement, numbering and boundaries of the phases within the subdivision.
(B) Any future alteration or deviation from the original preliminary plan will require the submittal of an amended preliminary plan.
(C) Design of each phase must be consistent with Syracuse City’s general plan and this title.
(D) Phases must be completed in such a manner as to provide sufficient services to existing and future development.
(E) Phase and lot numbering must be sequential and consistent to that approved in the preliminary plan. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-19.]
8.10.200 Residential driveways.
The arrangement of residential driveways on proposed subdivision lots fronting a collector or arterial street will be directed by the City Planning Commission. Driveways fronting collector or arterial streets will be constructed to allow semi-circular, pull-through, or hammerhead pull-out residential driveways. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); Ord. 02-19; Code 1971 § 8-2-20.]
8.10.210 Severability.
If any provision of this chapter or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter which can be given independent effect. To this end, the provisions of this chapter are severable. [Ord. 14-23 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit).]