Chapter 16.05
SUBDIVISIONS ORDINANCE

Sections:

16.05.010    General.

16.05.020    Scope.

16.05.030    Definitions.

16.05.035    Conceptual approval process.

16.05.040    Preliminary plat process.

16.05.050    Preliminary plat requirements.

16.05.060    Final approval process.

16.05.070    Final plat requirements.

16.05.080    Final plan and profile requirements.

16.05.085    Single-lot subdivisions and existing building lots.

16.05.086    Exemptions from plat requirements.

16.05.090    Subdivision standards.

16.05.100    Subdivision improvements required.

16.05.110    Developers agreement.

16.05.120    Guarantee of improvements.

16.05.130    Fees.

16.05.140    Flag lots.

16.05.010 General.

A. The underlying purpose and intent of this title is to promote the health, safety, convenience and general welfare of the inhabitants of West Point City in the matter of subdivision of land and related matters affected by such subdivision.

B. Any proposed subdivision and its ultimate use shall be in the best interest of the public welfare and shall be in harmony with good neighborhood development of the area concerned and the subdivider shall present evidence to this effect when requested to do so by the planning commission.

C. In cases where unusual topographical or other exceptional conditions exist, variations and exceptions from this title may be made by the city council after recommendation by the planning commission and/or the city engineer. [Ord. 02-03-2009 § 2].

16.05.020 Scope.

A. No person shall subdivide any tract of land which is wholly or in part in the city except in compliance with this title.

B. No person shall sell or exchange or offer to sell or exchange any parcel of land which is a part of a subdivision of a larger tract of land, nor offer for recording in the office of the county recorder any deed conveying such a parcel of land, or any interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this title.

C. All lots, plots, or tracts of land located within a subdivision shall be subject to this title regardless of whether or not the tract is owned by the subdivider or a subsequent purchaser, transferor, or holder of the land. [Ord. 02-03-2009 § 2].

16.05.030 Definitions.

The following words and phrases used in this title shall have the respective meanings hereafter set forth, unless a different meaning clearly appears from the context:

“Adjacent landowner” means any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.

“Alley” means a public thoroughfare less than 20 feet wide.

“Applicant” means the owner of land proposed to be subdivided or such owner’s duly authorized agent. Any agent must have written authorization from the owner.

“Block” means the land surrounded by streets and other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision plat.

“Board of adjustment” means a body appointed by the West Point city council for the purpose of hearing appeals.

“Bona fide division or partition of land for agricultural purposes” shall mean the division of a parcel of land into two or more lots none of which is less than five acres in area, and where no dedication of any street is required to serve any such lots or parcels of land so created.

“City” means West Point City, Utah.

“City council” means the city council of West Point City, Utah.

“City engineer” means the city engineer of West Point City, Utah, or a consulting engineering firm designated as the city engineer by the city council.

“City planner” means the professional planner of West Point City, Utah, or person designated as such by the West Point city council.

“City staff” means city manager, public works director, engineer, planner, attorney, and building official.

“Community development department” means that department of the city authorized by the city to oversee the planning administrator, the zoning administrator and the building inspector.

“Community development director” means the person appointed by the city to perform the duties and responsibilities of community development director, as defined by city ordinances and resolutions.

“Concept plan” means a sketch or concept drawing prior to the preliminary plat for subdivisions to enable the subdivider to reach general agreement with the planning commission as to the form of the plat and the objectives of these regulations and to receive guidance as to the requirements for subdivisions within the city.

“County” means Davis County, Utah.

“Dedication” means land set aside by an owner for any general and public uses, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereof.

“Developer” means any person who undertakes to develop land, including subdividers.

“Development” means the improvement of any tract, lot, or parcel of land by construction thereon.

“Easement” means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner or owners of said property or properties. The easement may be for use under, on, or above said lot or lots.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county recorder and in compliance with all the requirements set forth in this title and adopted pursuant thereto.

“Flag lot” means a lot that has been approved by the city with access provided to the bulk of the lot by means of a narrow corridor.

“General plan” means a plan, labeled “General Plan of West Point City,” including maps or reports or both, which has been approved by the city council as required by law, or such plan as it may be amended from time to time and so certified to the city council.

“Lot” means a parcel of land comprising a unit within a subdivision or a unit of land for building development or transfer of ownership together with such yards, open spaces, lot width and area as required by the zoning ordinance of West Point City having frontage upon a street or upon a right-of-way.

“Lot right-of-way” means a strip of land of not less than 20 feet wide connecting a lot to a street for use as private access to that lot.

“Master street plan” means that portion of the general plan which defines the future alignments of streets and their rights-of-way, including maps or reports or both.

“Official zoning map” means a zoning map adopted by the city council pursuant to the provisions of Section 10-9-23, Utah Code Annotated 1953, as amended.

“Off-site” means outside the boundaries of a specific parcel of land being developed or considered for development.

“On-site” means within a parcel of land owned by a private citizen or by a private legal entity.

“Owner” means the owner if fee simple of real property as shown in the records of the Davis County recorder’s office and includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, trust, private corporation, limited liability company, public or quasi-public corporation, other entities authorized by the state of Utah, or any combination of any of the foregoing.

“Parcel of land” means a contiguous quantity of land in the possession of, owned by, or recorded as the property of the same owner or person.

“Person” means any individual, corporation, partnership, limited liability company, or partnership, firm, or association of individuals however styled or designated.

“Planning commission” means the West Point City planning commission.

“Plat” means a map or depiction of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, and streets, or other divisions and dedications.

“Preliminary plat” means the initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this title.

“Protection strip” means a strip of land bordering both the boundary of a subdivision and a street within the subdivision for the purpose of controlling the access of property owners abutting the subdivision to the street.

“Public improvements” means streets, curbs, gutters, sidewalks, water and sewer lines, storm sewers, and other similar facilities which are required to be dedicated to the city in connection with subdivision, conditional use, or site plan approval.

“Secondary water system” means any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers, and other nonculinary uses.

“Security” means an escrow agreement, irrevocable letter of credit, or other security instrument given by the developer to ensure the proper installation of public improvements.

“Street” means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than 20 feet wide which has been made public by right of use and which affords the principal access to the abutting property.

“Street, arterial” means a street, existing or proposed, which serves or is intended to serve as a major traffic way, and is designated on the general plan 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, collector” means a street, existing or proposed, which is the main means of access to an arterial street system.

“Street, cul-de-sac” means a minor terminal street provided with a turnaround.

“Street, private” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street.

“Street, residential” means a street, existing or proposed, which is supplementary to a collector street and which serves or is intended to serve the local needs of a neighborhood.

“Subdivider” means any person who undertakes to create a subdivision.

“Subdivision” means any land that is divided, re-subdivided or proposed to be subdivided into two or more lots, parcels, sites, units, plots, or other division of land for the immediate or future offer of sale, sale, lease, or development either on the installment plan or upon any and all other plans, terms and conditions. Subdivision includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

“Zoning ordinance” means the zoning ordinance of West Point City. [Ord. 02-03-2009 § 2].

16.05.035 Conceptual approval process.

A concept plan shall be required of all subdividers. Concept plan review provides the subdivider with an opportunity to consult with and receive assistance from the city regarding the regulations and design requirements applicable to the proposed subdivision of property. The applicant or applicant’s duly authorized agent shall submit an application to the community development department for subdivision concept plan review in accordance with the provisions of this chapter.

A. The subdivider shall submit three copies of the proposed subdivision concept plan to the city community development department. The proposed concept plan shall include the following items:

1. The proposed name of the subdivision.

2. A vicinity plan showing significant natural and manmade features on the site and within 500 feet of any portion of it; the names of adjacent property owners; topographic contours at no greater interval than five feet; and north arrow.

3. A proposed lot and street layout.

4. The total acreage of the entire tract proposed for subdivision.

5. Proposed changes to existing zoning district boundaries or zoning classifications or conditional use permits, if any.

6. The conceptual plan shall indicate which land drainage area the property is located in as set forth in Chapter 15.16 WPCC. The conceptual plan shall also state whether basements are allowed and whether a land drain is required, based upon the land drain map.

B. The community development department, upon receipt of the complete submission, shall distribute copies of the plan to such government departments and other agencies or advisors as in the opinion of the department or the planning commission may contribute to a decision in the best interest of the public.

C. The planning commission shall review each concept plan submitted.

1. At the time and place specified, the planning commission shall review the submitted concept plan for compliance with the city’s master plan, zoning ordinance, this title, and other appropriate regulations. The planning commission may accept or reject the proposed concept plan and may make findings and recommendations regarding the submitted concept plan, specifying any inadequacy in the information submitted, noncompliance with city regulations, or questionable or undesirable design and/or engineering. Alternatively, the planning commission may refer the concept plan to the city council for its review and acceptance or rejection.

2. The planning commission may require additional information, data or studies to be provided to the planning commission by the subdivider for the overall development before acceptance, rejection or referral is made by the planning commission regarding the proposed concept plan.

3. Acceptance of a proposed concept plan by the planning commission, or the city council, as applicable, shall not constitute an absolute approval or disapproval of the proposed subdivision, but is intended to give the subdivider general guidance as to the requirements and constraints for subdivider’s proposed subdivision within the city.

D. Once a concept plan has been accepted by the planning commission, or the city council if the concept plan was referred to the city council by the planning commission for review as provided herein, the subdivider may apply for preliminary plat approval consistent with the concept plan. If preliminary plat approval for any portion of an accepted concept plan has not been obtained within 12 months of the date on which the concept plan was accepted, a resubmittal and reacceptance of the concept plan may be required by the planning commission or the city council prior to the filing of an application for preliminary plat approval. [Ord. 08-16-2011 § 1; Ord. 02-03-2009 § 2].

16.05.040 Preliminary plat process.

A. The subdivider meets with the planning and public works directors or their designees to verify subdivision requirements and explain development approval process and infrastructure needs.

B. Subdivider presents conceptual plan to the planning commission. This may include a site visit by the planning commission.

C. The subdivider pays the preliminary plat fee at the city office.

D. The subdivider submits the following to the planning director:

1. Four copies of the preliminary plat prepared by a registered engineer or surveyor and supporting documents as specified in WPCC 16.05.050.

2. A copy of the preliminary plat fee receipt.

3. A copy of the preliminary title report.

E. If a state highway is involved, the subdivider provides written evidence to the planning director of pre-approval of access, curbs, gutters, and sidewalks by the Utah Department of Transportation.

F. If the subdivision falls within the boundaries of the Hooper Water Improvement District, a letter must be submitted to the city indicating from Hooper Water of availability of culinary water and ability to meet fire flow requirements.

G. A preliminary plat shall be prepared in conformance with the standards, rules and regulations contained herein and a sufficient number of copies shall be submitted to city staff for recommendations. Ten working days must be allowed for completion of staff review for each submittal or resubmittal. The necessity for a resubmittal will be determined by city staff.

H. The planning commission chairman places the item on the agenda, with the subdivider being notified of its placement on the agenda.

I. The planning commission will meet, review, and approve or disapprove the preliminary plat. If approved, the planning commission shall express its written approval with whatever conditions are attached and by returning one approved copy of the preliminary plat to the subdivider. If the preliminary plat is disapproved, the planning commission shall indicate its disapproval in writing and reasons therefor by similarly signed copies. [Ord. 02-03-2009 § 2].

16.05.050 Preliminary plat requirements.

The preliminary plat shall be drawn to a scale not smaller than 100 feet to the inch, and shall be on standard 19-inch by 30-inch paper. The plat and attached documentation shall show the following:

A. The proposed name of the subdivision. (There shall be no duplication of subdivision names within the county.)

B. Its location as forming a part of a larger tract or parcel, where the plat submitted covers only a part of the subdivider’s tract or only a part of a larger vacant area. In such case, a sketch of the prospective future street system of the unplatted parts shall be submitted and the street system of the part submitted shall be considered in the light of adjustments and connections with the future street system of the larger area.

C. Sufficient information to locate accurately the property shown on the plat, including a clearly defined basis of bearing for the survey as well as the date of the survey. The nearest section corner tie must be shown.

D. The names and addresses of the subdivider, the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided.

E. Contour map at intervals of two feet, five feet, or 10 feet as determined by the city engineer.

F. The boundary lines of the tract to be subdivided, including total acreage proposed for subdivision.

G. The location, widths, and other dimensions of all existing or platted streets and other important features such as easements, railroad lines, power lines, watercourses (including irrigation canals, ditches, and field drains), exceptional topography, bridges and buildings within or immediately adjacent to the tract to be subdivided.

H. Existing sewers, field drains, water mains, culverts, irrigation ditches, or other underground facilities within the tract and to a distance of at least 100 feet beyond the tract boundaries, indicating pipe size, grades, manholes and exact location.

I. Existing ditches, canals, natural drainage channels, open waterways, and proposed alignments within the tract and to a distance of at least 100 feet beyond the tract boundaries.

J. Show locations of proposed sewers, land drains, water mains, culverts and other underground facilities to be constructed as part of the proposed development.

K. Flood hazard boundaries, if applicable.

L. The location, widths and other dimensions of proposed public streets, private streets or private access rights-of-way, alleys, utility easements, parks, other open spaces and lots, with proper labeling of spaces to be dedicated to the public, or designated as private streets or private access rights-of-way.

M. Buffer zones where noncompatible uses adjoin a proposed subdivision.

N. North point, scale and date.

O. The proposed layout, dimension, and number of each lot.

P. A statement of the existing zoning and conformance with the general plan.

Q. A preliminary storm drainage study, with schematic solutions and the associated calculations, as required per the city engineer.

R. A written statement from the Army Corps of Engineers regarding wetlands mitigation, if applicable.

S. Appropriate ingress and egress to state highways or roads.

T. A storm water pollution prevention plan that complies with the requirements of Chapter 13.30 WPCC.

U. The boundaries of the North Legacy Parkway as it is placed by the general plan. The boundaries of the entire corridor shall be clearly and obviously demarcated on the plat if the corridor is located anywhere on the property or if it lies adjacent to any property lines.

V. The preliminary plan shall indicate which land drainage area the property is located in as set forth in Chapter 15.16 WPCC. The preliminary plan shall also state whether basements are allowed and whether a land drain is required, based upon the land drain map. The plan shall also clearly indicate the location of the land drain pipes and the proposed discharge location. [Ord. 08-16-2011 § 1; Ord. 02-03-2009 § 2].

16.05.060 Final approval process.

A. Approval of the preliminary plat shall be authorization for the subdivider to proceed with the preparation of the final plat and construction drawings.

B. The subdivider will comply with any further conditions determined by the planning commission. All corrections must be approved and finalized by city staff prior to a final meeting with the planning commission.

C. Approval of the preliminary plat by the planning commission shall be valid for a maximum period of 12 months after approval unless, upon application of the subdivider, the planning commission grants an extension. The planning commission may grant a maximum of a one-time extension of no more than one year. If the final plat has not been submitted within 12 months or an extension approved, then the preliminary plat must again be submitted to the planning commission for reapproval.

D. No large-scale excavation, grading or re-grading as determined by the city engineer shall take place on any land for which a preliminary subdivision plat has been submitted until the final plat has been given final approval.

E. The subdivider pays the final plat fee at the city office.

F. The subdivider submits four copies of the tentative final plat to the planning department. The tentative final plat is checked for compliance and one copy is returned to the subdivider.

G. The subdivider submits copies of the final plat to jurisdictions listed on the West Point jurisdictional submission checklist. This list includes secondary irrigation provider, culinary water provider, UDOT, U.S. Post Office, North Davis Sewer District, and fire service provider. Jurisdictional/service provider reviews plat and returns approvals or reasons of disapproval to subdivider within 15 days of receipt of final plat.

H. The subdivider must submit to the city signed jurisdiction approvals using the West Point jurisdictional acknowledgment forms. Disapprovals by the jurisdictions may be appealed to the city council. The city council may grant approvals if disapproval is deemed unreasonable or arbitrary.

I. The subdivider also submits the following to the planning department:

1. Four copies of cross sections and profiles of the streets and all other construction drawings related to all of the improvements to be constructed within the subdivision. All such drawings and materials must be signed and stamped by a registered professional engineer.

2. Copy of final plat fee receipt.

3. A letter of certification by the subdivider’s engineer, indicating that all lots meet the requirements of the zoning ordinance.

4. A cost estimate for improvements.

J. City staff will review the documents and make recommendations. Ten working days will be required for completion of staff review for each submittal or resubmittal. One copy of the documents will be returned to the subdivider. Upon completion of staff review and at least seven working days before the planning commission meeting, the planning commission chairperson will place the item on the planning commission agenda and the subdivider will be notified by the planning director in writing of placement on the agenda.

K. The city engineer will review and approve the final plat with storm drainage, streets, and utilities, and will provide addresses for lots. The city engineer will provide addresses for the lots on the final plat. The city engineer shall notify the planning director if the plat is acceptable.

L. The subdivider’s engineer submits cost estimates for review by the city engineer and the subdivider submits a title report, submitting both to the planning director.

M. The city engineer will review the cost estimate for improvements and shall notify the planning director and the subdivider if the estimate is acceptable.

N. The planning commission will meet and review the final plat. The subdivider or agent must attend and present the plat.

O. If approval is given, the final plat will be signed by the planning commission chairman and forwarded to the city council. Approval of the final plat by the planning commission shall be valid for a maximum period of 12 months after approval unless, upon application of the subdivider, the planning commission grants an extension. If the final plat has not been submitted within 12 months or an extension approved, then the preliminary plat must again be submitted to the planning commission for reapproval. Any code changes made since the preliminary approval was granted shall apply to the new preliminary plat. If disapproved, the planning commission will provide written reason for disapproval to the subdivider.

P. The planning director will request the city manager five days prior to the next council meeting, in consultation with the mayor, to place the item on the council agenda when final corrections are made to the plat and approved by staff. The planning director will notify the subdivider in writing of placement of the item on the agenda.

Q. The city council will meet and consider the final plat. The subdivider or agent must meet with the council and discuss the plat. The city council may refer the project back to the subdivider to address contingencies and/or concerns.

R. If the city council approves the final plat, the subdivider will then have a Mylar copy of the plat prepared, that is signed and stamped by a registered professional land surveyor. The Mylar shall be signed by the city engineer.

S. If the city council approves the final plat, the subdivider, contractors and other representatives meet with city staff in a preconstruction conference. The subdivider may then, at his own expense, install all improvements prior to recording the final plat or guarantee the installation of such improvements provided in WPCC 16.05.120 according to the specifications and under the inspection of the city, provided all inspection fees are paid.

T. If guarantees of the installation of improvement are needed or required, the subdivider submits the following to the planning director for review by the city attorney:

1. Guarantee of improvements.

2. Escrow.

3. Warranty bond.

4. Other agreements as required.

U. The city attorney will review the documents submitted to ensure adequacy, and sign the plat when approved.

V. The subdivider must then pay the recording fees (including any outstanding fees) at City Hall.

W. When the requirements above are met, the final plat will be signed by the mayor and city recorder.

X. The city recorder will then have the final plat recorded at the office of the Davis County recorder.

Y. Any final plat, not so approved and signed, or which shall not be offered for recording within one year after the date of final approval, shall not be recorded or received for recording and shall have no validity. A one-time/one-year extension can be granted by the city council. If the final plat has not been recorded within 12 months or an extension approved, then the preliminary plat must again be submitted to the planning commission for reapproval. Any code changes made since the original preliminary approval was granted shall apply to the new preliminary plat.

Z. When necessary, copies of any agreements with adjacent property owners relevant to the proposed subdivision shall be presented to the planning commission. [Ord. 02-03-2009 § 2].

16.05.070 Final plat requirements.

The final plat shall consist of a sheet of approved tracing linen or Mylar, to the outside trim dimensions of 19 inches by 30 inches, and the border of the plat shall be drawn in heavy lines leaving a space of at least one-half-inch margin on all four sides of the sheet. The plat shall be so drawn that the top of the sheet faces either north or west, whichever accommodates the drawing best. All lines, dimensions and markings shall be made on the tracing linen with approved waterproof black “India Drawing Ink.” The plat shall be made to scale large enough to clearly show all details, in any case not smaller than 100 feet to the inch, and the workmanship on the finished drawings shall be neat, clean cut, and readable. The plat shall be signed by all parties duly authorized and required to sign, and shall contain the following information:

A. A subdivision name, approved by the county recorder and the general location of the subdivision, in bold letters at the top of the sheet.

B. A north point and scale of the drawing, and the date.

C. Accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision, properly tied to public survey monuments. These lines should be slightly heavier than street and lot lines.

D. The names, widths, lengths, bearings and curve data on centerlines of proposed streets, alleys and easements; also the boundaries, bearings, and dimensions of all portions within the subdivision as intended to be dedicated to the use of the public; the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the subdivision. All lots are to be numbered consecutively under a definite system approved by the planning commission. All proposed streets shall be numbered consecutively under a definite system approved by the city.

E. Proposed construction of permanent fencing along appropriate subdivision boundaries as determined by the planning commission. The fencing shall be as indicated in the subdivision improvements.

F. Parcels of land to be dedicated as public parks or to be permanently reserved for private common open space shall also be titled “Public Park” or “Private Common Open Space,” whichever is applicable.

G. The standard forms approved by the planning commission for all subdivision plats lettered for the following:

1. Description of land to be included in the subdivision.

2. Registered land surveyor’s certificate of survey.

3. Owner’s dedication certificate.

4. Notary public’s acknowledgment.

5. City planning commission’s certificate of approval.

6. City engineer’s certificate of approval.

7. City attorney’s certificate of approval.

8. City council certificate of acceptance attested by the city recorder.

H. A three-inch by three-inch space in the lower right-hand corner of the drawing for recording information.

I. The subdivider shall furnish three complete sets of reproducible final construction drawings.

J. A storm water pollution protection plan that complies with the requirements of Chapter 13.30 WPCC. [Ord. 02-03-2009 § 2].

16.05.080 Final plan and profile requirements.

Plan and profile drawings must be prepared by a licensed engineer in accordance with the requirements of this title. Copies of the plan and profile drawings (number to be determined by the city) shall be submitted on standard 24-inch by 36-inch and 11-inch by 17-inch sized paper.

General information required:

A. Plan for Culinary Water Improvements. Show proposed water main sizes, valves, fire hydrants, and service connections to all lots within the proposed subdivision and connections to existing water mains.

B. Plan for Secondary Water Improvements. Show proposed secondary water main sizes, valves, and service connections to all lots within the proposed subdivision and connections to existing secondary water lines.

C. Plan for Sanitary Sewer. Show proposed sewer mains and manholes, together with proposed slopes and depths within the proposed subdivision. Also show location of service laterals to each lot within the subdivision.

D. Land Drain. Show method of dealing with land drains and subsurface water drains within the proposed development. If applicable, indicate location of any service connections and service manholes within the subdivision.

1. Land drains will be required according to Chapter 15.16 WPCC.

E. Storm Water. Show location and size of storm water drains, together with any manholes or drop boxes within the subdivision. Show slope and grade of all storm drain lines. Show location and size of all storm water detention basins. Storm water calculations need to accompany drawings for engineer review.

F. Streets. Typical cross section of road improvements, together with flow line of proposed curb and gutter improvements as compared with existing ground slopes and centerline offsets of all proposed utilities.

G. Drainage and Grading Plan. Show existing and proposed contours of the entire site along with proposed elevations of all corners of each lot. The plan must clearly indicate that each lot will drain to the street or to a storm water collection box without discharging water to an adjacent lot or property, unless a drainage easement is provided. Storm water shall not be detained in rear yards. If the grading plan will not allow water to properly drain from the rear yard, then a storm drain/land drain pipe and collection box(es) shall be installed to convey the water to an approved storm drain. Surface drainage paths shall have a minimum of two percent slope.

H. Stationing. Stationing callouts should conform with acceptable engineering practices.

I. The subdivider shall furnish a complete set of reproducible final construction drawings. [Ord. 08-16-2011 § 1; Ord. 02-03-2009 § 2].

16.05.085 Single-lot subdivisions and existing building lots.

A. Purpose. The purpose of this section is to outline the requirements for subdivisions of property for the purpose of creating one lot for building or development purposes. This section also applies to the conversion of an existing parcel to a lot for building purposes.

B. Parcel Does Not Constitute a Building Lot. An existing parcel of property does not constitute a building lot. All lots intended for building or development purposes must meet the requirements of this section, unless exempted under Chapter 17.45 WPCC.

C. Plat Required. A plat is required for all building lots, including single lots and existing parcels. The purpose of the plat is to provide the following:

1. A surveyed boundary of the parcel.

2. Zoning designation.

3. Graphical illustration of required lot dimensions, unless exempted under Chapter 17.45 WPCC.

4. Graphical illustration of surrounding property owners and any boundary line agreements.

5. Graphical illustration of property access from a public right-of-way.

6. Address assignment to the parcel.

7. Dedication of road right-of-way.

8. Dedication of public utility easements.

The plat shall meet all requirements of WPCC 16.05.070.

D. Approval Process. The normal subdivision approval process may be streamlined as the review process is typically much less intense for a single lot. The community development director, in consultation with the chairman of the planning commission, may choose to combine the conceptual, preliminary, and final approvals into one approval by the planning commission. Once final approval is granted by the planning commission, the plat shall be forwarded to the city council for final approval.

E. Construction Drawings. The level of detail required on the construction drawings shall be determined by the city engineer. The one-lot subdivision shall comply with all applicable sections of this title, but the city engineer shall have discretion to waive any requirements that may not be reasonably applied to a one-lot subdivision.

F. Guarantee of Improvements. The subdivider shall provide a guarantee as outlined in WPCC 16.05.120. If no public improvements are required or if a postponement agreement is signed, then no guarantee will be required.

G. Review Fees. Review fees shall be paid by the subdivider to the city and shall be paid before any approval will be granted. The fees for review of a one-lot subdivision shall be included in the City fee schedule and may be changed from time to time by resolution of the city council. [Ord. 02-19-2013A § 2].

16.05.086 Exemptions from plat requirements.

Any parcel being subdivided for nonbuilding purposes or for agricultural purposes will be exempt from the requirements of this chapter. Any parcel that is subdivided for nonagricultural purposes may be required to comply with the requirements of this chapter. An existing parcel that has access to a public street, has the required minimum street frontage, has all necessary utilities stubbed to the property, and in essence is ready for building activity to occur shall be exempt from the requirements of this chapter; provided, that proposed building lot:

A. Is not traversed by the mapped lines of a proposed state or city street as shown in the West Point City master transportation plan and does not require the dedication of any land or street or other public purposes;

B. Has been approved by the culinary water authority, the sanitary sewer authority, and the secondary water authority;

C. If located on a state-owned transportation facility and, as applicable, has been approved by the Utah Department of Transportation;

D. Is located in a zoned area; and

E. Conforms to all applicable land use ordinances. [Ord. 02-19-2013A § 2].

16.05.090 Subdivision standards.

A. Relation to Adjoining Street Systems.

1. The arrangement of streets in new subdivisions shall make provisions for the continuation of the existing streets in adjoining areas (or their proper protection where adjoining land is not subdivided) insofar as such may be deemed necessary by the planning commission for public requirements. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.

2. Standard residential streets shall approach the arterial or collector streets at an angle of not less than 80 degrees.

B. Street and Alley Widths, Cul-de-Sacs, Easements, Etc.

1. Street Dedication. All streets in subdivisions in West Point City shall be dedicated to the city, except private streets as outlined in the PUD overlay zone.

2. Arterial, collectors and/or residential streets shall conform to the width designated in the general plan whenever a subdivision falls in an area which has been addressed in the general plan. For territory where such street plan has not been completed at the time the preliminary plat is submitted to the planning commission, arterial or collector streets shall be provided as required by the planning commission, with minimum rights-of-way of 106 feet for major arterial streets, 84 feet for minor arterial streets and 66 feet for collector streets.

3. Standard residential streets shall have a minimum right-of-way of 60 feet.

4. Cul-de-sacs shall be no longer than 600 feet from the center of the road to the center of the turnaround. Each cul-de-sac must be terminated by a turnaround of not less than 100 feet in diameter. If surface water drainage is into the turnaround, due to the grade of the street, necessary catch basins and drainage easements shall be provided. Where a street is designed to remain only temporarily as a dead-end street, an adequate temporary turning area shall be provided at the dead-end thereof to remain and be available for public use so long as the dead-end condition exists.

5. Utility and drainage easements shall be provided along the side, front and rear lot lines of all subdivision lots and at such other locations as deemed necessary as directed by the city. The minimum size of these easements shall be 10 feet front and rear, and seven and one-half feet on adjoining sides of every other side yard. In some cases, larger easements may be required as directed by the city. The city will not be responsible for damage caused to landscaping or structures that are disrupted in the course of working inside a dedicated easement. It shall be unlawful to build any type of permanent structure over a sewer, water, storm drain, irrigation ditch, or any other underground easement.

6. Standard Street Sections. All proposed streets, whether public or private, shall conform to the street cross-section standards as recommended by the city.

7. Street Grades. Street grades over any sustained length shall not exceed the following percentages: on arterial streets, eight percent; on collector streets, 10 percent; and on standard residential streets, 12 percent.

8. Alleys shall have a minimum width of 20 feet. Alleys may be required in the rear of business lots, but will not be accepted in residential blocks except under unusual conditions where such alleys are considered necessary by the planning commission.

9. All existing gravity irrigation ditches or existing land drains within the boundaries of a subdivision shall not be cut off, but provisions for their continuation shall be provided. Any piping of such ditches or drains must comply with the technical specifications.

C. Blocks.

1. The maximum length of blocks generally shall be 1,320 feet and the minimum length of blocks shall be 500 feet. Blocks over 800 feet in length may, at the discretion of the planning commission, be provided with a dedicated walkway through the block at approximately the center of the block. Such walkway shall not be less than six feet in width.

2. The width of blocks shall be sufficient to allow two tiers of lots or as otherwise approved by the planning commission because of design, terrain or other unusual conditions.

3. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

D. Lots.

1. The lot arrangement and design shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and to existing and probable future requirements.

2. All lots shown on the subdivision plat must conform to the minimum area and width requirements of the zoning ordinance for the zone in which the subdivision is located.

3. Each lot shall abut on a public street or private street dedicated by the subdivision plat or an existing publicly dedicated street.

4. Flag Lots. When approved by the planning commission, flag lots may be utilized in subdivision design; provided, that the lot(s) comply with all of the requirements contained in WPCC 16.05.140.

5. Corner lots shall have extra width sufficient for maintenance of required building lines on both streets.

6. Side lines of lots shall be approximately at right angles, or radial to the street line.

7. All remnants of lots below the minimum size left over after subdividing a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.

8. Where the land covered by a subdivision includes two or more parcels in separate ownership and the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to either single or joint ownership before approval of the final plat, and such transfer certified to the city by the county recorder.

9. Natural Drainage and Other Easements. The city may require that easements for drainage through adjoining properties be provided by the developer; an easement for water, sewer, drainage, power lines, and other utilities shall be provided in the subdivision where and when required by the city.

a. The city engineer, in addition, may require the preservation of space within a subdivision for the placement of a storm water detention facility.

b. The owner of record of such detention facility, retention facility, or pond shall be responsible for its landscaping and perpetual maintenance.

c. Such landscaping shall be prescribed by the city engineer to include, at a minimum, grass with sprinklers. Sprinkling systems shall be installed in accordance with specifications provided by the city.

d. Detention landscaping shall be accomplished to the satisfaction of the city engineer prior to the occupancy of any homes in the subdivision. If for weather-related reasons landscaping cannot be installed, the city engineer may grant a single extension of time.

e. All detention ponds shall adhere to three to one (3:1) side slopes, providing a seven-foot lip or level area surrounding the facility. The city may require fencing of detention ponds exceeding a depth of three feet.

f. The city reserves the right and intention to accomplish landscaping of detention facilities if the developer fails to fulfill the requirements of this section prior to occupancy of any homes. In such circumstances, the city may contract for such landscaping and then bill the costs back to the developer, plus an administrative charge of not less than $500.00.

10. Developments over 30 lots shall be done in phases. A phase shall consist of no more than 30 lots unless specifically approved by the city. Each phase must be completed with both on- and off-site improvements within two years. The city shall not approve more than 30 lots in a development or single phase without requiring the construction of a second access road that connects to an existing public street.

When the off-site improvements have been 100 percent completed within the boundaries of the recorded plat of any phase and approved by the city, and on-site improvements have been 70 percent completed, and building permits have been issued on at least 50 percent of the lots, then the developer may record the plat for the next phase of the development.

In no case shall more than two phases be developed consecutively. The city council may grant exceptions to these rules if deemed appropriate.

E. Parks, School Sites and Other Public Places.

1. Should the area to be subdivided cover future park sites, future school sites and/or any other public places as indicated on the West Point City general plan, the subdivider shall provide a subdivision layout which incorporates the layout and design for these facilities.

2. If any such proposed public areas or school sites have not been purchased by the appropriate public agency within one year after the recording of the final plat, such areas may be subdivided into lots and blocks in accordance with the requirements of this title. [Ord. 04-15-2014A §§ 1, 2; Ord. 03-06-2012 §§ 1, 2; Ord. 02-03-2009 § 2].

16.05.100 Subdivision improvements required.

A. Required Improvements. The owner of any land to be platted as a subdivision shall at his expense install the improvements referred to in this section prior to recording the final plat, or guarantee the installation of such improvements according to the specifications and under the inspection of the city.

The city may require developers to contribute to the costs of infrastructure previously installed by the city or another developer that represent project improvements that would normally have been required of the new development. The costs of the infrastructure shall be determined by the city engineer and shall take into account, among other elements and variables, the cost of the design and construction of the improvements and the amount of impact fee credit that may apply.

In the event that impacted infrastructure was installed by a developer, the city shall collect from the impacting developer the appropriate contribution as determined by the city engineer and forward such to the developer responsible for the original installation. Payment shall be made prior to recording the plat. If a plat is not required for a project, payment shall be made before building permits shall be granted. If a developer desires to be reimbursed for infrastructure, then they shall make a written request to the city to enter into a payback for improvements agreement. The city council shall adopt the agreement by resolution. No reimbursement shall be required after 20 years from the date of the resolution unless otherwise specified in the payback for improvements agreement and resolution.

In the event that impacted infrastructure was installed by the city, the city council shall pass a resolution allowing the city to recoup the costs of the infrastructure from the impacting developers. The city shall collect from the impacting developer the appropriate contribution as determined by the city engineer. Payment shall be made prior to recording the plat. If a plat is not required for a project, payment shall be made before building permits shall be granted. No reimbursement shall be required after 20 years from the date of the resolution unless otherwise specified in the resolution.

B. Water Supply.

1. The subdivider shall install culinary water lines, including laterals to the property line of each lot. The subdivider shall furnish to the city engineer three copies of plans showing the location and size of proposed water lines and fire hydrants and also existing water lines to which a connection is to be made. Information concerning the residual water pressure in the existing mains at the approximate point of connection shall also be furnished. The city engineer shall determine the adequacy of the existing water system to provide culinary water and fire protection to the lots in the subdivision.

2. Additional Requirements.

a. All water mains shall be sized and approved by the Davis and Weber Counties Canal Company (D.W.C.C.C.) engineer or other designated engineer and the West Point city engineer.

b. The location of all secondary supply improvements shall be shown on the preliminary plat, the cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

c. Due to the need of providing secondary and culinary water for subdivision development, the subdivider shall convey or otherwise make available to West Point City or its designee water rights that are usable by and acceptable to West Point City to provide a minimum of three acre feet (a.f.) of water annually during normal water years, for each acre or part thereof within the subdivision, to be distributed for secondary and culinary water uses. One-third of the water will be used for culinary purposes and the remaining two-thirds will be used for secondary water.

d. The amount of water required may be adjusted by resolution adopted by the West Point city council from time to time.

e. In the event there are no owner water rights on the property to be developed, the developer shall obtain and convey to West Point City water rights acceptable and usable by the city.

f. Secondary water may be purchased from Weber Basin Water Conservancy District (WBWCD) through the tri-lateral agreement.

g. If the developer is unable to acquire water shares on the open market to satisfy the culinary water requirement (one a.f. per acre developed), then West Point City at its option may allow the developer to pay a fee to the city and the city may allocate water that is under contract with WBWCD to the project. The fee for the culinary water will be according to the fee schedule adopted by the city council and may be adjusted by resolution adopted by the West Point city council from time to time.

h. For single lot subdivisions or existing building lots not included in the boundaries of a subdivision, the developer or builder may pay a fee to the city in accordance with subsection (B)(2)(g) of this section; however, the approval of such shall be granted by city staff. The fee for culinary water associated with a single lot subdivision shall be equivalent to that specified in the fee schedule for a 12,000-square-foot lot.

i. If the development is within the boundaries of the Hooper Water Improvement District then the culinary water requirement described in this section will not apply. However, the developer must still satisfy the irrigation water requirement, meaning the developer must convey two a.f. of water for each acre developed to West Point City.

j. If any commercial property is rezoned to residential use such property shall be subject to and meet the requirements of this subsection (B) prior to approval of any residential development.

k. The requirements of this subsection shall become effective on and after April 6, 2004. Such requirements shall apply to all applications submitted for preliminary plat approval after said date.

l. Any developer who has entered into an agreement, prior to the date of April 6, 2004, with the D.W.C.C.C. and/or Weber Basin Water Conservancy District concerning the dedication of water, that was customarily used on the property to be developed, sold to either of those companies, may apply those shares to any obligation they may develop in the future concerning the final plat approval.

m. The developer may appeal the requirements of this subsection to the city council prior to the approval of the preliminary plat by the planning commission.

C. Sewage Disposal. Where a public sanitary sewer is within 300 feet or is close enough in the opinion of the city to require a connection, the subdivider shall connect with such sanitary sewer and provide adequate lateral lines to the property line of each lot. Such sewer connections and subdivision sewer systems shall comply with the regulations of the city and the sewer district, and shall be approved by the city.

D. Storm Water. The city shall require the subdivider to dispose of storm water and surface drainage. If easements are required across abutting property to permit drainage of the subdivision, it shall be the responsibility of the subdivider to acquire such easements.

E. Irrigation Water/Open Ditches. Open ditches shall be piped within the subdivision. If the ditch is owned by a ditch company or a landowner has rights to water running through the ditch, then the city will work with the appropriate party to determine the size and type of pipe to be placed. If no company or individual can prove their rights to the ditch then the city engineer will determine the appropriate size, type, and length of ditch to be piped. Some ditches that are presently piped may be required to be re-laid to meet city standards. In some cases ditches may be abandoned.

F. Street Grading and Surfacing. All public and private streets shall be graded and surfaced in accordance with the standards and rules and regulations of the city council.

G. Curbs and Gutters. Curbs and gutters shall be installed on existing and proposed streets where in the opinion of the planning commission they will be necessary for reasons of safety or public welfare.

H. Street Drainage. Drainage structures may be required by the city where necessary.

I. Sidewalks. The minimum of five-foot sidewalks shall be required in all subdivisions where in the opinion of the planning commission they will be necessary for reasons of safety and public welfare.

J. Survey Monuments. Permanent survey monuments shall be accurately set and established at such points as are necessary to establish all lines of the subdivision. Monuments shall be of a type approved by the city. All subdivision plats shall be tied to a public corner or monument of record established by Davis County.

K. Street Trees. Street trees shall be planted by the subdivider when so required by the planning commission and of a variety and location as approved by the planning commission.

L. Landscape Standards. All new developments along arterial and collector streets shall be required to install enhanced landscaping as part of a streetscape design. When lots double face, with the rear yard backing onto or a side yard facing an arterial or collector street, the provisions of this section shall apply. A strip of land directly adjacent to the right-of-way line of the street will be set aside to provide a buffer to enhance the streetscape and mitigate the impacts of arterial and collector streets. Where only one lot backs or faces onto a collector or arterial street, the landscape strip will be maintained by the individual homeowner and no homeowners’ association will be required.

The landscape buffer shall be identified on the plat as property owned in common by a homeowners’ association. The landscape buffer must adhere to the Standard Landscape Drawing found in the West Point City Public Works Standard Drawings and Specifications. The sidewalk and parkstrip shall be incorporated into the landscape design and are subject to review and approval by the planning commission. The planning commission may alter the landscape configuration where, in their opinion, modifications would result in a better design.

A landscape and irrigation plan must be submitted and approved by the planning commission. Landscaping shall include street trees, grass, and shrubs. One two-inch caliper tree shall be required for every 25 feet of frontage. Trees must be picked from the city approved list. Five shrubs shall be required for every required tree. Shrubs shall be one-gallon containers or larger. A six-foot solid or semi-private fence will be installed along the entire perimeter on the inside edge of the buffer area.

Irrigation systems will be required in all landscaped areas. The system shall include a single connection to the secondary water system that will be operated by the homeowners’ association. All systems shall have an automatic controller and can be either a drip or spray system. The system shall provide sufficient coverage to all landscaped areas and be designed in such a way as to minimize spray on sidewalks and streets.

The developer shall be responsible for the installation of all landscaping and irrigation systems required herein and must provide a guarantee for all improvements with the overall subdivision guarantee. All landscaped parcels shall be dedicated as permanent open space on the recorded plat. A homeowners’ association (HOA) shall be formed by the recordation of declarations providing for the collection of fees to maintain the landscaped areas. The homeowners’ association must be professionally managed. All plantings shall be maintained in a healthy and attractive manner by the homeowners’ association. The city reserves the right to assess a fee to the homeowners’ association or to individual homeowners if it fails to maintain all landscaping in a reasonable manner. The developer shall record CC&Rs that outline the maintenance responsibilities of the HOA. The city shall be made a party to that section of the CC&Rs and in that section the city shall be given the right to assess a fee to the HOA or the individual property owners in the subdivision if the HOA fails to maintain the landscaping. Maintenance shall include watering, weeding, and weed control, fertilizing, mulching, cleaning, pruning, pest control, mowing, trimming, and replacement of dead plantings.

M. Fire Hydrants. Fire hydrants shall be installed. Such fire hydrants shall be of the type, size, and number and installed in such locations as determined by the fire department and the city engineer and in accordance with development standards. Fire hydrants or blow-offs shall be provided at all dead-end lines as specified by the city engineer.

N. Street Signs. Street signs shall be furnished and installed by the city and charged to the subdivider.

O. Fencing.

1. A solid board, chain link or other nonclimbable fence not less than six feet in height shall be installed on both sides of existing supply irrigation ditches or canals, or bordering open reservoirs, railroad rights-of-way or nonaccess streets, and which are located within or adjacent to the subdivision, except where the planning commission determines that park areas including streams or bodies of water shall remain unfenced. Wastewater and open storm drainage ditches will be fenced where in the opinion of the planning commission they create a nuisance or hazard.

2. The planning commission may also require a fence of the type to be determined to be erected when any subdivision abuts a use to which uncontrolled access might result in damage or nuisance to adjacent properties where the planning commission determines that the absence of a fence may create a nuisance or hazard to the welfare of the residents of the subdivision or adjoining property.

3. Agricultural Fencing. Unless otherwise waived by affected agricultural property owners, fencing abutting agricultural property shall be required of the developer. Fence specifications shall, at a minimum, include the following: size of post, two and three-eighths inches; spacing of post, eight feet (the agricultural property owner shall have the option of paying the additional cost to create spacing of the post at six feet); top rail and bottom rail shall be one and five-eighths inches, the bottom shall be either two-strand barbless wire or one-strand barbed wire. The fence shall be of 11-gauge fabric. If there was no existing fence, or the existing fence does not protect the chain-link fence, then the agricultural property owner, at this time, will be required to install and maintain an electrical fence parallel to the chain-link fence.

P. Street Lights. Street lights are required in all commercial and residential developments given final approval after February 1, 2005.

1. At a minimum, street lights are required on the sides of residential streets, at the back of cul-de-sacs, and at points of intersection with other roads. Additional lighting may be required if the distance between two lights is 660 feet or more. Design of the light shall be the LP-3 or the light that has been accepted by West Point City as the standard for residential streets.

2. Lighting in the area of the city that has been designated as the central business district shall follow all regulations set forth in the central business district master plan. The required design of the light shall be LP-1 or the light that has been accepted by West Point City as the standard for the central business district. The spacing of the lights shall be prescribed in the central business district master plan.

3. Lighting along arterial streets shall be of the LP-2 design or the light that has been accepted by West Point City as the standard light for arterial streets. These lights shall be located at each intersection and not spaced any further than 200 feet. Arterial streets would include 300 North from 1500 West to 4500 West, 1800 North, 2000 West, 3000 West, 4500 West, any future state-sponsored highways, any portions of 5000 West north of 1800 North, and as otherwise portrayed in the street light legend, which shall be kept on file by the city.

4. Lighting along collector streets shall be of the LP-2 design or the light that has been accepted by West Point City as the standard for collector streets. These lights shall be located at each intersection and not spaced any further than 330 feet. Collector streets would include 700 South, 800 North, 1300 North, 5000 West, the portion of 300 North west of 5000 West, and as otherwise portrayed in the street light legend, which shall be kept on file by the city.

5. Developers may be subject to other jurisdictional lighting requirements.

6. The type of lighting, design of the lighting pole, and method of installation shall be prescribed by the city, in compliance with the West Point City dark sky ordinance (Chapter 17.105 WPCC).

7. Commercial lighting specifications as prescribed by the city may vary from required residential specifications. In all circumstances, the city shall prescribe lighting specifications congruent with and similar to other lighting within West Point City of similar functionality.

8. Light installation shall meet local electric utility specifications and utilize a city-approved installer. The developer shall pay the costs of providing street lighting required in the subdivision.

Q. Staking of Lots. Survey stakes shall be placed at all lot corners so as to completely identify the lot boundaries on the ground. Rebars shall be placed at the rear corners of each lot, and the front corners shall be designated by permanent markers placed in the curb. Any person disturbing these markers shall replace them at their own expense.

R. Inspection of Improvements. The city shall inspect or cause to be inspected all buildings, structures, streets, fire hydrants, water supply, and sewage disposal systems in the course of construction, installation or repair, etc. Excavations for fire hydrants, water and sewer mains and laterals shall not be covered or backfilled until such installation has been approved by the city. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the city. The following inspections will be required:

1. Sewer.

a. Connection to the existing sewer mains prior to any backfill.

b. All manholes. Air test must be completed.

c. All laterals and glued connections.

d. Main line televised and video turned in to the city.

2. Land Drains and Storm Sewers.

a. Connections to existing land drains and/or storm drains.

b. All manholes.

c. All laterals and connections.

d. Any cleanout box or catch basins.

e. Detention ponds. Fenced, sprinkling system installed and area sodded.

3. Water.

a. Main line joints and installation.

b. Proper valves and hydrants.

c. Pressure test main line.

d. Disinfect and bacteriologic tests.

e. Connection to existing water main.

f. Service connections, including meter yokes, boxes and lids.

4. Secondary Water System.

a. All main lines must be inspected and connections to mains and valves.

b. Pressure tested prior to covering or backfill.

c. Service connections, including company valves, boxes and lids, and airvacs.

5. Irrigation piping.

6. Curb and gutter.

7. Sidewalk.

8. Street signs.

9. Survey markers.

10. Seal coat.

S. Guarantee and Acceptance of Improvements. The subdivider shall warrant and guarantee that the improvements provided for herein, and every part thereof, will remain in good condition for a period of two years from the date the city council has accepted the improvements and a final walk-through has been completed. The subdivider also agrees to make all repairs to and maintain the improvements and every part thereof in good working condition during the guarantee period without cost to the city.

T. Enforcement and Permits. The building official shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration of any structure, or use of any land fully conforms to all provisions of this title. No West Point City officer shall issue any permit or license for the use of any building, structure or land when such land is a part of a subdivision as defined herein until such subdivision has been approved and recorded in the county recorder’s office and all other provisions of law have been complied with. Any license or permit issued in conflict with this title shall be null and void.

U. Penalty. Any subdivider or other person who shall violate or fail to comply with any of the provisions of this title shall be guilty of a Class B misdemeanor, and punished as provided by law upon conviction.

V. Validity. If any section, subsection, sentence, clause, or phrase of this title is, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portion of this title. [Ord. 02-19-2013B § 2; Ord. 01-15-2013B § 2].

16.05.110 Developers agreement.

The city council is hereby authorized to enter into a developers agreement with individuals and/or entities. The city council may require a developers agreement for any development, rehabilitation, reconstruction, or placement of improvements upon any property, for which a permit would be required, for the purpose of:

A. Protecting the health, welfare, and safety of the citizenry.

B. Addressing proposed projects, and the impacts of such projects, which may not have been contemplated by the code.

C. Addressing issues of the density of developments when required to balance competing interests.

D. Refining uses within the development in furtherance of the general plan when considering neighboring properties.

E. Resolving issues regarding unique features or challenges confronting development.

F. Protecting sensitive lands.

G. Protecting public properties and interests, both tangible and intangible.

H. Clarifying the application of code requirements or city standards.

I. Ensuring the adherence to the overall intent of the city code.

J. For any purpose consistent herewith or when mutually agreed upon with the developer.

Developers Agreement
with West Point City

This agreement entered into this _______ day of __________, ____, between _______________ of _______________, County of _____, State of ____, hereinafter referred to as “Developer,” and West Point City, a Municipal Corporation of the State of Utah, located in Davis County, hereinafter referred to as the “City.” Developer hereby acknowledges receipt of a copy of the West Point City Subdivision Ordinance, including specifications and standard drawings. Developer hereby acknowledges that he/she has read the Subdivision Ordinance (or that an agent of developer has), and that he/she understands the provisions of the Subdivision Ordinance, the specifications and standard drawings, and that he/she will fully and completely comply with the provisions and requirements therein contained.

DATED this _______ day of __________, ____.

    __________________
    Developer    

All signatures to this agreement, other than for sole proprietorships, shall be accompanied by documentation acceptable to the City attesting to the fact that the signer hereof is authorized by the developer to enter into this agreement (e.g., a copy of a corporate resolution, copy of a partnership agreement, etc.). The terms of this agreement shall be binding upon the parties hereon, their heirs, executors, administrators, assigns, or any parties legally acquiring the parties’ interest through foreclosure, trust deed, sale, bankruptcy, or otherwise. In the event either party must take legal action to enforce the terms of this agreement, the prevailing party shall have costs of court, including reasonable attorney fees.

    __________________
    Developer

    __________________
    Title

STATE OF UTAH    )
    : ss.
COUNTY OF DAVIS    )

On the _______ day of __________, ____, personally appeared before me __________________, the signer(s) of the above instrument, who duly acknowledged to me that he/she executed the same on behalf of the Developer.

    __________________
    NOTARY PUBLIC

(SEAL)    Residing at:
    My Commission Expires:

West Point City Planning Commission

    ______________________
    Chairman or Vice Chairman

    West Point City, a Municipal Corporation,

    ______________________
    Mayor

ATTEST:

______________________
City Recorder

[Ord. 02-03-2009 § 2].

16.05.120 Guarantee of improvements.

A. In lieu of the actual completion by the subdivider and acceptance by the city council of the improvements required by this title, and before the final plat is recorded, the subdivider shall guarantee the installation and construction of the required improvements within two years from the date of recording the final plat and provide a warranty that the improvements shall be maintained in a state of good repair, free from defective material or workmanship, for a period of up to:

1. One year after final acceptance of the improvement or warranty work; or

2. Two years after final acceptance of the improvement or warranty work, if the municipality:

a. Determines for good cause that a lesser period would be inadequate to protect the public health, safety, and welfare; and

b. Has substantial evidence of:

i. Prior poor performance of the applicant;

ii. Unstable soil conditions within the subdivision or development area; or

iii. Extreme fluctuations in climatic conditions that would render impracticable the discovery of substandard or defective performance within a one-year period.

The city council shall allow a partial release of the improvement assurance, if appropriate. The city council shall establish objective inspection standards for final acceptance of the required improvements.

B. Methods of Guarantee. The subdivider shall guarantee the improvements by one or more of the following methods at the discretion of the city:

1. Escrow. The subdivider shall deposit with any insurance company, bank, or savings and loan institution in an escrow account an amount of money equal to at least 115 percent of the estimated costs of the improvements not constructed or installed by the developer plus 10 percent of the cost of all the required improvements of the subdivision as a guarantee amount, as determined by the city engineer. The escrow agreement shall be subject to approval by the city attorney and shall be signed by the subdivider, the city, and the escrow holder, and shall contain substantially the following language:

AGREEMENT

The undersigned hereby promises and warrants that it has on deposit in an escrow account for the benefit of West Point City Corporation, the sum of _______________ ($__________), which represents at least one hundred fifteen percent (115%) of the costs of the improvements not constructed or installed by the developer plus ten percent (10%) of the cost of improvements of the _______________ subdivision.

The undersigned hereby agrees that the foregoing sum of money shall be used exclusively for the purpose of paying for the costs of materials, and construction and installation of the improvements required by West Point City Subdivision Ordinances. The undersigned further agrees that the money held in an escrow account shall be paid out to the contractors installing and constructing the required improvements only upon an order of the City Manager of West Point City. The subdivider shall not withdraw from the escrow account any amount in excess of 100% of the estimated cost of the improvements, but shall pay from other sources any costs for such improvements which exceed the engineer’s estimate approved by the City. 100% of the costs estimated by the Engineer.

After all improvements are made, completed and accepted by the City, a sum equal to 10% of the estimated costs of improvements shall remain with the escrow holder for a period of _____months as a warranty that all improvements are installed and inspected to City specifications, and that all defects are corrected and approved by the City.

If, after _______months, all or any part of the required improvements are not installed, constructed, and maintained according to the standards required in the West Point City Subdivision Ordinance, West Point City shall notify in writing the subdivider and escrow holder of the defects and shall make demand on the subdivider that the defects be corrected. If the defects are not corrected within 30 days, West Point City may correct the defects and charge to the escrow holder the costs of correcting the defects.

The escrow holder shall, on receiving reasonable proof from West Point City of the defect and that West Point City has incurred the cost of correcting the defect, pay to West Point City from the escrow account the cost of correcting the defect, and the escrow holder shall be held harmless by the parties by reason of payment to West Point City.

If, ____ months after the council has accepted the improvements required by its Subdivision Ordinance, the required improvements remain substantially free from latent defects, West Point City shall certify such fact to the escrow holder, and the escrow holder shall release to the subdivider any money still held in the escrow account, and the escrow holder shall be discharged of its obligations to West Point City.

______________________

(Authorized Signature)

The escrow agreement may contain such additional provisions as the parties deem necessary.

2. Irrevocable Letter of Credit. A letter of credit may be allowed as a financial guarantee at the discretion of the city engineer and the city attorney. A letter of credit shall only be used on a limited basis and the following criteria shall be considered:

a. The performance history of the developer;

b. The rating of the financial institution;

c. The size of the project (generally less than three lots);

d. The amount of the guarantee.

Under no circumstances shall the letter of credit have an expiration date, unless there is an automatic renewal clause.

The subdivider shall file with West Point City an irrevocable letter of credit from a duly chartered state or national bank or savings and loan institution, which letter shall contain provisions substantially similar to that required in the escrow agreement. The letter of credit shall be for an amount equal to at least 115 percent of the estimated costs of the improvements not constructed or installed by the developer plus 10 percent of the cost of all the required improvements of the subdivision as a guarantee amount, as determined by the city engineer.

C. Release of Funds. As the required improvements are satisfactorily installed and have been inspected by the city, funds which have been dedicated to guarantee installation of those improvements will be authorized to be released for payment of those improvements. The city shall notify the escrow agent or letter of credit bank in writing as to the installation of the improvement(s) and the amount to be released. The escrow agent or letter of credit bank is authorized to release funds only after receiving the written notification above. The city is not responsible to determine the party to be paid.

After all required improvements have been installed, the developer shall notify the city and request that the subdivision be placed into the warranty period. The subdivision will then be inspected by the city building official, and if all improvements have been completed in accordance with city ordinances and specifications, the city building official will recommend to the city council that the subdivision be placed in warranty. If the city council approves, the subdivision will then begin the warranty period. Ten percent of the total cost of all the required improvements, as specified above, shall be retained by the city during this warranty period.

All funds in guarantee funds surplus to the warranty amount may then be released by the city.

If any improvements have not been installed correctly or fail to function properly, and the developer fails to correct the deficiencies within 30 days of notification thereof, then, upon written notice by the city, escrow shall pay over to the city the amount necessary to complete, repair, or replace said improvements.

In the event the costs of completing, repairing, or replacing the unsatisfactory improvements exceed the amount remaining in the escrow account or letter of credit, the developer shall, within 10 days of notice thereof, pay the excess amount to the city and shall also cause to restore the escrow account or irrevocable letter of credit to the prescribed 10 percent warranty amount. The city shall not issue any building permits for the subdivision until the above-referenced excess costs have been paid to the city and warranty amount (10 percent of the total cost of improvements) has been restored. [Ord. 07-07-2009A § 2].

16.05.130 Fees.

A. Preliminary Plat Application Fee. At the time of filing the preliminary plat, the subdivider shall deposit with the city a nonrefundable fee made payable to West Point City. The city council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the city for the expense of checking and reviewing such preliminary subdivision plats.

B. Final Plat Application Fee. At the time of filing the final plat, the subdivider shall deposit with the city a nonrefundable fee made payable to West Point City. The city council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the city for the expense of checking and reviewing such final subdivision plats.

C. Recording Fee. At the time of recording the final plat, the subdivider shall be responsible for the recording fee.

D. Inspection Fee. Prior to recording the final plat, the subdivider shall deposit with the city a construction inspection fee. The city council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the city for the expense of review and inspection of the subdivision improvements. [Ord. 02-03-2009 § 2].

16.05.140 Flag lots.

The subdividing of a single lot to form one additional lot in a flag or L-shaped configuration may be allowed as a single lot subdivision in any residential zone. The goal is to accommodate the development of property that otherwise could not reasonably be developed under existing city subdivision or development ordinances. The city discourages the creation of flag and L-shaped lots and will consider approval only when no other practical option is available.

A. Review Standards. The following conditions shall be considered by the planning commission and city council in determining whether to approve a flag lot request:

1. Adherence to standard development procedures would create a hardship that is unique to this property and not shared by surrounding properties.

2. The creation of a public street would consume more than 50 percent of the original lot or would make either of the lots nonconforming in size or configuration.

3. The creation of the flag or L-shaped lot will not impede the future development of surrounding parcels that anticipate or require the extension of a public street across other properties for access.

B. Development Standards. All potential flag or L-shaped lots shall meet all of the following criteria:

1. Each lot shall have its own stem, which contains a driveway providing access to a public street. The stem is not separable from the buildable portion of the lot and shall be at least 20 feet wide. The stem may be as long as necessary; however, a turnaround reviewed and approved by the appropriate fire suppression agency shall be provided. No structures shall be allowed within the stem area and all landscaping shall be maintained so as to provide unobstructed access for emergency service vehicles.

2. The driveway shall be at least 20 feet wide and shall be completely surfaced in asphalt or concrete to the same specifications as a typical city residential street. If asphalt is used, a minimum eight-inch-wide concrete or masonry border shall be provided on both sides of the driveway to prevent deterioration. The surface of the driveway shall be designed to shed water and shall be located above grade.

3. The total area of the lot, excluding the stem section, shall be at least one and one-half times the minimum lot size for the zone in which it is located, and the lot shall meet all minimum width and depth requirements as if it was located on a public street.

4. Each lot shall have its own water, sewer, power and other utility connections.

5. Each lot shall have its own mailbox located along the public street frontage afforded by the stem section of the lot. The mailbox may not obstruct any vehicle or pedestrian access to the lot. The street address of the residence shall be clearly illustrated on the mailbox, with characters at least six inches in height and of proportionate width.

6. Each lot shall be graded consistent with city-approved storm water practices. A grading plan shall be reviewed and approved by the appropriate city agency before lot approval.

7. A fire hydrant must be located within 250 feet of any dwelling structure on the lot.

8. The lot in its entirety shall be held in fee simple ownership.

9. The original lot from which the flag or L-shaped lot was subdivided must meet all minimum standards for the zone in which it is located, both before and after the creation of the flag or L-shaped lot.

10. Snow removal shall be provided by the property owner and shall not obstruct traffic on the public street or driveway.

11. For the purposes of waste collection, appropriate trash receptacles shall be brought to the street curb and retrieved by the property owner within a 24-hour period. [Ord. 02-03-2009 § 2].