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Title 17
Subdivisions
Chapters:
17.04 General Provisions 17 - 1
17.08 Preliminary Plat 17 - 5
17.12 Final Plat 17 - 9
17.16 Design Standards 17 - 12
17.20 Improvements 17 - 15
17.24 Administration, Enforcement, Appeals 17 - 23
Title 17
Subdivisions
Chapter 17.04 General Provisions 17 - 1
17.04.010 Purpose. 17 - 1
17.04.020 Scope. 17 - 1
17.04.030 Definitions. 17 - 1
Chapter 17.08 Preliminary Plat 17 - 5
17.08.010 Preliminary Information. 17 - 5
17.08.020 Subdivision Information Form. 17 - 5
17.08.030 Preliminary Plat Filing. 17 - 5
17.08.040 Preliminary Plat Requirements. 17 - 5
17.08.050 Preliminary plat approval. 17 - 8
17.08.060 Time limitation. 17 - 8
17.08.070 Grading Limitation. 17 - 8
17.08.080 Availability of Secondary Water 17 - 8
Chapter 17.12 Final Plat 17 - 9
17.12.010 Tentative Final Plat Required. 17 - 9
17.12.020 Final Plat Required. 17 - 9
17.12.030 Final Plat Requirements. 17 - 9
17.12.040 Engineering Data Required. 17 - 10
17.12.050 Final Plat Approval. 17 - 10
17.12.070 Minor Subdivision ApprovalPreliminary Plat Exception. 17 - 10
Chapter 17.16 Design Standards 17 - 12
17.16.010 Adjoining Street Systems 17 - 12
17.16.020 Streets and alleys. 17 - 12
17.16.030 Blocks. 17 - 13
17.16.040 Lots. 17 - 13
17.16.050 Parks, School Sites and Public Places 17 - 14
Chapter 17.20 Improvements 17 - 15
17.20.010 Required Improvements. 17 - 15
17.20.020 Guarantee of Improvements 17 - 16
17.20.021 Professional Fees and Costs 17 - 17
17.20.023 Special Exception for Sidewalk 17 - 18
17.20.030 Default. 17 - 19
17.20.040 Final Inspection and Release. 17 - 19
17.20.050 Covenant and Agreement. 17 - 19
17.20.060 Development by Portions. 17 - 19
17.20.070 Engineering Checking Fee. 17 - 19
17.20.080 Inspection. 17 - 20
17.20.090 Work Guarantee 17 - 20
17.20.095 Default 17 - 21
17.20.100 Fee Schedule. 17 - 21
17.20.110 Payback Agreements 17 - 21
Chapter 17.24 - Administration, Enforcement, Appeals 17 - 23
17.24.010 Administration. 17 - 23
17.24.020 Appeal of City Actions. 17 - 23
17.24.030 Administration Actions 17 - 23
17.24.040 Violation, Enforcement. 17 - 23
Chapter 17.04 General Provisions
17.04.010 Purpose.
A. The underlying purpose and intent of this title is to promote the health, safety, convenience and general welfare of the inhabitants of the city in the matter of subdivisions of land and related matters affected by such subdivision.
B. Any proposed subdivision and its ultimate use shall be in the best interests of the public welfare and the 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. (Ord. dated 12/11/70 1: prior code 28-1-1)
17.04.020 Scope.
A. No person shall subdivide any tract of land which is located 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; provided, that this title shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of the initial subdivision regulations adopted by the city on the twenty-second day of April, 1961. (Ord dated 1-1/11/70 2: prior code 28-1-2)
17.04.030 Definitions.
The following words and phrases used in this title shall have the respective meanings hereinafter set forth, unless a different meaning clearly appears from the context:
1. "Alley" means a public thoroughfare less than twenty-six feet wide.
2. "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.
3. Bona Fide Division or Partition of Agricultural Land for Agricultural Development Purposes. Land shall be deemed to be for agricultural development purposes when devoted to the raising of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals; poultry and livestock; including beef cattle, sheep, swine, horses, ponies, mules or goats including the breeding and grazing of any or all of such animals; bees, trees, fruits of all kinds, including grapes, nuts and berries; vegetables; floral and ornamental stock; and which can:
a. Qualify as bona fide agricultural use; and
b. Each division or partition of the land has been so devoted for at least the two successive years immediately preceding; and
c. The area of each division or partition of such land is not less than five contiguous acres and the gross sale of agricultural products produced thereon, together with any payments received under a cropland retirement program have averaged at least one thousand dollars per year, not including rental income, during the two-year period immediately preceding the year in issue.
4. "City" means the City of Pleasant View, Utah.
5. "City council" means the city council of the city of Pleasant View, Utah.
6. "City engineer" means any registered civil engineer appointed by the city council to accomplish the objectives of this title; provided, that no such person may serve the city and a subdivider in the city simultaneously where he/she would have to check his/her own work or the work of a member of his/her firm in connection with any subdivision in the city.
7. "Construction standards" means a set of standard drawings and specifications entitled "Minimum Standards of Design and Specifications for Materials and Construction of Public Works."
8. "Easement" means that portion of a lot or lots reserved, granted or arising in behalf of and for the present or future use by a person or agency other than the legal owner or owners of the property or properties. The easement may be for use under, over or above the lot or lots.
9. "Final plat" means a drawing of a proposed subdivision drawn accurately to scale, which has thereon all measurements, data, certificates and dedications required for approval and acceptance by the proper agencies and for recording in the office of the county recorder.
10. "Half streets" means that portion of a street within a subdivision one-half the required right-of-way width upon which improvements in accordance with one-half of an approved typical street cross section are constructed.
11. "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 title of the city, having frontage upon a street or upon a right-of-way approved by the board of adjustment.
12. "Lot right-of-way" means an easement of not less than sixteen feet wide reserved by the lot owners as private access to serve the lots through which it passes.
13. "Major street plan" means a plan, labeled "Major Street Plan of the City of Pleasant View," approved by the city council.
14. "Master plan" means a plan, labeled "Master Plan of Pleasant View," including maps or reports or both, which has been approved by the planning commission and the council as required by law.
15. "Official map" means a map adopted by the city council under the provisions of Section 10-98-23, UCA, 1953, as amended.
16. "Parcel of land" means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of the same claimant or person.
17. "Person" means any individual, corporation, partnership, firm or association of individuals however styled or designated.
18. "Planning commission" means the Pleasant View City Planning Commission.
19. "Preliminary plat" means a drawing drawn to scale representing a proposal as to a method of subdividing a tract, lot or parcel of land but which does not require the certificates and dedications necessary for acceptance by the council.
20. "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.
21. Streets.
a. "Collector street" means a street, existing or proposed, of considerable continuity which is the main means of access to the major street system.
b. "Cul-de-sac street" means a street, no longer than five hundred feet in length, with a common ingress and egress and having an appropriate turnaround for the safe and convenient reversal of traffic, as provided in the Pleasant View Public Works Standards and Technical Specifications. (Ord 99-3, 2/9/99 (part))
c. "Major street" means a street, existing or proposed, which serves or is intended to serve as a major traffic way and is designated on the master street 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.
d. "Marginal access street" means a minor street which is parallel to and adjacent to a limited access major street and which provides access to abutting properties and protection from through traffic.
e. "Minor street" 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 needs of a neighborhood.
f. "Private street" means a thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as private access to serve the lots platted within the subsection and complying with the adopted street cross section standards of the city and maintained by the subdivider or other private agency.
g. "Street" means a thoroughfare which has been dedicated or abandoned for the public and accepted by proper public authority, or a thoroughfare not less than twenty-six feet wide which has been made public by right of use and which affords the principal access to the abutting property.
h. Dead-end street means a street with only one existing means of ingress and egress. Such streets shall have a length no greater than one hundred and fifty feet or one lot. (Ord 99-3, 2/9/99)
i. Temporary dead-end street means a street having no formal outlet but including a temporary turnaround. As a part of a continuing development, such streets may allow access to a maximum of twenty lots but not to exceed a street length of approximately one thousand feet. Streets with greater length than this shall provide secondary access. By policy this could include non-improved, non-dedicated access that is acceptable to the city engineer and fire department. (Ord 99-3, 2/9/99)
22. "Subdivider" means an individual, corporation or registered partnership owning or controlling any tract, lot or parcel of land to be subdivided or a group of two or more persons owning any tract, lot or parcel, of land to be subdivided who have given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing or executing the purpose of the subdivision.
23.a. "Subdivision" means any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, unites, plots, or other division of land for the purpose, whether immediate or future, for offer, sale or development either on the installment plan or upon any and all other plans, terms, and conditions.
b. Subdivision includes:
i. The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
ii. Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes, except division of legitimate agriculture land resulting in a minimum of five acre parcels. (Ord 97-12, 6/24/97)
24. "Utilities" means culinary water lines, pressure and gravity irrigation lines, sanitary and storm sewer lines, electric power and telephone transmission lines, underground conduit and junction boxes. (Ord. 78-7 3, 1978: Ord dated 12/11/70 3: prior code28-1-3-28-1-7)
Chapter 17.08 Preliminary Plat
17.08.010 Preliminary Information. Each person who proposes to subdivide land in the city shall confer with the planning commission staff before preparing any plats, charts or plans in order to become familiar with the city subdivision requirements and existing master plans for the territory in which the proposed subdivisions lie and to discuss the proposed plan of development of the tract. (Ord. dated 12/11/70 4(A): prior code 28-2-1)
17.08.020 Subdivision Information Form. A subdivision information form supplied to the subdivider by the planning commission shall be filled out and submitted to the planning commission with the preliminary plat. (Ord dated 12/11/70 4(B): prior code 28-2-2)
17.08.030 Preliminary Plat Filing. A preliminary plat and vicinity plan shall be prepared in conformance with the standards, rules and regulations contained herein and thirteen black and white prints of the preliminary plat shall be submitted to the planning commission staff for approval or disapproval. One print shall be delivered by the planning commission staff to each of the following for their information and recommendations of such officials and departments: county recorder, city engineer, city fire department, county recreation department, county school board, and any company furnishing telephone, electric, water or gas service. (Ord. dated 12/11/70 4(C): prior code 28-2-3)
17.08.040 Preliminary Plat Requirements.
A. The preliminary plat shall be drawn to a scale not smaller than one hundred feet to the inch, and shall show:
1. The proposed name of the subdivision;
2. "Vicinity Plan".
a. A vicinity plan shall be drawn to scale and shall show a representation of the blocks and streets of the proposed subdivision and their relationship to existing and proposed streets and to existing and proposed utilities. Size of such utilities shall also be shown.
b. A vicinity plan and a written statement explaining the intent of the subdivider can then be prepared for review by the planning commission prior to submission of the preliminary plat. Two copies of each are required.
i. The vicinity plan should be submitted on a published street, highway, USGS or zoning map and should show the relationship of the proposed residential development to the community facilities which serve or influence it, such as traffic arteries, commercial or industrial areas, schools, parks, etc. within one mile of the boundaries of the proposed subdivision, consideration should be given to proposed future as well as existing facilities in the area.
ii. The written statement should be in sufficient detail that the intent of the subdivider is clear to those persons who review the proposal for the county. (Ord. 78-7 3, 1978: Ord. dated 12/11/70 3: prior code 28-1-3--28-1-7)
3. Its location as forming a part of a larger tract or parcel, where the plat submitted covers only part of the subdivider's tract or only part of a larger vacant area. In such case, a sketch of the proposed 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;
4. Sufficient information to locate accurately the property shown on the plat;
5. The names and addresses of the subdivider, the engineer or surveyor of the subdivision, and the owners of land immediately adjoining the land to be subdivided;
6. A contour map with two foot intervals is required. The contour map shall include a calculation of the average slope for the site prior to any grading, utilizing the following formula:
S = .00229 (I) (L) A
Where S is the average slope
I is the contour interval in feet
L is the summation in length in feet of all contour lines
A is the total number of acres
If this calculation results in an average slope exceeding 15%, then additional standards and evaluations shall be placed on the subdivision including:
a. As slope increases, density shall decrease. Slopes between 15-20% shall have no more than 1 unit per acre. Slopes between 20.1-25% shall have no more than 1 unit for every 2 acres. Slopes from 25.1 to 30% shall have no more than one unit for every 5 acres. No development is allowed on slopes greater than 30%.
b. As slope increases, allowable impermeable surfaces shall decrease. For lots with slopes of 15-20%, no more than 25% of the lot shall be impermeable surfaces. For lots with slopes of 20.1-25%, no more than 15% of the lot shall be impermeable surfaces. For lots with slopes of 25.1-30%, no more than 7.5% of the lot shall be impermeable surfaces.
c. Lots shall have a reasonable building area (defined as land with a slope less than 20%) of at least 5000 square feet with a minimum width of 50 feet.
d. The maximum vertical height of all cuts and fills for roads and driveways shall be 10 continuous feet. No disturbed surface shall have a slope greater than one vertical foot to two horizontal. Retaining walls ten feet and higher shall be designed and stamped by a professional engineer registered in the State of Utah. All walls over 10' in height shall be terraced with a minimum flat horizontal separation of 4' between vertical or sloped sections.
e. No public road shall exceed 12% grade. Private driveways under 150' in length shall not exceed 15% grade. Private driveways in excess of 150' shall not exceed 12% grade.
f.Additional fire safety/ emergency vehicle related reviews may be required including but not limited to, access, fire hydrants, driveway (grades, lengths and widths), road surfacing, turnarounds, building distances from a public street, etc.
g. Spark arresters shall be installed on all indoor and outdoor fireplaces.
h. A grading and drainage plan shall be submitted with the subdivision improvement drawings. The plan shall clearly identify how the developer intends on grading each lot to insure that storm water runoff is directed to the fronting or intersection roadways in such a manner that it will not have an adverse effect on adjacent or neighboring properties. Building pad elevations, cuts, fills, drainage swales, slopes, and proposed drainage easements shall be minimum design elements.
i. Existing vegetation shall be preserved to the greatest extent possible. A map of areas to be disturbed shall be submitted. Disturbed areas shall be revegetated within two months, in accordance with an approve revegetation plan. Rock outcropping shall be avoided.
j. Trail accesses into the mountains and connections to existing and planned trails shall be considered in the subdivision design.
If the calculation results in an average slope of less than 15% for the entire subdivision but portions of the subdivision will have excessive slope over 15%, the provisions above (a through j) shall apply to the development of sub-areas within the subdivision where excessive slopes are found;
7. The boundary lines of the tract to be subdivided;
8. The location, widths and other dimensions of all existing or platted streets and other important features such as railroad lines, water courses, exceptional topography and buildings within or immediately adjacent to the tract to be subdivided;
9. Existing sanitary sewers, storm drains, water supply mains, and culverts within the tract and immediately adjacent thereto;
10. The locations, widths and other dimensions of proposed public streets, private streets, alleys, utility easements, parks, other open spaces and lots, with proper labelling of spaces to be dedicated to the public, or designated as private streets;
11. North point, scale and date.
12. Any locations of rock outcropping, known significant boulders, and areas of shallow depth to bedrock that may require blasting. If blasting is necessary, a conditional use permit is required. No conditional use permits shall be issued until the entity seeking the permit has complied with those requirements found in 18.42.190.
B. Plans or written statements regarding the proposed sewer, storm water drainage facilities and other proposed improvements such as planting and parks, and any grading of individual lots.
C. In all cases where the subdivider is not an individual corporation or registered partnership, the preliminary plat, when presented to the planning commission, shall be accompanied by a notarized statement, bearing the signatures of all owners of record of the property to be subdivided, designating a single individual who shall act for and on behalf of the group in all appearances before bodies, agencies or representatives to execute the purpose of subdividing the property. (Ord.2003-7, dated 6/10/03 & Ord. 2002-12, dated 12/30/02 & Ord. dated 12/11/70 4(D): prior code 28-2-4)
17.08.050 Preliminary plat approval. The preliminary plat shall be reviewed by the planning commission which shall act on the plat as submitted or modified within sixty days after its presentation. If approved, the planning commission shall express its written approval, with whatever conditions are attached and by returning one copy of the preliminary plat, signed by the chairman, to the subdivider. If the preliminary plat is disapproved, the planning commission shall indicate its disapproval in writing and reasons therefore by similarly signed copies. Notification of approval of the preliminary plat shall be authorization for the subdivider to proceed with the preparation of the final plat and specifications for the minimum improvements required in Chapters 17.12 and 17.20. (Ord. dated 12/11/70 4(E): prior code 28-2-5)
17.08.060 Time limitation. Approval of the preliminary plat by the planning commission shall be valid for a maximum period of two years after approval unless upon application of the subdivider, the planning commission grants an extension. If the final plat has not been submitted within the two years or approved extension period, the preliminary plat must again be submitted to the planning commission for re-approval; however, preliminary approval of a large tract shall not be voided; provided, that the final plat of the first section is submitted for final approval within the two-year period. (Ord. dated 12/11/70 4(F): prior code 28-2-6)
17.08.070 Grading Limitation. No large scale excavation, grading or regrading, shall take place on any land for which a subdivision has been submitted until such plan has been given final approval by the planning commission. Storm water improvements shall be completed first whenever possible as per city engineer. (Ord 97-12, 6/24/97: prior codes Ord. dated 12/11/70 4(G) & 28-2-7)
17.08.080 Availability of Secondary Water. Subdivider shall provide documents proving availability and intended use of pressurized secondary water to each lot within all proposed subdivisions as a condition of preliminary approval. (Ord.2000-17, 6/20/00; prior code Ord 97-17, 10/28/97)
Chapter 17.12 Final Plat
17.12.010 Tentative Final Plat Required.
A. Prior to the submission of the final plat, the subdivider shall submit thirteen copies of the tentative final plat to the planning commission who shall check the tentative final plat against the requirements and conditions of approval of the preliminary plat, and refer one copy to the county recorder for checking.
B. The planning commission shall return one copy of the checked tentative final plat to the subdivider indicating thereon any changes required by the planning commission and/or county recorder. (Ord. dated 12/11/70 5(A): prior code 28-3-1)
17.12.020 Final Plat Required.
A. After compliance with the provisions of Chapter 17.08, the subdivider shall submit a final plat with two copies thereof to the planning commission. Such plat shall be accompanied by a letter of certification by the subdivider's engineer, indicating that all lots meet the requirements of the zoning title.
B. The final plat and accompanying information shall be submitted to the planning commission at least five days prior to a regularly scheduled planning commission meeting in order to be considered at the meeting. (Ord. dated 12/11/70 5(B): prior code 28-3-2)
17.12.030 Final Plat Requirements. The final plat shall consist of a sheet of approved tracing linen or mylar, to the outside or trim dimensions of nineteen by thirty inches and the borderline 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 a scale large enough to clearly show all details, in any case not smaller than one hundred feet to the inch, and the workmanship on the finished drawing shall be neat, clean cut and readable. The plat shall be signed by all parties mentioned in subsection F of this section, 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. 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, bearing 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 and conform as far as practicable to the adopted street naming and numbering system of the city;
E. Parcels of land to be dedicated as public park shall be included in the lot numbering system and shall also be titled "public park";
F. The standard forms approved by the planning commission for all subdivision plats lettered for the following:
1. Legal description of land to be included in subdivision,
2. Registered professional engineer and/or 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 council certificate of acceptance attested by the city recorder;
G. A three-inch by three-inch space in the lower right hand of the drawing for recording information. (Ord. dated 12/11/70 5(C): prior code 28-3-3)
17.12.040 Engineering Data Required. The subdivider shall cause to be prepared by a qualified engineer not in the employ of the city or county a complete set of profiles, construction design data of all streets, existing and proposed, and all utilities and improvements to be constructed within the subdivision and furnish such information to the city engineer with the final plat. (Ord. dated 12/11/70 5 (D): prior code 28-3-4)
17.12.050 Final Plat Approval.
A. Before approving the final plat, the planning commission shall submit the plat for approval to the city engineer who shall collect a checking fee from the subdivider and who shall check the engineering requirements of the drawing, and determine the amount of the bond, or other agreement, to assure construction of the improvements where necessary. After approval and signature by the city engineer, the plat and bond agreement shall be submitted first to the planning commission and then to the city attorney and the city council, respectively for their approval. The plat shall be accompanied by evidence of marketable title in the dedicatory owners to the satisfaction of the city attorney. The final plat, bearing all official approvals as above required, shall be deposited in the office of the county recorder for recording at the expense of the subdivider who shall be notified of such deposit by the office of the county recorder. No construction or building shall begin until after the recording of the final plat.
B. No plats shall be recorded in the office of the county recorder and no lots included in such plat shall be sold or exchanged unless and until the plat is so approved, signed and accepted. (Ord 94-5, 9/13/94: prior codes Ord dated 12/11/70 5(E) and 28-3-5)
C. 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 of the city council, unless the time is extended by the city council, shall not be recorded or received for recording and shall have no validity whatever. (Ord 94-5, 9/13/94)
17.12.070 Minor Subdivision ApprovalPreliminary Plat Exception.
A. Subdivisions of four lots or less shall be exempt from the preliminary plat requirements of Section 17.08 of the Pleasant View City Subdivision Ordinance. The developer of a subdivision of four lots or less shall cause to be prepared a final plat of the proposed subdivision meeting the final plat requirements of Section 17.12 of the city subdivision ordinance and submit thirteen copies for review by the city office staff, planning commission, planning consultant, city engineer, city public works, city water superintendent, fire department, Weber County Recorder's Office, Utah Power and Light, Mountain Fuel and Pineview.
B. Additional Standards: Addresses to be put on the final plat. The developer of a subdivision of four lots or less who desires to be exempt from preliminary plat requirements shall include a ten foot utility easement along the front property line and a seven foot utility easement along all other property lines. Additional notations on the final plat may be required on an individual plat basis.
C. City Review and Approval: The planning commission shall receive a city public works report prior to review and making a recommendation for approval or denial to the city council for all final plats of minor subdivisions.
D. Improvements required: Subdivisions of four lots or less that require any improvements to be installed by the subdivider will not be exempted from preliminary plan requirements, unless a deferral of the public improvements, is granted by the city council before review by the planning commission. (Ord 94-9, 11/15/94: prior code Ord 93-17, 11/23/93)
Chapter 17.16 Design Standards
17.16.010 Adjoining Street Systems.
A. New subdivision streets including all utilities required by this ordinance shall be extended to the property line. 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. Half streets along the boundary of land proposed for subdivision will not be permitted. (Res 94-C, 3/22/1994: prior code Ord dated 12/11/70 6(A))
B. Minor streets shall approach the major or collector streets at an angle of not less than eighty degrees. (Ord dated 12/11/70 6(A))
17.16.020 Streets and alleys.
A. Street Dedication. All streets in subdivisions in the city shall be dedicated to the city.
B. Major and collector streets shall conform to the width designated on the master street plan wherever a subdivision falls in an area for which a master street plan has been adopted. For territory where such street plan has not been completed at the time the preliminary plan is submitted to the planning commission, major or collector streets shall be provided as required by the planning commission, with minimum widths of eighty and one hundred feet for major streets and sixty feet for collector streets.
C. Minor streets shall have a minimum width of sixty feet.
D. Cul-de-sacs shall not be longer than five hundred feet measuring from the center line of intersecting street to the center of the turnaround. Each cul-de-sac must be terminated by a turnaround of not less than one hundred feet in diameter. If surface water drainage is into the turnaround, due to the grade of the street, necessary catch basins and drainage systems and easements shall be provided. (Ord 99-3, 2/9/99(part) and Ord 98-12, 11/10/98)
E. 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.
F. Marginal access streets of not less than forty feet in width shall be required paralleling all limited access major streets, unless the subdivision is so designed that lots back onto such major streets.
G. Half-streets proposed along a subdivision boundary or within any part of a subdivision shall not be approved.
H. Standard Street Sections. All proposed streets shall conform to the city street cross-section standards as recommended by the planning commission and adopted by the city council.
I. Street Grades and Alignment-street Grades. Except where due to special circumstances street grades over any sustained length shall not exceed the following percentages; on major public streets, eight percent; on minor and collector streets, twelve percent.
J. Street reverse curves shall have a tangent of at least one hundred feet unless in the opinion of the city engineer and planning commission such is not necessary.
K. Any break or change in alignment of a street centerline shall include a connecting curve. The radius of the curve for the street centerline shall not be less than three hundred fifty feet for major streets, and one hundred feet for minor streets, unless approved otherwise by the city engineer. Vertical curves shall have a minimum length of two hundred feet unless otherwise approved.
L. Property lines at all street intersections shall be rounded with curves having a minimum radius of fifteen feet.
M. Alleys shall have a minimum width of twenty 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.
N. Protection Strips. Where subdivision streets parallel contiguous property of other owners, the subdivider may retain a protection strip of not less than one foot in width between the street and adjacent property, provided, that an agreement with the city and approved by the city attorney has been made by the subdivider, contracting to dedicate the one foot or larger protection strip free of charge to the city for street purposes upon payment by the then owners of the contiguous property to the subdivider of a consideration named in the agreement, such consideration to be equal to the fair cost of the street improvements properly chargeable to the contiguous property, plus the value of one-half the land in the street at the time of the agreement, together with interest at a fair rate from time of agreement until time of subdivision of such contiguous property. (Ord. dated 12/11/70 6 (B))
17.16.030 Blocks.
A. The maximum length of blocks generally shall be thirteen hundred feet and the minimum length of blocks shall be five hundred feet. Blocks over eight hundred feet in length may, at the discretion of the planning commission, be approved with a dedicated walkway through the block at approximately the center of the block. Such walkway shall not be less than ten feet in width.
B. 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.
C. 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. (Ord. dated 12/11/70 6 (C): prior code 28-4-3
17.16.040 Lots.
A. The lot arrangement and design shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related topography, and to existing and probable future requirements.
B. All lots shown on the subdivision plat must conform to the minimum area and width requirements of the zoning title for the zone in which the subdivision is located; or
1. Except as otherwise permitted by the board of adjustment, or
2. Where a public sewer is not available, as required by the State Department of Health as being the minimum area necessary for septic tank disposal or twenty thousand square feet whichever is greater.
C. Each lot shall abut on a public street, dedicated by the subdivision plat or any existing publicly dedicated street, or on a street which has become public by right of use and is more than twenty-six feet wide, except as provided in subsection D of this section. Interior lots having frontage on two streets shall be prohibited except where unusual conditions make other design undesirable.
D. Lot Right-of-Way. Where approved by the board of adjustment, a lot or lots not having frontage on a street as required by the zoning title for the zone in which the subdivision is located but upon a right-of-way, may be included within a subdivision provided the following requirements are met:
1. The planning commission determines that it is impractical to extend streets to serve such lots.
2. The area of the right-of-way shall be in addition to the minimum lot area requirements of the zone in which the lot is located.
3. The grade of any portion of the right-of-way shall not exceed fifteen percent.
4. Lots so created shall be large enough to comply with all yard and area requirements of the zone in which the lot is located.
E. Corner lots shall have an extra width sufficient for maintenance of required building lines on both streets.
F. Sidelines of lots shall be approximately at right angles, or radial to the street line.
G. All remains 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.
H. 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 planning commission by the county recorder.
I. Natural Drainage and Other Easements. The planning commission may require that easements for drainage through his/her and adjoining property be provided by the subdivider, and easements of not less than ten feet in width for water, sewers, drainage, power lines and other utilities shall be provided in the subdivision where required by the planning commission. (Ord. dated 12/11/70 6 (D): prior code 28-4-4)
17.16.050 Parks, School Sites and Public Places.
A. In subdividing property, the planning commission shall give consideration to suitable sites for schools, parks, playgrounds and other areas for similar public use.
B. Such sites shall be indicated on the preliminary plan which shall be referred to the city council and/or school board for their concurring approval.
C. If approved, the site shall be indicated on the approved preliminary subdivision plan returned to the subdivider in order that the city council and/or school board and subdivider may commence negotiations in exercising the option on the site granted by the subdivider to the city or school board at the time of annexation of the land to the city in accordance with the annexation ordinance of the city. (Ord. dated 12/11/70 6(E), prior code 28-4-5)
Chapter 17.20 Improvements
17.20.010 Required Improvements. The owner of any land to be platted as a subdivision shall, at his/her own expense, install or cause to be installed, the following improvements as provided in Section 17.20.020 in accordance with the construction standards adopted by the city council, except for septic tanks which must be installed according to the specifications and under the inspection of the county board of health. (Ord 97-12, 6/24/97)
A. Water Lines. Where an approved public water supply is reasonably accessible or procurable, the subdivider shall install water lines, to make the water supply available to each lot within the subdivision, including laterals to the property line of each lot. The location and size of water mains shall be determined by the city engineer.
B. Sewage Disposal. Where a public sanitary sewer is within two hundred feet or is close enough in the opinion of the city council after recommendation by the city engineer 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 and specifications of, and shall be approved by, the city council and city engineer.
C. Where a public sanitary sewer is not reasonably accessible, the subdivider shall obtain approval from the State Department of Health for sewage disposal by means of a septic tank and drain field for each of the lots. Subdivisions shall furnish to the board of health, a report of percolation tests completed on the property proposed for subdivision in accordance with the regulations of the Utah State Department of Public Health, governing individual sewage disposal systems. A tentative final plat of the subdivision shall accompany the report showing thereon the location of test holes used in completing the tests. Percolation tests shall be completed and reports prepared and signed by a qualified registered sanitarian or licensed engineer not in the employ of the city. Written approval from the board of health shall be submitted to the planning commission before consideration of the final plat.
D. Pressurized irrigation lines, including laterals to the property line of each lot, when installed within the limits of the dedicated streets shall be installed as directed by the city engineer. (Ord.2000-17, 6/20/00; prior code Ord 97-17, 10/28/97)
E. Storm Water. The city council may require the subdivider to dispose of storm water, if in its opinion such provision is deemed necessary. If easements are required across abutting property to permit drainage of the subdivisions, it shall be the responsibility of the subdivider to acquire such easements. (Ord 97-12, 6/24/97)
F. Street Grading and Surfacing and Seal and Chip. All public streets shall be graded and surfaced in accordance with the construction standards adopted by the city council.
G. Curbs and Gutters. Curbs and gutters shall be installed on existing and proposed streets by the subdivider.
H. Street drainage and drainage structures shall be required where necessary in the opinion of the city council after recommendation by the city engineer.
I. Sidewalks shall be installed on both sides of all streets within all approved subdivisions in zone RE-20; provided, however, the city council may waive the sidewalk construction requirements in the following cases:
1. Sidewalks in the rear of lots which back on major streets and are not permitted access to the streets;
2. Cul-de-sac streets of less than three hundred feet in length.
J. Monuments. Permanent monuments shall be accurately set and established at such points as are necessary to definitely establish all lines of the plat except those outlining individual lots. Monuments shall be of a type approved by the city engineer and all subdivision plats shall be tied to a corner or monument of record or established land office survey corner.
K. Street Trees. Street trees may be provided at the option of the subdivider, but when so provided the variety and location of such trees shall be approved by the planning commission.
L. Fire Hydrants. Fire hydrants shall be installed. Such fire hydrants shall be of the type, size, number and installed in such locations as determined by the written recommendation of the chief of the city fire department.
M. Street Signs. The city council will furnish and install all necessary street signs. The cost will be chargeable to the subdivider and must be paid within thirty days after installation.
N. Fencing of Canals. A solid board, chain link or other nonclimbable fence not less than five feet in height shall be installed on both sides of existing irrigation ditches or canals which carry five second feet or more of water, or bordering open reservoirs, railroad right-of-way or nonaccess streets, and which are located within or adjacent to the subdivision, except where the planning commission and city council determines that park areas including streams or bodies of water shall remain unfenced.
O. Staking of Lots. Survey stakes shall be placed at all lot corners so as to completely identify the lot boundaries on the ground. (Ord. dated 10/12/76: Ord. dated 12/11/70 7(B): prior code 28-5-1)
P. Street Lights. Developer shall, at their own cost and expense, as required by the city engineer, erect and install all street lights, poles, cables, wires, pedestals and other street lighting facilities and equipment in such locations and in such manner as required by the city engineer. (Ord 97-12, 6/24/97)
Q. Televiewing Lines. Prior to approval and acceptance by the city, developer shall inspect all sanitary sewer pipe lines by means of remote televiewing equipment and shall record the entire televiewing inspection on video tape or other acceptable reproduction means for review by city officials. (Ord 97-12, 6/24/97)
R. Landscaping Improvements. In commercial, manufacturing and industrial zones, the developer shall at its own cost and expense, install landscape improvements as required by the planning commission. (Ord 01-19, 11/27/01)
17.20.020 Guarantee of Improvements. In lieu of actual installation of the improvements required by this chapter, the subdivider may guarantee the installation thereof by one of the methods specified as follows:
A. The subdivider may furnish and file with the city recorder a bond with corporate surety in an amount equal to the cost, plus fifteen percent of the improvements not previously installed as estimated by the city engineer to assure the installation of such improvements within a period of two years immediately following the approval of the final subdivision plat by the city council, which bond shall be approved by the city council and city attorney.
B. The subdivider may deposit in escrow with an escrow holder approved by the city council, an amount of money equal to the cost plus fifteen percent, of the improvements not then installed as estimated by the city engineer, as aforesaid, under an escrow agreement to assure the installation of the improvements within two years from the approval of the final subdivision plat by the city council as aforesaid. The escrow agreement aforesaid shall be approved by the city council and city attorney and shall be filed with the city recorder.
C. See disclaimer at the end of paragraph C. The subdivider may execute, acknowledge and cause to be recorded in the office of the county recorder of Weber County, Utah, a written agreement with the city which shall specifically provide that it shall be deemed to be covenant running with the subdivided lands for the benefit of the city and shall particularly and accurately describe such lands. By the agreement the subdivider shall further give and grant to the city a lien on the lands to secure performance of the covenant and agreement hereinbefore specified and to secure the installation of all of the improvements required by this chapter within two years from the approval of the final subdivision plat by the city council, together with the payment of all costs, including a reasonable attorney's fee, which the city may incur in enforcing any of the terms and provisions of the agreement. The agreement shall further provide that he/she will not lease or convey any of the subdivided property to anyone whomsoever unless he/she shall first, as a condition precedent thereto, either:
1. Install and pay for all of the improvements aforesaid necessary to the full, effective and practical use and enjoyment thereof by the lessee or grantee of the land so to be conveyed, including but not limited to, all street improvements in front of such property and thence along the dedicated streets to a connection with existing improvements of the same kind or to the boundary of the subdivision nearest the existing improvements, whichever is closer; or
2. File a bond as provided in subsection A of this section, money to secure the installation and/or completion of all uncompleted improvements in subdivision 1 of this subsection; or
3. Deposit in escrow as provide in subsection B of this section, money to secure the installation and/or completion of all uncompleted improvements as in subdivision 1 of this subsection. (Ord. 12/11/70 7(B)(1) and Ord. 2000-8, 3/14/00: prior code 28-5-2)
** As of 9/13/94 the subdivider may not guarantee the installation of the improvements required by the subdivision ordinance by the method of a lien on the lands. Paragraph C will remain enforce for the subdividers which previously elected the method of a lien on the lands to guarantee the installation of the improvements as required by the subdivision ordinance and have previously entered into a lien agreement with the city. (Ord 94-3, 9/13/95)
17.20.021 Attorney's Fees, Engineering Fees and Other Professional Fees and Costs.
A. Fees. All fees incurred by the city for professional services relating to a subdivision shall be passed on directly to the subdivider for payment.
B. Deposit/Refund. At the time of application for a subdivision, the subdivider shall pay to Pleasant View City a deposit of fifty percent of the projected engineering checking, and engineering inspection fees for said subdivision, as determined by the city engineer.At the time of conditional final acceptance, providing that all professional fees have been paid, seventy-five percent of the deposit shall be refunded. The remaining twenty-five percent shall be refunded when the guarantee period has expired and final approval has been granted.
C. Non-payment. Non-payment of professional fees, after sixty days from the invoice date, shall be cause to order all work to cease in said subdivision and denial of building permits for lots in the subdivision until such fees are paid in full. In addition, failure by the subdivider to reimburse the city for attorneys fees, engineering fees and other professional fees and costs incurred by the city in relation to a subdivider's subdivision shall be grounds for denial of approval of subsequent phases of the same subdivision within the city or denial of approval of subsequent subdivision projects within the city.
D. Default. In any legal proceeding brought by the city to collect attorneys fees, engineering fees and other professional fees and costs incurred by the city in relation to a subdividers project, the prevailing party shall recover its costs of court, including attorneys fees.
E. Interest Charge. Any payment not received within thirty days of the billing date will be charged interest at the rate of 1% per month (12% per annum), which interest shall begin accruing as of billing date. (Ord.2000-11, 3/28/00: prior code Ord.96-1, 1/9/96)
17.20.023 Special Exception for Sidewalk.
A. Conditional Acceptance. The city council, in its discretion, may allow the developer an additional one year from the date of conditional acceptance of the off-site improvements to install the sidewalk in the subdivision provided that:
1. The subdivision does not front on a major street where installation of the sidewalks is necessary for the safety of the general citizenry;
2. All lots built on in the subdivision have sidewalk installed on the lot where shown on the construction plan;
3. Sidewalk must be installed prior to the issuance of a Certificate of Occupancy for any dwelling in the subdivision;
4. No more than 75% of the lots are built on in the subdivision. When the percentage of lots built on exceeds 75%, the sidewalk must be installed before any additional building permits are issued;
5. The city shall not conditionally accept any of the sidewalk prior to the installation of all the sidewalk required in the subdivision;
6. The city retains 15% of the escrow funds for the sidewalk until it receives final acceptance by the City Council.
B. Guarantee Period. The developer shall warrant and guarantee that the sidewalk will remain in good condition for a period of two years after the date of conditional acceptance by the city council and shall make all repairs to and maintain the sidewalk in good condition during the guarantee period at no cost to the city. The determination of the necessity for repairs and maintenance or work rests with the city engineer, whose decision upon the matter shall be final and binding on the developer.
C. Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in 17.20.040. (Ord. 99-25, 11/14/99)
17.20.030 Default. In the event the subdivider defaults or fails or neglects to satisfactorily install and pay for the required utilities and improvements within two years from the date of approval of the final plat by the council, the city may declare the bond, escrow or other assurance forfeited, and the city may install and pay for the required improvements or cause them to be installed and paid for, using the proceeds from the escrow account collection of the bond or sale of property to defray the costs thereof. (Ord. dated 12/11/70 7(B)(2): prior code 28-5-3)
17.20.040 Final Inspection and Release. The subdivider shall be responsible for the quality of all materials and workmanship. At the completion of the work upon written request of the subdivider, or not less than thirty days prior to the release date of the bond or lien, an inspection committee appointed by the council shall make an inspection of the public service facilities and shall submit a report to the city council setting forth the condition of such facilities. If the condition thereof is found to be satisfactory, all liens have been paid, all work and material within the dedicated areas has been paid for and signed affidavits filed, and as-constructed plans have been filed, an authorized office of the city shall in writing release the escrow, bond or other assurance. (Ord 98-8, 7/14/98: prior codes Ord. dated 12/11/70 7(B)(3) & 28-5-4)
17.20.050 Covenant and Agreement. The city council is authorized and directed from time to time at the request of the subdivider or his/her successors in interest to release of record from the burden of the covenant and lien aforesaid all lots and parcels of land as to which the covenant and agreement has been fully performed, either by installation of improvements, by the deposit of a bond or the deposit of funds in escrow as aforesaid. The covenant and agreement aforesaid shall be approved as to form by the city council and by the city attorney. The city council is authorized to prescribe by administrative rule or regulation, forms and procedures to insure the orderly, regular and efficient processing of applications for the approval of a proposed subdivision and the strict compliance with the requirements of this title. (Ord. dated 12/11/70 7(B)(4): prior code 28-5-5)
17.20.060 Development by Portions. Whenever the subdivider develops a subdivision a portion at a time as contemplated by subsection C of Section 17.20.020 such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all of the improvements will be made available for the full, effective practical use and enjoyment thereof by the lessees or grantees of any of the lands subdivided with the time specified in this chapter. (Ord. dated 12/11/70 7(B)(5): prior code 28-5-6)
17.20.070 Engineering Checking Fee.
A. In order to minimize the cost of reviewing the plans, drawings and data for compliance with the city ordinances, the subdivider or contractor shall assure themselves that their engineer has read and is completely familiar with the city ordinances relating to subdivisions of lands within the corporate boundaries.
B. The engineering checking fee shall entitle the subdivider or contractor to a preliminary and a final review of the preliminary plat and its supporting data, and a preliminary and final review of the final plat, plans and drawings. Plans and drawings which are incomplete, inaccurate and not in compliance with the ordinance will be returned without action. If plats, plans or drawings are submitted for additional review which require additional work on the part of the city engineer, then the subdivider or contractor shall be required to pay any and all costs incurred by the city for such additional review.
C. All plats, plans or drawings and data required by this title shall be submitted through the city clerk at the city offices for distribution. (Ord. dated 2/13/75 1: Ord. dated 12/11/70 7(C): prior code 28-5-7)
17.20.080 Inspection. The building inspector and city engineer shall inspect or cause to be inspected all buildings, structures, streets, fire hydrants and water supply, and sewer disposal systems in the course of construction, installation or repair. Excavations for fire hydrants and water and sewer mains and laterals shall not be covered over or back-filled until such installations shall have been approved by the city engineer, nor shall any pavement on any street be laid unless and until the city engineer has been notified of the intention and the time and place of the paving and unless and until the engineer has approved the paving of the street in all its aspects. If any such installation is covered after notice to uncover has been issued to the responsible person by the inspector and if any paving of any street is done without prior notification and approval of the city engineer then the subdivider and any other responsible person would be liable for any costs incurred by the city in repairing or replacing the pavement whenever such repair or replacement shall result from inadequate paving by the subdivider or other responsible person. (Ord. dated 12/11/70 7(D): prior code 28-5-8)
17.20.090 Work Guarantee. The subdivider shall warrant and guarantee and post surety bond or escrow in the amount of 10% of the engineering cost estimates submitted to and approved by the city council, that the improvements provided for under Chapter 17 of the Pleasant View Municipal Code, and every part thereof, will remain in good condition for a period of two years after the date of the final inspection release and agrees to make all repairs to and during the time with no cost to the city. The subdivider shall agree that the determination for necessity of repairs and maintenance of the work rests with the city engineer. His/her decision upon the matter shall be final and binding upon the subdivider, but the guarantee required by this section 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 inspection and release, provided, that the city engineer finds the required improvements in good condition, the bond or other security shall be released in writing by the city council and the council shall accept such improvements in behalf of the city for perpetual maintenance. If the condition of material or workmanship show unusual deterioration or does not comply with acceptable standards of durability, the council shall require the subdivider to repair or replace the faulty facility to an approved standard, or if the subdivider shall fail to perform as directed, the council shall declare the subdivider to be in default. (Ord. 93-18, 1/11/93: prior code Ord. dated 12/11/70 8 and 28-5-9)
17.20.095 Default. In the event the subdivider fails or neglects to satisfactorily guarantee the required improvements for the period of two years after the date of the final inspection, the city may declare the escrow, bond or other security forfeited in the amount equal to the repair or replacement of the required improvements, and the city may repair or replace the required improvements or cause them to be repaired or replaced and paid for, using the proceeds from the escrow account, collection of the bond or sale of property to defray the costs thereof. (Ord. 93-18, 1/11/93)
17.20.100 Fee Schedule. The fees for residential development engineering review, park development, subdivision processing planning, sewer connection, development inspection, reinspection, street signs, street excavations, board of adjustment and storm sewer development shall be set by resolution of the city council annually. The resolution shall be in writing, passed at a regular city council meeting by a majority of the city council and shall be posted as required for city ordinances. This section shall prevail over any other inconsistent section of this chapter. (Ord. 79-1 1, 1979: prior code 28-5-10)
A. All subdivision inspections made by Pleasant View City or on behalf of Pleasant View City shall be passed on directly to the subdivider for payment in the amount of $30.00 per hour. Time will be measured in quarter increments. (Res 93-O, 10/26/93)
B. At the time of filing the preliminary subdivision plat, a non-refundable fee in the amount of $20.00 per lot or per living unit (as determined by Pleasant View City) shall be required to be submitted, payable to Pleasant View City. (Res 93-D, 5/11/93 (part))
C. All engineering fees, attorney fees, planning fees and other related charges incurred by the city for reviewing the subdivision plat shall be passed on directly to the subdivider for payment. The city shall be reimbursed for these engineering fees, attorney fees, planning fee and other related charges within ten days of the city's invoice to the subdivider. Nonpayment of the above charges shall be cause to order all work to cease in the said subdivision until such fees are paid in full. In addition, nonpayment of the above charges within thirty days of the billing date are subject to a ten percent late payment charge. (Res 93-D, 5/11/93 (part))
D. Prior to recording the final subdivision plat, the subdivider shall pay to Pleasant View City:
1. Costs that have been incurred by Pleasant View City for the review of all of the subdivision documents.
2. $600 per lot fee in lieu of an approved detention basin. (Res 93-D, 5/11/93 (part))
E. Inspection and testing of the said subdivision during construction shall be done by the city engineer as required. All engineering inspection fees incurred shall be passed on to the subdivider in the same manner as specified for the above charges during the review of the subdivision plat plans. Penalties for nonpayment shall be the same as previously stated. (Res 93-D, 5/11/93 (part): prior codes Res 92-A, 8/25/92 and 91-A, 7/7/91)
17.20.110 Payback Agreement.
A. The city may enter into a payback agreement between the city and a developer who installs improvements or facilities for water, sewer, storm sewer, roads, or parks, where the improvements installed extend, expand, or improve the city's water, 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.
B. The dollar amount of the payback to the developer shall be solely determined by the city under the direction of the city engineer after considering the portion of the improvements or facilities installed that benefit developer's development, and the portion of the improvements or facilities that are specifically over-sized or installed to provide for future development or benefit other landowners or future developers.
C. 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 with a developer the city shall record a notice against the benefitted property with the county recorders office, which notice shall inform the benefitted landowners that at such time as they develop the benefitted property they will be required to pay for a portion of the improvements previously installed.
D. The payback agreement shall not confer a benefit upon any third party and shall be in a form approved by the city attorney's office. The responsibility for payment of the required improvements or facilities shall rest entirely with the developer.
E. The payback agreement shall expire ten 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.
F. If any part of this ordinance 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 ordinance, all parties to the payback agreement shall be released from further responsibility thereunder and shall be relieved from any and all responsibility thereunder (Ord. 96-4, dated 3/26/96)
Chapter 17.24 - Enforcement
17.24.010 Administration. The community development department shall administer the provisions of this title. (Ord. 2006-2, dated 7/11/06)
17.24.020 Appeal of City Actions. Determinations or requirements of the department, the city engineer and the planning commission regarding this title may be appealed to the city council. The city council has final jurisdiction in the approval of development plans and plats and the acceptance of lands and public improvements. The council may delegate all or part of this authority as the council sees fit. Appeals of decisions of the council may go directly to district court. (Ord. 2006-2, dated 7/11/06)
17.24.030 Administrative Actions.
A. Permit Issuance. The department shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all provisions of this title. No officer of the city shall grant any permit or license for the use of any building, structure or land when such land is part of a subdivision which has not been approved and recorded in the county recorder’s office. Any license or permit issued in conflict with this title shall be null and void.
B. Special Developments. In cases where the city has approved a special development (e.g., PRUD, cluster development, business park, or other planned development) with specific design criteria or special development requirements, the city may take action to enforce such design criteria or special development requirements. If the city determines, in its discretion, that: (i) a special development is not proceeding according to the plans approved by the city or according to the language of the documents approved with the special development; or (ii) a proposed building is not consistent with said plans or documents, the city may take any or all of the following actions:
1. Withhold approval of the building permit until either:
a. The Architectural Review Committee of the special development certifies that the proposed building meets the design criteria or special development requirements of the project; or
b. The city determines that the proposed building meets the design criteria or special development requirements of the project.
2. Require the applicant or developer to submit specific plans, specifications, and details of the proposed construction sufficient to allow the city to analyze compliance with the approved design criteria and special development requirements of the project. (Ord. 2006-2, dated 7/11/06)
17.24.040 Violation, Enforcement.
A. Any violation of this title shall be a class C misdemeanor.
B. Enforcement. In addition to any criminal prosecution, the city may pursue any other legal remedy to ensure compliance with this chapter. Such actions may include, but are not limited to;
1. Injunctions, mandamus, abatement, or any other appropriate action;
2. Proceedings to prevent, enjoin, abate, or remove the unlawful use, building, or act;
3. The withholding of permits or approvals. (Ord. 2006-2, dated 7/11/06)
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