Enoch City Zoning Code

1. Completion of improvements before recordation. If subdivider desires to construct improvements as shown on approved construction drawings prior to recordation:
2. Recordation of the final plat shall not occur until the improvements required in connection with the subdivision have been completed and conditionally accepted. Said final plat shall be submitted to the City and held until the 12-month warranty period commences and then submitted for City approval.
3. Subdivider shall provide guarantee of conditionally accepted improvements in a form acceptable to the City as shown in 12.2700.2702 of this code in the following amount:
4. Ten (10) percent of the total cost of all the required improvements shall be retained by the City during the 12-month warranty period.
5. Recordation before completion of improvements. If the subdivider desires to have a plat recorded prior to construction of improvements, subdivider shall guarantee completion of installation and construction of the required improvements in compliance with all City standards within two years from the date of final plat approval. The subdivider and/or developer shall deposit security with the City to guarantee proper installation of all required improvements in accordance with the plans, specifications, time limitations, and conditions relating thereto as meets with the approval of the City. The amount of the completion assurance shall be 125% of the Engineer’s estimated costs of the improvements.

Completion Assurance shall be executed by financial institutions acceptable to the City, and must be in the form approved by the City. The completion assurance as required by this section must be posted prior to recording. In order to guarantee completion of improvements, subdivider shall provide one of the following types of completion assurances:

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 125 percent of the estimated costs of the improvements not constructed or installed by the subdivider, as determined by an Engineer’s Estimate. 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.
2. Irrevocable letter of credit. The subdivider shall file with the 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 like that required in the escrow agreement.
3. Other guarantee. Such other financial guarantee that may be acceptable to the City Council.

A maximum of 90% of the cash bond or letter of credit shall be eligible for release as the improvements are completed according to the approved engineering drawings. Only one release may be completed every 30 calendar days. 10% of the bond shall be retained until the City improvements in a subdivision are accepted by the City Engineer. The improvements shall not be accepted by the City Engineer until as-built drawings and grading reports are received, and the final inspection by the City Engineer and resulting punch list items are completed by the subdivider.

Escrow: As the required improvements are satisfactorily installed and have been inspected by the City, funds which have been placed in escrow for those improvements will be authorized to be released for payment. Escrow holder is authorized to release funds from this account only after receiving a written release from City. The City is not responsible to determine the party to be paid.

1. Upon completion of construction and installation of all required improvements, the owner of the land shall warrant that said improvements shall be and shall remain free from defects in material and workmanship for a period of 12 months after the date of preliminary acceptance by City.
2. The owner shall be responsible to make all repairs to and maintain the improvements and every part thereof (including but not limited to the entire road base, all pipes, joints, valves, manholes, backfill and compaction as well as the working surface, curbs, gutters, sidewalks, and other accessories) in good working condition during the guarantee period without cost to the City.
3. The City Engineer and City Public Works Director shall determine when repairs and maintenance on completed improvements are necessary. Such decision upon the matter shall be final and binding upon the owner.
4. Whenever, in the judgment of the City Engineer and Public Works Director, repairs and maintenance are necessary, the City shall provide the owner with written notice specifying the repairs to be made or maintenance to be completed and the deadline for doing so, and the owner shall then complete such repairs and maintenance.
5. If the owner fails to complete the necessary repairs and maintenance within thirty (30) days after receiving written notice from the City, the City may have such repairs and maintenance made on its own. In that case, the owner shall be liable to the City for the cost of the repairs and maintenance, plus an additional 25% of the cost of the repairs and maintenance as stipulated damages for such failure on the part of the developer to maintain the improvements. 

1. In order to enforce compliance with this chapter, the Building Official shall not issue any permit for the proposed erection, construction, reconstruction, alteration of any structure, or use of any land until the provisions of this chapter have been meet.
2. No City officer or employee shall issue any permit or license for construction or installation of any building or structure or use on any subdivision lot until the following conditions have been met:
3. Such subdivision plat shall have been approved and recorded in the office of the county recorder.
4. Infrastructure improvements shown on approved construction plans for the subdivision:
5. Have been constructed and installed and preliminarily accepted; or
6. The City has received and accepted an improvement completion assurance for the subdivision in accordance with this chapter, and the following improvements have been constructed, installed, tested, and accepted in accordance with the requirements of the building or fire code:
7. A road base of untreated, compacted, and graded gravel;
8. Sewer, storm drains and storm drain facilities;
9. Curb and gutter unless otherwise not required by this Code;
10. Water system, including water lines and hydrants; and
11. Power lines.
12. All required improvements must be complete within 12 months of notice to proceed.
13. The City may call upon the improvement completion assurance filed with the City for all improvements not completed within 12 months of the notice to proceed or when the first building within the subdivision seeks an occupancy permit, whichever is sooner.
14. It shall be prohibited for anyone to start construction on any building within a subdivision until they have fulfilled the requirements of this chapter.
15. Any license or permit issued in conflict with this chapter shall be null and void.
16. Notwithstanding the provisions of subsection A above, a building permit may be issued for:
17. A single model home in a subdivision, provided that a certificate of occupancy shall not be granted and the model home may not be used or occupied for any reason until the subdivision plat has been approved and recorded.
18. A model home complex within a master planned community with a planned development overlay upon approval by the City Council of an amendment to the development agreement stating the terms and conditions for issuance of the building permit.
19. The provisions of this Section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.

1. Penalty. Any subdivider or other person who shall violate or fail to comply with any of the provisions for this chapter shall be guilty of a class B misdemeanor, and punished as provided by law upon conviction.
2. Validity. If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portion of this chapter.

If construction has not commenced within two (2) years from the date of preliminary plat and/or construction drawing approval, the City shall notify the applicant at the time of construction commencement of the requirement to update the construction drawings, if needed. Such updating of the construction drawings shall be coordinated between the City staff and the applicant. In the event of an appeal to the updating of the construction drawings by the applicant, the City Council shall be the appeal authority. This requirement shall be effective and binding on preliminary plats and construction drawings submitted after February 6, 2008.