The purpose of this chapter is to establish requirements applicable to the construction of public improvements within a subdivision or other development.

(Code 2023, § 10-20-1; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter shall apply to the construction of any public improvements undertaken pursuant to approval of a land use application or other approval granted pursuant to the provisions of this title.

(Code 2023, § 10-20-2; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-20-3; Ord. No. 2017-54, 12-13-2017)

Terrain may not be altered and vegetation may not be removed on the site of proposed subdivision or other development until the subdivision or development has been approved as required by this title or obtained a land disturbance permit from the city engineering department.

(Code 2023, § 10-20-4; Ord. No. 2017-54, 12-13-2017)

1. An applicant shall complete required landscaping and infrastructure improvements and may not engage in any development activity, as defined in HCC chapter 10-3, prior to recordation of a final subdivision plat except as provided in HCC 10-20-6.
2. Within 18 months from the date of the preconstruction meeting described in HCC 10-20-11, public improvements shall be completed in accordance with city standards and specifications and approved plans unless an extension of time for installation of improvements is approved as provided in HCC 10-20-20.

(Code 2023, § 10-20-5; Ord. No. 2017-54, 12-13-2017)

1. Plat recordation authorized. A final subdivision plat may be recorded prior to completion of required public improvements if:
   1. The applicant provides an improvement completion assurance and warranty as required in HCC 10-20-17; and
   2. Complies with the conditions set forth in subsection (B) of this section.
2. Required conditions. Upon compliance with the requirements in subsection (A)(1) of this section, the applicant may engage in development activity authorized by approval of a final subdivision plat subject to the following conditions:
   1. The city engineer approves construction drawings for required public improvements;
   2. The city engineer approves any land disturbance permits required by this Code and any other applicable permits required by this title and city construction codes;
   3. The applicant:
      1. Grants permanent easements and, as needed, temporary construction easements for required utilities;
      2. Provides a site grading plan, erosion control plan, and receipt of appropriate stormwater permit from the state;
      3. Pays inspection, development, and impact fees required for all infrastructure improvements;
   4. The applicant, applicant's contractors, and applicant's design engineer attend a preconstruction meeting with city staff prior to commencement of construction as required by HCC 10-20-11.

(Code 2023, § 10-20-6; Ord. No. 2017-54, 12-13-2017)

1. Improvements required. Except as otherwise provided by this title, it shall be unlawful for any person to receive a building permit authorizing construction on a lot within a subdivision until water, sewer, storm drainage, and all other required underground utilities located under a street surface within the subdivision are installed, inspected, and approved by the city and all streets in the subdivision are rough graded.
2. Building permit issuance. Notwithstanding subsection (A) of this section, a building permit may be issued for a lot within a subdivision prior to installation of all water, sewer, and required utilities, and rough grading of all streets within the subdivision upon a finding by the building official that all of the following conditions are met:
   1. The lot fronts onto a preexisting hard surfaced street;
   2. The main lines for utilities which will service the lot are located within a preexisting improved street or recorded public utility easement;
   3. There is adequate fire flow protection and existing fire hydrants and fire protection devices for the lot as required by relevant city ordinances and the International Fire Code adopted by the city;
   4. There is adequate access to the lot for emergency utility vehicles;
   5. The issuance of the building permit will not threaten public health, safety, and welfare as determined by the building official;
   6. Written approval is obtained from the fire chief and city engineer regarding issuance of the permit;
   7. Written approval is obtained from all public utilities and agencies involved with final subdivision approval; and
   8. Issuance of the permit will not result in the waiver of any improvement completion assurance or other requirements for the subdivision.
3. Occupancy. Human occupancy of a building or structure within a subdivision is prohibited until all necessary utilities are installed and improvements, including paved streets, are adequate to render the subdivision habitable.
4. Sale of land. It shall be unlawful for an applicant to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy will not be permitted until all required improvements are completed.

(Code 2023, § 10-20-7; Ord. No. 2017-54, 12-13-2017)

Design and construction of all infrastructure improvements within a subdivision or other development shall conform to city standards and specifications.

(Code 2023, § 10-20-8; Ord. No. 2017-54, 12-13-2017)

Complete and detailed construction plans and drawings of all improvements, including the plat, in a subdivision or other development, including all street utilities, shall be prepared in conformance with city standards and specifications. Such plans and drawings shall be submitted to the city engineer for review as provided in HCC 10-5-16. Final approval of a subdivision plat or other development shall not be granted until plans have been reviewed and approved by the city engineer.

(Code 2023, § 10-20-9; Ord. No. 2017-54, 12-13-2017)

Construction plans shall conform to applicable requirements of this title, this Code, construction codes, and city standards and specifications.

(Code 2023, § 10-20-10; Ord. No. 2017-54, 12-13-2017)

1. Meeting required. Prior to commencement of any development activity, the applicant and all contractors responsible to build infrastructure improvements shall coordinate a preconstruction meeting with the city engineering department.
2. Purpose. The purpose of a preconstruction meeting is to:
   1. Verify final approval of construction plans or land disturbance permit;
   2. Verify appropriate permits have been obtained from the state;
   3. Determine construction schedule;
   4. Determine names, addresses, and phone numbers of contractors, inspectors, and other persons involved in construction of the public improvements;
   5. Review plans and special conditions or requirements;
   6. Coordinate inspection and testing; and
   7. Discuss city standards and specifications.

(Code 2023, § 10-20-11; Ord. No. 2017-54, 12-13-2017)

Subdivision monuments shall be installed by the applicant as specified by city standards and specifications.

(Code 2023, § 10-20-12; Ord. No. 2017-54, 12-13-2017)

1. Required. Construction work involving installation of public improvements shall be inspected by the city engineer or the engineer's designee. All inspections shall be conducted with reasonable diligence and based on objective inspection standards.
2. Daily inspections. Daily inspections shall be required for:
   1. Laying of street surfacing;
   2. Placing of concrete for curb and gutter, sidewalks, and other structures; and
   3. Laying of drainage pipe, water pipe, valves, hydrants and testing.
3. Underground utilities. Underground utilities shall not be backfilled prior to the city GIS department obtaining a survey of the installed utility line and appurtenances.
4. Periodic inspections. Periodic inspections shall be required for:
   1. Street grading and gravel base;
   2. Excavations for curb and gutter and sidewalks; and
   3. Excavations for structures.

(Code 2023, § 10-20-13; Ord. No. 2017-54, 12-13-2017)

Requests for inspections shall be made to the office of the city engineer by the person responsible for construction. Requests for inspection shall be made one working day prior to the commencement of the work.

(Code 2023, § 10-20-14; Ord. No. 2017-54, 12-13-2017)

Inspections shall be made by the city engineer or the engineer's designee after each phase of construction work is completed. Any faulty work shall be corrected by the applicant or applicant's contractor within 30 days after written notice thereof is given to the applicant and the applicant's contractor.

(Code 2023, § 10-20-15; Ord. No. 2017-54, 12-13-2017)

Upon completion of all public improvements, a complete set of record drawings shall be filed with the office of the city engineer. Such plans shall be provided in 24 inches by 36 inches paper and PDF format as well as electronically in DWG format. All record drawings shall be certified as to accuracy and completeness by the applicant's licensed engineer.

(Code 2023, § 10-20-16; Ord. No. 2017-54, 12-13-2017)

1. Form of agreement. An improvement completion assurance and warranty agreement shall be approved by the city engineer, the form of which shall be approved by the city attorney.
2. Required provisions. An improvement completion assurance and warranty agreement shall include, but is not limited to, the following provisions:
   1. The agreement shall incorporate provisions of this section.
   2. The term of the agreement and security shall be of sufficient length to cover the construction period and required warranty period.
   3. The risk of proceeding with construction of infrastructure prior to recording of a final plat is solely upon the applicant.
   4. Within 18 months from the date the agreement is fully executed by the city and the applicant, public improvements shall be completed in accordance with city standards and specifications and approved plans unless an extension of time for installation of improvements is approved as provided in HCC 10-20-20.
   5. The amount of the security provided to guarantee completion of public improvements, including landscaping when required to be installed with a subdivision or other development, in accordance with the provisions of this title, shall be equal to 110 percent of the city engineer's estimated cost of the improvements or the applicant's reasonable proven cost of completion, as determined by the city engineer.
   6. The final plat or record and all data used to compute the cost of public improvements shall be incorporated by reference.
   7. The city shall have immediate access to security proceeds in the event of default and shall have exclusive control over such proceeds.
   8. The amount of the security may be reduced at intervals determined by the city upon the request of the applicant as improvements are completed.
      1. The amount of the reduction shall be determined by the city.
      2. Such requests may be made only once every 30 days.
      3. No reduction shall be authorized until the city has inspected the improvements and determined they comply with city standards and specifications and approved plans.
      4. All reductions shall be by written authorization of the city with approval of the city engineer.
      5. The amount of the security shall not be reduced below ten percent of the cost of the improvements until:
         1. Final acceptance of the improvements by the city engineer; and
         2. The warranty period set forth in HCC 10-20-19(C) has expired.
   9. If the amount of the security is inadequate to pay the cost of completing public improvements according to city standards and specifications and approved plans, for whatever reason, including previous reductions, the applicant shall be responsible for the deficiency and no further building permits shall be issued until the improvements are completed or a new improvement completion assurance and warranty agreement has been executed and delivered to the city, or other satisfactory arrangements have been made to ensure completion of the remaining improvements, as determined by the city.
   10. If the applicant defaults, the city's cost of administration, cost of obtaining the security proceeds, and cost of completing required improvements, including, but not limited to, administrative, engineering, legal, labor, and materials costs, shall be deducted from any security proceeds. A minimum amount equal to ten percent of the actual cost of improvements shall be retained by the city as payment for its administrative costs expended in drawing on the security. The applicant shall reimburse the city for any deficiencies in security proceeds to pay such costs incurred by the city.
   11. The applicant shall hold the city harmless from any and all liability which may arise as a result of the improvements constructed until the city certifies the improvements are complete and accepts the improvements, subject to the applicant's warranty obligation set forth in HCC 10-20-19.

(Code 2023, § 10-20-17; Ord. No. 2017-54, 12-13-2017)

The applicant shall provide one of the following types of security to guarantee completion of public improvements:

1. A cash bond agreement accompanied by a cashier's check payable only to the city.
2. An escrow agreement and account with a federally insured bank or credit union. If the bank or credit union is located outside of the state and/or requires presentment of a sight draft outside of the state, additional language shall be provided in the escrow agreement allowing for presentment by fax or other electronic means acceptable to the city.
3. A letter of credit agreement and irrevocable standby letter of credit with a federally insured bank or credit union. If the bank or credit union is located outside of the state and/or requires presentment of the sight draft outside of the state, additional language shall be provided in the letter of credit agreement allowing for presentment by fax or other electronic means acceptable to the city.

(Code 2023, § 10-20-18; Ord. No. 2017-54, 12-13-2017)

1. Scope. The applicant shall warrant unconditionally that materials and workmanship of public improvements installed by the applicant comport with city standards and specifications and will not fail in any material respect within the required warranty period.
2. Commencement date. The warranty period shall commence upon the date that all public improvements required by the city to be installed have been completed to the satisfaction of the city, a final inspection of the improvements has been made, and the city has finally accepted the improvements.
3. Warranty period.
   1. Except as provided in subsection (C)(2) of this section, the warranty period for public improvements shall commence on the date of final acceptance and shall continue for a period of one year.
   2. The city may require a two-year warranty period for improvements if the city determines for good cause that a lesser period would be inadequate to protect the public health, safety, and welfare, and the city has substantial evidence on record:
      1. Of prior poor performance of the applicant; or
      2. That the area upon which infrastructure will be constructed contains suspect soil and the city has not otherwise required the applicant to mitigate the suspect soil.
4. Defects. If any defects are found by the city during the warranty period in materials, workmanship, or failure of the improvements to comport with city standards and specifications, the applicant shall promptly resolve such defects and request the city engineer to reinspect the improvements. If the applicant fails to remedy defects during the warranty period, the city may use security proceeds to repair the defects as provided in the improvement completion assurance and warranty agreement. Thereafter the repairs may, at the discretion of the city engineer, be subject to an additional warranty period of up to one year.
5. Security deficiency.
   1. If the cost of repairing defective public improvements exceeds the remaining security amount, the applicant, within ten days of notice thereof, shall:
      1. Pay the deficiency amount to the city; and
      2. Restore the amount of the security to ten percent of the cost of the defective improvements.
   2. The city shall not issue any building permits for a subdivision or other development until the above referenced costs have been paid to the city and the warranty amount of ten percent of the total cost of improvements has been restored.
6. Inspection. At the end of the warranty period, the applicant shall request the city engineer to make a final warranty inspection of all public improvements. If the city engineer verifies that the public improvements are acceptable, the city engineer shall notify the city manager who shall refer the matter to the city council. The city council shall then review the matter and upon approval of the same shall release the balance of the security posted by the applicant under the improvement completion assurance and warranty agreement.
7. Maintenance during warranty period. During the warranty period, the applicant shall be responsible for all aspects of landscape maintenance, including, but not limited to, mowing, trimming, watering, fertilizing, and weed control, including water and electricity costs. The applicant shall also be responsible for hydrant repair, sidewalk repair, storm drain maintenance, road repair, street signs, meter pit damage, utility settling, curb and gutter repair, and street sweeping during the warranty period.

(Code 2023, § 10-20-19; Ord. No. 2017-54, 12-13-2017)

Upon request by the applicant, the time period for completion of required public improvements may be extended for six months by the city manager upon a finding of good cause for such extension. Such approval shall conform to applicable provisions of this chapter and shall be in writing in a form approved by the city attorney.

(Code 2023, § 10-20-20; Ord. No. 2017-54, 12-13-2017)

All public improvements required under this chapter shall be installed by a contractor or subcontractors licensed by the state.

(Code 2023, § 10-20-21; Ord. No. 2017-54, 12-13-2017)

Prior to the issuance of any city permits to install public improvements in a subdivision or other development, the applicant shall file with the city engineer a copy of the bond required by U.C.A. 1953, § 14-2-1 which requires prompt payment for material furnished and labor performed under the applicant's contract with a contractor.

(Code 2023, § 10-20-22; Ord. No. 2017-54, 12-13-2017)