1. The underlying purpose and intent of this chapter is to promote the health, safety, convenience, and general welfare of the inhabitants of the city of Hildale in the division or subdivision of land and related matters affected by each subdivision.
2. Any proposed subdivision and its ultimate use shall be in the best interest of the public welfare and shall be in harmony with good neighborhood development of the area concerned, and the subdivider shall present evidence to this effect when requested to do so by the planning commission.
3. In cases where unusual topographical or other exceptional conditions exist such as sensitive lands, collapsible soils or other conditions necessitating any exceptions from or additional requirements to this chapter, said exceptions or requirements may be set by city council after recommendation by the planning commission and/or the city engineer.

1. No person shall subdivide any tract of land which is wholly or in part within the city boundaries except in compliance with this chapter.
2. 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, or 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 chapter.
3. All lots, plots, or tracts of land located within a subdivision shall be subject to this chapter regardless of whether or not the tract is owned by the subdivider or a subsequent purchaser, transferor, or holder of the land.

The following words and phrases used in this chapter, in addition to those listed in chapter 3 of this chapter, shall have the respective meanings hereafter set forth, unless a different meaning clearly appears from the context:

ADJACENT LANDOWNERS: Any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.

AFFECTED ENTITY: As stated in statute, a county, municipality, independent special district, local district, school district, interlocal cooperation entity, specified public utility, or the Utah department of transportation, if:

1. The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
2. The entity has filed with the municipality a copy of the entity's general or long range plan; or
3. The entity's boundaries or facilities are within one mile of land which is the subject of a general plan amendment or land use ordinance change.

BLOCK: 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.

BONA FIDE DIVISION OR PARTITION OF LAND FOR AGRICULTURAL PURPOSES: The division of a parcel of land into two (2) or more lots none of which is less than five (5) acres in an area, and where no dedication of any street is required to serve any such lots or parcels of land so created.

CITY: Hildale City, Utah.

CITY COUNCIL: The city council of Hildale City, Utah.

CITY ENGINEER: The city engineer of Hildale City, Utah, or a consulting engineering firm designated as the city engineer by the city council.

CITY PLANNER: The professional planner of Hildale City, Utah, or person designated as such by the Hildale City council.

COMMUNICATIONS EASEMENT: An exterior easement for placement of facilities intended to be used in connection with the delivery of multichannel video programming services, cable services, information services, or tele-communications or telecommunications services.

COMMUNICATIONS INFRASTRUCTURE: Facilities planned to be used in connection with the delivery of multichannel video programming services, cable services, information services, telecommunications or telecommunications services, which term shall include, but not be limited to, conduit.

COUNTY: Washington County, Utah.

CULINARY WATER AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

DEDICATION: Land set aside by an owner for any general and public uses.

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

FINAL PLAT: The final drawing of the subdivision and dedication prepared for filing of record with the county recorder and in compliance with all the requirements set forth in this chapter and adopted pursuant thereto.

GENERAL PLAN: A plan, labeled "General Plan of Hildale City", including maps or reports or both, which has been approved by the city council as required by law, or such plan as it may be amended from time to time.

JOINT UTILITY COMMITTEE: A committee consisting of representatives from each major utility provider, including but not limited to water, gas, power, sewer, phone, and public works, and chaired by the Public Works Director.

LOT: A separately delineated parcel of real property having a number and designation shown on a recorded subdivision plat, or a contiguous quantity of real property defined in a deed by metes and bounds which has a separate property identification number according to the records of the county recorder and is not shown on a recorded subdivision plat.

LOT RIGHT OF WAY: A strip of land of not less than twenty six feet (26') wide connecting a lot to a street for use as private access to that lot.

OFFICIAL ZONING MAP: A zoning map adopted by the city council pursuant to the provisions of section 152-9a-501, Utah Code Annotated, 1953, as amended.

OPEN SPACE: Designated land within the subdivision which shall always remain undeveloped, which shall be included in improved parks and recreational areas, or which shall remain all natural.

PERSON: Any individual, corporation, partnership, limited liability company, or partnership, firm, or association of individuals, however styled or designated.

PLANNING COMMISSION: The Hildale City planning commission.

PLAT: A map or depiction of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, and streets, or other divisions and dedications.

SANITARY SEWER AUTHORITY: Colorado City-Hildale City Utility Department.

SECURITY: An escrow agreement, irrevocable letter of credit, or other security instrument given by the subdivider to ensure the proper installation of public improvements.

STREET: A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than twenty six feet (26') wide which has been made public by right of use and which affords the principal access to the abutting property.

Street, Arterial: A street, existing or proposed, which serves or is intended to serve as a major trafficway, and is designated on the general plan as a controlled access highway, major street, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.

Street, Collector: A street, existing or proposed, which is the main means of access to an arterial street system.

Street, Cul-De-Sac: A street which originates from a designated city street with no other outlet and forcing a radius turn area, not to exceed six hundred sixty feet (660') in length without the written approval of the city council, the planning commission and the fire chief.

Street, Private: A right of way or easement in private ownership not dedicated or maintained as a public street.

Street, Residential: A street, existing or proposed, which is supplementary to a collector street and which serves or is intended to serve local needs of a neighborhood.

SUBDIVIDER: Any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity commencing proceedings under this chapter to effect a subdivision for himself or for another.

SUBDIVISION:

1. Includes:
   1. The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat or other recorded instrument; and
   2. Except as provided herein, divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
2. Does not include:
   1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
   2. A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if no new lot is created and the adjustment does not violate applicable land use ordinances; or
   3. A recorded document executed by the owner of record, revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property, or joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances.
      
      The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a "subdivision" as to the unsubdivided parcel of property or subject the unsubdivided parcel to the provisions of this chapter.

All subdivisions shall be required to prepare and receive approval of a preliminary and final plat in accordance with the provisions of this chapter, except as follows:

1. A subdivision creating no more than one new lot may be approved by city staff without the necessity of preparing and filing a preliminary plat or final plat if:
   1. Notice is provided by city as required by this chapter.
   2. The proposed subdivision:
      1. Is not traversed by the mapped lines of a proposed street as shown in the general plan and does not require the dedication of any land for street or other public purposes.
      2. Does not impact an existing easement or right of way or, if it does have an impact, evidence is shown that the impact will not impair the use of any such easement or right of way.
      3. Has been approved by the culinary water authority and sanitary sewer authority.
      4. Is located in a zoned area, and conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.
2. A lot or a parcel resulting from a division of agricultural land is exempt from the plat requirements of this chapter if the lot or parcel:
   1. Meets the minimum size requirement of applicable zoning; and
   2. Is not used and will not be used for any nonagricultural purpose.
3. The creation of a lot under subsection A of this section shall not be approved until a plan for providing utilities and other required improvements to the proposed lot has been reviewed and signed by members of the joint utility committee. No building permit will be issued for said lot until the approved improvements are constructed and accepted.
4. The boundaries of each lot or parcel exempted under subsection A or B of this section shall be described by deed and upon approval of city staff, shall be recorded with the county recorder.

1. Notice Of Proposed Multiple-Unit Residential, Commercial, Or Industrial Development:
   Notice of any public hearing to consider a preliminary plat describing a multiple-unit residential, commercial, or industrial development shall be provided in writing to any affected entity.
2. Notice Of Proposal To Vacate Some Or All Of A Public Street, Right Of Way, Or Easement:
   The legislative body shall hold a public hearing and give notice of the date, place, and time of the hearing at least ten (10) days before the public hearing by:
   1. Mailing notice to the record owner of each parcel that is accessed by the public street, right of way, or easement;
   2. Mailing notice to each affected entity;
   3. Posting notice on or near the street, right of way, or easement in a manner that is calculated to alert the public;
   4. Publishing notice in a newspaper of general circulation in the city; and
   5. Publishing notice on the Utah public notice website.

All applications for preliminary plat approval shall be subject to the following:

1. City and/or applicant shall determine whether proposed subdivision is consistent with current zoning of the property.
2. If proposed subdivision is consistent with zoning designation, the applicant shall meet with planning staff to discuss the proposed project.
3. Applicant shall obtain a preliminary plat application form and complete the application and have a plat prepared by a licensed engineer or surveyor meeting all the requirements for a preliminary plat.
4. Applicant shall submit completed application, preliminary plat, subdivider's agreement pursuant to section 152-39-12 of this chapter, and required fee to planning department on or before deadline for submissions established by the city.
5. Staff shall review application and plat for completeness and obtain comments from joint utility committee.
6. Zoning administrator shall place the item on an agenda for consideration at a public meeting before the planning commission.
7. Applicant or applicant's authorized representative shall appear at the scheduled meeting before the planning commission to discuss the preliminary plat, answer questions, and receive recommendation from planning commission.
8. Planning commission may recommend to the city council approval, disapproval, or approval with conditions.
9. Upon receiving a recommendation from the planning commission, the preliminary plat application will be placed on a city council agenda. Applicant or applicant's authorized representative must appear at the city council meeting when application is on the agenda. In the event the applicant fails to appear at the city council meeting, or if applicant fails to obtain approval from the city council within six (6) months said preliminary plat shall be considered void.
10. City council may approve the plat, approve with conditions, recommend changes, send back to the planning commission, or deny the plat, subject to the following:
    1. The city council shall withhold approval of a preliminary or final plat if the plat contains a communications easement that may have the effect of prohibiting the ability of any person to provide multichannel video programming services, cable services, information services, telecommunications or telecommunications services within the subdivision. An easement including a communications easement that limits the ability of any landowner to access a local utility or franchised cable or telecommunications service provider without payment of a fee to cross the easement violates this section.
    2. The city council shall withhold approval of a preliminary or final plat if the property to be dedicated for streets, roads, rights of way or other parcels intended for the use and benefit of the general public is not provided free and clear of any easements, unless the city council finds that:
       1. The subdivider did not create the easement, and could not reasonably be expected to obtain a release of the easement; an
       2. Acceptance of the easement will not adversely affect the public.
11. Approval of the preliminary plat by the city council shall authorize the subdivider to proceed with the preparation and review of construction drawings and the final plat.
12. After preliminary plat approval from the city council, a complete application for final plat approval must be submitted within one year of the preliminary plat approval date. The planning commission may authorize a onetime extension not to exceed one year, provided that a written request for extension is received by the city before the one year time period has expired.

The preliminary plat shall include or be accompanied by the following:

1. Description:
   In a title block located in the lower right hand corner of the sheet the following is required:
   1. The proposed name of the subdivision.
   2. The location of the subdivision, including the address and the section, township and range.
   3. The names and addresses of the owner or subdivider if other than the owner.
   4. Date of preparation and north point.
   5. Scale shall be of sufficient size to adequately describe in legible form all required elements.
2. Existing Conditions:
   The preliminary plat shall show:
   1. The location of the nearest monument.
   2. The boundary of the proposed subdivision and the acreage included.
   3. All property contiguous to the property to be subdivided and under the control of the subdivider, even though only a portion is being subdivided. (Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective street system of the unplatted parts of the subdivider's land shall be submitted, and the street system of the part submitted shall be considered in light of existing master street plan or other commission studies.) And all property contiguous to the proposed subdivision.
   4. The location, width and names/numbers of all existing streets within two hundred feet (200') of the subdivision and of all prior streets or other public ways, easements, utility rights of way, parks and other public open spaces, within and adjacent to the tract.
   5. The location of all wells and springs or seeps, proposed, active and abandoned, and of all reservoirs or ponds within the tract and at a distance of at least one hundred feet (100') beyond the tract boundaries.
   6. Existing ditches, canals, natural drainage channels and open waterways and proposed realignments.
   7. Contours at vertical intervals not greater than five feet (5').
   8. Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units including fault lines, shallow groundwater, and windblown sand) and recommendations for their mitigation.
3. Proposed Plan:
   The subdivision plans shall show:
   1. The layout of streets, showing location, widths and other dimensions of proposed streets, crosswalks, alleys and easements.
   2. The layout, numbers and typical dimensions of lots. Designation of buildable area is required for each lot.
   3. Parcels of land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision.
   4. Easements for water, sewers, drainage, utilities, lines and other purposes.
   5. Typical street cross sections and street grades where required by the planning commission.
   6. A tentative plan or method by which the subdivider proposes to handle the stormwater drainage for the subdivision.
   7. Approximate radius of all centerline curves on highways or streets.
   8. Each lot shall abut a street shown on the subdivision plat or on an existing publicly dedicated street. (Double frontage or flag lots shall be prohibited except where conditions make other design undesirable.)
   9. All remnants of lots below minimum size left over after subdividing of a larger tract shall be added to adjacent lots or common areas, rather than allowed to remain as unusable parcels.
   10. Where necessary, copies of any agreements with adjacent property owners relevant to the proposed subdivision shall be presented to the planning commission.
   11. A letter from both the local sanitary sewer provider and culinary water provider indicating availability of service.
   12. If the subdivision is to be built in phases, the plat shall show possible phasing lines.
   13. A tentative plan or method for providing nondiscriminatory access to the subdivision for purposes of placement of communications infrastructure, and for purposes of placement of utility infrastructure.
4. Required Copies Of Plans:
   1. Two (2) copies of all full scale drawings.
   2. One copy of each drawing on eleven inch by seventeen inch (11" x 17") sheets or eight and one-half by eleven (81/2 x 11) if the project is small and the plans are legible at that size.

After preliminary plat approval by city council, the applicant shall have construction drawings prepared by a licensed engineer for all on site and required off site improvements in accordance with the following:

1. Final plan and profile must be prepared in accordance with:
   1. Current Hildale City standards and specifications;
   2. Requirements of the Southwest Utah Public Health Department and the state department of environmental quality or other appropriate state agencies; and5. Applicable fire codes.
2. Specific geotechnical recommendations for the design and construction of the proposed subdivision shall include the following if applicable:
   1. A general assessment of the requirements needed to develop on the site.
   2. Site preparation and grading and the suitability of on site soils for use as structural fill.
   3. Stable cut and fill slopes including recommendations concerning the effects of material removal and the introduction of water.
   4. Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible, or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.
   5. Anticipated total and differential settlement.
   6. Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.
   7. Design criteria for restrained and unrestrained retaining or rockery wall.
   8. Moisture protection and surface drainage.
3. Eleven (11) sets of complete drawings must be submitted to the Public Works Director. Construction drawings must contain a signature block for all required utility, City, and Ash Creek Special Service District representatives. Drawings shall be a minimum of twenty two inches by thirty four inches (22" x 34") (full size).
4. Applicant shall request placement on a Joint Utility Committee agenda for initial review of the plans.
5. Applicant or applicant's authorized representative shall attend the Joint Utility Committee meeting when the item is on the agenda. Utility, franchisee, City, and Ash Creek representatives will take copies of plans to redline.
6. All street grades over five percent (5%) shall be noted on the preliminary plat.
7. When redlines are completed, Public Works Director shall prepare a summary of the needed changes and return redlined plans to applicant.
8. Applicant shall then submit three (3) copies of the corrected construction drawings, addressing all redlined items, to the City Engineer for review and possible signature. After City Engineer signs, applicant must obtain all required signatures and return signed plans to Public Works Director for final signature.
9. Construction drawings are valid for twenty four (24) months after final signature. Construction drawings signed more than twenty four (24) months prior to construction of improvements shall be considered expired. For a project where construction has started and all improvements shown on the plan will be constructed, the Public Works Director may permit construction to continue. Construction drawings showing multiple phases of a project are valid only for those improvements constructed within the first twenty four (24) months of approval. New approvals must be obtained and any new standards shall apply for future phases or delayed projects.

Application process:

1. Once construction drawings are approved, applicant shall submit completed final plat application, paper copy of final plat in full size, an electronic copy of the final plat, required fee, and any other required documents to Planning Department.
2. The City Engineer shall review the electronic copy of plat and notify the applicant or applicant's authorized representative of any required changes. Applicant shall make required changes and resubmit electronic and paper copies of final plat, one full size and one (1) eleven inch by seventeen inch (11" x 17") for second review.
3. If plat is approved by City Engineer, he shall sign the plat and return to the Planning Department. If plat is not approved after second submittal, an additional fee must be paid before any subsequent reviews.
4. Upon signature of approved final plat, the final plat application shall be reviewed by the final plat approval staff.
5. Once the final plat approval staff has granted approval of a final plat and a bond or other financial security is in place in accordance with section 152-39-13 of this chapter, the subdivider may schedule a preconstruction meeting with the City Public Works Department. Upon receipt of written notice to proceed from City, construction of the subdivision may proceed. No construction shall be permitted prior to receipt of written notice to proceed.

1. Required Information:
   The final plat shall show:
   1. The name or designation of the subdivision that is distinct from any plat already recorded in the County Recorder's Office, as approved by the Planning Commission.
   2. The boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the owner proposes that any parcel of ground is intended to be used as a street or for another public use, and whether any such area is reserved or proposed for dedication for a public purpose.
   3. The lot or unit reference, block or building reference, street or site address, street name or coordinate address, acreage or square footage of all parcels, units, lots, and the length and width of the blocks and lots intended for sale.
   4. Every existing right-of-way and easement grant of record for communications infrastructure, for underground facilities as defined in section 54-8a-2 of the Utah Code and for other utility facilities. Where the same is granted to a specific entity, that entity must be clearly identified.
   5. True angles and distances to the nearest established street lines or official monument, which shall be accurately described on the plat and shown by appropriate symbols.
   6. All street centerline data must be shown, together with its relationship to the property lines, corners, etc.
   7. The accurate location of all monuments shall be shown on the plat, and shall be identified, including all United States, State, County or other official monuments.
   8. The dedication to the public of all streets and highways included in the proposed subdivision (except approved private streets).
   9. Street monuments to be installed by the subdivider in accordance with the requirements of the City standards. Locations of said monuments shall be approved by the City Engineer and indicated on the subdivider's plat by the appropriate symbols.
   10. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed or covenant for common uses by all property owners.
   11. Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement and maintenance of such streets shall be obtained from the public agency or utility company and entered on the final plat in a form approved by the City Attorney.
   12. The parent parcel number, as shown on the records of the Washington County Recorder in St. George, Utah.
2. Required Forms And Certificates:
   In addition the final plat shall contain the standard forms for the following:
   1. A registered professional land surveyor's signed certificate of survey, together with a statement that:
      1. the surveyor holds a license in accordance with title 58, chapter 22 of the Utah Code, Professional Engineers and Professional Land Surveyors Licensing Act;
      2. the surveyor has completed a survey of the property described on the plat in accordance with section 17-23-17 of the Utah Code and has verified all measurements; and
      3. has placed monuments as represented on the plat.
   2. The owner's certificate of dedication of all streets, roads, rights-of-way or other parcels intended for the use and benefit of the general public.
   3. Mortgagee or other lienholder's consent to record, if applicable.
   4. A notary public's acknowledgment of the signature of the mortgagee or each owner signing the plat.
   5. Certificate of approval from Colorado City-Hildale City Utility Department.
   6. Certificate of approval and acceptance by the City as evidenced by the signature of the Mayor.
   7. Certificate of approval of the City Engineer.
   8. Certificate of approval as to form executed by the City Attorney.
   9. A one and one-half inch by five inch (11/2" x 5") space in the lower right hand corner of the drawing for the use of the County Recorder.
   10. Certificate of approval of the County Treasurer.
3. Other Information Required:
   The following information or documentation shall be submitted with the final plat or prior to recordation:
   1. A statement that all taxes or special assessments payable on all property within the limits of the subdivision are paid in full, or a letter stating that a satisfactory bond has been filed to secure such payment.
   2. An original copy for staff review of the proposed deed restrictions or CC&Rs in proposed final form with signature lines for all owners of any interest in the subdivision who would sign the final subdivision plat must be submitted with final plat application. After being approved by staff this document shall be signed, acknowledged by a notary public, and recorded in the Office of the County Recorder along with the final plat.
   3. An up to date title or subdivision report for the property being subdivided.
   4. A disk of the final plat prepared in "AutoCAD 2004" (or newer format).
   5. Mylar of approved final plat submitted and reviewed for substantial conformance with paper final plat.
4. Requirements For Recordation:
   1. Final plat approval.
   2. Bond or other financial security in place.
   3. Payment of any applicable impact fee.
   4. Three (3) disks of the final plat prepared in "AutoCAD 2004" format or later format as designated from time to time by City Engineer; one disk for the City, one for the County Recorder.
   5. Final title or subdivision report prepared and submitted to the City Attorney.
   6. All signatures must be on the mylar, including property owners of record according to the title report and City officials. The City Attorney shall be the last signer of the mylar just prior to recordation.
   7. Preliminary acceptance by City of all public and private improvements as shown on approved construction drawings.
   8. If submitted mylar shows substantial change from the approved paper final plat, applicant shall submit an application for an amended plat and get approval of the amended plat before recordation will be permitted to occur.
5. Recordation Of Plat:
   Any subdivision plat receiving final approval from the City Council shall be recorded at the Office of the Washington County Recorder within one year of the date of said final approval, unless said period is extended in writing by the City Council. Any approval for any final plat not recorded within said period or extended period shall be deemed to have been revoked and any such final plat shall require new approval from the City Council before recordation.

1. Relation To Adjoining Street Systems:
   1. The arrangements of streets in new subdivisions shall make provision for the continuation of the existing streets to adjoining areas insofar as such may be deemed necessary by the Planning Commission for public requirements. New streets within subdivisions shall not preclude future access to adjoining properties.
   2. Standard residential streets shall approach the arterial or collector streets at an angle of not less than eighty degrees (80°).
2. Fencing:
   1. Where Required:
      A solid masonry, chainlink or other nonclimbable fence not less than six feet (6') in height shall be installed on both sides of existing supply irrigation ditches or canals, or bordering open reservoirs or nonaccess streets, and which are located within or adjacent to the subdivision, except where the planning commission determines that park areas including streams or bodies of water shall remain unfenced.
   2. Prevent Nuisance Or Hazard:
      The planning commission may also require the construction or installation of a fence in any subdivision where the planning commission determines that the absence of a fence may create a nuisance or hazard to the welfare of the residents of the subdivision or the adjoining property.
   3. Agricultural Fencing:
      Unless otherwise waived by affected agricultural property owners, fencing abutting agricultural property shall be required of subdivider. Fence shall be at a minimum, six feet (6') high with posts spaced at eight feet (8') apart. (The agricultural property owner shall have the option of paying the additional cost to create spacing of the post at 6 feet.) Fencing and post material and design shall be approved with the construction drawings. If there was no existing fence, or the existing fence does not protect the new fence, then the subdivider will be required to install and maintain an electrical fence parallel to the new fence.

All applications for a subdivision shall be accompanied by an executed copy of the following agreement, as amended from time to time by the city council. Said agreement shall be substantially in the following form:

SUBDIVIDER'S AGREEMENT WITH Hildale CITY

This agreement is entered into this day of , , between of , County of , State of , hereinafter referred to as "Subdivider," and the City of Hildale, a municipal corporation of the State of Utah, located in Washington County, hereinafter referred to as the "City." Subdivider, on behalf of it/himself, its/his heirs, successors and assigns, hereby acknowledges, covenants and agrees that: (1) it/he has received and read a copy of the Hildale City Subdivision Chapter of the Land Use Code and shall in all respects comply with the provisions contained therein, (2) all on-site and off-site improvements required to be constructed in connection with said subdivision shall be constructed and installed in accordance with the approved construction plans and drawings, and (3) in the event that legal action is required to be taken by Hildale to enforce the terms of this agreement, Subdivider agrees that it/he shall be liable to pay all such legal costs and expenses incurred by Hildale, including court costs and a reasonable attorney’s fee.

DATED this day of,
SubdividerSubdivider
Title

STATE OF UTAH)
: ss.
COUNTY OF WASHINGTON)

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

(SEAL)

NOTARY PUBLIC

Accepted by:
Hildale City Zoning Administrator or Planning Director

All signatures to this agreement, other than for sole proprietorships, shall be accompanied by documentation acceptable to the city attesting to the fact that the signer hereof is authorized by the subdivider to enter into this agreement (e.g., a copy of a corporate resolution, copy of a partnership agreement, etc.).

Subdivider shall guarantee improvements in accordance with the following:

1. Completion Of Improvements Before Recordation:
   If subdivider desires to construct improvements as shown on approved construction drawings prior to recordation:
   1. Recordation of the plat shall not occur until the improvements required in connection with the subdivision have been completed and conditionally accepted.
   2. Subdivider shall provide guarantee of conditionally accepted improvements in a form acceptable to city as shown in subsection C of this section in the following amount:
      1. Ten percent (10%) of the total cost of all the required improvements shall be retained by the city during the twelve (12) month (24 month if applicable) warranty period.
2. Recordation Before Completion Of Improvements:
   If the subdivider desires to have a plat recorded prior to construction of improvements subdivider shall guarantee completion, within two (2) years from the date of final plat approval by the city council, of installation and construction of the required improvements in compliance with all city standards.
3. Form Of Surety:
   In order to guarantee completion of improvements, subdivider shall provide one of the following types of sureties or guarantees:
   1. Escrow:
      The subdivider shall deposit with any insurance company, bank, or savings and loan institution in an escrow account an amount of money equal to at least one hundred fifteen percent (115%) of the estimated costs of the improvements not constructed or installed by the subdivider plus ten percent (10%) of the cost of all the required improvements of the subdivision as a guarantee amount, as determined by the city engineer. The escrow agreement shall be subject to approval by the city attorney and shall be signed by the subdivider, the city, and the escrow holder, and shall contain substantially the following language:
      
      AGREEMENT
      
      The undersigned hereby promises and warrants that it has on deposit in an escrow account for the benefit of Hildale City Corporation, the sum of ($), which represents at least one hundred fifteen percent (115%) of the costs of the engineer's estimated costs for improvements not constructed or installed by the subdivider plus ten percent (10%) of the cost of improvements of the subdivision.
      
      The undersigned hereby agrees that the foregoing sum of money shall be used exclusively for the purpose of paying for the costs of materials, construction, and installation of the improvements required by Hildale City Subdivision Chapter. The undersigned further agrees that the money held in an escrow account shall be paid out to the contractors installing and constructing the required improvements only upon approval of the City. The subdivider shall not withdraw from the escrow account any amount in excess of 100% of the estimated cost of the improvements, but shall pay from other sources any costs for such improvements which exceed the engineers estimate approved by the City.
      
      After all improvements are made, completed and preliminarily accepted by the City, a sum equal to 10% of the estimated costs of improvements shall remain with the escrow holder for a period of 12 months as a warranty that all improvements are installed and inspected to City specifications, and that all defects occurring within the first 12 months (24 months if applicable) are corrected and approved by the City. If, after 12 months (24 months if applicable), all or any part of the required improvements are not installed, constructed, and maintained according to the standards required in the Hildale City Subdivision Ordinance, Hildale City shall notify in writing the subdivider and escrow holder of the defects and shall make demand on the subdivider that the defects be corrected. If the defects are not corrected within 30 days, Hildale City may correct the defects and charge to the escrow holder the costs of correcting the defects.
      
      The escrow holder shall, on receiving reasonable proof from Hildale City of the defect and that Hildale City has incurred the cost of correcting the defect, pay to Hildale City from the escrow account the cost of correcting the defect, and the escrow holder shall be held harmless by the parties by reason of payment to Hildale City.
      
      If, 12 months (24 months if applicable) after preliminary acceptance of the improvements required by City's standards and specifications and shown on approved construction drawings, the required improvements remain substantially free from latent defects, Hildale City shall certify such fact to the escrow holder, and the escrow holder shall release to the subdivider any money still held in the escrow account, and the escrow holder shall be discharged of its obligations to Hildale City.
      
      (Authorized Signature)
      
      The escrow agreement may contain such additional provisions as the parties deem necessary.
   2. Irrevocable Letter Of Credit:

      The subdivider shall file with Hildale City an irrevocable letter of credit from a duly chartered state or national bank or savings and loan institution, which letter shall contain provisions substantially similar to that required in the escrow agreement. The form of the irrevocable letter of credit shall be substantially as follows: Name of Bank: Address: IRREVOCABLE LETTER OF CREDIT To: Hildale City Corporation Date: Letter of Credit No.: Gentlemen: We hereby establish our irrevocable letter of credit in your favor for the account of , , (insert name of subdivider, subdivider's address) up to the aggregate amount of ($ ) (insert amount equal to one hundred fifteen percent, i.e., 115% of the estimated costs of the improvements not constructed or installed by the subdivider plus ten percent [10%] of the cost of all improvements of the subdivision as determined by the Engineer) drawn at sight on , , (insert name of bank, address of bank), accompanied by a statement signed by an officer of Hildale City Corporation as follows: "We certify that the improvements related to the (insert name of subdivision) have not been completed and the defects corrected in accordance with city ordinances and that this drawing represents the amount necessary to complete those improvements." We hereby agree with drawers, endorsers and bona fide holders that all drafts under and in compliance with the terms of this credit will be duly honored upon presentation and delivery of documents as specified to the drawee or drawn and presented at our bank for negotiation on or before (insert completion date plus 90 days). This Irrevocable Letter of Credit automatically renews for a one year term at the end of every term unless the Authorized Bank Officer provides Hildale City written notice of termination thirty (30) days prior to the end of the term. Very Truly Yours, Authorized Bank Officer
      

   3. Other Guarantee:
      Such other financial guarantee that may be acceptable to the city council.
4. Release Of Funds: 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 of those improvements. 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. After all required improvements have been installed, the subdivider shall notify the city and request that the subdivision be granted preliminary acceptance and begin the warranty period. The subdivision will then be inspected by city, and if all improvements have been completed in accordance with city ordinances and specifications, as built plans have been delivered to the public works department, and a final grading plan has been submitted, the city will grant preliminary acceptance. The subdivision will then begin the twelve (12) month (24 month if applicable) warranty period. Ten percent (10%) of the total cost of all the required improvements, as specified above, shall be retained by the city during this warranty Period. All funds in escrow surplus to the warranty amount may then be released by the city. The purpose of retaining the ten percent (10%) warranty amount is to guarantee that the improvements have been installed correctly and that they function properly. If any improvements have not been installed correctly or fail to function properly, and the subdivider fails to correct the deficiencies within thirty (30) days of notification thereof, then upon written notice by the city, escrow shall pay over to the city the amount necessary to complete, repair, or replace said improvements. In the event the costs of completing, repairing, or replacing the unsatisfactory improvements exceed the amount remaining in the escrow account, the subdivider shall, within ten (10) days of notice thereof, pay the excess amount to the city and shall also cause to restore the escrow account or irrevocable letter of credit to the prescribed ten percent (10%) warranty amount. The city shall not issue any building permits for the subdivision until the above referenced excess costs have been paid to the city and the warranty amount (10 percent of the total cost of improvements) has been restored.
   

Upon completion of construction and installation of all required improvements, subdivider shall warrant that said improvements shall be and shall remain free from defects in material and workmanship for a period of twelve (12) months after the date of preliminary acceptance by city, unless said warranty period is extended for a period of up to twenty four (24) months by the city council upon a finding that a warranty period of twelve (12) months is inadequate to protect the public health, safety and welfare for any of the following reasons:

1. The prior poor or substandard performance by the subdivider or contractor responsible for construction and installation of the improvements,
2. The presence or existence of unstable soil conditions within the subdivision or adjacent area,
3. Extreme fluctuations in climatic conditions that would or could reasonably prevent the discovery of substandard or defective performance within a twelve (12) month period, or
4. Any other exceptional reason or circumstances which in good faith is determined by the city council to require a longer warranty period. The subdivider shall be responsible to make all repairs to and maintain the improvements and every part thereof in good working condition during the guarantee period without cost to the city.

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 unless it fully conforms to all provisions of this chapter. No Hildale City officer or employee shall issue any permit or license for any building or structure or use when such land is a part of a "subdivision" as defined herein until such subdivision has been approved and recorded in the county recorder's office, and unless the improvements shown on approved construction plans for the subdivision have been installed and preliminarily accepted, and all other provisions of law have been complied with. Any license or permit issued in conflict with this chapter shall be null and void.

Notwithstanding the above, a building permit for a single model home for the developer of the subdivision for which the final checklist for completion has been issued may be approved by the city council. A certificate of occupancy shall not be granted and the model home may not be used or occupied for any reason until the subdivision has been approved and recorded.

The procedure for consideration and approval of any addition, alteration, modification, or change to an approved plat shall be substantially the same as is required for initial plat approval unless the zoning administrator determines that such addition, alteration, modification, or other change does not constitute a significant change from the intent or effect of the approved plat.

The following fees are hereby established:

1. Preliminary Plat Application Fee:
   At the time of filing of the preliminary plat, the subdivider shall deposit with the city a nonrefundable fee made payable to Hildale City. The city council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the city for the expense of checking and reviewing such final subdivision plats.
2. Final Plat Application Fee:
   At the time of filing the final plat, the subdivider shall deposit with the city a nonrefundable fee made payable to Hildale City. The city council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the city for the expense of checking and reviewing such final subdivision plats, and inspecting subdivision improvements.
3. Habitat Conservation Fee:
   Before plat is released for recordation, subdivider shall pay applicable per acre habitat conservation impact fee to city.
4. Recording Fee:
   At the time of recording the final plat, the subdivider shall be responsible for payment of the recording fee.

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.