A.   This planning and zoning title, including the map, may be amended by the Mapleton City council after said amendments shall have first been submitted for recommendation to the planning commission. For the purpose of establishing and maintaining sound, stable, and desirable development within the city, it is declared to be the public policy that amendments shall not be made to the planning and zoning title and map except to promote more fully the intent of this title and the Mapleton City general plan or to correct manifest errors. Any person seeking an amendment to the planning and zoning title or map shall submit to the planning commission a written petition containing all of the following information:

      1.   Designation of the specific zone change or title amendment desired.

      2.   The reason and justification for such zone change or title amendment, and a statement setting forth the manner in which a proposed amendment or zone would further promote the intent of this title and the Mapleton City general plan.

      3.   A complete and accurate legal description of the area proposed to be rezoned, or a draft of the proposed title amendment.

      4.   The filing fee as established by city resolution.

      5.   If a map amendment is proposed, the following shall also be submitted:

         a.   An accurate plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property subject of the petition, and properties immediately adjacent thereto.

         b.   A concept plan that meets the requirements of section 17.04.020 of this code, unless provided otherwise in this title.

         c.   The signature of the property owner or authorized agent or, in the case of a multiple property rezoning request, the signature of a simple majority of the persons who own property within the area proposed for the zoning map amendment. (Ord. 2006-37, 11-21-2006)

   B.   Upon receipt of a petition by the planning commission, the commission shall hold a public hearing in accordance with the provisions of this title and may approve, conditionally approve, or deny the preliminary project plan. Before recommending an amendment to this title, the planning commission shall determine whether such amendment is in the interest of the public, and is consistent with the goals and policies of the Mapleton City general plan. The following guidelines shall be used to determine consistency with the general plan:

      1.   Public purpose for the amendment in question.

      2.   Confirmation that the public purpose is best served by the amendment in question.

      3.   Compatibility of the proposed amendment with general plan policies, goals, and objectives.

      4.   Potential adverse effects to the city by creating "leapfrog" development or areas away from the existing "core" or center of the city.

      5.   Potential of the proposed amendment to hinder or obstruct attainment of the general plan's articulated policies.

      6.   Adverse impacts on adjacent landowners.

      7.   Verification of correctness in the original zoning or general plan for the area in question.

      8.   In cases where a conflict arises between the general plan map and general plan policies, precedence shall be given to the plan policies.

   C.   The fee provided herein shall not be refundable and shall be applied to the general fund to offset the cost of legal publications, notification of property owners, and the staff time involved in researching the appropriateness of said request and its effect upon the general welfare of the community.

   D.   If a building permit is not issued within one year after rezoning and approval of a final project plan, the final project plan shall expire and be of no further force or effect. Upon written notice from the zoning and planning director, in such cases, the planning commission shall initiate proceedings to revert the subject property to the previous zone designation unless an applicant requests and is granted an extension of time by the planning commission for good cause shown. In the case that the rezone will result in a final subdivision application, if the final plat is not recorded within one year of the approval of the preliminary subdivision plan, the preliminary approval for the subdivision shall expire, and the planning commission shall initiate the same procedure to rezone the property as described above. (Ord. 2002-22, 11-6-2002)

Amendments to this title may be adopted only after a public hearing held in accordance with Utah code. (Ord. 2006-37, 11-21-2006)

In every case where territory becomes a part of the city by annexation, the city council may assign a zoning designation to the territory being annexed. If the city council does not assign a zone at the time the territory is annexed to Mapleton City, the territory annexed to the city shall be zoned to the same zone with which the annexed territory has the longest common boundary in accordance with section 20.04.030 of this code. (Ord. 2002-05, 3-20-2002)

The planning and zoning director shall be charged with the administration and enforcement of this title. The city council may also appoint other officers and inspectors to assist in the administration and enforcement of this title. (Ord. 2002-05, 3-20-2002)

   A.   Permits Required: It shall be unlawful to do any construction or excavation work on any street, curb, gutter or sidewalk within the city, or to cause any building or structure to be constructed, reconstructed, altered or moved without a permit from the city to do so, unless exempted by the international residential and commercial code.

   B.   Permit Application: The application for a permit required by the above subsection shall be signed by the contractor desiring to do the work or his duly authorized agent, and shall provide that the contractor agrees to complete the work in accordance with city construction standards and specification without any cost to the city.

   C.   Permit Fees: A permit fee and an inspection fee shall be paid to the city prior to the issuance of a permit. All fees shall be established by resolution of the city council.

   D.   Contractors To Be Approved: All contractors shall be approved by the city prior to the issuance of any permits upon the submission of the following:

      1.   A current Utah state contractor's license. All work be restricted to that covered by the license.

      2.   Proof of comprehensive general liability insurance. The amount of insurance required shall be the amount required by the bid documents. If no bid documents are involved, the amount of insurance required shall be the amount established by resolution of the city council.

      3.   Proof of workers' compensation insurance.

      4.   A statement that the contractor shall hold harmless, indemnify and defend the city and its officers and employees from any and all liability claims, losses or damages arising or alleged to arise from the work covered by any permit, but not including the sole negligence of the city or its officers or employees.

   E.   Grounds For Denying Permit: The city shall have complete discretion to grant or deny a permit. Consistent problems with a contractor with compliance with this section or with work performance or quality may result in denial of a permit by the city.

   F.   Compliance With The Permit: The contractor shall perform in accordance with the terms of the permit and the specifications in effect at the date of the permit. Time limits may be a condition of the permit.

   G.   Bonding For Damage To Improvements: Prior to issuance of a building permit, the city may, depending on the nature and extent of the construction to occur, and in every case in which is expected that heavy equipment may be used, require a guarantee to be submitted in an amount to be established by the city council to guarantee the repair of any damage caused by the contractor to streets, curb, gutter, sidewalks or other improvements. The nature of the guarantee may be by escrow account, bond or letter of credit from a financial institution acceptable to the city. The duration, and disposition and release of the guarantee, shall be treated in the same fashion as prescribed for the performance bonds, in chapter 17.20 of this code. (Ord. 2002-05, 3-20-2002)

   A.   Purposes: The main purpose of the hold harmless agreement for various geological hazards and high water tables is to inform building permit applicants of potential geological hazards and flooding or ground water problems within Mapleton City. The agreement also releases the city from liability for any damage to homes resulting from high water tables, flooding, debris flow, mudslides, earth shifting, sinking, ground movement, or other similar problems associated with high water tables or unforeseen geological hazards. The second purpose is for the builder, developer or homeowner to take preventive measures rather than remedial measures in dealing with basement or house/dwelling unit designs in known or unknown high water table areas or areas with known or unknown geological hazards.

   B.   Definitions:

   GEOLOGICAL HAZARDS: Anything relating to expansive or collapsible soils, proximity to potential landslide area, proximity to a primary or secondary fault, proximity to an alluvial fan, proximity to an inactive or active landslide area, or any steep slopes.

   HIGH WATER TABLE: Any area that has a water table of a height sufficient to impair construction of a home with a basement or a crawl space or that would place a home in a high probability that it would continually or occasionally have water within it.

   HOLD HARMLESS AGREEMENT: An agreement whereby the building permit applicant acknowledges potential geological hazards and high water tables, mitigates the hazards insofar as is feasible, accepts any risk which remains and releases and agrees to hold the city harmless from any risk associated with building in an area of a high water table and other geological hazards.

   C.   Hold Harmless Agreement: The applicant shall complete a hold harmless agreement which is attached as exhibit A to ordinance 2003-11.

   D.   High Water Table Standards For Basements:

      1.   Prior to the issuance of the building permit with a basement, the applicant(s) shall execute the statement referred to in subsection C of this section, and cause the same to be recorded properly in the office of the Utah County recorder stating that the city will be released and held harmless from all damages or injury resulting from flooding in a high water table area.

      2.   If it is known that a high water table exists prior to the issuance of any building permit with a basement, the applicant shall submit to Mapleton City's building official a certificate from a registered professional engineer indicating the method or design to floodproof the basement. Said design shall be considered acceptable by the professional engineer hired to certify the method used to mitigate flooding of basements.

For the purpose of application a "basement" and/or lowest floor will be presumed to be any floor that has a surface lower than twelve inches (12") above the lowest flow line in the adjacent curb or in the absence of a curb, the crown of the street.

All plans submitted for a high water table area must state the elevation of the lowest floor in relation to the lowest flow line of the curb or the crown of the street whichever is appropriate.

   E.   Geological Standards For New Home Construction: If it is known by Mapleton City, the home builder, the property owner, or the applicant that there are geological hazards on the property, building permit applicant must provide Mapleton City with a geotechnical report prepared in accordance with subsection 18.30.090A of this title. The geotechnical report must be received prior to the issuance of any building permit on the property. (Ord. 2003-11, 3-19-2003, eff. 4-2-2003)

Permits shall not be granted for the construction or alteration of any building or structure or for the moving of a building or structure onto a lot or for the change in use of any land, building, or structure, if such construction, alteration, moving or change in use would be a violation of any of the provisions of this title. No utilities shall be installed to serve such premises if such use would be in violation of this title. (Ord. 2002-05, 3-20-2002)

Before a building permit can be issued to construct, reconstruct, alter, or move in a dwelling, the planning and zoning director must have the following findings:

   A.   The lot or parcel of land is a zoning lot 1 ; and

   B.   Dwellings are a permitted use within the zone in which the zoning lot is located; or a conditional use for a dwelling has been granted for this zoning lot by the planning commission; and (Ord. 2002-05, 3-20-2002)

   C.   All zoning requirements for the zone are being complied with; or variance to the zoning requirements have been granted for this lot by the planning commission. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)

It shall be unlawful to do any construction, excavation work on any street, curb, gutter, sidewalk, sewer line, water line or other infrastructure addition or improvement in Mapleton City without an excavation permit from the city to do so. No work shall be started until a permit is secured. In order to obtain an excavation permit, the contractor must comply with the current city construction standards and specifications.

All permits issued for construction, excavation work on any street, curb, gutter, sidewalk, sewer line, water line or other infrastructure addition or improvement in Mapleton City, for which an excavation permit is required, shall be issued only after approval by the city, and upon posting of a bond in an amount equivalent to an estimated cost of the additions or improvements contemplated in the permit, which amount shall be approved by the city engineer. Said bond may be posted in cash, letter of credit or escrow account. (Ord. 2002-05, 3-20-2002)

All applications for building permits shall be accompanied by a site plan drawn to scale not smaller than one inch equals twenty feet (1" = 20') showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, buildings to be erected and existing buildings on adjacent property and such other information as may be deemed necessary to provide for the enforcement of this title. A careful record of such application and site plans shall be kept in the office of the planning and zoning director. An electronic copy (such as a 3.5 inch floppy disk, a zip disk, or a CD-ROM) of each site plan shall be included with the application. (Ord. 2002-05, 3-20-2002)

No license or permit for uses, buildings or purposes where the same would be in conflict with this title shall be issued. All departments, officials, and public employees vested with the duty and authority to issue licenses or permits shall not issue the licenses or permits which would not be in conformance with the provisions of this title. Any license or permit so issued shall be null and void. (Ord. 2002-05, 3-20-2002)

   A.   It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or to change the occupancy of any building or premises until a certificate of zoning compliance shall have been issued therefor by the planning and zoning director, stating that the proposed use of the building or land conforms to the requirements of this zoning title.

   B.   No nonconforming structure or use shall be changed or extended until a certificate of zoning compliance shall have been issued by the planning and zoning director. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs with the provisions of this title.

   C.   The planning and zoning director shall maintain a record of all certificates of zoning compliance and a copy shall be furnished upon request to any applicant.

   D.   Failure to obtain a certificate of zoning compliance shall be a violation of this title. (Ord. 2002-05, 3-20-2002)

Building permits or certificates of zoning compliance issued on the basis of plans and specifications approved by the planning and zoning director authorizes only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this title. (Ord. 2002-05, 3-20-2002)

It shall be the duty of all architects, contractors and subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any building or structure, to see that a proper permit has been granted before such work is begun. Any such architect, builder, contractor or other person doing or performing any such work without a permit having been issued is in conflict with the requirements of this title and shall be deemed guilty of violation of this title in the same manner and to the same extent that the owner of the premises or the persons for whom such buildings are erected, or altered, and shall be subject to the penalties prescribed in this title for violation. (Ord. 2002-05, 3-20-2002)