North Ogden City Zoning Code

11-24

DEVELOPMENT IN THE HP-1, HP-2 AND HP-3 ZONES

11-24-1: PURPOSE AND INTENT

The purpose and intent of this section is to provide specific regulations and procedures for developments occurring in the Sensitive Land Overlay Zone.

11-24-2: IMPROVEMENTS AND GUARANTEE

Required; Method. The owner of any land which has been laid out, platted and recorded pursuant to the provisions of this title shall at his own expense install the required public improvements within a period of two (2) years from the date the final plat is recorded. The owner shall ensure or guarantee the installation of such improvements by one or a combination of one or more of the following methods designated by the city:
1. Performance Bonds. The developer may furnish and file with the city recorder a corporate surety bond, approved by the city attorney, in an amount equal to the cost of the required public improvements plus ten percent (10%), as estimated by the developer and approved by the City Engineer, to secure the installation of required improvements within two (2) years from the date the final plat is recorded.
2. Deposit in Escrow. The developer may deposit in escrow with an escrow holder approved by the city attorney an amount of money equal to the cost of improvements required plus ten percent (10%), as estimated by the developer, and approved by the City Engineer, under an escrow agreement conditioned for the installation of the improvements within two (2) years from the date the final plat is recorded. The escrow agreement aforesaid shall be approved by the City Council and city attorney and shall be filed with the city recorder.
3. Letters of Credit. The developer may cause the issuance of a letter of credit by a financial institution approved by the city attorney in an amount equal to the cost of the required improvements plus ten percent (10%), as estimated by the developer and approved by the City Engineer, to secure the installation of required improvements within two (2) years from the date the final plat is recorded.
4. Lien Agreement.
  1. The developer shall be required to execute, acknowledge and cause to be recorded in the office of the county recorder a written agreement with the city by which he will covenant and agree not to lease or convey any land located within the subdivision to anyone whomsoever unless he shall first, as a condition precedent thereto, either:
    1. Install and pay for all of the public improvements set forth in this title necessary to the full, effective and practical use and enjoyment thereof by the lessee or grantee of the lands so to be conveyed, including, but not limited to, all street improvements and public utilities in front of such property and thence along the dedicated streets to a connection with existing improvements of the same kind or to the boundary of the subdivision nearest said existing improvements, whichever is closer;
    2. File a bond as provided in subsection A.1 of this section to secure the installation and/or completion of all uncompleted improvements specified in CCNO 12-6; or
    3. Establish an escrow account as provided in subsection A.2 of this section to secure the installation and or completion of all incomplete improvements specified in CCNO 12-6.
  2. The lien agreement shall specifically provide that it shall be deemed to be a covenant running with the land located within the subdivision for the benefit of the city and shall particularly and accurately describe the lands. By the agreement, the developer shall further give and grant to the city a lien on the lands to secure performance of the covenant and agreement and to secure the installation of all of the required improvements, together with the payment of all costs, including reasonable attorney fees, which the city may incur in enforcing any of the terms and provisions of the agreement.
Default; Extension. In the event the developer defaults, fails or neglects to satisfactorily install the required improvements within two (2) years from the date the final plat is recorded, the city may declare the bond or escrow deposit forfeited, and the city may install or cause the required improvements to be installed using the proceeds from the collection of the bond or escrow to defray the expense thereof. The Planning Director may, upon proof of financial, material or labor shortages, extend the completion date for a maximum period of one additional year.

11-24-3: INSPECTION OF IMPROVEMENTS

General Procedure. The City Engineer shall provide the inspection of required improvements during construction and ensure their satisfactory completion. If he finds, upon inspection, that any of the required improvements have not been constructed in accordance with the city construction standards and specifications, the applicant shall be responsible for completing the improvements.
Reduction of Performance Bond or Escrow Funds. The city shall not release nor reduce a performance bond or escrow funds on any required improvement until the developer provides a statement for monies requested signed by the City Engineer noting the improvements have been satisfactorily completed. In no event shall escrow funds or a performance bond be reduced below ten percent (10%) of the principal amount.

11-24-4: ACCEPTANCE OF OFF-SITE IMPROVEMENTS

Conditional Acceptance; Seal Coat.
1. After the completion of all off-site improvements and upon receiving a written statement from the City Engineer that all required improvements have been satisfactorily completed, the City Council shall conditionally accept the improvements for a one-year guarantee period. Such approval shall not be given until the applicant's engineer has certified to the City Engineer, through submission of detailed as built construction plans of the subdivision, indicating location, dimensions, materials, and other information required by the City Engineer, that the layout of the line and grade of all public improvements is in accordance with the construction plans filed with the final plat. The as built plans shall be submitted in ink on reproducible Mylar. A minimum of ten percent (10%) of the total principal amount of the escrow funds or performance bond will be held during this one-year guarantee period.
2. Developer would have option of paying to city the necessary funds to cover cost of seal coat. If this option is taken, conditional acceptance could be given prior to completion of seal coat work by city.
Guarantee Period. The developer shall warrant and guarantee that the improvements provided for hereunder and every part thereof will remain in good condition for a period of one year after the date of conditional acceptance by the City and agrees to make all repairs to maintain the improvements and every part thereof in good condition during the guarantee period at no cost to the city. The guarantee shall extend to and include, but shall not be limited to, the entire street, subgrade base and surface, all pipes, curbs, gutters, approaches, sidewalks, ROW fences and other accessories that are or may be affected by the construction operations. If per inspection by the City Engineer, the work shall be in need of repair, maintenance or rebuilding, the engineer shall cause a written notice to be served upon the developer and thereupon the developer shall undertake and complete such repairs, maintenance or rebuilding. The determination of the necessity for repairs and maintenance of the work rests with the City Engineer, whose decision upon the matter shall be final and binding upon the developer. Upon the developer's failure to perform the required repair work within sixty (60) days from the date of service of such written notice, the city shall have such repairs made, and the cost of such repairs shall be paid out of the ten percent (10%) escrow account held by city.
Final Acceptance. Except for sidewalks and seal coat, final inspection by the City Engineer shall be made eleven (11) months after conditional acceptance or as close as weather conditions permit. All defects as noted in the final inspection report of the City Engineer shall be corrected to the satisfaction of the City Engineer. Final acceptance shall be in writing by the City Council after written approval is received from the City Engineer. After final acceptance by the City Council, the remaining balance in the escrow fund or performance bond shall be released. Final acceptance may be given with respect to seal coat after the developer has deposited with the City such sums as may be necessary to cover the cost of seal coat as determined by the City Engineer. In such event, the city would then assume responsibility for applying or causing the application of the seal coat.

11-24-5: SPECIAL EXCEPTION FOR SIDEWALK INSTALLATION OPTION

Conditional Acceptance. The City Engineer, if requested, shall allow the developer an additional one year from the date of conditional acceptance of the off-site improvements to install the sidewalk in the subdivision; provided, that:
1. The subdivision does not front on a major street where installation of the sidewalks is necessary for the safety of the general public.
2. The developer agrees in writing to the sidewalks being installed prior to the issuance of a certificate of occupancy for any dwelling in the subdivision.
3. The developer agrees that the city shall not conditionally accept any of the sidewalks prior to the installation of the entire sidewalk required in the subdivision.
4. The city retains ten percent (10%) of the escrow funds for the all the sidewalks in the subdivision until it receives final acceptance by the City Engineer.
Guarantee Period. The developer shall warrant and guarantee that the sidewalk will remain in good condition for a period of twelve (12) months after the date of conditional acceptance of the sidewalk by the City Engineer and shall make all repairs to and maintain the sidewalk in good condition during the guarantee period at no cost to the city. The determination of the necessity for repairs and maintenance or work rests with the City Engineer, whose decision upon the matter shall be final and binding on the developer.
Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in CCNO 11-24-4C.

11-24-6: DEFERMENT OF SIDEWALK INSTALLATION OPTION

Deferment. The developer of an individual parcel of land may defer installation of a sidewalk for a specified period of time only if the following criteria is met:
1. There is no existing curb, gutter or sidewalk within 100’ of the subject property lines to tie into;
2. Future development includes sidewalk placement; or
3. There are site condition confirmed by the City Engineer that justify the deferral.
Developer Agreement. In the case of deferment, the Developer shall sign an agreement in conjunction with the building permit that states the following:
1. The Developer, in consideration of the City’s approval of the building permit for the project, and other valuable consideration, hereby agrees to duly construct or install a sidewalk to the specifications of the City of North Ogden development standards, a minimum of five feet wide and the length of the property in the right-of way immediately adjacent to the project and agrees to not object to any special assessment area which would construct sidewalks in the immediate area.
2. The Developer shall record this agreement against the parcels to which the agreement relates so that any individual is placed on notice that the installation shall be required for involvement in the special assessment area for the installation of sidewalk improvements at such later date.
3. Should the Developer fail or refuse to construct the aforesaid sidewalk, nothing herein shall be construed as affecting the City’s right to resort to any and all legal and equitable remedies against the Developer, including specific performance to which the Developer hereby conditionally agrees.
4. In the event there shall be any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorney’s fees, through appeal if necessary.
5. This Agreement shall run with land and shall be binding on the successors of Developer.
6. This Agreement may not be assigned by either party.
7. This Agreement shall become effective upon the execution thereof by both parties hereto.
Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in CCNO 11-24-4C.

11-24-7: ISSUANCE OF PERMITS AND CERTIFICATES

Certificate of Occupancy. The extent of street improvements shall be adequate for vehicular access by the prospective occupancy and by police and fire equipment prior to the issuance of a certificate of occupancy. For purposes of this section, "adequate" shall mean grading and road base (crushed gravel).
Building Permit. No building permit shall be issued, nor liens released for the final ten percent (10%) of lots in a subdivision, until all public improvements required by the City for the plat have been fully completed and conditionally accepted by the City Engineer.

North Ogden City Zoning Code

11-24

DEVELOPMENT IN THE HP-1, HP-2 AND HP-3 ZONES

11-24-1: PURPOSE AND INTENT

The purpose and intent of this section is to provide specific regulations and procedures for developments occurring in the Sensitive Land Overlay Zone.

11-24-2: IMPROVEMENTS AND GUARANTEE

Required; Method. The owner of any land which has been laid out, platted and recorded pursuant to the provisions of this title shall at his own expense install the required public improvements within a period of two (2) years from the date the final plat is recorded. The owner shall ensure or guarantee the installation of such improvements by one or a combination of one or more of the following methods designated by the city:
1. Performance Bonds. The developer may furnish and file with the city recorder a corporate surety bond, approved by the city attorney, in an amount equal to the cost of the required public improvements plus ten percent (10%), as estimated by the developer and approved by the City Engineer, to secure the installation of required improvements within two (2) years from the date the final plat is recorded.
2. Deposit in Escrow. The developer may deposit in escrow with an escrow holder approved by the city attorney an amount of money equal to the cost of improvements required plus ten percent (10%), as estimated by the developer, and approved by the City Engineer, under an escrow agreement conditioned for the installation of the improvements within two (2) years from the date the final plat is recorded. The escrow agreement aforesaid shall be approved by the City Council and city attorney and shall be filed with the city recorder.
3. Letters of Credit. The developer may cause the issuance of a letter of credit by a financial institution approved by the city attorney in an amount equal to the cost of the required improvements plus ten percent (10%), as estimated by the developer and approved by the City Engineer, to secure the installation of required improvements within two (2) years from the date the final plat is recorded.
4. Lien Agreement.
  1. The developer shall be required to execute, acknowledge and cause to be recorded in the office of the county recorder a written agreement with the city by which he will covenant and agree not to lease or convey any land located within the subdivision to anyone whomsoever unless he shall first, as a condition precedent thereto, either:
    1. Install and pay for all of the public improvements set forth in this title necessary to the full, effective and practical use and enjoyment thereof by the lessee or grantee of the lands so to be conveyed, including, but not limited to, all street improvements and public utilities in front of such property and thence along the dedicated streets to a connection with existing improvements of the same kind or to the boundary of the subdivision nearest said existing improvements, whichever is closer;
    2. File a bond as provided in subsection A.1 of this section to secure the installation and/or completion of all uncompleted improvements specified in CCNO 12-6; or
    3. Establish an escrow account as provided in subsection A.2 of this section to secure the installation and or completion of all incomplete improvements specified in CCNO 12-6.
  2. The lien agreement shall specifically provide that it shall be deemed to be a covenant running with the land located within the subdivision for the benefit of the city and shall particularly and accurately describe the lands. By the agreement, the developer shall further give and grant to the city a lien on the lands to secure performance of the covenant and agreement and to secure the installation of all of the required improvements, together with the payment of all costs, including reasonable attorney fees, which the city may incur in enforcing any of the terms and provisions of the agreement.
Default; Extension. In the event the developer defaults, fails or neglects to satisfactorily install the required improvements within two (2) years from the date the final plat is recorded, the city may declare the bond or escrow deposit forfeited, and the city may install or cause the required improvements to be installed using the proceeds from the collection of the bond or escrow to defray the expense thereof. The Planning Director may, upon proof of financial, material or labor shortages, extend the completion date for a maximum period of one additional year.

11-24-3: INSPECTION OF IMPROVEMENTS

General Procedure. The City Engineer shall provide the inspection of required improvements during construction and ensure their satisfactory completion. If he finds, upon inspection, that any of the required improvements have not been constructed in accordance with the city construction standards and specifications, the applicant shall be responsible for completing the improvements.
Reduction of Performance Bond or Escrow Funds. The city shall not release nor reduce a performance bond or escrow funds on any required improvement until the developer provides a statement for monies requested signed by the City Engineer noting the improvements have been satisfactorily completed. In no event shall escrow funds or a performance bond be reduced below ten percent (10%) of the principal amount.

11-24-4: ACCEPTANCE OF OFF-SITE IMPROVEMENTS

Conditional Acceptance; Seal Coat.
1. After the completion of all off-site improvements and upon receiving a written statement from the City Engineer that all required improvements have been satisfactorily completed, the City Council shall conditionally accept the improvements for a one-year guarantee period. Such approval shall not be given until the applicant's engineer has certified to the City Engineer, through submission of detailed as built construction plans of the subdivision, indicating location, dimensions, materials, and other information required by the City Engineer, that the layout of the line and grade of all public improvements is in accordance with the construction plans filed with the final plat. The as built plans shall be submitted in ink on reproducible Mylar. A minimum of ten percent (10%) of the total principal amount of the escrow funds or performance bond will be held during this one-year guarantee period.
2. Developer would have option of paying to city the necessary funds to cover cost of seal coat. If this option is taken, conditional acceptance could be given prior to completion of seal coat work by city.
Guarantee Period. The developer shall warrant and guarantee that the improvements provided for hereunder and every part thereof will remain in good condition for a period of one year after the date of conditional acceptance by the City and agrees to make all repairs to maintain the improvements and every part thereof in good condition during the guarantee period at no cost to the city. The guarantee shall extend to and include, but shall not be limited to, the entire street, subgrade base and surface, all pipes, curbs, gutters, approaches, sidewalks, ROW fences and other accessories that are or may be affected by the construction operations. If per inspection by the City Engineer, the work shall be in need of repair, maintenance or rebuilding, the engineer shall cause a written notice to be served upon the developer and thereupon the developer shall undertake and complete such repairs, maintenance or rebuilding. The determination of the necessity for repairs and maintenance of the work rests with the City Engineer, whose decision upon the matter shall be final and binding upon the developer. Upon the developer's failure to perform the required repair work within sixty (60) days from the date of service of such written notice, the city shall have such repairs made, and the cost of such repairs shall be paid out of the ten percent (10%) escrow account held by city.
Final Acceptance. Except for sidewalks and seal coat, final inspection by the City Engineer shall be made eleven (11) months after conditional acceptance or as close as weather conditions permit. All defects as noted in the final inspection report of the City Engineer shall be corrected to the satisfaction of the City Engineer. Final acceptance shall be in writing by the City Council after written approval is received from the City Engineer. After final acceptance by the City Council, the remaining balance in the escrow fund or performance bond shall be released. Final acceptance may be given with respect to seal coat after the developer has deposited with the City such sums as may be necessary to cover the cost of seal coat as determined by the City Engineer. In such event, the city would then assume responsibility for applying or causing the application of the seal coat.

11-24-5: SPECIAL EXCEPTION FOR SIDEWALK INSTALLATION OPTION

Conditional Acceptance. The City Engineer, if requested, shall allow the developer an additional one year from the date of conditional acceptance of the off-site improvements to install the sidewalk in the subdivision; provided, that:
1. The subdivision does not front on a major street where installation of the sidewalks is necessary for the safety of the general public.
2. The developer agrees in writing to the sidewalks being installed prior to the issuance of a certificate of occupancy for any dwelling in the subdivision.
3. The developer agrees that the city shall not conditionally accept any of the sidewalks prior to the installation of the entire sidewalk required in the subdivision.
4. The city retains ten percent (10%) of the escrow funds for the all the sidewalks in the subdivision until it receives final acceptance by the City Engineer.
Guarantee Period. The developer shall warrant and guarantee that the sidewalk will remain in good condition for a period of twelve (12) months after the date of conditional acceptance of the sidewalk by the City Engineer and shall make all repairs to and maintain the sidewalk in good condition during the guarantee period at no cost to the city. The determination of the necessity for repairs and maintenance or work rests with the City Engineer, whose decision upon the matter shall be final and binding on the developer.
Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in CCNO 11-24-4C.

11-24-6: DEFERMENT OF SIDEWALK INSTALLATION OPTION

Deferment. The developer of an individual parcel of land may defer installation of a sidewalk for a specified period of time only if the following criteria is met:
1. There is no existing curb, gutter or sidewalk within 100’ of the subject property lines to tie into;
2. Future development includes sidewalk placement; or
3. There are site condition confirmed by the City Engineer that justify the deferral.
Developer Agreement. In the case of deferment, the Developer shall sign an agreement in conjunction with the building permit that states the following:
1. The Developer, in consideration of the City’s approval of the building permit for the project, and other valuable consideration, hereby agrees to duly construct or install a sidewalk to the specifications of the City of North Ogden development standards, a minimum of five feet wide and the length of the property in the right-of way immediately adjacent to the project and agrees to not object to any special assessment area which would construct sidewalks in the immediate area.
2. The Developer shall record this agreement against the parcels to which the agreement relates so that any individual is placed on notice that the installation shall be required for involvement in the special assessment area for the installation of sidewalk improvements at such later date.
3. Should the Developer fail or refuse to construct the aforesaid sidewalk, nothing herein shall be construed as affecting the City’s right to resort to any and all legal and equitable remedies against the Developer, including specific performance to which the Developer hereby conditionally agrees.
4. In the event there shall be any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorney’s fees, through appeal if necessary.
5. This Agreement shall run with land and shall be binding on the successors of Developer.
6. This Agreement may not be assigned by either party.
7. This Agreement shall become effective upon the execution thereof by both parties hereto.
Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in CCNO 11-24-4C.

11-24-7: ISSUANCE OF PERMITS AND CERTIFICATES

Certificate of Occupancy. The extent of street improvements shall be adequate for vehicular access by the prospective occupancy and by police and fire equipment prior to the issuance of a certificate of occupancy. For purposes of this section, "adequate" shall mean grading and road base (crushed gravel).
Building Permit. No building permit shall be issued, nor liens released for the final ten percent (10%) of lots in a subdivision, until all public improvements required by the City for the plat have been fully completed and conditionally accepted by the City Engineer.

North Ogden City Zoning Code

11-24

DEVELOPMENT IN THE HP-1, HP-2 AND HP-3 ZONES

11-24-1: PURPOSE AND INTENT

The purpose and intent of this section is to provide specific regulations and procedures for developments occurring in the Sensitive Land Overlay Zone.

11-24-2: IMPROVEMENTS AND GUARANTEE

Required; Method. The owner of any land which has been laid out, platted and recorded pursuant to the provisions of this title shall at his own expense install the required public improvements within a period of two (2) years from the date the final plat is recorded. The owner shall ensure or guarantee the installation of such improvements by one or a combination of one or more of the following methods designated by the city:
1. Performance Bonds. The developer may furnish and file with the city recorder a corporate surety bond, approved by the city attorney, in an amount equal to the cost of the required public improvements plus ten percent (10%), as estimated by the developer and approved by the City Engineer, to secure the installation of required improvements within two (2) years from the date the final plat is recorded.
2. Deposit in Escrow. The developer may deposit in escrow with an escrow holder approved by the city attorney an amount of money equal to the cost of improvements required plus ten percent (10%), as estimated by the developer, and approved by the City Engineer, under an escrow agreement conditioned for the installation of the improvements within two (2) years from the date the final plat is recorded. The escrow agreement aforesaid shall be approved by the City Council and city attorney and shall be filed with the city recorder.
3. Letters of Credit. The developer may cause the issuance of a letter of credit by a financial institution approved by the city attorney in an amount equal to the cost of the required improvements plus ten percent (10%), as estimated by the developer and approved by the City Engineer, to secure the installation of required improvements within two (2) years from the date the final plat is recorded.
4. Lien Agreement.
  1. The developer shall be required to execute, acknowledge and cause to be recorded in the office of the county recorder a written agreement with the city by which he will covenant and agree not to lease or convey any land located within the subdivision to anyone whomsoever unless he shall first, as a condition precedent thereto, either:
    1. Install and pay for all of the public improvements set forth in this title necessary to the full, effective and practical use and enjoyment thereof by the lessee or grantee of the lands so to be conveyed, including, but not limited to, all street improvements and public utilities in front of such property and thence along the dedicated streets to a connection with existing improvements of the same kind or to the boundary of the subdivision nearest said existing improvements, whichever is closer;
    2. File a bond as provided in subsection A.1 of this section to secure the installation and/or completion of all uncompleted improvements specified in CCNO 12-6; or
    3. Establish an escrow account as provided in subsection A.2 of this section to secure the installation and or completion of all incomplete improvements specified in CCNO 12-6.
  2. The lien agreement shall specifically provide that it shall be deemed to be a covenant running with the land located within the subdivision for the benefit of the city and shall particularly and accurately describe the lands. By the agreement, the developer shall further give and grant to the city a lien on the lands to secure performance of the covenant and agreement and to secure the installation of all of the required improvements, together with the payment of all costs, including reasonable attorney fees, which the city may incur in enforcing any of the terms and provisions of the agreement.
Default; Extension. In the event the developer defaults, fails or neglects to satisfactorily install the required improvements within two (2) years from the date the final plat is recorded, the city may declare the bond or escrow deposit forfeited, and the city may install or cause the required improvements to be installed using the proceeds from the collection of the bond or escrow to defray the expense thereof. The Planning Director may, upon proof of financial, material or labor shortages, extend the completion date for a maximum period of one additional year.

11-24-3: INSPECTION OF IMPROVEMENTS

General Procedure. The City Engineer shall provide the inspection of required improvements during construction and ensure their satisfactory completion. If he finds, upon inspection, that any of the required improvements have not been constructed in accordance with the city construction standards and specifications, the applicant shall be responsible for completing the improvements.
Reduction of Performance Bond or Escrow Funds. The city shall not release nor reduce a performance bond or escrow funds on any required improvement until the developer provides a statement for monies requested signed by the City Engineer noting the improvements have been satisfactorily completed. In no event shall escrow funds or a performance bond be reduced below ten percent (10%) of the principal amount.

11-24-4: ACCEPTANCE OF OFF-SITE IMPROVEMENTS

Conditional Acceptance; Seal Coat.
1. After the completion of all off-site improvements and upon receiving a written statement from the City Engineer that all required improvements have been satisfactorily completed, the City Council shall conditionally accept the improvements for a one-year guarantee period. Such approval shall not be given until the applicant's engineer has certified to the City Engineer, through submission of detailed as built construction plans of the subdivision, indicating location, dimensions, materials, and other information required by the City Engineer, that the layout of the line and grade of all public improvements is in accordance with the construction plans filed with the final plat. The as built plans shall be submitted in ink on reproducible Mylar. A minimum of ten percent (10%) of the total principal amount of the escrow funds or performance bond will be held during this one-year guarantee period.
2. Developer would have option of paying to city the necessary funds to cover cost of seal coat. If this option is taken, conditional acceptance could be given prior to completion of seal coat work by city.
Guarantee Period. The developer shall warrant and guarantee that the improvements provided for hereunder and every part thereof will remain in good condition for a period of one year after the date of conditional acceptance by the City and agrees to make all repairs to maintain the improvements and every part thereof in good condition during the guarantee period at no cost to the city. The guarantee shall extend to and include, but shall not be limited to, the entire street, subgrade base and surface, all pipes, curbs, gutters, approaches, sidewalks, ROW fences and other accessories that are or may be affected by the construction operations. If per inspection by the City Engineer, the work shall be in need of repair, maintenance or rebuilding, the engineer shall cause a written notice to be served upon the developer and thereupon the developer shall undertake and complete such repairs, maintenance or rebuilding. The determination of the necessity for repairs and maintenance of the work rests with the City Engineer, whose decision upon the matter shall be final and binding upon the developer. Upon the developer's failure to perform the required repair work within sixty (60) days from the date of service of such written notice, the city shall have such repairs made, and the cost of such repairs shall be paid out of the ten percent (10%) escrow account held by city.
Final Acceptance. Except for sidewalks and seal coat, final inspection by the City Engineer shall be made eleven (11) months after conditional acceptance or as close as weather conditions permit. All defects as noted in the final inspection report of the City Engineer shall be corrected to the satisfaction of the City Engineer. Final acceptance shall be in writing by the City Council after written approval is received from the City Engineer. After final acceptance by the City Council, the remaining balance in the escrow fund or performance bond shall be released. Final acceptance may be given with respect to seal coat after the developer has deposited with the City such sums as may be necessary to cover the cost of seal coat as determined by the City Engineer. In such event, the city would then assume responsibility for applying or causing the application of the seal coat.

11-24-5: SPECIAL EXCEPTION FOR SIDEWALK INSTALLATION OPTION

Conditional Acceptance. The City Engineer, if requested, shall allow the developer an additional one year from the date of conditional acceptance of the off-site improvements to install the sidewalk in the subdivision; provided, that:
1. The subdivision does not front on a major street where installation of the sidewalks is necessary for the safety of the general public.
2. The developer agrees in writing to the sidewalks being installed prior to the issuance of a certificate of occupancy for any dwelling in the subdivision.
3. The developer agrees that the city shall not conditionally accept any of the sidewalks prior to the installation of the entire sidewalk required in the subdivision.
4. The city retains ten percent (10%) of the escrow funds for the all the sidewalks in the subdivision until it receives final acceptance by the City Engineer.
Guarantee Period. The developer shall warrant and guarantee that the sidewalk will remain in good condition for a period of twelve (12) months after the date of conditional acceptance of the sidewalk by the City Engineer and shall make all repairs to and maintain the sidewalk in good condition during the guarantee period at no cost to the city. The determination of the necessity for repairs and maintenance or work rests with the City Engineer, whose decision upon the matter shall be final and binding on the developer.
Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in CCNO 11-24-4C.

11-24-6: DEFERMENT OF SIDEWALK INSTALLATION OPTION

Deferment. The developer of an individual parcel of land may defer installation of a sidewalk for a specified period of time only if the following criteria is met:
1. There is no existing curb, gutter or sidewalk within 100’ of the subject property lines to tie into;
2. Future development includes sidewalk placement; or
3. There are site condition confirmed by the City Engineer that justify the deferral.
Developer Agreement. In the case of deferment, the Developer shall sign an agreement in conjunction with the building permit that states the following:
1. The Developer, in consideration of the City’s approval of the building permit for the project, and other valuable consideration, hereby agrees to duly construct or install a sidewalk to the specifications of the City of North Ogden development standards, a minimum of five feet wide and the length of the property in the right-of way immediately adjacent to the project and agrees to not object to any special assessment area which would construct sidewalks in the immediate area.
2. The Developer shall record this agreement against the parcels to which the agreement relates so that any individual is placed on notice that the installation shall be required for involvement in the special assessment area for the installation of sidewalk improvements at such later date.
3. Should the Developer fail or refuse to construct the aforesaid sidewalk, nothing herein shall be construed as affecting the City’s right to resort to any and all legal and equitable remedies against the Developer, including specific performance to which the Developer hereby conditionally agrees.
4. In the event there shall be any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorney’s fees, through appeal if necessary.
5. This Agreement shall run with land and shall be binding on the successors of Developer.
6. This Agreement may not be assigned by either party.
7. This Agreement shall become effective upon the execution thereof by both parties hereto.
Final Acceptance. Final acceptance of the sidewalk will follow the same procedure as outlined in CCNO 11-24-4C.

11-24-7: ISSUANCE OF PERMITS AND CERTIFICATES

Certificate of Occupancy. The extent of street improvements shall be adequate for vehicular access by the prospective occupancy and by police and fire equipment prior to the issuance of a certificate of occupancy. For purposes of this section, "adequate" shall mean grading and road base (crushed gravel).
Building Permit. No building permit shall be issued, nor liens released for the final ten percent (10%) of lots in a subdivision, until all public improvements required by the City for the plat have been fully completed and conditionally accepted by the City Engineer.