A.

The following regulations are established to: 1) provide for orderly development of improvements along streets and the extension of necessary public services; and 2) set other reasonable performance standards for development and maintenance of lands within the Town.

B.

It is the intent and purpose of this article to require that standard improvements are installed for subdivisions, condominium development, and planned unit developments (PUDs).

(Ord. No. 2024-09, 11-13-24)

This article applies to any subdivision, condominium development, and planned unit development.

(Ord. No. 2024-09, 11-13-24)

All engineering work or surveying of property must be performed by or under direction of a licensed professional engineer or land surveyor.

(Ord. No. 2024-09, 11-13-24)

All improvements required under this section must comply with all applicable codes and laws, including without limitation the Americans with Disabilities Act. The subdivider shall provide the following improvements at the subdivider's sole cost:

A.

Sewer disposal systems: A sewer disposal system that meets the requirements of section 8-4-8.

B.

Surface water drainage systems: Each lot, parcel, and subdivision must be serviced by an approved surface water drainage system.

1.

Any development of lots or parcels located along SR-9, or where otherwise called for in the official street plan, if such plan has been adopted, shall include concurrent installation of curb and gutter to specifications provided in the Town's Construction Design Standards and Details Manual. The Town Council may waive this requirement when topography or proximity to the Town does not allow for or warrant the installation of curb and gutter.

2.

Development of lots or parcels otherwise located shall include concurrent installation of an effective surface water drainage system as required under the Construction Design Standards and Details Manual, which may include curb and gutter, culverts, drainage ditches, or other improvements designed to: a) meet the needs of a specific lot or parcel of land; and b) to complement existing drainage systems in the area, as determined by the Town Council and/or the Town Engineer.

C.

Culinary water: Each lot, parcel, and subdivision must be serviced by the Town's culinary water system. Culinary lines must be installed as shown on the preliminary plat. All lines must be consistent with the Construction Design Standards and Details Manual.

D.

Pressurized irrigation lines: Pressurized irrigation lines installed in compliance with the Town's Construction Design Standards and Details Manual shall be required for all lots or parcels of land. The subdivision shall have installed pressurized irrigation lines as shown on the preliminary plat. Notwithstanding the foregoing, pressurized irrigation lines are not required within the FR zone.

E.

Street surfacing: The grading and surfacing of streets as shown on the preliminary plat and in compliance WITH the provisions of Chapter 25 of this title and with other Town standards, as approved by the Town Engineer.

F.

Fire protection: All fire protection requirements for property as required by the State Fire Code.

G.

Landscaping and reseeding: The installation of landscaping, vegetation replacement and reseeding of all graded areas as shown on the preliminary plat and as required by Town ordinances.

H.

Underground utilities: The installation of underground electrical utilities and underground fiber-optic lines.

I.

Street lighting: Street lighting is required only if required under Chapter 15C of this title.

(Ord. No. 2024-09, 11-13-24)

If a subdivider elects to provide a completion assurance in accordance with section 10-14B-6, the subdivider must enter into a subdivision improvement agreement in a form that is approved by the Town Attorney. The Town Attorney may include such provisions as the Town Attorney deems necessary to protect the interest of the Town and the public, including but not limited to provisions related to completion assurances, the design and construction of improvements, inspections of improvements and releases of a completion assurance, criteria for the final acceptance of improvements, warranty period, deadlines for completion, road construction, compliance with law, and indemnification in favor of the Town. No building permit may be issued until the subdivider has submitted a subdivision improvement agreement required under this section.

(Ord. No. 2024-09, 11-13-24)

A final plat must not be approved until the subdivider completes all required landscaping or infrastructure improvements or provides an improvement completion assurance for all required landscaping or infrastructure improvements in accordance with this Chapter. Before a subdivider conducts any development activity or records a plat, the subdivider must complete all required landscaping and infrastructure improvements or provide a completion assurance for all required landscaping and infrastructure improvements. The subdivider shall complete and pay for all required landscaping and infrastructure improvements within 12 months from the date of the final plat approval without cost to the Town. The only acceptable completion assurances are the ones that are specifically provided for in this Chapter. If the subdivider fails to provide the required improvements within 12 months of the preliminary plat approval, and the completion assurance provided under this Chapter is insufficient to complete the improvements, then the subdivider shall pay the Town in the amount of the shortfall. The Town may, at any time before it accepts a landscaping or infrastructure improvement, require the subdivider to execute an improvement warranty for the improvement warranty period (as defined under state law) and post a cash deposit, surety bond, letter of credit, or other similar security, as required by the Town, in the maximum amount allowed under state law.

(Ord. No. 2024-09, 11-13-24)

A subdivider may satisfy the completion assurance requirement of section 10-14B-6 by providing a performance bond that meets the following requirements:

A.

Type and amount of bond: The performance bond must be 100 percent of the estimated cost of the required improvements. The subdivider shall furnish an estimate of the cost of constructing the required improvements under the direction of a registered engineer and this estimate will be reviewed and checked by the Town Engineer. If the Town Council determines, in consultation with the Town Engineer, that the estimate is too low, the Town Council may adjust the estimate based on the Town Engineer's opinion as to the estimated costs. The subdivider must provide a performance bond in the amount of the subdivider's estimate or the amount as adjusted by the Town Council, whichever is higher. The bond must be reviewed and approved by the Town Attorney for acceptance as a completion assurance.

B.

Duration: The duration of the surety bond shall be for 12 months from the date of approval of the preliminary plat.

(Ord. No. 2024-09, 11-13-24)

A subdivider may satisfy the completion assurance requirement of section 10-14B-6 by providing one of the following completion assurances:

A.

Irrevocable letter of credit. The letter of credit shall be irrevocable, issued by a financial institution, of a term sufficient to cover the completion and warranty periods, and reviewed as to form and approved by the Town Attorney. The letter of credit must be payable upon demand by the Town of Springdale. The letter of credit will be payable to the Town of Springdale in full or in part at any time upon presentation of (i) a sight draft drawn on the issuing financial institution to which the Town is entitled to draw pursuant to the terms of the letter of credit; (ii) a certification executed by the Town Manager stating that the subdivider has failed to timely and/or correctly construct the improvements; (iii) the original or a copy of the letter of credit.

B.

Cash bond escrow account. Cash in the form of a cashier's check or bank account in the sole ownership of the Town of Springdale will be escrowed with the Town or with a third-party escrow agent pursuant to a cash bond. The Town may withdraw all of the funds upon presentation of a certification executed by the Town Manager stating that the subdivider has failed to timely and/or correctly construct the improvements. Cash held under this option will draw interest for the benefit of the subdivider.

(Ord. No. 2024-09, 11-13-24)

A.

Default: In the event the subdivider is in default or fails to or neglects to satisfactorily install the required improvements within one year from the date of approval of the preliminary plat, or to pay all liens in connection therewith, the Town Council may declare the bond or other assurance forfeited and the Town may install or cause the required improvements to be installed, using the proceeds of the collection of the bond or other assurance to defray the expense thereof.

B.

Extension: A surety bond or assurance may be extended prior to its lapse for one additional period of six months; provided, that at least 60 days prior to the expiration date, an application for its renewal is filed with the DCD. The applicant shall clearly demonstrate, to the satisfaction of the Planning Commission and Town Council, that in spite of good faith efforts of the applicant, circumstances beyond the applicant's control have prevented the timely pursuit of the project and completion of the necessary requirements within the original time frame. The Planning Commission shall hear such a request at a regularly scheduled Planning Commission meeting and recommend to the Town Council approval, approval with conditions, or denial of the extension. The Town Council will strive to hear such a request at the next regularly scheduled Town Council meeting considering the recommendation of the Planning Commission. The Town Council will approve, approve with conditions, or deny the request within 15 days of the Town Council first reviewing the request.

C.

Ongoing inspections: The Town Engineer or a qualified designee will perform ongoing inspections of the installation of underground utilities, trenching, base compaction for roads and sidewalks, and any other work which requires site inspection and review. The subdivider shall comply with any directives issued by the Town Engineer in connection with these inspections.

D.

Final inspection and release: The subdivider is responsible for the quality of material, workmanship, and condition of all improvements until final release is made by the Planning Commission. At the completion of the work, or at least ten days prior to the release date of the bond or other allowable completion assurance, the Town Engineer shall make a preliminary inspection of the improvements and shall submit a report to the Planning Commission setting forth the conditions of such improvements. If all liens are paid and conditions thereof are found to be satisfactory, the Planning Commission may recommend to the Town Council that it approve the release of the bond or other approved security. Lien waivers from all contractors shall be required in order to determine if the liens are paid. If the condition of materials or workmanship is defective or does not comply with standards of the Town, or if any outstanding liens are not paid, the Town Council may declare the subdivider in default.

E.

Warranty assurance: If after one year all required improvements exhibit no signs of defect, the warranty assurance shall be relinquished to the owner. If defects appear during this period, the owner shall complete the necessary repairs to meet the standards required by the Town Engineer. At the completion of such repairs, the final inspection and release process above shall be required.

F.

Permit issuance, sales during default prohibited: In the event the subdivider is found to be in default or fails to or neglects to satisfactorily install the required landscaping and improvements, it shall be unlawful for any person to receive any further building permits or occupancy permits or to sell or offer to sell any lot within the subject subdivision until all improvements are installed and accepted by this Town, or a formal extension is granted by the Town Council and a new improvement agreement is signed.

G.

Partial releases: A subdivider may receive a partial release of an improvement completion assurance upon request to the Town and upon payment of the Town's reasonable engineering and other costs incurred in considering the request. The Town will grant a request for a partial release only if the Town Engineer determines that the remainder of the completion assurance will be adequate to complete the construction of the landscaping and infrastructure improvements.

(Ord. No. 2024-09, 11-13-24)

A.

The Town shall not open, grade, pave or perform any maintenance on any private or undedicated street or alley, and the Town will refrain from laying utility lines in any street which has not:

1.

Been accepted by the Town as a public street or alley; and

2.

Received the approval of the Planning Commission as part of a final plat of a subdivision, unless an easement is granted; or

3.

Received the necessary recorded easement.

B.

The Town shall not accept or maintain streets or other public ways unless said streets have been constructed in accordance with standards and specifications which have been set forth herein.

(Ord. No. 2024-09, 11-13-24)