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West Point City Zoning Code

17.130 Subdivision

and Development Standards

17.130.010 Purpose and intent.

The purpose and intent of this chapter is to promote the principles of the general plan and the health, safety, convenience and general welfare of the inhabitants of West Point City in the matter of subdivision of land and related matters affected by such subdivision. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.020 General provisions.

The following general requirements and standards apply to the development of property within the boundaries of West Point City:

A. All subdivisions as defined in Utah State Code including lots, plots or tracts of land within West Point’s municipal boundaries are subject to the provisions of this title.

B. No building permits shall be issued for development on any vacant parcel, unless such parcel has been subdivided and platted in accordance with the procedures as set forth in this title.

C. Definitions. The definitions of important terms used in West Point City’s subdivision ordinance (this title) are contained in Chapter 17.10 WPCC.

D. Existing Building Lots. An existing parcel of property does not constitute a building lot.

E. Exemptions from plat requirements for nonbuilding purposes. Any parcel being subdivided for nonbuilding purposes or for agricultural purposes shall be exempt from the requirements of this chapter.

F. Designation of Land Use Authority.

Type of Plat

Preliminary Land Use Authority

Final Land Use Authority

Appeal Authority

Subdivision Plat

Planning Commission

Community Development Director/City Engineer

Hearing Officer

Vacating Public Easements/Right-of-Way

N/A

City Council (Public Hearing)

District Court

Recorded Plat Amendment

N/A

Community Development Director/City Engineer

Hearing Officer

Recoded Plat Amendment (Creating Additional Lots)

Planning Commission

Community Development Director/City Engineer

Hearing Officer

Single Lot Plat

N/A

Community Development Director/City Engineer

Hearing Officer

Flag Lot

Planning Commission

Community Development Director/City Engineer

Hearing Officer

[Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.030 Preapplication meeting.

A. A preapplication meeting provides the subdivider with an opportunity to consult with and receive assistance from the city, various utility companies/districts, and agencies regarding the regulations and design requirements applicable to the proposed subdivision of property. The applicant or applicant’s duly authorized agent may submit a concept plan to the community development department for preapplication review in accordance with the provisions of this chapter.

B. The community development department, upon receipt of the request for a preapplication meeting and a concept plan, shall distribute copies of the plan to such city departments and other agencies as needed for review.

C. The community development department shall arrange a preapplication meeting within 15 business days after the request where input will be provided to guide the concept plan and give initial feedback.

D. Completion of a preapplication meeting shall not constitute an approval, disapproval, or vesting of the proposed subdivision but is intended to give the subdivider general guidance as to the requirements and constraints for subdivider’s proposed subdivision within the city. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.040 Preliminary plat application and review process.

A. An application for a preliminary plat shall be submitted to the community development department in accordance with the provision of this section. The subdivider may meet with staff to verify subdivision requirements and explain development approval process and potential infrastructure needs.

B. A preliminary plat shall be prepared in conformance with the standards, rules and regulations contained herein.

C. No later than 15 business days after the day on which an applicant submits a complete preliminary plat application, the municipality shall complete the initial review of the application, including subdivision improvement plans. All subdivision plan reviews shall be subject to Section 10-9a-604.2, Utah Code Annotated 1953.

D. Preliminary Plat Application and Checklist.

1. Preliminary Plat Application. The following items shall be submitted with the preliminary plat application. The application and all required information shall be submitted electronically:

a. Preliminary plat application form, including owner’s affidavit;

b. Preliminary plat application fee;

c. Agency will serve letters;

d. Draft easements and property owner acknowledgment, if applicable;

e. Preliminary plat;

f. Preliminary subdivision improvement plans;

g. Subdivision phasing plan;

h. Traffic study, if applicable;

i. Wetlands delineation report, if applicable;

j. Draft HOA documents, if applicable;

k. Copy of water shares.

2. Checklist Details.

a. Preliminary Plat.

i. Boundary description;

ii. Location of all proposed lots;

iii. Location of proposed streets;

iv. Location of proposed access points;

v. Phase lines;

vi. North arrow;

vii. Scale bar;

viii. Building envelopes;

ix. Existing easements;

x. Open space;

xi. Data table printed on the preliminary plat. Shall include number of lots, average lot size, minimum lot size, maximum lot size, total acres, calculated density, acres of open space, acres in each phase, and number of lots per phase.

b. Preliminary Subdivision Improvement Plans.

i. Location of existing and proposed utilities;

ii. Parks and amenities;

iii. Off-site improvements;

iv. Storm drainage facilities (i.e., detention ponds);

v. Proposed or required fencing;

vi. Landscape strips along collector roads;

vii. Landscape plan for all public or common areas;

viii. Buffer strip locations;

ix. Contours (maximum of two-foot intervals);

x. Location of existing buildings, ditches, fences, utilities, etc., within the boundaries of the subdivision and within 300 feet of the subdivision;

xi. Show the eventual connection to other existing or master-planned streets;

xii. If adjacent property is owned by the same developer, show a concept plan for the adjacent property.

c. Will Serve Letters. Provide will serve letters from all applicable agencies, including but not limited to:

i. Hooper Water Improvement District;

ii. Hooper Irrigation;

iii. Davis and Weber Canal Co.;

iv. North Davis Sewer District;

v. North Davis Fire District;

vi. Utah Department of Transportation;

vii. Davis County;

viii. Bureau of Reclamation;

ix. Davis County health department.

E. When the application and plans have been reviewed and found to comply with all applicable municipal ordinances and requirements, it shall be placed on the planning commission agenda. Prior to the meeting, staff shall provide a report available to the public and the subdivider at least three days prior to the planning commission meeting.

F. The planning commission shall meet and review the application based on written ordinances and standards. If the preliminary subdivision application complies with all applicable city ordinances, the planning commission shall approve the application. If the preliminary plat is approved, a notice of decision shall be mailed to the applicant at the address or email address given in the application. If the preliminary plat is denied, the community development director shall provide a written letter indicating the findings for denial.

G. Any amendments to the preliminary plat must be approved by the planning commission. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.050 Final plat approval process.

A. Approval of the preliminary plat by the planning commission shall be authorization for the subdivider to proceed with the preparation of the final plat and subdivision improvement plans.

B. The subdivider shall comply with any conditions determined by the planning commission as part of the preliminary plat approval. Compliance with all conditions must be verified by the community development director or designee.

C. Approval of the preliminary plat by the planning commission shall be valid for a maximum period of 24 months after approval. If the final plat has not been submitted within 24 months, then the preliminary plat must again be submitted to the planning commission for reapproval. If there are any significant changes to the plat during the final plat approval process, then the preliminary plat must be amended by the planning commission prior to final plat approval.

D. No subdivision improvements shall be installed prior to final plat approval.

E. Plan and profile drawings must be stamped by a licensed engineer in accordance with the requirements of this title and the West Point City public works standard specifications and drawings. Copies of the plan and profile drawings shall be submitted via an electronic copy.

F. Final Application and Checklist.

1. Final Plat Application. The following items shall be submitted with the final application:

a. Application;

b. Owner’s affidavit;

c. Final plat fee;

d. Agency approval letters. Provide agency approval letters from all applicable agencies, including but not limited to:

i. Hooper Water Improvement District;

ii. Hooper Irrigation;

iii. Davis and Weber Canal Co;

iv. North Davis Sewer District;

v. North Davis Fire District;

vi. Utah Department of Transportation;

vii. Davis County;

viii. Bureau of Reclamation;

ix. Davis County health department;

e. Executed off-site easements and agreements, if applicable;

f. Geotechnical report (stamped by a licensed engineer);

g. Wetlands permit, if applicable;

h. Plat (stamped by a licensed surveyor);

i. Subdivision improvement plans (stamped by a licensed engineer) shall include the following design items:

i. Culinary water;

ii. Sanitary sewer;

iii. Storm drain;

iv. Grading and drainage;

v. Roads;

vi. Irrigation;

vii. Land drain;

viii. Landscaping plan;

j. Storm drainage calculations;

k. Storm water pollution prevention plan (SWPPP);

l. Long term maintenance agreements for any SWPPP components;

m. A copy of any private covenants, conditions and restrictions (CC&Rs);

n. A copy of homeowners association (HOA) declarations.

2. Final Plat Details. The plat shall include the following items:

a. Subdivision name;

b. Section, township, and range;

c. Date prepared;

d. Surveyors certificate;

e. Boundary description;

f. Owner’s dedication;

g. Lines for owner’s signatures with names and titles printed below;

h. Acknowledgement block for each signer;

i. County recorder’s block;

j. Planning commission signature block;

k. Mayor signature block;

l. City engineer signature block;

m. City attorney signature block;

n. Scale bar;

o. North arrow;

p. Notes section with the following:

i. High water table note;

ii. Land drainage zone note;

iii. Zoning designation;

iv. Other notes as applicable;

q. Lot dimensions and area label;

r. Lot address label;

s. Bearing and distance of all street centerlines;

t. Bearing and distance of all lot lines;

u. Bearing and distance of all boundaries (must match boundary description);

v. Public utility easements;

w. Label or indicate setbacks/buildable area on each lot;

x. Labels on all curves, including the radius of any cul-de-sacs;

y. Curve table listing the radius, length, delta, and long chord of all curves;

z. Line table for any lines not labeled on the drawing;

aa. Fifteen-foot radius on all corner lots;

bb. Plat must include all master planned streets shown in the transportation master plan;

cc. Plat must show and dedicate any streets that stub to adjacent properties;

dd. Any designated open space (clearly state who will own the space);

ee. Location of any existing or proposed easements;

ff. Location of any wetland boundaries;

gg. Location of any FEMA floodplain boundaries;

hh. Lots shall be numbered according to phases (phase 1 shall be numbered 101 to 199, phase 2 shall be numbered 201 to 299, etc.).

3. Subdivision Improvement Plan Details. The improvement plans shall include the following:

a. Water.

i. All proposed water lines shown in the plan view;

ii. Pipe size;

iii. Pipe material;

iv. Pipe color;

v. Valve locations;

vi. Fire hydrant locations;

vii. Detail drawings of any unique components;

viii. Meter boxes shown at each lot/unit;

ix. Labels for all bends and fittings;

x. Thrust blocks detail and locations;

xi. Locations of any casings;

xii. Labels for the vertical distance between the water line and any crossings over a sewer line. (This includes water service lines);

xiii. Show service lines to each lot/unit;

xiv. Location of any blow-off valves;

xv. Location of any air vac valves;

xvi. Location of any master meters (normally in HOA or PRUD subdivisions);

xvii. Location of connects to the existing water system;

xviii. Standard alignment in street as shown in the public works standard specifications and drawings.

b. Sewer.

i. All proposed sewer lines shown in plan view;

ii. All proposed sewer lines shown in profile view;

iii. Pipe material;

iv. Pipe size;

v. Pipe slope;

vi. Pipe color;

vii. Standard alignment in street as shown in the public works standard specifications and drawings;

viii. Manhole location, size, and material;

ix. Label distance between manholes;

x. Label manhole elevations (rim, flowline in, flowline out);

xi. Service laterals;

xii. Sizing calculations;

xiii. Connection to existing;

xiv. Detail drawings of any unique components;

xv. Trench detail;

xvi. Location of all wyes and service lateral to each lot/unit.

c. Storm Drain.

i. All proposed sewer lines shown in plan view;

ii. All proposed sewer lines shown in profile view;

iii. Pipe material;

iv. Pipe size;

v. Pipe slope;

vi. Sizing calculations;

vii. Drainage plan;

viii. Catch basin locations;

ix. Catch basin elevations (rim, flowline in, flowline out);

x. Manhole and cleanout location, size, and material;

xi. Manhole elevations (rim, in, out);

xii. Detention pond details and sizing calculations;

xiii. Detention control structures detail drawings;

xiv. Detention pond landscape details;

xv. Detail drawings of any unique components;

xvi. Trench detail;

xvii. SWPPP Plan (can be a separate document);

xviii. Eightieth percentile storm calculations;

xix. BMP detail drawings.

d. Secondary Water.

i. All proposed sewer lines shown in plan view;

ii. All proposed sewer lines shown in profile view;

iii. Pipe material;

iv. Pipe size;

v. Pipe slope;

vi. Pipe color;

vii. Standard alignment in street as shown in the public works standard specifications and drawings;

viii. Valve locations;

ix. Drain locations;

x. Service lines shown to each lot/unit;

xi. Meter box locations;

xii. Detail drawings of any unique components;

xiii. Trench detail;

xiv. Thrust blocks details and locations.

e. Land Drain.

i. All proposed sewer lines shown in plan view;

ii. All proposed sewer lines shown in profile view;

iii. Pipe material;

iv. Pipe size;

v. Pipe slope;

vi. Pipe color;

vii. Standard alignment in street as shown in the public works standard specifications and drawings;

viii. Standard alignment in street;

ix. Manhole location, size, and materials;

x. Label manhole spacing;

xi. Manhole elevations (rim, flowline in, flowline out);

xii. Show service laterals to each lot/unit;

xiii. Connection to existing land drain or storm drain;

xiv. Detail drawings of any unique components.

f. Streets.

i. Standard cross section;

ii. Temporary turnarounds;

iii. Signage and striping;

iv. Detail drawings of any unique components;

v. Curb details;

vi. Sidewalk details;

vii. Cul-de-sacs dimensions.

g. Grading Plan.

i. Contours (two-foot minimum increments);

ii. Yard drains;

iii. Drainage easements (to be shown on the plat).

h. Irrigation.

i. All proposed sewer lines shown in plan view;

ii. All proposed sewer lines shown in profile view;

iii. Pipe material;

iv. Pipe size;

v. Pipe slope;

vi. Pipe color;

vii. Manhole and cleanout location, size, and material;

viii. Manhole elevations (rim, in, out);

ix. Detail drawings of any unique components.

i. Landscape Plan.

i. Detail drawings of any proposed entry landscaping;

ii. Planting details for all proposed landscaped areas;

iii. Landscape irrigation plan and details.

j. Others.

i. Show existing and proposed fencing;

ii. Street lights;

iii. Mailboxes.

G. The subdivider shall submit copies of the final plat to applicable agencies and provide approval letters as part of a complete application submission checklist.

H. The community development director or designee shall manage the final plat approval process.

I. No later than 20 business days after the day on which an applicant submits a plat, staff shall complete a review of the subdivider’s final subdivision land use application. All subdivision plan reviews shall be subject to Section 10-9a-604.2, Utah Code Annotated 1953.

J. The city engineer will review the final plat and subdivision improvement plans and will provide addresses for the lots on the final plat. The city engineer shall notify the community development director when and if the plat conforms to this title and applicable ordinances.

K. The community development director or designee shall review the plans for conformance to this title and applicable ordinances.

L. When all aspects of the final plat have been satisfied, the community development director and city engineer shall provide an approval letter. If approved, the subdivider shall submit an electronic copy of the final drawings and a Mylar copy of the plat signed and stamped by a registered professional land surveyor.

M. The approval of the final plat shall expire if it is not recorded within 24 months from the date of final approval.

N. After the final plat is approved, the subdivider, contractors and other representatives shall meet with the engineering department in a preconstruction conference. The subdivider may then begin installing improvements.

O. If guarantees of the installation of public improvements are needed or required as outlined in WPCC 17.130.110, the subdivider shall submit a cost estimate of the improvements. The city engineer will review the cost estimate for public improvements, then the subdivider shall submit an executed escrow agreement to the city engineer.

P. The subdivider submits a current title report to the community development director.

Q. When the requirements above are met, the final plat shall be signed by the mayor and city recorder.

R. The city attorney will review the documents submitted to ensure compliance prior to signing the plat.

S. The city will then have the final plat recorded at the office of the Davis County recorder. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.060 Subdivision plat amendments.

A. Plat amendments to combine two lots or adjust a property line shall be approved by the community development director. Any plat amendment that creates new lots shall follow the regular subdivision process with a preliminary and final plat.

B. Plat amendments involving the vacation of a public street or municipal utility easement shall be processed according to Section 10-9a-609.5, Utah Code Annotated 1953. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.070 Single lot subdivisions.

The community development director shall combine the preliminary and final approvals into one final plat approval. Final approval is granted by the community development director. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.090 Subdivision design standards.

A. Streets.

1. General Street Requirements.

a. The arrangement of streets in new subdivisions shall make provisions for the continuation of the existing streets, curbs, gutters, and sidewalks in adjoining areas (or their proper protection where adjoining land is not subdivided). The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide convenient access to it.

b. Arterial, collector and/or residential streets shall conform to the width designated in the West Point City transportation master plan which is part of the general plan. The streets shall also conform to the West Point City public works standard specifications and drawings.

c. All streets in subdivisions in West Point City shall be dedicated to the city, except private streets.

2. Private Street Standards.

a. Private streets shall only be allowed in multifamily developments within the R-5 zone or R-6 zone. Private streets shall also be allowed in commercial developments.

b. Private streets shall not be allowed when providing access to a public or quasi-public facility such as a park, school, church, library, trailhead, etc. Private streets shall not be allowed when intended to serve through traffic from one public street to another public street.

c. Private streets shall conform to the West Point City public works standard specifications and drawings. Private streets shall include the following types and details:

Type

ROW Width

Asphalt Width

Sidewalk

Curb

Allowed Units/Lots

Rear Access

Private Road

50'

See PW Standards

Yes

Yes

N/A

No

Private Lane

25'

See PW Standards

No

Yes

15

No

Private Alley

25'

See PW Standards

No

Yes

15

Yes

d. Ownership, Maintenance, and Financial Plan for Private Streets. The private street property shall be surveyed and recorded with the county. The private street shall be owned, maintained, and managed by a private entity such as a homeowners association. A means of perpetual maintenance shall be demonstrated to the satisfaction of the planning commission before a private street may be approved. The managing entity shall prepare and follow a maintenance plan that identifies, schedules, and performs regular maintenance duties, as well as a time horizon for eventual roadway reconstruction. The cost of maintenance and reconstruction must be annualized and collected into an escrow account to ensure the roadway is maintained into perpetuity. The requisite maintenance plan shall identify a schedule of activities required to maintain a safe and well-functioning roadway, including but not limited to:

i. Annual maintenance (every year), such as pothole patching, street sweeping, line striping, trash removal, landscape pruning, and other activities.

ii. Semi-annual activities (every two to five years), such as crack sealing, catch basin sediment removal, culvert inspections, and other activities.

iii. Medium-term activities (five to 15 years), such as asphalt overlays, chip sealing, and surface milling and reconstruction.

iv. Long-term activities (15+ years), including full depth reconstruction of roadway, concrete curb, gutter, and sidewalk reconstruction.

v. The maintenance plan shall include escalated costs associated with each activity and develop an amortized escrow saving plan to ensure roadway maintenance is funded through the expected roadway life cycle.

3. Cul-de-Sac Street Standards. .

Cul-de-sacs shall be no longer than 600 feet from the center of the road to the center of the turnaround and shall conform to the public works standard specifications and drawings adopted by the city. Where a street is designed to remain only temporarily as a dead-end street, an adequate temporary turning area shall be provided at the dead-end thereof to remain and be available for public use so long as the dead-end condition exists. Such temporary cul-de-sac dead ends shall not exceed 1,320 feet in length and shall meet all requirements of the International Fire Code. Such temporary improvements shall be eliminated by the adjacent developing property owner.

B. Blocks.

1. The maximum length of blocks generally shall be 1,320 feet and the minimum length of blocks shall be 500 feet. Blocks over 1,000 feet in length shall have a dedicated public mid-block walkway of not less than 20 feet in width with a full privacy fence on each side.

2. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

C. Access Management.

1. All subdivisions must have access to an existing public street. The access into the subdivision must be either a public street or a private road as defined in WPCC 17.10.020 and must conform to the public works standard specifications and drawings. A private lane or an alley cannot connect to a collector street or an arterial street. Subdivisions with more than 30 lots or units require the construction of a second access that connects to an existing public street. The second access must be a public street or a private road that conforms to the public works standard specifications and drawings.

2. Residential driveways shall not be allowed on collector or arterial streets. Exceptions may be granted by the planning commission.

3. All access roads and driveways must comply with the spacing standards found in the public works standard specifications and drawings. Exceptions may be granted by the planning commission.

D. Lots.

1. The lot arrangement and design shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related to topography.

2. All lots shown on the subdivision plat must conform to the minimum area and width requirements of the zoning ordinance for the zone in which the subdivision is located.

3. Each lot shall abut and have access to a public street or private street dedicated by the subdivision plat or an existing publicly dedicated street.

4. Corner lots shall have extra width sufficient for maintenance of required building setback lines on both streets.

5. Side lines of lots shall be at right angles or not less than 80 degrees to the street line, or radial to the curved street line.

6. All remnants of lots below the minimum size left over after subdividing a larger tract must be eliminated or dedicated to a homeowners association (HOA) and shall be landscaped and maintained by the HOA rather than allowed to remain as unusable parcels.

7. Cul-de-Sac Lots. Lots on the turnaround portion of cul-de-sacs or other odd shaped lots shall be designed to have adequate buildable area. Lot lines shall be radial to the turnaround and shall remain radial to a distance equal to the front yard setback. The front width of the lot shall be measured along the curve at the front yard setback line. On cul-de-sac or five-sided lots, the required minimum rear yard depth may be reduced to 15 feet measured from any point of a building foundation to the nearest point of a lot line. Only one corner of a home may project into a required rear yard space.

8. Flag Lots.

a. The subdividing of a single lot or parcel to form one additional lot in a flag or L-shaped configuration shall be allowed in any residential zone where parcel configuration is oddly shaped so that subdivision design would be poorly configured or create excessively large lots or access is awkward/difficult in the design. The goal is to accommodate the development of property that otherwise could not reasonably be developed under existing city subdivision or development ordinances. Flag lots shall be processed as a standard subdivision.

b. Development Standards for Flag Lots. All potential flag or L-shaped lots shall meet all the following criteria:

i. Each lot shall have its own stem, which contains a driveway providing access to a public street. The stem is not separable from the buildable portion of the lot and shall be at least 20 feet wide. The stem may be as long as necessary; however, a turnaround reviewed and approved by the appropriate fire suppression agency shall be provided. No structures shall be allowed within the stem area and all landscaping shall be maintained so as to provide unobstructed access for emergency service vehicles.

ii. The driveway shall be at least 20 feet wide and shall be completely surfaced in asphalt or concrete. The thickness of the pavement and subbase material shall be the same as a West Point City local street. The surface of the driveway shall be designed to drain water away from the surface.

iii. The total area of the lot, excluding the stem section, shall be at least one and one-half times the minimum lot size for the zone in which it is located, and the lot shall meet all minimum width and depth requirements as if it was located on a public street.

iv. Each lot shall have its own water, sewer, power and other utility connections.

v. Each lot shall have its own mailbox located along the public street frontage afforded by the stem section of the lot. The mailbox may not obstruct any vehicle or pedestrian access to the lot. The street address of the residence shall be clearly illustrated on the mailbox, with characters at least six inches in height and of proportionate width.

vi. Each lot shall be graded consistent with city-approved storm water practices.

vii. A fire hydrant must be located within 250 feet of any dwelling structure on the lot.

viii. The lot in its entirety shall be held in fee simple ownership.

ix. The original lot from which the flag or L-shaped lot was subdivided must meet the minimum standards for the zone in which it is located, both before and after the creation of the flag or L-shaped lot; however, the minimum rear yard setback shall be increased by 10 feet.

x. Snow removal shall be provided by the property owner and shall not obstruct traffic on the public street or driveway.

E. Easements.

1. Public utility and drainage easements shall be provided along the side, front and rear lot lines of all subdivision lots and at such other locations as deemed necessary as directed by the city. The minimum size of these easements shall be 10 feet front and rear, and seven and one-half feet on adjoining sides of every other side yard. The city or utility owner will not be responsible for damage caused to structures that are disrupted in the course of working inside a dedicated easement. It shall be unlawful to build any type of permanent structure over a sewer, water, storm drain, irrigation ditch, or any other underground easement. Property owner may encroach into an easement at their own risk after ensuring the following:

a. There are not utilities currently in the easement.

b. The easement is not used as a drainage path.

c. The lot owner signs a statement agreeing to remove the structure if/when the easement is needed in the future.

2. Natural Drainage and Other Easements. The city shall require that easements for drainage through adjoining properties be obtained by the developer. The developer shall also obtain or provide easements for utilities, either on site or off site, that are not within a public street right-of-way. [Ord. 01-07-2025A § 1; Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.100 Subdivision infrastructure improvements required.

A. Required Improvements.

1. The owner of any land to be platted as a subdivision shall at his expense install the improvements referred to in this section prior to recording the final plat, or guarantee the installation of such improvements according to the specifications and under the inspection of the city.

B. Payback for Improvements Agreements.

1. The city may require developers to contribute to the costs of infrastructure previously installed by the city or another developer that represents project improvements that would normally have been required of the new development. The costs of the infrastructure shall be determined by the city engineer and shall take into account, among other elements and variables, the cost of the design and construction of the improvements and the amount of impact fee credit that may apply.

2. In the event that impacted infrastructure was installed by a developer, the city shall collect from the impacting developer the appropriate contribution as determined by the city engineer and forward such to the developer responsible for the original installation. Payment shall be made prior to recording the plat. If a plat is not required for a project, payment shall be made before building permits shall be granted. If a developer desires to be reimbursed for infrastructure, then they shall make a written request to the city to enter into a payback for improvements agreement. The city council shall adopt the agreement by resolution. No reimbursement shall be required after 20 years from the date of the resolution unless otherwise specified in the payback for improvements agreement and resolution.

a. In the event that impacted infrastructure was installed by the city, the city council shall pass a resolution allowing the city to recoup the costs of the infrastructure from the impacting developers. The city shall collect from the impacting developer the appropriate contribution as determined by the city engineer based on a formula and calculations established in the West Point public works standards. Payment shall be made prior to recording the plat. If a plat is not required for a project, payment shall be made before building permits shall be granted. No reimbursement shall be required after 20 years from the date of the resolution unless otherwise specified in the resolution.

C. Culinary Water.

1. The subdivider shall install culinary water lines, including laterals to the property line of each lot. The developer shall at his expense install all off-site culinary water to connect his development with existing city systems. This shall include water meters, boxes and covers, and valves. These off-site lines shall be installed in accordance with the public works standard specifications and drawings, and shall be dedicated to the city. All construction plans showing pipe locations must be submitted to and approved by the city engineer. Subdivision improvement plans shall show the location and size of proposed water lines and fire hydrants and also existing water lines to which a connection is to be made. The city engineer shall determine, based on a formula and calculations established in the West Point public works standard specifications and drawings and coordination with any special districts, the adequacy of the existing water system to provide culinary water and fire protection to the lots in the subdivision.

2. Backflow prevention devices (reduced pressure backflow preventers) shall be installed by the developer in accordance with the requirements of the plumbing code. Such devices may be inspected annually by the city public works department.

3. The entire system must meet the standards of and be accepted by the city. Service lines to the property line, meter, meter box and cover will be furnished and installed by the developer.

4. Fire Protection.

a. Fire flow provided shall meet the standards of the International Fire Code for the proposed building types.

b. For all occupancies, fire hydrants shall be provided by the developer in accordance with the International Fire Code. Fire hydrants shall be installed in accordance with the public works standard specifications and drawings. Such fire hydrants shall be of the type, size, and number and installed in such locations as determined by the fire district and the city engineer. Fire hydrants or blow-offs shall be provided at all dead-end lines as specified by the city engineer.

c. The fire protection pipelines shall be used only for the purpose of fighting fires or for testing the fire protection systems. No cutting, tapping or connections of any type shall be permitted on the fire protection pipelines without the prior written approval of the city engineer.

5. The location of all culinary water improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

6. If an approved public water system is within 300 feet of a proposed building lot or development, it must be connected to the public water system. Domestic water supply shall comply with the county board of health requirements as represented by a certificate of approval from said board of health in all applications for a building permit where an approved supply of piped water under pressure is not available.

D. Secondary Water.

1. All subdivisions and developments shall be served by secondary water. This includes, but is not limited to, residential, institutional, industrial, commercial, and multifamily subdivisions.

2. All secondary water mains shall be sized and approved by the Davis and Weber Counties Canal Company (D.W.C.C.C.) engineer or other designated engineer and the West Point city engineer.

3. The developer shall extend the pressure irrigation system and provide appropriate connections for the development site concurrent with construction of other site improvements.

4. The developer shall comply with all the requirements of the pressure irrigation provider and furnish proof thereof to the city.

5. The location of all secondary supply improvements shall be shown on the preliminary and final subdivision plans. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

E. Water Shares.

1. Due to the need of providing secondary and culinary water for subdivision development, the subdivider shall convey or otherwise make available to West Point City or its designee water rights that are usable by and acceptable to West Point City, to be distributed for secondary and culinary water uses. In those areas, outside of the West Point City water system water shares will only be collected for secondary water uses.

2. The amount of water required and the methodology for calculating the amount of water required may be adjusted by resolution adopted by the West Point City council from time to time.

3. In the event there are no owner water rights on the property to be developed, the developer shall obtain and convey to West Point City water rights acceptable and usable by the city.

4. Secondary water may be purchased from Weber Basin Water Conservancy District (WBWCD) through the trilateral agreement.

5. If the developer is unable to acquire water shares on the open market to satisfy the culinary water requirement, then West Point City at its option may allow the developer to pay a fee to the city and the city may allocate water that is under contract with WBWCD to the project. The fee for the culinary water will be according to the fee schedule adopted by the city council and may be adjusted by resolution adopted by the West Point City council from time to time.

6. For single lot subdivisions or existing building lots not included in the boundaries of a subdivision, the developer or builder may pay a fee to the city in accordance with subsection (E)(5) of this section; however, the approval of such shall be granted by city staff. The fee for culinary water associated with a single lot subdivision shall be equivalent to that specified in the fee schedule for a 12,000-square-foot lot.

7. If any commercial property is rezoned to residential use such property shall be subject to and meet the requirements of subsection (E) of this section prior to approval of any residential development.

8. The requirements of this subsection (E) shall become effective on and after April 6, 2004. Such requirements shall apply to all applications submitted for preliminary plat approval after said date.

9. Any developer who has entered into an agreement, prior to the date of April 6, 2004, with the D.W.C.C.C. and/or Weber Basin Water Conservancy District concerning the dedication of water, that was customarily used on the property to be developed, sold to either of those companies, may apply those shares to any obligation they may develop in the future concerning the final plat approval.

10. It is unlawful for any person, without specific authority of the city, to open or close any gate valve or other fixture attached to the system of water supply, or in any way to injure, deface or impair any part or appurtenances of the culinary water system.

F. Sanitary Sewer.

1. Where a subdivision is within 300 feet of a public sanitary sewer, the subdivider shall connect with such sanitary sewer and provide adequate lateral lines to the property line of each lot. Such sewer connections and subdivision sewer systems shall comply with public works standard specifications and drawings and the regulations of the sewer district. The said sanitary sewer must be installed within the development prior to the installation of any other improvements. The city engineer must approve all plans for sanitary sewer extensions prior to issuing a building permit.

2. Developments within the service area created by the sewer impact fee facilities plan and impact fee analysis (adopted by Ordinance 12-7-2021A) shall be required to install project sewer pipelines and laterals to each lot within the development. The sewer pipelines shall connect to the system sewer lines shown in the impact fee facilities plan. If the system sewer lines are not available at the time of development, the developer shall be required to install the project sewer lines and laterals as dry lines for future connection. The depth of the dry lines shall be determined by the city engineer.

3. The location of all sanitary sewer improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

G. Storm Drains, Land Drains, and Yard Drains.

1. The city shall require the subdivider to dispose of storm water and surface drainage. If easements are required across abutting property to permit drainage of the subdivision, it shall be the responsibility of the subdivider to acquire such easements. A storm drainage master plan has been prepared and is maintained by West Point City and Davis County. The developer shall implement the portion of that plan applicable to the development by:

a. Preparing a detailed drainage plan for the development which is acceptable to the city.

b. Making sufficient improvements, such as storm drains, cross gutters, catch basins, inlets, and other appurtenant structures, to adequately dispose of 10-year-frequency storm runoff within the development and from adjacent properties. Storm drains shall be not less than 15 inches in diameter and meet city standards and specifications.

c. Providing for restriction of the runoff from the development to 0.20 cubic feet per second per acre per 10-year-frequency rainfall event through one or more of the following, at the direction of the city:

i. Conveyance (including easements) of the runoff to a regional detention site and paying the development’s proportional share of the cost of the regional detention facility and conveyance to the main channel; or

ii. Dedicating land and constructing regional detention within the development and conveyance to a main channel if said development contains a proposed detention site. The developer will be compensated for the cost of the regional detention and conveyance to a main channel which is not the proportional share for the development; or

iii. If the development is within a subdivision that has fulfilled the controlled release requirements, complying with the storm drainage requirements of the subdivision.

iv. If the development is within 100 feet of a main channel, complying with all Davis County flood control requirements and being approved by Davis County and determined by the city engineer.

2. Storm Water Detention Facilities.

a. The city engineer shall require the preservation of space within a subdivision for the placement of a storm water detention facility according to the storm water master plan. All detention ponds shall have an outlet. Retention ponds with no outlet that are intended to hold water until the water evaporates or percolates into the soil are not allowed. The amount required to be retained on site for SWPPP and LID requirements shall not be retained for more than 24 hours. If it is determined that the water will be retained longer than 24 hours, the retention requirement shall be deemed infeasible.

b. The owner of record of such detention facility, retention facility, or pond shall be responsible for its landscaping and perpetual maintenance.

c. Such landscaping shall be prescribed by the city engineer to include, at a minimum, grass with sprinklers or a xeriscaping plan approved by the planning commission. Sprinkling systems shall be installed in accordance with specifications provided by the city.

d. Detention landscaping shall be accomplished according to the West Point public works standards prior to the occupancy of any homes in the subdivision. If for weather-related reasons landscaping cannot be installed, the city engineer may grant a single extension of time for up to 12 months.

e. All detention ponds shall adhere to a maximum of 3:1 side slopes, providing a seven-foot landscaped lip or level area surrounding the facility. The city shall require fencing of detention ponds exceeding a depth of five feet.

f. The city reserves the right and intention to accomplish landscaping of detention facilities if the developer fails to fulfill the requirements of this section prior to occupancy of any homes. In such circumstances, the city may contract for such landscaping and then bill the costs back to the developer, plus an administrative charge of not less than $500.00.

H. Drainage and Grading Plan.

1. Yard Drainage. Drainage plan shall show existing and proposed contours of the entire site along with proposed elevations of all corners of each lot. The plan must clearly indicate that each lot will drain to the street or to a storm water collection box without discharging water to an adjacent lot or property, unless a drainage easement is provided. If the grading plan will not allow water to properly drain from the rear yard, then a storm drain/land drainpipe and collection box(es) shall be installed to convey the water to an approved storm drain. Surface drainage paths shall have a minimum of two percent slope.

2. Street Drainage. Drainage structures may be required by the city where necessary, based on system analysis and regional needs.

3. Land Drainage. Dedicated, solid pipe land drains shall be constructed and located in the street where required according to Chapter 15.16 WPCC.

4. The location of all storm drainage, land drainage, and yard drainage improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

I. Irrigation Water/Open Ditches.

1. Open ditches shall be piped within the subdivision. If the ditch is owned by a ditch company or a landowner has rights to water running through the ditch, then the city will work with the appropriate party to determine the size and type of pipe to be placed. If no company or individual can prove their rights to the ditch, then the city engineer will determine the appropriate size, type, and length of ditch to be piped. Some ditches that are presently piped may be required to be relaid to meet city standards. In some cases, ditches may be abandoned.

2. The location of all irrigation improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

3. All existing gravity irrigation ditches or existing field drains within the boundaries of a subdivision shall not be cut off, but provisions for their continuation shall be provided.

J. Street Improvements.

1. All public and private streets shall be graded and surfaced in accordance with the West Point public works standard specifications and drawings.

2. Whenever a new structure is built, a structure existing on the effective date of the ordinance codified in this chapter is modified, renovated or improved (where the combined value of such modifications, renovations or improvements undertaken exceeds 50 percent of the current market value of the structure), or where any site development increases the use of public streets, the owner of the property shall place curb, gutter and sidewalk at the proper location along the frontage of the property for the road width as determined by the city engineer. If the development abuts a state highway, the developer must obtain approval for the location of curb, gutter and sidewalk from the state highway right-of-way engineer. The owner of the property shall also install road base and asphalt surfacing from the existing asphalt surfacing to the new curb and gutter. The owner shall dedicate the widened portion to the city. The dedication of property shall not alter zoning limitation or zoning privileges.

3. The building site shall abut a paved public street of adequate width. The owner shall install curb, gutter, sidewalk, roadbase and asphalt surfacing concurrent with construction of the residence if these improvements exist on either of the adjacent lots or if at least 25 percent of the lots on the same block have improvements. If a block is not defined by intersecting streets, the 25 percent rule will apply to all properties within 500 feet in each direction from the property lines of the subject lot. In lieu of this requirement, the city may accept an improvement postponement agreement and grant of lien on the property for future construction.

4. Roadway improvements to be built by the developer which will be dedicated to the city shall conform to the public works standard specifications and drawings.

5. Sidewalks shall be provided in all developments and shall comply with the public works standard specifications and drawings.

6. Concrete curb and gutter shall be required in all developments along existing and new streets and shall comply with the public works standard specifications and drawings.

7. Street Landscape Standards.

a. All new developments along arterial and collector streets shall be required to install enhanced landscaping as part of a streetscape design. When lots double face, with the rear yard backing onto or a side yard facing an arterial or collector street, the provisions of this subsection shall apply. An eight-foot strip of land directly adjacent to the right-of-way line of the street will be set aside to provide a buffer to enhance the streetscape and mitigate the impacts of arterial and collector streets. Where only one lot backs or faces onto a collector or arterial street, the landscape strip will be maintained by the individual homeowner, and no homeowners association will be required.

b. The landscape buffer shall be identified on the plat as property owned in common by a homeowners association. The landscape buffer must adhere to the standard landscape drawing found in the West Point City public works standard specifications and drawings. The sidewalk and parkstrip shall be incorporated into the landscape design and are subject to review and approval by the community development director or designee.

c. A landscape and irrigation plan must be submitted and approved by the community development director. One two-inch caliper tree shall be required for every 25 feet of frontage. Trees must be picked from the city approved list. Five shrubs shall be required for every required tree. Shrubs shall be one-gallon containers or larger. A six-foot solid or semi-private non-chain link fence shall be installed along the entire perimeter on the inside edge of the landscape strip. No new turfgrass shall be planted in park strips or areas with a width of eight feet or less. Park strips shall be landscaped with trees, shrubs, pavers, rock, mulch, or another ground cover.

d. Irrigation systems will be required in all landscaped areas. The system shall include a single connection to the secondary water system that will be operated by the homeowners association. All systems shall have an automatic controller and can be either a drip or spray system. The system shall provide sufficient coverage to all landscaped areas and be designed in such a way as to minimize spray on sidewalks and streets.

e. The developer shall be responsible for the installation of all landscaping and irrigation systems required herein and must provide a guarantee for all improvements with the overall subdivision guarantee. All landscaped parcels shall be dedicated as permanent open space on the recorded plat. A homeowners association (HOA) shall be formed by the recordation of declarations providing for the collection of fees to maintain the landscaped areas. The homeowners association must be professionally managed. All plantings shall be maintained in a healthy and attractive manner by the homeowners association. The city reserves the right to assess a fee to the homeowners association or to individual homeowners if it fails to maintain all landscaping in a reasonable manner. The developer shall record CC&Rs that outline the maintenance responsibilities of the HOA. The city shall be made a party to that section of the CC&Rs and in that section the city shall be given the right to assess a fee to the HOA or the individual property owners in the subdivision if the HOA fails to maintain the landscaping. Maintenance shall include watering, weeding, and weed control, fertilizing, mulching, cleaning, pruning, pest control, mowing, trimming, and replacement of dead plantings.

8. The location of all street improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

K. Street Signs. Street signs shall be furnished and installed by the developer and shall comply with the West Point City public works standard specifications and drawings.

L. Fencing.

1. Where located within the subdivision, a solid board, chain link or other nonclimbable fence not less than six feet in height shall be installed on both sides of existing supply irrigation ditches or canals or bordering open reservoirs, railroad rights-of-way or nonaccess streets, and which are located within or adjacent to the subdivision.

2. Agricultural Fencing. Unless otherwise waived by affected agricultural property owners, fencing abutting agricultural property shall be required of the developer. Fence specifications shall, at a minimum, include the following: size of post, two and three-eighths inches; spacing of post, eight feet (the agricultural property owner shall have the option of paying the additional cost to create spacing of the post at six feet); top rail and bottom rail shall be one and five-eighths inches; the bottom shall be either two-strand barbless wire or one-strand barbed wire. The fence shall be of 11-gauge fabric. If there was no existing fence, or the existing fence does not protect the chain-link fence, then the agricultural property owner, at this time, will be required to install and maintain an electrical fence parallel to the chain-link fence.

3. The location of all fencing improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

M. Street Lights.

1. Dark sky compliant street lights are required in all commercial and residential developments and shall comply with the public works standard specifications and drawings.

2. Street lights shall be required on all subdivision streets at the back of cul-de-sacs, and at points of intersection with other roads. Additional lighting may be required if the distance between two lights is 660 feet or more. All street lights shall comply with public works standard specifications and drawings and the spacing and location of the lights shall comply with the street light master plan.

3. The location of all street lighting improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

N. Survey Markers and Street Monuments.

1. The developer shall have his surveyor install permanent survey monuments as shown in the standard drawings. Permanent survey monuments shall be accurately set and established at such points as are necessary to establish all lines of the subdivision. Monuments shall be of a type approved by the city. All subdivision plats shall be tied to a public corner or monument of record established by Davis County.

2. The developer shall have his surveyor install permanent survey monuments as shown in the standard drawings.

3. Survey markers shall be placed by a licensed surveyor at all site corners and at site boundary locations to completely identify the site boundaries on the ground. Site corners shall be identified with permanent plugs in the sidewalk or back of the curb or with a metal pipe or rod driven into the ground if sidewalks or curbs are not next to the site boundary. All site corners and site boundaries must be marked prior to the issuance of building permits, after the completion of all subdivision improvements and during building construction and inspection. It shall be the responsibility of the site owner to ensure that all site corner and boundary markers are in place. The city is not responsible for replacing survey stakes or markers.

4. Staking of Lots. Survey stakes shall be placed at all lot corners so as to completely identify the lot boundaries on the ground. Rebars shall be placed at the rear corners of each lot, and the front corners shall be designated by permanent markers placed in the curb. Any person disturbing these markers shall replace them at their own expense.

O. Miscellaneous.

1. The developer shall pay the cost and installation of the electric system extensions and street lights to service the development.

2. The developer shall pay the cost and cause installation of all other utilities including, but not limited to, gas, electricity, phone, cable, fiber optics network, etc.

P. Inspection of Improvements. The city shall inspect or cause to be inspected all buildings, structures, streets, fire hydrants, water supply, and sewage disposal systems in the course of construction, installation or repair, etc. Excavations for fire hydrants, water and sewer mains and laterals shall not be covered or backfilled until such installation has been approved by the city. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the city. The following inspections are required:

1. Sewer.

a. Connection to the existing sewer mains prior to any backfill.

b. All manholes.

c. All laterals.

d. Main line video inspection and video turned in to the city.

2. Land Drains and Storm Sewers.

a. Connections to existing land drains and/or storm drains.

b. All manholes.

c. All laterals and connections.

d. Any cleanout box or catch basins.

e. Detention ponds. Fenced, sprinkling system installed and area sodded.

3. Water.

a. Main line joints and installation.

b. Proper valves and hydrants.

c. Pressure test main line.

d. Disinfect and bacteriologic tests.

e. Connection to existing water main.

f. Service connections, including meter setters, boxes and lids.

4. Secondary Water System.

a. All main lines must be inspected and connections to mains and valves.

b. Pressure tested prior to covering or backfill.

c. Service connections, including company valves, boxes and lids, and airvacs.

5. Irrigation piping.

6. Curb and gutter.

7. Sidewalk.

8. Street signs.

9. Survey markers.

10. Seal coat.

Q. Guarantee and Acceptance of Improvements. The subdivider shall warrant and guarantee that the public improvements provided for herein, and every part thereof, will remain in good condition for a period of one year from the date the city council has accepted the improvements and a final walk-through has been completed. The subdivider also agrees 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 (see WPCC 17.130.100).

R. Enforcement and Permits. The building official shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration of any structure, or use of any land fully conforms to all provisions of this title. No West Point City officer shall issue any permit or license for the use of any building, structure or land 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 all other provisions of law have been complied with. Any license or permit issued in conflict with this title shall be null and void.

S. Penalty. Any subdivider or other person who shall violate or fail to comply with any of the provisions of this title shall be guilty of a Class B misdemeanor and punished as provided by law upon conviction.

T. Validity. If any section, subsection, sentence, clause, or phrase of this title is, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portion of this title. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].

17.130.110 Guarantee of improvements.

A. In lieu of the actual completion by the subdivider and acceptance by the city council of the improvements required by this title, and before the final plat is recorded, the subdivider shall guarantee the installation and construction of the required improvements within two years from the date of recording the final plat and provide a warranty that the improvements shall be maintained in a state of good repair, free from defective material or workmanship, for a period of up to:

1. One year after final acceptance of the improvement or warranty work; or

2. Two years after final acceptance of the improvement or warranty work, if the municipality has substantial evidence of:

a. Unstable soil conditions within the subdivision or development area; or

b. Extreme fluctuations in climatic conditions that would render impracticable the discovery of substandard or defective performance within a one-year period.

The city engineer shall allow a partial release of the improvement assurance.

B. Methods of Guarantee. The subdivider shall guarantee the improvements by the following method at the direction of the city:

1. Escrow. The subdivider shall deposit with any insurance company, bank, the city, or savings and loan institution in an escrow account an amount of money equal to at least 110 percent of the estimated costs of the improvements not constructed or installed by the developer plus 10 percent 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 be committed to on a form available online or at the city offices that has been approved by the city attorney.

2. Release of Funds. As the required improvements are satisfactorily installed and have been inspected by the city, funds which have been dedicated to guarantee installation of those improvements will be authorized to be released for payment of those improvements. The city shall notify the escrow agent or bank in writing as to the installation of the improvement(s) and the amount to be released. The escrow agent or bank is authorized to release funds only after receiving the written notification above. The city is not responsible to determine the party to be paid.

After all required improvements have been installed, the developer shall notify the city and request that the subdivision be placed into the warranty period. The subdivision will then be inspected by the city engineer, and if all improvements have been completed in accordance with city ordinances and specifications, the city engineer will recommend to the city council that the subdivision be placed in warranty. If the city council approves, the subdivision will then begin the warranty period. Ten percent of the total cost of all the required improvements, as specified above, shall be retained by the city during this warranty period.

Partial releases of guarantee funds may be processed by the city engineer once improvements have been installed within each phase of the subdivision.

If any improvements have not been installed correctly or fail to function properly, and the developer fails to correct the deficiencies within 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 or letter of credit, the developer shall, within 10 days of notice thereof, pay the excess amount to the city and shall also cause to restore the escrow account or to the prescribed 10 percent 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 warranty amount (10 percent of the total cost of improvements) has been restored. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].