1212 Required Improvement Completion Assurance

1) Required improvements: The improvements required by this Ordinance apply to all developments and owners/developers and to all persons that have or receive any interest in any land which is located within a subdivision, development, proposed subdivision, or proposed development. 2) Improvements Made Prior to Recording the Final Plat: The improvements required by this Ordinance may be constructed, installed, and maintained by the applicant and inspected and accepted by the Town prior to recording the final plat, unless the construction, installation, and maintenance is guaranteed in the manner provided in this Ordinance. Improvements shall not be installed or constructed until their location and specifications have been approved by the Land Use Authority or Town Engineer, as delegated. 3) Guarantee of Performance: In lieu of completion and acceptance by the Land Use Authority of the improvements required by this Ordinance before recording of the final plat, the applicant may provide funds to guarantee that the satisfactory installation and construction of the required improvements will occur within two years from the date of approval of the final plat and that the improvements will be maintained in a state of good repair free from defective material or workmanship for a period of 24 months from the date of acceptance by the Town. This guarantee may be made by one or more of the following methods: a) Bond. The applicant may file with the Town Recorder a bond payable to the Town with a corporate surety, licensed and in good standing in Utah and in a form approved by the Town Council and the Town Attorney, in an amount equal to one hundred ten percent (150%) of the cost of improvements not previously accepted by the Town. The bond shall be irrevocable and shall provide for the payment of the funds therein to the Town in the event of default or any failure by the applicant to install the improvements as required herein and in the development agreement. b) Trust account. The applicant may deposit in a trust account, payable to and controlled by the Town, with a bank, credit union, or savings and loan institution doing business in Utah and licensed and in good standing with the Utah Department of Financial Institutions and insured by the applicable federal agency (FDIC, FSLIC, etc.), an amount of money equal to at least 150% of the cost of the improvements not previously accepted by the Town. The trust account agreement shall be in a form approved by the Town Attorney and shall be signed by the applicant, the Town, and the bank and shall provide for the payment of the funds therein to the Town in the event of default or any failure by the applicant to install the improvements as required herein. c) Irrevocable letter of credit. The applicant may deliver to the Town an irrevocable dedicated letter of credit, payable to the Town, from a bank, credit union, or savings and loan institution doing business in Utah and licensed and in good standing with the Utah Department of Financial Institutions and insured by the applicable federal agency (FDIC, FSLIC, etc.), which letter shall be for an amount of money equal to at least 150% of the cost of the improvements. The letter of credit shall be in a form approved by the Town Attorney and shall provide for the payment of the funds therein to the Town in the event of default or any failure by the applicant to install the improvements as required herein. 4) No Sales prior to Guarantees: No lot or portion of a subdivision may be approved, recorded, sold, or conveyed until all required improvements have been completed or until Town has accepted and received financial guarantees to assure adequate performance and completion. 5) Applicant Responsible for Completion: The applicant shall be and will remain responsible for completion of the required improvements and for the quality of the materials and workmanship. In no event shall the Town be responsible to pay any bills incurred by the applicant or required to complete any of the improvements after default by the applicant. . Town shall have no responsibility to install improvements or expend any funds not paid for by the financial guarantees set forth herein. 6) Recording of Notice: The Town may require the Applicant to record notice on the development that until all required improvements have been installed and approved and accepted by the Town, no building permit shall be issued for any structure in the development and no person shall be allowed to occupy any structure therein. 7) Default: In the event the applicant defaults in any performance required by this Ordinance, a development agreement, the approved improvement plan, or the bond or trust account documents, the Town Council may declare the trust account or bond funds forfeited, and the Town may install, or cause to be installed, the required improvements using the funds thus obtained. This shall not relieve the applicant from liability for the performance of all obligations required by this Ordinance. 8) Partial Releases of Funds: Subject to the performance guarantee documents approved by the Town, at such times as the Town inspects and approves the improvements installed by the applicant, and upon written approval from the Town Council, the obligation of the guarantee may be reduced in proportion to the costs of installation of the improvements that have been inspected and approved by the Town. In no case shall more be released from the improvement assurance for the completion of each item of work shown on the detailed breakdown of costs than is attributed to that item of work. In no case shall the guarantee be reduced to below 10% of the original amount until the 24-month warranty period ends. 9) Partial Release Payment Approval: Approval of partial payment from a trust account or reduction in other improvement assurance must be in writing and are conditioned upon the Town receiving, on a form approved by the Town, proof of completion of the work and, in the event of partial payments, a signed Utah Conditional Waiver and Release upon progress payment in the form approved by the Town Attorney. 10) Final Disposition and Release: The applicant shall remain responsible for the quality of all materials and workmanship for 24 months after the Town accepts the improvements. At the completion of the work, the applicant shall submit a sworn declaration that all improvements have been completed and installed in accordance with the Ordinance, plans, plat, development agreement, etc. Upon receipt of the declaration, the Engineer representing the Town of Dutch John and/or public works department, shall make a preliminary inspection of the improvements, and shall submit a report to the Town Council, setting forth the conditions of such facilities. If all liens are paid, and other conditions thereof are found to be satisfactory, the Town Council shall release the remaining portion of the bond, trust account, or letter of credit or other assurance, except that an amount equal to 10% of the cost of the improvements as installed shall be retained for two years as set forth herein as an improvement warranty on the materials and workmanship. If the condition of material or workmanship shows unusual depreciation or does not comply with the acceptable standards of durability, or if any outstanding liens are not paid, the Town Council may declare the applicant in default. 11) Warranty Period Maintenance: The applicant shall, during the improvement assurance warranty period (24 months after the improvement are accepted by the Town), maintain all of the improvements in the subdivision in good condition and free from defects in materials and workmanship. During the warranty period, the Town may provide routine maintenance of public improvements such as snow removal and cleaning, which has been dedicated to and accepted by the Town. 12) Warranty of Improvements: a) The applicant shall warrant and guarantee that the improvements provided hereunder, and every part thereof, will remain in good condition for a period of 24 months after the date that the Town accepts the improvements. The applicant agrees to make all repairs to and maintain the improvements and every part thereof in good condition during that time with no cost to the Town. b) The Town Engineer shall determine when repairs or maintenance are required for improvements that have been accepted by the Town. Unless unreasonable, arbitrary or capricious, the Engineer's decision shall be binding on the applicant. The improvements required hereby extend, but are not limited to, the street base, and all pipes, joints, valves, backfill, and compaction, as well as the working surface, curbs, gutters, sidewalks, and other accessories which are or may be affected by the construction operations. Whenever, during the warranty period and in the judgment of the Engineer, the work needs repair, maintenance, or rebuilding, he shall cause a written notice to be served to the applicant and thereupon the applicant shall undertake and complete such repairs, maintenance or building. c) The applicant shall be responsible for all of the repairs of the improvements during the improvement assurance warranty period and shall promptly, at its own expense, make all necessary repairs and correct all discovered defects. If, at the end of the warranty period, the improvements comply with the requirements of this ordinance and applicable Town codes, the Town shall give its final written approval and shall fully release the improvement assurance warranty commitment. If at or prior to the end of the warranty period, the improvements fail to comply with this Ordinance and the standards of construction of the Town, the Town shall notify the applicant in writing of such defects. The Applicant shall have not more than 60 days to correct the defects to the improvements. If the defects are not corrected to the satisfaction of the Town of Dutch John within the 60-day period, then the Town shall be entitled to disbursement of the retained warranty assurance funds. 13) Warranty Assurance Duration: The Planning and Zoning Commission has determined that a period of less than two years would be inadequate to protect the public health, safety and welfare of the community due to the potential unstable soil conditions in the subdivision or development area and due to the extreme fluctuations in climatic conditions that exist in Eastern Daggett County make it impracticable to discover substandard or defective performance within a one-year period. Therefore, the warranty assurance period shall be 24 months from date of completion and acceptance by the Town of Dutch John. Prior to final release, the applicant must provide evidence of final payment on the Utah Labor and Release form from all contractors, subcontractors, and materialmen providing work on the development. Section 1213- Special Rules for Agricultural and Minor Subdivisions: The purpose of this Section is to streamline the process of approval for agricultural and minor subdivision proposals where lots are already served with Town services such as paved roads, water, and sewer (or in the case of agricultural land, which do not require services). These subdivision applications must comply with all the requirements of this Chapter (especially Section 1209), except as described in this Section. 1) Minor Subdivisions: a) Any subdivision of land, of no more than 4 lots, may be sold by metes and bounds without the necessity of recording a plat if: i) The proposed lots are all fronted by an improved street. ii) The parcels are not traversed by the mapped lines of a proposed street as shown in the General Plan and does not require the dedication of any land for street or other public purposes; and iii)The subdivision is located in a zoned area. b) For subdivision applications for which this exemption applies, an applicant may submit to the Town, in place of a plat, both: i) A record of survey map that illustrates the boundaries of the parcels; and ii) A legal metes-and-bounds description that describes the parcels illustrated by the survey map. c) The applicant shall pay any fees required by the Town. d) If the Town approves a subdivision application based on a record of survey map and metes-and-bounds description, the applicant shall record the map and description, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Section 1208(8)(C), except that the Town shall also provide the notice required in Utah Code §10-20-808. e) Notwithstanding other requirements specified in this ordinance, for land owned by the Daggett County Redevelopment Agency (RDA), and transferred to another owner by the RDA, the division and transfer of land may be accomplished by metes and bounds through the recording of an appropriate deed. Notice of the transfer of land must be given to the Town and approval of the division be granted by the Town before the deed is recorded. The RDA shall not be required to provide infrastructure as required elsewhere in this ordinance for divisions accomplished under this section. 2) Agricultural Land: a) Applications to subdivide agricultural land are exempt from the preliminary and final plat requirements and the improvement plan requirements of Section 1209 (but not the other application requirements) if the resulting parcels: i) Qualify as land in agricultural use under Utah Code §59-2-502; ii) Meet the minimum size requirement of applicable Town land use ordinances; and iii)Are not used and will not be used for any nonagricultural purpose, b) For subdivision applications for which this exception applies, an applicant may submit to the Town—in place of a plat—a record of survey map that illustrates the boundaries of the parcels. The applicant shall pay any fees required by the Town. c) If the Town approves a subdivision application based on a record of survey map, the applicant shall record the map, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Section 1208(8)(C). d) The parcels created by a subdivision under this Subsection shall not be developed for any non-agricultural purpose except after applying for and obtaining approval of the subdivision according to Section 1209. The Town may, in its discretion, impose any penalty under this Chapter if such parcels are used for non-agricultural purposes before a traditional subdivision approval has been granted or the Town Council has approved a subdivision amendment. Section 1214- Lot Line Adjustments: 1) The fee owners of two parcels may petition to adjust the lot line separating the parcels without a subdivision amendment. Such a petition shall include: a) A record of survey map and a metes-and-bounds description showing the adjustment. b) An explanation of the reason for the adjustment. c) Signatures from all the parcel owners involved in the adjustment. d) A map indicating the present lot boundaries and the boundaries as they will be upon completion of the lot line adjustment. e) A legal description of both affected properties describing the lots as they will exist after the lot line adjustment. f) Any other information the Planning and Zoning Commission requests. 2) The Planning and Zoning Commission shall approve an exchange of title (lot line adjustment) within 30 business days if the following conditions are met: a) No new dwelling lot or housing unit will result from the exchange of title; b) The adjustment does not result in violations of applicable zoning requirements. c) The applicant has paid any fees required by the Town. 3) If the adjustment is approved, the Planning and Zoning Commission shall sign the record of survey map and accompanying metes-and-bounds description, and the petitioner shall record the document in the County Recorder’s Office. The lot line adjustment shall not be considered complete until this action is taken and a copy is received by the Town. 4) Lot adjustments that are recorded and do not meet the above conditions shall be considered a violation of this ordinance.