11.21 Subdivision Improvements

A. Required Improvements. 1. The following improvements are required for all subdivisions, except those that qualify under the Agricultural Land exemption of Section 7: a. Utilities, including water, sewer, telephone, cable, gas, and electricity. b. Streets, curbs, gutters, and sidewalks. c. Street grading and surfacing. d. Storm water drainage. e. Fire hydrants. f. Street lights, signs, and monuments. g. Any other infrastructure (or infrastructure improvement) that is reasonably necessary to meet the needs of the proposed development. 2. Subdivision improvements must be completed within one year of recordation of the approved subdivision plat, unless such time as extended by the Emery Town Council. B. Completion of Improvements. 1. The Zoning Administrator/County Building Inspector shall inspect the subdivision during construction through its completion. C. Improvement Guarantees, Completion Assurances, and Warranties. 1. If an applicant elects to guarantee any required improvement, the applicant shall provide completion assurance for 110% of the estimated cost of the improvement, guaranteeing that the improvements will be completed within one year after the date of the guarantee. a. For the purpose of posting an improvement guarantee, the estimated cost of the improvement shall be determined by an engineer's or building inspector’s estimate. b. In the event that the developer disputes the cost estimate of the engineer or inspector, the developer may prove lower construction cost by providing binding contracts between the developer contractor or subcontractor appropriate to perform the required work at a stated, fixed price. A full performance bond, ensuring performance by the subcontractor or contractor, must support these contracts. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of the security required shall be one hundred (100%) of the total contract covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the reasonable estimated cost of construction of any retainage and drainage and the estimated cost of landscaping to the extent necessary to hold soil in place. 2. A security arrangement shall be one of the following types as dictated by the Town: a. A bond with a surety company licensed to do business in the State of Utah; b. An irrevocable letter of credit with a federally insured financial institution; c. A cashier’s check made payable only to the Town; d. A trust or escrow account with a federally insured financial institution designating the Town as beneficiary. i. Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the Town. The Town shall not be required to pay interest to the developer on any non-interest-bearing escrow account for this purpose. 3. The Town shall not require improvement guarantees for any of the prohibited uses listed in Utah Code §10-9a-604.5(3)(d), including improvements the Town has previously inspected and accepted, private improvements that are not essential to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation. 4. Upon acceptance of all required improvements, the applicant shall warrant that said improvements shall remain free from defects in material and workmanship for a period of 12 months after the date of acceptance by the Town. The subdivider shall be solely responsible for all repairs and maintenance required to keep the improvements in good working condition for this 12-month period. D. In the event that buildings on the property are completed before other required on-site improvements are completed, and the site improvements cannot be completed simultaneously with the completion of the building due to weather or other conditions beyond the control of the developer (excluding financial inability to perform); or as it relates to subdivisions, in order to record an approved plat prior to completion of off-site improvements, the Town may grant plat approval or issue the certificate of occupancy for all or part of the project prior to the completion of site improvements provided that all of the following conditions are met: 1. The buildings or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, and are in full compliance with applicable building and fire codes, and are completed to the extent that only occupancy of the buildings, or portions thereof, prior to completion of required on and off-site improvements, is safe, and that access for emergency vehicles is adequate with the site improvements unfinished. E. In regard to subdivisions, the building inspector approves all final construction plans, a development agreement has been approved by the Attorney and executed by the owner/developer and the developer posts adequate security for the benefit of the Town of Emery and the public to insure completion of the site improvements in full compliance with the approved plans within two years from the date of plat approval (if required) or one year from the date of issuance of the certificate of occupancy, whichever comes first.