11E-505 Infrastructure

A. The infrastructure set forth in this section shall be shown on the preliminary plat and installed prior to approval of the final plat unless the conditions of Section C. Guarantee of Completion of Infrastructure are met. Construction design plans thereof shall be submitted and approved by the Town engineer. All such infrastructure shall be in accordance with the comprehensive plan and constructed in compliance with construction standard specifications adopted by the Town. B. Subdivision Improvement Plans – 1. With the application for a final plat, the subdivider shall file two copies with the Clerk, and the Development Review Committee shall review subdivision improvement plans for all infrastructure required in the proposed subdivision. Said plans shall be prepared by a civil engineer licensed in the State of Utah. 2. There is hereby established the Development Review Committee which shall consist of the following members: the Garden City Public Works Director, the Garden City Town Clerk or appointee of the same, the Garden City Engineer, the Town Attorney the Garden City Mayor, and the Garden City Planning Commission Liaison. The Development Review Committee is tasked with providing general and technical reviews and recommendations to the Administrative Land Use Authority on preliminary and final plat applications as well as the subdivision improvement plans for all proposed subdivisions, and anything else as may be appointed from time to time by the Garden City Town Council. 3. The Development Review Committee shall review all preliminary and final plat applications for conformance with the State Code, Garden City Code, and the Garden City Design and Construction Standards and provide guidance to the Administrative Land Use Authority related to the same. 4. The Administrative Land Use Authority and Development Review Committee shall complete an initial review of the improvement plans associated with a final subdivision plat application for residential subdivision for single-family dwellings, two-family dwellings, or town homes within forty (40) business days after receiving a complete application for final subdivision plat approval or the timeframe required by the Utah Land Use Development and Management Act, Utah Code 10-9a-101 et seq., whichever is longer. 5. The Administrative Land Use Authority, with input from the Development Review Committee, may approve or deny the improvement plans by issuing a written decision containing the findings of fact and conclusions of law supporting the decision or may request more information, modifications, or corrections, to the improvement plans, plat, or other part of a land use application, such as, but not limited to, the following: a. Road and street improvements, including layout and design and construction elements. b. Flood control facilities. c. Culinary Water facilities. d. Sanitary Sewer facilities. e. Storm Drainage facilities. f. Lot and/or Site Drainage facilities. g. Park and open space areas and facilities, trail accesses and connections to existing and planned trails. h. Fire protection facilities, including fire hydrants and water storage facilities. i. Power, gas, telephone, cable, and any other public utility facilities. j. Fencing and buffering treatments. k. Street lighting and streetscape enhancements including street trees and park strip improvements. l. The protection and preservation of the natural environment. 6. The Land Use Authority may not require more than four review cycles of the subdivision improvement plans associated with any subdivision application. A review cycle means the occurrence of: (i) the applicant's submittal of a complete subdivision application; (ii)the Administrative Land Use Authority’s review of that subdivision application; (iii) the Administrative Land Use Authority response to that subdivision application; and (iv) the applicant's reply to the Administrative Land Use Authority’s response that addresses each of the Administrative Land Use Authority’s requests for more information, modifications or corrections. 7. If the Land Use Authority’s requests for more information, modifications or corrections related to any subdivision improvement plans are not resolved within twenty (20) business days after the end of the fourth review cycle, or if the Administrative Land Use Authority denies the improvement plans, then at the applicant’s request, Garden City shall provide within ten (10) business days after the day of the request, a review of the of the subdivision improvement plans by the appeal panel set forth in Utah Code Subsection 10-9a-508(5)(d) to review and approve or deny the improvement plans. All other disputes arising from the Administrative Land Use Authority’s decisions related to any subdivision application shall be resolved through the normal appeal process applicable to land use applications. (Updated 12th of June, 2025) C. Guarantee of Completion of Infrastructure: In lieu of the actual installation of infrastructure required for the subdivision before filing of the final plat, the subdivider may elect to provide one of the acceptable forms of completion assurance set forth below in accordance with the terms and conditions of this Section. 1. Amount of the completion assurance. The completion assurance shall be in an amount equal to one hundred ten percent (110%) of the total estimated cost for completing construction of the required infrastructure shall include not only the estimated cost of materials and labor but also the estimated costs the Town may incur in having to assume responsibility to complete the infrastructure including, without limitation, the cost of hiring new contractors as well as any administrative costs. 2. Time to complete the improvements. If the subdivider provides a completion assurance in compliance with this Section, the subdivider shall complete the construction of the required infrastructure within eighteen (18) months of the date of approval of the final plat unless otherwise approved by the Town Council in a written development agreement recorded on title to the property being subdivided (referred as the “construction period” and the end thereof referred to as the “completion deadline”). The completion assurance provided by the subdivider must be valid for at least ninety (90) days past the completion deadline to allow the Town sufficient time to execute on the same after a default. 3. Type of completion assurance. The subdivider may provide one of the following types of completion assurance: a. Cash Deposit in Escrow. The subdivider may deposit completion assurance funds with a bank, title company, or other professional escrow, which is acceptable to the Town and upon execution of an escrow agreement that is approved by the Town Attorney. The escrow must agree to hold and apply the proceeds completion assurance only for the required infrastructure for the subdivision. The agreement must give the Town the right to withdraw those funds necessary to complete any required infrastructure not installed by the completion deadline. b. Letter of Credit. The subdivider may provide an irrevocable letter of credit as a completion assurance. The letter of credit must be with a federally insured bank or savings institution and be in a form as approved by the Town Attorney. 4. Partial Release. The subdivider may apply to the Town for partial or pro- rata releases of the completion security if: (1) a request is not made more frequently than every sixty (60) days. (2) the request for required infrastructure that has been completed, inspected, and approved by the Town, (3) a proportionate warranty assurance for the required infrastructure has been received by the Town. 5. Default by Subdivider. In the event the subdivider fails to complete the installation of all required infrastructure by the completion deadline, the Town shall have the right to complete or cause to be completed the installation of the required infrastructure. The subdivider shall indemnify and hold the Town harmless for, and the Town may collect from the completion assurance, all costs and expenses the Town incurs in completing the installation of the required infrastructure, including without limitation all engineering, legal, and contingent costs and any and all damages the Town may sustain on account of the subdivider’s failure to timely complete the installation of the required infrastructure. The Town need not wait until after the infrastructure is completed to draw upon the completion assurance but may collect therefrom in order to obtain the funds necessary to complete the installation of the required infrastructure. 6. Warranty of Improvements. The subdivider shall warrant that all installed infrastructure shall remain in good condition and free from all defects in performance, materials and workmanship during the warranty period. The warranty period shall commence on the date the Town approves and accepts the installed infrastructure and shall terminate one (1) year thereafter. 7. Warranty Assurance. Before the Town may approve and accept any infrastructure installed by the subdivider, the subdivider shall provide a warranty assurance that meets the same requirements for a completion assurance set forth in this Section, except that the amount of the warranty assurance shall be 10% of the lesser of (i) the estimated cost of completion of the infrastructure as determined by the Town Engineer or (ii) the subdivider’s reasonable proven cost of completion. 8. Defects in improvements. In the event the Town discovers any defect in any of the infrastructure installed by the subdivider during the construction period of the warranty period, the Town shall provide notice of the same to the subdivider. The subdivider shall repair or replace the defective infrastructure within ninety (90) days of receipt of the notice from the Town (the “repair deadline”). 9. Default on Warranty. In the event the subdivider fails repair or replace the defective infrastructure set forth in the notice provided by the Town by the repair deadline, the Town shall have the right to complete or cause to be completed the repair or replacement of the defective infrastructure. The subdivider shall indemnify and hold the Town harmless for, and the Town may collect from the warranty assurance, all costs and expenses the Town incurs in completing the repair or replacement of the defective infrastructure, including without limitation all engineering, legal, and contingent costs and any and all damages the Town may sustain on account of the subdivider’s failure to timely complete the repair or replacement. The Town need not wait until after the repair or replacement is completed to draw upon the warranty assurance but may collect therefrom in order to obtain the funds necessary to complete the repair or replacement of the defective infrastructure. 10. Building Permits. No Building Permits may be issued until all infrastructure required by the Planning Commission or the Town Council are complete and signed off by the Public Works Dept., Sewer Dist. and Town Engineer, or until a completion assurance that meets the requirements of this Section has been provided in accordance with the terms and conditions required in this Section. Nothing herein supersedes the requirements of the State Building and Fire Codes which also must be met before a building permit may be issued. a. Building permits will be issued in accordance with Garden City Code 11H-101. D. 1. To the extent of any conflict between this Ordinance and any other ordinance(s) or regulation(s) of Garden City, the provisions of this Ordinance shall be controlling. 2. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall be declared invalid or unconstitutional by the valid judgment or decree of a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance. 3. This Ordinance shall become effective upon posting in the manner required by law. Updated January 11, 2024 Chapter: 11E – 506 Readjustments of Lot Lines or Lot Splits A. An owner or subdivider wishing to readjust lot lines, as hereinabove defined, shall be required to file one copy of the plat, a survey, a deed for both lots/parcels and a completed application with the Clerk for administrative review. The Clerk shall provide written notice of said application to owners of property immediately adjacent to the subject property. Said notice shall inform adjacent property owners they may comment on the application during a period of not less than ten (10) days after mailing of the notice and prior to final action on said application. Following expiration of the said comment period, and upon a finding by the Public Works Director Planning Commission Chair and Mayor, or his designee, that the plat conforms to the readjustment of lot line definition and is in compliance with the provisions of this ordinance, the Planning Commission Chair and Mayor, or his designee, shall approve same or approve with conditions necessary to find same in compliance with the provisions of this ordinance. Upon a finding by the Planning Commission Chair and Mayor, or his designee, that the application does not conform to said definition or is not in compliance with this ordinance, the Planning Commission Chair and Mayor, or his designee, shall deny said application and shall state the reasons therefore in writing and a copy signed by the Planning Commission Chair and Mayor, or his designee, attached to one copy of the plat shall be returned to the applicant. Upon approval of an application and upon satisfaction by the applicant of any conditions attached thereto, the Planning Commission Chair and Mayor, or his designee, shall inform the Town Clerk. Any questions with regard to the interpretation and/or applicability of this section or other sections shall be referred to the Council by the Planning Commission Chair and Mayor, or his designee, for determination. B. Lot Splits 1. 2. 3. 4. 5. The lot split procedure cannot evade the Town’s requirements for subdivisions using multiple lot splits and must be reviewed by the Public Works Director, Planning Commission and Mayor, or his designee. The lot-split procedure may be used to create only one additional lot. That lot must conform to the underlying zone. The lot created by the lot split and the parent parcel may not be further divided for three years. Both lots must meet the requirements of the zone of the parcel being split, i.e. minimum lot size, setbacks, etc. Both lots must have safe legal access, including access for utilities. If the parent parcel is later subdivided the lot created by the lot split will be required to be included in the subdivision and all improvements required for subdivision will be made to the lot from the original split. Non-conforming lots cannot be created as a result of a lot split. All lot splits shall require a Lot Split Covenant to Run With the Land on both the parent parcel and the lot created that requires a 3-year waiting period on the splitting of lots from the original split. a. The Commercial buildings within the Commercial zones do not need to wait 3 years to split. 6. The Commission Chair and Mayor, or his designee, shall determine whether the proposed lot split is in compliance with the General Plan and this ordinance. If they find that the proposed lot split complies, they shall approve the application. If they find that the proposed lot split is not in compliance, they shall disapprove or deny the application. The applicant may request a final review by the Planning Commission or Board of Adjustments. Conditions may be attached to an approval, as provided herein. 7. The Clerk shall notify the developer and interested parties of the decision within 10 days. A deed for both lots/parcels shall be filed with the Town Recorder. 8. The final decision may be appealed to the Board of Appeals using the appeals procedure in the Board of Appeals Chapter. 9. Approval of a lot split does not constitute or imply approval of a permit for any prospective use of the lot created.