20.08.05 IMPROVEMENT REQUIREMENTS

Improvements shall be installed in all subdivisions in accordance with standards and requirements hereinafter set forth and in accordance with the standards adopted by the Town of Genola for infrastructure and utilities, provided, however, that actual construction of required improvements in the subdivision may be delayed up to two years where a suitable bond or other assurance is furnished to the Town by the Developer as provided for elsewhere in this ordinance. (See particularly Section 20.13.08) Said improvements shall be as follows: 1. Streets and Travel Easements: All streets and travel easements, including proposed roads within the subdivision, shall be dedicated to the Town and shall be graded and paved and culverts installed in accordance with Town Standards as directed by the Town Public Works Director. 2. All Sewage Disposal Systems: Systems shall conform to Genola Town and Utah County Board of Health specifications. 3. Water Mains: Both “off-site” and “on-site” water mains shall be installed in accordance with Genola Town standards. 4. Fire Hydrants: Fire hydrants shall be installed in accordance with Town specifications. 5. Permanent Monuments: Permanent monuments shall be installed in accordance with Town specifications. 6. Utilities: Primary and secondary power must be provided to each lot in the subdivision. Natural Gas must be provided to each lot in the subdivision. Communications conduit shall be located underground except when the Developer can show the Planning Commission that underground lines are not feasible. 7. Environmental Hazards: Environmental hazards must be eliminated as required by the Town Council as follows: 1. Cut and fill slopes must be covered with topsoil and reseeded. 2. Location of streets and buildings on unstable soil shall be avoided. 3. Surface water shall be confined to the subdivision or shall be drained into natural channels in a manner that will prevent the soil within and outside of the subdivision from eroding. 4. Natural drainage channels shall be adequately taken into account in laying out the subdivision. 5. Other environmental hazards must also be eliminated or adequately handled as directed by the Town Council. 8. Secondary Water: Letter of approval and letters of notification, 6. If construction is required on Strawberry High Line Canal Company’s existing infrastructure, a letter of approval from SHLCC must be obtained. 7. If construction is required on the local pond company’s pressurized system outside the tract to be subdivided, a letter of approval must be obtained from that pond company. If changes will be made to the local pond company’s pressurized system inside the tract to be subdivided, a letter of notification must be sent to the local pond company. 8. The location of all secondary water mains, meters, shutoff valves and water risers. 9. Note: It is necessary that all secondary water mains, meters, and shutoff valves within the subdivision must be installed in accordance with Genola Town water standards and inspected by personnel authorized by the Genola Town Council. 9. Regulatory signs: All traffic and road signage required by the Genola Town Public Works Director. 5. GUARANTEE OF PERFORMANCE 1. INSTALLATION GUARANTEE: The Installation Guarantee is an amount of money or money equivalent, as described below, given to Genola Town by a Developer to ensure that the required improvements are installed. 1. Type and Amount of Installation Guarantee: The type of guarantee shall be in the form of a bond, mortgage, or a cash deposit. If a bond or cash deposit, the amount shall be equal to one hundred ten percent (110%) of the cost of the required improvements, as determined by the DRC. The one hundred ten percent guarantee shall include: 1. 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's bid; and 2. 10% of the amount of the bond to cover administrative costs incurred by the Town to complete the improvements, if necessary. 2. The design engineer shall submit an opinion of probable construction cost containing an itemized listing of all public improvements as well as other costs required to construct them (i.e. construction staking, mobilization, etc.). 3. Duration: The duration of the bond or other assurance shall be for two years from the date of approval of the subdivision by the Town Council. An extension of time may be granted by the Town Council upon application by the Developer. Provided such an application is submitted at least sixty (60) days prior to the expiration of the bond, and provided the issuer of the bond is willing to extend the time of the assurance. 4. Partial Completion: If the Developer completes portions of the required infrastructure improvements and such completions are inspected and accepted by the Town Public Works Director, the Town shall release a portion of the installation guarantee equal to the cost of the completed, accepted infrastructure improvements, minus the amount of the Warranty set forth in Subsection 2 below. 5. Default: In the event the Developer is in default or fails or neglects to satisfactorily install the required improvements within two years from the date of approval of the plat by the Town Council, or to pay all liens in connection therewith, the Town Council may declare the bond or other assurance forfeited and the Town may install or cause the required improvements to be installed using the proceeds from the collection of bond or other assurance to defray the expense thereof. 6. Final Disposition and Release: The Developer shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the Town Public Works Director 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 bond or other assurance, minus the amount of the Warranty set forth in Subsection 2 below. 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 Developer in default. 2. IMPROVEMENT WARRANTY: The Improvement Warranty is an amount of money or money equivalent, as described below, given to Genola Town by a Developer to cover the costs of inadequate quality of improvements or the early failure of the same. 1. Type and Amount of Warranty: The type of warranty shall be in the form of a bond, mortgage, or a cash deposit or other valuable consideration acceptable to the Town Council in an amount equal to ten percent (10%) of the cost of the required improvements, as determined by the Town Engineer (or contracted engineering firm) or the developer’s reasonable estimated cost of completion. The developer shall submit a report of the construction cost containing an itemized listing of all public improvements as well as other costs required to construct them (i.e. construction staking, mobilization, etc.) in order to determine the amount of the warranty. 2. Duration: The duration of the bond or other assurance shall be for one calendar year from the date the Town of Genola accepts the improvements as completed in accordance with Town specifications. The Town of Genola may extend the duration of the assurance if the Town of Genola: 1. Determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and 2. has substantial evidence, on record: 1. that the area upon which the infrastructure will be constructed contains suspect soil and the Town of Genola has not otherwise required the Developer to mitigate the suspect soil; OR 2. of prior poor performance by the Developer; OR 3. there is reasonable evidence that the improvements may be of unacceptable quality but additional time would be helpful to determine the extent of such unacceptable quality. 3. Default: In the event the improvements made by the Developer fail in any manner or show unusual wear or the Developer fails to pay all liens in connection therewith, the Town Council may declare the bond or other assurance forfeited and the Town may repair, replace or cause the deficient improvements to be installed or replaced or pay any liens that remain using the proceeds from the collection of bond or other assurance to defray the expense thereof. 4. Final Disposition and Release: The Developer shall be responsible for the quality of all materials and workmanship. At the conclusion of the bond performance guarantee period, the Town Public Works Director shall make an 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 all improvements are found to be satisfactory, the Town Council shall release the bond or other assurance within 60 days upon written request from the Developer. 3. ROAD RESURFACING FEE. New roads within a development will be resurfaced (e.g. chip sealed) approximately two years after the installation of the road. Before a final plat will be recorded, the Developer must pay the Town of Genola the estimated cost for resurfacing all new roads within the development. The cost estimate shall be determined by the Town Public Works Director. 6. COSTS AND CHARGES IN CONNECTION WITH THE DEVELOPMENT OF SUBDIVISIONS 1. Except as noted below, costs and charges in connection with the planning and development of subdivisions in Genola, Utah, shall be paid for by the Developer. 2. Reimbursement for Public Improvements. Any Developer who expends funds to install municipal services or public improvements (i.e., water lines, asphalt or concrete pavement, road base, etc.) (“Installed Improvements”) associated with an approved development may receive reimbursement of part of that expense under the following conditions: 1. The Developer shall enter into a written reimbursement agreement with the Town prior to the Installed Improvements being installed. 2. The amount of the reimbursement shall be limited to the Installed Improvement addressed in the reimbursement agreement which: 1. are municipal services or public improvements, 2. provide a direct benefit to property adjacent to the Installed Improvements, and 3. are greater than the roughly proportional share of improvements needed to service the original development. 3. If within five (5) years from the date of the reimbursement agreement, a party (“Subsequent Developer”) develops property that: (a) is adjacent to the property with the Installed Improvements and (b) directly benefits from the Installed Improvements in order to meet its obligations for development, the Subsequent Developer shall pay to the Town a developer reimbursement payment for the Installed Improvements. The developer reimbursement payment for installed municipal services or public improvements, street, curb, gutter, sidewalk, and pavement (including road base and sub-base) shall be at a rate per linear foot of street frontage as indicated in the written reimbursement agreement with the Town and based on the Developer’s actual costs for such public improvements per linear foot. The Subsequent Developer shall pay 50% of the indicated per linear foot rate for the portion of the improvements that benefit the Subsequent Developer. The developer reimbursement payment is separate from and in addition to the payment of any other required fees or improvements. 4. After payment is received from the Subsequent Developer and after completion of the subsequent development, the Town of Genola will withhold ten percent (10%) of the collected developer reimbursement payment for administrative purposes, and the Town of Genola will pay the Developer up to 50% of the cost of the Installed Improvements, less the administrative fee. In no event shall the amount paid to the Developer exceed the amount actually collected by the Town from the Subsequent Developer less the administrative fee. 5. If the Town installs public improvements at the Town’s expense, the Town may receive reimbursement from developing parties pursuant to this Section as though the Town were a private party. The agreement described in Subsection (1) of this Section shall not be required for reimbursement to the Town. 6. The developer reimbursement payment described in Subsection (3) of this section shall be paid to the Town in its entirety prior to final plat approval of the subsequent development. 7. SUBDIVISION AMENDMENTS AND BOUNDARY LINE ADJUSTMENTS Subdivision Amendments. A Developer desiring to amend a recorded subdivision may file a written application with the Town of Genola to request an amendment to the recorded plat. The following provisions apply to petitions, amendments, and boundary line adjustments: 1. The owner shall record the approved plat in accordance with Section 10-9a-603. The Planning Commission shall ensure that the amended plat showing the vacation or amendment is recorded in the office of the county recorder 2. Minor typographical or clerical errors in a document of record may be corrected by the recording with the county an affidavit or other appropriate instrument. 3. A fee owner(s)of land in a platted subdivision may initiate or request a subdivision amendment if: 1. the owner files a written petition, and 2. the last county assessment roll shows that the owner is the fee simple owner of the land. Except for Boundary Line Adjustments described below, the application to vacate, alter, or amend an entire plat, portion of a plat, or a street or lot contained in a plat shall be accompanied by the following: 1. The name and address of all owners of record of the land contained in the entire plat; 2. The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended; and 3. The signature of each of these owners who consents to the application. The application to amend a recorded subdivision shall be submitted to the Planning Commission for review in accordance with the following: 1. The Town shall provide notice of the petition by mail to the owners within the plat and each affected entity that provides a service to an owner of the record of the portion of the plat that is being vacated or amended at least ten (10) calendar days before the Planning Commission will first discuss the vacation or amendment of the plat. 2. The petition shall include: 1. the name and address of each property owner affected by the petition; 2. the signature of each of those property owners who consents to the petition and; 3. certification from the surveyor who prepared the amended plat that the surveyor: 1. holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; 2. (A) has completed a survey of the property described on the plat in accordance with Section 17-23-17 and has verified all measurements; or (B) has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and 3. has placed monuments as represented on the plat. 3. The Planning Commission shall hold a public hearing within forty five (45) calendar days after the day on which the petition is filed if: 1. Any owner within the plat notifies the Town of the owner's objection in writing within ten (10) days of mailed notification; or 2. A public hearing is required because all of the owners in the subdivision have not signed the revised plat. 3. The public hearing requirement does not apply and the Planning Commission may consider at a public meeting an owner's petition to vacate or amend a subdivision plat if the petition seeks only to: 1. join two (2) or more of the petitioning fee owner's contiguous lots; 2. Subdivide one or more of the Developer’s lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; 3. adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision; 4. on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or 5. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the petitioner and are not designated as a common area. 4. The Planning Commission shall make a recommendation as to the application to the Town Council. The Town Council will then review and make a decision on the application. 1. The appeal authority for subdivision amendment decisions made by the Town Council shall be the district court. 5. If an application is submitted containing a request to vacate or alter any portion of a street or alley within a subdivision the following shall apply: 1. The Planning Commission shall hold a public hearing, after providing notice to property owners within three hundred feet (300') of the area being petitioned for vacation or alteration. After the public hearing and review by the Planning Commission, the Planning Commission shall make a recommendation to the Town Council. The Town Council may adopt an ordinance granting a petition to vacate some or all of a public street, right-of-way, or easement if it finds that good cause exists for the vacation or alteration and neither the public interest nor any person will be materially injured by the vacation. If the Town Council vacates or alters any portion of a street or alley, the Town Recorder shall ensure that the plat is recorded in the Office of the Recorder of the County in which the land is located, having been signed by both the owner and Town Council, indicating the approval of both parties. 2. The action of the Town Council vacating or narrowing a street or alley that has been dedicated to public use shall operate to the extent to which it is vacated or narrowed, upon the effective date of the vacating plat, as a revocation of the acceptance thereof, and the relinquishment of the Town’s fee therein, but the right-of-way and easements therein, if any, of any lot owner and the rights of any public utility may not be impaired thereby. Boundary Line Adjustments. The owners of record of adjacent parcels that are described by a metes and bounds description may exchange title to portions of those parcels if properly executed and acknowledged as required under the provisions of Utah Code § 10-9a-523 and Utah Code § 10-9a-524. If a parcel that is the subject of a boundary line agreement contains a dwelling unit, the boundary line adjustment is exempt from the plat requirements and improvement requirements of this Chapter, subject to the review of the boundary line adjustment by the Planning Commission Chair in accordance with the following criteria: 1. No additional parcel results from the boundary line adjustment; 2. The boundary line adjustment does not result in remnant land that did not previously exist; 3. The adjustment does not result in violation of applicable zoning requirements; 4. The proposed boundary does not materially affect any approved public utility easements, or an agreement with and between any and all affected utility agencies or entities is formed to maintain or realign the easement. The owners of record shall submit the following in their application for a boundary line adjustment: 1. A document of conveyance (see below) 2. A notice of approval (see below) Failure to submit either document will be considered an incomplete application. The Planning Commission shall approve any boundary line adjustment that is not in violation with any Genola Town land use ordinance or Utah State Law. Document of Conveyance. A document of conveyance shall be recorded in the Office of the County Recorder to effectuate the boundary line adjustment. The document of conveyance may be either a quit claim deed or boundary line agreement. An exchange of title by either quit claim deed or by boundary line adjustment under this section shall include: 1. a legal description of the original parcels, and the parcels created by the exchange of title; 2. the signature of each owner included in the exchange; 3. a sufficient acknowledgement for each party executing the notice in accordance with the provisions of Utah Code 57-2a, Recognition of Acknowledgements Act; and 4. the address of each owner for assessment purposes. Notice of Approval. The application for a boundary line adjustment shall include a notice of approval for recording in the office of the county recorder, if approved by the Town. The Notice of Approval shall: 1. recite the descriptions of both the original parcels and the parcels created by the exchange of title; 2. be executed by each owner included in the exchange; 3. contain a signature block for the Planning Commission Chairperson; and 4. contain a sufficient acknowledgment for each party executing the notice in accordance with the provisions of Utah Code 57-2a, Recognition of Acknowledgements Act. Unapproved, Recorded Boundary Line Adjustments. The Town of Genola may withhold approval of a land use application for property that is subject to a recorded boundary line agreement or other document used to adjust a mutual boundary line if the Planning Commission or the Town Council determines that the lots or parcels, as adjusted by the boundary line agreement or other document used to adjust the mutual boundary line, are not in compliance with the Town of Genola’s land use ordinances in effect on the day on which the boundary line agreement or other document used to adjust the mutual boundary line is recorded. 8. GENERAL REQUIREMENTS 1. Standards and specifications: The Town Public Works Director shall recommend specifications and standards for the design and quality of all required improvements. Said specifications and standards shall be adopted by resolution by the Town Council. Said requirements shall be considered minimum and shall apply to all subdivisions under all ordinary circumstances; provided, however, that where the Developer can show that a provision of these general requirements and design standards would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the Town Council, a departure may be made without destroying the intent of such provisions, the Town Council may authorize such departure. 2. Improvement Standards: All improvements shall be installed in accordance with the Town specifications, as directed by the Town Public Works Director. 3. Parks, School Sites, Other Public Spaces: In subdividing property, consideration shall be given to sites for schools, parks, playgrounds, and other areas for public use as shown on the Master Plan. Any provision for such open spaces should be indicated on the Preliminary Plan in order that it may be determined in what manner such areas will be dedicated to, or acquired by, the proper agency. 4. Enforcement and Permits: No officer of the Town shall grant any permit or license for the construction or use of any building or land unless and until the requirements hereof shall have been complied with. 5. Construction and Maintenance of Private Roads and Driveways in Town Prohibited: All officials of the Town shall refrain from opening, accepting, grading, paving, or lighting a street, authorizing the laying of sewers and water mains, or making connections to public water or sewer lines in a street which: 1. Has not received the status of a public street prior to the taking effect of this Ordinance, or 2. Has not been approved by the Planning Commission as a part of appropriately submitted preliminary plans, or 3. Having been submitted to the Planning Commission and disapproved by it, has not been accepted by the Town Council. 6. No Town officer or employee shall enter upon private driveways or roads for the purpose of maintaining or constructing the same, unless and until such private driveways or roads shall have first been made to comply with the standards for public streets for width and improvements, as set forth in this Ordinance, and shall have been accepted as a public street or road by the Planning Commission and Town Council. 9. DEFINITIONS For the purpose of this Ordinance, the following definitions shall apply: 1. Developer: A person or entity applying for subdivision approval or constructing improvements governed by this Chapter. This term may encompass landowners, builders, and agents or representatives of the same. 2. Easement: The quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public. 3. Final Plat: A map or chart of the land-division which has been accurately surveyed and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified. 4. Intervening Property: Property located between the existing service facility and the property under development. 5. Major Street: A street existing or proposed, which serves or is intended to serve as a major traffic- way, and is designated as a collector or arterial street on the Master Plan. 6. Metes and Bounds: The description of a lot or parcel of land by courses and distance. 7. Minor Street: A street existing or proposed which is supplementary to a collector street and of limited continuity which serve, or is intended to serve, the local needs of a neighborhood. 8. Off-Site Facilities: Facilities designed or located so as to serve other property outside of the boundaries of the subdivision—usually lying between development and existing facilities. 9. On-Site Facilities: Facilities installed within or on the perimeter of the subdivision. 10. Over-Size Facilities: Facilities with added capacity designed to serve other property, in addition to the land within the boundaries of the subdivision. 11. Preliminary Plan: A map or chart of a proposed land-division. 12. Subdivision: “Subdivision” means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. 1. “Subdivision” includes: 1. The division or development of land whether by deed, metes and bounds description, devise and testacy, map, or other recorded instrument; and 2. Divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. 2. “Subdivision” does not include: 1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of un-subdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance; 2. A recorded agreement between owners of adjoining un-subdivided properties adjusting their mutual boundary if no new lot is created and the adjustment does not violate applicate land use ordinances; 3. A recorded document, executed by the owner of record revising the legal description of more than one contiguous un-subdivided parcel of property into one legal description encompassing all such parcels of property; or joining a subdivided parcel of property another parcel of property that has not been subdivided, if the joining does not violate applicable land use ordinances; and 4. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision. 13. Vicinity Plan: A map or chart showing the relationship of streets within a proposed subdivision to streets in the surrounding area. 14. Water conveyance facility: A ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. “Water conveyance facility” does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility. 10. PENALTIES Any person, firm or corporation who shall transfer or sell any lot of land in a subdivision as defined in this Ordinance, which subdivision has not been approved by the Planning Commission and also approved by the Town Council and recorded in the office of the County Recorder, shall be guilty of an infraction for each lot or parcel of land transferred or sold, and the description of such lot or parcel of land by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring, shall not exempt the transaction from such penalties, or from the remedies herein provided. The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court or equity jurisdiction or may recover the said penalty by civil action in any court of competent jurisdiction. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of an infraction and upon conviction thereof shall be punishable by a fine and/or imprisonment at the discretion of the court. Last Amended by Ord. 2024-03 on June 19, 2024.