Chapter 18.70 Adequate Public Facilities

A. PURPOSE AND INTENT. The purpose and intent of this Chapter is as follows: 1. To ensure that Public Facilities needed to support new development meet or exceed the Minimum Service Capacity Standards established by this Chapter; 2. To ensure that no subdivisions, site plans, conditional use permits, and/or building permits are approved which would cause a reduction in the Minimum Service Capacity Standards for any Public Facilities below the Adopted Minimum Capacity established in this Chapter; 3. To ensure that adequate Public Facilities needed to support new development are available concurrent with the impacts of such development; 4. To establish uniform procedures for the review of development applications subject to the adequate public facilities standards and requirements. 5. To facilitate implementation of goals and policies set forth in the Pleasant View General Plan relating to adequacy of Public Facilities and Minimum Service Capacity Standards; and 6. To ensure that all applicable legal standards and criteria are properly incorporated in these procedures and requirements. B. DEFINITIONS. In addition to the definitions set forth in other sections of this code, the following words and phrases used in this Chapter shall have the meanings herein prescribed: 1. Adequacy Determination. The findings and decision formally adopted by City Council of the analysis, also called an “Adequacy Recommendation”, for a proposed development application in relation to the anticipated impact on the Minimum Service Capacity of the City’s Public Facilities. 2. Adequacy Recommendation. A specific analysis of a proposed development application in relation to the anticipated impact on the Minimum Service Capacity of the City’s public facilities prepared by Staff and presented to Council for formal adoption as an Adequacy Determination. 3. Adequate Public Facilities. Facilities which have the capacity to serve development without decreasing the acceptable minimum service levels adopted in this Chapter. 4. Available Public Facilities. Facilities or services are in place, or that a financial commitment is in place to provide the facilities or services within a specified time. 5. Administrator. Is the Zoning Administrator, or designee of the City Administrator. 6. Committed Development. Any development having received a minimum of Preliminary Approval, not to exceed one (1) year from the date of said approval; or any development having received Final Approval with a recorded Final Plat. 7. Development Application. Any request for approval, permission, or other action made pursuant to the provisions of the Subdivision (Chapter 17) or Zoning Ordinances (Chapter 18) of the Municipal Code. Such requests include, but are not limited to, building permits, preliminary plats, final plats, or re-zonings. A General Plan Amendment is not considered a development request. 8. Development Order. Any action approving, denying or approving with conditions, an application for a development permit, including but not strictly limited to preliminary plats, final plats, re-zonings, or conditional use permits. 9. Formal Submittal. A development request, where an application and fees are paid in full, all required items for that particular request have been submitted to the City, and at least one technical review has been completed identifying deficiencies. Subdivision Concept Plan Applications/Reviews or cursory concept development reviews are not considered a formal submittal. 10. Informal Submittal. An application made with the City where an applicant is provided general comments and information regarding a conceptual development project or potential development request. These applications may or may not have applicable fees that must be paid in conjunction with its processing. Subdivision Concept Plan Applications/Reviews or cursory concept development review are considered an informal submittal. 11. Minimum Service Capacity. An existing service level that is identified in this Chapter and is determined to be the minimum acceptable service or capacity in order to allow for additional demand from development to be placed on the system. 12. Public Facility. A specific utility service provided by a Municipality or Service District to the public; herein specifically identified as Culinary Water, Secondary Water, Storm Drain, Sewer and Streets. C. APPLICABILITY. 1. This Chapter shall not apply to any use, development, project, structure, fence, sign or activity which does not result in a new equivalent residential unit (ERU). Refer to Diagram 18.70.02 for the Adequacy Determination Process. 2. Adequacy determination shall be adopted by City Council prior to formal submittal of a development request. Refer to Diagram 18.70.02 for the Adequacy Determination Process. 3. Subdivision of properties that require the expansion of the City’s culinary water system (source, storage, and/or distribution network) in order to service additional ERUs, shall obtain a positive adequacy determination prior to the formal submittal of a development request. 4. The adequacy determination shall not affect in any manner the permissible use of property, density of development, design and improvement standards, or other applicable standards or requirements of the Pleasant View Zoning Ordinance or Pleasant View Subdivision Ordinance, all of which shall be operative and remain in full force and effect without limitation. 5. All development shall adhere to minimum standards for public facilities, regardless of specific inclusion of this Chapter. D. MONITORING. The City shall develop, maintain, and update documents and information which shall provide support to the City officials and departments responsible for adequacy of public facilities review, monitoring and planning for Public Facilities. 1. At a minimum, the following documents and information shall be available: (a) Existing dwelling units and nonresidential development; (b) Committed Development; (c) The capacity of existing Public Facilities provided by Pleasant View City as identified in the Capital Facility Plans for Culinary Water, Storm Drain, and Sewer. (d) The current Capital Improvements Program; and (e) The capacity created by the completion of proposed projects identified in the Capital Improvements Program for the current year. E. ANNUAL REVIEW. The Administrator shall annually prepare and submit to the City Council an Adequacy of Public Facilities Management Report. 1. The Adequacy of Public Facilities Management Report shall include the following: (a) Present availability of each resource, with a focus on water sources and capacities; (b) Projected demand for the coming year, for five years and for ten years into the future as described in the City’s most recently adopted Capital Facilities Plan; and (c) Recommended limitations, restrictions or allocations, if any, upon the use or reuse of each resource for purposes of short-term and long-term planning for the growth of the city in an orderly, efficient and environmentally sound use of resources; (d) Growth trends and projections; (e) Other data, analysis or recommendations as the Administrator may deem appropriate, or as may be requested by the Council. 2. Effect of Review. The annual Review may, in whole or in part, form the basis for City recommendations to the City Council and City Council actions to repeal, amend or modify this Chapter; other data, reports, analyses and documents relevant to such decisions as may be available may be used. 3. Amendments. Nothing herein precludes the City Council or limits its direction to amend this Chapter at such other times as may be deemed necessary or desirable. F. APPLICATION AND SUBMITTAL REQUIREMENTS. Prior to making application for any development approvals, an adequacy determination shall be adopted by the City Council. The application for an adequacy determination shall be made on a form prepared by the City, and includes sufficient information to allow the City to determine the impact of the proposed development on Public Facilities pursuant to the adequacy determination procedures. The information required shall include, but shall not be limited to: 1. The location of the proposed development; 2. For residential development and uses: The total number of lots (or dwelling units), type of dwelling units (including square footage), size of lots, total acreage of development and gross density of proposed development; 3. For non-residential development and uses: A brief description on the type of use, the anticipated average water demand (per day) with any other unique demand depending on the time of day or time of year; and average traffic trip generation (per day); 4. Identification of the Public Facilities impacted by the proposed development; 5. Any other appropriate information as may be required by the City consistent with these provisions, and such items shall be stamped and signed by a licensed professional engineer. (a) Such additional items required to be submitted, prior to submitting for any development application approval (e.g. subdivision, site plans, building permits and/ or conditional use permits) may include, but is not limited to the following: (i) Analysis of water demand for the proposed development (ii) Will-serve letters from either secondary water service providers, sewer service providers or other culinary water service providers (iii) Detailed analysis of traffic circulation and/or generation, including types of traffic and pavement structure impacts. 6. All applicable application fees shall be paid in full. G. PROCEDURES FOR “ADEQUACY RECOMMENDATION” 1. Technical Review. The Administrator and City Engineer shall determine whether the application is complete and complies with the submission requirements set forth in this Chapter. If the application is incomplete or the submission requirements have not been complied with, the Administrator shall so notify the Applicant, specifying the deficiencies. If the application is complete and the submission requirements have been complied with, the Administrator and City Engineer shall evaluate the proposed development for compliance with the Adopted Minimum Service Capacity Standards and shall submit an “Adequacy Recommendation” to the City Council. 2. Recommendation Content. The “Adequacy Recommendation” shall, at a minimum, include the following, based upon Staff recommendations: (a) The number of equivalent dwelling units proposed by the Applicant, by type, for each Public Facility; (b) The timing and phasing of the proposed development, if applicable; (c) The specific Public Facilities impacted by the proposed development; (d) The extent of the impact of the proposed development in the applicable Impact Areas; (e) The capacity of existing public facilities in the Impact Areas which will be impacted by the proposed development; (f) The demand on existing Public Facilities in the Impact Areas from existing and approved development; (g) The availability of existing capacity to accommodate the proposed development; and (h) If existing capacity is not available, Planned Capacity and the year in which such Planned Capacity is projected to be available, if known. 3. Subdivisions. A proposed subdivision which could result in a range of potential impacts shall be reviewed as if the greatest impact would result. The adequacy of public facilities review for the application for a subdivision shall compare the Capacity of Public Facilities to the maximum projected demand which may result from the proposed rezoning based upon the potential density of the affected area pursuant to the rezoning. 4. Site Plans and Conditional Use Permits. Those permitted uses and conditional uses which require site plan review shall be reviewed as if the greatest impact would result. Conditional use permits shall also be reviewed as if the greatest impact would result. The adequacy of public facilities review for the site plan review and/or conditional use permit shall compare the Capacity of Public facilities to the maximum projected demand which may result from the proposed development of the property. A will-serve letter shall be required for any and all site plans and conditional use permits unless the site plan or conditional use permit will not result in an increased impact on the existing public facilities. 5. Building Permits. No building permit shall be issued unless adequate public facilities can be demonstrated, whether for residential, commercial, or other uses that result in additional ERUs. A will-serve letter shall be required for any and all building permits, except those in approved subdivsions. 6. Positive Recommendation. If the Administrator and City Engineer conclude that each Public Facility will be available concurrent with the impacts of the proposed development at the Adopted Minimum Service Capacity Standards, the Administrator shall make a positive adequacy recommendation. 7. Negative Recommendation. If the Administrator and City Engineer determine that any Public Facility will not be available concurrent with the impacts of the proposed development at the Adopted Minimum Service Capacity Standards based upon existing Public Facilities, the Administrator shall make a negative adequacy recommendation. 8. Conditional Recommendation. In rare circumstances, the Administrator and City Engineer may determine that stipulations may be included with the adequacy recommendation regarding the density of the proposed development, the timing and phasing of the proposed development, the provision of Public Facilities by the Applicant or any other reasonable conditions to ensure that all Public Facilities will be adequate and available concurrent with the impacts of the proposed development. Conditional adequacy recommendations will not be considered for development approvals where the water (culinary or secondary) Public Facilities has been deemed inadequate. Conditional adequacy recommendations would be subject to one or more of the following: (a) Deferrals of further Development Orders until all Public Facilities are available and adequate. If Public Facilities in the Impact Area are not adequate to meet the Adopted Minimum Service Capacity Standard for the entire development proposal, consistent with the requirements of this Chapter and Table 18.70.01; or (b) Reduction of the density or intensity of the proposed development to a level consistent with the Available Capacity of Public Facilities; or (c) Commitment and construction by the Applicant of the Public Facility that will meet the Adopted Minimum Service Capacity Standard at the time that the impact of the development will occur. This commitment is subject to an enforceable Development Agreement, adopted and executed by the City Council no later than the approval of the Development Order. (i) The proposed Public Facility must be a planned capital improvement and identified on the applicable Capital Facility Plan. (ii) At the option of the City, and as identified in the Capital Facilities Plan, and only if the Planned Capital Improvement will provide capacity exceeding the demand generated by the proposed development, reimbursement to the Applicant for the pro rata cost of the excess Capacity. (d) Additional items required to be submitted and approved, in conjunction with the development agreement, will include, but not limited to the following: (i) An engineer’s cost estimate for total project cost, which should include an estimate of the total financial resources needed to construct the Planned Capital Improvement and a description of the cost participation associated therewith; (ii) A schedule for commencement and completion of construction of the Planned Capital Improvement with specific target dates for multi-phase or large scale Capital Improvement projects; 9. Withdrawal of Application. The Applicant may withdraw the Application for Development Approval at any time by submitting a written request to the Administrator. Withdrawal may result in the forfeiture of all fees paid by the Applicant for the processing of the application. H. PROCEDURES FOR “ADEQUACY DETERMINATION” 1. Upon receipt of an “Adequacy Recommendation” for a specific development application, the City Council shall: (a) Make and adopt a positive adequacy determination; or (b) Make and adopt a negative adequacy determination; or (c) Make and adopt a positive adequacy determination with conditions, subject to one or more of the stipulations stated in Subsection 18.70(G)(7). I. EFFECT OF ADEQUACY DETERMINATION. 1. Adequacy Determination Results. An Adequacy Determination for a Development Order shall be deemed to indicate that: (a) Public Facilities are available at the time of issuance of the Adequacy Determination. (b) Public Facilities will be considered to be available through all subsequent stages of the development approval process up to the date of expiration of the final Development Order approval. 2. Adequacy Determination Not Evidence. A positive adequacy determination shall not be deemed as evidence supporting a request for a General Plan Land Use Map amendment, nor shall it affect the need for the Applicant for a rezoning to meet all other requirements as set forth in the City’s Municipal Ordinances. J. EXPIRATION OF ADEQUACY DETERMINATION. 1. Should a formal submittal for a development request not be initiated within one (1) year, the Adequacy Determination shall expire. No extensions are permitted with an Adequacy Determination. A new application and fees will be required to be paid in full, and proceed through the process established in this Chapter. A new Adequacy Determination must be adopted by the City Council. 2. Otherwise, an Adequacy Determination shall be deemed to expire when the Development Order to which it is attached expires, lapses, is revoked, or if the Applicant has not complied with the conditions attached to its issuance. 3. Time extension requests for Development Orders are subject to applying and obtaining an adopted Adequacy Determination prior to receiving an extension approval. 4. If no expiration date is provided in the Pleasant View City Municipal Code, in the conditions of the Adequacy Determination, or the Development Order approval, the Adequacy Determination shall expire within one (1) year after the adoption of the Adequacy Determination. K. METHODOLOGY AND CRITERIA FOR AVAILABILITY AND ADEQUACY. 1. Availability of Public Facilities. Public Facilities shall be deemed to be available if they meet the following standards: (a) Public Facilities shall be deemed to be available within the applicable Impact Area if: (i) The Public Facilities are currently in place or will be in place when the Development Order is granted; or (ii) Provision of the Public Facilities are a condition of the Development Order and are guaranteed to be provided at or before the issuance of a final plat or building permit for proposed development on the subject property; or (iii) The Public Facilities are under construction and will be available at the time that the impacts of the proposed development will occur; or (iv) The Public Facilities are guaranteed by an enforceable development agreement which ensures that the Public Facilities will be in place at the time that the impacts of the proposed development will occur. 2. Adequacy of Public Facilities. Public Facilities shall be deemed to be adequate if it is demonstrated that they have Available Capacity to accommodate the demand generated by the proposed development in accordance with the following calculation methodology, unless otherwise indicated herein: (a) Calculate Available Capacity by subtracting from the total Capacity the sum of: (i) The demand for each Public Facility created by existing development; and (ii) The demand for each Public Facility created by the anticipated completion of Committed Development; and (iii) The demand for each Public Facility created by the anticipated completion of the proposed development under consideration for a n adequacy determination. 3. Minimum Service Capacity Standards. Compliance with Minimum Service Capacity Standards shall be measured for each Public Facilities set forth in Table 18.70.01. L. ADMINISTRATION. 1. Rules and Regulations. The City Council may adopt, by resolution, rules, regulations, administrative guidelines, forms, worksheets and processes as are necessary to efficiently and fairly administer and implement the Adequate Public Facilities Ordinance. 2. Administrative Fees. The City Council may establish by resolution, a fee schedule for each of the administrative procedures, determinations, approvals and certifications required by this Resolution. 3. Conflict. To the extent of any conflict between other City resolutions or regulations and this Section, the more restrictive is deemed to be controlling. This Chapter is not intended to amend or repeal any existing City, resolution or regulation. 4. Appeal. Adequacy Determinations may be appealed to District Court within 30 calendar days of written notification of the decision from the City, or approval of the minutes of the meeting in which the action was taken, whichever occurs first. (Ord 2017-2, dated 2/15/17 and Ord.2014-6, dated 7/22/14) W CITY Public Facility ▪ Culinary ▪ Water ▪ ▪ ▪ Table 18.70.01: Minimum Service Capacity Standards Minimum Capacity Service Standard Affected Area Source: 864 gallons per day per connection (ERU) must be available (peak day) Storage: 400 gallons per ERU Distribution System Pressure Capacity: 50 psi (peak instantaneous) Fire Flow: 20 psi at required fire flow for the proposed development Culinary water infrastructure must be available and ability to connect for the proposed development Pleasant View City Water: Properties that lie within city limits east of Highway 89 ▪ ▪ Secondary Water ▪ ▪ Minimum capacity service standard as determined by the culinary water service provider (i.e. will-serve letter) Bona Vista Water District: Properties that lie within the city limits west of Highway 89 Sufficient water shares (as determined by the secondary water service provider) to cover the ground proposed for development Secondary water infrastructure must be available and ability to connect for the proposed development Minimum capacity service standard as determined by the secondary water provider (i.e. will-serve letter) Citywide ▪ Detention: 0.1 CFS per acre release rate W CITY Storm Drain ▪ ▪ ▪ Detention Basin Volume: 100-yr storm Piping System Capacity: 10-yr storm Impacts on entire system evaluated in storm water model. Consideration will be given for new, expansion or use of existing regional detention basins. Citywide Sewer ▪ Impacts on entire system evaluated in sewer model ▪ Minimum service capacity standard as determined by the sewer district at district Citywide connections (i.e. will-serve letter Streets ▪ Two means of ingress/egress for a maximum of 50 dwelling units (this is determined to be an aggregate of both existing and proposed dwelling units from the last public intersection that has two means of ingress/egress) ▪ If projected site traffic (greater than) > 1,000 ADT, OR Projected peak hour Pleasant View City Streets traffic (greater than) > 200; a Traffic Study will be required. The level of traffic study required will be determined using the UDOT’s Traffic Impact Study Levels (I, II, III or IV) ▪ Impact of additional truck traffic ▪ Approval of new or improved access State Roads (UDOT): 2700 North and US-89 W CITY Applicant wants to make a development request to the City Does Development Request Require Additional ERU’s? Diagram 18.70.02: Adequacy Determination Process Proceed to formal submittal for development request. NO YES Apply for and proceed through adequacy determination process OPTIONAL: Applicant can make informal submittal to obtain additional information (e.g. concept plan review) Proceed to formal submittal for development request, not more than one year from date of determination adoption. Positive Adequacy (or Conditioned Positive Adequacy) Determination adopted by Council? N1O8 - 200 YES Cannot proceed to formal submittal for development request. May re-apply for new adequacy determination, no sooner than update of next Annual Review Report.