17-27a-604.5. Subdivision plat recording or development activity before required infrastructure is completed — Improvement completion assurance — Improvement warranty.
(1)
As used in this section, “public landscaping improvement” means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that:
Terms Used In Utah Code 17-27a-604.5
Development activity: means :
(a)
any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
(b)
any change in use of a building or structure that creates additional demand and need for public facilities; or
(c)
any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103
Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(a)
recording a subdivision plat; or
(b)
development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103
Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(a)
complies with the county's written standards for design, materials, and workmanship; and
(b)
will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 17-27a-103
Improvement warranty period: means a period:
(a)
no later than one year after a county's acceptance of required landscaping; or
(b)
no later than one year after a county's acceptance of required infrastructure, unless the county:
(i)
determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and
(ii)
has substantial evidence, on record:
(A)
of prior poor performance by the applicant; or
(B)
that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 17-27a-103
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
(a)
is required for human consumption; and
(b)
an applicant must install:
(i)
in accordance with published installation and inspection specifications for public improvements; and
(ii)
as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(b)
if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
(a)
will be dedicated to and maintained by the county; or
(b)
are associated with and proximate to trail improvements that connect to planned or existing public infrastructure.
(2)
A land use authority shall establish objective inspection standards for acceptance of a required public landscaping improvement or infrastructure improvement.
(3)
(a)
Before an applicant conducts any development activity or records a plat, the applicant shall:
(i)
complete any required public landscaping improvements or infrastructure improvements; or
(ii)
post an improvement completion assurance for any required public landscaping improvements or infrastructure improvements.
(b)
If an applicant elects to post an improvement completion assurance, the applicant shall provide completion assurance for:
(i)
completion of 100% of the required public landscaping improvements or infrastructure improvements; or
(ii)
if the county has inspected and accepted a portion of the public landscaping improvements or infrastructure improvements, 100% of the incomplete or unaccepted public landscaping improvements or infrastructure improvements.
(c)
A county shall:
(i)
establish a minimum of two acceptable forms of completion assurance;
(ii)
if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this title, and any local ordinances;
(iii)
establish a system for the partial release of an improvement completion assurance as portions of required public landscaping improvements or infrastructure improvements are completed and accepted in accordance with local ordinance; and
(iv)
issue or deny a building permit in accordance with Section 17-27a-802 based on the installation of public landscaping improvements or infrastructure improvements.
(d)
A county may not require an applicant to post an improvement completion assurance for:
(i)
public landscaping improvements or infrastructure improvements that the county has previously inspected and accepted;
(ii)
infrastructure improvements that are private and not essential or required 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; or
(iii)
in a county where ordinances require all infrastructure improvements within the area to be private, infrastructure improvements within a development that the county requires to be private;
(iv)
landscaping improvements that are not public landscaping improvements, as defined in Section 17-27a-103, unless the landscaping improvements and completion assurance are required under the terms of a development agreement.
(4)
(a)
Except as provided in Subsection (4)(c), as a condition for increased density or other entitlement benefit not currently available under the existing zone, a county may require a completion assurance bond for landscaped amenities and common area that are dedicated to and maintained by a homeowners association.
(b)
Any agreement regarding a completion assurance bond under Subsection (4)(a) between the applicant and the county shall be memorialized in a development agreement.
(c)
A county may not require a completion assurance bond for the landscaping of residential lots or the equivalent open space surrounding single-family attached homes, whether platted as lots or common area.
(5)
The sum of the improvement completion assurance required under Subsections (3) and (4) may not exceed the sum of:
(a)
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
(b)
10% of the amount of the bond to cover administrative costs incurred by the county to complete the improvements, if necessary.
(6)
At any time before a county accepts a public landscaping improvement or infrastructure improvement, and for the duration of each improvement warranty period, the land use authority may require the applicant to:
(a)
execute an improvement warranty for the improvement warranty period; and
(b)
post a cash deposit, surety bond, letter of credit, or other similar security, as required by the county, in the amount of up to 10% of the lesser of the:
(i)
county engineer’s original estimated cost of completion; or
(ii)
applicant’s reasonable proven cost of completion.
(7)
When a county accepts an improvement completion assurance for public landscaping improvements or infrastructure improvements for a development in accordance with Subsection (3)(c)(ii), the county may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the building code and fire code.
(8)
The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.
