Chapter 6
INSTALLATION AND GUARANTEE OF DEVELOPMENT IMPROVEMENTSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042
10-6-1: CONSTRUCTION PLANS:
10-6-2: REQUIRED DEVELOPMENT IMPROVEMENTS AND IMPROVEMENT AGREEMENT:
10-6-3: PHASING:
10-6-4: FINANCING:
10-6-5: WARRANTY:
10-6-6: MAINTENANCE:
10-6-7: REVOCATION:
10-6-8: IMPROVEMENT AGREEMENT AND GUARANTEE OF COMPLETION:
10-6-9: FAILURE TO COMPLETE REQUIRED DEVELOPMENT IMPROVEMENTS:
10-6-10: TEMPORARY IMPROVEMENTS:
10-6-11: ACCEPTANCE OF DEDICATION OFFERS:
10-6-12: INSPECTION OF REQUIRED DEVELOPMENT IMPROVEMENTS:

10-6-1: CONSTRUCTION PLANS:linklink


A. Required; Scale: Construction plans shall be prepared for all required improvements and submitted to the CDD or designated planning staff member. Plans shall be drawn at a scale of no more than one inch equals fifty feet (1" = 50'), and map sheets shall be of the same size as the plat. The following shall be shown:

1. Profiles showing existing and proposed elevations along centerlines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred feet (100') of the intersection shall be shown. Approximate radii of all curves, lengths of tangents, and central angles of all roads shall be shown.

2. The CDD or designated planning staff member may require, where steep slopes exist, that cross sections of all proposed roads be provided at one hundred foot (100') stations. The cross sections shall extend at right angles from the centerline to twenty five feet (25') beyond the catch point of the cut or fill slope. The cross section shall indicate the location of the property lines (right of way lines).

3. Plans and profiles showing the locations and typical cross section of road pavements, including curbs and gutters, sidewalks, drainage easements, servitudes, rights of way, manholes, and catch basins; the location of road trees, road lighting standards, and road signs; the location, size, and invert elevations of existing and proposed sanitary sewers, stormwater drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures.

4. Location, size, elevation and other appropriate descriptions of any existing facilities or utilities, including, but not limited to, existing roads, sewers, drains, water mains, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, features noted on the general plan at the point of connection to proposed facilities and utilities within the subdivision, and each tree with a diameter of two inches (2") or more, measured twelve inches (12") above ground level. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to the USGS datum plane. If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established not less than twenty feet (20') back from the ordinary high water mark of such waterways.

5. Topography at the same scale as the sketch plan with contour intervals of two feet (2'), referred to sea level datum. All datum provided shall be the latest applicable U.S. coast and geodetic survey datum and should be so noted on the plat.

6. All specifications and references required by the county construction standards and specifications, including a site grading plan for the entire subdivision.

7. Notation of approval as follows:

                       
Owner  
              
Date  
                       
County manager  
              
Date  

8. Title, name, address and signature of professional engineer and surveyor, and revision dates.


B. Construction Plan Review:

1. General Application Requirement: Construction plans shall be prepared by or under the supervision of a professional engineer or architect registered in the state as required by state law governing such professions. Plans submitted for review by the county shall be dated and bear the responsible engineer's or architect's name, registration number and the designation of "professional engineer", "PE" or "architect", and an appropriate stamp or statement identifying that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the county shall bear the seal and signature of the engineer or architect and the date signed on all sheets of the plans. Public improvements in roads, alleys, rights of way or easements shall be designed by a professional engineer registered in the state.

2. Construction Plan Review Procedure: Copies of the construction plans, and the required number of copies of the plat or site plan shall be submitted to the CDD or designated planning staff member for final approval prior to submittal of a final plat or site plan. The plans shall contain all necessary information for construction of the project, and other special features. Each sheet of the plans shall contain a title block, including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The county engineer will release the plans for construction, subject to approval of the final plat or site plan by the county manager and payment of all necessary fees. Upon such release, each contractor shall maintain one set of plans, stamped and signed by the county, on the project at all times during construction.

3. Preconstruction Conference: The county engineer may require that all contractors participating in the construction shall meet for a preconstruction conference to discuss the project prior to beginning work.

4. Conditions Prior To Authorization: Prior to authorizing construction, the engineer shall be satisfied that the following conditions have been met:

a. The subdivision plat or site plan shall have been approved as required in this title.

b. All required contract documents shall be completed and filed with the county engineer.

c. All necessary off site easements or dedications required for public facilities not shown on the final plat or site plan must be conveyed solely to the county, or other agency approved by the county, with proper signatures affixed. The original of the documents, and filing fees as determined by the CDD or designated planning staff member, shall be delivered to the county engineer prior to approval and release of the construction documents.

d. All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the county engineer. These plans shall remain on the job site at all times.

e. A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the county engineer.

f. All applicable fees must be paid to the county. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549259
10-6-2: REQUIRED DEVELOPMENT IMPROVEMENTS AND IMPROVEMENT AGREEMENT:linklink

Where applicable, the following improvements and related items shall be constructed or provided and guaranteed by the applicant, in a form and amount satisfactory to the county, as a condition of final subdivision plat or final site plan approval. The installation of required development improvements shall be at the applicant's expense.


A. Temporary and permanent, structural and nonstructural soil conservation measures, and revegetation plantings;


B. Temporary and permanent, structural and nonstructural runoff control measures;


C. Structural or nonstructural measures intended to mitigate soils or slope limitations or geologic or avalanche hazards;


D. Buffering, screening and landscaping;


E. Utilities, including water and sewerage service;


F. Roads or road improvements, both public and private;


G. School bus turnaround, shelters and related features;


H. Required street and intersection lighting;


I. All road identification and traffic control devices;


J. Curbing and gutters, and sidewalks, if required by the county manager;


K. Trails;


L. Parking and loading areas;


M. Recreational facilities, including parks and/or other amenities represented by the applicant; and


N. All community benefits proposed by the applicant in exchange for density incentives through an approved SPA plan. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549260
10-6-3: PHASING:linklink

For site plan improvements, installation may be phased in accord with an approved phasing plan submitted with the application for a building permit and approved by the county manager. In subdivisions, a separate final plat or site plan shall be filed on each phase of the development. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549261
10-6-4: FINANCING:linklink

Installation of the improvements required in a development or development phase may be guaranteed by:


A. Installation of all required and represented improvements with an approved improvement agreement, as provided in section 10-6-8 of this chapter, prior to the filing of a final plat or final site plan; or


B. Provision of security for installation of improvements as provided in section 10-6-8 of this chapter. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549262
10-6-5: WARRANTY:linklink

All improvements shall be warranted by the applicant for two (2) full years of normal operation. The county shall either retain ten percent (10%) of the bond or escrow total, or require a bond or escrow equal to ten percent (10%) of the required total improvement costs until twenty four (24) months from the date of completion of the improvements and acceptance thereof by the county as a warranty should the improvements prove to be defective during said twenty four (24) month period. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549263
10-6-6: MAINTENANCE:linklink

The maintenance of all required improvements shall be assigned to an appropriate public entity (such as the county or the Snyderville Basin water reclamation district) or private (such as a homeowners' association) entity in a dedication, contract, covenant or other agreement. Such agreement shall be accepted by the county manager and the county attorney as sufficient to assure perpetual maintenance of the improvements. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549264
10-6-7: REVOCATION:linklink

Failure to properly install, warrant or maintain all required improvements shall result in the suspension or revocation of a development permit or certificate of occupancy. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549265
10-6-8: IMPROVEMENT AGREEMENT AND GUARANTEE OF COMPLETION:linklink


A. Improvement Agreement: The property owner shall enter into an improvement agreement incorporating approved development plans and by which the owner covenants to complete all required development improvements no later than twenty four (24) months following the date upon which the final plat or site plan is approved. This two (2) year deadline may be extended by the county manager upon showing of sufficient cause, but no additional phase of the development shall be permitted during such an extension. The improvement agreement shall be approved by the county manager. The county manager may also require the property owner to complete and dedicate some required public improvements prior to approval of the final plat or final site plan and to enter into an improvement agreement for completion of the remainder of the required improvements during such period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and county.


B. Covenants To Run With The Land: The improvement agreement shall provide that the covenants contained therein shall run with the land and bind all successors, heirs and assigns of the property owner. The improvement agreement shall be recorded in the office of the county recorder and on file with the department of community development. All existing lien holders shall be required to subordinate their liens to the covenants contained in the improvement agreement.


C. Security: Whenever the county permits a property owner to enter into an improvement agreement after approval of a final plat or site plan, it shall require the owner to provide sufficient security to ensure completion of the required development improvements. The security shall be in the form of either:

1. Letter Of Credit: A letter of credit, in the amount of one hundred twenty percent (120%) of the estimated cost of improvements, drawn upon a state or national bank. Said letter of credit shall: a) be irrevocable; b) be of a term sufficient to cover the completion, plus sixty (60) days, and warranty periods; and c) require only that the county present the issuer with a signed draft and a certificate signed by an authorized representative of the county certifying to the county's right to draw funds under the letter of credit; or

2. Escrow Account: Establishment of a cash escrow account in the amount of one hundred twenty percent (120%) of the estimated cost of the improvements. The terms of the escrow account shall only require that the county present the agent with a signed draft and a certificate signed by an authorized representative of the county certifying to the county's right to draw funds on the account to complete the required improvements. Acceptable escrow agents shall be the county treasurer's office, or banks or savings institutions which are federally insured.

3. Performance Or Subdivision Bond: A bond in the amount of one hundred twenty percent (120%) of the estimated cost of the improvements shall be submitted. The underwriting limitation is stated in the United States department of treasury circular 570, "Surety Companies Acceptable On Federal Bonds". Only companies listed in the department of treasury circular 570 are acceptable.

4. Release Of Security: As portions of the required development improvements are completed in accordance with the improvement agreement, county regulations and the approved development plans, the developer may make application to the engineer to reduce the amount of the original letter of credit or cash escrow. If the county manager is satisfied that such portion of the improvements has been completed in accordance with county standards, they may cause the amount of the letter of credit or cash escrow to be reduced by such amount that they deem appropriate, so that the remaining amount of the letter of credit or cash escrow adequately insures the completion of the remaining required development improvements.

5. Governmental Units: Governmental units to which these contract and security provisions apply may file, in lieu of the security, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this chapter. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549266
10-6-9: FAILURE TO COMPLETE REQUIRED DEVELOPMENT IMPROVEMENTS:linklink

For plats or site plans for which no improvement agreement has been executed and no security has been posted, if the required development improvements are not completed within the period specified by the county, the final plat or site plan approval shall be deemed to have lapsed and shall be null and void, and further proceedings on the plat or site plan shall terminate. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the county may:


A. Declare the agreement to be in default and require that all the required development improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;


B. Obtain funds under the security and complete the required development improvements itself or through a third party;


C. Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which required development improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the tract; or


D. Exercise any other rights available under the law. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549267
10-6-10: TEMPORARY IMPROVEMENTS:linklink

The property owner shall build and pay for all costs of temporary improvements required by the county manager and shall maintain those temporary improvements for the period specified by the county manager. Prior to construction of any temporary facility or improvement, the owner shall file with the county a separate improvement agreement and escrow, or, where authorized, letter of credit, in an appropriate amount equal to one hundred twenty percent (120%) of the estimated cost of installation and removal of such temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549268
10-6-11: ACCEPTANCE OF DEDICATION OFFERS:linklink

Acceptance of formal offers of dedication of roads, public areas, easements and parks shall be by application to the director and county engineer and approval of the county manager by ordinance following a recommendation by the CDD or designated planning staff member and county engineer. The approval by the county manager of a plat or site plan, whether preliminary or final, shall not of itself be deemed to constitute or imply the acceptance by the county of any road, easement or park shown on the plat or site plan. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549269
10-6-12: INSPECTION OF REQUIRED DEVELOPMENT IMPROVEMENTS:linklink


A. General Procedure: The property owner shall be responsible for providing all construction engineering and surveying, materials testing and construction administration. The construction inspection provided by the property owner shall be supervised by the engineer of record and the county engineer. Construction shall be in accordance with the approved plans, standard specifications and standard details of the county (Summit County design and construction standards are provided under separate cover). Any change in design shall be approved by the county engineer. If the county engineer finds upon inspection that any of the required public improvements have not been constructed in accordance with the county construction standards and specifications, the property owner shall be responsible for completing and/or correcting the public improvements.


B. Certificate Of Satisfactory Completion: The county will not accept dedication of required development improvements until the applicant's engineer of record or surveyor has certified to the county engineer, through submission of a detailed as built survey plat of the property, the location, dimensions, materials and other information required by the county engineer. The as built shall also include a complete set of drawings of the paving, drainage, water, sanitary sewer, or other required development improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat or site plan. Each as built sheet shall show all changes made in the plans during construction and on each sheet there will be an as built stamp bearing the signature of the engineer of record and the county engineer, and date.


C. Engineer To Provide Drawings: The applicant's engineer shall provide to the county two (2) reproducible drawings and a CAD drawing file compatible with the county's CAD system, of the final plat or site plan and each of the utility plan sheets containing the as built information. When such requirements have been met, and verified by the county engineer and CDD or designated planning staff member, the county shall thereafter accept the required development improvements for dedication in accordance with the established procedure as set forth in section 10-6-11 of this chapter. "Acceptance of the development" shall mean that the developer has transferred all rights to all the public improvements to the county for use and maintenance. The county manager may, at his discretion, accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of the required development improvements. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30042#s549270