Subdivision plat recording or development activity before required infrastructure is completed -- Improvement completion assurance -- Improvement warranty.
Subdivision plat recording or development activity before required infrastructure is completed -- Improvement completion assurance -- Improvement warranty.
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(1) A land use authority shall establish objective inspection standards for acceptance of a landscaping or infrastructure improvement that the land use authority requires.
(2)
(a) Before an applicant conducts any development activity or records a plat, the applicant shall:
(i) complete any required landscaping or infrastructure improvements; or
(ii) post an improvement completion assurance for any required landscaping 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 landscaping or infrastructure improvements; or
(ii) if the municipality has inspected and accepted a portion of the landscaping or infrastructure improvements, 100% of the incomplete or unaccepted landscaping or infrastructure improvements.
(c) A municipality 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 landscaping or infrastructure improvements are completed and accepted in accordance with local ordinance; and
(iv) issue or deny a building permit in accordance with Section 10-9a-802 based on the installation of landscaping or infrastructure improvements.
(d) A municipality may not require an applicant to post an improvement completion assurance for:
(i) landscaping or an infrastructure improvement that the municipality 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 municipality where ordinances require all infrastructure improvements within the area to be private, infrastructure improvements within a development that the municipality requires to be private.
(3) At any time before a municipality accepts a landscaping or infrastructure improvement, and for the duration of each improvement warranty period, the municipality 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 municipality, in the amount of up to 10% of the lesser of the:
(i) municipal engineer's original estimated cost of completion; or
(ii) applicant's reasonable proven cost of completion.
(4) When a municipality accepts an improvement completion assurance for landscaping or infrastructure improvements for a development in accordance with Subsection (2)(c)(ii), the municipality 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.
(5) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.