Land Use and Development
LAND USE AND DEVELOPMENT
14.01 Milford City Housing Trust Fund
14.02 Subdivision Code
Milford City Housing Trust Fund
14.01.020 Creation and Administration
14.01.030 Housing Committee - Duties
14.01.040 Distribution of Fund Moneys
14.01.050 Activities Authorized to Receive Fund Moneys - Powers of the Committee
14.01.060 Entities Authorized to Receive Fund Moneys
14.01.070 Application Process
14.01.080 Annual Reporting and Accounting
SECTION 14.01.010 Definitions
As used in this section:
"Committee" means the Citywide Housing Committee.
"Fund" means the Milford City Housing Trust Fund in the General Fund created by this section.
SECTION 14.01.020 Creation and Administration
1. There is created a restricted account in the General Fund known as the Milford City Housing Trust Fund, administered by the committee.
2. The Milford City Council shall be the trustee of the fund.
3. There shall be deposited into the fund:
A. Grants, paybacks, bonuses, entitlements, and other moneys received by the county from federal, state or local governments to acquire property, preserve, rehabilitate, build, restore, or renew housing:
B. Moneys appropriated to the fund by the Commission; and
C. Contributions made specifically for this purpose from other sources.
4. The moneys in the fund shall be invested by the city treasurer according to the procedures and requirements of Utah Code Annotated Title 51, Chapter 7, and any applicable city ordinances and/or policies, except that all interest or other earnings derived from fund moneys shall be deposited in the fund.
SECTION 14.01.030 Housing Committee - Duties
1. There is created a Housing Committee to assist the Council in determining how fund moneys shall be allocated and distributed.
2. The Council shall designate the members of the committee as follow:
A. One representative from the City Council who shall serve as chair.
B. One representative from the Milford City Planning Committee.
C. e representative from the Milford Businessperson Association..
D. Two citizen members.
3. The committee shall:
A. Coordinate city efforts in order to maximize the use of resources to benefit the public in the provision of affordable housing:
B. Advise the Council on housing needs in the City:
C. Advise the Council on relevant operational aspects of any grant, loan, or revenue collection program established under the authority of this section:
D. Advise the Council on means to implement the policies and goals of this section; and
E. Recommend specific projects to the Council that the committee considers should receive grant or loan moneys.
SECTION 14.01.040 Distribution of Fund Moneys
1. The Council shall make grants and loans from the fund for any of the activities authorized by Part 15-140 as recommended by the committee.
2. The committee shall:
A. Establish the criteria by which loans and grants will be made;
B. Determine the order in which projects will be funded; and
C. Recommend distribution of any federal moneys contained in the fund according to the procedures, conditions, and restrictions placed upon the use of those moneys by the federal government.
3. The committee shall recommend distribution of all other moneys from the fund according to the following guidelines:
A. Up to 5%, but not more than $20,000, of fund moneys may be recommended by the committee to offset committee administrative expenses.
B. At least 50% of the moneys in the fund shall be distributed as loans to be repaid to the fund by the entity receiving them.
1. Of the fund moneys distributed as loans, priority shall be given to loans to benefit persons whose annual income is at or below 50% of the median family income for the county.
2. The remaining loan moneys shall be distributed to benefit persons whose annual income is at or below 80% of the median family income for the county.
4. The committee shall recommend loans in accordance with Subsection (3) at a rate based upon the borrower's ability to pay.
5. Any fund moneys not distributed as loans shall be distributed as grants.
A. 95% of the fund moneys distributed as grants shall be distributed to benefit persons whose annual income is at or below 50% of the median family income for the county.
B. The remaining 5% of the fund moneys may be recommended by the committee to be used in obtaining federal matching funds or for other uses consistent with the intent of this section, including payment of reasonable loan processing fees, but may not be used to offset committee administrative expenses.
SECTION 14.01.050 Activities Authorized to Receive Fund Moneys - Powers of the Committee
1. The committee may recommend fund moneys be provided to any of the following activities:
A. Acquisition, leasing, rehabilitation, or new construction of low-income housing units:
B. Matching funds for social services projects directly related to providing housing for special-need renters in assisted projects:
C. Shelters and transitional housing for the homeless:
D. Other activities that will assist in improving the availability or quality of housing in the county for low-income persons: and
E. Environmental reconnaissance or assessments of real property inspection, removal and rehabilitation of structures containing asbestos building materials, electrical transformers filled with PCB's, and underground storage tanks, and
F. Pre-development costs for feasibility studies and for architectural and engineering services: and,
G. Downpayment and/or closing costs assistance for qualified first time homebuyers.
2. The committee may recommend any act necessary or convenient to the exercise of the powers granted by this part or reasonably implied therefrom including:
A. Making or executing contracts and other instruments necessary or convenient for the performance of the committee's duties and the exercise of the committee's powers and functions under this section, including contracts of agreements for the servicing and originating of mortgage loans:
B. Procuring insurance against any loss in connection with property or other assets held by the fund, including mortgage loans, in amounts and from insurers it considers desirable:
C. Entering into agreements with any department, agency, or instrumentality of the United States, the State of Utah, Beaver County or any Municipality within Beaver County and with mortgagors and mortgage lenders for the purpose of planning and regulating and providing for the financing and refinancing, purchase, constructions, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale, or other disposition of any residential housing undertaken with the assistance of the county under the section:
D. Proceeding with the foreclosure action, to own, lease, clear, reconstruct, rehabilitate, repair, maintain, operate, assign, encumber, sell, or otherwise dispose of any real or personal property obtained by the fund due to the default on any mortgage loan held by the fund in preparation for disposition of the property, taking assignments of leases and rentals, proceeding with foreclosure actions, and taking other actions necessary or incidental to the performance of its duties; and
E. Selling, pursuant to law, any mortgage or other obligation held by the fund.
SECTION 14.01.060 Entities Authorized to Receive Fund Moneys
The committee may recommend that the Council grant or lend fund moneys to housing sponsors.
1. "Housing sponsor" includes but is not limited to a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, residential housing to low and moderate income persons. A housing sponsor includes:
A. A local public body:
B. A nonprofit. limited profit, or for profit corporation:
C. A limited partnership:
D. A limited liability company:
E. A joint venture:
F. A cooperative:
G. A municipal government:
H. A local housing authority: or
I. A regional or statewide nonprofit housing or assistance organization.
2. The committee may recommend that the council grant or lend fund moneys to qualified first time homebuyers whose household income is 80 % or less of the area median income.
SECTION 14.01.070 Application Process
The committee shall develop an application process to be recommended to the Council for approval. Said process, as it may be amended from time to time, is hereby incorporated herein, by reference, in full.
SECTION 14.01.080 Annual Reporting and Accounting
1. The committee shall monitor the activities of recipients of grants and loans issued under this section on an annual basis to ensure compliance with the terms and conditions imposed on the recipient by the Council or this section.
2. Entities receiving grants or loans shall provide to the committee, the Council and the city Recorder, by December 30 of each year for the preceding year, an annual accounting of how moneys received from the fund have been spent.
3. An annual report shall be prepared by the committee and submitted to the Council by June 1 of each year, detailing expenditures and uses of fund moneys.
4. Ongoing commitments shall be reauthorized as part of the annual budget process.
14.02.010 Authority and Title
14.02.020 Purpose and Application
14.02.030 Conformity to General Plan, Specific Plan and Zoning Regulations
14.02.050 General Provisions
14.02.080 Improvement Standards
14.02.090 Maps and Plats Required
14.02.100 Undergrounding of Utilities
14.02.110 Storm Drain Retention and Sewer
14.02.120 Water Supply
14.02.140 Wind Erosion
14.02.150 Energy Conservation
14.02.170 Curb, Gutter and Sidewalk
14.02.180 Required Improvements
14.02.190 Improvement Plans
14.02.200 Supplemental Improvements
14.02.210 Improvement Agreement
14.02.220 Improvement Security
14.02.230 Construction and Inspection
14.02.240 Completion of Improvements
14.02.250 Acceptance of Improvements
14.02.260 Dedication of Streets, Alleys and Other Rights-of-Way or Easement
14.02.280 Parks and Recreation Facilities
14.02.300 Waiver of Direct Access Rights
14.02.310 Vacation or Change of Subdivision Plats
14.02.320 Notice of Hearing for Plat Change
14.02.330 Grounds for Vacation or Changing a Plat
14.02.340 Project Phasing
14.02.350 Enforcement and Penalties
14.02.360 Sketch Plan Review (Pre-Application)
14.02.370 Submittal Requirements (Application)
14.02.390 Approval Process
SECTION 14.02.010 Authority and Title
This article is adopted to supplement and implement the provisions of Utah Code, Title 10, Chapter 9a, Part 6 "Subdivisions." In 1991 the Utah Legislature changed the definition of a subdivision to mean "...any land that is divided, resubdivided 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...".This Article may be cited as the "Subdivision Ordinance of Milford City, UT."
SECTION 14.02.020 Purpose and Application
1. The purpose of this chapter and any rules, standards and specifications adopted pursuant hereto is to regulate and control the division of land within Milford City and to supplement the provisions of Utah Code concerning the design, improvement, the form and content and procedures to be followed in securing official approval regarding such division of property maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the public health, safety and general welfare, to promote orderly growth and development, and to promote open space protection and proper use of land and to insure provision for adequate traffic circulation, utilities, stormwater protection and public services.
2. The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within Milford City.
SECTION 14.02.030 Conformity to General Plan, Specific Plan and Zoning Regulations
1. To be approved, any map of a proposed division of land and the provisions for the design and improvement must be found by the Planning and Zoning Commission and city council, when applicable, to be consistent with the adopted general plan, any applicable specific plan, and the zoning regulations of Milford City.
2. The type and intensity of land use as shown on the general plan shall determine the types of streets, roads, highways, utilities, storm drain facilities, and public service that shall be provided by the developer pursuant to Milford City Engineering Standards.
SECTION 14.02.040 Responsibilities
1. The City attorney, or designee, shall be responsible for approving as to form all subdivision improvement agreements, subdivision improvement securities, and covenants, conditions, and restrictions required for a division of land.
2. The City Council shall have final jurisdiction over plat maps, and improvement agreements related thereto, acceptance by the city of lands and/or improvements as may be proposed for dedication to the city as a result of the subdivision process.
3. The city engineer, or designee, shall be responsible for:
A. Recommending design and construction details, standards and specifications for inclusion in the Improvement Standards and Specifications.
B. Determining if proposed subdivision improvements comply with the provisions of this article and for reporting the finding together with any recommendations for approval, or conditional approval, of the preliminary plat to the city council for subdivisions.
C. The processing and certification of final plats, reversions to acreage, and amended maps; the processing and approval of subdivision improvement plans, merger and certificate of compliance.
D. The inspection and approval of plat improvements.
E. The acceptance of private improvements (improvements not to be maintained by the city).
F. Certification to the city council that all the findings can be made concerning notice requirements governing conversion of residential real property into a condominium project.
4. The City Engineer shall be responsible for the management of public works engineering in carrying out the responsibilities of this article.
5. The Planning and Zoning Commission shall be responsible for:
A. Processing all preliminary plats in compliance with this article and other related regulations such as, The Milford City General Plan, The Milford City Zoning Ordinance, floodplain management regulations, specific plans.
B. For developing administrative criteria for processing preliminary plats.
C. The certification of final maps and CC&R's as to conformance with approved plat maps, and conditions applied thereto.
D. Approving lot line adjustments.
E. Making recommendations to the city council concerning subdivisions or condominium projects.
SECTION 14.02.050 General Provisions
1. The applicant, as a condition of approval of the preliminary plat and prior to the recordation of the final plat, consistent with The Municipal Land Use Development and Management Act, shall improve or agree and guarantee to improve all land either within or outside the subdivision to be used for public or private streets, alleys, pedestrian ways, easements or other improvements in compliance with this Ordinance.
2. A person may not file or record a plat of a subdivision of land in the county recorder's office unless a recommendation for approval has been received from the Planning and Zoning Commission and it has been approved by the City Council and the approvals are entered in writing on the plat by the mayor.
SECTION 14.02.060 Definitions
Whenever any words or phrases as used in this chapter are not defined herein, the most common usage of such word or phrase shall be deemed to apply.
1. "Advisory agency" means:
A. The Planning and Zoning Commission for all purposes concerning preliminary plats, and
B. The director of planning and development for all purposes concerning lot line adjustments.
2. "Appeal board" means the city council of Milford City unless otherwise noted.
3. "General plan" means the general policies and development plan; including all adopted elements, in effect in Milford City.
4. "Lot line adjustment" means a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created.
5. "Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel.
6. "Peripheral street" means a street where right-of-way is contiguous to the exterior boundary of a subdivision.
7. "Remainder" means that portion of an existing parcel which is not included as part of the subdivided land but must be shown on the required maps as part of the area surrounding subdivision development.
8. "Subdivision" means any land which is divided, resubdivided 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.
9. "Improvement standards and specifications" means the standard details and specifications, and other standards that are adopted as supplemental to this chapter that govern the improvements to be constructed pursuant to this chapter.
10. "Zoning regulations" means the zoning ordinance of Milford City, as adopted pursuant to state law.
11. "Design" means:
A. Street alignments, grades and widths;
B. Drainage and sanitary facilities and utilities, including alignments and grades thereof;
C. Location and size of all required easements and rights-of-way;
D. Fire roads and fire breaks;
E. Lot size and configuration;
F. Traffic access;
H. Land to be dedicated for park or recreational purposes; and
I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.
12. "Improvement" refers to such street work, storm drainage, utilities, and landscaping to be installed, or agreed to be installed, by the applicant on the land to be used for public or private streets, highways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the applicant, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.
SECTION 14.02.070 Exemptions
1. Any subdivision of land, of no more than six (6) lots, may be sold by metes and bounds without the necessity of recording a plat if:
A. The parcel(s) is(are) within the boundaries of Milford City.
B. A recommendation for approval has been received from the City Manager and where needed, because of unusual circumstances, the Planning and Zoning Commission of Milford City, UT;
C. The parcel or parcels are not traversed by the mapped lines of a proposed street as shown in the General Plan of Milford City, UT and does not require the dedication of any land for street or other public purposes; and
D. Each lot of the subdivision meets the frontage, width and area requirements of the zone in which it lies, or has been granted a variance from those requirements by the Board of Adjustments
SECTION 14.02.080 Improvement Standards
1. The applicant shall provide and install all required streets and related improvements, either within or outside the subdivision, in compliance with the policies and procedures of the Milford City Engineering Standards, and the serving utility company. These improvement requirements shall be imposed as a condition of approval at the preliminary plat stage, and shall be completed or bonded for prior to recordation of the final plat.
2. After final approval of the street lighting systems, it shall become the property of the City except where installed by a public utility or attached to poles or a system owned by a public utility.
SECTION 14.02.090 Maps and Plats Required
1. Whenever any lands are laid out and platted, the owner of the land shall cause an accurate map or plat to be made of them that sets forth and describes:
A. All the parcels of ground laid out by their boundaries, course and extent, and whether they are intended for streets or other public uses, together with any areas that are reserved for public purposes; and
B. All blocks and lots intended for sale, by numbers, and their precise length and width.
2. The owner of the land shall acknowledge the map or plat before an officer authorized by law to take the acknowledgement of conveyances of real estate.
A. The surveyor making the map or plat shall certify it.
B. The legislative body shall approve the map as provided.
3. After the map or plat has been acknowledged, certified and approved, the owner of the land shall file and record it in the Beaver County Recorder's Office.
SECTION 14.02.100 Undergrounding of Utilities
The applicant, as a condition of approval of a preliminary plat, shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities (e.g. cable television, electric, gas, telephone and water), within the subdivision and along peripheral streets.
SECTION 14.02.110 Storm Drain Retention and Sewer
The applicant, as a condition of approval of the preliminary plat, shall provide and install storm drainage and/or retention improvements and sanitary sewer facilities, within and/or outside the subdivision, in compliance with the Milford City Engineering Standards.
SECTION 14.02.120 Water Supply
The applicant, as a condition of approval of a preliminary plat, shall provide and install adequate water supply facilities as stipulated by the impact fee ordinance, either within and/or outside the subdivision, in compliance with the requirements of the Milford City Engineering Standards. Design and installation plans shall be subject to approval by the City Engineer.
SECTION 14.02.130 Wells
Any water wells which are required to be abandoned by conditions of approval or state law shall be abandoned in a manner approved by the City Engineer and the State Department of Water Resources. The location of any well shall be delineated on the final map, and well logs, if available, shall be submitted to the City.
SECTION 14.02.140 Wind Erosion
The applicant, as a condition of approval of a preliminary plat, for a subdivision located within an area subject to high wind erosion shall comply with the following standards, consistent with the General Plan and this Ordinance:
1. Lots within and/or outside of the subdivision that have had soil disturbed during construction shall be covered with protective landscaping materials, subject to the approval of the City Engineer; and,
2. Prior to and during construction, streets and disturbed open areas within and/or outside of the subdivision shall be treated by watering or other approved method to prevent fugitive dust.
SECTION 14.02.150 Energy Conservation
The use of passive solar techniques should be incorporated into the design of the subdivision which serves to reduce interior summertime temperatures and increase interior wintertime temperatures.
SECTION 14.02.160 Access
All subdivisions shall abut or have an approved access to a public street. In addition, the following standards shall apply:
1. Each lot or unit within the subdivision shall have approved direct access to a public or private street; and
2. Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision; and
3. Direct driveway access from individual residential lots onto divided major arterials, major arterials or minor arterials shall be avoided; and
4. In the case of private streets, the applicant shall provide an appropriate method for permanent maintenance subject to approval of the City Engineer and the City Attorney; and
5. Reserve strips, or non-access at the end of any street or at the exterior boundary of the subdivision, shall be dedicated unconditionally to the City, when required; and
6. A preliminary plat shall provide for at least two ingress and egress points from collector or, if necessary, arterial roadways.
SECTION 14.02.170 Curb, Gutter and Sidewalk
Any proposed subdivision of land outside the originally recorded plats for Milford City shall be subject to the following:
1. All subdivision proposals regardless of size or exemption shall be required to provide curb, gutter, and sidewalk along all abutting roadways for a distance equal to the length of the common boundary shared with said roadway.
2. Any single family parcel(s) regardless of zoning with lot frontage requirements of 200 feet or greater are not required to provide curb, gutter, and sidewalk along roadways which are interior to the project.
3. Any single family parcel(s) regardless of zoning with lot frontage requirements of less than 200 feet are required to provide curb, gutter, and sidewalk along roadways which are interior to the project.
4. Any parcel(s) which meet the provisions of subsection 1 above shall be subject to the provisions of subsection 2 above in the event that said parcel(s) are re-zoned and re-subdivided such that resulting lots have a required lot frontage of less than 200 feet.
5. Curb, Gutter and Sidewalk. Any Subdivision, or addition of land included in the originally recorded plats for Milford City shall be subject to the following: All owners, as recorded with the Beaver County Recorder, of lot(s), parcels(s) in the City regardless of zoning, size or exemption shall be responsible to maintain, keep clear, repair or replace any curb, gutter, sidewalk, driveways or portions of same that share common boundary with the lot(s), parcel(s) and all abutting roadway.
SECTION 14.02.180 Required Improvements
Completion of improvements outlined within this Chapter shall be in compliance with any agreement entered into by the applicant and the City as well as plans and engineering standards applicable at the time of issuance of grading or building permits.
SECTION 14.02.190 Improvement Plans
Improvement Plans shall be prepared by a registered civil engineer licensed by the State of Utah, and shall include, but not be limited to, all improvements required in this Chapter.
1. Form and Content: The form, content and supporting data of an improvement plan shall conform to the requirements of the City Engineer.
2. Review and Approval by City Engineer: The applicant shall submit the preliminary improvement plans and all supporting data to the City Engineer for review. The applicant shall revise the improvement plans, if necessary, as required by the City Engineer. Upon completion of the improvement plans and satisfaction of all other requirements of this Ordinance, the applicant shall transmit the original set of improvement plans to the City Engineer for final review and signature. The originals shall be retained by the City.
3. Approval by the City Engineer shall in no way relieve the applicant or the applicant's engineer from responsibility for the design of the improvements and for any error, omission or any deficiency resulting from the design or from any required conditions of approval of the preliminary plat.
4. Revisions to Approved Plans:
A. By Applicant: Requests by the applicant for revisions to the approved plans, appearing necessary during construction, shall be submitted in writing to the City Engineer and shall be accompanied by revised drawings showing the proposed revision(s). If found acceptable and consistent with the approved preliminary plat, the amended originals shall be initialed by the City Engineer. Construction of any proposed revision(s) shall not proceed until the revised plans have been initialed by the City Engineer.
B. By City Engineer: When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require, a request shall be made to the applicant. The applicant shall revise the plans and transmit the original(s) to the City Engineer for initialing within the time specified by the Engineer.
C. Construction of all, or any portion of, the improvements may be stopped by the City Engineer, until the revised drawings have been submitted, approved and initialed.
SECTION 14.02.200 Supplemental Improvements
The applicant may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a plat map, and thereafter to dedicate such improvements to the public. However, the applicant shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the applicant to install such improvements to serve the subdivision only, and the actual cost of such improvements . The reimbursement shall be in conformance with an agreement approved by the Council. No improvements shall be constructed prior to approval of the agreement.
1. The owner of property serviced by a sewer main extended by the owner 300 feet or more beyond the existing sewer facilities as measured from the point of connection with such existing facilities to the point where the extension enters the lot, parcel or tract to be served by such line, may file with the city Engineer, 2 copies of an audited report of the costs incurred for the sewer line extension and manhole construction (except laterals) as an application for the reimbursement of the costs. The reports shall be filed within 90 days after written acceptance of such extension by the City. The city Engineer shall review such documentation and shall within 45 days after acceptance of same, make a recommendation to the City Administrator that:
A. All or a portion of the costs be accepted or denied;
B. The City enter into a payback agreement with the owner or applicant. The agreement shall provide that persons making connection to the line be assessed a fee on a pro rata basis as determined by the frontage of the lot, parcel, or tract serviced by the sewer line extension and, that all fees collected shall be paid to the original builder of the line. Any such agreement shall have a maximum term of 10 years and shall not pay interest; or
C. The owner receive immediate payment from the sewer construction fund of the allowed costs of the construction.
2. The recommendation of the City Engineer shall be based upon the following criteria:
A. That the extension represents a logical and reasonable extension of the sewer line;
B. Properties along the extension have a reasonable probability of development within the ensuing 10 years;
C. There are sufficient unencumbered funds in the sewer line construction fund to finance the line;
D. The extension does not conflict with or delay the 5 year sewer line construction plan;
E. The extension is in compliance with the General Plan; and
F. The owner is not receiving any other form of government financing including but not limited to inducement, reimbursement, or fee waiver for such development.
G. Based on the above, the City Administrator shall submit a recommendation to the Council.
3. No reimbursement shall be made hereunder unless and until the City Administration determines that the audited report and verified claim have been filed within the allotted time periods and are otherwise acceptable to the City.
SECTION 14.02.210 Improvement Agreement
The improvement agreement shall be prepared and signed by the Mayor and approved as to form by the City Attorney. The agreement shall provide for the following:
1. Construction of all improvements according to approved plans and specifications on file with the City Engineer;
2. Completion of improvements within the time specified by Section 14.02.180. (Required Improvements);
3. Right by City to modify plans and specifications;
4. Warranty by applicant that construction will not adversely affect any portion of adjacent properties;
5. Payment of fees in compliance with the City's "Schedule of Fees";
6. Payment of in-lieu fees for undergrounding utilities on peripheral streets as well as payment of in-lieu fees for parkland dedication as may be required;
7. Payment of Area of Benefit Fees, if applicable;
8. Improvement security as required by Section 14.02.220. Improvement security for subdivisions of 4 or less parcels shall be provided before performance of the work;
9. Maintenance and repair of any defects or failures and causes thereof;
10. Release of the City from all liability incurred by the subdivision and payment of all reasonable attorney's fees that the City may incur because of any legal action resulting from the subdivision; and
11. Any other deposits, fees or conditions required by this Ordinance, and as may be required by the City Engineer.
12. Maps and plats, when made, acknowledged, filed, and recorded according to the procedures specified in part 6 of chapter 9a of title 10 of the Utah State Code, operate as a dedication of all streets and other public places, and vest the fee of those parcels of land in the municipality for the public for the uses named or intended in those maps or plats.
13. The dedication established by section 10-9a-607 of the Utah State Code does not impose liability upon the municipality for streets and other public places dedicated in this manner but are unimproved.
SECTION 14.02.220 Improvement Security
A. Improvement Agreement: The applicant shall enter into a contract with the City, acceptable to the City Attorney, to make, install and complete within the time fixed, but in no case more than two years from the date of execution of the contract, all improvements and land alteration(s) in compliance with approved plans.
B. Security Arrangements: The applicant shall file security to guarantee completion of public and private improvements with the improvement agreement as follows:
1. A faithful performance security in an amount deemed sufficient by the City Engineer to cover up to one hundred percent of the total estimated cost of all required improvements including bonding requirements for grading.
2. A labor and material security to cover up to 100% of the total estimated cost of all required improvements;
3. A grading security as required by the Milford City Engineering Standards for Design and Construction.
4. A monumentation security in an amount stipulated by the City Engineer to cover the cost of placing lot corners and other related monuments;
5. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the City may reduce the improvement security of the applicant by an amount corresponding to the amount of the security furnished by the contractor; and
6. Notwithstanding the above, the applicant may satisfy the requirement for security of certain improvements by providing proof that same has been posted with another public agency subject to the approval of the City Engineer.
7. Security may be one of the following types subject to the approval of the City Attorney as to form.
C. Bonds. All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in Utah, together with an "A" policy holder's rating and a financial rating of at least "V" in compliance with the current "Best's" ratings. The bond(s) shall contain the nearest street address of the institution providing the bond(s).
D. Cash Deposits. In lieu of the faithful performance and labor and material bonds, the applicant may submit cash deposits or negotiable bonds of a kind approved for securing deposits of public monies under the conditions hereinafter described. Disbursements from cash deposits shall be made in compliance with a separate agreement between the applicant and the City. A bookkeeping fee of 1% of the total amount deposited with the City for each cash deposit shall be submitted with each security. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by the Director of Public Works.
E. Letter of Credit. In lieu of faithful performance and labor and material bonds or cash deposits, the applicant may submit a letter of credit subject to the Utah Commercial Code and under the conditions hereinafter described. The letter of credit shall be issued by a financial institution organized and doing business in, and subject to regulation by, the State of Utah or federal government, in a form, content, and duration as approved by the City Attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become secured trust funds for the purposes set forth in the instrument. The letter of credit shall contain the nearest street address of the institution providing the instrument.
F. Other securities as approved by the Milford City Council and Milford City Attorney.
1. The City Clerk shall not endorse or sign its certificate contained on the final map unless and until improvement security as hereinabove specified has been posted.
2. The requirements stipulated above are applicable to any subdivision for which the installation of any public improvements or grading is a condition of approval.
3. No final map shall be presented to the City Council for acceptance until the requirements of this Section have been met and until all charges established by the Council and pertaining to the property being subdivided have been paid.
G. Requirements: Any improvement agreement, contract or act required or authorized by the Municipal Land Use Development and Management Act, for which security is required, shall be secured pursuant to the following:
H. Release of Security: Security provided may not be released. In the case of a letter of credit, the issuing bank or association will receive a copy of the Notice of Completion.
1. Progress Payments: Progress payments may be made to the applicant from any deposit money or letter of credit which the applicant may have made in lieu of providing a security bond; provided, however, that no progress payment shall be made for more than 90% of the value of any installment of work. No progress payments from cash deposits shall be made except upon certification by the City Engineer, and the applicant that work covered thereby has been completed.
2. Release of Security: Improvement bonds given for faithful performance of the agreement shall be released upon final inspection and acceptance by the City Engineer. The labor and material bond shall be retained to secure payment to the contractor, the subcontractors, and to persons renting equipment or furnishing labor or materials for 6 months after completion and acceptance of the work. Following the 6 month period, the labor and material security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice given in writing to the City.
3. Maintenance Guarantee: The applicant shall guarantee all public improvements for a period of 1 year from the date of final acceptance and shall correct any and all defects or deficiencies arising during that period of limitation outlined , as a result of the acts or omissions of the applicant, its agents, or employees. The subdivision guaranty shall be backed by a bond or cash deposit in the amount of 25% of the surety posted for improvements. The City shall provide written notice of the defect or deficiency. In any instance where the applicant fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the City may cause the work to be performed and call on the surety for reimbursement. The maintenance security shall be submitted prior to final acceptance of the public improvements by the City.
4. Forfeiture of Surety: In the event that the applicant fails to complete all improvement work in compliance with the provisions of this Section and the improvement agreement, and the City shall have to complete the same, the City shall call on the security for funds necessary to complete the improvement as reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of any security shall be less than the cost and expense incurred by the City, the applicant shall be liable to the City for such difference. Any cash remaining in the possession of the City after completion of the improvement, shall be returned to the originator minus normal administrative costs.
SECTION 14.02.230 Construction and Inspection
1. The construction methods and materials for all subdivision improvements shall conform to Milford City Engineering Standards.
2. Construction shall not commence until all required improvement plans have been approved by the City Engineer and all applicable City permits have been issued. All subdivision improvements are subject to inspection by the City Engineer and shall comply with City requirements.
SECTION 14.02.240 Completion of Improvements
1. All Subdivisions: The subdivision improvements shall be completed by the applicant within twelve months, or a later time as approved by the City Engineer, not to exceed a total of twenty-four months, from final map recordation, unless an extension is granted by the City Council.
2. If the applicant fails to complete the subdivision improvements within the specified time limits, the Council may, by resolution, cause any or all incomplete improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary and appropriate costs.
A. The completion date may be extended by the Council upon written request by the applicant and submittal of adequate evidence to justify the extension. The request shall be made no less than thirty days prior to expiration of the subdivision improvement agreement.
B. The applicant shall enter into a subdivision improvement agreement extension with the City. The agreement shall be prepared by the City Engineer, approved as to form by the City Attorney, executed by the applicant and surety and transmitted to the Council for consideration. If approved by the Council, the City Clerk shall execute the agreement on behalf of the City.
C. In consideration of a subdivision improvement agreement extension, the following adjustments may be required:
1. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;
2. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;
3. Increase of improvement securities in compliance with revised construction estimates;
4. Inspection fees may be increased to reflect current construction costs, but shall not be subject to any decrease or refund; and
5. Any fees then in effect.
D. The Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of subdivision improvements.
SECTION 14.02.250 Acceptance of Improvements
1. General: After all improvement deficiencies have been corrected and "Drawings of Record" improvement plans filed, the completed subdivision improvements shall be considered by the City Engineer for acceptance. The developer shall be responsible for the cost of providing "as built" revisions to the approved original "drawings of record" on file in the office of the City Engineer. Redlined drawings shall not be accepted for "as built" revisions.
2. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
3. Acceptance of a Portion of Improvements: Upon written report of the applicant, the City Engineer may accept a portion of the subdivision improvements. The improvements shall only be accepted if the City Engineer finds that it is in the public interest, and the improvements are for the use of the general public.
4. Acceptance of a portion of the improvements shall not relieve the applicant from any other requirements imposed by this Development Code.
SECTION 14.02.260 Dedication of Streets, Alleys and Other Rights-of-Way or Easement
The applicant, as a condition of approval of a preliminary plat, shall dedicate, or make an irrevocable offer of dedication of, all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutter's rights, drainage, public open space, trails, scenic easements, public utility easements and other public easements, pursuant to The Municipal Land Use Development and Management Act. In addition, the applicant shall improve or agree to improve all the aforementioned dedications and easements.
SECTION 14.02.270 Dedications
At the time of completion of roadway improvements, all roadways must be dedicated to the city as public roadways. All dedications of property to the City for public purposes may be made in fee title, and that, at the City's discretion, a grant of an easement may be accepted for open space, scenic trails, parks, and/or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City finds would not conflict with the intended use. The City may accept an irrevocable offer of dedication in lieu of dedication.
SECTION 14.02.280 Parks and Recreation Facilities
1. General: The purpose of this section is to provide for future park and recreational facilities and open space. The park and recreational facilities for which payment of a fee and/or dedication of land is required by future Impact Fee Ordinance and shall be in compliance with the policies, goals and standards contained in the Parks and Recreation Element of the General Plan.
2. Requirements: The applicant, as a condition of approval of a final plat, shall pay all fees and/or dedications of land as the City Council shall impose from time to time through the enactment of Impact Fee Ordinances
SECTION 14.02.290 Reservations
The applicant, as a condition of approval of a preliminary plat, may be required to reserve areas of real property for parks, recreational facilities, fire stations, libraries or other public uses.
SECTION 14.02.300 Waiver of Direct Access Rights
The City shall require as a condition of approval of a preliminary plat dedication of streets designated as arterial highways, including waiver of direct access rights, except at approved access points. The City may require as a condition of approval of a preliminary plat that dedications or offers of dedication of streets include a waiver of direct access rights to any street from any property within or abutting the subdivision. The waiver shall become effective upon acceptance of the dedication.
SECTION 14.02.310 Vacation or Change of Subdivision Plats
1. The governing body of Milford City may, with or without a petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.
2. If a petition is filed, the governing body shall hold the public hearing within 45 days after it is filed.
3. Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this part may, in writing, petition the legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section.
4. A petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include:
A. The name and address of all owners of record of the land contained in the entire plat;
B. The name and address of all owners of record of the land adjacent to any street that is proposed to be vacated, altered, or amended; and
C. The signature of each of these owners who consents to the petition.
5. Petitions that lack the consent of all owners referred to in Subsection (3) may not be scheduled for consideration at a public hearing before the legislative body until the notice required by this part is given.
A. The petitioner shall pay the cost of the notice.
6. When the legislative body proposes to vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider the issue at a public hearing after giving the notice required by this part.
SECTION 14.02.320 Notice of Hearing for Plat Change
1. The legislative body shall give notice of the date, place, and time of a hearing before them to consider a vacation, alteration, or amendment without a petition or to consider any petition that does not include the consent of all land owners as required by Section 10-9a-207 & 208 by mailing the notice of hearing to all owners referred to in Section 10-9a-207 & 208, addressed to their mailing addresses appearing on the rolls of the Beaver County Assessor.
2. If the proposed change involves the vacation, alteration, or amendment of a street, the legislative body shall give notice of the date, place, and time of the hearing by:
A. mailing the notice as required in Subsection (1); and
1. publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the municipality in which the land subject to the petition is located; or
2. if there is no newspaper of general circulation in the municipality, post the notice for four consecutive weeks before the hearing in three public places in that municipality.
SECTION 14.02.330 Grounds for Vacation or Changing a Plat
1. Within 30 days after the public hearing required by this part, the legislative body shall consider the petition.
A. If the legislative body is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the legislative body, by ordinance, may vacate, alter, or amend the plat, any portion of the plat, or any street or lot.
B. The legislative body shall ensure that the vacation, alteration, or amendment is recorded in the office of the Beaver County Recorder.
2. An aggrieved party may appeal the legislative body's decision to district court as provided in Section 10-9-1001.
SECTION 14.02.340 Project Phasing
In the event that required subdivision improvements are not intended to be made for the project as a whole, the subdivider shall submit a phasing plan for improvements. The phasing plan shall designate the number of phases, the number of lots per phase, the sequence of improvement, and shall be subject to all other provisions of this ordinance and the Milford City Engineering Standards.
SECTION 14.02.350 Enforcement and Penalties
The provisions for enforcement and penalties associated with this chapter shall be as stated in Utah Code Title 10, Chapter 9a, Part 802 & 803.
SECTION 14.02.360 Sketch Plan Review (Pre-Application)
1. The developer and his staff or consultants may meet with the City Engineer and/or Planning and Zoning Commission to present the concept of the proposed development or subdivision. A sketch plan is adequate for illustrating the concept at this step in the approval process.
2. The primary purpose of concept review is to inform the staff and the officials of the community of the developer's proposal and also to provide an opportunity for local officials to inform the developer of the appropriate ordinances and standards. If the meeting is conducted in the spirit of cooperation, it can help to avoid many future problems and misunderstandings.
3. Where staff does not believe it can make commitments to developer that will be binding upon the Planning and Zoning Commission, it may be very useful to have a conceptual review by the Planning and Zoning Commission before additional engineering is completed.
4. The pre-application meeting can also point out ordinances or regulations administered by other agencies in the city. For example, the proposed subdivision may include a floodplain, wetlands, earthquake zone, or other especially designated sensitive lands.
SECTION 14.02.370 Submittal Requirements (Application)
1. Preliminary Plat Review:
A. The first formal action is the submission of the preliminary plat for approval by the Planning and Zoning Commission. It is at this stage that the standards and the regulations are applied and where the most significant interaction takes place between the developer, the Planning and Zoning Commission and staff.
B. The subdivision plat must be submitted in sufficient time and with an adequate number of copies to provide for review and recommendations by various departments, such as the city engineer, public works department, police and fire departments.
C. Recommendations and comments submitted by these agencies should be received by the Planning and Zoning Commission prior to any hearings on the proposed plan or meeting at which preliminary approval is expected. There will often be considerable negotiation and discussion between the developer and the Planning and Zoning Commission resulting in mutually agreed modifications in the plat or conditions of the approval.
D. The preliminary plat may consist of a series of maps with detailed information on each map. As an example, it may include a site plan, a grading plan, a utilities plan, a drainage area plan, a planting plan and a map indicating street profiles and grades. This provides the local government with substantial information by which to evaluate the subdivision proposal.
2. Content of the Preliminary Plat: The plat of the proposed subdivision presented for preliminary review and approval should include, but need not be limited to, the following information:
A. Name of Owner and proof of ownership of the development parcel.
B. Certificate of land surveyor, engineer and site planner as to the accuracy of the plat.
C. Identification and legal description of the subdivision.
D. Approved name of the subdivision.
E. Location by section, township and range.
F. Dimensions and bearings of all property boundaries.
G. Layout and dimensions of all proposed lots.
H. Existing structures.
I. Vicinity map, at a specified scale, showing all lots and streets in the subdivision and abutting streets and public right of way.
J. High water marks of all rivers, streams and location of any designated wet lands.
K. Locations of prominent natural features such as rock outcroppings, woodlands, steep slopes-potential natural hazards.
L. Location and dimensions of existing and proposed utilities and utility easements.
M. Grading plans, including all proposed changes in grade.
N. Existing and finished contours at intervals of at least 5 feet.
O. Drainage plan.
P. Existing sanitary sewers, storm drains, water supply mains and culverts within the subdivision or within 100 feet thereof.
Q. Existing and proposed storm water drainage system, including drainage easements.
R. Location, width, and other dimensions of proposed streets, alleys, easements, parks, and other open spaces to be dedicated to the public, with complete description.
S. Graphic scale and north arrow.
T. Date of preparation.
3. Review and Approval Process-Preliminary Plat
A. The preliminary plat will be completely reviewed by the city planning staff, city engineer and public works director. Adequate time should be provided to allow detailed analysis of the plan in relation to the community's general plan and conformance with established development standards.
B. The review and analysis of the preliminary plat is an important step of the subdivision process. This is the point at which changes should be made, errors corrected and a determination made of the potential impact of the proposed subdivision on the community. The Planning and Zoning Commission may conclude that the subdivision is of such significant impact that a public hearing will be necessary to obtain reaction and discussion from the residents surrounding the proposed subdivision.
C. When the Planning and Zoning Commission has considered all the details associated with the preliminary plat, it may recommend approval, conditional approval, or denial of the application to the City Council for consideration. The approval of the preliminary plat by the governing body is an acceptance of the general layout as submitted, and indicates to the subdivider that he may proceed toward the preparation of the final plat.
4. Final Plat Review
A. After the preliminary plat has been approved, the developer should prepare an appropriate number of copies of the final plat, as specified by the subdivision ordinance.
B. The final plat shall reflect any changes or modifications requested at the preliminary review. The final plat should be submitted to the Planning and Zoning Commission sufficiently in advance of the meeting at which it is to be presented in order to provide sufficient time for review by commission members.
C. Once the copies of the final plat are prepared, the commission should again review the plat to insure that it is substantially the same as the preliminary plat, including any changes agreed to between the developer and the local officials.
D. After the staff and Planning and Zoning Commission have reviewed and approved the final plat, it is sent to the local governing body for review and approval, and then registered with the county recorder.
E. The local governing body may require some method to insure that the developer will provide all the required improvements after the plat has been approved. Three methods of insuring the project are:
1. Developer posting a performance bond.
2. A covenant and agreement contract entered into by the subdivider and the local government placing a lien on the property to guarantee the installation of the required improvements.
3. Depositing funds in an escrow account to insure completion.
5. Content of the Final Plat: The final plat should include, but not be limited to, the following information:
A. All items contained on the preliminary plat.
B. Lot numbers.
C. Restrictive covenants.
D. The legal certifications by the proper local officials (usually the chief elected official and the Planning and Zoning Commission chairman).
E. Statement of dedication, dedicating all streets for public use that are not private streets.
F. Legal certification attested by city recorder.
G. Owner's Certificate of Dedication.
H. Proposed on-site and off-site water facilities, sanitary sewers, storm drain facilities and fire hydrants.
I. Vegetation preservation and protection plan, including trees and other vegetation proposed to be planted.
J. Landscaping plan for any public or common areas.
K. Proposed street lighting.
L. Proposed zoning changes, if any.
M. Proposed or required fencing (location, height and material.)
SECTION 14.02.380 Fees
Fees shall be determined by separate resolution in the form of a city-wide fee schedule.
SECTION 14.02.390 Approval Process
1. The Planning and Zoning Commission shall recommend approval of only those preliminary plats which it finds have been developed in accordance with the standards and criteria specified in this ordinance and all other ordinances of this municipality including, but not limited to, the zoning ordinances, major street plan, the master plan and the building codes.
2. The Planning and Zoning Commission shall determine from the concept plan review or the preliminary plat the possible need for environmental impact analysis, which would take into account the soil, slope, vegetation, drainage and other geologic characteristics of the site. If the site requires substantial cutting, clearing, grading or other earthmoving operations in construction of structures or roads in the proposed development, the Planning and Zoning Commission may require the applicant to provide soil erosion and sedimentation control plans and specifications prepared by a registered civil engineer.
3. The Planning and Zoning Commission shall, within 45 days after the preliminary plat is filed with the Planning and Zoning Commission, make a recommendation concerning the preliminary subdivision plan. The Planning and Zoning Commission may recommend approval of a preliminary subdivision plat, recommend approval based on conditions as it may require in order to bring the subdivision plat into compliance with the requirements of the municipality's ordinances, or recommend disapproval of the preliminary plat. In making recommendations the Planning and Zoning Commission shall state findings which support their recommendation accompanied by conditions as may be necessary.
4. One copy of the approved preliminary plan with written conditions attached and signed by the chairman of the Planning and Zoning Commission shall be retained by the Planning and Zoning Commission and one copy shall be given to the subdivider. Receipt of the signed copy by the subdivider shall be authorization for the subdivider to proceed with the preparation of plans and specifications for the improvements required in the final plat. Prior to the construction of any improvements required by this ordinance, the subdivider shall provide the engineer with all plans, information and data necessary to install and construct the improvements. This information shall be examined by the engineer and shall be approved if he determines them to be in accordance with the requirements of the municipality's ordinances. Construction of buildings shall not be begun until after the final plat has been approved and filed with the county recorder. Recommendation of approval of the preliminary plat by the Planning and Zoning Commission does not constitute acceptance of the subdivision by the Planning and Zoning Commission.
5. A recommendation of approval of the preliminary plan by the Planning and Zoning Commission shall be valid for 12 months unless an extension is granted by the Planning and Zoning Commission. If the final plat has not been recorded within the 12-month period, the preliminary plat shall again be submitted to the Planning and Zoning Commission for re-approval; however, preliminary approval of a large tract shall not be voided if the first section of a final plat is submitted for final approval within one year.
6. Unless waived by the Planning and Zoning Commission at least seven days prior to the Planning and Zoning Commission meeting, the applicant shall mail to all property owners of property located within 500 feet of the boundary of the proposed subdivision written notice of the time, date and place where the Planning and Zoning Commission will hold a public hearing to consider giving preliminary approval to the subdivision. The written notice shall also advise the property owner that she or he has the right to be present and to comment on the proposed subdivision. The applicant shall provide the Planning and Zoning Commission with the names of all persons to whom the notice was mailed.
7. After compliance with the provisions of section 3,5., a final plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not in the employ of the municipality in conformance with the design standards and submitted within one year from the date of preliminary plat approval, unless the time is, in writing, extended by the Planning and Zoning Commission. Otherwise, preliminary approval shall be deemed to have been withdrawn.