CHAPTER 5: - SUBDIVISION IMPROVEMENTS

Part of the Code of Ordinances of Honeyville, UT.

Local law · Updated June 3, 2026 · 710 sections

The text

11-5-1: - Improvements required#

Compliance: The Land Use Authority shall not approve a preliminary subdivision application if the related improvement plan does not comply with City ordinances and standards, rules, and regulations for subdivisions and development approved by the City Council.

Guarantee: No final plat of a subdivision of land shall be recorded unless the developer furnishes to the City a guarantee in an amount equal to 110% of the reasonable cost of the improvements required by this Chapter. The amount of the guarantee shall be estimated by the developer's Engineer and approved by the Land Use Authority and conditioned upon payment by the developer of all expenses incurred and for all labor or material used in the construction of required improvements. The provisions of the guarantee shall be for the protection of laborers and material providers and to guarantee the quality, quantity, and performance of all improvements as required herein. In no event shall the City be deemed liable under this Chapter on any claim asserted by a laborer or material provider.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-2: - Essential facilities#

The developer of any land shall install or guarantee the installation of the following essential facilities as needed to serve a development in compliance with applicable construction standards:

Culinary Water Facilities:

Each new development and subdivision shall connect to the Honeyville City Culinary Water System. Extensions or improvements of the existing culinary water system may be required of the developer to facilitate serving the new subdivision or development with culinary water.

Irrigation Water Facilities:

For new development east of the Hammond East Canal requiring three (3) or less new culinary water connections or west of the Hammond East Canal requiring not more than one (1) new culinary water connection, developer shall:

Utilize the culinary water system for irrigation water for a maximum of 10,000 sf of outdoor landscaping or gardening per lot, or

Provide irrigation water facilities for outdoor use to all lots; proof of water shares or water rights is required.

For new development east of the Hammond East Canal requiring more than three (3) new culinary water connections or west of the Hammond East Canal requiring more than one (1) new culinary water connection, developer shall provide irrigation water facilities for outdoor use to all lots. Proof of water shares or water rights is required.

Secondary Water Facilities:

The developer shall install secondary water mains, valves, and laterals in all new road rights-of-way.

Sewage Disposal:

Developers shall provide a letter of septic suitability from the Health Department.

Stormwater Drainage:

All new development shall convey and control its stormwater. Developer shall install all required stormwater conveyance and detention facilities.

Developer shall demonstrate that the receiving stormwater conveyance is capable of accepting the discharge.

Road Improvements:

Unless otherwise permitted by an express provision of this Title, each road to be constructed and dedicated to the City shall be in accordance with the Master Street Plan and shall meet the City Standards.

A developer of a subdivision which abuts a substandard street shall, for the half-width of the street abutting the subdivision boundary:

Dedicate additional right-of-way as necessary to meet the street width standards, and

Improve the street infrastructure to meet current City Standards, regardless of whether a dedication occurs.

Fire Protection: Fire hydrants shall be placed within 500 feet of one another throughout a subdivision and installed accordingly as required by applicable building and fire codes.

Utility Services: A developer shall be responsible for securing service agreements with local electrical, telecommunications, and natural gas providers, as applicable, and shall be financially responsible for any associated costs to extend such utilities to a development.

Street Signs: The contractor will furnish and install all necessary street signs at required locations and in conformance with City Standards.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-3: - Order of making improvements#

Compliance With Construction Standards: The improvements required in this Title shall be installed in compliance with applicable construction standards. No improvements shall be installed until their location and specifications are approved by the City.

Underground Installations: Unless waived in writing by the Land Use Authority, all underground utilities, water, sewer, and gas laterals, and fire hydrants shall be installed prior to road base, curbs, gutters, sidewalks, and surfacing the streets.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-4: - Improvements completion#

Installation of improvements shall be completed within one (1) year of the date of approval of the final plat by the City. The Land Use Authority may, for good cause, extend this completion time requirement for no more than one (1) additional year, provided that the completion assurance required to be filed with the City, as set forth below, is extended for the same one (1) year period.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-5: - Phased development; improvements continuous, orderly#

Whenever a developer develops a subdivision one phase at a time, such development shall be completed in an orderly manner and in such a way that the required improvements will be continuous and all of the said improvements will be made available for the full, effective, and practical use and enjoyment thereof by the purchasers, lessees, grantees, assignees or transferees of any of the lands subdivided within the time hereinbefore specified or within the phases specified.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-6: - Cost distribution#

Every developer shall pay a roughly proportionate share of any on or off-site improvements necessary to serve a development, as reasonably determined by the City Engineer.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-7: - Oversized facilities#

When it is determined by the Land Use Authority that specifications for subdivision improvements are not adequate to meet the demands above and beyond the demands within the subdivision and it is necessary for said improvements to serve intervening or other properties, the developer will be required to install "oversized" facilities. Reimbursement for costs shall be handled through a cost-sharing agreement with the developer and/or the property owners who benefit from the improvements.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-8: - Cost-sharing agreement#

Conditions: Whenever any intervening property is located between the terminus of an existing service facility and the proposed subdivision, and the intervening property will be benefited by the installation of any of the required facilities, the developer shall pay for having all facilities, not installed by a utility company, constructed over, under and/or across the intervening property. If approved by the City Council, before approval of a final plat and prior to any construction, the developer may enter into an agreement with the City for a partial cost reimbursement, otherwise, agreements shall be made with intervening property owners.

Actual Construction Costs; Determination: The cost of the facilities to be included in a cost-sharing agreement shall be the actual construction cost as determined by competitive bids and shall include all costs for having the facilities installed, including legal, administrative, and engineering costs.

Proportionate Share Stated: The agreement shall state the proportionate share of the costs to be borne by the developer and the proportionate share to be reimbursed to the developer from fees collected from the intervening property owners.

Deferred Credit: The City shall thereafter enter a deferred credit in its books and records and shall charge the benefited property owners the fee rates for sewer, water, and electrical connections in effect at the time such connections are made. Such fees, not to exceed the maximum stated in the agreement, shall then be returned to the developer to reimburse the developer for the proportionate share of the costs of the installation of the facilities. The City may also elect to reimburse the developer for such "off-site" facilities after the developer has furnished the City with acceptable evidence that an agreed number of housing units are occupied. No interest shall accrue or become payable on such reimbursement. engineering drawings showing benefited property shall be prepared by the developer's engineer.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-9: - Inspection#

Inspections: All construction work involving the installation of improvements in subdivisions shall be subject to inspection by the City. The Land Use Authority or other authorized representative of the City shall make inspections.

Arrangement for inspection must be made with the Land Use Authority at least three (3) days prior to beginning construction of the improvements.

Inspection and Testing by City: In order to assure the City that the intent of the construction standards and this Title are being complied with, the City shall provide inspection and testing services at the expense of the developer. Payment for these services will be made by the developer.

City Engineer Represents City: The City Engineer shall act as the City's representative during the construction period and shall:

Decide questions which may arise as to quality and acceptability of materials furnished and work performed.

Interpret the intent of construction standards in a fair and unbiased manner.

Make periodic visits to the site and determine if the work is proceeding in accordance with the provisions of this Title.

Responsibility:

Each developer shall be solely responsible for complying with applicable construction standards and the provisions of this Title in regard to the quality of materials, workmanship, and execution of the work.

The City Engineer shall not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety.

Performance Obligation of Developer: Inspections, tests, or approvals by the Land Use Authority or other agent representing the City shall not relieve the developer from his obligation to perform the work in accordance with the requirements of the construction standards and this Title.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-10: - Improvement guarantee#

Improvement Guarantee Required: Developer shall execute a written improvement agreement, recorded in the Office of the City Clerk, where developer agrees that the subdivided property will not be leased or conveyed to any person unless all required improvements are installed or in lieu of installation, the developer furnishes the City, when the final plat is approved, one of the following guarantees, approved by the City Council, that improvements, not then installed, will be constructed and paid for within a period of one (1) year from the date of subdivision approval:

A bond with a corporate surety in an amount equal to 110% of the cost of the improvements.

A deposit in escrow with an escrow holder in an amount of money equal to 110% of the cost of the improvements.

An irrevocable letter of credit from a financial institution is filed with the City which contains provisions substantially similar to those required in the escrow agreement.

If a developer installs any or all required improvements prior to final plat approval, the developer shall furnish the City one (1) of the three (3) guarantees listed in paragraph A at the time the final plat is approved, in an amount equal to ten percent (10%) of the cost of the improvements as a guarantee that the improvements, as installed, shall remain free from defects and shall be maintained by the developer until final acceptance by the City Council.

Covenant Running With Land: The improvement agreement shall specifically provide that it shall be deemed to be a covenant running with the subdivided land for the benefit of the City and shall particularly and accurately describe said land.

Approval By City Attorney: The improvement agreement shall be approved as to form by the City Attorney.

Scope Of Agreement: An improvement agreement shall be restricted to guaranteeing installation of applicable improvements and shall be separate from any developer financing or funding program.

Funds Release: Funds may be released or the amount of the bond or letter of credit decreased only upon recommendation by the Land Use Authority.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-11: - Partial release of funds#

Authority: At the request of a developer the City may release from the improvement guarantee the estimated costs of improvements installed by the developer and approved by the Land Use Authority.

Process For Partial Release:

The developer shall submit to the Land Use Authority an application for release, signed by the developer, which details the work completed as of the date of the application.

The City Engineer shall review the release request, verify the requested quantities have been installed or constructed in accordance with City Standards, and, if in concurrence, prepare and submit to the City an approved release request.

The City Engineer's approval of a requested release shall constitute a representation to the City that the subject improvements have been completed, to the best of the Engineer's knowledge, information, and belief, in accordance with applicable construction standards. However, by approving any such payment, the City Engineer shall not be deemed to have represented that the Engineer:

Made exhaustive or continuous on site inspections,

Checked the quality or quantity of the work,

Reviewed the means, methods, techniques, sequences and procedures of construction, or

Made any examination to ascertain how or for what purpose the developer has used the monies released.

The City shall then release the amount approved by the City Engineer.

A developer shall not obtain a release from the bonds, withdraw from the covenant, and lien improvements guarantee any amount in excess of 100% of the estimated cost of the improvements, but shall pay from other sources any costs for such improvements which exceed 100% of the costs approved by the City Engineer.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-12: - Conditional acceptance#

Request: After all required improvements are complete, each developer shall, in writing, notify the Zoning Administrator and the Land Use Authority that improvements are complete and shall request conditional acceptance by the City.

Inspection: The City Engineer shall then inspect and notify the developer in writing of any work that is defective. The developer shall immediately remedy such defects.

Construction Drawings: After all required improvements have been satisfactorily installed and approved by the Land Use Authority, and as a requirement of "conditional acceptance," the developer shall furnish a Mylar or Mylar copy of all original construction drawings. These drawings shall show the "as constructed" condition of all improvements.

Notice Of Acceptance: The City Engineer shall, as soon as improvements are acceptable and after receipt of the as-built drawings, present to the developer a notice of conditional acceptance establishing the date for beginning the one (1) year guarantee period.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-13: - Warranty of work#

Developer shall warrant and guarantee for a period of one (1) year from the date of the City's conditional acceptance that all improvements are free from defects due to faulty materials or workmanship. Each improvement guarantee shall remain in effect until the developer receives final written acceptance from the City at the conclusion of the guarantee period.

Repairs: Developer shall, at no cost to the City, promptly make such corrections as may be necessary by reason of any improvement defects, including repair of damage to other improvements resulting from such defects. The City shall give notice of observed defects with reasonable promptness. In the event the developer fails to make such repairs, adjustments, or other work that may be necessary due to such defects, the City may perform the developer's obligations and charge the developer the cost thereby incurred.

City Engineer Determination: The City Engineer shall determine the necessity for repairs of improvements whose decision shall be final and binding upon the developer.

Completion Of Repairs: Whenever, in the judgment of the City Engineer, improvements shall be in need of repair, the Engineer shall cause written notice to be served on the developer. Thereafter the developer shall promptly complete such repairs.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-14: - Final acceptance and release#

Request: Developer shall be responsible for making a written request to the Zoning Administrator and the City Engineer for final acceptance and release. The City Engineer shall then inspect the subdivision improvements. If defects exist, the Land Use Authority shall notify the developer, in writing, who shall promptly replace and/or repair all defective work.

Notification: When the improvements are acceptable, the City Engineer shall notify the City Council, in writing, which shall then issue a letter of final acceptance and release the 10% warranty.

(Adopted by Ord. 2025-01 on 6/19/2025)

11-5-15: - Acceptance period#

Requests for conditional and final acceptance shall be made during periods when all improvements can be visually inspected by the City Engineer. Any improvements buried with soil or snow or otherwise not visible shall not be approved. Generally, no acceptances will be made from November through and including February.

(Adopted by Ord. 2025-01 on 6/19/2025)