2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 604.5 - Subdivision plat recording or development activity before required infrastructure is completed -- Improvement completion assurance -- Improvement warranty.

Effective 5/3/2023
17-27a-604.5.
Subdivision plat recording or development activity before required infrastructure is completed -- Improvement completion assurance -- Improvement warranty.
(1) As used in this section, "public landscaping improvement" means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that:
(a) will be dedicated to and maintained by the county; or
(b) are associated with and proximate to trail improvements that connect to planned or existing public infrastructure.
(2) A land use authority shall establish objective inspection standards for acceptance of a required public landscaping improvement or infrastructure improvement.
(3)
(a) Before an applicant conducts any development activity or records a plat, the applicant shall:
(i) complete any required public landscaping improvements or infrastructure improvements; or
(ii) post an improvement completion assurance for any required public landscaping improvements or infrastructure improvements.
(b) If an applicant elects to post an improvement completion assurance, the applicant shall provide completion assurance for:
(i) completion of 100% of the required public landscaping improvements or infrastructure improvements; or
(ii) if the county has inspected and accepted a portion of the public landscaping improvements or infrastructure improvements, 100% of the incomplete or unaccepted public landscaping improvements or infrastructure improvements.
(c) A county shall:
(i) establish a minimum of two acceptable forms of completion assurance;
(ii) if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this title, and any local ordinances;
(iii) establish a system for the partial release of an improvement completion assurance as portions of required public landscaping improvements or infrastructure improvements are completed and accepted in accordance with local ordinance; and
(iv) issue or deny a building permit in accordance with Section 17-27a-802 based on the installation of public landscaping improvements or infrastructure improvements.
(d) A county may not require an applicant to post an improvement completion assurance for:
(i) public landscaping improvements or infrastructure improvements that the county has previously inspected and accepted;
(ii) infrastructure improvements that are private and not essential or required to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation; or
(iii) in a county where ordinances require all infrastructure improvements within the area to be private, infrastructure improvements within a development that the county requires to be private;
(iv) landscaping improvements that are not public landscaping improvements, as defined in Section 17-27a-103, unless the landscaping improvements and completion assurance are required under the terms of a development agreement.
(4)
(a) Except as provided in Subsection (4)(c), as a condition for increased density or other entitlement benefit not currently available under the existing zone, a county may require a completion assurance bond for landscaped amenities and common area that are dedicated to and maintained by a homeowners association.
(b) Any agreement regarding a completion assurance bond under Subsection (4)(a) between the applicant and the county shall be memorialized in a development agreement.
(c) A county may not require a completion assurance bond for the landscaping of residential lots or the equivalent open space surrounding single-family attached homes, whether platted as lots or common area.
(5) The sum of the improvement completion assurance required under Subsections (3) and (4) may not exceed the sum of:
(a) 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's bid; and
(b) 10% of the amount of the bond to cover administrative costs incurred by the county to complete the improvements, if necessary.
(6) At any time before a county accepts a public landscaping improvement or infrastructure improvement, and for the duration of each improvement warranty period, the land use authority may require the applicant to:
(a) execute an improvement warranty for the improvement warranty period; and
(b) post a cash deposit, surety bond, letter of credit, or other similar security, as required by the county, in the amount of up to 10% of the lesser of the:
(i) county engineer's original estimated cost of completion; or
(ii) applicant's reasonable proven cost of completion.
(7) When a county accepts an improvement completion assurance for public landscaping improvements or infrastructure improvements for a development in accordance with Subsection (3)(c)(ii), the county may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the building code and fire code.
(8) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.
Amended by Chapter 478, 2023 General Session