CLEARFIELD CITY ORDINANCE 2024-01

AN ORDINANCE AMENDING TITLE 11 AND TITLE 12 OF THE CLEARFIELD CITY CODE

PREAMBLE: This Ordinance amends Title 11 – Land Use, Chapter 1 General Provisions, Tables 11.1 and 11.2; Title 11, Chapter 13, Section 9 Flag Lot Standards; and Title 12 Subdivision Regulations. Also enacting Title 11 - Land Use, Chapter 13, Section 39 – Public Improvements.

BE IT ORDAINED BY THE CLEARFIELD CITY COUNCIL:

Section 1. Enactment:   

Title 11, Chapter 1, Section 3 – Land Use, Interpretation, Table 11.1 Land Use and Appeal Authority is hereby amended to read as attached hereto as Exhibit A.

Title 11, Chapter 1, Section 10 – Land Use, Interpretation, Public Meetings, Hearings, and Notice Requirement, Table 11.2 Public Notice Requirement is hereby amended to read as attached hereto as Exhibit B.

Title 11, Chapter 13, Section 9 – Land Use, Supplementary Regulations, Flag Lots is hereby amended to read as follows:

11-13-9: FLAG LOT STANDARDS:

Flag shaped lots may be approved in any single-family residential zone district. To encourage the more efficient use of land, flag or L-shaped lots may be allowed. Flag or L-shaped lots will only be allowed where traditional lot development is not feasible, as determined by the land use authority. Such lots shall meet the following criteria:

A.   Flag lots are permitted as part of a new subdivision, shall be used exclusively for a single-family residential dwelling and shall be located to the rear of the original or front lot.

B.   No more than one (1) flag lot may be created from an existing lot or parcel of property.

C.   The staff of the lot shall approach the public street at an angle of not less than eighty degrees (80°).

D.   All flag lots shall have the street address displayed on private property in a prominent location where the staff abuts the public street.

E.   A flag lot may not be created which would negatively impact the future continuation of existing stub streets.

F.   The staff of the Flag lot cannot extend from intersections, street corners, or within four-hundred feet of the closed end of a dead-end street.

G.   The staff portion of said lot shall front on and be contiguous to a dedicated public street. The minimum width of the drivable surface for the staff portion of a flag lot shall be twenty feet (20'). The staff portion for the flag lot shall be twenty-four feet (24’) wide or greater and meet the requirements of subsection L. The length of the staff shall not exceed two hundred feet (200'). Any development on a flag lot shall comply with fire safety requirements which may include the placement of fire hydrants and the inclusion of a hard surfaced turn-a-round area in the flag portion of the lot.

H.   No more than two (2) flag lots may be contiguous to each other and abut upon the same public street and shall have separate staff portions and driveways for each flag lot.  

I.   The flag portion of a flag lot, exclusive of the staff portion, shall conform to all regulations of the zone in which it is located.

J.   The front lot which remains from the original lot or parcel after the creation of the flag lot must meet the required lot area, lot width, front, back and side yard requirements for the zone in which it is located, and all other applicable provisions of this title. The area of the staff portion for the flag lot shall not be included to compute the minimum required area of the front or original lot.

K.   The staff portion of a flag lot shall be held in the same ownership as part of the entire flag lot.

L.   The staff portion of a flag lot shall consist of the following:

1.   Shall be no less than the required width as outlined in subsections G and M for its entire length from the street to the point where the staff portion joins the flag portion of the flag lot;

2.   Shall be paved with an approved drivable surface (asphalt or concrete), except for the portion required for landscaping.

3.   No less than four feet (4’) of landscaping shall be provided along the outermost property line between the staff portion of the flag lot(s) and any adjacent properties.

4.   Shall front on a dedicated public street.

5.   If the staff portion includes a shared driveway with the front lot, staff portion landscaping may be adjusted to allow reasonable ingress and egress of the front lot.

M.   The four-foot (4’) landscape buffer shall consist of no less than 50% ground plane coverage of plant material. Deciduous trees may be counted toward 50% ground plane coverage calculation.

Title 12 – Subdivision Regulations is hereby enacted to read as follows:

Title 12

SUBDIVISION REGULATIONS

Chapter 1

GENERAL PROVISIONS

12-1-1: TITLE:

This title shall be entitled as the SUBDIVISION ORDINANCE OF CLEARFIELD CITY, UTAH, and may be so cited.

12-1-2: PURPOSES:

A.   The purposes of this title are:

1.   To promote the health, safety, and general welfare of the residents of the City.

2.   To ensure the efficient and orderly subdivision and development of land within the City.

3.   To prevent the uncontrolled division and development of real property, which may be done without considering the rights and best interests of adjoining property owners and the City as a whole.

4.   To avoid subdivisions and developments that:

1.   Do not comply with the City general plan or ordinances,

2.   Cannot be adequately served by existing utilities or public services,

3.   May prove to be dangerous or unsafe due to design, natural or man-made hazards existing prior to or created by the subdivision and development,

4.   May cause an undue burden on existing traffic or transportation services, or

5.   May require the future expenditure of public funds to correct problems caused by the subdivision and development.

5.   To provide:

1.   Design standards for public improvements, facilities, and utilities

2.   To provide for reasonable access to public rights-of-way, parks, trails, or open spaces,

3.   To provide for the dedication of land and streets deemed necessary for the proper development of the subdivision, and

4.   To provide for easements or rights-of-way that are necessary to service the properties created by the subdivision.

B.   This title is designed to inform the subdivision developer and the public of requirements for obtaining subdivision plat approval. Because each parcel of real property has unique site/situational characteristics (whether natural or man-made), there may be some aspects of subdivision development that cannot be easily articulated. For this reason, it is not possible to cover every possible contingency. Therefore, the City Engineer, Planning Commission, and Community Development Director or designee have the authority to impose reasonable conditions for the subdivision and development.

12-1-3 DEFINITIONS:

ADMINISTRATIVE LAND USE AUTHORITY: The Clearfield City Planning Commission for preliminary subdivision plats and the Community Development Director or designee for final subdivision plats.

ALLEY: A public way which affords a secondary or primary means of vehicular access to an abutting property or structure.

CITY: Clearfield City, Utah.

CITY COUNCIL: The Clearfield City Council.

CITY ENGINEER: Any individual or firm retained or designated by Clearfield City as the City engineer for the purpose of performing engineering duties.

COMMUNITY DEVELOPMENT DIRECTOR: An individual designated by Clearfield City as the director of the Community Development department to oversee the functions and duties of land use development and licensing within the City.

CONCEPT PLAN: A generalized plan indicating the boundaries of a tract or tracts identifying proposed land use and subdivision layout.

CUL-DE-SAC: A street closed at one end by an enlarged, circular vehicular turnaround area.

CUT: Is the distance from a survey elevation stake to a required lower adjacent elevation. Either excavated material, or the void resulting from the excavation of earth material.

DEVELOPER: A subdivider or any person or organization that develops, or intends to develop, property after it has been divided.

DOUBLE FRONTAGE LOT: A subdivision lot which has access from an interior subdivision street and also abuts the right-of-way of a collector or arterial street along the rear lot line.

EASEMENT: The area of land set aside or over with a liberty, privilege or advantage in land without profit, existing separate from the ownership of the land, is granted to the public, a part of the public, a person(s), or an organization. Such liberty, privilege or advantage may be in the way to provide vehicular or pedestrian access, park access, the provision of private and public utilities, etc.

EXCAVATION: Either the removal of earth from its natural position, or the cavity resulting from the removal of earth.

FILL: Earth materials used either as a manmade deposit or to raise an existing grade and shall mean the depth or volume of such material. The reference for a fill is the distance from a survey elevation stake to a required higher adjacent elevation.

FINAL PLAT: A map and supporting documents, prepared in accordance with the provisions of this title and prepared for recording in the office of the county recorder.

FRONTAGE: The portion of a lot which fronts on a dedicated right-of-way or street.

GRADING: Either an excavation or fill, or the act of excavating or filling of soil or gravel material prior to landscaping or the installation of concrete or paving, or other required final surfacing material.

IMPROVEMENTS: Curbs, gutters, sidewalks, gradings, paving, landscaping, water, sewer and power systems, drainage systems, fences, public facilities, amenities and other such requirements of this title.

IMPROVEMENTS, PUBLIC: Elements of a subdivision development defined under “improvements” that are constructed by the developer and dedicated to the City, or another form of government, for the benefit of the general public and continual care of the City or form of government to which the improvements are dedicated. Public improvements include but are not limited to public utilities, streets, curb and gutter, sidewalk and any landscaped open space and structures therein that will be dedicated to the City for future public use and maintenance by the City.

LAND USE TITLE: Title 11 of this code.

LOT: A parcel of real property shown as a delineated parcel of land with a number and designation on the final plat of a subdivision recorded in the office of the county recorder.

LOT LINE ADJUSTMENT: Relocation of a lot line between adjoining lots or a lot and parcels within a platted subdivision.

MONUMENT: A permanent survey marker established by the county surveyor and shown on a final plat with the state plane coordinates, and/or a survey marker set in accordance with the City Engineer’s specifications and refenced to county survey monuments.

NON-CLIMBABLE FENCE: Any fence that significantly impedes the traversing or crossing of the fence by means of material or design. A non-climbable fence does not include any chain link fence whether or not barbed wire is provided.

OWNER: Includes the plural as well as the singular, and may mean either a person, firm, association, partnership, private corporation, public or quasi-public corporation, or any combination thereof.

PARCEL: A portion of real property with the dimension or boundaries of which are defined by record in the office of the county recorder described by metes and bounds. A parcel of land is typically an unsubdivided portion of real property but may be part of a final subdivision plat for the purposes of designating the real property separate from lots described within the subdivision.

PARCEL LINE ADJUSTMENT: A recorded agreement between owners of adjoining parcels of land, not located within a platted subdivision, adjusting the mutual line, either by deed or by a parcel line agreement.

PLANNING COMMISSION: The Clearfield City Planning Commission.

PRELIMINARY PLAT: A map and supporting documents, prepared in accordance with the provisions of this title for the purposes of preliminary review prior to the development of a final plat.

PUBLIC IMPROVEMENT GUARANTEE AGREEMENT: An agreement between Clearfield City and Subdivider/Developer obligating funds for the purpose of guaranteeing the completion of public improvements required by code and/or the warranty of said public improvements. Timelines for the performance of work and warranty period are established within the agreement along with penalties and procedures for the use of the guarantee funds by the City if necessary.

PUBLIC UTILITY: Utilities such as culinary or secondary water, sewer, storm drainage system, natural gas, electric power, cable television, telephone, fiberoptic, etc.

REVIEW CYCLE: As defined in Utah State Code section 10-9a-604.2, a review cycle means the occurrence of:

A.   The applicant’s (subdivider’s) submittal of a complete subdivision land use application.

B.   The municipality’s review of that subdivision land use application.

C.   The municipality’s response to that subdivision land use application, in accordance with this section (10-9a-604.2); and

D.   The applicant’s (subdivider’s) reply to the municipality’s response that addresses each of the municipality’s required modifications or request for additional information.

SLOPE: The rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of land to the lowest point of land within a lot. (Ex. A vertical rise of one hundred feet (100’) between two (2) points one hundred feet (100’) apart measured on a horizontal plane is a one hundred percent (100%) grade or a one to one (1:1) slope).

STREET: A right-of-way for the purpose of vehicular and pedestrian traffic.

STREET, ARTERIAL: A street, existing or proposed, of significant continuity which is the main means of access and connection within and between communities in the region.

STREET, COLLECTOR: A street, existing or proposed, of considerable continuity which is the main means of access to the regional street system.

STREET, LOCAL: A street, existing or proposed which is supplementary to a collector or arterial street which serves or is intended to serve the local needs of a neighborhood.

STREET, PRIVATE: A street, existing or proposed, which has been reserved by dedication unto the subdivider or lot owners, to be used as private access to serve the lots platted within the subdivision and complying with the adopted street cross section standards of the City and maintained by the subdivider or other private agency.

SUBDIVIDER: Any person who: a) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision ; or who b) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision; or who c) engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease, or development a subdivision; or who d) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

SUBDIVISION: As defined in title 10, chapter 9, Utah State Code, “means any land that is divided, resubdivided, or proposed to be divided into two or more lots 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.”

SUBDIVISION AMENDMENT: As defined in title 10, chapter 9, of Utah State Code, “means an amendment to a recorded subdivision in accordance with Section 10-9a-608”, and prepared in accordance with the provisions of this title, that:

A.   Vacates all or a portion of the subdivision;

B.   Alters the outside boundary of the subdivision;

C.   Changes the number of lots within the subdivision;

D.   Alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or

E.   Alters a common area or other common amenity within the subdivision.

UTILITIES: Culinary or secondary water, sewer, storm drainage system, natural gas, electric power, cable television, telephone, fiberoptic, and other services deemed to be of public utility nature by the City.

12-1-4: NECESSITY OF SUBDIVISION PLAT APPROVAL:

A.   Terms: Any division of real property within the City is subject to the terms of this title. The division of real property includes the sale, gift, transfer, conveyances, split or other division that results in changing the boundaries or legal descriptions of a given parcel of real property and results in the creation of a new parcel of real property.

B.   Unlawful Subdivision: No person or entity shall subdivide any tract or parcel of land which is located wholly or in part within the limits of the City, nor shall any person or entity sell, exchange, offer for sale, purchase or offer to purchase, or gift any subdivided parcel of land unless there shall first be recorded a subdivision plat of such land which has been prepared and recorded in compliance with the requirements of this title.

1.   A parcel of real property is subdivided when it is divided into two (2) or more parts for the purpose, whether immediate or future, of sale or building development.

2.   Any person or entity desiring to develop real property that has been subdivided illegally must comply with the requirements of this title before developing the property, regardless of whether the person or entity was the illegal subdivider.

3.   Exemptions from plat requirements shall only be allowed as provided in Utah State code and may be processed as outlined in this Title.

C.   City Approval of Modifications: It is unlawful to amend, vacate, alter or modify any plat which has been approved and recorded, without first obtaining City approval for the amended, vacated, altered, or modified plat.

12-1-5: GENERAL RESPONSIBILITIES:

A.   The subdivider shall prepare a plat(s) and plans consistent with the standards contained herein and shall pay for the design, construction and inspection of the public improvements required. The City shall process said plat(s) and plans in accordance with the regulations set forth herein. The subdivider may not alter the terrain or remove any vegetation from the proposed subdivision site or engage in any site development until subdivider has obtained the necessary approvals as outlined herein. The subdivider is responsible to obtain and be familiar with all applicable ordinance rules and standards of the City.

B.   The Community Development Director or designee shall review the plat(s) and plans for vehicular and pedestrian design; for conformity with the general plan and Title 11 of this code; for the environmental quality of the subdivision design and shall process the subdivision plat(s) and plans as provided for in this title.

C.   Plats and/or plans of proposed subdivisions may be referred by the Community Development Director or designee to any City departments, special service districts, governmental boards or bureaus, utility companies, and other agencies which will provide public and private facilities and services to the subdivision for their information and comment.

D.   The City Engineer or designee shall review the plat(s) and plans with specifications to determine if the proposed City-required improvements are consistent with this title and other applicable ordinances, Clearfield City Public Works Standards, and shall be responsible for inspecting the City-required improvements. Review of street layout and lot design shall be coordinated between the City Engineer and the Community Development Department.

E.   The City Engineer or designee shall review the engineering plans and specifications for the public improvements.

F.   The Planning Commission shall act as the administrative land use authority to review and approve preliminary subdivision plats and plans with relation to the code requirements and design standards for public improvements. The Planning Commission shall review the subdivision for conformance to the general plan and Title 11 of this code. The Planning Commission shall review preliminary subdivision plats in accordance to the standards outlined in chapter 12-4 of this title.

G.   The Community Development Director or designee and the City Engineer or designee shall review and make recommendations to the Planning Commission on preliminary subdivision plats and improvement plans. The Community Development Director shall act as the administrative land use authority on final subdivision plats with the assistance of the City Engineer. The final subdivision plat review shall be in accordance to the standards outlined in chapter 12-5 of this title.

H.   The City Attorney shall verify that the subdivider dedication land for use of the public is the owner of record, that the land is free and clear of unacceptable encumbrances according to the title report submitted by the subdivider, and may review other matters which may affect the City’s interests.

I.   The Mayor may sign, as a non-discretionary and ministerial act, final subdivision plats for the acceptance of lands and public improvements that may be proposed for dedication to the City.

12-1-6: COMPLIANCE REQUIRED:

A.   It is unlawful for a person or entity to subdivide a tract or parcel of land which is located wholly or in part in the City except in compliance with this title.

1.   Plat Approval Required: A plat of any subdivision may not be recorded until it has been approved by the City as herein provided.

2.   Plat Must Not Conflict with Plans, Ordinances or Laws: A preliminary plat shall not be approved by the Planning Commission, or a final plat shall not be approved by the Community Development Director or designee if either party determines that such plat to be in conflict with any provision or portion of the general plan, Title 11 of this code, this title, and any other state law or City ordinance.

3.   Adequate and Available Public Utilities: The City may deny or delay approval of a development project if there is not adequate capacity or availability of public utilities for a proposed development.

B.   Land may not be transferred or sold, nor shall a building permit be issued for a structure thereon, until a final plat of a subdivision has been recorded in accordance with this title and any applicable provisions of state law, and until the improvements required in connection with the subdivision have been installed or guaranteed as provided herein.

C.   All lots or parcels located within a subdivision are subject to this title whether the tract of land is owned by the subdivider or a subsequent purchaser, transferee, devisee, or contract purchaser of the land.

12-1-7 ZONING

If a rezone of the property is required, an application for the zoning map amendment shall be made and approved prior to the receipt of a subdivision application. All subdivision applications shall comply with the development standards of the underlying zone and all applicable development standards of Title 11.

12-1-8 DEVELOPMENT AGREEMENT

Similar to a rezone, if a development agreement is required or is part of the development of any land within the City, the agreement shall be approved and executed by the City and the subdivider/applicant prior to the receipt of a subdivision application.

12-1-9: CONCEPT PLAN/DEVELOPMENT REVIEW:

At the request of the subdivider, a concept plan review or development review of a proposed subdivision may be scheduled with Community Development Staff, the City Engineer, and any other City or agency staff necessary to aide the subdivider in the planning of a proposed subdivision.

12-1-10: ADMINISTRATIVE LAND USE AUTHORITY:

The Clearfield City Planning Commission shall act as the administrative land use authority on all matters pertaining to the preliminary subdivision plat. The Community Development Director or designee along with the City Engineer or designee and other departments or agencies as deemed necessary, shall act as the administrative land use authority on all matters pertaining to the final subdivision plat and final approval of the subdivision.

12-1-11: MODIFICATIONS; PERMITTED WHEN; PETITION FROM SUBDIVIDER:

Whenever the land involved in any proposed subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider fully to comply with the regulations contained in this title, the Community Development Staff and City Engineer may recommend that the Planning Commission permit such modifications as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of this title, applicable land use regulations, the general plan, and will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which the property is situated.

12-1-12: PENALTY:

Whoever shall violate any of the provisions of this title shall be guilty of a class C misdemeanor and, upon conviction of any such violation, shall be subject to penalty as provided in section 1-4-1 of this code.

Chapter 2

EXEMPTIONS FROM PLAT; PARCEL AND LOT LINE ADJUSTMENTS

12-2-1: PURPOSE: 

The purpose of this chapter is to outline the requirements and procedures for parcel line adjustments ,lot line adjustments, and boundary line agreements in accordance with Utah State Code and local land use regulations. The intent of this chapter is to allow for owners of real property to adjust common property lines while minimizing delay and expense without the need of a subdivision plat. With compliance with the following procedures, a subdivider application may be exempted from the requirement to produce and record a subdivision plat. Exemptions from the plat requirements that are not outlined herein shall follow the procedures established in State Code sections 10-9a-605 “Exemptions form plat requirement” and 10-9a-608 “Subdivision amendments”.

12-2-2: PARCEL LINE ADJUSTMENTS: 

A.   Approval Required: Prior to the recording of a parcel line adjustment between adjoining properties not located within a platted subdivision, the adjustment must first be approved by the Community Development Director or designee and the City Engineer or designee if any of the properties involved includes a dwelling unit.

1.   Exemption: Approval is not required prior to recording of a parcel line adjustment if the properties involved do not contain any structure and is vacant land.

B.   Review: Application and the review of a proposed parcel line adjustment shall follow the procedures listed below:

1.   Application: A subdivider, either an owner of one of the properties or a representative of the owners, shall submit a complete application which shall include:

a.   Property owner(s) affidavit acknowledging the consent of each party for the proposed adjustment;

b.   Property survey(s) with all existing improvements to the properties;

c.   A legal description of the proposed parcel line and of each parcel after the boundary line is changed;

d.   A site plan or exhibit serving as a visual depiction of the parcel line adjustment;

e.   Any necessary improvement plans, agreements, or additional materials needed for review as determined by the Community Development Director, City Engineer, or designees.

2.   Review Procedure: Upon receipt and payment of a complete application, the Community Development Director or designee and the City Engineer or designee shall commence the review of the parcel line adjustment request. The review shall be completed, with a written response returned to the subdivider, within fourteen (14) business days from the date of complete application. The reviewing parties shall review the adjustment for compliance with City zoning and public works standards.

3.   Final Approval: If the proposed parcel line adjustment is in compliance with all City ordinances and development standards, written approval shall be provided to the subdivider by the Community Development Director or designee.

C.   Final Approval: If the proposed parcel line adjustment is in compliance with all City ordinances and development standards, written approval shall be provided to the subdivider by the Community Development Director or designee.

D.   Recording: Upon final approval from the Community Development Director or designee, the subdivider shall record the approved documents at the office of the Davis County Recorder to complete the parcel line adjustment. The parcel line adjustment may be completed by a quitclaim deed or boundary line agreement and shall be accompanied by the following:

1.   The written notice of approval of the parcel line adjustment by Clearfield City that recites the legal descriptions of both the original parcels and the parcels resulting from the exchange of title;

2.   The approved site plan or exhibit depicting the new parcel boundaries and adjacent properties if deemed necessary; and

3.   Any other documents deemed necessary as part of the parcel line adjustment approval.

E.   All parcel line adjustments shall comply with applicable state code regulations found under sections 10-9a-523 (property boundary adjustment) and 10-9a-524 (boundary line agreement). A parcel line adjustment shall follow the procedures provided herein unless excepted from local land use authority review as provided in the forementioned state code sections.

12-2-3: LOT LINE ADJUSTMENTS:

A.   Approval Required: Prior to the recording of a lot line adjustment between adjoining properties within a platted subdivision, the adjustment must first be approved by the Community Development Director or designee and the City Engineer or designee.

B.   Review: Application and the review of a proposed lot line adjustment shall follow the procedures listed below:

1.   Application: A subdivider, either an owner of one of the properties or a representative of the owners, shall submit a complete application which shall include:

a.   Property owner(s) affidavit acknowledging the consent of each party for the proposed adjustment between the lots;

b.   Property survey(s) with all existing improvements to the lots and reference to the subdivision within which the properties are located including easements located on the lots;

c.   A legal description of each of the proposed lots after the lot line is changed including any changes to platted easements associated with the lots;

d.   A site plan or exhibit serving as a visual depiction of the lot line adjustment. Although not a plat, the site plan or exhibit shall sufficiently represent the new lots and include adjacent lots within the subdivision;

e.   Any necessary improvement plans, agreements, or additional materials needed for review as determined by the Community Development Director, City Engineer, or designees.

2.   Review Procedure: Upon receipt and payment of a complete application, the Community Development Director or designee and the City Engineer or designee shall commence the review of the parcel line adjustment request. The review shall be completed, with a written response returned to the subdivider, within fourteen (14) business days from the date of complete application. The reviewing parties shall review the adjustment for compliance with City zoning and public works standards.

C.   Final Approval: If the proposed lot line adjustment is in compliance with all City ordinances and development standards, written approval shall be provided to the subdivider by the Community Development Director or designee.

D.   Recording: Upon final approval from the Community Development Director or designee, the subdivider shall record the approved documents at the office of the Davis County Recorder to complete the lot line adjustment. The lot line adjustment may be completed by a quitclaim deed and shall be accompanied by the following:

1.   The written notice of approval of the lot line adjustment by Clearfield City that recites the legal descriptions of both the original lots and the lots resulting from the exchange of title;

2.   The approved site plan or exhibit depicting the new lot boundaries along with adjacent lots within the subdivision; and

3.   Any other documents deemed necessary as part of the lot line adjustment approval.

E.   All lot line adjustments shall comply with applicable state code regulations found under section 10-9a-608 (5). A lot line adjustment shall follow the procedures provided herein unless an amended plat is required per state statute.

 12-2-4: BOUNDARY LINE AGREEMENTS:

A.   Approval Required: Prior to the recording of a boundary line agreement between adjoining properties the agreement must first be approved by the Community Development Director or designee and the City Engineer or designee if either of the adjoining properties contain a dwelling unit. If neither of the adjoining properties contain a dwelling unit, then the procedures outlined in State Code for boundary line agreements shall be followed.

B.   Review: Application and the review of a proposed boundary line agreement shall follow the procedures listed below:

1.   Application: The adjacent property owners, or a representative of the owners, shall submit a complete application which shall include:

a.   Property owner(s) affidavit acknowledging the consent of each party for the proposed boundary line agreement;

b.   Property survey(s) with all existing improvements to the properties and easements located on the properties;

c.   A legal description of each of the proposed properties after the boundary line agreement is recorded including any changes to easements associated with the properties;

d.   A site plan or exhibit serving as a visual depiction of the boundary line agreement;

e.   Any necessary improvement plans, agreements, or additional materials needed for review as determined by the Community Development Director, City Engineer, or designees.

2.   Review Procedure: Upon receipt and payment of a complete application, the Community Development Director or designee and the City Engineer or designee shall commence the review of the boundary line agreement request. The review shall be completed, with a written response returned to the property owners or representative(s), within fourteen (14) business days from the date of a complete application. City Staff shall review the agreement for compliance with City zoning and public works standards.

C.   Final Approval: If the proposed boundary line agreement is in compliance with all City ordinances and development standards, written approval shall be provided to the property owners or representative(s) by the Community Development Director or designee.

D.   Recording: Upon final approval from the Community Development Director or designee, the property owners or representative(s) shall record the approved documents at the office of the Davis County Recorder for the boundary line agreement. The boundary line agreement may be completed by a quitclaim deed and shall be accompanied by the following:

1.   The written notice of approval of the boundary line agreement by Clearfield City;

2.   The approved site plan or exhibit depicting the new property boundaries; and

3.   Any other documents deemed necessary as part of the boundary line agreement approval.

E.   All boundary line agreements shall comply with applicable state code regulations found under section 10-9a-524.

Chapter 3

PRELIMINARY PLATS

12-3-1: PURPOSE:

The purpose of the preliminary plat is to require formal preliminary review of a subdivision by the Planning Commission as provided herein in order to minimum changes and revisions on the final plat. The preliminary plat and all information and procedures relating thereto shall in all respects be in compliance with the provisions of this title, the general plan, and any other applicable City ordinances.

12-3-2: APPLICATION:

The subdivider of a subdivision, after completing a concept/development review (if chosen), shall file an application for preliminary plat approval with the Community Development Department on a form prescribed by the City, together with on digital set of the preliminary plat and subdivision improvement plans. An application may not be forwarded to or scheduled before the Planning Commission until all required information has been received by the City and the application is determined complete.

12-3-3: PRELIMINARY PLAT SUBMITTAL:

A preliminary plat and subdivision improvement plans shall be prepared, stamped and signed by a professional engineer licensed by the State of Utah. The preliminary plat submittal shall include the following information in accordance with Clearfield City Public Works Standards:

A.   Preliminary Plat:

B.   Grading and drainage plan:

C.   Utility Plan:

D.   The subdivider shall provide the following documents with the application:

1.   Geotechnical soils report prepared within the last six (6) months from the date of application in accordance with Clearfield City Public Works Standards;

2.   A traffic study when required by the Community Development Director or designee or the City Engineer or designee;

3.   Any necessary agreements with adjacent property owners regarding storm drainage, utility provisions, access, or other matters pertinent to subdivision approval;

4.   Preliminary or ‘not for construction’ stamp.

E.   The subdivider shall comply with all federal, state, and local laws and regulations, and shall provide evidence of such compliance if requested by the City.

12-3-4: INITIAL REVIEW OF APPLICATION:

A.   Timeline: The initial review of a preliminary plat application shall be completed by the Community Development Director or designee and the City Engineer or designee along with any other necessary departments or local agencies no later than fifteen (15) business days after the day on which a complete application has been submitted.

B.   Written Response: Upon completion of the initial review by the City and local agencies as deemed necessary, the Community Development Director or designee shall provide a written response to the subdivider of all the comments provided by the reviewers of the plat and improvement plans. The comments may be compiled in one written document or within separate written documents from the respective representatives: i.e., Community Development Director or designee, City Engineer or designee, North Davis Fire District, North Davis Sewer District, etc.

12-3-5: PLANNING COMMISSION REVIEW:

A.   Review: The Planning Commission shall review the submitted preliminary plat and determine compliance with the standards and criteria set forth in this title and all other ordinances of the City, including, but not limited to, Title 11 of this code and the general plan. The Planning Commission shall approve, approve with conditions, or deny the submitted preliminary plat.

B.   Denial Permitted, Conditions of Denial: If denied, the Planning Commission shall make findings specifying an inadequacy in the application, such as noncompliance with City regulations, questionable or undesirable design and/or engineering. A denial of a preliminary subdivision plat may only be made if conditions cannot be applied to the plat that will result in compliance with City regulations. A denial of an application is unlawful if based upon opinion, public clamor, or reasons that are not based upon fact or that cannot be addressed with additional study or analysis such as a traffic impact study.

C.   Preliminary Plat Approval: Completion of preliminary plan review and approval by the Planning Commission does not constitute final subdivision plat approval, and does not create any vested rights for the subdivider.

D.   Lot Threshold: Preliminary subdivision plat review is required for all subdivisions that exceed four (4) lots. Subdivisions that have four (4) or fewer lots may proceed directly to final subdivision plat review without a preliminary subdivision review conducted by the Planning Commission. Any subdivision that includes a flag lot, shall follow the procedures for preliminary and final subdivision plat review and shall not be excepted from the preliminary plat approval process under this provision.

12-3-6: PRELIMINARY PLAT REMAINS EFFECTIVE: 

A.   Effective Preliminary Plat Duration: A completed preliminary plat must be submitted for final approval within one (1) year from the date of the Planning Commission meeting at which the preliminary plat is approved. The Community Development Director or designee may grant a one (1) year extension if the plat complies with all applicable ordinances the extension is sought and has not been altered in a way that would necessitate a new preliminary plat review by the Planning Commission. The extension must be requested prior to the preliminary plat expiration. If a preliminary subdivision plat expires, a new preliminary subdivision plat application must be submitted for review and approval prior to final subdivision plat review and approval.

B.   Plat Phasing: If a subdivision is proposed to be in phases, preliminary plat approval for the remaining portions of the subdivision shall not be voided if final plat for the first or initial phases is approved and recorded within one (1) year of the date of preliminary plat approval. The validity of the remaining phase(s) of the preliminary plat shall be extended for one (1) year from the date of the recording of the final plat.

C.   Lot Increases; Street Changes: The preliminary plat shall be amended if the developer desires to increase the number of lots in the subdivision or change the grade or location of the streets within the subdivision. The amended preliminary plat shall be reviewed by the Planning Commission for approval prior to advancing to a final plat.

D.   Lot Decreases: Minor Changes: The preliminary plat need not be amended to decrease the number of lots in the subdivision, to make minor lot boundary changes, or to make other minor changes if the Community Development Director or designee and the City Engineer or designee find that amending the plat is not necessary to protect the interest of the City or adjoining property owners.   

Chapter 4

FINAL PLATS

12-4-1: PURPOSE:

The purpose of the final plat is to require formal final review of a subdivision by the City Staff as provided herein in order to assure compliance with code standards and conditions of the preliminary plat approval. The final plat and all information and procedures relating thereto shall in all respects be in compliance with the provisions of this title, the general plan, and any other applicable City ordinances.

12-4-2: APPLICATION:

The subdivider of a subdivision, after obtaining preliminary plat approval, shall file an application for final plat approval with the Community Development Department on a form prescribed by the City, together with one (1) digital set of the final plat and subdivision improvement plans. The review of a final plat application will not commence until all required information has been received by the City and the application is determined complete.

12-4-3: FINAL PLAT SUBMITTAL:

A preliminary plat and subdivision improvement plans shall be prepared, stamped and signed by a professional engineer licensed by the State of Utah. The final plat submittal shall include the following information in accordance with Clearfield City Public Works Standards:

A.   Final Plat (all facilities within 100 feet of the plat shall be shown);

B.   Grading and drainage plan;

C.   Utility Plan;

D.   Storm Water Pollution Prevention Plan (SWPPP) in accordance with Clearfield City Public Works Standards;

E.   The subdivider shall provide the following documents with the application:

1.   Geotechnical soils report prepared within the last six (6) months from the date of application in accordance with Clearfield City Public Works Standards;

2.   A traffic study when required by the Community Development Director or designee or the City Engineer or designee;

3.   Any necessary agreements with adjacent property owners regarding storm drainage, utility provisions, access, or other matters pertinent to subdivision approval;

4.   Maintenance agreements for privately-owned storm drain systems, water lines, and sewer lines serving the subdivision.

F.   The subdivider shall comply with all federal, state, and local laws and regulations, and shall provide evidence of such compliance if requested by the City.

12-4-4: REVIEW PROCEDURE AND REVIEW CYCLES:

A.   Timeline: The review of a final plat application shall be completed by the Community Development Director or designee and the City Engineer or designee along with any other necessary departments or local agencies no later than twenty (20) business days after the day on which a complete application has been submitted.

B.   Written Response: Upon completion of the review by the City and local agencies as deemed necessary, the Community Development Director or designee shall provide a written response to the subdivider of all the comments provided by the reviewers of the plat and improvement plans. The comments may be compiled in one written document or within separate written documents from the respective representatives: i.e., Community Development Director or designee, City Engineer or designee, North Davis Fire District, North Davis Sewer District, etc.

C.   Subdivider Response: Upon receipt of the City review comments, the subdivider shall have corrections or changes made to adequately address the review comments. The subdivider shall provide a written response to the comments that indicates how each comment has been addressed on the revised plan set. The subdivider shall submit the written response along with the revised plan set and any other necessary documents such as a geotechnical soils report or an environmental assessment to the Community Development Director or designee for review.

1.   Review Cycles: The City shall not require more than four (4) review cycles of the final subdivision plat prior to granting approval in accordance with Utah State Code section 10-9a-604.2. If the subdivider fails to address a review comment in the written response and within the revised plans, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed. A review cycle shall be considered complete when: A complete subdivision land use application is submitted in accordance with section 12-4-3 of this title. A review cycle is considered complete with the following:

a.   The City’s review of the subdivision land use application;

b.   The City’s response to the subdivision land use application is provided to the subdivider;

c.   The subdivider’s reply/resubmittal to the City’s response including a written response to each of the City’s required modifications or requests for additional information.

D.   Appeal Process: If the City fails to respond within twenty (20) business days of the fourth or final review, then upon request of the property owner, and within ten business days after the request for an appeal panel is received, the City shall assemble an appeal panel to review and approve or deny the final revised set of plans. The appeal panel shall include: one licensed engineer designated by the City, one licensed engineer designated by the subdivider, and one licensed engineer, agreed upon, and designated by the two designated engineers. The subdivider is responsible for the cost of the hours and review time of the two designated engineers.

12-4-5: APPROVAL OF PLAT; RECORDING:

A.   Final approvals; Recording: After final approval is granted by the City, the subdivider shall have the final subdivision plat printed on mylar and delivered to the Community Development Director or designee for signatures by the City Engineer, the Planning Commission Chair, the Mayor, and the City Attorney. Prior to delivering the mylar plat to the City the subdivider shall have completed the owner’s dedication, surveyor certificate, and any other necessary signatures from private or public utility companies, or affected entities identified in the review process. The final plat, bearing all official approvals shall be filed by the Community Development Director or designee for recording, at the expense of the subdivider, of the subdivision plat in the office of the Davis County Recorder. No construction or building of any habitable structures shall begin until after the recording of the final plat.

B.   Recording Required Prior to Sales: No lots included in a final plat shall be sold or exchanged unless and until the plat is so approved, signed and accepted by the City and recorded with the office of the Davis County Recorder.

C.   Alteration of Plat Prohibited: It shall be unlawful for any person to change the lines, drawings, lot sizes or shapes, or any other provision of a plat after it has received final approval. Any plat that is changed in violation of this subsection is void and the City may require the withdrawal of the plat from the office of the Davis County Recorder for recording, or the City may file a notice, with the County Recorder that the recordation of the plat is void.

12-4-7: ACCEPTANCE OF OFFERS OF DEDICATION BY MAYOR:

Before a final plat may be recorded in the office of the Davis County Recorder, the Mayor shall perform the non-discretionary and ministerial act of signing the plat solely to accept offers of dedication and for acknowledgment of the subdivision with the City.

Chapter 5

AMENDED PLATS

12-5-1: AMENDED PLAT REQUIRED:

After a plat has been approved by the City and recorded in the office of the Davis County Recorder, any changes to lot lines, sizes, shapes, easements, streets, rights-of-way or any publicly dedicated portions of the plat, that either adds or subtracts from the total lots on the subdivision shall only be allowed if reviewed and approved by the City with an amended plat. Minor adjustments to a recorded subdivision plat that can be addressed under the standards for lot line adjustments shall adhere to those standards and are exempt from the amended plat requirement.

12-5-2: PUBLIC HEARING REQUIRED:

A public hearing shall be held in the instance that an amended plat meets one of the following:

A.   A public hearing for an amended plat shall be held if the amended plat includes the vacation, alteration, or amendment of public street or alley, right-of-way, easement, or any public property in any other form.

B.   In accordance with Utah State Code subsection 10-9a-608 (1)(d), A public hearing shall also be held if any owner within the plat notifies the City of the owner’s objection in writing withing 10 days of the application, or if a public hearing is required because all of the owners in the subdivision have not signed the revised plat

12-5-3: APPLICATION; SUBMITTAL; PLANNING COMMISSION REVIEW:

Applications and the submittal for an amended plat shall follow the same process as established for final subdivision plats outlined in Section 12-4-3 of this title. The Planning Commission shall review each application to amend a recorded final plat and approve the request if the amended plat complies with the standards outlined within Titles 11 and 12 of Clearfield City Code. The Planning Commission shall hold a public hearing for any amended plat that includes the changes outlined under Section 12-5-2 of this title. The review cycle and recording for an amended plat shall follow the process for a final plat outlined in Sections 12-4-4 of this title.

12-5-5: APPROVAL OF PLAT; RECORDING:

The approval, recording, and limitations of alterations to the amended plat shall follow the standards outlined in Section 12-4-5 of this Title.

CHAPTER 6

DESIGN STANDARDS AND IMPROVEMENTS

12-6-1: PREPARATION OF STANDARDS, RULES, AND REGULATIONS:

The City Engineer shall prepare or have prepared, standards for design, construction, specifications, and mandatory inspection of street improvements, curbs and gutters, sewers, sidewalks, street signs, surface and subsurface drainage facilities, water distribution facilities, fire hydrants, sewage disposal facilities and all other public improvements. These standards, rules and regulations and any amendments thereto shall be known as the “Clearfield Development, Design, and Construction Standards” and may be referred to as the “Clearfield Public Works Standards” or “Standards” and shall govern the construction and installation of public improvements within the City.

12-6-2: GENERAL REQUIREMENTS:

A.   All improvements and infrastructure related to a Subdivision shall be installed according to the requirements of the Clearfield City Code, the Clearfield Public Works Standards, and all other applicable federal, state or other local regulations.

B.   The Subdivider shall be responsible for extending all utilities and improvements and infrastructure to the Subdivision if they are not already adjacent to or on the site including all elements of a street such as pavement, utilities, curb, gutter, and sidewalk on streets operated by the City or the Utah Department of Transportation.

C.   When connecting to aging infrastructure there may be situations where replacement of the existing infrastructure is required as determined by the City. When the City is to take ownership of public infrastructure and improvements, the City shall require the Subdivider to install such improvements in a manner that does not cause excessive liability or maintenance costs for the City at the convenience or advantage of the Subdivider.

12-6-3: LOTS AND PARCELS:

The lot and parcel design of properties within a subdivision shall comply with the following standards:

A.   Minimum Area, Width and Frontage: The minimum area, width, and frontage dimensions of all lots shall conform to the requirements of Title 11 of City Code for the zone in which the subdivision is located. In calculating the lot area for purposes of this Title and Title 11, the square footage of any street, whether public or private shall not be included.

B.   Side Lot Lines: The side lines of all lots, so far as possible, shall be designed to be at right angles to the street (whether public or private) which the lot faces, or approximately radial to the center of curvatures, if such street is curved. Side lines of cul-de-sac lots shall be designed to be approximately radial to the center of the curvature of the turnaround.

C.   Corner Lots: Corner lots have more than one side which must maintain a required setback, and therefore shall be platted wider than interior lots in order to permit conformance with the required setback requirements of Title 11.

D.   Flag Lots: Flag lots shall comply with the development standards of Section 11-13-9 “Flag Lots” of City Code.

E.   Buildable Lots: All subdivisions shall result in the creation of lots which comply with applicable regulations established in Title 11. A subdivision may not create lots which would make improvements and services impractical due to size, shape, steepness of terrain, location of water bodies, problems with sewerage, driveway grades, or other physical conditions. Only common area parcels or lots used for open space or pedestrian ways may be of irregular shape. All lots that are to contain a dwelling unit shall be a buildable lot as described herein.

F.   Remainder Parcels: Remainder parcels shall only be permitted as follows:

1.   May be used for agricultural purposes but shall not be eligible for habitation, commercial uses, or primary structures; and

2.   Shall not be eligible for building permits and shall not be eligible for other permitted uses. All limitations and restrictions shall be clearly noted on the final plat.

G.   Unusable Parcels Prohibited: All land within the subdivision shall be attached to adjacent lots or made part of the common area governed by a Community/Homeowners Association, rather than allowed to remain as unusable parcels. The City, at its sole discretion may elect to maintain such common areas if deemed in the best interest of the City. All remainder parcels shall comply with the standards of Subsection F.

H.   Developable Area Limitation: The Administrative Land Use Authority recommend that all undevelopable portions of proposed lots be identified by shading and notations upon the final plat. This provision may be invoked to protect, among other things, natural slopes or vegetation, special natural topographic features, faults, or visual factors. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage or frontage, which would be unusable for normal purposes.

I.   Double Frontage Lots: Lots, other than corner lots, having double frontage may not be approved except where necessitated by topographic, transportation corridor requirements, or other unusual conditions. Double frontage lot improvements shall include a masonry wall and related landscape improvements as follows. This section does not apply to subdivision lots created by plat which received preliminary approval prior to the effective date hereof.

1.   A solid masonry buffer wall is required on the rear lot line of double frontage lots which abut collector or arterial streets.

2.   Sidewalk and park strip improvements in accordance with Public Works Standards are required adjacent to the rear lot line buffer wall of double frontage lots.

3.   A subdivision plan may not receive final approval for recording unless the design plan for the buffer wall and related sidewalk and park strip improvements have been designed in accordance with Public Works Standards and approved by the Community Development Department and Public Works Department. Guarantee and/or warranty of these improvements shall be included with all other public improvements of the subdivision.

4.   The masonry buffer wall and related sidewalk and park strip improvements shall comply with Public Works Standards and the following criteria:

a.   The buffer wall shall comply with fencing / clear view standards of the Title 11;

b.   The buffer wall shall be constructed of brick, concrete block or similar masonry materials approved by the Community Development Department;

c.   Unpaved areas between the inside edge of the sidewalk and the buffer wall are not permitted; any of these gaps shall be covered by widening the sidewalk to the edge of the buffer wall;

d.   The subdivider shall, as a part of the development, install curb and gutter along the street, along with sleeves underneath the sidewalk to accommodate sprinkling systems to the park strip;

e.   Trees shall be provided at the intervals outlined for Street Trees in Section 12-6-19 of this Title. On corner lots, the first tree nearest the intersection shall be located forty feet (40’) from the intersection. Tree selection shall be approved by the City Arborist;

f.   The park strip abutting the collector or arterial street shall comply with all other regulations of Chapter 11.21 “Landscaping Standards and Requirements” of City Code;

g.   The subdivider shall warranty that all required landscaping shall survive the initial planting season and shall be in a hardy living condition, as determined by the City Arborist, within one year of the initial planting season;

h.   A property owners association or the adjacent property owner shall maintain the landscaping required for the park strip unless the City agrees to maintain the landscaping. The City at its discretion may add, remove, replace, or maintain landscaping within the park strip if the maintenance is provided by the City. If the subdivider requests City maintenance, the following standards apply:

1.   Acceptance of maintenance shall be based on the determination that the public interest is best served by City maintenance. The City may require an additional assessment on the subject properties for ongoing maintenance;

2.   Installation of all landscaping improvements shall be per City standards outlined in Chapter 11-21 of City Code;

3.   Installation of all landscaping and improvements shall be part of the public improvements and included in the warranty of said improvements;

4.   The subdivider shall maintain the improvements for at least one year following the construction acceptance by the City, and thereafter until the City has granted final acceptance for maintenance.

i.   It shall be unlawful to remove any landscaping required in a park strip which is required by the provisions of this section of code unless approved by the Community Development Director. This provision does not apply to routine maintenance of park strip landscaping such as the mowing, trimming, or pruning of said landscaping. Landscaping shall comply with the water efficient landscaping standards of Title 11;

j.   Along high traffic volume collectors or arterials with limited access by adjacent property owners, the Administrative Land Use Authority may grant the use of pavers and/or finished concrete in place of irrigated landscaping. Street trees are still required to be provided in accordance with the standards of this Title.

5.   The Community Development Director or designee may approve minor modifications to the requirements of this section to better achieve the intent and address specific site conditions. Upon request by the subdivider, an alternative landscape plan may be approved if it is determined the proposed alternative plan accomplishes the purposes of this section equally well or better than would a plan which complies with the standards of this section.

J.   For Subdivisions containing more than two (2) residential building lots, no lots shall directly access an arterial or collector street.

K.   A lot shall not be divided by a City limit or county limit line. Such boundary lines shall be made at lot lines.

12-6-4: STREET DESIGN, LAYOUT, AND ACCESS:

The following minimum standards and design criteria shall apply unless deemed unwarranted by written recommendation of the City Engineer or designee. These standards and criteria shall be supplemented by other applicable engineering and construction requirements and standards as specified by the City Engineer.

A.   General: All streets shall conform, unless otherwise determined by the City Engineer and Community Development Director, to the adopted General Plan, Transportation Master Plan, and the Public Works Standards. 

B.   Approval: Overall street layout and access shall be reviewed and approved as part of the Preliminary Subdivision Plat. At the recommendation of the City Engineer, the Administrative Land Use Authority shall have authority to require stub roads, additional access into the development, and adjustments to the street layout, street cross-sections, and right of way widths. Such adjustments to the Subdivision plan may be required to provide connectivity between developments, provide for public safety and emergency access, minimize public infrastructure maintenance and liability, and align with the General Plan, the Transportation Master Plan, and the Public Works Standards.

C.   Street Pattern: The street pattern in the subdivision shall be most advantageous to the development of adjoining areas and the entire neighborhood or district. The following design standards shall be adhered to with the proposed street layout:

1.   Proposed streets should be continuous and in alignment with existing planned or platted streets.

2.   Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the City Engineer, the road extension is not desirable for the coordination of the subdivision with the existing layout or most advantageous to the future development of adjacent land.

3.   Proposed streets shall intersect other streets as nearly at right angles as topography and other limiting factors of good design permit.

4.   Alleys shall not normally be permitted in residential single-family subdivisions but may be permitted in multi-family or nonresidential subdivisions. The allowance of alleys for residential single-family subdivisions shall be subject to approval by the City Engineer and the Administrative Land Use Authority.

D.   Maximum Dwelling Units; Access: Residential subdivisions must have adequate access to and from streets.

1.   Single- And Two-Family Dwellings: Any residential subdivision development of more than thirty (30) single- or two-family dwellings shall have access to and from at least two (2) existing or proposed (as part of the subdivision) streets. The total dwelling count shall include all existing, planned, or vacant lots included in the subdivision.

2.   Multi-Family Dwellings: Any residential subdivision development of two hundred (200) or more multi-family dwellings shall have at least two (2) access points to and from an existing or proposed (as part of the subdivision) street(s).

3.   Greater Access Requirements: Access requirements should not be construed to limit the City’s authority to impose greater access requirements for residential areas if, in the opinion of the City Engineer or the local Fire Marshal, the extent of existing and anticipated residential development in a given area requires additional street access.

4.   Exceptions: The Administrative Land Use Authority at the recommendation of the City Engineer may waive these access requirements for more than thirty (30) single-family residential dwellings with one point of improved ingress/egress when unique topographic circumstances or “landlocked” (physically restrained from other access points) from adjacent, existing developments circumstances exist. A waiver of these regulations may require additional development requirements to ensure public safety standards are met.

E.   Private Rights-Of-Way: Private rights-of-way may be used for development purposes in all zoning districts subject to the following conditions:

1.   Private rights-of-way shall be designed and built as per the Public Works Standard Drawings. For residential subdivisions, roadway Section A is the default private roadway section to be used. Section B may be used if the residential units are provided with a minimum twenty foot (20’) deep driveway (excluding the sidewalk) or if a parking area is provided to meet the minimum parking standards outlined in Title 11 of City Code.

2.   Shall not be permitted for any portion of road that is contained on the Clearfield City Transportation Map.

3.   Private rights-of-way shall not be permitted if the road serves to connect to other rights-of-way or subdivisions.

4.   Private rights-of-way shall meet all requirements of the International Fire Code, Appendix D.

5.   All development on private rights of way of two (2) lots or more shall establish a homeowners’ association or similar organization that will be responsible for the care and maintenance of any common property or utilities. A complete set of covenants, conditions, and restrictions (CC&Rs) shall outline the care and maintenance of all private utilities, street improvements and common spaces. The CC&Rs shall also set forth the funding mechanism for that maintenance. The CC&Rs shall be recorded and run with the land.

6.   An easement for all public utilities shall be provided and dedicated to the City.

7.   Private Rights-Of-Way; Maintenance: The City shall not be responsible in any way for maintenance or upkeep of surface improvements for private rights-of-way and does not guarantee services such as but not limited to, mail, garbage collection, or snow removal will extend to the residences on such streets.

F.   Subdivision Adjacent to Arterials, Highways, or Freeways: Subdivisions should be designed according to the following guidelines:

1.   Street design shall have the purpose of making adjacent lots, if for residential use, desirable for such use by mitigating the impact of heavy traffic and of minimizing the interference with traffic on arterials;

2.   The number of intersecting streets along arterials shall be held to a minimum;

3.   Frontage roads, if required or existing, shall be separated from the arterial, highway, or freeway by a strip of permanent landscaping not less than ten feet (10’) wide. A landscaping plan for the strip shall be submitted for approval by the Community Development Department and the Parks and Open Space Manager. Frontage roads shall enter arterials by means of intersections design with turning and stacking capacity adequate for the traffic volume as estimated by the City Engineer or designee.

G.   Rear Access Restriction: If the rear of any lot borders a public street, the subdivider shall be required to have access restricted on the plat, prohibiting the right of ingress and egress from said public street to that lot. In addition, a masonry wall and related improvements must be installed as provided in this chapter under double-frontage lots.

12-6-5: STREETS AND STUB STREETS:

A.   Streets: Streets shall conform to the width designated on the transportation master plan and the public works standards. The subdivider may be required either to provide land for widening of established streets within or adjacent to a proposed subdivision or to provide land for new streets necessitated by the development.

B.   Stub Street: A stub street shall not exceed one hundred and fifty feet (150’) in length unless a temporary turnaround is provided as shown in the public works standards.

C.   Half Streets: Half streets are not permitted within the City and the subdivider, at their own expense, shall provide a full width right of way as provided in the public works standards.

12-6-6: CURB, GUTTER, PARK STRIP AND SIDEWALK:

Curb, Gutter, Park Strips and Sidewalk are required to be provided by the Subdivider to each lot within the subdivision. Connections to any of these unfinished improvements within adjacent subdivisions or on adjacent properties shall be completed by the subdivider to remove gaps in infrastructure and pedestrian means of travel by sidewalk.

12-6-7: PROTECTION STRIP NOT ALLOWED:

If a new subdivision street is contiguous to undeveloped property, the subdivider shall not retain a protection strip between the street and the adjacent property.

12-6-8: PUBLIC UTILITY EASEMENTS:

A minimum ten foot (10’) public utility easement shall traverse the frontage(s) of each lot. The Administrative Land Use Authority may require additional easements to accommodate utility planning and future access.

12-6-9: UTILITIES REQUIRED:

The following utilities are required to be provided by the Subdivider to each lot:

A.   Culinary Water: The water source shall be provided by Clearfield City unless an alternative permanent source is approved by the City Engineer and the Davis County Health Department. All lots shall be served by the City’s culinary water system. Water system improvements are to be installed by the subdivider and then relinquished to the City following satisfactory inspection. In addition, City water connection fees assessed to each lot must be paid before any water service is provided.

B.   Sewer: The sewer service shall be provided by Clearfield City through gravity collection lines. The sanitary sewer system shall be designed by a licensed engineer and constructed by the subdivider. After satisfactory inspection in made, all sewer improvements will be accepted by the City.

1.   Public sewer lift stations are not generally permitted. Public sewer lift stations may be granted by exception by the Administrative Land Use Authority and the City Engineer when a lift station is deemed to be in the best the interest of the City and gravity sewer is not feasible;

2.   As determined by the Administrative Land Use Authority and the City Engineer, some property may not be developed if gravity sewer cannot be reasonably provided.

C.   Secondary/Irrigation Water (Secondary Water): Secondary water service, as an independent service, is not required by the City. Culinary water is allowed to be used for outdoor purposes as provided for in the Public Works Standards, or as otherwise approved by the City. If relocation or alteration of existing private secondary water infrastructure is necessary, the subdivider shall coordinate and have approved the changes by the private secondary water provider. Connections to said secondary water infrastructure shall also be coordinated and approved by the subdivider and secondary water provider.

D.   Land Drain: The land drain system must be installed in areas with shallow groundwater. If basements are eliminated and the geotechnical report can provide sufficient documentation that groundwater levels (including historical) are deep enough to eliminate the need for the land drain system, the Administrative Land Use Authority and the City Engineer may allow this requirement to be waived.

E.   Electrical Power: The subdivider shall have installed, within the subdivision, electric power to each lot in accordance with the rules and policies of Rocky Mountain Power (RMP) or their successors. The subdivider shall make arrangements RMP to adjust all existing overheard or underground electric power facilities within the subdivision that are in conflict with the layout of the subdivision or are otherwise required to be adjusted. Such adjustments shall be one at the subdivider’s expense.

F.   Natural Gas: The natural gas service will be provided by Dominion Energy, or their successors and all installations must follow Dominion Energy Standards.

G.   Telecommunications: A telecommunication service shall be provided.

H.   Fire Hydrants: Fire hydrants shall be provided at locations determined by the North Davis Fire District in accordance with International Fire Code standards.

12-6-10: UTILITIES TO BE UNDERGROUND:

All utilities shall be placed underground in all subdivisions. The Subdivider shall establish final utility grades prior to utilities being placed underground.

12-6-11: STORM WATER:

Storm water plans shall meet the requirements of the Public Works Standards and the City Code. The City Engineer shall determine the appropriate implementation strategy for meeting the City’s storm water-related standards, using the current Capital Facilities Plan as a guide; this may include decisions regarding ownership and access to storm water basins, and where and how the water shall flow as part of the City’s overall storm water system.

12-6-12: DITCHES:

A.   Open gravity flow ditches are not permitted within the boundary of a subdivision.

B.   All existing irrigation ditches, whether used for the purpose of transporting irrigation or waste flow water, must be replaced with a pipe having a minimum diameter of fifteen inches (15”) or larger as otherwise required by the water company or users.

1.   Pipe shall comply with reasonable engineering standards and shall be satisfactory to the affected irrigation company or users both upstream and downstream of the subdivision.

2.   Irrigation ditches which are no longer needed may, with the permission of the irrigation water users, be abandoned and filled.

3.   In all cases, the Developer shall show proof in writing that the proposed system is satisfactory to the water users.

C.   Open gravity flow ditches located adjacent but not within a subdivision shall be restricted to access from residents of the proposed subdivision with a fence. The fence shall be located on the subdivision side of the ditch and shall be constructed along the entirety of the subdivision boundary which abuts the ditch.

D.   “Water Users”, as used in this section, means private persons, companies, associations, or any other business organization as the case may be which have a legal interest in the affected ditch or irrigation system.

12-6-13: INSPECTIONS:

All improvements and infrastructure shall receive inspections by the City Engineer or designee as required in the Public Works Standards and as necessary to verify conformance with the City Code and the Public Works Standards. Failure to obtain the necessary inspections may necessitate removal and re-installation of the improvements and infrastructure at the Subdivider’s cost if such removal and re-installation are determined by the City Engineer or designee.

12-6-14: ENGINEERING AND DESIGN STANDARDS:

A.   Access: All lots shall be accessed by a fully improved City street and shall meet the frontage requirements outlined in Title 11. It shall be the responsibility of the Subdivider to provide proper road access to the Subdivision as required in City Code, the Public Works Standards, and (where applicable) the Utah Department of Transportation. The mere existence of a public road or right-of-way to the proposed Subdivision does not mean that adequate access exists. It shall be the Subdivider’s responsibility to construct and dedicate all public roads required by the City to provide access to the Subdivision. 

B.   Design Standards: All Subdivisions shall comply with the current adopted design standards set forth in City Code and in the Clearfield Public Works Standards. 

C.   Public Infrastructure and Improvements: The City Engineer shall have authority to require adjustments to the utility plan associated with a proposed Subdivision including adjustments to the type, manner, and location of utilities. Such adjustments to the utility plan may be required to provide connectivity between developments, provide for public safety, and minimize public infrastructure maintenance and liability.

D.   Additional Reports and Studies:

1.   Geotechnical reports as required by the Public Works Standards and the City Engineer.

2.   A traffic study may be required by the City Engineer depending on his/her judgment regarding the size of the Subdivision, complex traffic movements involved with the proposal, interaction of streets with State roads, new traffic patterns, traffic volume in or near the Subdivision, history of crashes or expected crashes in the area, general safety, or anticipated traffic delays due to the Subdivision.

3.   Storm water pollution protection as required by the Public Works Standards and City Code.

4.   Wetland delineation and mitigation may be required as determined by the City Engineer or as otherwise required by the Army Corp of Engineers.

E.   Preservation of Natural Conditions: The design and development of Subdivisions shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil, and trees as determined by the Administrative Land Use Authority for Preliminary Subdivision Applications. Replacement and construction of new bridges, culverts or piping of the natural tributaries and open manmade channels, except irrigation canals, shall be designed as approved by the City Engineer.

F.   Hazards: Land subject to hazardous conditions such as slides, mud flows, shallow water table, floods, and polluted or non-potable water supply shall not be subdivided until complete mitigation of the hazards has been properly identified and included in the Subdivision Improvement Plans.

12-6-15: PARKS, SCHOOLS, AND OTHER PUBLIC PLACES:

A.   Access: All subdivisions shall provide at a minimum pedestrian access to existing or planned adjacent parks, schools, and other public places. Vehicular access shall be provided if deemed necessary by the City Engineer and the Planning Commission.

B.   Required: Where a proposed Subdivision includes or adjoins an existing or planned park as specified in the City’s General Plan or Parks Master Plan the Subdivision plat shall include and provide for the development of the park in accordance with said Plan.

12-6-16: TRAILS

A.   Required: Where a proposed Subdivision includes or adjoins an existing or planned public trail system as specified in the City’s General Plan or Trails Master Plan the Subdivision plat shall include and provide for the development of public trail infrastructure in accordance with said Plan.

B.   Improvements: Trails shall be developed in accordance with applicable AASHTO standards with sufficient width, and to safely accommodate two-way bicycle and pedestrian traffic along the trail corridor. In absence of applicable AASHTO standards, or local standards hereby adopted and applied.

1.   The Administrative Land Use Authority, when feasible, may allow the trail right-of-way to be substituted for a required sidewalk and park strip area on one side of the street right-of-way dedicated within the Subdivision.

2.   All trail improvements shall be dedicated to the City or an agreed upon non-profit third party, for the operation and maintenance after final acceptance.

12-6-17: HAZARDOUS AREAS TO BE FENCED

All areas of the subdivision or features adjacent to the subdivision, which present a potential threat to the public safety, shall be fenced with a six foot (6’) non-climbable fence or masonry wall as required by the Administrative Land Use Authority. Such hazardous areas may include, but are not limited to rivers and streams, canals, steep drop offs or slopes, arterial or collector streets, and railroad rights-of-way. The fence or wall shall be constructed and included as part of the subdivision improvements and be included in the public improvements financial guarantee.

12-6-18: STREET LIGHTING:

A.   The subdivider shall pay for all outdoor street lighting fixtures and warranty for the street lighting following installation.

B.   The placement and installation of street lighting shall be in accordance with the adopted Public Works Standards.

C.   The subdivider is responsible for ordering and installing the streetlights as specified in Public Works Standards. The streetlights shall then be maintained by the City.

D.   The subdivider shall be required to get power installed into the subdivision and notify the City when power is available.

12-6-19: STREET TREES:

For residential subdivisions and as elsewhere identified by the City, the subdivider shall provide street trees for all streets in a subdivision. Unless elsewhere specified in City Code, the number of street trees shall be calculated on the basis of one tree at a minimum of every forty (40) linear feet or a maximum of every sixty (60) linear feet of frontage including double frontage lots or as otherwise specified in City Code. The City shall approve the locations and varieties of the trees to be planted. Ongoing maintenance of the street trees shall be the responsibility of the owner of the lot. It is unlawful to remove in whole any street tree without the full replacement of the tree with a new street tree.

12-6-20: FLOODPLAIN REQUIREMENTS:

If the subdivision is located in an identified floodplain area, the subdivision design shall comply with all applicable federal, state and local regulations related to development within a floodplain area.

12-6-21: IMPROVEMENTS: AS-BUILT PLAN FILED ON COMPLETION:

A complete improvement plan “as-built” shall be filed with the City Engineer upon completion of said improvements. Such “as-built” plans shall be certified as to accuracy and completeness by the subdivider’s licensed contractor and engineer.

12-6-22: DEVELOPMENT ACTIVITY PRIOR TO PLAT RECORDING:

A.   Pre-Construction Meeting: Upon Final Land Use Approval of the Final Plat and Improvement Plans and prior to commencing any construction activity, the Subdivider shall schedule and attend a pre-construction meeting as required in the Public Works Standards.

1.   If the General Contractor changes at any time during construction, an additional pre-construction meeting shall be held before additional work commences.

B.   Inspections: All construction shall be subject to inspections as required in the Public Works Standards.

C.   Improvement Completion Assurance: At any time after receiving final approval, the Applicant may post an improvement completion assurance as outlined in this chapter for:

1.   Completion of one hundred percent (100%) of the required public improvements or infrastructure; or

2.   If the City has inspected and accepted a portion of the public improvements, one hundred percent (100%) of the incomplete or unacceptable public improvements or infrastructure.

12-6-23: IMPROVEMENTS COMPLETION ASSURANCE, GUARANTEE OF PERFORMANCE, AND DIRECT COSTS:

A.   Purpose: To assure the completion of required improvements and infrastructure as required by the approved plans, Public Works Standards, and all applicable ordinances, the Subdivider shall establish a 1) cash escrow account guarantee with a federally insured financial institution, or 2) a cash bond with the City, or 3) a surety bond with a reputable bond provider who is licensed to issue surety bonds in the State of Utah. The City reserves the right to review any proposed bond provider’s performance and may reject a proposed provider whose past performance has been questionable or who has been in business less than five (5) years.

1.   This completion assurance shall be established prior to recording the Subdivision plat. If the Subdivider installs the infrastructure and improvements and such infrastructure and improvements are inspected and approved by the City prior to recording the plat, then only warranty portion of the completion assurance shall be required.

2.   The provisions of this section do not supersede the terms of a valid Development Agreement, an adopted phasing plan, or the State Construction Code.

B.   Cost Estimate: The Subdivider shall submit an Engineer’s Cost Estimate for all improvements and infrastructure required within the Subdivision. The cost estimate shall include quantities, units, and costs for all improvements and infrastructure required, and shall indicate which items, if any, have already been installed.

1.   The City Engineer shall review and approve the cost estimate and may adjust the costs to meet current industry standards. Those items that are deemed “direct costs” shall be removed from the guarantee amount and shall be accounted separately.

C.   Guarantee Amount: The guarantee shall be equal to one hundred ten percent (110%) of the cost estimated and approved by the City Engineer.

1.   One hundred percent (100%) shall be for the cost of those improvements and infrastructure not yet installed; and

2.   Ten percent (10%) shall be for a required one-year (1) warranty period. The warranty amount calculated shall be based upon the total cost of all required improvements and infrastructure.

D.   Liability: The Subdivider and/or contractor shall indemnify and hold harmless the City and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorney’s fees, arising out of, or resulting from the installation of the required improvements and infrastructure. The indemnity required hereby shall be included in the applicable public improvement guarantee agreement.

E.   Default: In the event the Subdivider is in default with any provision of this Section, or fails or neglects to satisfactorily install the required improvements and infrastructure within two (2) years from the date of approval of the final plat, or to pay all liens in connection therewith, or to correct deficiencies or damages to the improvements and infrastructure required for final acceptance (see Subsection 18 hereof), the City may declare the financial guarantee forfeited and the City may install, repair, or cause the required improvements and infrastructure to be installed or repaired, using the proceeds from the collection of the financial guarantee to defray the expense thereof.

1.   The City may apply all sums deposited as part of the financial guarantee against the cost of completing all required improvements and infrastructure and to pay all expenses, including, but not limited to, all unreimbursed engineering expenses related to the development, a ten percent (10%) administration fee for the securing of contracts, and court costs and attorney fees. The default provisions required hereby shall be included in the applicable public improvement guarantee agreement.

a.   Should the cost of completing all required improvements exceeds the total or remaining financial guarantee available to the City at the time of default, the Subdivider shall pay for the difference and all costs incurred by the City in collecting said difference, including but not limited to the professional services and labor costs incurred by the City to complete all required improvements, as well as all costs incurred by the City resulting from any legal action taken by the City related to the default of the Subdivider.

F.   Release of Funds: The Subdivider shall be responsible for the quality of all materials and workmanship. If improvements and infrastructure are properly installed and verified via City inspections and testing, liens are paid, and other conditions are found to be satisfactory, then the City shall authorize the money held for the specific improvements completed (except for the 10% held during the hereinafter described warranty period) to be released. If the conditions of material or workmanship show unusual depreciation, or do not comply with the acceptable standards of durability, or if required inspections or testing have not been done, or if any outstanding liens are not paid, then the City may withhold releasing the money and the City may declare the Subdivider in default. The City shall have exclusive control over the release of the funds, and they may be released only upon written approval by the City.

G.   Direct Costs: The Subdivider shall pay the following direct costs at the time they establish the required public improvements guarantee. The funds collected for each item will be used for the construction and installation of said items by the City; thus removing the Subdivider’s responsibility for the installation of these items as part their development:

1.   Funds for the current Public Works Standard seal coat treatment. The amount shall be established by the City Engineer in accordance with recent bid prices received for similar treatment(s).

2.   Funds associated with any cost agreement(s) (such as a development agreement) with the City that was established as a condition of approval.

12-6-24: DEVELOPMENT ACTIVITY AFTER PLAT RECORDING:

A.   Improvements and Infrastructure Required for Building Permit: No building permit shall be issued by the City unless all required improvements are installed, inspected, and approved, with the exception of sidewalk, asphalt pavement, streetlights, and street signs.

B.   Improvements and Infrastructure Required for Occupancy: No occupancy permit shall be issued by the City unless all required improvements are installed, including all streetlights, street signs, asphalt pavement, and the sidewalk along the frontage of the building lot in question. If necessary, any damaged improvements shall be replaced prior to the issuance of occupancy.

C.   Conditional Acceptance of Improvements and Infrastructure: The City Engineer or designee shall issue conditional acceptance upon the following:

1.   Completion of all required improvements and infrastructure.

2.   The site has been left in an orderly and clean condition following construction. Construction waste, debris, excess fill material, or any other similar material shall not be left or abandoned on the site or on other nearby properties.

3.   The final plat has been recorded.

4.   The Subdivider makes a written request for inspection of improvements and infrastructure for the purpose of conditional acceptance.

a.   The City will generate a written punchlist of items needing repair, replacement or yet to be completed.

b.   Improvements and infrastructure are inspected by the City and found to be acceptable and in compliance.

c.   Completion of all items identified on the punchlist.

d.   Reproducible as-built drawings have been submitted to and accepted by the City Engineer.

D.   Warranty Period: Upon receipt of Conditional Acceptance, all required improvements and infrastructure shall be warranted by the Subdivider for a period of one (1) calendar year (12 months).

E.   Final Acceptance: Following the completion of the Warranty Period, the City Engineer or designee shall issue final acceptance of the Subdivision improvements and infrastructure when:

a.   The Subdivider makes a written request for inspection of improvements and infrastructure for the purpose of Final Acceptance.

b.   The City will generate a written punchlist of items needing repair or replacement.

c.   Improvements and infrastructure are inspected by the City and found to be acceptable and in compliance.

d.   Completion of all items identified on the punchlist.

F.   Release of Remaining Financial Guarantee: Upon receiving final acceptance, the City shall authorize the release of all remaining guarantee funds.

Title 11, Chapter 13, Section 39 – Supplementary Regulations, Public Improvement is hereby enacted to read as follows:

11-13-39 PUBLIC IMPROVEMENTS

A.   Improvements Required: It is the responsibility of the developer of property within the City to install or repair all required public improvements associated with the development of the property. This includes all public improvements to provide pedestrian and vehicular access to the property as well as the construction of or replacement of public utilities to service the development. Street lighting and other streetscape elements may also be included as determined by the Community Development Director or designee and the City Engineer or designee. All public improvements shall comply with the most current development standards of Title 11 and the Public Work Standards at the time of the development.

B.   Public Improvements Guarantee Agreement: To assure the completion of required improvements and infrastructure as required by the approved plans, Public Works Standards, and all applicable ordinances, the Developer shall enter into a public improvements guarantee agreement with the City and establish a 1) cash escrow account guarantee with a federally insured financial institution, or 2) a cash bond with the City, or 3) a surety bond with a reputable bond provider who is licensed to issue surety bonds in the State of Utah. The City reserves the right to review any proposed bond provider’s performance and may reject a proposed provider whose past performance has been questionable or who has been in business less than five (5) years.

1.   This completion assurance shall be established prior to the issuance of a building permit. At the developer’s discretion, they may install the infrastructure and improvements and such infrastructure and improvements are inspected and approved by the City prior to requesting a certificate of occupancy, then only remaining improvements and the warranty portion of the completion assurance shall be required.

2.   The provisions of this section do not supersede the terms of a valid Development Agreement, an adopted phasing plan, or the State Construction Code.

C.   Cost Estimate: Prior to the establishment of the financial guarantee, the Developer shall submit an Engineer’s Cost Estimate for all improvements and infrastructure required with the development. The cost estimate shall include quantities, units, and costs for all improvements and infrastructure required, and shall indicate which items, if any, have already been installed.

1.   The City Engineer or designee shall review and approve the cost estimate and may adjust the costs to meet current industry standards. Those items that are deemed “direct costs” shall be removed from the guarantee amount and shall be accounted separately.

D.   Guarantee Amount: The guarantee shall be equal to one hundred ten percent (110%) of the cost estimated and approved by the City Engineer.

1.   One hundred percent (100%) shall be for the cost of those improvements and infrastructure not yet installed; and

2.   Ten percent (10%) shall be for a required one-year (1) warranty period. The warranty amount calculated shall be based upon the total cost of all required improvements and infrastructure.

E.   Liability: The Developer and/or contractor shall indemnify and hold harmless the City and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorney’s fees, arising out of, or resulting from the installation of the required improvements and infrastructure. The indemnity required hereby shall be included in the applicable public improvement guarantee agreement.

F.   Default: In the event the Developer is in default with any provision of this Section, or fails or neglects to satisfactorily install the required improvements and infrastructure within two (2) years from the date of final land use approval, or to pay all liens in connection therewith, or to correct deficiencies or damages to the improvements and infrastructure required for final acceptance, the City may declare the financial guarantee forfeited and the City may install, repair, or cause the required improvements and infrastructure to be installed or repaired, using the proceeds from the collection of the financial guarantee to defray the expense thereof.

1.   The City may apply all sums deposited as part of the financial guarantee against the cost of completing all required improvements and infrastructure and to pay all expenses, including, but not limited to, all unreimbursed engineering expenses related to the development, a ten percent (10%) administration fee for the securing of contracts, and court costs and attorney fees. The default provisions required hereby shall be included in the applicable public improvement guarantee agreement.

a.   Should the cost of completing all required improvements exceeds the total or remaining financial guarantee available to the City at the time of default, the Subdivider shall pay for the difference and all costs incurred by the City in collecting said difference, including but not limited to the professional services and labor costs incurred by the City to complete all required improvements, as well as all costs incurred by the City resulting from any legal action taken by the City related to the default of the Subdivider.

G.   Release of Funds: The Developer shall be responsible for the quality of all materials and workmanship. If improvements and infrastructure are properly installed and verified via City inspections and testing, liens are paid, and other conditions are found to be satisfactory, then the City shall authorize the money held for the specific improvements completed (except for the 10% held during the hereinafter described warranty period) to be released. If the conditions of material or workmanship show unusual depreciation, or do not comply with the acceptable standards of durability, or if required inspections or testing have not been done, or if any outstanding liens are not paid, then the City may withhold releasing the money and the City may declare the Developer in default. The City shall have exclusive control over the release of the funds, and they may be released only upon written approval by the City.

H.   Direct Costs: The Developer shall pay the following direct costs at the time they establish the required public improvements guarantee. The funds collected for each item will be used for the construction and installation of said items by the City; thus removing the Developer’s responsibility for the installation of these items as part their development:

1.   Funds for the current Public Works Standard seal coat treatment. The amount shall be established by the City Engineer in accordance with recent bid prices received for similar treatment(s).

2.   Funds associated with any cost agreement(s) (such as a development agreement) with the City that was established as a condition of approval.

  Section 2. Repealer: Any provision or ordinances that are in conflict with this ordinance are hereby repealed.

Section 3. Effective Date: This Ordinance shall become effective immediately upon its posting in three public places within Clearfield City.

DATED this 13th day of June, 2023, at the regularly scheduled meeting of the Clearfield City Council.

                                             CLEARFIELD CITY CORPORATION

                                             _________________________________

                                             Mark R. Shepherd, Mayor

ATTEST

_________________________________

Nancy R. Dean, City Recorder

VOTE OF THE COUNCIL

AYE: Councilmembers Peterson, Ratchford, Roper, Thompson and Wurth

NAY: None

   

Land Use Application	Land Use Authority		Appeal Authority
			First Appeal			Second Appeal
	Advisory Body	Authority	Days to Appeal3	Body	Days to Appeal3	Body
General Plan or Map Amendment	Planning Commission	City Council	30	District Court	n/a	None
Land Use Ordinance or Map Amendment	Planning Commission	City Council	30	District Court	n/a	None
Subdivision Ordinance or Amendment	Planning Commission	City Council	30	District Court	n/a	None
Development Agreement	Planning Commission	City Council	30	District Court	n/a	None
Project Concept Plan1	Staff	Planning Commission	n/a	None	n/a	None
Site Plan	Staff	Planning Commission	10	Land Use Hearing Officer	30	District Court
Administrative Site Plan	n/a	Staff	10	Planning Commission	30	District Court
Preliminary Subdivision Plat	Staff	Planning Commission	10	Land Use Hearing Officer	30	District Court
Final Subdivision Plat	n/a	Staff	10	Land Use Hearing Officer	30	District Court
Conditional Use	Staff	Planning Commission	10	Land Use Hearing Officer	30	District Court
Sign Permit	n/a	Staff	10	Planning Commission	30	District Court
Parcel Line Adjustment	n/a	Staff	10	Land Use Hearing Officer	30	District Court
Lot Line Adjustment	n/a	Staff	10	Land Use Hearing Officer	30	District Court
Amendment of Approved Subdivision Plat:
Preliminary	Staff	Planning Commission	10	Land Use Hearing Officer	30	District Court
Final	Staff	Planning Commission	10	Land Use Hearing Officer	30	District Court
Variance	Staff	n/a	n/a	Planning Commission	30	District Court
Street or Alley Vacation	Staff	City Council	30	District Court	n/a	None
Annexations	Shall comply with the requirements of title 10 of Utah Code Annotated.
Administrative Approvals2	n/a	Staff	10	Planning Commission	30	District Court

Any appeal of a City Council decisions shall be to the District Court.

In such cases where the appellant may choose either the Land Use Hearing Officer or District Court as the appeal authority, the appeal must be filed in 10 days if to the Land Use Hearing Officer, and 30 days if to the District Court.

Notes:

1.   Optional application, no decision rendered.

2.   Administrative approvals include interpretations of the land use ordinance, etc.

3.   Calendar days from the time of written notification by the City of formal action on the applications, or approval of the minutes of the meeting in which the action was taken, whichever occurs first.

        

	Sent To Each "Affected Entity"	Posted In At Least 3 Public Locations Within The City; Or On City's Official Website	Provided To The Applicant(s)	Sent Via Regular U.S. Mail To All Property Owners Located Within 300 Feet Of Subject Property	Sign Posted On Or Adjacent To The Property
Adoption or modification of general plan or map	10 calendar days before hearing	10 calendar days before hearing	3 calendar days before public hearing	10 calendar days before public hearing	10 calendar days before public hearing
Adoption or modification of land use ordinance or zoning map	10 calendar days before hearing	10 calendar days before hearing	3 calendar days before public hearing	10 calendar days before hearing	10 calendar days before hearing
Approval or modification of subdivision preliminary plat	10 calendar days before public meeting (Entities that provide services)	n/a	3 calendar days before public meeting	n/a	10 calendar days before meeting
Approval or modification of final subdivision plat	n/a	n/a	3 calendar days before public meeting	n/a	10 calendar days before public meeting
Amendment of any portion of a recorded subdivision final plat including but not limited to lot lines, lot areas, common areas, or easements.	10 calendar days before public meeting (Entities that provide services)	n/a	3 calendar days before public meeting	n/a	10 calendar days before meeting
	Shall comply with the requirements of title 10 of Utah Code Annotated if a public hearing is required.
Vacation, alteration, or amendment of any public street or alley, or right of way.	10 calendar days before hearing	10 calendar days before hearing	3 calendar days before public hearing	10 calendar days before hearing	10 calendar days before hearing
Conditional Use Permit	n/a	n/a	3 calendar days before public meeting	n/a	10 calendar days before public meeting
Site Plan Review	n/a	n/a	3 calendar days before public meeting	n/a	10 calendar days before public meeting
Public meetings	n/a	At least 24 hours before meeting	At least 24 hours before meeting	n/a	n/a
Annexations	Shall comply with the requirements of title 10 of Utah Code Annotated.