A. Requirements: No building permit shall be issued for any structure within a subdivision until the final subdivision plat is recorded in the Davis County recorder's office, a bond is provided acceptable to the city ensuring the adequate installation of required public improvements and utilities, and the required improvements and utilities have been installed and are operable as provided herein. No building permit shall be issued for any structure within a subdivision until all sanitary sewer, storm sewer, culinary water lines, pressure irrigation (if applicable), fire hydrants, curb and gutter, streets, other underground utilities located under the street surface, and required grading and drainage improvements, are installed and fully functional, as determined by the city, providing continuous access and/or service to the lot. Notwithstanding the foregoing, for condominium projects only, permits for footings and foundations which are accompanied by a certificate of survey by a licensed surveyor verifying its location, may be issued by the city council, subject to compliance with applicable requirements, including adequate access for emergency vehicles, prior to the installation of utilities and street improvements. For purposes of this section, street improvements shall require asphalt or concrete hard surfacing of the streets, except as otherwise provided in subsection B of this section.
B. Issuance Prior To Street Surfacing: A building permit may be issued by the city for the construction of a structure within a subdivision prior to application of hard surfacing of the streets within the subdivision under the following conditions:
1. The street improvements are being constructed during the months when cold weather prohibits the laying of a hard surface on the street.
2. The streets shall be completed with all utilities, rough grading, and all weather road base sufficient for emergency vehicle access and construction traffic. Sufficiency of the road base, including road base gradation and thickness, shall be determined by the city engineer upon review and consideration of applicable soils reports, drainage factors and existing topographic conditions of the property.
3. The developer enters into an agreement with the city that the developer will take responsibility to ensure that the road is accessible for emergency vehicles and construction traffic at all times, including snow removal and other required maintenance.
4. The developer enters into an agreement with the city that developer will hard surface the road as soon as weather permits and as authorized by the city. If developer fails to do so, the city can declare the developer in default of the applicable improvements bond agreement and may withdraw any or all of the funds from the bond and cause the improvements to the street to be constructed, completed and/or repaired in accordance with the terms and procedures set forth in the bond agreement for the withdrawal of funds.
5. The building contractor, property owner and building permit applicant enters into an assumption of risk agreement acknowledging the lack of hard surface streets within the subdivision and developer's obligation regarding maintenance and access of the same and assuming the risk of proceeding with construction under such circumstances pursuant to the terms and conditions set forth herein.
6. No certificate of occupancy shall be granted by the city for any structure within the subdivision until all streets are hard surfaced. (Ord. 2006-45, 7-11-2006)