ORDINANCE NO. 2023-06
AN ORDINANCE ADOPTING AMENDMENTS TO MAPLETON CITY CODE TITLE 17 AND 18.90.130 REGARDING SUBDIVISION REQUIREMENTS FOR NEW DEVELOPMENT AND AMENDING THE FEE SCHEDULE
WHEREAS, Mapleton City Code (MCC) title 17 is the City’s subdivision ordinance; and
WHEREAS, the proposed amendments to title 17 and section 18.90.130 are intended to ensure that Mapleton City Code is consistent with state code requirements and to follow current best practices; and
WHEREAS, the City charges a fee to all new subdivisions to cover the cost of a high density bond seal to the roadways after construction has been completed. The proposed fee amendment will ensure the City is collecting sufficient fees to cover the cost of the seal; and
WHEREAS, the Planning Commission recommended approval of the proposed amendments on July 27, 2023.
NOW THEREFORE, BE IT RESOLVED by the City Council of Mapleton, Utah, to adopt the amendments to MCC title 17 and section 18.90.130 as described in Exhibit “A”, to change the high density bond seal fee to $.30 a square foot of asphalt added, and to establish a $5,100 fee per acre foot of ULS water purchased from the City.
PASSED AND ORDERED PUBLISHED BY THE CITY COUNCIL OF MAPLETON, UTAH,
This 16th Day of August, 2023.
______________________________
Dallas Hakes
Mayor
ATTEST:
___________________________
Camille Brown
City Recorder
Publication Date: August 17, 2023
Effective Date: September 5, 2023
(Changes shown in strikeout and underline. Only those sections that include amendments have been included)
TITLE 17
DEVELOPMENT CODE, PART II; SUBDIVISIONS
DEVELOPMENT CODE, PART II; SUBDIVISIONS
Public Works Design Standards 17.14
No person shall subdivide, as defined by section 17.32.010 of this title, any tract of land within the incorporated limits of the city; nor shall any person sell, exchange, purchase or otherwise convey a parcel of land which is part of a larger tract, if such sale or agreement would have the effect of creating a "subdivision" as defined by this title, unless and until a final plat, prepared in accordance with the provisions of this title, shall have been reviewed and approved by the appropriate land use authority consistent with chapter 17.04 of this title and recorded in the office of the county recorder. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016)
Preliminary condominium plats shall be reviewed by the planning commission. Upon approval of the preliminary plat , a final plat and construction drawings shall be submitted for review and final approval by the development review committee. If an applicant contests any requirements imposed by the DRC as part of the final plat approval, the applicant may request that the application be referred to the planning commission for a final decision. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016)
The applicant shall prepare and submit a land use application, including fees, in accordance with this code and community development department policy. The applicant may submit a concept plan. While the concept plan is optional except under the circumstances stated below, a preliminary and a final plat are required. The submission shall be in accordance with the following standards and guidelines:
2. Where the applicant owns or controls more territory than he proposes to submit for preliminary or final approval, or under circumstances where the proposed subdivision is part of a larger project or territory which the applicant owns or controls and which includes property in more than one planning district or zone as defined in the Mapleton City general plan, the city may require that a concept plan covering the larger area be submitted. The concept plan for the larger area shall show how the immediate development relates: a) to possible development of the remaining territory, b) to the city's major street plan, and c) to the provision of other public services, utilities and facilities.
3. An applicant may submit a concept plan if the applicant desires to obtain input from city staff or the planning commission prior to undertaking the preparation and submission of a complete preliminary plat. If the concept includes a request for a rezone or a zoning text amendment, the concept may be referred to the city council.
2. Where a subdivider proposes to submit a final plat containing less territory than shown on the preliminary plat (phased development) the preliminary plat shall identify each of the proposed phases. Any such final plat phasing scheme shall occur at logical "break points" in the project and provide access and utility services which will be adequate in the event that subsequent phases do not occur. The phasing scheme shall also incorporate the provisions of chapter 17.12 of this title.
3. No phasing scheme shall have the effect of leaving a residual lot, non-conforming parcel or previously divided land for which the required subdivision improvements have not been previously constructed. For purposes of this code a "residual lot" shall be defined as a zoning lot, created by the proposed subdivision, but which is not shown as a lot on the final plat of the subdivision project or as future development. A future development parcel must be developable into multiple lots meeting the area standards for the applicable zone. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021)
B. The DRC shall be the administrative land use authority for all preliminary plat applications of two (2) lots or less (including all proposed phases) that do not include: 1) a legislative request (rezone, general plan amendment, TDR overlay, etc.), and/or 2) a request to amend or waive certain public improvement requirements per subsection 17.12.040B of this title. For all other subdivisions, the planning commission shall be the administrative land use authority. When a subdivision includes a request to apply Transferable Development Rights, the review process outlined in section 18.76.080 of this title shall apply.
7. Are the location and arrangement of the lots, roads, easements and other elements of the subdivision contemplated by the preliminary plat consistent with the city's general street map and other applicable elements of the general plan? Does the preliminary plat recognize and accommodate the existing natural conditions?
D. The administrative land use authority may direct that changes be made in the preliminary plat so that it conforms to the objectives of the applicable zone and this title, including, but not limited to, redesign of the road system, future extension of the road system into adjacent properties, relocation of lot boundary lines, and increase in water line size and other utilities if necessary for the proposed development or future development.
E. All preliminary plat approvals shall be valid for three (3) years unless otherwise specified by the final administrative land use authority or part of a master development agreement . If an applicant fails to receive Final Plat approval in accordance with section 17.04.060 of this title within the time frame specified, the preliminary plat approval shall become null and void. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021)
D. If an applicant is proposing substantial changes to the preliminary plat, the applicant shall be referred to the administrative land use authority that approved the preliminary plat for final approval. Substantial changes shall include an increase in the number of proposed lots, changes to the location and/or configuration of streets including stub streets, and/or other changes deemed substantial by the DRC.
A petition to vacate, alter or amend an entire plat, or to vacate a street in a subdivision shall conform to Utah code. Petitions to adjust lot lines between adjacent properties, or petitions to combine lots in a platted and recorded subdivision shall require approval from the community development director consistent with Utah Code section 10-9a-608. Said amendments and lot line adjustments as herein defined, shall not create a new building lot, and the amendment or lot line adjustment shall not violate the lot requirements in the underlying zone. Appeals to decisions made to approve an amended subdivision plat shall be the same as described in section 18.84.460 of this code. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016)
After final plat approval by the administrative land use authority , the applicant shall either complete the required improvements or post a performance guarantee in accordance with section 17.16.010 of this title. A preconstruction meeting with the DRC shall be required prior to the commencement of construction. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016)
1. Geotechnical And Geology Report (Global And Site Specific): The report shall include, but is not necessarily limited to, identification and mapping of the location of major geographic and geologic features such as fault traces, surface ruptures, zones of deformation, potential slide and other high hazard areas such as mine shafts and avalanche paths, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, recommendations covering the adequacy of sites proposed for development, and any potential adverse impact on the natural environment. This report shall be completed by a geotechnical engineer or an engineering geologist. The geotechnical report shall contain a certification in accordance with section 18.30.090 of this code.
The geotechnical investigation shall include soil borings extended to a depth sufficient to define the soil stratigraphy, water table and other features within the zone of significant stress of the proposed structural footings of the proposed development. If the development needs evaluation of slope stability then the soil borings will extend deep enough to define all soil layers in the zone of possible slippage.
If published geologic maps show possible faults in the area or a surface geologic examination reveals signs of faulting then the geotechnical investigation will be supplemented by trenching in addition to the soil borings. The trenches will be so located as to intercept the apparent fault at a perpendicular angle to the trend of the fault. The trenching will extend a minimum of twenty feet (20') each side of the located fault. Developments of two (2) acres or more will require at least two (2) trenches to define the fault. One trench will be approximately where the fault enters the property and the other where it leaves the property. The trenches will be excavated to a depth that will define the fault and allow physical observation and measurement to be taken.
2. Soils Report: The report shall include, but is not necessarily limited to, information with respect to slope analysis, general soils classification, suitability for development, erosion potential, any recommendations for proposed methods of mitigating any constraints determined to be present as part of the development plan, and any adverse impact on the natural environment.
3. Stormwater, Grading And Drainage Plan: The plan shall include, but is not necessarily limited to, information on groundwater levels, identification and mapping of drainage channels and systems, floodplains, existing details and contours where modification of terrain is proposed, the direction of proposed drainage flow, proposed plans and the location of all surface and subsurface drainage devices to be constructed as part of the proposed development, erosion control measures during the course of construction, identification of any grading and drainage problems such as the alteration of natural drainage patterns and any other problems of the proposed development, and a plan to mitigate or eliminate such problems and any adverse impact on the natural environment.
4. Natural Conditions And Vegetation Analysis And Preservation Plan: This report and plan shall include a survey of existing trees, large shrubs and ground covers, a plan for the proposed revegetation of the site, detailing existing vegetation to be preserved, new vegetation to be planted and any modifications to existing vegetation, and the identification of any vegetation problems and recommendations as how to mitigate or eliminate such problems and avoid potential adverse impact on the natural environment.
The scope and content of these required technical reports and plans shall be in accordance with city standards. The planning commission, subject to the prior recommendation of the city engineer, may waive the necessity for submitting one or more of the technical reports or any elements of a report where, in its opinion, conditions associated with the proposed development do not require consideration of the subject matter covered. Also, where the lot is contained within an approved subdivision and the technical reports previously submitted as part of the subdivision approval process are sufficient in scope and detail to adequately address the issues required under this chapter, this requirement may be waived. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016)
1. Arterial And Collector Streets: Where the area of a proposed subdivision includes any arterial or collector class streets, as shown on the transportation master plan , the subdivision plan shall incorporate such streets in the location shown on the transportation master plan and the approval of the final plat shall include the dedication of the right of way and its improvement in accordance with the applicable city standards.
2. Major Local, Minor Local and County Lane: Where the area of a proposed subdivision includes any major class streets, as shown on the transportation master plan , the subdivision plan shall provide for such streets in the approximate location shown and the approval of the final plat shall include the dedication of the right of way and its improvement in accordance with the applicable city standards. Locations of minor local and country lane streets may vary from the locations shown on the master plan but must be approved as part of the plat approval process.
C. Access To Adjacent Properties: In order to facilitate the development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent vacant properties, the city may, as a condition of approval, require the subdivision plan to include one or more temporary dead end streets (stub streets) which extend to the boundary of the subdivision. All such stub streets shall be fully developed to the boundary of the subdivision. Any plan for the subsequent development of the adjacent property shall provide for the continuation of any such stub street.
D. Temporary Dead End (Stub Streets): Where a final plat includes a dead end stub street which is intended to be continued into adjacent property in the future and which serves as the primary access for one or more adjacent lots, said final plat shall make provision for temporarily accommodating vehicular movement and the extension of utility services by designating temporary cul- de-sacs, turnaround areas, travel easements connecting the end of the stub street with other streets in the vicinity or such other temporary measure as may be approved by the planning commission. Such temporary facilities required pursuant to this provision shall remain until such time as the street has been extended into the adjacent property and the improvements accepted by the city. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021)
A. The minimum width of right of way for streets shown on the transportation master plan plan shall conform to the width shown on the applicable street cross section correlating with the street type as designated on the master plan and/or based on the approved street cross sections for the subdivision. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016)
A. As part of the preliminary plat review process, if approved by the planning commission , the curb, gutter, and sidewalk improvements otherwise required may be modified and specifically tailored to more effectively achieve the policies, goals, and objectives of Mapleton City. The modification shall be consistent with appropriate engineering measures to protect public safety and shall be made after the recommendation of the DRC . (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021)
17.12.050: STREETS AND ROADS; DESIGN STANDARDS:
A. Street Intersection: Streets shall intersect each other as nearly as possible at right angles. Minor streets shall approach the major or collector streets at an angle of not less than eighty degrees (80°). Offsets in street alignment between fifteen feet (15') and one hundred fifty feet (150') shall be prohibited.
B. Street Grades: The minimum grade of any street shall be 0.4%. The maximum grade of any street in the subdivision shall be eight percent (8%) unless the street design has been approved by the city engineer based on site specific constraints. In no case shall the city engineer approve a street grade in excess of twelve (12%).
C. Street Curves: Where the street lines within a block deflect from each other at any one point more than ten degrees (10°), there should be a connecting curve. The radius of the curve for the street centerline be not less five hundred and ten feet (510’) for arterial streets, than three hundred fifty feet (350') for collector class streets, two hundred feet (200') for local streets.
D. Curbs: Where curbs are required said curbs at intersections shall be rounded with curves having a minimum lip of curb radius of fifteen feet (15') for local streets, and twenty five feet (25') for collector and arterial streets. Property lines at street intersections shall be parallel to the curve where necessary to fit the curb radius.
F. Cul-De-Sacs: Cul-de-sacs shall be discouraged. Cul-de-sacs may be appropriate in cases where the possibility of future adjacent development does not exist due to topography or existing development, where an additional through street would be unnecessary, or other special circumstances as determined appropriate by the land use authority . When permitted, permanent cul-de-sacs shall be designed in accordance with adopted standard drawings, each cul-de-sac stem shall meet the standard street requirement including right of way, pavement width, gutter, curb, and sidewalk within residential subdivisions. The minimum pavement diameter in a cul-de-sac shall be ninety feet (90'). Cul-de-sac returns shall have a minimum lip of curb radius of twenty five feet (25').
G. Easements: Public utility easement shall be required along all sides of each lot to allow for poles, wire, conduits, storm or sanitary sewers, gas and water mains, and other public utilities. They typical width of public utility easements shall be ten feet (10'), however these may be adjusted by the city engineer based on need.
H. Road Edge Curbing: All Mapleton City streets shall be curbed unless specified by the city engineer. Consideration shall be given to the transportation master plan, nature of the zone and adjacent properties when determining whether high back (Type E), low back (Type H) or no curbing will be required.
I. Street Thickness: All Mapleton City streets shall be hard surfaced (asphalt) with a minimum of three inches (3") bituminous coat even with the lip of the curb applied over eight inches (8") of untreated road base consistent with the Mapleton City standard plans . The minimum may be increased based on recommendations of the site specific geotechnical report. In addition, the developer shall be required to pay a fee to be determined by the City Engineer, for a seal coat to be applied one to three years after development. The City will then be responsible for the application of the seal coat.
L. Where street design standards are not specified in the Mapleton City Municipal Code, street design shall conform to the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets." Other published professional standards, i.e. ITE, ASCE, may be considered at the sole discretion of the City Engineer. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021; Ord. 2021-22, 9-15-2021; Ord. 2022-10, 9-21-2022)
5. A note on the plat shall be included indicating that Mapleton City has no responsibility to improve or maintain the private streets contained within, or private streets providing access to, the property described in the plat, nor does the City have responsibility for any of the infrastructure associated with the roadway such as sidewalks, drainage facilities, streetlights, curbs, and/or landscaping.
A. Building Sites: The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, be properly related to topography and conform to requirements set forth herein. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage which would be unusable for normal purposes.
F. Multiple Ownership Of Lots: Where the land covered by a subdivision includes two (2) or more parcels in separate ownership and the lot arrangement is such that a property ownership line divides one or more lots, the subdivision shall be considered as a joint project and the final plat shall be signed by all affected property owners.
H. As part of the building permit application for each lot, a lot specific soils report shall be submitted to ensure that the soils are suitable for construction and to identify the high water mark in areas with a high water table.
The following minimum standards shall apply to all proposed multi-family and specific development plan (SDP) zone projects. This section may apply to other zones and developments as dictated by a development agreement prior to the rezoning of a property. Additional design standards may be added during the execution of a development agreement.
2. The developer/builder shall provide Mapleton City with no less than five (5) different home designs with differing exterior elevations, rooflines, colors and materials. Exceptions shall be granted if the lots or pads are sold to individuals who will build custom homes. If the lots are purchased by one builder or multiple builders who have purchased a "block" of lots or pads, then these design standards shall apply.
F. Garages shall not be the main feature of the home. Garages shall either be detached to the rear of the home, set back from the facade of the home, flush with the home, or extended out from the home no more than four feet (4'). Garages may be located off of an alleyway in the rear of the home. Said alleyway may only be allowed as part of the overall design, and shall be sufficient to allow for one-way traffic, or two-way traffic if the alley does not connect to another public street.
G. Carports shall only be allowed in the SDP zone, but shall not be permitted in front of the building. Therefore, it is the intent of this section to have carports, for attached buildings only, located in back of the home or building. Other appropriate locations may be permitted by the administrative land use authority.
1. The front elevation of every building shall face a street or small park or be visible and directly accessible from a street. Where units are across the street from a park, the front elevation shall face the park. Rear yards which occur along local or collector streets shall be buffered by nonsee-through barriers of a permanent structure with a minimum of six feet (6') in height pending compliance with a fencing ordinance.
CHAPTER 17.14
PUBLIC WORKS DESIGN STANDARDS
PUBLIC WORKS DESIGN STANDARDS
A. The improvements hereinafter set forth shall be required to be constructed for all areas shown on the final plat and at all off site locations designated at the time of final approval. All subdivision improvements shall meet minimum city standards and specifications as directed by the city engineer.
2. A performance guarantee and a durability bond securing the installation of any required improvements shall be submitted to the City in accordance with the provisions of chapter 17.20 of this title prior to recording of the final plat at the Office of the County Recorder. The following requirements apply to this option:
2. If multiple lots are proposed on an existing street that does not include curb, gutter and sidewalk within six hundred sixty feet (660') of the proposed lots, the applicant may request a waiver from the installation of these improvements. The waiver may be granted for only existing streets designated as "minor local" or "major local" according to the current Mapleton Transportation Plan. New streets to be constructed within the project area are not eligible for a waiver. The waiver must be approved by the final decision-making body reviewing the preliminary plat. In granting the waiver, the decision-making body should consider the development potential of other properties within six hundred sixty feet (660').
All streets within and adjacent to the subdivision shall have been previously conveyed to the City by deed or dedication or shall be shown on the final plat for dedication to the City for street purposes. All streets shown on the final plat for dedication to the City shall conform to the minimum standards for both street right-of-way width and street improvements for the entire width of street, except that the administrative land use authority may accept the dedication and/or improvement of a partial width street provided:
B. That the width of right-of-way of the proposed partial street shall be not less than one-half (1/2) of the total width for the class of road, plus an additional seven feet (7') of width or twenty feet (20'), whichever is greater. Where a new development is completing a partially completed road, the applicant will be responsible to install new pavement to the proposed centerline of the road. This may be achieved by reconstructing the paved surface using Mapleton City Standards or with a two inches (2") grind and overlay;
A. The subdivider shall be responsible for installing all off site and on site water mains necessary for the proposed subdivision. All on site mains shall be installed in such a way that each lot may be served therefrom. All mains shall extend to the boundaries of the subdivision. Dead end lines may not be approved unless in the exception of a cul-de-sac or stub to adjacent development for future connection.
B. All water mains shall be sufficient in size to provide a volume of flow and level of pressure adequate for culinary use (in accordance with State and City standards) and fire protection purposes, provided, that no water main shall be less than eight inches (8") in diameter. Proposed sizes and locations of water mains shall be consistent with the Mapleton City Water Resources Master Plan.
C. Water service laterals shall be installed to each lot from the main line to the outer edge of any road proposed to be dedicated to the city. The service laterals shall be not less than one inch (1") diameter and shall consist of: 1) the corporation stop adjacent to the main line, 2) the lateral pipe running from the main to the edge of the adjacent lot, and 3) the stop and waste valve, meter box and meter setter located in the park strip where applicable or other location specified by the city engineer.
F. Prior to final plat approval, the project plans shall be submitted to the city engineer or designee to be included in the city's water model. Based on the water model results, the applicant may be required to make system upgrades to ensure reliable water service. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021)
A. The subdivider shall be responsible for installing all on site pressurized irrigation mains. If an existing pressurized irrigation main lies within six hundred (600) linear feet of the subdivided property, following the course of any city street the subdivider shall also be responsible to install off site mains and to connect them with the existing pressurized irrigation main. All mains shall extend to the boundary of the subdivision.
C. Pressurized water service laterals shall be installed from the main irrigation line to the lot line proposed. The service laterals shall be not less than one inch (1") in diameter and shall consist of: 1) the corporation stop valve adjacent to the main line, 2) the lateral pipe running from the main to the edge of the adjacent lot, 3) the corporation valve, meter box and meter setter located in the park strip where applicable or other location specified by the city engineer. The corporation stop valve adjacent to the main line is part of the city's pressurized irrigation system, and may not be accessed, or used by the property owner without prior approval of the city.
A. The subdivider shall be responsible for installing all off site and on site sewer mains necessary for the proposed subdivision and consistent with the Mapleton City Wastewater Master Plan. All on site mains shall be installed in such a way that each lot may be served therefrom. All mains shall extend to the boundaries of the subdivision and should terminate in a manhole.
The subdivider shall be responsible for the installation of a two inch (2") conduit across the frontage of each lot for future city use as well as fiber pedestals as indicated on the final approved fiber plans. The requirements for installation, trenching, backfill, and materials shall be identified in the Mapleton City Construction Standards and Specifications as maintained by the city engineer. (Ord. 2020-12, 10-7-2020; amd. Ord. 2021-17, 7-7-2021)
2. Pipes, sumps and other facilities for the collection and disposal of stormwater shall be installed where required by the city. The location, size, and design of said facilities shall be in accordance with the city's stormwater disposal plans and standards or as directed by the city engineer and shall be designed for the one hundred year (100) flood.
D. Other: Where applicable, other adverse environmental conditions must also be eliminated or adequately accommodated. The additional conditions shall include, but not be limited to, seismic, landslide, groundwater, and noise or blasting impact. (Ord. 2016-01, 5-18-2016, eff. 6-16-2016; amd. Ord. 2021-17, 7-7-2021)
A. Water Rights Dedication And Conveyance Requirements: Any applicant requesting approval ("applicant") for a development, subdivision, annexation, or any other new connection to the city's culinary or secondary water system ("development"), which increases the need for water service from the city, shall dedicate and convey to the city water rights ("water rights"), in a sufficient quantity and type to satisfy the anticipated culinary water and secondary irrigation water needs of the proposed development. Satisfaction of this water rights dedication section and the accompanying conveyance requirements shall be a condition precedent to and requirement for approval of all development applications.
2. With respect to the water to satisfy the culinary needs of the proposed development, the water must be legally authorized to be diverted from city's municipal wells or other sources of municipal water supply, on a year round basis, for municipal and industrial purposes in the entire service area of the city ("municipal rights").
4. A change application is required if a change in the nature of use, point of diversion, period of use, or place of use of water rights or shares is necessary to meet the dedication requirements of this section. The City may deny a request for a change application at its discretion. If a change application must be filed with the Utah division of water rights to make any water right or share able to meet the dedication requirements herein, the following shall apply:
b. If an applicant is submitting water shares from inside the area from an acceptable source, as determined by the city engineer, prior to the recording of a final plat the applicant shall either process a change application or submit the shares in the name of Mapleton City in a sufficient amount to meet the requirements outlined in subsection B5 of this section after any reduction which the state engineer may require to be returned to the hydrologic system. The applicant shall submit a fee to the city based on the most current fee schedule adopted by the city council for the city to process a change application to convert the shares to municipal use.
(1) Inside Residential Use: The amount of water rights to be conveyed to provide an adequate supply of water for inside residential use based on the needs of the development, shall be 0.30 acre-feet per residential unit for townhomes, condominiums or other multi-family units, and 0.35 acre-feet per unit for single family detached units..
(2) Industrial And Other Municipal Uses: The amount of water rights to be conveyed in order to provide an adequate supply of water for industrial and other municipal uses based on the needs created by the development, shall be determined by the city engineer on a case by case basis according to the anticipated demand of the development.
b. Water Rights For Outdoor Secondary Irrigation Uses: The amount of water rights to be conveyed to provide an adequate supply of outdoor secondary irrigation water based on the needs of the proposed development, shall be 2.5 acre-feet per maximum potentially irrigable acre within the proposed development. The maximum irrigable acreage shall be determined by deducting the maximum allowed building coverage allowed in the zone in which the development is proposed from the total lot size of each lot included in the project area. Any common open space or conservation easement property shall also be included in the irrigable land when calculating the water dedication requirement. The City may require applicants that are developing within any pressure zone above zone one as identified in the Water Resources Master Plan to purchase water from the City from the City’s Utah Lake Drainage Basin Delivery System (ULS) allocation. The purchase amount shall be set in the adopted fee schedule.
C. Approval Of Water Rights By The City: Water rights proposed by the applicant to be dedicated to the city must first be reviewed and formally accepted by the city. Prior to acceptance of such water rights, the city shall evaluate the rights proposed for conveyance based on any relevant criteria, and may, in its sole discretion, refuse to accept any water right, water company share, or water interest as enumerated in subsection B of this section which it determines to be: 1) defective with respect to legal title, 2) insufficient with respect to annual quantity, priority, reliability, or flow rate, 3) unsuitable for municipal use, 4) not reasonably likely to be approved for change by the state engineer for municipal and secondary irrigation purposes within the entire service area of the city, or 5) defective in any other respect that makes the water rights unusable by the city to deliver water to the development. The city's refusal to accept a proposed water right shall not constitute a waiver of, and shall not relieve the applicant from its obligation of complying with the requirements of this section as a condition to development approval.
1. Subsequent to review and approval of the water rights proposed to be dedicated by applicant to the city, the developer shall convey the water rights to the city, without cost, by deed, assignment, water dedication agreement and/or such other applicable and appropriate instrument of conveyance in form and substance as shall be approved by the city.
Bonding shall be required for all landscaping improvements prior to obtaining a building permit or commencing work on any project where landscaping is required by this title. Bonds shall be subject to the requirements as outlined in the adopted Mapleton City bond form.