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A. Specified: The owner of any land to be subdivided shall be required to install or guarantee the installation of the following improvements, under the specifications and inspection of the director of public services:
1. Land for the entire width of the streets shall be dedicated by the subdivider. The subdivider shall provide all the street grading and surfacing for all streets, the right of way for which is sixty six feet (66') wide or less. The subdivider shall provide street grading and surfacing forty six feet (46') wide on streets, the right of way for which exceeds sixty six feet (66') in width;
2. Curbs and gutters;
3. Sanitary sewers, including laterals to the property lines of each lot;
4. Street drainage and drainage structures and surface and storm drainage structures;
5. Water lines, including laterals to the property line of each lot;
6. Fire hydrants;
7. Sidewalks;
8. Street name signs and traffic control devices;
9. Substantial fence not less than five feet (5') in height on both sides of existing irrigation ditches or canals which will carry five (5) second-feet or more of water and which are located within or adjacent to the subdivision;
10. Bridges and culverts as may be needed for ditches, drains or canals, for the width of the street right of way, but not more than sixty six feet (66') for any one bridge or culvert;
11. Water facilities adequate to provide a minimum culinary water service level of fifty pounds per square inch (50 psi) at the individual meter for each residential lot; provided, that no new water facilities shall be approved that would diminish the service level to surrounding properties.
12. When an enhanced median is required, land for the entire width of the median shall be dedicated by the subdivider. The subdivider shall install all infrastructure and landscaping improvements for the enhanced median (median curb and gutter, median pavement, grading, drainage structures, required landscaping, irrigation). The landscaping plan for such median shall be approved by the planning commission. In developing and approving the landscaping plan, as much existing natural vegetation as possible should be retained in the median, and where new plantings are required, low water/low maintenance plant materials should be used. The subdivider shall be reimbursed for such median costs as follows:
a. One hundred percent (100%) of the fair market value of the dedicated land;
b. One hundred percent (100%) of the actual cost of drainage structures within the median; and
c. Eighty five percent (85%) of the actual cost of the remaining median improvements.
The reimbursements provided herein shall not be in addition to any reimbursement which would otherwise be required under subsection A1 of this section.
13. Street lights in new subdivisions which propose the construction of a street to be dedicated to the public or which proposes lot access to existing City streets, subject to the following:
a. The street light design shall be approved by the appropriate power provider and the subdivider shall pay the power provider the appropriate cost for materials and installation.
b. Lighting fixtures shall be mounted a minimum of sixteen feet (16') above the ground. For subdivisions with street trees, fixtures shall be mounted a maximum of fourteen feet (14') above the ground. The city engineer, in addition to other requirements in the engineering standards, may require a light to be located at the following areas:
(1) Street intersections within the subdivision;
(2) Half block street intersections;
(3) Cul-de-sacs;
(4) Horizontal or vertical bends in the roadway;
(5) Parking lot entrances and exits; and
(6) Bridges.
B. Water And Sewer Lines: Water and sewer lines and laterals shall be installed prior to the surfacing of the street.
C. Permit Required; Fee: Minimum standards of design and specifications for materials and construction for the improvements listed in subsection A of this section shall be prepared and approved by the city engineer and filed in the city recorder's office before becoming effective. A permit shall be obtained from the city engineer before the construction starts on any of these improvements. The permit and inspection fee shall be thirty dollars ($30.00) per lot, which fee shall be paid by the subdivider.
(1979 Code § 17.20.060; amd. Ord. 91-52, 12-19-1991; Ord. 96-43, 8-27-1996; 1999 Code; Ord. 99-18, 4-6-1999, eff. 4-17-1999; Ord. 2002-62, 10-22-2002; Ord. 2004-18, 5-18-2004; Ord. 2004-39, 6-15-2004, eff. 7-1-2004; Ord. 2005-49, 7-26-2005; Ord. 2010-16, 5-4-2010; Ord. 2020-41, 9-15-2020)
A. In lieu of actual installation of the improvements required by this chapter prior to the approval and recordation of the final plat, the mayor, or the mayor's designee, may permit the subdivider to enter into an agreement by which the subdivider agrees to complete all required improvements no later than two (2) years following the approval of the plat and subdivision. The subdivider shall covenant to maintain each required improvement until inspection and acceptance by the city engineer and also shall warrant that all required improvements will be free from defect for a period of twelve (12) months from the date of final inspection and acceptance. The agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs, and assignees of the subdivider. The subdivision improvement agreement shall contain such other terms and conditions required by the mayor, or the mayor's designee, and shall be approved as to form by the city attorney.
B. Whenever a subdivider is permitted under subsection A of this section to enter into a subdivision improvement agreement, the mayor, or the mayor's designee, shall require the subdivider to provide a financial guarantee for the completion and warranty of the required public improvements by one of the methods specified as follows:
1. The subdivider may furnish and file with the city recorder an irrevocable letter of credit agreement approved by the mayor, or the mayor's designee, together with an irrevocable letter of credit issued by a federally insured bank or savings institution, in an amount equal to one hundred percent (100%) of the cost of the improvements not previously installed as estimated by the city engineer, conditioned for the installation of such improvements within a period of two (2) years immediately following the approval of the plat and subdivision by the mayor, which agreement and letter of credit shall be approved by the city attorney as to form, and shall be filed with the city recorder.
2. The subdivider may deposit in escrow either with the city or with a federally insured bank or savings institution, approved by the mayor, or the mayor's designee, as a third party depository, an amount of money equal to one hundred percent (100%) of the cost of the improvements not previously installed as estimated by the city engineer, as stated in subsection A of this section, under an escrow agreement conditioned for the installation of said improvements within two (2) years from the approval of the plat and subdivision by the mayor. The escrow agreement shall be approved by the mayor, or the mayor's designee, and by the city attorney as to form and shall be filed with the city recorder.
C. The city shall release the financial guarantee, or portions thereof, upon request of the subdivider under the following conditions:
1. A request is not made more frequently than every thirty (30) days;
2. The request is for a completed system that has been inspected and accepted by the city; and
3. All required improvements are warranted by the subdivider for one full year after final inspection and acceptance. The city shall, as a warranty assurance, retain a portion of the financial guarantee, or receive from the subdivider a separate financial guarantee, equal to:
a. Ten percent (10%) of the required improvement costs under the financial guarantees until twelve (12) months from the date of final inspection and acceptance; or
b. Ten percent (10%) of the actual improvement costs if the developer provides the city with receipts or other evidence of actual cost deemed satisfactory by the city engineer until twelve (12) months from the date of final inspection and acceptance.
D. The mayor may waive the financial guarantee requirement for improvements required to be installed by the Ogden City redevelopment agency as the owner and subdivider of property; provided that the city and the agency have entered into a subdivision improvement agreement.
E. No subdivision improvement agreement or financial guarantee shall be required for property owned and subdivided by the city, except as may be necessary to provide for the obligations of parties other than the city.
(Ord. 2013-35, 6-25-2013)
The mayor is authorized to prescribe, by administrative rule or regulation filed for record with the city recorder, forms and procedures to ensure the orderly, regular and efficient processing of applications for the approval of a proposed subdivision and the strict compliance with the requirements of this title.
(1979 Code § 17.20.090; amd. Ord. 91-52, 12-19-1991; 1999 Code)
Whenever the subdivider develops a subdivision a portion at a time as contemplated by any provisions of this chapter, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all of the said improvements will be made available for the full, effective and practical use and enjoyment thereof by the lessees or grantees of any of the lands subdivided, within the time specified in this chapter.
(1979 Code § 17.20.100)
In the event any part of the periphery of the subdivision consists of an established public street and because of the condition of the surfacing, grade or other physical characteristics of that established street, the mayor determines the installation in that established street of either the street surfacing or the curb and gutter or both of said improvements, as required by this section, will result in adversely affecting the surfacing, drainage or safe usage of that established street, the mayor may:
A. Bond: Require the subdivider, by bond or otherwise as allowed in sections 14-3-7 through 14-3-9 of this chapter, to provide for the installation of said curb and gutter or street surfacing or both at such time as they can be installed without adversely affecting the surfacing, drainage or safe usage of the established public street up to a maximum of ten (10) years after date of subdividing; or
B. Release: Release the subdivider from the obligation to install the curb and gutter or street surfacing, or both, in that established street. No release will be made except in writing, consented to by all owners of the land in the subdivision abutting the established street involved. The release shall be recorded in the records of the county recorder at the subdivider's expense.
(1979 Code § 17.20.110; amd. Ord. 91-52, 12-19-1991)