10-9a-604.5 - Subdivision plat recording or development activity before required improvements are completed -- Improvement assurance -- Warranty.
10-9a-604.5. Subdivision plat recording or development activity before requiredimprovements are completed -- Improvement assurance -- Warranty.
A land use authority may allow a land use applicant to proceed with subdivision platrecording or development activity before completing improvements required as a conditionprecedent to subdivision plat recording or development activity if:
(1) the land use authority requires an improvement assurance that provides for:
(a) an improvement assurance warranty for a period of up to:
(i) one year after final acceptance of the improvement or warranty work; or
(ii) two years after final acceptance of the improvement or warranty work, if themunicipality:
(A) determines for good cause that a lesser period would be inadequate to protect thepublic health, safety, and welfare; and
(B) has substantial evidence of:
(I) prior poor performance of the applicant;
(II) unstable soil conditions within the subdivision or development area; or
(III) extreme fluctuations in climatic conditions that would render impracticable thediscovery of substandard or defective performance within a one-year period; and
(b) a partial release of the improvement assurance, if appropriate; and
(2) the land use authority establishes objective inspection standards for final acceptanceof the required improvements.
Enacted by Chapter 112, 2008 General Session