17.130.100 Subdivision infrastructure improvements required

17.130.100 Subdivision infrastructure improvements required.

1. The owner of any land to be platted as a subdivision shall at his expense install the improvements referred to in this section prior to recording the final plat, or guarantee the installation of such improvements according to the specifications and under the inspection of the city.

1. The city may require developers to contribute to the costs of infrastructure previously installed by the city or another developer that represents project improvements that would normally have been required of the new development. The costs of the infrastructure shall be determined by the city engineer and shall take into account, among other elements and variables, the cost of the design and construction of the improvements and the amount of impact fee credit that may apply.

2. In the event that impacted infrastructure was installed by a developer, the city shall collect from the impacting developer the appropriate contribution as determined by the city engineer and forward such to the developer responsible for the original installation. Payment shall be made prior to recording the plat. If a plat is not required for a project, payment shall be made before building permits shall be granted. If a developer desires to be reimbursed for infrastructure, then they shall make a written request to the city to enter into a payback for improvements agreement. The city council shall adopt the agreement by resolution. No reimbursement shall be required after 20 years from the date of the resolution unless otherwise specified in the payback for improvements agreement and resolution.

a. In the event that impacted infrastructure was installed by the city, the city council shall pass a resolution allowing the city to recoup the costs of the infrastructure from the impacting developers. The city shall collect from the impacting developer the appropriate contribution as determined by the city engineer based on a formula and calculations established in the West Point public works standards. Payment shall be made prior to recording the plat. If a plat is not required for a project, payment shall be made before building permits shall be granted. No reimbursement shall be required after 20 years from the date of the resolution unless otherwise specified in the resolution.

1. The subdivider shall install culinary water lines, including laterals to the property line of each lot. The developer shall at his expense install all off-site culinary water to connect his development with existing city systems. This shall include water meters, boxes and covers, and valves. These off-site lines shall be installed in accordance with the public works standard specifications and drawings, and shall be dedicated to the city. All construction plans showing pipe locations must be submitted to and approved by the city engineer. Subdivision improvement plans shall show the location and size of proposed water lines and fire hydrants and also existing water lines to which a connection is to be made. The city engineer shall determine, based on a formula and calculations established in the West Point public works standard specifications and drawings and coordination with any special districts, the adequacy of the existing water system to provide culinary water and fire protection to the lots in the subdivision.

2. Backflow prevention devices (reduced pressure backflow preventers) shall be installed by the developer in accordance with the requirements of the plumbing code. Such devices may be inspected annually by the city public works department.

3. The entire system must meet the standards of and be accepted by the city. Service lines to the property line, meter, meter box and cover will be furnished and installed by the developer.

a. Fire flow provided shall meet the standards of the International Fire Code for the proposed building types.

b. For all occupancies, fire hydrants shall be provided by the developer in accordance with the International Fire Code. Fire hydrants shall be installed in accordance with the public works standard specifications and drawings. Such fire hydrants shall be of the type, size, and number and installed in such locations as determined by the fire district and the city engineer. Fire hydrants or blow-offs shall be provided at all dead-end lines as specified by the city engineer.

c. The fire protection pipelines shall be used only for the purpose of fighting fires or for testing the fire protection systems. No cutting, tapping or connections of any type shall be permitted on the fire protection pipelines without the prior written approval of the city engineer.

5. The location of all culinary water improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

6. If an approved public water system is within 300 feet of a proposed building lot or development, it must be connected to the public water system. Domestic water supply shall comply with the county board of health requirements as represented by a certificate of approval from said board of health in all applications for a building permit where an approved supply of piped water under pressure is not available.

1. All subdivisions and developments shall be served by secondary water. This includes, but is not limited to, residential, institutional, industrial, commercial, and multifamily subdivisions.

2. All secondary water mains shall be sized and approved by the Davis and Weber Counties Canal Company (D.W.C.C.C.) engineer or other designated engineer and the West Point city engineer.

3. The developer shall extend the pressure irrigation system and provide appropriate connections for the development site concurrent with construction of other site improvements.

4. The developer shall comply with all the requirements of the pressure irrigation provider and furnish proof thereof to the city.

5. The location of all secondary supply improvements shall be shown on the preliminary and final subdivision plans. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

1. Due to the need of providing secondary and culinary water for subdivision development, the subdivider shall convey or otherwise make available to West Point City or its designee water rights that are usable by and acceptable to West Point City, to be distributed for secondary and culinary water uses. In those areas, outside of the West Point City water system water shares will only be collected for secondary water uses.

2. The amount of water required and the methodology for calculating the amount of water required may be adjusted by resolution adopted by the West Point City council from time to time.

3. In the event there are no owner water rights on the property to be developed, the developer shall obtain and convey to West Point City water rights acceptable and usable by the city.

4. Secondary water may be purchased from Weber Basin Water Conservancy District (WBWCD) through the trilateral agreement.

5. If the developer is unable to acquire water shares on the open market to satisfy the culinary water requirement, then West Point City at its option may allow the developer to pay a fee to the city and the city may allocate water that is under contract with WBWCD to the project. The fee for the culinary water will be according to the fee schedule adopted by the city council and may be adjusted by resolution adopted by the West Point City council from time to time.

6. For single lot subdivisions or existing building lots not included in the boundaries of a subdivision, the developer or builder may pay a fee to the city in accordance with subsection (E)(5) of this section; however, the approval of such shall be granted by city staff. The fee for culinary water associated with a single lot subdivision shall be equivalent to that specified in the fee schedule for a 12,000-square-foot lot.

7. If any commercial property is rezoned to residential use such property shall be subject to and meet the requirements of subsection (E) of this section prior to approval of any residential development.

8. The requirements of this subsection (E) shall become effective on and after April 6, 2004. Such requirements shall apply to all applications submitted for preliminary plat approval after said date.

9. Any developer who has entered into an agreement, prior to the date of April 6, 2004, with the D.W.C.C.C. and/or Weber Basin Water Conservancy District concerning the dedication of water, that was customarily used on the property to be developed, sold to either of those companies, may apply those shares to any obligation they may develop in the future concerning the final plat approval.

10. It is unlawful for any person, without specific authority of the city, to open or close any gate valve or other fixture attached to the system of water supply, or in any way to injure, deface or impair any part or appurtenances of the culinary water system.

1. Where a subdivision is within 300 feet of a public sanitary sewer, the subdivider shall connect with such sanitary sewer and provide adequate lateral lines to the property line of each lot. Such sewer connections and subdivision sewer systems shall comply with public works standard specifications and drawings and the regulations of the sewer district. The said sanitary sewer must be installed within the development prior to the installation of any other improvements. The city engineer must approve all plans for sanitary sewer extensions prior to issuing a building permit.

2. Developments within the service area created by the sewer impact fee facilities plan and impact fee analysis (adopted by Ordinance 12-7-2021A) shall be required to install project sewer pipelines and laterals to each lot within the development. The sewer pipelines shall connect to the system sewer lines shown in the impact fee facilities plan. If the system sewer lines are not available at the time of development, the developer shall be required to install the project sewer lines and laterals as dry lines for future connection. The depth of the dry lines shall be determined by the city engineer.

3. The location of all sanitary sewer improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

1. The city shall require the subdivider to dispose of storm water and surface drainage. If easements are required across abutting property to permit drainage of the subdivision, it shall be the responsibility of the subdivider to acquire such easements. A storm drainage master plan has been prepared and is maintained by West Point City and Davis County. The developer shall implement the portion of that plan applicable to the development by:

a. Preparing a detailed drainage plan for the development which is acceptable to the city.

b. Making sufficient improvements, such as storm drains, cross gutters, catch basins, inlets, and other appurtenant structures, to adequately dispose of 10-year-frequency storm runoff within the development and from adjacent properties. Storm drains shall be not less than 15 inches in diameter and meet city standards and specifications.

c. Providing for restriction of the runoff from the development to 0.20 cubic feet per second per acre per 10-year-frequency rainfall event through one or more of the following, at the direction of the city:

i. Conveyance (including easements) of the runoff to a regional detention site and paying the development’s proportional share of the cost of the regional detention facility and conveyance to the main channel; or

ii. Dedicating land and constructing regional detention within the development and conveyance to a main channel if said development contains a proposed detention site. The developer will be compensated for the cost of the regional detention and conveyance to a main channel which is not the proportional share for the development; or

iii. If the development is within a subdivision that has fulfilled the controlled release requirements, complying with the storm drainage requirements of the subdivision.

iv. If the development is within 100 feet of a main channel, complying with all Davis County flood control requirements and being approved by Davis County and determined by the city engineer.

a. The city engineer shall require the preservation of space within a subdivision for the placement of a storm water detention facility according to the storm water master plan. All detention ponds shall have an outlet. Retention ponds with no outlet that are intended to hold water until the water evaporates or percolates into the soil are not allowed. The amount required to be retained on site for SWPPP and LID requirements shall not be retained for more than 24 hours. If it is determined that the water will be retained longer than 24 hours, the retention requirement shall be deemed infeasible.

b. The owner of record of such detention facility, retention facility, or pond shall be responsible for its landscaping and perpetual maintenance.

c. Such landscaping shall be prescribed by the city engineer to include, at a minimum, grass with sprinklers or a xeriscaping plan approved by the planning commission. Sprinkling systems shall be installed in accordance with specifications provided by the city.

d. Detention landscaping shall be accomplished according to the West Point public works standards prior to the occupancy of any homes in the subdivision. If for weather-related reasons landscaping cannot be installed, the city engineer may grant a single extension of time for up to 12 months.

e. All detention ponds shall adhere to a maximum of 3:1 side slopes, providing a seven-foot landscaped lip or level area surrounding the facility. The city shall require fencing of detention ponds exceeding a depth of five feet.

f. The city reserves the right and intention to accomplish landscaping of detention facilities if the developer fails to fulfill the requirements of this section prior to occupancy of any homes. In such circumstances, the city may contract for such landscaping and then bill the costs back to the developer, plus an administrative charge of not less than $500.00.

1. Yard Drainage. Drainage plan shall show existing and proposed contours of the entire site along with proposed elevations of all corners of each lot. The plan must clearly indicate that each lot will drain to the street or to a storm water collection box without discharging water to an adjacent lot or property, unless a drainage easement is provided. If the grading plan will not allow water to properly drain from the rear yard, then a storm drain/land drainpipe and collection box(es) shall be installed to convey the water to an approved storm drain. Surface drainage paths shall have a minimum of two percent slope.

2. Street Drainage. Drainage structures may be required by the city where necessary, based on system analysis and regional needs.

3. Land Drainage. Dedicated, solid pipe land drains shall be constructed and located in the street where required according to Chapter 15.16 WPCC.

4. The location of all storm drainage, land drainage, and yard drainage improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

1. Open ditches shall be piped within the subdivision. If the ditch is owned by a ditch company or a landowner has rights to water running through the ditch, then the city will work with the appropriate party to determine the size and type of pipe to be placed. If no company or individual can prove their rights to the ditch, then the city engineer will determine the appropriate size, type, and length of ditch to be piped. Some ditches that are presently piped may be required to be relaid to meet city standards. In some cases, ditches may be abandoned.

2. The location of all irrigation improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

3. All existing gravity irrigation ditches or existing field drains within the boundaries of a subdivision shall not be cut off, but provisions for their continuation shall be provided.

1. All public and private streets shall be graded and surfaced in accordance with the West Point public works standard specifications and drawings.

2. Whenever a new structure is built, a structure existing on the effective date of the ordinance codified in this chapter is modified, renovated or improved (where the combined value of such modifications, renovations or improvements undertaken exceeds 50 percent of the current market value of the structure), or where any site development increases the use of public streets, the owner of the property shall place curb, gutter and sidewalk at the proper location along the frontage of the property for the road width as determined by the city engineer. If the development abuts a state highway, the developer must obtain approval for the location of curb, gutter and sidewalk from the state highway right-of-way engineer. The owner of the property shall also install road base and asphalt surfacing from the existing asphalt surfacing to the new curb and gutter. The owner shall dedicate the widened portion to the city. The dedication of property shall not alter zoning limitation or zoning privileges.

3. The building site shall abut a paved public street of adequate width. The owner shall install curb, gutter, sidewalk, roadbase and asphalt surfacing concurrent with construction of the residence if these improvements exist on either of the adjacent lots or if at least 25 percent of the lots on the same block have improvements. If a block is not defined by intersecting streets, the 25 percent rule will apply to all properties within 500 feet in each direction from the property lines of the subject lot. In lieu of this requirement, the city may accept an improvement postponement agreement and grant of lien on the property for future construction.

4. Roadway improvements to be built by the developer which will be dedicated to the city shall conform to the public works standard specifications and drawings.

5. Sidewalks shall be provided in all developments and shall comply with the public works standard specifications and drawings.

6. Concrete curb and gutter shall be required in all developments along existing and new streets and shall comply with the public works standard specifications and drawings.

a. All new developments along arterial and collector streets shall be required to install enhanced landscaping as part of a streetscape design. When lots double face, with the rear yard backing onto or a side yard facing an arterial or collector street, the provisions of this subsection shall apply. An eight-foot strip of land directly adjacent to the right-of-way line of the street will be set aside to provide a buffer to enhance the streetscape and mitigate the impacts of arterial and collector streets. Where only one lot backs or faces onto a collector or arterial street, the landscape strip will be maintained by the individual homeowner, and no homeowners association will be required.

b. The landscape buffer shall be identified on the plat as property owned in common by a homeowners association. The landscape buffer must adhere to the standard landscape drawing found in the West Point City public works standard specifications and drawings. The sidewalk and parkstrip shall be incorporated into the landscape design and are subject to review and approval by the community development director or designee.

c. A landscape and irrigation plan must be submitted and approved by the community development director. One two-inch caliper tree shall be required for every 25 feet of frontage. Trees must be picked from the city approved list. Five shrubs shall be required for every required tree. Shrubs shall be one-gallon containers or larger. A six-foot solid or semi-private non-chain link fence shall be installed along the entire perimeter on the inside edge of the landscape strip. No new turfgrass shall be planted in park strips or areas with a width of eight feet or less. Park strips shall be landscaped with trees, shrubs, pavers, rock, mulch, or another ground cover.

d. Irrigation systems will be required in all landscaped areas. The system shall include a single connection to the secondary water system that will be operated by the homeowners association. All systems shall have an automatic controller and can be either a drip or spray system. The system shall provide sufficient coverage to all landscaped areas and be designed in such a way as to minimize spray on sidewalks and streets.

e. The developer shall be responsible for the installation of all landscaping and irrigation systems required herein and must provide a guarantee for all improvements with the overall subdivision guarantee. All landscaped parcels shall be dedicated as permanent open space on the recorded plat. A homeowners association (HOA) shall be formed by the recordation of declarations providing for the collection of fees to maintain the landscaped areas. The homeowners association must be professionally managed. All plantings shall be maintained in a healthy and attractive manner by the homeowners association. The city reserves the right to assess a fee to the homeowners association or to individual homeowners if it fails to maintain all landscaping in a reasonable manner. The developer shall record CC&Rs that outline the maintenance responsibilities of the HOA. The city shall be made a party to that section of the CC&Rs and in that section the city shall be given the right to assess a fee to the HOA or the individual property owners in the subdivision if the HOA fails to maintain the landscaping. Maintenance shall include watering, weeding, and weed control, fertilizing, mulching, cleaning, pruning, pest control, mowing, trimming, and replacement of dead plantings.

8. The location of all street improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

K. Street Signs. Street signs shall be furnished and installed by the developer and shall comply with the West Point City public works standard specifications and drawings.

1. Where located within the subdivision, a solid board, chain link or other nonclimbable fence not less than six feet in height shall be installed on both sides of existing supply irrigation ditches or canals or bordering open reservoirs, railroad rights-of-way or nonaccess streets, and which are located within or adjacent to the subdivision.

2. Agricultural Fencing. Unless otherwise waived by affected agricultural property owners, fencing abutting agricultural property shall be required of the developer. Fence specifications shall, at a minimum, include the following: size of post, two and three-eighths inches; spacing of post, eight feet (the agricultural property owner shall have the option of paying the additional cost to create spacing of the post at six feet); top rail and bottom rail shall be one and five-eighths inches; the bottom shall be either two-strand barbless wire or one-strand barbed wire. The fence shall be of 11-gauge fabric. If there was no existing fence, or the existing fence does not protect the chain-link fence, then the agricultural property owner, at this time, will be required to install and maintain an electrical fence parallel to the chain-link fence.

3. The location of all fencing improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

1. Dark sky compliant street lights are required in all commercial and residential developments and shall comply with the public works standard specifications and drawings.

2. Street lights shall be required on all subdivision streets at the back of cul-de-sacs, and at points of intersection with other roads. Additional lighting may be required if the distance between two lights is 660 feet or more. All street lights shall comply with public works standard specifications and drawings and the spacing and location of the lights shall comply with the street light master plan.

3. The location of all street lighting improvements shall be shown on the preliminary and final subdivision plans. The plans shall comply with the public works standard specifications and drawings. The cost of installing the same shall be borne by the developer and shall be included in the subdivision improvement agreement and security to be furnished by the developer.

1. The developer shall have his surveyor install permanent survey monuments as shown in the standard drawings. Permanent survey monuments shall be accurately set and established at such points as are necessary to establish all lines of the subdivision. Monuments shall be of a type approved by the city. All subdivision plats shall be tied to a public corner or monument of record established by Davis County.

2. The developer shall have his surveyor install permanent survey monuments as shown in the standard drawings.

3. Survey markers shall be placed by a licensed surveyor at all site corners and at site boundary locations to completely identify the site boundaries on the ground. Site corners shall be identified with permanent plugs in the sidewalk or back of the curb or with a metal pipe or rod driven into the ground if sidewalks or curbs are not next to the site boundary. All site corners and site boundaries must be marked prior to the issuance of building permits, after the completion of all subdivision improvements and during building construction and inspection. It shall be the responsibility of the site owner to ensure that all site corner and boundary markers are in place. The city is not responsible for replacing survey stakes or markers.

4. Staking of Lots. Survey stakes shall be placed at all lot corners so as to completely identify the lot boundaries on the ground. Rebars shall be placed at the rear corners of each lot, and the front corners shall be designated by permanent markers placed in the curb. Any person disturbing these markers shall replace them at their own expense.

1. The developer shall pay the cost and installation of the electric system extensions and street lights to service the development.

2. The developer shall pay the cost and cause installation of all other utilities including, but not limited to, gas, electricity, phone, cable, fiber optics network, etc.

P. Inspection of Improvements. The city shall inspect or cause to be inspected all buildings, structures, streets, fire hydrants, water supply, and sewage disposal systems in the course of construction, installation or repair, etc. Excavations for fire hydrants, water and sewer mains and laterals shall not be covered or backfilled until such installation has been approved by the city. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the city. The following inspections are required:

a. Connection to the existing sewer mains prior to any backfill.

b. All manholes.

c. All laterals.

d. Main line video inspection and video turned in to the city.

a. Connections to existing land drains and/or storm drains.

b. All manholes.

c. All laterals and connections.

d. Any cleanout box or catch basins.

e. Detention ponds. Fenced, sprinkling system installed and area sodded.

a. Main line joints and installation.

b. Proper valves and hydrants.

c. Pressure test main line.

d. Disinfect and bacteriologic tests.

e. Connection to existing water main.

f. Service connections, including meter setters, boxes and lids.

a. All main lines must be inspected and connections to mains and valves.

b. Pressure tested prior to covering or backfill.

c. Service connections, including company valves, boxes and lids, and airvacs.

5. Irrigation piping.

6. Curb and gutter.

7. Sidewalk.

8. Street signs.

9. Survey markers.

10. Seal coat.

Q. Guarantee and Acceptance of Improvements. The subdivider shall warrant and guarantee that the public improvements provided for herein, and every part thereof, will remain in good condition for a period of one year from the date the city council has accepted the improvements and a final walk-through has been completed. The subdivider also agrees to make all repairs to and maintain the improvements and every part thereof in good working condition during the guarantee period without cost to the city (see WPCC 17.130.100).

R. Enforcement and Permits. The building official shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration of any structure, or use of any land fully conforms to all provisions of this title. No West Point City officer shall issue any permit or license for the use of any building, structure or land when such land is a part of a subdivision as defined herein until such subdivision has been approved and recorded in the county recorder’s office and all other provisions of law have been complied with. Any license or permit issued in conflict with this title shall be null and void.

S. Penalty. Any subdivider or other person who shall violate or fail to comply with any of the provisions of this title shall be guilty of a Class B misdemeanor and punished as provided by law upon conviction.

T. Validity. If any section, subsection, sentence, clause, or phrase of this title is, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portion of this title. [Ord. 12-19-2023C §§ 1, 2 (Exh. A)].