10-1-12: COMPLETION OF LANDSCAPING AND PUBLIC INFRASTRUCTURE IMPROVEMENTS – PRIVATE SITE DEVELOPMENT IMPROVEMENTS – IMPROVEMENT COMPLETION ASSURANCE:
A. The following infrastructure improvements are deemed essential for the public health and safety and are required for developments for human occupation: all infrastructure improvements required to meet the building code, fire code, flood and storm water management provisions, street and access requirements, and other applicable public safety improvements adopted in city ordinances or St. George standard specifications for design and construction. Failure to complete all essential improvements may result in the suspension of the building permit. All essential improvements shall be completed prior to recording an approved subdivision plat, or prior to the issuance of a certificate of occupancy, unless the following requirements are met:
1. The applicant has provided a financial assurance for required and uncompleted infrastructure improvements; or
2. The applicant has agreed in a written document to terms acceptable to the city that vary the conditions and timing of issuance of a certificate of occupancy.
B. All required landscaping improvements shall be completed prior to any development activity or the recording of a plat, or issuance of a business license, unless the applicant has provided an improvement completion assurance acceptable to the city in an amount representing one hundred ten percent (110%) of the cost of the improvements. The city shall release all but ten percent (10%) of the assurance once installation has been inspected by the city and shall retain the remaining assurance during the one (1) year warranty period.
C. All required private site development improvements shall be completed prior to recording of a plat, unless the applicant has entered into a development improvement agreement under terms acceptable to the city and is current in its obligations under that agreement.
D. An improvement completion assurance is required. The three (3) acceptable forms of completion assurance are cash, disbursement agreement, or an irrevocable letter of credit. Partial release of an improvement completion assurance is permitted only at the following intervals: upon proof by applicant of fifty percent (50%) of improvement completion, and seventy percent (70%) of improvement completion. Final release of the improvement completion assurance shall occur only upon proof by applicant of one hundred percent (100%) of construction completion. The city shall consider applicant’s proof of construction completion using objective inspection standards by qualified city employees or appointees knowledgeable in landscaping, public infrastructure improvements, or private site development improvements, as applicable.
E. Upon the city’s acceptance of public infrastructure improvements, the applicant shall execute an improvement warranty for the improvement warranty period. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022)