10-25D-2: COMPLETION OR IMPROVEMENT COMPLETION ASSURANCE PRIOR TO RECORDING FINAL SUBDIVISION PLAT OR DEVELOPING REAL PROPERTY – ACCEPTANCE PROCESS:
A. Completion or Improvement Completion Assurance: The improvements required by this chapter shall be constructed and installed by the developer and maintained by the developer until accepted by the city. Improvements shall be completed prior to recording the final plat in the office of the county recorder, unless the construction, installation and maintenance are guaranteed in the manner provided in section 10-25D-5.
B. Acceptance Process: Required improvements shall not be accepted by the city and the warranty period thereon shall not expire until the required improvements have been fully installed and been in successful operation for the one (1) year warranty period, except when the city determines for good cause that a two (2) year warranty is necessary as provided in Utah Code Annotated Section 10-9a-604.5, or its amendment.
1. Approval of Improvements: After the completion of all infrastructure improvements, the developer shall make a written request to the city for an approval inspection to be made by all affected city departments. Upon receipt of inspection reports from all affected departments, the city will either approve the improvements or provide the developer with a list of defective work to be completed before approval. The developer shall correct all defective work and materials and make written requests to the city for additional inspections, as may be required. Once the city approves the improvements, a summary of the inspections and approval shall be provided to the developer.
2. Warranty Period: The warranty period shall start on the date the city approves all of the improvements and the developer provides the city with a warranty document in a form approved by the city. Developer shall warrant all improvements for a period of time as set forth in this section. If, during the warranty period, the city finds any improvements to be defective, the city shall provide developer or developer’s agent with a list of the defective work and developer shall correct all defects immediately except for improvements which, at the city’s discretion, must be repaired by the city. Developer shall pay city for all repairs to defects in improvements which are repaired by the city during the warranty.
3. City Acceptance of Improvements: The developer shall schedule with the city an inspection on the improvements at the end of the warranty.
a. If the city finds that the work on the required improvements is defective and does not meet city standards, the city shall provide the developer with a list of the defective work which the developer must correct. The developer shall schedule additional inspections as necessary and shall, in a timely manner, completely correct all defective work which is identified by the city. After the city finds the developer has completely and satisfactorily completed all of the corrections to the defective work on the required improvements, then the city shall accept the improvements, commence maintenance of the improvements, and any warranty held by the city shall be released.
b. If the city finds that the work on the required improvements does not meet the city standards, the warranty, including, but not limited to, any cash, irrevocable letter of credit, or other financial assurance, shall be forfeited or paid to the city and the city shall make the corrections to the improvements. The city shall accept the improvements after completion of the corrections. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020; Ord. 2024-006, 1-18-2024)