State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-27a > 17-27a-604-5

17-27a-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 the county:
(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

State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-27a > 17-27a-604-5

17-27a-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 the county:
(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


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-27a > 17-27a-604-5

17-27a-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 the county:
(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