Section 10-9a-604.5 - Subdivision plat recording or development activity before required landscaping or infrastructure is completed - Improvement completion assurance - Improvement warranty(1) As used in this section, "public landscaping improvement" means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that: (a) will be dedicated to and maintained by the municipality; or(b) are associated with and proximate to trail improvements that connect to planned or existing public infrastructure.(2) A land use authority shall establish objective inspection standards for acceptance of a public landscaping improvement or infrastructure improvement that the land use authority requires.(3)(a) Before an applicant conducts any development activity or records a plat, the applicant shall:(i) complete any required public landscaping improvements or infrastructure improvements; or(ii) post an improvement completion assurance for any required public landscaping improvements or infrastructure improvements.(b) If an applicant elects to post an improvement completion assurance, the applicant shall provide completion assurance for: (i) completion of 100% of the required public landscaping improvements or infrastructure improvements; or(ii) if the municipality has inspected and accepted a portion of the public landscaping improvements or infrastructure improvements, 100% of the incomplete or unaccepted public landscaping improvements or infrastructure improvements.(c) A municipality shall:(i) establish a minimum of two acceptable forms of completion assurance;(ii) if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this title, and any local ordinances;(iii) establish a system for the partial release of an improvement completion assurance as portions of required public landscaping improvements or infrastructure improvements are completed and accepted in accordance with local ordinance; and(iv) issue or deny a building permit in accordance with Section 10-9a-802 based on the installation of public landscaping improvements or infrastructure improvements.(d) A municipality may not require an applicant to post an improvement completion assurance for:(i) public landscaping improvements or an infrastructure improvement that the municipality has previously inspected and accepted;(ii) infrastructure improvements that are private and not essential or required to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation;(iii) in a municipality where ordinances require all infrastructure improvements within the area to be private, infrastructure improvements within a development that the municipality requires to be private; or(iv) landscaping improvements that are not public landscaping improvements, unless the landscaping improvements and completion assurance are required under the terms of a development agreement.(4)(a) Except as provided in Subsection (4)(c), as a condition for increased density or other entitlement benefit not currently available under the existing zone, a municipality may require a completion assurance bond for landscaped amenities and common area that are dedicated to and maintained by a homeowners association.(b) Any agreement regarding a completion assurance bond under Subsection (4)(a) between the applicant and the municipality shall be memorialized in a development agreement.(c) A municipality may not require a completion assurance bond for or dictate who installs or is responsible for the cost of the landscaping of residential lots or the equivalent open space surrounding single-family attached homes, whether platted as lots or common area.(5) The sum of the improvement completion assurance required under Subsections (3) and (4) may not exceed the sum of:(a) 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's bid; and(b) 10% of the amount of the bond to cover administrative costs incurred by the municipality to complete the improvements, if necessary.(6) At any time before a municipality accepts a public landscaping improvement or infrastructure improvement, and for the duration of each improvement warranty period, the municipality may require the applicant to: (a) execute an improvement warranty for the improvement warranty period; and(b) post a cash deposit, surety bond, letter of credit, or other similar security, as required by the municipality, in the amount of up to 10% of the lesser of the: (i) municipal engineer's original estimated cost of completion; or(ii) applicant's reasonable proven cost of completion.(7) When a municipality accepts an improvement completion assurance for public landscaping improvements or infrastructure improvements for a development in accordance with Subsection (3)(c)(ii), the municipality may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the building code and fire code.(8) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.Amended by Chapter 415, 2024 General Session ,§ 8, eff. 11/1/2024.Amended by Chapter 478, 2023 General Session ,§ 14, eff. 5/3/2023.Amended by Chapter 384, 2019 General Session ,§ 15, eff. 5/14/2019.Amended by Chapter 339, 2018 General Session ,§ 4, eff. 5/8/2018.Amended by Chapter 327, 2015 General Session ,§ 4, eff. 5/12/2015.Repealed and reenacted by Chapter 309, 2013 General Session ,§ 6, eff. 5/14/2013.Enacted by Chapter 112, 2008 General Session