Division V. Building Permits
Chapter 16.60
BUILDING PERMITS
Sections:
16.60.010 What this chapter does.
16.60.060 Approved plan on construction site.
16.60.070 Issuance of a certificate of occupancy.
16.60.080 Temporary certificates of occupancy.
16.60.010 What this chapter does.
This chapter establishes the process, policies, and procedures governing the administration of building permits in Eagle Mountain City. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.1)].
16.60.020 Purpose.
Eagle Mountain City and the state of Utah have adopted building codes which govern the technical standards, specifications, requirements, and provisions that apply to the construction of all structures that are required to have a building permit. See Chapter 15.95 EMMC for a list of adopted codes. This chapter sets forth the procedures used by Eagle Mountain City when issuing building permits. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.2)].
16.60.040 Application.
A property owner or their duly authorized agent shall make application for a building permit on forms prepared by Eagle Mountain City. No building permit may be processed without the submission of the application and all the supporting materials as required by the city. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The following materials must be submitted with any application for a building permit:
1. Bond. A cash bond, as required by the city’s consolidated fee schedule, to ensure that the public property surrounding and on the building site is protected. Applicants shall be required to sign a bond agreement that sets out the terms of the bond including, but not limited to, the applicant’s obligations to protect public property, the city’s obligations, the terms for release of the bond and the amount of time that the bond shall be maintained with the city. The bond will be reimbursed, plus interest, to an applicant after a certificate of occupancy is issued.
2. Construction Plans. The home construction plans demonstrating compliance with the current state-adopted International Building Codes or International Residential Codes shall be submitted.
3. Site/Plot Plan. A site plan drawn to scale including a north arrow and legend, and clear specifications for the following:
a. Lot size and dimensions;
b. Setbacks and overhangs for setbacks, showing front, side, and rear setbacks from all structures to the nearest property lines;
c. Easements;
d. Property lines;
e. Topographical details, if the slope of the lot is greater than 10 percent;
f. Retaining walls;
g. Hard surface areas;
h. Curb and gutter elevations as indicated in the subdivision documents;
i. Utilities, including water meter and sewer lateral location;
j. Street names;
k. Driveway locations;
l. Defensible space provisions and elevations, if required by the Utah Wildland-Urban Interface Code;
m. The location of the nearest hydrant;
n. A map that shows the nearest collector and crossroads and a pin on the map of the city to indicate where the project is located.
4. Model Energy Code Checklist (MEC Check). The Model Energy Code checklist demonstrating that the proposed structure meets the state of Utah’s currently adopted Model Energy Code.
5. Contractor’s State License. All contractors that are building homes must submit a photocopy of their contractor’s state license. An owner builder, intending to live in the structure after a certificate of occupancy is issued, does not need to have a state license, but must comply with the sole owner of property requirements in Title 58, Chapter 55, Part 3, Utah Code Annotated 1953, Utah Construction Trades Licensing Act.
6. Structural Engineering Calculations. The structural engineering calculations shall be wet stamped and signed by a licensed Utah engineer, according to the Professional Engineers and Professional Land Surveyors Licensing Act Rule, or successor rule in the current Utah Administrative Code.
7. Architectural Compliance. If applicable, evidence of compliance with the architectural standards established by a master development agreement and city ordinances established for the subject property.
8. Geotechnical Report. A geotechnical report, including a slope stability evaluation and retaining wall design, if the structure is proposed within 200 feet of slopes in excess of 25 percent or if the slope of the lot is greater than 15 percent.
9. Geotechnical Report. A geotechnical report including a soil observation and soil compaction report. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-25-2018 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.4)].
16.60.050 Approval process.
The city may only approve a proposed building permit application that conforms to the applicable building codes, the fire code, adopted architectural and design guidelines, and ordinances. Any redlined notes or comments written by authorized city staff on plans or in approval documents are a part of the approved plan and applicants are responsible to review and comply with such redlined amendments. Building plan review shall comply with the standards and timelines in Title 10, Chapter 6, Utah Code Annotated 1953, Uniform Fiscal Procedures Act for Utah Cities. The building department may receive and approve complete building permit applications only under the following circumstances:
A. For residential projects with either single-family detached or single-family attached units (townhomes, twin homes, duplexes), the minimum essential infrastructure required to serve the lot during construction must be installed, improvement assurance provided for additional infrastructure, and the subdivision plat recorded. Minimum essential infrastructure includes:
1. Road improvements with the following standards:
a. Temporary roads shall be constructed with structural fill and road base according to Eagle Mountain City’s standards for a permanent road (see Chapter 15.60 EMMC);
b. Approved vehicle access for firefighting shall be provided to within 100 feet of temporary or permanent fire department connections;
c. Road shall be capable of supporting vehicle loading under all weather conditions;
d. Access roads shall be maintained for emergency and fire access throughout the duration of the project until permanent fire apparatus access roads are available;
e. Temporary turnarounds in accordance with the fire code standards.
2. Sewer lines, inspected and tested;
3. Water lines, inspected and tested, and fire hydrants charged, with fire flow test results submitted and approved by the fire marshal or his/her designated representative;
4. Storm drain and drain facilities, inspected and tested;
5. In the absence of curb, gutter, sidewalk, a survey of the footing/foundation location (prior to inspection of footing/foundation);
6. Improvement assurance or bonding for sidewalk, curb and gutter, asphalt, street signs and “no parking” signs, and permanent turnarounds, where required.
B. For nonresidential/commercial projects or multifamily residential projects (including apartment and condominium projects), building permits may be issued in advance of the road and utility improvements being completed if the project is adjacent to an existing road(s), and all necessary utility infrastructure is immediately available to the project, unless otherwise determined by the development review committee due to public safety or other special circumstances where this infrastructure would be required to be installed prior to the building permit being issued.
C. For nonresidential/commercial projects or multifamily residential projects (including apartment and condominium projects) where all necessary utility infrastructure is not immediately available, the development review committee shall review each project on a case-by-case basis to determine the amount of infrastructure that will be required prior to issuance of a building permit.
D. For nonresidential/commercial projects or multifamily residential projects (including apartment and condominium projects) that are to be built within 5,000 feet of a military base, applicant must comply with Chapter 17.61 EMMC, Land Use Compatibility With Military Use.
E. Development review committee decisions may be appealed to the city council. It is the responsibility of each applicant to provide sufficient information to demonstrate the reason and justification for the exception, and that they can provide acceptable temporary alternatives for power, water, and fire protection during construction. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-04-2015 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.5)].
16.60.060 Approved plan on construction site.
The plot plan and construction plans that have been stamped and signed by the building official or designee and fire marshal (if required) or designee, or an electronic copy thereof, shall be on the job site for all inspections. Contractors that do not have the approved plan on the job site may not be eligible for an inspection and charged a reinspection fee at the discretion of the building official and as allowed by the International Building Code or the International Residential Code. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.6)].
16.60.070 Issuance of a certificate of occupancy.
Structures that comply with all of the International Building Code or International Residential Code requirements, this title and any other conditions imposed through a site plan review or conditional use process may be eligible to receive a certificate of occupancy. Structures may not be issued a certificate of occupancy until verification has been provided that any required water rights have been dedicated to the city or purchased with the city, and permanent infrastructure is complete (including paved roads, curb and gutter, sidewalk, street signs, required landscaping, and all required utilities). Upon receiving a certificate of occupancy, the owner, builder or contractor may request that the bond be reimbursed with interest. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.7)].
16.60.080 Temporary certificates of occupancy.
The building official may issue a temporary certificate of occupancy under very specific circumstances. Temporary certificates of occupancy may only be issued under the following circumstances:
A. Minor Deficiencies. Minor deficiencies that may be corrected within 30 days and pose no threat to the public or persons who may occupy the structure.
B. Bond. When a temporary certificate of occupancy is issued, the bond placed for the protection of public property will be retained and may be used at the building official’s discretion at a future time under his direction to bring the structure into compliance with the International Building Code or the International Residential Code, this title and any other conditions imposed through a site plan review or conditional use process.
C. The city council may also exercise their discretionary power and authorize the building official to issue a certificate of occupancy for unusual circumstances so long as it does not violate the International Building Code or the International Residential Code.
D. Incomplete Services or Infrastructure. Temporary certificates of occupancy shall not be issued for deficiencies or incomplete services, connections or infrastructure such as off-site water, sewer, electrical, natural gas, sidewalks, curb, gutter or other items that present a safety hazard if uninstalled. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.8)].