Chapter 17.10 GENERAL DESIGN STANDARDS FOR SUBDIVISIONS

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title and HMC Title 18. The current edition of the American Public Works Association (APWA) Manual of Standard Specifications will also govern construction of infrastructure in Helper City. [Ord. 2010-5. Code 1988 § 11-13.1].

17.10.020 Lot standards.

A. The minimum area and dimensions of all lots shall conform to the requirements of the zone district in which the lot is located.

B. All lots or parcels created by a subdivision shall have direct access with frontage on a dedicated street improved to standards hereinafter required. Private streets shall be permitted only as recommended by the planning commission. Land designated as public right-of-way shall be separate and distinct from lots adjoining such right-of-way and shall not be included in the area of such lots.

C. All subdivisions shall result in the creation of lots that are developable and capable of being built upon. A subdivision shall not create lots and no building permit shall be issued for any lots that would make building or access impractical due to size, shape, steepness of terrain, location of watercourses, problems of sewerage or driveway grades, or other physical conditions, except where such lots are suitable and dedicated for a common open space, private utility or public purpose as determined by the planning commission.

D. The side lines of all lots, so far as possible, shall be at right angles to each street on which the lot faces, or approximately radial to the center of curvatures. Exceptions may be made to this requirement where considerations for solar orientation are involved.

E. Corner lots for residential use shall be planned wider than interior lots in order to permit conformance with the required front setback requirements of both streets.

F. A city boundary line shall not divide a lot. Each such boundary line shall be made on a lot line.

G. Lot numbers shall begin with the number “1” and shall continue consecutively through the subdivision with no omissions or duplications; block designations shall be optional.

H. Except as specifically authorized by this chapter, not more than one dwelling unit shall occupy any one lot.

I. No area needed to meet the minimum width, yard area, parking or other requirements of this chapter for a lot or building may be sold or leased away from such lot or building for the purpose of installing any kind of structure.

J. No portion of a lot may be cut off from another portion of a lot that has been created through a subdivision action. [Ord. 2010-5. Code 1988 § 11-13.2].

17.10.030 Construction on slopes exceeding 25 percent.

Lots or buildings proposed on slopes exceeding 25 percent warrant especially close review to assure that all grading, retaining wall, cut and fill, road and driveway grade standards will be met. [Ord. 2010-5. Code 1988 § 11-13.4].

17.10.040 Landscaping.

A. The design of developments and placement of buildings should preserve the natural terrain, drainage, existing topsoil, tree groupings, large individual trees and large rocks.

B. Natural informal landscape design should be used in Helper City, rather than formal, geometric design.

C. Different types of adjacent uses both within and between developments should be buffered (separated or screened), by extensive tree planting.

D. Drought resistant plants and landscapes are encouraged. [Ord. 2010-5. Code 1988 § 11-13.5].

17.10.050 Buildings.

A. Fire Standpipes. Standpipes complying with IBC standards may be required for all commercial and multiresidential buildings, regardless of the number of stories if so designated by the fire department.

B. Fire Hydrants. Fire hydrants shall be installed in accordance with recommendations from the culinary water authority.

C. Provisions for Handicapped. Provisions for physically handicapped persons shall be provided in all new buildings as required by the Americans with Disabilities Act (ADA).

D. Construction Debris Removal. Any building construction on sites shall provide debris removal sufficient to facilitate the regular cleanup and removal of construction debris from the site. Each site shall be cleaned and all construction debris removed on a weekly basis. Failure to comply with this chapter by allowing debris to accumulate on the premises may result in the suspension of building permits, fines or such other appropriate penalties as the city council shall direct. [Ord. 2010-5. Code 1988 § 11-13.6].

17.10.060 Roads.

A. Road Layout and Geometry. The design, arrangement and construction of all roads, public and private, shall be in conformance with the road standards, the provisions of this chapter, and city design guidelines as adopted.

1. The arrangement of roads shall provide for the continuation of major roads between adjacent properties when the continuation is necessary for the convenient movement of traffic, emergency or maintenance vehicles, or the efficient provision of utilities.

2. Proposed streets shall be continuous and in alignment with existing planned or platted streets with which they are to connect.

3. Roads shall be designed to provide emergency access and egress for residents, occupants and emergency equipment providing width, curve radii and strength of emergency and maintenance vehicles used by or available to the city.

4. Where the potential traffic impacts on the existing street systems are considered to be great, or in the case of unique circumstances concerning topography or neat layout, or at the request of the city, the subdivider may be required to prepare a detailed engineering traffic study of the road system.

5. Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. “T” intersections rather than “cross” intersections shall be used wherever possible for local streets.

6. Where a road does not extend to the boundary of the development and its continuation is not required, its terminus should be no closer than 50 feet from the boundary. [Ord. 2010-5. Code 1988 § 11-13.7].

17.10.070 Road grades.

A. Intersections and switchbacks shall not exceed a 10 percent grade.

B. No public or private roadway or street shall exceed a 10 percent grade, except that grades up to 12 percent for public or private roadways and streets may be allowed by the planning commission upon review and finding that all of the following conditions are met:

1. No more than 10 residential units will be served by the proposed road that will exceed 10 percent grade or the lots to be served have a separate, emergency access that does not exceed a 10 percent grade.

2. For roadways of 10 percent or greater grade, the applicant shall stake the centerline and both edges in the field for inspection by the city’s designee to ensure full compliance with this section.

3. Roadways and streets exceeding a 12 percent grade shall not be permitted. [Ord. 2010-5. Code 1988 § 11-13.8].

17.10.080 Private road maintenance.

A means of perpetual maintenance must be demonstrated to and approved by the planning commission before a private road may be approved. [Ord. 2010-5. Code 1988 § 11-13.9].

17.10.090 Street names.

A. Each street that is a continuation of, or an approximate continuation of, any existing dedicated street shall be given the name of such existing street. When any street forms a portion of a proposed street it shall be surveyed, opened, widened or improved and given the same name.

B. The names of newly created streets shall not duplicate or approximately duplicate the names of any existing streets in the city or in adjacent areas of the county.

C. Any named street shall also have the proper compass direction coordinate as approved by the city.

D. Subdividers are encouraged to conduct an investigation of local history regarding the names and references to geological and historical features located within or in close proximity to the proposed subdivision and whenever possible incorporate the historical names and references into the names and designations of streets. [Ord. 2010-5. Code 1988 § 11-13.10].

17.10.100 Driveways.

A. No driveway shall exceed 200 feet in length and/or 12 percent grade.

B. Driveways serving single residential dwellings shall be a minimum of 12 feet wide. Driveways serving two or more residential dwellings shall be a minimum of 24 feet wide. [Ord. 2010-5. Code 1988 § 11-13.11].

17.10.110 Cuts, fills and retaining walls.

A. Because of the dramatic visual impact of cuts, fills and retaining walls in a desert environment such as Helper City and because of public safety factors that may arise with significant cuts and fills in unsuitable soils, design plans for cuts, fills and retaining walls shall conform to the following criteria and other applicable sections of this chapter.

B. No cuts or fills will be allowed on slopes with grades exceeding 40 percent.

C. Unretained cuts that exceed a two feet horizontal to a one foot vertical slope shall not exceed three feet in height.

D. Unretained fills may not exceed 12 feet in height pursuant to HMC 17.10.120, Measuring cut and fill heights.

E. No single retaining wall or retaining system may exceed 12 feet in height and/or 40 feet in length; retaining systems less than 12 feet in height may exceed 40 feet in length.

F. Up to three terraced cuts may be created under a terraced cuts retaining system, so long as each wall is separated by a minimum six-foot setback (measured from face to face) for visual relief and revegetation. The total maximum height for cuts retained under a terraced retaining system shall not exceed 18 feet. [Ord. 2010-5. Code 1988 § 11-13.12].

17.10.120 Measuring cut and fill heights.

Cuts and/or fills shall be measured vertically from the natural grade at the lowest point of disturbance to the natural grade at the highest point of disturbance. [Ord. 2010-5. Code 1988 § 11-13.13].

17.10.130 Maximum slope grades.

Unretained cut-and-fill slopes shall be no steeper than one and one-half feet horizontal to one foot vertical, except that cuts in bedrock materials, the stability of which is verified by a geologist and/or soils engineer with demonstrated expertise, may be steeper if approved by the city council with specific findings. [Ord. 2010-5. Code 1988 § 11-13.14].

17.10.140 Retaining walls.

All retaining walls and/or approved retaining systems shall be constructed of decorative materials (i.e., textured surfaces, colored or tinted materials) and should be designed to blend into and enhance the natural desert environment and must be approved by the building inspector before excavation permits shall be granted. [Ord. 2010-5. Code 1988 § 11-13.15].

17.10.150 Engineering/geologic analysis.

An engineering geological report shall be prepared by a registered geologist or engineer at the preliminary plan stage of the subdivision to demonstrate that the hillside above any proposed cut will remain stable after the proposed cut/fill and retaining system, if any, has been completed. [Ord. 2010-5. Code 1988 § 11-13.16].

17.10.160 Revegetation.

A. All unretained cut and fill slopes must be naturalized and revegetated within one year after a certificate of occupancy is issued.

B. Unretained cuts and fills should be naturalized by rounding edges, placing boulders in natural fashion and planting native plants, including trees, brush, and ground cover, to match surrounding areas. A landscape/revegetation plan shall be submitted to the planning commission for review with the cut/fill design plans. [Ord. 2010-5. Code 1988 § 11-13.17].

17.10.170 Building setbacks from water ways and flood hazard areas.

These regulations shall be the same as Carbon County and shall be adopted by reference. [Ord. 2010-5. Code 1988 § 11-13.18].

17.10.180 Utilities.

A. Construction. All utility connections and lines shall be installed underground. Utility service available in other parts of the city including electricity, telephone, and natural gas shall be developed in provided easements and shall extend to the property line of every lot within the subdivision. Before any installations are covered, material and service must be inspected and approved by the city’s building inspector. During the construction period, temporary power poles and lines shall be allowed within the boundaries of the construction project; however, such poles and lines must be taken down within 30 days after the final certificate of occupancy is granted.

B. Easements. All utilities shall be placed within public road rights-of-way or specific rights-of-way or easements free of legal encumbrances. Multiple use on given easements is encouraged. The final recorded plat shall note all easements.

C. Water. As a condition for single home or subdivision approval, the builder or subdivider shall install or cause to be installed the following improvements:

1. A water main in front of each parcel in size, location and with appropriate valves, etc., as approved by the city after review and recommendation of the planning commission.

2. Fire hydrants at intervals of not greater than 500 feet with each parcel not more than 250 feet from the nearest hydrant. In the event it is necessary to extend a water main so that the same fronts each parcel or to access fire hydrants within 250 feet of each parcel, then the cost of the water mains and hydrants shall be borne by the landowner who effectuates the subdivision of his/her property.

3. All trenches and disturbed areas under streets or proposed streets must be filled and compacted to the standards employed by the Utah Department of Transportation.

4. As a condition of subdivision approval under this subsection (C), the subdivider shall be obliged to dedicate or furnish to the city a water right sufficient in flow and transferability to offset the increased demand on the city’s water supply arising from the subdivision.

a. If the area to be subdivided is currently served by an irrigation system, then the subdivider shall be obliged to transfer or dedicate to the city a water right sufficient only to meet the in-house domestic needs, if the subdivider verifies, in writing, that the irrigation water, or portion thereof, will continue to be applied to the property outside the dwelling and may not be transferred therefrom.

b. In the event the subdivided land, or any portion thereof, is not served by an existing irrigation system, then the subdivider shall be obliged to furnish or dedicate to the city a water supply to furnish water for in-house domestic use, and also for outside use for lawns, gardens, etc.

c. Unless specific approval is given by the city after review and recommendation of the planning commission, the city’s culinary water system shall not be employed to irrigate or otherwise maintain lawn, gardens or vegetation on an amount of land in excess of one-quarter acre for each subdivided lot without regard to the size of such lot.

d. The requirement to furnish water may be satisfied by the transfer to the city of well rights, spring rights or stock in an approved irrigation company, directly usable, or transferable into an existing or new well or otherwise capable of increasing the city’s ability to furnish water to an expanded number of homes and residents.

e. In those instances where irrigation water will continue to serve the area outside a dwelling, the city will accept a partial transfer of the water rights attributable to that land in order that the city receive only that which is required to address the in-house domestic use.

f. Upon finding that transfer of water rights is not feasible, the city may approve a cash payment in an amount consistent with the value of the required water right. This provision shall not apply where any water is proposed to be transferred from the ground to be used elsewhere, but is designed to recognize limitations on splitting irrigation stock below a certain fraction, and also the possibility of the inclusion of land not historically irrigated.

g. It shall be the responsibility of the subdivider to supply and maintain a meter and valve for each lot with only one connection off the main irrigation line per lot. The subdivider shall be billed for the season’s meter reading. No structure shall be within 15 feet of any main culinary or irrigation lines. [Ord. 2010-5. Code 1988 § 11-13.19].

17.10.190 Completion of on- and off-site improvements prior to the approval of plats or issuance of certificates of occupancy.

A. Policy. In order to protect buyers of condominiums, subdivision projects, and other property in the city of Helper against purchasing property on which the site improvement work is incomplete and which may not be completed, and to protect the public at large from dangerous and undesirable conditions that result from unfinished site improvements such as erosion, flooding, and blowing dust, it is the policy of the city of Helper that no plat will be approved (when a plat is required) and that no certificate of occupancy will be issued (when plats are not required) on any building project within the city limits unless and until the site improvement work is completed or the developer of the property has provided adequate security to guarantee timely completion of the improvements.

B. Detailed Site Plans. A detailed site plan showing the location and nature of drainage work, grade changes, retaining walls, and landscaping together with any trails, paths, or walkways shall be submitted to the planning commission for approval prior to issuance of an occupancy permit by the building inspector. Site improvements shall be completed pursuant to this chapter and as shown in the detailed site plan.

C. Construction According to Approved Plans. No plat will be approved and no certificate of occupancy will be issued unless that project and all required site improvements have been constructed in accordance with the plans approved by the planning commission and on which the building permit is issued, except as specified in HMC 17.10.200, Security for completion. [Ord. 2010-5. Code 1988 § 11-13.20].

17.10.200 Security for completion.

In the event that buildings on the property are completed before other required on-site improvements are completed, and the site improvements cannot be completed simultaneously with the completion of the building due to weather or other conditions beyond the control of the developer (excluding financial inability to perform); or as it relates to subdivisions, in order to record a final plat prior to completion of off-site improvements, the city may grant final plat approval or issue the certificate of occupancy for all or part of the project prior to the completion of site improvements; provided, that all of the following conditions are met:

A. The building or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, and are in full compliance with applicable codes, and are completed to the extent that only exterior site improvement work remains unfinished and the building inspector determines that occupancy of the buildings, or portions thereof, prior to completion of required on- and off-site improvements, is safe, and that access for emergency vehicles is adequate with the site improvements unfinished.

B. In regard to subdivisions, the building inspector approves all final construction plans, a development agreement has been approved by the city attorney and executed by the owner/developer and the developer posts adequate security for the benefit of full compliance with the approved plans within two years from the date of plat approval (if required) or one year from the date of issuance of the certificate of occupancy, whichever occurs first. [Ord. 2010-5. Code 1988 § 11-13.21].

17.10.210 Amount of security.

A. The amount of the security to be posted by the developer shall be determined by the city council and shall be equal to 100 percent of the amount reasonably estimated by the city as being necessary to complete all remaining on- and off-site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the city the developer may present lower construction costs supported by binding written contracts between the developer and licensed contractors or subcontractors qualified to perform the required work at a stated, fixed price.

B. A full performance bond, insuring performance by the subcontractor or contractor, must accompany these contracts. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be 100 percent of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing work not covered by the contracts, if any. Specifications in such contract shall be sufficiently clear to identify the work called for under the contract. The amount of security required for single-family homes shall be the reasonable estimated cost of construction of any retainage and drainage and the estimated cost of landscaping to the extent necessary to hold soil in place. [Ord. 2010-5. Code 1988 § 11-13.22].

17.10.220 Term of security.

All public improvements required under this chapter shall be installed by a contractor or subcontractor licensed by the state of Utah. Such license is for the work to be performed, and the contractor and subcontractors must provide copies of their current licenses. [Ord. 2010-5. Code 1988 § 11-13.23].

17.10.230 Form of security.

Such security arrangement shall be one of the following types:

A. A bond with a surety company licensed to do business in the state of Utah.

B. An irrevocable letter of credit with a federally insured financial institution.

C. A cashier’s check made payable only to the city.

D. A trust or escrow account with a federally insured financial institution designating the city as beneficiary. [Ord. 2010-5. Code 1988 § 11-13.24].

17.10.240 Payment of interest.

Any interest accruing on escrow funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not the city. The city shall not be required to pay interest to the developer on any escrow for this purpose. [Ord. 2010-5. Code 1988 § 11-13.25].

17.10.250 Release of funds.

The city of Helper shall relinquish funds held or security posted for the purpose of paying for site improvement work performed according to the plans as that work is completed. The city shall release funds equal to the actual cost of performing the work as the work progresses minus 10 percent. Upon satisfactory completion of all required site improvement work as determined by the planning commission chairman or his/her planning commission member designee, all funds shall be immediately released to the developer. [Ord. 2010-5. Code 1988 § 11-13.26].

17.10.260 Modification of plans.

A developer may request modifications to plans covering site improvement work by submitting revised plans to the city for review and final action. If modification of the plans increases the cost of required site improvements, the developer shall be obligated to cover the increased costs and must provide additional security. [Ord. 2010-5. Code 1988 § 11-13.27].

17.10.270 Phased projects.

Site improvements applicable to each phase of a phased project or development shall be completed or security for completion provided as each phase is constructed and either platted or occupied. Site improvements or other phases of the project shall be completed or security offered as those phases are completed. [Ord. 2010-5. Code 1988 § 11-13.28].