§ 10-20-807 — Subdivision plat recording or development activity before required landscaping or infrastructure is completed -- Improvement completion assurance -- Improvement warranty.

(1) As used in this section:
(1)(a) "Private landscaping plan" means a proposal:
(1)(a)(i) to install landscaping on a lot owned by a private individual or entity; and
(1)(a)(ii) submitted to a municipality by the private individual or entity, or on behalf of a private individual or entity, that owns the lot.
(1)(b) "Public landscaping improvement" means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that:
(1)(b)(i) will be dedicated to and maintained by the municipality; or
(1)(b)(ii) 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) (3)(a) Except as provided in Subsection (3)(d) or (e), before an applicant conducts any development activity or records a plat, the applicant shall:
(3)(a)(i) complete any required public landscaping improvements or infrastructure improvements; or
(3)(a)(ii) post an improvement completion assurance for any required public landscaping improvements or infrastructure improvements.
(3)(b) If an applicant elects to post an improvement completion assurance, the applicant shall in accordance with Subsection (5) provide completion assurance for:
(3)(b)(i) completion of 100% of the required public landscaping improvements or infrastructure improvements; or
(3)(b)(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.
(3)(c) A municipality shall:
(3)(c)(i) establish a minimum of two acceptable forms of completion assurance;
(3)(c)(ii) (3)(c)(ii)(A) if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this chapter and any local ordinances; and
(3)(c)(ii)(B) if a municipality accepts cash deposits as a form of completion assurance and the applicant elects to post a cash deposit as a form of completion assurance, place the cash deposit in an interest-bearing account upon receipt and return any earned interest to the applicant with the return of the completion assurance according to the conditions of this chapter and any local ordinances;
(3)(c)(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
(3)(c)(iv) issue or deny a building permit in accordance with Section 10-20-1001 based on the installation of public landscaping improvements or infrastructure improvements.
(3)(d) A municipality may not require an applicant to post an improvement completion assurance for:
(3)(d)(i) public landscaping improvements or an infrastructure improvement that the municipality has previously inspected and accepted;
(3)(d)(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;
(3)(d)(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;
(3)(d)(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;
(3)(d)(v) a private landscaping plan;
(3)(d)(vi) landscaping improvements or infrastructure improvements that an applicant elects to install at the applicant's own risk:
(3)(d)(vi)(A) before the plat is recorded;
(3)(d)(vi)(B) in accordance with inspections required by the municipality for the infrastructure improvement; and
(3)(d)(vi)(C) in accordance with final civil engineering plan approval by the municipality; or
(3)(d)(vii) any individual public landscaping improvement or individual infrastructure improvement when the individual public landscaping improvement or individual infrastructure improvement is also included as part of a separate improvement completion assurance.
(3)(e) (3)(e)(i) A municipality may not:
(3)(e)(i)(A) prohibit an applicant from installing a public landscaping improvement or an infrastructure improvement when the municipality has approved final civil engineering plans for the development activity or plat for which the public landscaping improvement or infrastructure improvement is required; or
(3)(e)(i)(B) require an applicant to sign an agreement, release, or other document inconsistent with this chapter as a condition of posting an improvement completion assurance, security for an improvement warranty, or receiving a building permit.
(3)(e)(ii) Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and infrastructure improvements that are installed by an applicant are subject to inspection by the municipality in accordance with the municipality's adopted inspection standards.
(3)(f) (3)(f)(i) Each improvement completion assurance and improvement warranty posted by an applicant with a municipality shall be independent of any other improvement completion assurance or improvement warranty posted by the same applicant with the municipality.
(3)(f)(ii) Subject to Section 10-20-905, if an applicant has posted a form of security with a municipality for more than one infrastructure improvement or public landscaping improvement, the municipality may not withhold acceptance of an applicant's required subdivision improvements, public landscaping improvement, infrastructure improvements, or the performance of warranty work for the same applicant's failure to complete a separate subdivision improvement, public landscaping improvement, infrastructure improvement, or warranty work under a separate improvement completion assurance or improvement warranty.
(4) (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.
(4)(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.
(4)(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:
(5)(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
(5)(b) 10% of the amount of the bond to cover administrative costs incurred by the municipality to complete the improvements, if necessary.
(6) (6)(a) Upon an applicant's written request that the land use authority accept or reject the applicant's installation of required subdivision improvements or performance of warranty work as set forth in Section 10-20-905, and for the duration of each improvement warranty period, the municipality may require the applicant to:
(6)(a)(i) execute an improvement warranty for the improvement warranty period; and
(6)(a)(ii) 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:
(6)(a)(ii)(A) municipal engineer's original estimated cost of completion; or
(6)(a)(ii)(B) applicant's reasonable proven cost of completion.
(6)(b) A municipality may not require the payment of the deposit of the improvement warranty assurance described in Subsection (6)(a)(i) for an infrastructure improvement or public landscaping improvement before the applicant indicates through written request that the applicant has completed the infrastructure improvement or public landscaping improvement.
(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) A municipality may not require the submission of a private landscaping plan as part of an application for a building permit.
(9) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.

Legislative History

Renumbered and Amended by Chapter 15, 2025 Special Session 1