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Midway council moves to require utility 'will‑serve' confirmations from sewer district as part of applications

Midway City Council · July 15, 2025
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Summary

After debate about liability and timing, council directed staff to add a will‑serve letter requirement to application forms and begin a code amendment to make the requirement explicit, while continuing coordination with Heber Valley Special Service District (HVSSD).

Council discussed whether to require developers to provide a 'will-serve' letter from the Heber Valley Special Service District (HVSSD) as part of subdivision and other land-use applications. Planners explained existing subdivision-code 'catch-all' language allows staff to request site-specific documents but does not explicitly require an HVSSD will-serve letter.

Council members raised two central concerns: (1) liability and permitting risk if the city issues approvals but the sewer district cannot or will not provide service, and (2) whether HVSSD is willing and able to issue standardized will-serve letters in a timely way. Planning staff (Speaker 11) and council members discussed options including making the letter a required submittal at the time of application, making it a condition of final approval, or asking the sewer district to sign plats as a middle ground.

The council directed staff to immediately add the will-serve letter requirement to application forms and to initiate a planning‑commission code amendment to create an explicit, durable requirement in the municipal code. Council emphasized continuing communication with HVSSD and returning with proposed ordinance language and implementation steps. Staff also noted the city could use existing application and engineering review processes to involve utility partners earlier in project review.

No formal ordinance was adopted tonight; council provided policy direction and asked staff to pursue code changes with the planning commission and to report back.