Council adopts rule clarifying deferral agreements as developer seeks secondary water for Jordan Park

The North Ogden City Council unanimously approved Ordinance 2026-04, amending city code 11-26-8 to clarify what a secondary-water deferral agreement may require, after the Jordan Park developer presented a path to supply and asked the council to allow staff to negotiate a binding deferral.

Barry Gdlman, president of Hamlet Homes, told the council Jordan Park (37 home sites) was approved with primary (culinary) water lines in place but not yet connected to a secondary-water provider. He said the seller’s prior assurances about secondary-water arrangements were incorrect and that the developer has pursued options with Mountain View Irrigation, Pine View and Weber Box Elder.

Craig Smith, a water attorney assisting the developer, said Weber Box Elder’s board voted to contract with the Weber Basin Water Conservancy District to secure roughly 38 acre-feet per lot and to make a summer delivery feasible; he said engineers and pump infrastructure work remain but the contracting step took place at a board meeting earlier in the day.

Council members asked how a deferral agreement would be enforced and whether a limited number of homes or a time limit should govern occupancy and landscaping. Staff and the developer proposed several safeguards: HOA enforcement or water-company metering with automatic shutoff for overuse, escrow or bonding for future infrastructure, deed- or contract-level restrictions limiting turf and irrigation until secondary water is connected, and a clear timeline to secure physical delivery.

Scott Hess explained staff’s proposed code change: replace a rigid “shall” with “may” in the deferral clause and list typical provisions that a deferral might require (time limits for connection, bonding/escrow for off-site improvements, minimal turf/zeroscape conditions, deed restrictions or gallon limits per property). The planning commission had recommended the amendment, and the council approved it by roll-call vote.

Council gave staff direction to continue negotiating a deferral agreement with the developer and Weber-area water providers and to return the proposed deferral for council approval; staff said the agreement will include explicit enforcement measures and buyer disclosures. Council members also urged staff to ensure any temporary solution is clearly disclosed to potential buyers and that neighbors be notified as negotiations proceed.

The ordinance changes give the city a clearer toolbox for handling temporary unavailability of secondary-water service and set an expectation that deferral agreements will contain enforceable terms when allowed.