In the minutes: Vineyard City Council Meeting, Flock Safety (Nov 10)

NOTICE OF A REGULAR
CITY COUNCIL MEETING
November 10, 2026, at 6:00 PM

PUBLIC NOTICE is hereby given that the Vineyard City Council will hold a regularly
scheduled City Council meeting on Tuesday, November 10, 2026, at 6:00 PM, in the City
Council Chambers at City Hall, 125 South Main Street, Vineyard, UT. This meeting can also be
viewed on our live stream page.
AGENDA
1.

CALL TO ORDER

2.

INVOCATION AND PLEDGE OF ALLEGIANCE (BY INVITATION)

3.

PUBLIC HEARING
3.1. Public Hearing for Budget Amendment # 2

4.

PUBLIC COMMENTS (3 MINUTES PER PERSON)
“Public Comments” is defined as time set aside for citizens to express their views. Public
comments can be submitted ahead of time to [email protected].

5.

WORK SESSION
5.1. Presentation from The Ruth Theater (Kelly Smurthwaite, 2 minutes)
5.2 Midge Fly Presentation by the Utah Lake Authority (Sam Braegger, 15 minutes)

6.

PROCLAMATIONS AND APPOINTMENTS
6.1. Proclaim Kindness Day, November 13, 2026.

7.

CONSENT ITEMS
7.1. Approval of the October 27, 2026, City Council Meeting Minutes
7.2. Reappoint Lacey Winkel to the Vineyard Cares Commission
7.3. Appoint Becca Kresser to the Vineyard Cares Commission
7.4. Appoint Will Reynold to the Vineyard Cares Commission
7.5. Appoint Guy Anderson as Alternate for the Vineyard Cares Commission
7.6. Reappoint David Pearce to the Vineyard Care Commission

8.

BUSINESS ITEMS
8.1. Approve ORD 2026-15 Changes to the Vineyard City Zoning Code - Subdivisions
- SB 284 Compliance

Page 1 of 2; November 10, 2026, City Council Agenda
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8.2. Approve ORD 2026-14 Changes to the Vineyard City Zoning Code FOI (Flex
Office and Industry) and RC Zones (Regional Commercial)
8.3. Approve Ordinance 2026-13 FY 26-27 Budget Amendment 2
9.

ADJOURNMENT

The next regularly scheduled meeting is on December 8, 2026.
This meeting may be held in a way that will allow a councilmember to participate electronically.
The public is invited to participate in all City Council meetings. In compliance with the Americans with Disabilities Act, individuals
needing special accommodations during this meeting should notify the City Recorder at least 24 hours prior to the meeting by calling
(385) 338-5183.
I, the duly appointed City Recorder for Vineyard, Utah, hereby certify that the foregoing notice and agenda was posted at Vineyard City
Hall, on the Vineyard City and Utah Public Notice websites, and delivered electronically to staff and to each member of the Governing
Body.

AGENDA NOTICING COMPLETED ON:

November 9, 2026

CERTIFIED (NOTICED) BY:

/s/ Robin Bond
ROBIN BOND, CITY RECORDER

Page 2 of 2; November 10, 2026, City Council Agenda
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ORDINANCE 2026-13
AN ORDINANCE AMENDING THE VINEYARD CITY BUDGET FOR THE 2026-2027
FISCAL YEAR.
WHEREAS, the City Council of Vineyard, Utah has previously adopted a budget for the
2026-2027 fiscal year in accordance with the Utah Fiscal Procedures Act for cities; and
WHEREAS, the city needs to now amend that adopted budget; and
WHEREAS, a public hearing was held on the 10th day of November 2026, on the
proposed amendments to the 2026-2027 fiscal year budget for the city of Vineyard, Utah.
NOW THEREFORE BE IT RESOLVED BY THE VINEYARD CITY COUNCIL
AS FOLLOWS:
1. The attached exhibit A shows the amendments to the Fiscal Year 2026-2027 budget
for the city of Vineyard, Utah.
2. This ordinance shall take effect upon passing.
Passed and dated this 10th day of November 2026.

ATTEST:

___________________________________
Zack Stratton
Mayor, Vineyard City

___________________________________
Robin Bond
City Recorder, Vineyard City

SEAL

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Jacob Holdaway
David Lauret
Parker McCumber
Chip Price
Jacob Wood

YES

NO

ABSENT

ABSTAIN

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EXHIBIT A

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NOTICE OF PUBLIC HEARING FOR BUDGET AMENDMENT #2
The Vineyard City Council will hold public hearings on Tuesday, November 10, 2026, starting at 6:00
PM or as soon thereafter as possible, in the City Council Chambers at 125 South Main Street, Vineyard,
Utah, to hear public comment regarding budget amendments to the Fiscal Year 2026-2027 Budget.
Any persons having an interest in these matters may attend and be heard during the public hearings.
Written comments and requests for copies of materials can be emailed to [email protected] prior
to the meeting.
The related budget documents can be found on our website at vineyardutah.gov
In compliance with the Americans with Disabilities Act, individuals needing special accommodations
during this meeting should notify the City Recorder at least 24 hours prior to the meeting by calling
(385) 338.5183.
I, the undersigned City Recorder for Vineyard, Utah, hereby certify that the foregoing Public Notice was
posted at the Vineyard City Office, on the Vineyard City website, and on the Utah Public Notice
website.
Posted: November 3, 2026
Certified (Noticed) by: /s/ Robin Bond, City Recorder

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Budget Amendment #2 FY26-27 – Summary of Proposed Changes
Vineyard City, Utah · Fiscal Year 2026–2027 budget amendment

Summary of Proposed Changes
Fund

Current Budget

Proposed Change

Amended Budget

General Fund

$17,258,772

– $75,150

$17,183,622

Internal Service Fund

$1,744,077

$0

$1,744,077

Redevelopment Agency Fund

$29,786,656

$0

$29,786,656

Brief description of the amendment:
•

•

•

General Fund (net – $75,150)
o Mayor and Council: + $550 – Supplies for council projects and events
o Parks: + $800 – Supplies for Christmas lights
o Parks: + $8,000 – Electrical install on NW of Grove Park
o Communications: + $5,500 – Mailings to residents
o Police: – $90,000 – Credit for disposal of decommissioned vehicles
Internal Service Fund (net $0)
o HR Contract Services: – $35,000 – Cancel HR system implementation
o HR Employee Appreciation: + $51,000 – Cover employee appreciation expenses
o Beginning Fund Balance Appropriation: – $16,000 – Use fund beginning balance to
balance fund
Redevelopment Agency Fund (net $0)
o Contract Service: + $160,000 – Additional RDA Director Services
o Capital Expense: + $1,100,000 – Additional Construct Vineyard Connector Promenade
Overpass
o Capital Expense: – $3,372,441 – TRCC Grant reimbursed from county
o Beginning Fund Balance Appropriation: + $2,112,441 – Reduce beginning fund balance
appropriation to balance

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Chironomid Midges at Utah Lake
Colleen Barnes
Utah Lake Authority
October 2026

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Introduction
Chironomid midges, referred to as non-biting midges or lake flies, are a widespread and
ecologically important group of aquatic insects found in freshwater ecosystems. At Utah Lake,
they are one of the more notable specimens to everyday users; moreover, while they are a natural
component of aquatic ecosystems, large or concentrated adult emergences can create significant
nuisance conditions for lake visitors or nearby residential areas. There are over 7,300 species of
chironomids worldwide (Boóz et al., 2024). At Utah Lake, the two main genera of midges are
Chironomus and Tanypus (Richards, 2021). The two main emergences happen in spring and
July–August (Shiozawa & Barnes, 1977).
Historical and contemporary research highlights the midges' impact on the food web, the
ecological impact on the benthic community, and their role in nutrient cycling within the lake.
Understanding chironomids with a more holistic approach provides context for examining
potential management solutions around Utah Lake.
Lifecycle
The lifecycle of a midge is approximately a month and is broken into four main phases.
Female midges lay eggs on the water's surface or on aquatic plants. The eggs hatch within a few
days and then become larvae that sit on the bottom of the lake for about three weeks; the
majority of a chironomid's life cycle is spent as larvae consisting of four instars (Klagkou et al.,
2024). If it is late in the season and the temperature drops (at Utah Lake it is around 13°C), larval
development halts, and midges overwinter in an early larval stage within the lake sediment until
temperature rises again in the spring (Shiozawa, 1974). As they transform into pupae, gas
accumulates under their outer shell and within a few days they ascend to the surface of the water.

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At the surface they emerge as adults, where they live a few days to a week. Adult midges are
most notably seen in swarms, which are composed of males conglomerated to attract females
into the swarm. After a male captures a female within the swarm, they then depart to complete
copulation (Neems et al., 1992).
Ecosystem
Since the decline of Utah Lake's molluscan population, benthic invertebrates, especially
midge larvae, have become essential to "sediment chemistry, water column chemistry, nutrient
cycling, benthic algae, phytoplankton, and Utah Lake's food web including non-game and game
fish, June suckers, waterfowl, shorebirds, etc." (Richards, 2021, pp.15-16). Additionally, midges
are a substantial food source for bats, spiders, reptiles, and amphibians (Kolbenschlag et al.,
2023). Utah Lake is home to over 500 species of invertebrates, 226 species of birds, 49
mammals, 18 fish and 16 amphibians across 30,000 acres of wetlands. Approximately 10 million
migratory birds visit the lake each year (Brigham Young University, 2022). Midge flies are an
important food source for both terrestrial and aquatic organisms in all phases of their life cycle.
Furthermore, during the larval state, chironomids drive nutrients and gas flux by burrowing into
the lake bottom. This process is called bioirrigation, and it is a crucial part of the microbial
activity that cycles nitrogen and phosphorus (Baranov et al., 2016). 99% of the larvae population
can be found within the top 10 cm of the sediment of the lake bottom (Shiozawa, 1975). It is
estimated that Utah Lake midge larvae mobilize ~800–1,000 tons SRP/yr and ~3,000–3,700 tons
soluble N/yr and make up the majority of the Utah Lake benthic ecosystem (Richards & Miller,
2021).

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Nutrients & Vegetation
Nutrient status, particularly phosphorus and nitrogen, is one of the main drivers of
abundance patterns. Higher nutrients lead to more algae, which is food for midge larvae
(Tarkowska-Kukuryk & Majczak, 2024). It is important to note that if the underlying phosphorus
load remains high, there will continue to be an abundance of midge flies. Without addressing the
underlying phosphorus and nitrogen load the population is likely to recover since the food supply
driving larval growth would remain unchanged. Vegetation buffers are important because they
intercept nutrients that come from fertilizer runoff; however, they do not clearly reduce
chironomid populations. Shoreline vegetation can shift the taxa of Chironomidae present rather
than lowering overall numbers (Frossard & Marchand, 2018) and can create added habitat for the
midges.
Methods
Although Utah Lake does not have specific case studies on midge management, there
have been various methods tested globally.
Chemicals
Many residential areas and lake managements advocate for the use of pesticides to
control Chironomidae. Chemicals, however, can restructure the ecosystem and grant unwarranted
effects. A clear example of this is a case study of Clear Lake, California. Doses of a chemical
called DDD were used to suppress chironomids, and initial applications had a 99% success rate
(Suchanek et al., 2002). However, resistance developed within a few years of each round of
DDD, so control was only short term. Midges were responsible for exporting 266–356 tons of
biomass/year from lake to land, whereas DDD permanently damaged the lake's energy flow and

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bird populations (Hayes et al., 2022). The chemicals did not biodegrade easily, and Clear Lake
became one of the earliest documented cases of pesticide biomagnification.
Other chemical approaches have not been tested at a scale similar to Utah Lake's and
carry regulatory and ecological limitations. Any chemicals used require proper licensing and
environmental permitting. Methoprene and temephos have been used as larvicides that target the
developing insect in the sediment rather than the adult (Mulla, 1974; Ali 1992). Methoprene
requires repeated application to maintain suppression and has only been tested in small
experimental ponds (Mulla, 1974; Craggs 2005). Temephos program registration has been
cancelled and is no longer available in the United States (Environmental Protection Agency
[EPA], n.d.). Pyrethroids such as permethrin and deltamethrin are used as adulticides applied to
shoreline vegetation and structures to kill adults on contact (Maul, 2008). They only reduce
adults temporarily in the area sprayed. The consequence is that they harm not only the
chironomids, but any insect that comes into contact with them. Additionally, the runoff of these
chemicals is toxic to fish and other aquatic organisms.
Bti
Bti is a naturally occurring (Bacillus thuringiensis subspecies israelensis) bacterium that
is biodegradable, environmentally friendly, and globally used to reduce mosquitoes and blackfly
larvae (Kolbenschlag et al., 2023). It is favorable because it does not harm fish, birds, or humans.
It has been proven to reduce chironomid abundance and emergence as an incidental side effect
(Land et al., 2023). Testing has been done on midge flies; however, to be effective on midges,
doses need to be higher than the effective dosage for mosquitoes, and a higher dose has
subsequent negative side effects. For example, in Germany, the use of Bti made chironomids
emerge 10 days earlier, and reduced adults by 26%. This affected the food availability and the

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energy demands of birds, bats, and spiders (Kolbenschlag et al., 2023). When food availability is
decreased/altered for aquatic and terrestrial animals, it reduces breeding success rates and
cascades into bigger food web disturbances (Land et al., 2023). Additionally, when the standard
dose of Bti is increased, methane and CO₂ production increase, impacting the sediment microbial
community (Ganglo et al., 2024). Furthermore, studies done on Bti's impact on chironomids
demonstrated that larval reduction only lasted around 20 days (Ali et al., 2008) and had minimal
effect on the Tanypodinae (one of the main subfamilies found at Utah Lake) (Failla et al., 2015).
Aeration
Aerators raise dissolved oxygen at the water column and sediment interface, either
mechanically or through wind power. A study testing wind-driven pulverising aerators in Poland
across seven lakes, two stratified and five unstratified, found that bottom water in the stratified
lakes stayed severely hypoxic (low-oxygen), under 0.1% saturation, even years after installation
(Siwek et al., 2018). Only the surface layer, approximately the top five meters, showed
measurable improvement, while the deep water adjacent to the sediment, exactly where larvae
live, remained largely anoxic (no oxygen). Multiple other studies reported the identical failure
pattern across different countries, attributing it to high sediment oxygen demand, basin shape, or
continued internal nutrient loading. Aeration eases some symptoms of eutrophication without
solving the underlying problem (Siwek et al., 2018).
Oxygenating sediment produces an effect that runs counter to suppression altogether.
Research on methylmercury dynamics found that oxygenating previously anoxic sediment opens
it back up for recolonization by chironomid larvae, the opposite of what a suppression strategy
would require (Beutel, 2016). Chironomid genera also split by oxygen preference (Little & Smol,
2001). Raising dissolved oxygen at Utah Lake could therefore fail to reduce total midge

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abundance and instead shift which genera dominate, potentially without addressing the
nuisance-swarm problem at all, or even expanding the total habitable substrate available to
chironomids generally.
Light Traps
Light traps use artificial light, in the visible spectrum, ultraviolet range, or a combination,
to draw adult midges toward a capture mechanism such as suction, electrocution, sticky or funnel
nets, or simple drowning collection. A two-year ChiroTrap field trial at Lake Trasimeno found
that chironomids made up 99.66% of the total catch at an urban, paved site, an essentially clean
and selective removal. At a natural, vegetated site nearby, chironomids still dominated the catch
at 96.59%, but non-target catch there ran 91 times higher in taxa richness and 35 times higher by
weight, driven mostly by moths, including some species of conservation concern. Researchers
attributed the difference to habitat naturalness rather than lamp design (Pallottini et al., 2024).
The same study's best-performing design for catching midges was not shore-based at all: a
floating "ChiroBoat" platform positioned roughly 300 meters offshore captured 780 grams of dry
chironomid biomass in a single day, comparable to between one-eighth and one-eleventh of what
shore traps collected over an entire two-year season, with almost zero non-target bycatch
(Pallottini et al., 2024).
Funnel-net "Tofo lamp" devices tested over three summers at the same lake produced a
different but equally significant result: capture skewed heavily toward females, with sex ratios as
low as 0.045 to 0.081 against a natural ratio near 1:1, and many carried eggs (Goretti et al.,
2011). Intercepting egg-carrying females before they lay reduces the next generation directly, an
arguably stronger population-level effect than removing adults that have already mated.

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Research into what actually drives attraction found that light intensity explained the
majority of the variance in midge attraction, while color explained only a small percentage.
White light, the highest-intensity source tested, consistently outperformed yellow, which in turn
outperformed orange, blue, green, and red, and incandescent and fluorescent bulbs performed
equally at matched wattage (Ali et al., 1986). A separate Lake Suwa study confirmed the same
pattern, white and yellow light outperforming other colors at equal wattage, with no significant
difference between 60W and 100W bulbs (Hirabayashi, 1991). However, a study done at Lake
Suwa used black light lamps placed along the lakeshore and demonstrated the impact of
intensity, where midges were significantly more attracted to the 120W vs the 60W (Hirabayashi
et al., 1993b). They determined that spacing between traps changed efficiency, and further
spaced out traps were more effective; conversely, this study saw diminishing returns because
midges piled up around the electrical grids, diminishing their effectiveness over time
(Hirabayashi et al., 1993b).
It is important to note that these light traps pulled a range of other insects, including
dragonflies, wasps, moths, and beetles (Hirabayashi et al., 1993b). Artificial light at night
disrupts insect emergences and is an ecological stressor, even when it is not deliberately being
used to trap insects (Manfrin et al., 2017), which means light placement near Utah Lake carries
ecological consequences independent of any intended pest-control use.
Sound Trapping
Male chironomids locate mates acoustically, a behavior known as phonotaxis. Research
on this response found that Chironomus plumosus males respond strongly to signals in the 270 to
300 Hz range, which mimics the wingbeat frequency of females (Hirabayashi & Ogawa, 1999).
Pairing an acoustic signal with a standard black-light lamp multiplies the capture efficiency by

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4.5 times that of a sound or light trap individually, while shifting the composition of the catch
toward males specifically. The tradeoff is that removing males from a population does not reduce
egg-laying capacity the way a female-biased trap does (e.g., the Tofo lamp; Goretti et al., 2011).
Wind
Wind conditions impact the distribution of midge flies around the lake. This could be
further studied to determine the impact on midges around beaches, trails, and marinas, and if
potential solutions such as solar-powered fans around recreational areas would be beneficial. At
Lake Suwa, most midges stayed within 500 m of the shore, with some being scattered on top of
45 m buildings or 3 km away (Hirabayashi, 1991). Midge dispersal was linked to wind at 18:30,
with heightened activity after 6–7 m/s winds. A follow-up study found that flight was closely
related to wind strength and direction, alongside air temperature and light conditions
(Hirabayashi, 1991). Separately, a 128-trap study of adult Chironomidae in agricultural
landscapes found that distance from the water and vegetation structure shaped where adults
ended up after leaving the water (Delettre & Morvan, 2000), suggesting Utah Lake's shoreline
vegetation and built structures may channel dispersal rather than midges spreading evenly in all
directions. These findings come from other lake systems and should be treated as analogous
Chironomidae evidence rather than direct evidence from Utah Lake; local validation would mean
pairing wind speed and direction readings with trap counts at varying distances from shore to
determine whether nuisance concentrations shift measurably toward or away from recreation
areas under specific wind conditions.
Suggestions Moving Forward
Utah Lake currently has no site-specific case studies on midge management. The global
research reviewed above highlights that methods developed and tested elsewhere do not transfer

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cleanly, and several carry consequences that outweigh their benefits. Any management plans
considered should account for these gaps before implementation. Primary research would
establish whether Utah Lake behaves similarly to the literature reviewed above, or whether local
conditions call for a different approach. Foundational research may include:
1.​ A benthic survey confirming the present-day ratio of which genera of Chironomidae are
present. Species composition in a eutrophic lake can shift over just a few years as nutrient
conditions change. Knowing the specific species that create more nuisance presence will
alter the management plan.
2.​ A habitat mapping study, classifying stretches of Utah Lake's shorelines (paved and
unpaved) where midges are more present. This will allow us to take into account certain
light fixtures, buildings, vegetation, or paths that midges frequent. Making any
management plan requires understanding how midges respond to their environment.
3.​ A long-term management plan. After gaining an understanding of the species of midge
and the areas with high concentrations, land managers can work with local entomologists
and universities to study implementation plans. For example, light frequencies and sound
traps can be studied to better understand the implications of using them within the Utah
Lake ecosystem.
Public Information
Individual residents and lake visitors can take several steps to reduce their own exposure
to midge swarms. Reducing or redirecting outdoor lighting in residential areas during dusk
lowers the number of midges drawn to homes and buildings. The majority of adult activity
occurs after sundown (Mississippi State University Extension, 2018); therefore, pointing light
sources away from patios, decks, and entryways helps point midges away from outdoor living

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spaces (Kilpatrick, n.d.). Closing blinds at night, repairing screens, or shutting windows limits
the number of midges that come indoors (Dellinger & Day, n.d.). Limiting fertilizer use close to
the shoreline helps limit runoff that feeds the lake nutrients and creates denser midge populations
(Seltenrich, 2014; Tarkowska-Kukuryk & Majczak, 2024). Since midges are weak fliers, wind
and garden hoses can quickly blow them away (Orange County Vector Control District, n.d.).
Online, there are many misconceptions about what to do with midges. Clothing color,
body heat, sweat, and carbon dioxide do not attract non-biting midges. Unlike mosquitoes or
biting midges, the Utah Lake midge flies do not feed on blood and have no reason to hunt for a
host; light is the main attraction ((San Bernardino County Environmental Health Services,
2015;Lei et al., 2024). This same logic rules out bug sprays and essential oils used to mask cues
that a blood-seeking insect uses. When it comes to breeding sites, midge flies lay eggs on the
lake itself, not in small pools of standing water around a yard like mosquitoes (Washington State
University Extension, 2003). Midges are not dangerous. They do not bite, sting, or spread
disease, and large-scale chemical control is not practical for Utah Lake (Dellinger & Day, n.d.).

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Works Cited
Ali, A., Barbato, L. C., Ceretti, G., Della Sala, S., Riso, R., Marchese, G., & D'Andrea, F. (1992).
Efficacy of two temephos formulations against Chironomus salinarius (Diptera:
Chironomidae) in the saltwater lagoon of Venice, Italy. Journal of the American Mosquito
Control Association, 8(4), 353–356.
Ali, A., Lobinske, R. J., Leckel, R. J., Jr., Carandang, N., & Mazumdar, A. (2008). Population
survey and control of Chironomidae (Diptera) in wetlands in Northeast Florida, USA.
Florida Entomologist, 91(3), 446–452.
https://journals.flvc.org/flaent/article/download/75832/73490/0
Ali, A., Stanley, B. H., & Chaudhuri, P. K. (1986). Attraction of some adult midges (Diptera:
Chironomidae) of Florida to artificial light in the field. Florida Entomologist, 69,
644–650.
Baranov, V., Lewandowski, J., Romeijn, P., Singer, G., & Krause, S. (2016). Effects of
bioirrigation of non-biting midges (Diptera: Chironomidae) on lake sediment respiration.
Scientific Reports, 6, Article 27329. https://doi.org/10.1038/srep27329
Boóz, B., Kovács, Z., Bartalovics, B., Boda, P., Miliša, M., Pernecker, B., Pařil, P., Rewicz, T.,
Simon, A. B., Csabai, Z., & Móra, A. (2024). Chironomids (Diptera) from Central
European stream networks: New findings and taxonomic issues. Biodiversity Data
Journal, 12, Article e136241. https://doi.org/10.3897/BDJ.12.e136241
Brigham Young University. (2022). Getting to know the Utah Lake ecosystem.
https://pws.byu.edu/utah-lake/about-utah-lake

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City of Wanneroo. (n.d.-a). Midge information.
https://www.wanneroo.wa.gov.au/info/20035/community_health_and_safety/74/midge_in
formation
City of Wanneroo. (n.d.-b). Midge monitoring [Information sheet].
https://www.wanneroo.wa.gov.au/download/downloads/id/2375/midge_information_shee
t.pdf
Craggs, R., Golding, L., Clearwater, S., Susarla, L., & Donovan, W. (2005). Control of
chironomid midge larvae in wastewater stabilisation ponds: Comparison of five
compounds. Water Science and Technology, 51(12), 191–199.
https://doi.org/10.2166/wst.2005.0460
Delettre, Y. R., & Morvan, N. (2000). Dispersal of adult aquatic Chironomidae (Diptera) in
agricultural landscapes. Freshwater Biology, 44, 399–411.
https://doi.org/10.1046/j.1365-2427.2000.00578.x
Dellinger, T. A., & Day, E. (n.d.). Non-biting midges (Publication ENTO-438). Virginia
Cooperative Extension. https://www.pubs.ext.vt.edu/ENTO/ENTO-438/ENTO-438.html
Elite Pest Control. (n.d.). Midge fly biology and control of non-biting aquatic midges.
https://elitepestcontrol.co.nz/midge-fly-biology-and-control/
Failla, A. J., Vasquez, A. A., Fujimoto, M., & Ram, J. L. (2015). The ecological, economic and
public health impacts of nuisance chironomids and their potential as aquatic invaders.
Aquatic Invasions, 10(1), 1–15.
http://www.aquaticinvasions.net/2015/AI_2015_Failla_etal.pdf

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Frossard, V., & Marchand, P. (2018). Littoral chironomids of a large Alpine lake: Spatial
variation and variables supporting diversity. Knowledge & Management of Aquatic
Ecosystems, 419, Article 45. https://doi.org/10.1051/kmae/2018034
Ganglo, C., Manfrin, A., Mendoza-Lera, C., & Lorke, A. (2024). Effects of chironomid larvae
density and mosquito biocide on methane and carbon dioxide dynamics in freshwater
sediments. PLOS ONE, 19(5), Article e0301913.
https://doi.org/10.1371/journal.pone.0301913
Goretti, E., Coletti, A., Di Veroli, A., Di Giulio, A. M., & Gaino, E. (2011). Artificial light
device for attracting pestiferous chironomids (Diptera): A case study at Lake Trasimeno
(Central Italy). Italian Journal of Zoology, 78(3), 336–342.
https://doi.org/10.1080/11250003.2010.534115
Hayes, F. E., McIntosh, B. J., Turner, D. G., & Weidemann, D. E. (2022). Historical and recent
breeding of the Western Grebe and Clark's Grebe in a severely impaired ecosystem at
Clear Lake, California. Monographs of the Western North American Naturalist, 14(1),
65–100. https://doi.org/10.3398/042.014.0103
Hirabayashi, K. (1991a). Massive flights of chironomid midges (Diptera: Chironomidae) as
nuisance insects and their control in the Lake Suwa area: 1. Flight patterns of adult
Tokunagayusurika akamusi. Japanese Journal of Hygiene, 46(2), 652–661.
https://doi.org/10.1265/jjh.46.652
Hirabayashi, K. (1991b). Studies on massive flights of chironomid midges (Diptera:
Chironomidae) as nuisance insects and plans for their control in the Lake Suwa area,

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central Japan. 3. Some experimental trials for control of nuisance midges and proposed
counterplans. Japanese Journal of Hygiene, 46, 676–687.
https://pubmed.ncbi.nlm.nih.gov/1890775/
Hirabayashi, K., Nakazato, R., Ohara, A., & Okino, T. (1993a). A study on phototaxis for adult
Chironomidae (Diptera) by artificial light in Lake Suwa: Response of adult chironomid
midges to near ultraviolet and visible light. Japanese Journal of Sanitary Zoology, 44,
33–39. https://cir.nii.ac.jp/crid/1390282679921489152
Hirabayashi, K., Nakazato, R., Ohara, A., & Okino, T. (1993b). A study on phototaxis for adult
Chironomidae (Diptera) by artificial light in Lake Suwa: 2. Effect of the light trap
intensity and interval of electric collecting-killing insect traps using near-ultraviolet
radiation. Medical Entomology and Zoology, 44(4), 299–306.
https://www.jstage.jst.go.jp/article/mez/44/4/44_KJ00000824312/_article/-char/en
Hirabayashi, K., & Ogawa, K. (1999). The efficiency of artificial wingbeat sounds for capturing
midges in black light traps. Entomologia Experimentalis et Applicata, 92(3), 233–238.
Kilpatrick, A. L. (n.d.). Non-biting midges [Information sheet]. Clemson Extension.
https://dc.statelibrary.sc.gov/server/api/core/bitstreams/87f3155a-1115-41e3-8969-1a1aab
b536cb/content
Klagkou, E., Gergs, A., Baden, C. U., & Lika, K. (2024). Modeling the bioenergetics and life
history traits of Chironomus riparius—consequences of food limitation. Insects, 15(11),
Article 848. https://doi.org/10.3390/insects15110848

Page 22 of 99

Kolbenschlag, S., Gerstle, V., Eberhardt, J., Bollinger, E., Schulz, R., Brühl, C. A., &
Bundschuh, M. (2023). A temporal perspective of aquatic subsidy: Bti affects the
emergence of Chironomidae. Ecotoxicology and Environmental Safety, 250, Article
114503. https://doi.org/10.1016/j.ecoenv.2022.114503
Land, M., Bundschuh, M., Hopkins, R. J., Poulin, B., & McKie, B. G. (2023). Effects of
mosquito control using the microbial agent Bacillus thuringiensis israelensis (Bti) on
aquatic and terrestrial ecosystems: A systematic review. Environmental Evidence, 12(1),
Article 26. https://doi.org/10.1186/s13750-023-00319-w
Lei, T., Gu, J., Zhao, M., Chen, Y., Song, C., & Qi, X. (2024). Seasonal dynamics of non-biting
midges (Diptera: Chironomidae) and relevant environmental factors. Insects, 15(12),
Article 921. https://doi.org/10.3390/insects15120921
Little, J. L., & Smol, J. P. (2001). A chironomid-based model for inferring late-summer
hypolimnetic oxygen in southeastern Ontario lakes. Journal of Paleolimnology, 26(3),
259–270. https://doi.org/10.1023/A:1017562703986
Manatee County Mosquito Control. (n.d.). Midges. https://www.manateemosquito.com/midges/
Manfrin, A., Singer, G., Larsen, S., Weiß, N., van Grunsven, R. H. A., Weiß, N.-S., Wohlfahrt,
S., Monaghan, M. T., & Hölker, F. (2017). Artificial light at night affects organism flux
across ecosystem boundaries and drives community structure in the recipient ecosystem.
Frontiers in Environmental Science, 5, Article 61.
https://opus.hbz-nrw.de/hst/files/91/Manfrin_2017_Artificial.pdf

Page 23 of 99

Maryland Department of Agriculture. (n.d.). Nuisance midge control and information.
https://mda.maryland.gov/Pages/Nuisance%20Midge%20Control%20and%20Informatio
n.aspx
Maul, J. D., Brennan, A. A., Harwood, A. D., & Lydy, M. J. (2008). Effect of
sediment-associated pyrethroids, fipronil, and metabolites on Chironomus tentans growth
rate, body mass, condition index, immobilization, and survival. Environmental
Toxicology and Chemistry, 27(12), 2582–2590. https://doi.org/10.1897/08-185.1
Mississippi State University Extension. (2018). Bug's eye view: Chironomid midge (Vol. 4, No.
18).
https://extension.msstate.edu/newsletters/bugs-eye-view/2018/bugs-eye-view-chironomid
-midge-vol-4-no-18
Mulla, M. S., Norland, R. L., Ikeshoji, T., & Kramer, W. L. (1974). Insect growth regulators for
the control of aquatic midges. Journal of Economic Entomology, 67(2), 165–170.
https://doi.org/10.1093/jee/67.2.165
NC State Extension. (n.d.). Biology and control of non-biting aquatic midges.
https://content.ces.ncsu.edu/biology-and-control-of-non-biting-aquatic-midges
Neems, R. M., Lazarus, J., & McLachlan, A. J. (1992). Swarming behavior in male chironomid
midges: A cost-benefit analysis. Behavioral Ecology, 3(4), 285–290.
https://doi.org/10.1093/beheco/3.4.285
Orange County Vector Control District. (n.d.). Non-biting midges (Pest Control Bulletin No. 24).
https://www.ocvector.org/files/d7fa07f28/Non-bitingMidges.pdf

Page 24 of 99

Pallottini, M., Pagliarini, S., Catasti, M., Giontella, L., La Porta, G., Selvaggi, R., Gaino, E.,
Spacone, L., Di Giulio, A. M., Ali, A., & Goretti, E. (2024). Adult chironomid
(Chironomidae: Diptera) positive phototactic behaviour—A cue for adult population
management and impact on insect biodiversity at Lake Trasimeno, Central Italy.
Environments, 11(1), Article 1. https://doi.org/10.3390/environments11010001
Richards, D. C. (2021). Midge larvae N and SRP mobilization: Utah Lake estimates (Version
1.3). Wasatch Front Water Quality Council.
https://wfwqc.org/wp-content/uploads/2021/04/Midge-larvae-N-and-SRP-mobilization-U
tah-Lake-estimates-ver-1.3.pdf
San Bernardino County Environmental Health Services. (2015). Non-biting midges [Fact sheet].
San Bernardino County Department of Public Health.
https://ehs.sbcounty.gov/programs/mosquito-and-vector-control/
Seltenrich, N. (2014). Nutrient pollution: A persistent threat to waterways. Environmental Health
Perspectives, 122(11), A302–A309. https://pmc.ncbi.nlm.nih.gov/articles/PMC4216153/
Shiozawa, D. K. (1974). The population dynamics of Tanypus stellatus Coquillett (Diptera:
Chironomidae) in Goshen Bay of Utah Lake [Master's thesis, Brigham Young
University]. BYU ScholarsArchive. https://scholarsarchive.byu.edu/etd/7872
Shiozawa, D. K., & Barnes, J. R. (1977). The microdistribution and population trends of larval
Tanypus stellatus Coquillett and Chironomus frommeri Atchley and Martin (Diptera:
Chironomidae) in Utah Lake, Utah. Ecology, 58(3), 610–618.
https://doi.org/10.2307/1939010

Page 25 of 99

Siwek, H., Włodarczyk, M., & Czerniawski, R. (2018). Trophic state and oxygen conditions of
waters aerated with pulverising aerator: The results from seven lakes in Poland. Water,
10(2), Article 219. https://doi.org/10.3390/w10020219
Suchanek, T. H., Richerson, P. J., Nelson, D. C., Eagles-Smith, C. A., Anderson, D. W., Cech, J.
J., Zierenberg, R., Schladow, G., Mount, J. F., McHatton, S. C., Slotton, D. G., Webber,
L. B., Swisher, B. J., Bern, A. L., & Sexton, M. (2002). Evaluating and managing a
multiply stressed ecosystem at Clear Lake, California: A holistic ecosystem approach. In
D. J. Rapport, B. L. Lasley, D. E. Rolston, N. O. Nielsen, C. O. Qualset, & A. B.
Damania (Eds.), Managing for healthy ecosystems (pp. 1239–1272). CRC Press.
https://clearlake.ucdavis.edu/data-publication/evaluating-and-managing-multiply-stressed
-ecosystem-clear-lake-california-holistic
Tarkowska-Kukuryk, M., & Majczak, M. (2024). Can plant-associated chironomids be used as
an indicator of lake status with the alternative states theory? Water, 16(14), Article 1984.
https://doi.org/10.3390/w16141984
Techletter. (n.d.). Chemical control of chironomid midges.
https://techletter.com/Archive/Technical%20Articles/midgechemicalctrl.html
UF/IFAS Extension. (2017, October 11). Aquatic midges, also known as "blind mosquitoes".
Polk County Extension.
https://blogs.ifas.ufl.edu/polkco/2017/10/11/aquatic-midges-also-known-as-blind-mosquit
oes/

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U.S. Environmental Protection Agency. (n.d.). Temephos registration review (Docket No.
EPA-HQ-OPP-2008-0444). Regulations.gov.
https://www.regulations.gov/docket/EPA-HQ-OPP-2008-0444
Washington State University Extension. (2003). Chironomid midges (PLS-45).
https://s3.wp.wsu.edu/uploads/sites/408/2015/02/PLS-45-Chironomid-Midges.pdf

Page 27 of 99

UTAH LAKE AUTHORITY

Midges & Utah Lake
Ecology, Nutrient Cycling, and Management
Considerations for Chironomid Midges

A synthesis of chironomid biology, ecosystem function, and
global control-method research, with implications for Utah Lake.
Page 28 of 99

OVERVIEW

What We’ll Cover
01

Midge Biology & Lifecycle

02

From egg to swarming adult in about a month

03

Nutrients & Abundance

Nutrient cycling, food web support, and biodiversity

04

Why phosphorus and nitrogen drive midge numbers

05

Suggestions Moving Forward
Foundational research before any local action

Midges & Utah Lake

Role in the Lake Ecosystem

Management Methods Compared
Chemicals, Bti, aeration, light & sound traps, wind

06

Public Information
Practical steps for residents and lake visitors

2
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BIOLOGY

Midge Life Cycle: Four Stages, About One Month
1

2

3

4

Egg

Larva

Pupa

Adult

Laid on the water’s surface or on
aquatic plants; hatch within days

Bottom-dwelling for ~3 weeks
across four instars — the
majority of the life cycle

Gas accumulates under the shell;
the pupa ascends to the surface
within days

Emerges, swarms to mate, and
lives just a few days to a week

Adult swarms are composed of males, which gather first to attract females; mating occurs at the swarm’s edge. If the season turns cold before emergence, midges halt development
and overwinter as burrowed larvae.

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ECOSYSTEM FUNCTION

A Lake Running on Midges
Since the decline of Utah Lake’s molluscan population, midge larvae have become essential to sediment and water-column chemistry, nutrient cycling, and the food
web supporting the species below (Richards 2021).

500+

226

49

18 / 16

30,000

~10M

Invertebrate species

Bird species

Mammal species

Fish / amphibian species

Acres of wetlands

Migratory birds per year

BIOIRRIGATION: MIDGES AS NUTRIENT ENGINEERS

~800–1,000

99% of larvae live within the top 10 cm of lake-bottom sediment (Shiozawa 1975). By burrowing, they
drive nutrient and gas flux — a process called bioirrigation — that cycles nitrogen and phosphorus
(Baranov 2016).

tons SRP mobilized / year

~3,000–3,700
tons soluble N mobilized / year

Midges & Utah Lake

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DRIVERS OF ABUNDANCE

The Role of Nutrients

Nutrient Load

Algae Growth

Larval Food Supply

Sustained Abundance

Phosphorus & nitrogen enter the
lake, largely from shoreline fertilizer
runoff

Higher nutrients fuel more algae in
the water column (Tarkowska 2024)

Algae is a primary food source for
midge larvae on the lake bottom

While the phosphorus load stays
high, midge abundance persists

THE VEGETATION BUFFER PARADOX

Shoreline vegetation intercepts nutrient runoff — but does not clearly reduce chironomid populations. Instead, it can shift which taxa are present and add
habitat for midges (Frossard & Marchand 2018). It is still useful as a physical redirect, screening midges away from residential areas.

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CONTROL METHODS

Five Approaches, Compared
Method

How It Works

Main Downside

Chemicals (DDD & others)

Pesticides kill larvae or adults

Resistance builds fast; harms birds, fish, and the food web; some
no longer available

Bti

Naturally occurring bacterium kills larvae

Effect fades in ~20 days; can disrupt food supply for birds, bats,
spiders

Aeration

Adds dissolved oxygen to the water

Doesn’t reach larvae in deep sediment; can invite recolonization

Light Traps

Light lures adults to be killed or caught

Catches other insects too; fouls with piled-up midges over time

Sound Trapping

Acoustic lure draws in males specifically

Only removes males, so it doesn’t reduce egg-laying

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CAUTIONARY CASE

Clear Lake, California: When Control Backfires

99%

A few years

266–356

Initial kill rate from DDD pesticide applications

Before resistance made further control
ineffective

Tons of midge biomass exported from lake to
land, per year — a food-web link permanently
damaged

This became one of the earliest documented cases of pesticide biomagnification. DDD permanently damaged the lake’s energy
flow and bird populations — illustrating why nearly every method in this review carries ecological trade-offs that must be
weighed against nuisance reduction alone (Suchanek 2002; Hayes 2022).

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CAUTIONARY CASE · HOW IT HAPPENED

Biomagnification: How DDD Climbed the Food Chain
DDD was added to Clear Lake’s water to kill midge larvae. It breaks down slowly and builds up in animal tissue, so each animal that eats many contaminated prey keeps
what they carried — and the concentration grows at every step up the food chain.
Bars show the direction of increase, not exact values.

UP TO

~80,000×
higher DDD concentration in western grebes
than in the treated lake water (Suchanek 2002;
Hayes 2022).

The result: grebe populations crashed, midges
became resistant within a few years, and the
chemical lingered in the lake long after spraying
stopped.

Lake water

Plankton

Small fish

Predatory fish

Western grebes

DDD applied

Absorb it from the water

Eat lots of plankton

Eat lots of small fish

Top of the chain

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CONTROL METHOD · CHEMICAL

Beyond DDD: Other Chemical Options
Other chemicals have not been tested at a scale similar to Utah Lake’s, and each carries regulatory or ecological limits (Mulla et al., 1974; Ali et al., 1992).

Methoprene

Temephos

Pyrethroids

LARVICIDE · TARGETS LARVAE IN SEDIMENT

LARVICIDE · TARGETS LARVAE IN SEDIMENT

ADULTICIDE · KILLS ADULTS ON CONTACT

An insect growth regulator that acts on the developing
insect before it becomes an adult.

Has been used against midge larvae, including in
Venice’s saltwater lagoon (Ali et al., 1992).

Permethrin and deltamethrin are sprayed on shoreline
vegetation and structures (Maul et al., 2008).

Registration cancelled — no longer available in the
United States (U.S. EPA, n.d.)

Temporary and local; kills any insect it touches; runoff is
toxic to fish

Needs repeated application; only tested in small
experimental ponds (Craggs et al., 2005)

PROS

CONS

• Can target one life stage — larvae in sediment or adults on shore

• None tested at a scale similar to a waterbody the size of Utah Lake (~150 sq miles)

• Pyrethroids act immediately where they are sprayed

• Repeated or ongoing application needed; effects are temporary
• Harm non-target insects and fish; temephos is no longer an option

Midges & Utah Lake

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CONTROL METHOD · BIOLOGICAL

Bti: Natural Bacterium, Real Trade-offs
Bti (Bacillus thuringiensis israelensis) is a naturally occurring bacterium that kills insect larvae after they eat it. It is widely used for mosquitoes and black flies, and
reduces midges as a side effect (Land 2023).

26%

fewer adult midges after Bti use in
Germany (Kolbenschlag 2023)

PROS
• Naturally occurring and biodegradable
• Not directly harmful to fish, birds, or people
• Used worldwide, so it is well studied

10 days

earlier emergence — shifting when
food is available to birds, bats, and
spiders (Kolbenschlag 2023)

~20
days

how long larval reduction lasted
before numbers rebounded (Ali
2008)

Midges & Utah Lake

• Proven to reduce midge numbers and
emergence (Land 2023)

CONS
• Midges need higher doses than mosquitoes —
with stronger side effects
• Cuts or shifts the food supply for birds, bats, and
spiders
• Higher doses raise methane and CO₂ from lake
sediment (Ganglo 2024)
• Little effect on Tanypus-type midges, one of
Utah Lake’s two main groups (Failla 2015)

Dose caveat: most side-effect data come from mosquito-control doses. A dose strong enough to target midges
would likely cause larger effects than those reported.

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CONTROL METHOD · PHYSICAL

Aeration: More Oxygen ≠ Fewer Midges
Aerators pump or wind-drive oxygen into the water. The idea sounds logical, but studies show the oxygen often doesn’t reach the lake bottom — and where it does, it
can help midges.

WHAT AERATION REACHED IN STRATIFIED LAKES

Surface water (~top 5 m)
Oxygen measurably improved

Bottom water
Still under 0.1% oxygen saturation, years after installation
(Siwek 2018)

PROS
• May ease some eutrophication symptoms — a nutrient tool, not a midge tool
(Siwek 2018)
• Can run on wind power as well as electricity

CONS
• Oxygen often fails to reach the sediment where larvae live (Siwek 2018)
• Oxygenating bare sediment can let larvae recolonize it (Beutel 2016)

Sediment — where larvae live
The zone a midge strategy would need to reach

Midges & Utah Lake

• Midge types differ in oxygen needs — may shift which dominate, not reduce totals
(Little & Smol 2001)
• Doesn’t fix the underlying nutrient load

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CONTROL METHOD · LIGHT TRAPS

Light Traps
1

Lure

2

Capture

Adult midges fly toward bright light at night — the
same reason they gather at porch lights.

A fan, electric grid, sticky or funnel net, or a pan of
water holds them.

3

Remove
Fewer adults are left swarming along the shore —
and, with some designs, fewer eggs laid.

WHAT MATTERS MOST: BRIGHTNESS, NOT COLOR

Light intensity explained most of why midges came to a trap; color explained only a small share
(Ali 1986). Lake Suwa research found the same ranking (Hirabayashi 1991).

Standard bulbs: 60W and 100W caught about the same (Hirabayashi
1991)

most attractive

Black-light lamps: 120W drew significantly more than 60W
(Hirabayashi 1993)

least

Spacing: traps set farther apart worked better; grids clogged with
piled-up midges over time (Hirabayashi 1993)
White

Midges & Utah Lake

Yellow

Orange

Blue

Green

Red

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CONTROL METHOD · LIGHT TRAPS

Where a Trap Sits Changes What It Catches
Paved, urban shore

Natural, vegetated shore

Floating “ChiroBoat,” ~300 m
offshore

99.66%

96.59%

780 g

of the catch was midges — a clean, selective removal

midges, but 91× more non-target species and 35× more
by weight — mostly moths, some of conservation
concern

of dry midges in one day — 1/8 to 1/11 of a whole twoyear shore-trap season — with almost no bycatch

ChiroTrap field trial, Lake Trasimeno, Italy (Pallottini 2024). Differences were linked to how natural the habitat was, not lamp design.

PROS

CONS

• No chemicals; highly selective on paved shores like Vineyard’s

• Catches moths and other insects on natural shorelines

• Some designs catch mostly egg-carrying females (next slide)

• Night lighting disrupts wildlife even without trapping (Manfrin 2017)

• Offshore platforms catch huge amounts with almost no bycatch

• A trap near homes also draws midges toward homes; grids clog over time

Midges & Utah Lake

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LIGHT & SOUND TRAPS

Who Gets Caught: Females vs. Males
Only female midges lay eggs, so which sex a trap catches changes how much it reduces next year’s midges.

CATCHES MOSTLY FEMALES

CATCHES MOSTLY MALES

Tofo lamp (funnel-net light trap)

Black light + sound lure

~1 : 12–22

males to females caught (natural ratio ≈ 1 : 1);
many females were carrying eggs (Goretti 2011)

Effect: Removes eggs before they are laid — fewer midges in the next
generation

4.5×

more midges than light or sound alone, with the
catch shifted toward males (Hirabayashi &
Ogawa 1999)

Effect: Thins the swarm, but the remaining females can still lay eggs

Why it matters: a trap that catches egg-carrying females cuts the next generation directly. A trap that catches males mostly thins the swarm you see
today.

Midges & Utah Lake

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CONTROL METHOD · SOUND TRAPS

Sound Traps: Mimicking the Female Wingbeat
The signal

The response

The trap

A female’s wings hum at a specific pitch — about
270–300 Hz for Chironomus plumosus.

Males hear it and fly toward the sound to find a mate
(called phonotaxis).

A speaker plays that tone, usually paired with a black
light, to lure males in.

Source: Hirabayashi & Ogawa (1999).

PROS

CONS

• No chemicals — uses the midges’ own mating signal

• Catches males, so it doesn’t reduce egg-laying the way female-biased traps do

• Can be tuned to a target species

• Pitch is species-specific — Utah Lake’s nuisance species must be identified first

• Paired with light, catches 4.5× more than either alone

• When paired with light, it shares light traps’ bycatch and night-lighting issues

Midges & Utah Lake

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MANAGEMENT CONSIDERATION · WIND

Wind: Where Midges End Up
HOW FAR MIDGES TRAVELED FROM SHORE — LAKE SUWA, JAPAN (HIRABAYASHI 1991)

LAKE

0 – 500 m: most midges stayed here

Up to 3 km: a few carried this far, or onto 45 m-tall buildings

Illustration only; dot counts are not to scale.

WHAT DRIVES IT
• Evening winds (~6:30 pm); activity rose after 6–7
m/s winds (Hirabayashi 1991)
• Wind direction, air temperature, and light also
shaped flight
• Distance from water and vegetation guided where
adults landed (Delettre & Morvan 2000)

Midges & Utah Lake

PROS

CONS

• Non-lethal — nothing removed from the food web

• Fans are an untested idea for midge control

• Midges are weak fliers; small solar fans could clear
patios or pavilions

• Only protects small areas

• Wind + trap-count data is cheap and guides trap
placement

• Based on other lakes — needs local validation

• Wind can push midges toward homes, not just away

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RECOMMENDATIONS

Suggestions Moving Forward
Utah Lake has no site-specific case studies on midge management. Global research shows methods don’t transfer cleanly — several carry consequences that outweigh
their benefits. Primary research should establish whether Utah Lake behaves like the literature, or calls for a different approach.

1

2

3

Benthic Survey

Habitat Mapping

Partnered Field Testing

Confirm the present-day ratio of Chironomidae
genera present. Species composition in a eutrophic
lake can shift within a few years — knowing which
species drive nuisance presence shapes the
management plan.

Classify stretches of shoreline (paved and unpaved)
where midges concentrate, accounting for lighting,
buildings, vegetation, and paths midges frequent.

With species and hotspots identified, marina
authorities can work with entomologists and
universities to test methods — e.g., light
frequencies and sound traps — within the Utah
Lake ecosystem specifically.

Midges & Utah Lake

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COMMUNITY GUIDANCE

What Residents & Visitors Can Do

Redirect outdoor lighting

Seal up at night

Limit shoreline fertilizer

Use wind or water

Point lights away from patios, decks, and
entryways — most adult activity happens
after sundown.

Close blinds, repair screens, or shut
windows to limit how many midges come
indoors.

Less fertilizer near the water means less
nutrient runoff feeding denser midge
populations.

Midges are weak fliers — a breeze or
garden hose spray quickly clears them
from an area.

MYTH-BUSTING: MIDGES ARE NOT MOSQUITOES

✓ Clothing color, body heat, sweat, and CO₂ do not attract them — light is the only real draw
✓ They do not feed as adults, so bug spray and essential oils have no effect
✓ They breed on the open lake, not in yard puddles — and they do not bite, sting, or spread disease

Midges & Utah Lake

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KEY TAKEAWAYS

Midges Are Both
Engine and Nuisance
• Midge larvae now perform nutrient-cycling functions once carried out by Utah Lake’s declining mollusk
population.
• Every control method reviewed — chemical, biological, or physical — carries a documented ecological
trade-off.
• No method has been tested at Utah Lake specifically; local benthic and habitat data should come before any
management action.

Thank you — questions and discussion welcome.

Page 46 of 99

PROCLAMATION 2026-05
A PROCLAMATION RECOGNIZING NOVEMBER 13, 2026, AS WORLD
KINDNESS DAY IN THE CITY OF VINEYARD, UTAH,
WHEREAS, the City of Vineyard recognizes that acts of kindness, whether large or small,
positively impact those offering kindness, those receiving it, and those witnessing it; and,
WHEREAS, kindness transcends differences in age, background, beliefs, and abilities,
strengthening relationships and creating a more compassionate, welcoming, and connected
community; and,
WHEREAS, in 2024, the City of Vineyard became the first city in the State of Utah to be
recognized as a Certified City of Kindness by One Kind Act a Day, demonstrating its
commitment to fostering compassion, service, and meaningful connections among
residents; and,
WHEREAS, individual acts of generosity, compassion, and goodwill inspire others and
demonstrate that even the simplest gestures can make a meaningful difference in the lives
of our neighbors; and,
WHEREAS, World Kindness Day, celebrated annually on November 13, provides an
opportunity to encourage kindness in our homes, schools, businesses, and throughout our
community; and,
WHEREAS, Vineyard Cares, in partnership with the Vineyard Library, is promoting the
message “Small Acts. Real Connection.” through its “One Kind Act a Day” initiative,
encouraging residents to perform simple acts of kindness and inspire others to do the same;
and,
WHEREAS, the City of Vineyard recognizes that fostering a culture of kindness, particularly
among our youth, strengthens community connections, promotes mutual respect, and
contributes to a community where everyone feels valued and supported;
NOW, THEREFORE, BE IT RESOLVED, that I, Zack Stratton, Mayor of Vineyard, Utah, do
hereby proclaim Friday, November 13, 2026, as WORLD KINDNESS DAY in the City of
Vineyard and encourage all residents to celebrate by performing acts of kindness, extending
compassion and goodwill toward others, and continuing the City’s tradition as Utah’s first
Certified City of Kindness.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
of Vineyard, Utah, to be affixed this 13th day of November 2026.
CITY OF VINEYARD, UTAH

ATTEST:

_______________________________
Zack Stratton, Mayor

_____________________________
Robin Raines-Bond, City Recorder

Page 47 of 99

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2
3
4
5

NOTICE OF A REGULAR
CITY COUNCIL MEETING
October 27, 2026, at 6:00 PM

6
7
8
9
10
11
12
13

Present:
Mayor Zack Stratton
Council Member Jacob Holdaway
Council Member Parker McCumber
Council Member Chip Price
Council Member Jacob Wood
Excused: Council Member David Lauret

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Staff Present: Chief Deputy Holden Rockwell with the Utah County Sherrif’s Office, City
Attorney Jesse Riddle City Manager Brian Voeks, City Recorder Robin Bond, Community
Enrichment Director Brian Vawdrey, Deputy City Recorder Tony Lara, Deputy Mayor David
Herring, Environmental Utilities Devan Peterson, Finance Director Evan Smith, Media Specialist
Brailee Tyler, Public Works Director/City Engineer Naseem Ghandour, and Public Works Fleet
Director George Schramm. Public Works Teams Chris Jackson, Tony Tienda, Brian LaFramboise,
and Kelsen Stocking.

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Also Present: Kim Cornelius, Karen Cornelius, Keith Vincent, Terry Ewing, David Hyte, Jane
Pearce, David Pearce, Zach Madsen, Kenny Simeona, Jacob Schooley, Serena Biddulph, Amandee
Baxter, James Reid, and others who did not sign in or whose handwriting was illegible.

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AGENDA

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This meeting can also be viewed on our website:
City Council Meeting •

Agendas & Minutes • CivicClerk

1. CALL TO ORDER
Mayor Stratton called the meeting to order at 6:01 pm.
2. INVOCATION AND PLEDGE OF ALLEGIANCE (BY INVITATION)
Crystal Price gave the prayer and led the Pledge of Allegiance.
3.

PUBLIC COMMENTS (3 MINUTES PER PERSON)
“Public Comments” is defined as time set aside for citizens to express their views. Public
comments can be submitted ahead of time to [email protected].
None.
4.

RECOGNITIONS
4.1. Recognize the Public Works Team for Their Dedication and Hard Work in
Extraordinary Circumstances.

Page 1 of 5; October 27, 2026, City Council Minutes
Page 48 of 99

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Mayor Stratton recognized Vineyard City's Public Works team for their response to a significant
water line break caused by a contractor strike. He expressed appreciation for their professionalism,
dedication, and overnight efforts to restore water service to affected residents.
The City Council and audience applauded the Public Works employees in appreciation of their
service. A photo was taken.
5.

WORK SESSION

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5.1 Discussion on Vineyard City's Fleet (Evan Smith and George Schramm - 15
Minutes)

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Finance Director Evan Smith and Public Works Director George Schramm presented information
regarding the City's vehicle fleet and existing vehicle lease program.

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Mr. Smith reviewed the current lease agreement entered into approximately three years earlier,
financing of approximately $700,000 for ten vehicles, and upcoming lease obligations, including a
significant balloon payment due in February 2027. He acknowledged the existence of negative
equity associated with certain leased vehicles. He presented potential options including:

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Purchasing the vehicles outright.
Refinancing or restructuring the vehicles.
Replacing vehicles through a new lease arrangement.

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Representatives from Ken Garff Fleet Services, Zach Madsen and Kenny Simona, provided
clarification regarding vehicle financing options and lease structures available to governmental
entities.

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Public Works Director George Schramm presented an analysis of current fleet utilization and
proposed adjustments.

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Highlights included:

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Current inventory of 32 passenger vehicles and 9 fleet equipment assets.
Recommendation to dispose of six passenger vehicles.
Reassignment of three vehicles between departments.
Reduction of the passenger fleet from 32 to 26 vehicles, representing approximately an
18.75% reduction.
Discussion of inactive vehicles and aging equipment.
Implementation of telematics, GPS monitoring, fuel card controls, maintenance tracking, and
accountability measures.

Council discussion focused on vehicle ownership versus leasing, long-term financial impacts, fleet
reduction efforts, transparency and accountability measures, and future financial analysis to compare
purchasing and leasing options.
Page 2 of 5; October 27, 2026, City Council Minutes
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No action was taken. Staff was directed to continue evaluating options and return with additional
financial analysis and recommendations.
6.

CONSENT ITEMS
6.1. Approval of the October 13, 2026, City Council Meeting Minutes

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6.2. Approve ORD 2026-11 SB 284 ADU (Accessory Dwelling Units) Compliance
6.3. Accept Resolution 2026-37 Selling of Insignificant Land Parcel B
6.4. Accept Resolution 2026-38 Selling of Insignificant Land Parcel H

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6.5. Accept Resolution 2026-39 Selling of Insignificant Land Parcels T

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MOTION: COUNCIL MEMBER MCCUMBER MOTIONED TO ACCEPT THE CONSENT
ITEMS AS PRESENTED. COUNCIL MEMBER HOLDAWAY SECONDED THE MOTION.
ROLL CALL VOTE: YES: COUNCIL MEMBERS MCCUMBER, HOLDAWAY, WOOD,
AND PRICE. NO: NONE. EXCUSED: COUNCIL MEMBER LAURET. MOTION PASSED
4-0.

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7.

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7.1. Approve Resolution 2026 - 43 Flock Safety (Requested by Council Member Jacob
Wood - 5 Minutes)
Councilmember Jacob Wood presented Resolution No. 2026-43 concerning the City's relationship
with Flock Safety and automated license plate recognition (ALPR) technology. He encouraged
ending flock contracts. He felt public trust had been lost.

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Councilmember Wood explained that the resolution responds to concerns expressed by Vineyard
residents, the resolution is directed at the City's contract with Flock Safety specifically and is not
intended as a permanent prohibition on ALPR technology, and that future councils may consider
ALPR technologies after anticipated legislative action during the 2027 Utah Legislative Session.

BUSINESS ITEMS

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Council discussion addressed:

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Privacy concerns.
Oversight and accountability mechanisms.
Public trust in emerging surveillance technologies.
Benefits of ALPR tools for law enforcement investigations.
Existing safeguards implemented by the Utah County Sheriff's Office.

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Utah County Sheriff's Office representative, Chief Deputy Holden Rockwell described current
safeguards including thirty-day data retention limits, audit and review processes, restrictions on outof-state data sharing, and case number requirements for searches. He stated that this technology was
useful and that Vineyard City had not had any issues related to Flock safety. He supported tools that
helped him and his officers do their job better. His goal was to protect the citizens of Vineyard.

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Following discussion, the Council expressed support for terminating the City's agreement with Flock
Safety while preserving the ability to evaluate other providers in the future.
Page 3 of 5; October 27, 2026, City Council Minutes
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MOTION: COUNCIL MEMBER WOOD MOTIONED TO APPROVE RESOLUTION 202643 FLOCK SAFETY. COUNCIL MEMBER HOLDAWAY SECONDED THE MOTION.
ROLL CALL VOTE: YES: COUNCIL MEMBERS PRICE, WOOD, HOLDAWAY, AND
MCCUMBER. NO: NONE. EXCUSED: COUNCIL MEMBER LAURET. MOTION PASSED
4-0.

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8.

ADJOURN TO A CLOSED SESSION

To discuss pending or reasonably imminent litigation; the character or professional competence
of an individual; the purchase or lease of real property; or to discuss a matter permitted under UCA §

52-4-205.

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8.1 Approve and set a date, time, and location for a closed meeting for a strategy session
to discuss the purchase, exchange, or lease of real property, including any form of a water
right or water shares, or to discuss a proposed development agreement, project proposal, or
financing proposal related to the development of land owned by the state or a political
subdivision.

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8.2 Approve and Set a Date, Time, and Location for a Closed Meeting to Discuss the
Character, Professional Competence, or Physical or Mental Health of an Individual or
Individuals, for Today's Date, at this Location, Following the Completion of the Regular
Agenda. (Two items requested by Council Member Jake Holdaway - 15 minutes)

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8.3 Approve and Set a Date, Time, and Location for a Closed Meeting for a Strategy
Session to Discuss Pending or Reasonably Imminent Litigation for Today's Date, at this
Location, Following the Completion of the Regular Agenda. (One item requested by Council
Member Jake Holdaway - 7 minutes)

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MOTION: COUNCIL MEMBER MCCUMBER MOVED THAT, AT THE CONCLUSION
OF THE REDEVELOPMENT AGENCY MEETING, THE CITY COUNCIL CONVENE
INTO A CLOSED SESSION ON OCTOBER 27, 2026, IN THE VINEYARD COUNCIL
CHAMBERS TO DISCUSS: (1) THE PURCHASE, EXCHANGE, OR LEASE OF REAL
PROPERTY, INCLUDING ANY FORM OF A WATER RIGHT OR WATER SHARES; A
PROPOSED DEVELOPMENT AGREEMENT, PROJECT PROPOSAL, OR FINANCING
PROPOSAL RELATED TO THE DEVELOPOMENT OF LAND OWNED BY THE
STATE OR A POLITICAL SUBDIVISION (2) THE CHARACTER, PROFESSIONAL
COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL OR
INDIDIVIDUALS; AND (3) PENDING OR REASONABLY IMMINENT LITIGATION.
FOLLOWING THE CLOSED SESSION, THE CITY COUNCIL MEETING SHALL BE
ADJOURNED.

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SECONDED BY COUNCIL MEMBER HOLDAWAY. YES: COUNCIL MEMBERS
MCCUMBER, HOLDAWAY, WOOD, AND PRICE. NO: NONE. EXCUSED: COUNCIL
MEMBER LAURET. MOTION PASSED 4-0.
9. ADJOURNMENT
Included in the above motion. The meeting was adjourned at 9:26 pm.

Page 4 of 5; October 27, 2026, City Council Minutes
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MINUTES APPROVED ON:

CERTIFIED (NOTICED) BY:

Page 5 of 5; October 27, 2026, City Council Minutes
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VINEYARD CITY, UTAH
ORDINANCE NO. 2026-15

AN ORDINANCE OF THE CITY OF VINEYARD CITY, UTAH, AMENDING VINEYARD
MUNICIPAL CODE SECTION 2.05.010, AMENDING THE VINEYARD SUBDIVISION
CODE SECTIONS 14.02.070, 14.02.130, 14.02.150, 14.06.020, 14.06.090, 14.08.120,
14.08.130, 14.10.020, 14.10.030, 14.16.020, 14.16.040, AND 14.22, AMENDING THE
VINEYARD ZONING CODE SECTIONS 15.04.020, 15.06.020, 15.06.030, 15.06.040,
15.06.180, 15.08.030, 15.10.020, 15.10.030, 15.10.060, 15.10.070, 15.12.050, 15.14
PART 1 SECTION 1.16, 15.18.030, 15.18.050, 15.18.060, 15.18.070, 15.24.030,
15.32.270, 15.42.020, 15.42.030, 15.42.050, 15.42.060, 15.42.070, 15.42.080,
15.42.090, 15.42.100, 15.42.130, 15.52.020, 15.52.080, 15.52.090, AND 15.52.100,
ENACTING VINEYARD ZONING CODE SECTIONS 15.04.040, 15.18.055, AND
15.34.260, REPEALING AND REENACTING VINEYARD ZONING CODE SECTION
15.52.120, AND AMENDING SECTION 1.04.030(C) OF THE CONSTRUCTION AND
DESIGN SPECIFICATIONS, TO CONFORM THE CITY’S LAND USE REGULATIONS
TO SENATE BILL 284 (2026 GENERAL SESSION), UTAH CODE SECTIONS 10-20102, 10-20-205, 10-20-301, 10-20-302, 10-20-502, 10-20-507, 10-20-625, 10-20-806,
10-20-807, 10-20-902, 10-20-905, 10-20-911, 10-20-1001, 10-20-1101, 10-20-1105, 1020-1106, 10-20-1107, AND 10-20-1109, AND MAKING MISCELLANEOUS
REFINEMENTS AND CLEANUP TO THE CITY’S LAND USE REGULATIONS.
WHEREAS, Vineyard is authorized to amend the City Subdivision Ordinance and the
City Zoning Ordinance pursuant to Utah Municipal Code 10-20-801; and
WHEREAS, the Utah Legislature enacted Senate Bill 284, Local Land and Water
Modifications, during the 2026 General Session, which the Governor signed on March
18, 2026, and which amends and enacts provisions of Utah Code Title 10, Chapters 20
and 21, effective May 6, 2026; and
WHEREAS, in addition to the amendments required by Senate Bill 284, this Ordinance
makes miscellaneous refinements and cleanup to the City’s land use regulations,
including correcting outdated statutory citations and removing references to the Board
of Adjustment, whose duties were previously transferred to the Land Use Hearing
Officer; and
WHEREAS, Vineyard City is a city described in Utah Code § 10-20-302(5)(a)(i), and is
therefore subject to the annual land use training requirement for planning commission
members and to the prohibition, beginning July 1, 2026, against designating the City’s
legislative body as an appeal authority; and

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WHEREAS, Utah Code § 10-20-102(35) limits an improvement warranty period to one
year after the municipality accepts the required landscaping or infrastructure, and
permits a longer period for infrastructure only upon a good-cause determination
supported by substantial evidence on record; and
WHEREAS, Utah Code § 10-20-102(79)(c) excludes eight categories of land division
from the definition of “Subdivision”, and defines “boundary adjustment” and “boundary
establishment” at Subsections (7) and (8); and
WHEREAS, the City’s Subdivision Code sets a two-year improvement warranty period
at VSC 14.16.040, omits five of the eight statutory exclusions at VSC 14.02.070, and
does not define “boundary adjustment” or “boundary establishment” at VSC 14.22, and
the City’s Zoning Code assigns removal of planning commission members to the Mayor
at VZC 15.06.030; and
WHEREAS, Utah Code § 10-20-301(1)(b)(iv)(A) requires the ordinance establishing a
planning commission to specify that, in a form of government described in Utah Code §
10-3b-301, the legislative body may remove a planning commission member, and
Vineyard City operates under the six-member council form of government described in
Utah Code § 10-3b-301 as provided in VMC 2.02.010; and
WHEREAS, Utah Code § 10-20-302 requires the City’s application processes to protect
the right of a land use applicant and an adversely affected party to require formal
consideration of an application by a land use authority and to appeal to a separate
appeal authority, and requires each planning commission member to complete four
hours of annual land use training; and
WHEREAS, Utah Code §§ 10-20-502 and 10-20-205 require the planning commission
to consider and forward to the legislative body each written objection to a proposed
zoning map enactment or amendment, prescribe the content and timing of the related
notice, and, beginning September 15, 2026, permit the legislative body to act on a
proposed land use regulation without waiting for a planning commission
recommendation; and
WHEREAS, Utah Code § 10-20-905(2)(b) permits an applicant to request in writing that
the land use authority take final action on an application within forty-five days from the
date of service of the request; and
WHEREAS, Utah Code § 10-20-507 requires the City to incorporate into its land use
ordinances a process for classifying and approving a new or unlisted business use, and
requires each land use ordinance containing a list of approved or prohibited business
uses to reference that process; and

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WHEREAS, Utah Code § 10-20-625 provides that a model home or open house may
not be regulated differently than a residential use and that any provision doing so is
void; and
WHEREAS, Utah Code § 10-20-806 governs the review of subdivision applications and
subdivision improvement plans, including the stage at which subdivision improvement
plans may be required and the remedies available under Utah Code § 10-20-911(4)(d)
when the City fails to respond on the fourth or final review; and
WHEREAS, Utah Code § 10-20-807 governs improvement completion assurance and
improvement warranties, requiring the partial release of an assurance as improvements
are completed and accepted, capping the amount of assurance the City may hold,
identifying the improvements for which an assurance may not be required, limiting the
improvement warranty security to ten percent, and barring the City from requiring a
completion assurance for the landscaping of residential lots; and
WHEREAS, Utah Code § 10-20-902 governs when an applicant is entitled to approval
of an application, requires the City beginning October 1, 2026 to publish an application
checklist for each land use application type, bars the City from unreasonably
withholding a certificate of occupancy where the requirements essential for public
health, safety, and welfare have been met, and limits the City’s authority to change, add
to, or revoke a building permit after it has issued; and
WHEREAS, Utah Code § 10-20-911(3) requires the City, before disposing of surplus
real property that was acquired by exaction and has been owned by the City for less
than fifteen years, to first offer to reconvey the property, without additional
consideration, to the person who granted it; and
WHEREAS, Utah Code § 10-20-1001 limits the City’s authority to enforce its land use
ordinances by withholding a building permit or certificate of occupancy, defines the
infrastructure improvements that are essential for that purpose, governs the completion
of public sidewalks and the assurances posted for them, and classifies construction
without building permit approval as an infraction; and
WHEREAS, Utah Code §§ 10-20-1101, 10-20-1105, 10-20-1106, 10-20-1107, and 1020-1109 govern appeal authorities and appeal procedures, requiring the City to provide
for appeals from a fee charged in accordance with Utah Code § 10-20-904, prohibiting
the City’s legislative body from being designated an appeal authority beginning July 1,
2026, prescribing the burden of proof on appeal, limiting who may present or speak at
an appeal hearing, directing that a land use regulation be interpreted and applied to
favor a land use application unless the regulation plainly restricts it, and governing
judicial review of a land use decision; and

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WHEREAS, the Planning Commission held a public hearing on ______________, 2026
and, after fully considering public comments and staff recommendations, recommended
approval to the Vineyard City Council; and
WHEREAS, the Vineyard City Council, having reviewed the proposed text amendment,
held a public hearing on ______________, 2026; and
WHEREAS, the Vineyard City Council, having considered the recommendation of the
Planning Commission and the comments submitted by the public, has determined that it
is in the best interest of the public health, safety, and welfare to adopt the proposed text
amendment to the subdivision ordinance;
NOW, THEREFORE, be it ordained by the City Council of Vineyard City, in the State of
Utah, as follows:
Section 1: Section 14.22 “Definitions” of the Vineyard Subdivision Code is amended as
follows:
BOUNDARY ADJUSTMENT: An agreement between adjoining property owners
to relocate a common boundary that results in a conveyance of property between
the adjoining lots, adjoining parcels, or adjoining lots and parcels. Boundary
adjustment does not mean a modification of a lot or parcel boundary that creates
an additional lot or parcel, or that is made by the Department of Transportation.
BOUNDARY ESTABLISHMENT: An agreement between adjoining property
owners to clarify the location of an ambiguous, uncertain, or disputed common
boundary. Boundary establishment does not mean a modification of a lot or
parcel boundary that creates an additional lot or parcel, or that is made by the
Department of Transportation.
Section 2: Section 14.02.070 “Subdivision Not To Include” of the Vineyard Subdivision
Code is amended as follows:
As provided by the Act and for the purposes of this Ordinance “Subdivision” does not
include:
1. A bona fide division or partition of land used for agricultural purposes as
provided in UC Section 10-20-808(2);
2. A Boundary Adjustment;
3. A recorded conveyance document:
a. Consolidating multiple lots or parcels into one legal description
encompassing all lots by reference to a recorded plat and all parcels by
metes and bounds description; or

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b. Joining a lot to a parcel;
4. A Boundary Establishment;
5. A bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
a. Is in anticipation of future land use approvals on the parcel or parcels;
b. Does not confer any land use approvals; and
c. Has not been approved by the Land Use Authority;
6. A road, street, or highway dedication plat;
7. A deed or easement for a road, street, or highway purpose; or
8. Any other division of land authorized by law.
Section 3: Section 14.16.040 “Condition Of Improvements Guaranteed” of the Vineyard
Subdivision Code is amended as follows:
The Applicant(s) shall warrant and guarantee the improvements provided for herein and
every part thereof, will remain in good condition for a period of one (1) year, after the
City Engineer has initially accepted the improvements, and agree to make all repairs to
and maintain the improvements and every part thereof in good working condition during
the guarantee period with no cost to the city.
The improvement warranty period for required infrastructure may exceed one (1) year
only if the city:
(a) determines, based on accepted industry standards and for good cause, that a
one-year period would be inadequate to protect the public health, safety, and
welfare; and
(b) has substantial evidence, on record, of prior poor performance by the
Applicant(s), or that the area upon which the infrastructure will be constructed
contains suspect soil and the city has not otherwise required the Applicant(s) to
mitigate the suspect soil.
Section 4: Section 15.06.030 “Vineyard Planning Commission” of the Vineyard Zoning
Code is amended as follows:
1. Powers and Duties. The Commission shall be an advisory body to the
Council on legislative matters pertaining to the City’s General Plan and Land Use
Ordinances, and shall act as a Land Use Authority exercising administrative and
quasi-judicial functions where this Ordinance so provides. The Commission shall:

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a. Prepare, or cause to be prepared, the General Plan, any proposed plan
element, any amendments thereto, and to submit the proposed plan,
element, or amendments to the Council.
b. Prepare or cause to be prepared all Land Use Ordinances, including
this Ordinance, Zoning Districts Maps, Official Maps, and any
amendments thereto, and to submit such Land Use Ordinances, or
amendments thereto to the Council.
c. Review and recommend approval or denial of all Applications for a
General Plan Amendment and Land Use Ordinance Amendment to the
Council.
d. Review and render a decision of approval, approval with conditions or
denial regarding conditional use applications.
e. Review and recommend approval, approval with conditions, or denial of
all Subdivision Applications to the Council, as authorized by the Vineyard
Subdivision Ordinance.
f. Determine and render a written interpretation of the boundary of a
Zoning District, as provided by VZC 15.04.030.
g. Adopt bylaws, policies, and procedures for the conduct of the duties
and meetings of the Commission, for the consideration of Applications and
for any other purposes deemed necessary by the Commission, provided
that such bylaws, policies, and procedures are approved by the Council
before taking effect.
h. Advise the Council on other matters, as the Council may direct.
2. Commission Membership, Appointment, Terms, Removal, and
Vacancies.
d. All members of the Commission shall serve at the discretion of the
Council for a term of four (4) years. No member shall serve more than two
(2) consecutive terms. Terms shall begin on January 1 of each calendar
year. Members’ terms are to be staggered so that no more than three (3)
appointments shall expire each year on January 1. A Commission
member shall not be automatically reappointed to a second term.
e. Commission members may be removed by the Council. In accordance
with UC Section 10-20-301(1)(b)(iv)(A), and because Vineyard City
operates under the six-member council form of government described in
UC Section 10-3b-301, the legislative body may remove a Commission
member.
f. A Commission member may be removed by the Council if three (3)
consecutive or twenty-five (25) percent of the Commission meetings in a
calendar year are missed. If the absence of a Commission member is due
to an extended illness or vacation, the Commission member is responsible
to provide written notice to the Council prior to the time the absence will
occur. If such notice is given, these removal requirements do not apply.

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g. Commission vacancies occurring for any reason shall be filled by the
Mayor, with the advice and consent of the Council. Vacancies on the
Commission occurring in ways other than through the expiration of terms
shall be filled for the remainder of the unexpired term.
h. A Commission member may be removed by the Council for any of the
following causes:
i. Using public funds for a political purpose under Utah Code Title
20A, Chapter 11, Part 12, Political Activities of Public Entities Act;
ii. Violating a provision of Utah Code Title 10, Chapter 3, Part 13,
Municipal Officers’ and Employees’ Ethics Act; or
iii. Acting with the intent to influence a land use decision or an
appeal of a pending land use application in a manner that creates
actual impermissible bias or an unacceptable risk of impermissible
bias in the Commission member’s administrative or quasi-judicial
duties.
i. Notwithstanding Subsections (2)(e), (2)(f), and (2)(h), a Commission
member’s deliberating about a specific pending land use application in a
Commission meeting with municipal staff, an elected official, or the land
use applicant is not cause for removing the Commission member from the
Commission.
j. Recusal. A Commission member shall recuse the member from
deliberating or voting on a land use application if the member has a
financial or property interest in the application, the subject property, or the
applicant; has a conflict of interest under Utah Code Title 10, Chapter 3,
Part 13, Municipal Officers’ and Employees’ Ethics Act; or, other than
conduct described in Subsection (2)(i), has engaged in conduct or
communication that creates actual impermissible bias or an unacceptable
risk of impermissible bias in the member’s administrative or quasi-judicial
duties.
i. A member who recuses shall state the basis for the recusal on
the record before deliberation on the application begins, shall not
participate in the deliberation or vote, and shall have the recusal
recorded in the minutes.
ii. An alternate member may be seated in place of a recused
member for the application from which the member is recused.
10. Training.
a. Each Commission member shall complete four (4) hours of annual land
use training, consisting of:
i. One (1) hour of annual training on general powers and duties,
including the role of the Commission in administrative, legislative,
and quasi-judicial functions under Utah Code Title 10, Chapter 20;
and

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ii. Three (3) hours of annual training on a combination of land use
and ethics topics, which may include appeals and variances;
conditional use permits; exactions; impact fees; vested rights;
subdivision regulations and improvement guarantees; land use
referenda; property rights; real estate procedures and financing;
zoning, including use-based and form-based; drafting ordinances
and code that complies with statute; ex parte communication; and
conflict of interest.
b. A Commission member may qualify for one (1) completed hour of the
training required under Subsection (10)(a)(ii) if the member attends, as an
appointed member, twelve (12) public meetings of the Commission within
a calendar year.
c. The city shall provide the training required by this Subsection through
city staff, the Utah League of Cities and Towns, or a list of training courses
selected by the Utah League of Cities and Towns or the Division of Real
Estate.
d. A newly appointed Commission member may not participate in a public
meeting as an appointed member until the member completes the training
described in Subsection (10)(a)(i).
e. The city shall, for each Commission member, monitor compliance with
the training requirements of this Subsection and maintain a record of
training completion at the end of each calendar year.
Section 5: Section 15.08.030 “Legislative And Administrative Proceedings” of the
Vineyard Zoning Code is amended as follows:
3. Administrative Proceedings. The following types of Applications are hereby
declared to be administrative matters and subject to administrative proceedings:
a. Temporary Use (T) Applications.
b. Permitted Use (P-1) Applications.
c. Permitted Use (P-2) Applications.
d. Conditional Use (C) Applications.
e. Applications for Determinations of Legal Nonconforming Uses,
Noncomplying Structure(s), and other Nonconformities.
f. Sign Permit Applications.
g. Variance Applications.
h. Building Permit Applications.
i. All other Applications for any necessary Approval, Permit, or License
required by the provisions of this Ordinance, and all other Land Use
Ordinances, not identified to be a legislative proceeding, as identified by
this Chapter.

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4. Administrative Proceedings—Decision Standards. All decisions regarding an
administrative proceeding shall be based on the “substantial evidence” standard
including, as a minimum the following:
a. A Statement of the standards for approval applicable to the Application;
b. A summary of evidence presented to the Land Use Authority;
c. A Statement of findings of fact or other factors considered, including the
basis upon which such facts were determined and specific references to
applicable standards, as set forth in this Ordinance, other Land Use
Ordinances, and other provisions and requirements of Federal, State, and
Local Law.
d. A Statement of approval, approval with requirements or conditions, or denial,
as applicable.
e. The Land Use Authority, as applicable, shall identify and include any findings
of fact for the decision of administrative matters.
5. Administrative Proceedings — Notice, Formal Consideration, and
Appeal.
a. Before the Planner renders a decision on a Temporary Use (T) or
Permitted Use (P-1) Application, the Planner shall provide notice of the
Application as provided by VZC 15.18.55.
b. A land use applicant or an adversely affected party may require formal
consideration of an Application by a Land Use Authority at a scheduled
public meeting. A request for formal consideration shall be submitted in
writing to the Planner within ten (10) days after notice of the Application is
provided. Upon a timely request, the Application shall be scheduled for
consideration by the Planning Commission.
c. A land use applicant or an adversely affected party may appeal a Land
Use Authority’s decision on an Application to the Land Use Hearing
Officer, as provided by VZC 15.52.
Section 6: Enactment of Section 15.18.055 “Required Notice Of Applications Decided
By The Planner” of the Vineyard Zoning Code is enacted as follows:
15.18.055 Required Notice of Applications Decided By The Planner
When the Planner is the Land Use Authority for an Application and the
Application is not scheduled for a public hearing or public meeting, the Planner
shall provide notice as follows:
1. Notice of the Application, at least 10 calendar days before the Planner renders
a decision on the Application, which notice shall be:

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a. Posted in at least three (3) public locations within the city; or on the
city’s official website; and
b. Posted in other locations as required by Utah State Code.
2. Notice provided under this Section shall state the nature and location of the
Application, the date on or after which the Planner may render a decision, and
the right to require formal consideration of the Application as provided by VZC
15.08.030.
3. The Planner shall notify the Applicant of the Planner’s decision on the
Application.
Section 7: Section 15.10.070 “Procedures For Amending Land Use Ordinances, Zoning
Districts Maps, And Other Official Maps Amendments” of the Vineyard Zoning Code is
amended as follows:
3. Commission Public Hearing Required. Prior to recommending a Land Use
Ordinance, Zoning Districts Map, or Official Map Amendment Application to the
Council, the Commission shall consider the Application at a public hearing by
providing a minimum of ten (10) days notice of the Commission public hearing,
as required by LUDMA, and VZC 15.18. If applicable, the Commission shall
consider each written objection filed in accordance with UC Section 10-20-205(5)
before the public hearing.
5. Commission Recommendation Transmitted to Council. After the
Commission has conducted a public hearing, reviewed the Application, and
made its recommendation, the Commission shall transmit to the Council a copy
of the Commission’s recommendation and the meeting minutes, and all other
relevant materials of the proceedings before the Commission. The Commission
shall forward to the Council each written objection filed in accordance with UC
Section 10-20-205(5). Following receipt of a copy of the Land Use Ordinance,
Zoning Districts Map, or Official Map Amendment recommendation from the
Commission, and all other materials, the City Recorder, or designee shall
schedule a public hearing with the Council to consider the Commission
recommendation of the Land Use Ordinance, Zoning Districts Map, or Official
Map Amendment Application.
8. Council Action Without Commission Recommendation. The Council may
adopt or reject a proposed Land Use Ordinance, Zoning Districts Map, or Official
Map Amendment without waiting for a recommendation from the Commission if:
a. A land use applicant makes a written request described in UC Section
10-20-905(2)(b); or
b. The Council determines that the Commission has had adequate time to
consider the proposed Land Use Ordinance, Zoning Districts Map, or
Official Map Amendment.

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9. Applicant Request For Final Action. After a reasonable period of time to
allow consideration of the Application, an Applicant may request in writing that
the Council take final action on the Application within forty-five (45) days from the
date of service of the written request, as provided by UC Section 10-20905(2)(b).
Section 8: Section 15.18.030 “Required Notice Of Public Hearings And Public Meetings
On Adoption Or Amendments Of Land Use Ordinances, Including This Ordinance And
Zoning Districts Map” of the Vineyard Zoning Code is amended as follows:
1. Public Hearings. The Planner for public hearings before the Commission, and
the City Recorder, or designee for public hearings before the Council, shall
provide notice of the public hearing to consider the adoption or amendments of
the Land Use Ordinances, including this Ordinance, and Zoning Districts Map, as
follows:
a. Notice of the date, time, and place of each public hearing, at least ten
(10) calendar days before the public hearing, which notice shall be:
i. Mailed to each “affected entity” identified as defined by LUDMA;
ii. Posted in at least three (3) public locations within the city; or on
the city’s official website; and
iii. Posted in other locations as required by Utah State Code.
b. Notice of the date, time, and place of each public hearing mailed at
least ten (10) days prior to the public hearing to each property owner
whose land is directly affected by the Land Use Ordinance, or Zoning
Districts Map change.
c. For a proposed Zoning Districts Map enactment or amendment, the
notice required by Subsection (1)(b) shall also identify each owner of
record of real property that will be affected; state the current zone in which
the property is located and the proposed new zone; provide information
regarding or a reference to the proposed regulations, prohibitions, and
permitted uses the property would be subject to; state that the owner may,
no later than ten (10) days after the day of the first public hearing, file a
written objection to the inclusion of the owner’s property; state the address
where the objection is to be filed; state that each written objection filed
with the city will be provided to the Council; and state the location, date,
and time of the public hearing.
d. For a proposed modification to the text of this Ordinance, the notice
posted under Subsection (1)(a) shall include a summary of the effect of
the proposed modifications designed to be understood by a lay person, or
a direct link to the page on the city’s website where that summary is
posted, and shall be provided to any person upon written request.
Section 9: Sections 14.10.020 and 14.10.030 of the Vineyard Subdivision Code are
amended as follows:

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14.10.020 Notice Required For Public Hearings And Public Meetings To
Consider The Adoption Or Any Modifications Of This Ordinance And Notice
Of Final Action
Notice shall be provided as required by SectionUtah Code Title 10,
Chapter 20, Municipal Land Use, Development, and Management Act, as
amended.
14.10.030 Notice Required For Public Hearings And Public Meetings To
Consider An Amendment To A Final Subdivision Plat
Notice shall be provided as required by SectionUtah Code Title 10,
Chapter 20, Municipal Land Use, Development, and Management Act, as
amended.
Section 10: Section 15.10.030 “Procedures For Amending The General Plan” of the
Vineyard Zoning Code is amended as follows:
8. Applicant Request For Final Action. After a reasonable period of time to
allow consideration of the General Plan Amendment Application, an Applicant
may request in writing that the Council take final action on the Application within
forty-five (45) days from the date of service of the written request, as provided by
UC Section 10-20-905(2)(b).
Section 11: Section 15.04.020 “Administrative Interpretations” of the Vineyard Zoning
Code is amended as follows:
5. Standards for Making an Administrative Interpretation. The Planner shall
apply the following standards in making an administrative interpretation:
d. An administrative interpretation concerning a use interpretation shall not
allow the establishment of a use that is substantially different or a
prohibited use in the Zoning District, except as provided by VZC
15.04.040.
In determining whether a proposed business use aligns with an existing
land use specified in this Ordinance, the Planner shall consider the nature
and operating characteristics of the proposed use; its impacts on traffic,
parking, noise, hours of operation, and surrounding properties; and its
consistency with the purposes of the Zoning District. If the Planner
determines that a proposed business use aligns with an existing land use,
the Applicant may proceed under the regulations applicable to that
existing use.
An Applicant may appeal the Planner’s determination under this Section to
the Land Use Hearing Officer, as provided by VZC 15.52.
Section 12: Section 15.04.040 “New And Unlisted Business Uses” of the Vineyard
Zoning Code is enacted as follows:

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1. If the Planner determines under VZC 15.04.020 that a proposed business use
does not align with an existing land use specified in this Ordinance, the proposed
use is a new or unlisted business use, and the Applicant may submit to the
Council an application requesting that the Council adopt a land use ordinance
permitting the new or unlisted business use as a permitted or conditional use.
2. Notwithstanding VZC 15.10.070 or any other provision of this Ordinance, an
Applicant shall not be required to submit an application described in Subsection
(1) to the Commission for consideration, review, or approval.
3. The Council shall consider and approve or deny an application described in
Subsection (1) within forty-five (45) business days after the application is
submitted, provided that the Applicant responds to requests for additional
information within the time frame established by the city and appears at required
hearings.
4. If the Council approves the application, the Council shall designate an
appropriate zone or zones for the approved use.
5. If the Council denies the application, or if the Applicant disagrees with the
Planner’s classification of the proposed use, the City shall notify the Applicant in
writing of each reason for the classification or denial and of the process for
appealing the Council’s decision in accordance with UC Section 10-20-1109.
6. This Section applies notwithstanding any provision of this Ordinance, including
any district use table or list of permitted or prohibited uses adopted under VZC
15.12 or VZC 15.14, that prohibits a use solely because the use is not listed.
Section 13: Section 15.12.050 “District Use Table” of the Vineyard Zoning Code is
amended as follows:
2. Prohibited Uses: All uses marked with an “x” in the district use table or not
specifically listed are prohibited, except where state or federal law otherwise
preempts local land use regulation. A proposed business use that is not listed
may be classified or approved as provided by VZC 15.04.020 and VZC
15.04.040.
7. Common Area Amenities: In a new development, common area amenities,
including landscaping and any other amenity to be dedicated to and maintained
by a homeowners association, may be approved only through a development
agreement that governs the design and installation of the amenities and requires
an improvement completion assurance.

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Hold discussion on needing all developments except single-family and two-family need
to have a development agreement if you want to be able to enforce landscaping
standards with completion assurance.
14(2)(d) A municipality may not require an applicant to post an improvement
completion assurance for:
(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;
14(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.
(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.
14(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.
19(4) A municipality may not deny an applicant a building permit or certificate of
occupancy for failure to:
(a) submit a private landscaping plan, as defined in Section 10-20-807; or
(b) complete a landscaping improvement that is not a public landscaping
improvement, as defined in Section 10-20-807.
15(1)(l) A municipality:
(i) may require the submission of a private landscaping plan, as defined in
Section 10-20-807, before landscaping is installed; and
(ii) may not withhold an applicant's building permit or certificate of occupancy
because the applicant has not submitted a private landscaping plan.
Section 14: Section 1.16 “Planned Development Layout Plan And/Or Development
Agreement May Be Required” of VZC 15.14 Part 1, Planned Development Overlay
District (PD), of the Vineyard Zoning Code is amended as follows:
1.16 Planned Development Layout Plan And Development Agreement May
Be Required

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A Planned Development Project Plan (“Project Plan”) shall be presented
to the Commission for recommendation, and approval by the Council,
concurrent with and as part of the Application for a Zoning Districts Map
Amendment Application to establish a Planned Development Overlay
District (PD). The Project Plan must identify the subdivision features being
provided for the benefit of the subdivision and community residents and
the techniques to provide uniform and compatible site and building
standards when the project area is completely built out. The Planned
Development Project Plan must demonstrate compliance with the
requirements of this Chapter, VZC 15.36, and all other requirements of all
Land Use Ordinances, as applicable.
The Planned Development Project Plan will be required to be
accompanied by, or included within, the provisions of a Development
Agreement, when deemed necessary by the Council. The Planned
Development Project Plan shall include all property proposed for a
Planned Development Overlay District (PD) and shall show all phases of
the development (including any phasing plans). Once approved by the
Council, the Project Plan shall be controlling for all required future
Approvals, Permits, and Licenses, including but not limited to, Subdivision
and Use Applications, and any other requirements of all Land Use
Ordinances, as applicable.
Section 15: Section 15.34.260 “Model Homes And Open Houses” of the Vineyard
Zoning Code is enacted as follows:
A model home or open house, as those terms are defined in UC Section 10-20625(1), shall be regulated the same as the residential use of the dwelling in
which it is located. Notwithstanding any other provision of this Ordinance,
including any district use table, any list of permitted or prohibited uses adopted
under VZC 15.12 or VZC 15.14, and any limitation on the number of model
homes permitted, no provision of this Ordinance shall regulate a model home or
open house differently than a residential use. As provided by UC Section 10-20625(3), any such provision is void.
Section 16: Section 14.06.020 “Requirements For Preliminary Subdivision Applications”
of the Vineyard Subdivision Code is amended as follows:
7. Preliminary Civil Drawings. Preliminary Civil Drawings shall include a
preliminary site plan and preliminary utility plan that shows connectivity to
adjacent properties. Preliminary Civil Drawings required by this Part 7 are not
Subdivision Improvement Plans as defined by UC Section 10-20-806(1)(c).
Subdivision Improvement Plans are required with the Final Subdivision

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Application only, as provided by VSC 14.08.030 Part 6 and UC Section 10-20806(3)(b).
Section 17: Section 14.08.130 “Appeal Of Final Subdivision Application Decisions” of
the Vineyard Subdivision Code is amended as follows:
Any person(s) aggrieved by a decision of the Development Review Committee
(DRC) concerning a Final Subdivision Application may appeal the decision within
twenty (20) business days of the
decision.
1. For disputes relating to public improvement or engineering standards, or
where the City has failed to respond within twenty (20) business days on the
fourth or final Review Cycle of Subdivision Improvement Plans as provided by
UC Section 10-20-806, in which ‘Review Cycle,’ ‘Subdivision Improvement
Plans,’ and ‘Subdivision Ordinance Review’ are defined, the City shall assemble
a three (3) person panel of experts to review and approve or deny the final
revised set of plans. The applicant shall pay fifty (50) percent of the total cost of
the panel and the City’s published appeal fee, and the City shall pay for fifty (50)
percent of the panel. The panel shall meet within ten (10) business days of
receiving an appeal request from the applicant. No member of the panel may
have an interest in the application that is the subject of the appeal. Where the
panel is assembled because the City failed to respond as provided by UC
Section 10-20-806, the City shall assemble the panel upon the written request of
the property owner and within ten (10) business days after the day on which the
request is received. The panel shall consist of:
a. One Utah licensed professional engineer designated by the City,
b. One Utah licensed professional engineer designated by the land use
applicant, and
c. One Utah licensed professional engineer, agreed upon, and designated
by the two designated engineers.
2. The panel’s decision shall be final, unless the City or the Applicant petition the
District Court for review within thirty (30) days after the final written decision is
issued.
3. For a dispute arising from the Subdivision Ordinance Review on which the City
has failed to respond within twenty (20) business days on the fourth or final
Review Cycle as provided by UC Section 10-20-806, the City shall, upon the
written request of the property owner and within ten (10) business days after the
day on which the request is received, advise the applicant in writing of the
deficiency in the application and of the right to appeal the determination to the
Appeal Authority identified by VSC 14.02.170.
4. For all other disputes, the applicant may appeal the decision to the District
Court, as provided by VZC 15.52.

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Section 18: Section 14.16.020 “Guarantee Of Installation Of Improvements” of the
Vineyard Subdivision Code is amended as follows:
1. Methods: The Applicant(s) shall guarantee the installation by one of the
methods specified as follows:
a. The Applicant(s) may deposit in escrow with an escrow holder approved
by the Council an amount of money equal to the cost of the improvements,
including an additional ten percent (10%) to cover administrative costs
incurred by the city to complete the improvements, if necessary, not then
installed as estimated by the City Engineer, under an escrow agreement
to assure the installation of said improvements within a two (2) year period
from the approval of the Final Subdivision Application by the Council. The
escrow agreement shall be approved by the Council and City Attorney and
shall be filed with the City Recorder.
b. The Applicant(s) may furnish and file with the City Recorder a letter of
credit in an amount equal to the cost of the improvements, including an
additional ten percent (10%) to cover administrative costs incurred by the
city to complete the improvements, if necessary, not previously installed
as estimated by the City Engineer to assure the installation of such
improvements within a two (2) year period immediately following the
approval of the Final Subdivision Application by the Commission, which
letter of credit shall be approved by the City Attorney.
2. Administration: The Council is authorized to prescribe by administrative rule or
regulation, forms and procedures to ensure the orderly, regular, and efficient
processing of applications for the approval of a proposed subdivision and the
strict compliance with the requirements of this title.
3. Phased Development: Whenever the Applicant(s) develops a subdivision a
portion at a time, such development shall be in an orderly manner and in such a
way that the required improvements will be continuous and all of the said
improvements will be made available for the full, effective and practical use and
enjoyment thereof by the lessees or grantees of any of the lands subdivided
within the time specified herein.
Phased development plans shall be required as part of the Preliminary
Subdivision Application.
4. Partial Release Of Guarantee: As portions of the required improvements are
completed and accepted by the City Engineer, the city shall partially release the
guarantee posted under Part 1 of this Section in proportion to the improvements
completed and accepted. Following a partial release, the remaining guarantee
shall not exceed the sum of one hundred percent (100%) of the estimated cost of
the improvements that remain incomplete or unaccepted and the additional ten
percent (10%) provided by Part 1 of this Section, as provided by UC Section 1020-807(3)(b)(ii) and (5).

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a. Request. An Applicant may request a partial release of the guarantee
by submitting a written request to the City Engineer identifying the
improvements the Applicant represents to be complete.
b. Inspection, Acceptance, and Release. The City Engineer shall inspect
the improvements identified in the request and shall, within 30 days__
business days after the date the request is received, either accept the
improvements and release the corresponding portion of the guarantee or
provide the Applicant a written statement of the deficiencies preventing
acceptance.
5. Public Sidewalk Completion Assurance: An Applicant may post an
improvement completion assurance for a public sidewalk separate from an
improvement completion assurance for any other infrastructure improvement or
for a public landscaping improvement, as defined in UC Section 10-20-807. An
improvement completion assurance securing the installation of a public sidewalk
will not be redeemed sooner than eighteen (18) months after the date the
improvement completion assurance is posted. Occupancy may be withheld for
single-family or two-family or townhome residence, however, if the sidewalk
located immediately adjacent to the residence or town home is not completed,
see Section 14.02.130 (5)(f).
6. Improvements For Which A Guarantee Shall Not Be Required: An Applicant
will not be required to post a guarantee under Part 1 of this Section for:
a. A public landscaping improvement, as defined in UC Section 10-20807, or an infrastructure improvement, that the city has previously
inspected and accepted;
b. An infrastructure improvement that is 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;
c. In a municipality where ordinances require all infrastructure
improvements within the area to be private, an infrastructure improvement
within a development that the city requires to be private;
d. A landscaping improvement that is not a public landscaping
improvement, as defined in UC Section 10-20-807, unless the landscaping
improvement and a completion assurance for it are required under the
terms of a development agreement;
e. A private landscaping plan, as defined in UC Section 10-20-807;
f. A landscaping improvement or infrastructure improvement that an
Applicant elects to install at the Applicant’s own risk before the Final Plat
is recorded, in accordance with the inspections required by the city for the
infrastructure improvement and in accordance with the city’s approval of
the final civil engineering plans, as provided by VSC 14.06.090 and VSC
14.08.120; or

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g. An individual public landscaping improvement or individual
infrastructure improvement that is also included as part of a separate
improvement completion assurance.
7. Conditions On Posting A Guarantee Or Receiving A Building Permit: An
Applicant will not be required to sign an agreement, release, or other document
that is inconsistent with UC Section 10-20-807, as a condition of posting a
guarantee, posting security for an improvement warranty, or receiving a building
permit.
8. Improvement Warranty And Warranty Security: The city may require an
Applicant to execute an improvement warranty and to post security for the
improvement warranty only as provided by this Part and UC Section 10-20807(6).
a. Trigger. The requirement applies upon the 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 UC Section 10-20-905, and for the duration of each
improvement warranty period.
b. Form And Amount. The security may be a cash deposit, surety bond,
letter of credit, or other similar security as required by the City, in an
amount not exceeding ten percent (10%) of the lesser of the City
Engineer’s original estimated cost of completion or the Applicant’s
reasonable proven cost of completion.
c. Timing. Payment or deposit of the improvement warranty security will
not be required for an infrastructure improvement or a public landscaping
improvement, as defined in UC Section 10-20-807, before the Applicant
indicates through written request that the Applicant has completed the
improvement.
d. Relationship To The Guarantee. The security required by this Part is
separate from and in addition to the guarantee required by Part 1 of this
Section. The additional ten percent (10%) included in a guarantee under
Part 1 covers the city’s administrative costs and does not constitute
security for an improvement warranty.
9. Independence Of Guarantees And Warranties: Each guarantee posted under
Part 1 of this Section, and each improvement warranty and warranty security
posted under Part 8 of this Section, is independent of every other guarantee,
improvement warranty, and warranty security posted by the same Applicant with
the city. Subject to UC Section 10-20-905, if an Applicant has posted a form of
security with the city for more than one infrastructure improvement or public
landscaping improvement, as defined in UC Section 10-20-807, acceptance of
the Applicant’s required subdivision improvements, public landscaping
improvements, or infrastructure improvements, or the performance of warranty
work, will not be withheld because of the same Applicant’s failure to complete a
separate subdivision improvement, public landscaping improvement,

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infrastructure improvement, or warranty work under a separate guarantee or
improvement warranty.
10. Residential Lot Landscaping; Limitation: The city shall 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, as provided by UC Section 10-20-807(4)(c).
Section 19: Section 1.04.030 (C) “Bonds” of the Construction and Design
Specifications is amended as follows:
Except as provided by VSC 14.16.020, no bond deposit shall be released until all
improvements are completed and accepted by the City. See Article 1.16.010
(Acceptance of Improvements) and Section 1.04.070 (Post Construction).
Section 20: Section 14.02.130 “Licenses And Permits” of the Vineyard Subdivision
Code is amended as follows:
2. The city may enforce this Ordinance by withholding building permits, subject to
Part 5 of this Section.
3. It is an infraction to erect, construct, reconstruct, alter, or change the use of
any building or other structure within the city without approval of a building
permit, unless such building is exempt, as provided by the Building Codes of the
city.
4. Except as provided by VSC 14.02.150, the city shall not approve and issue a
building permit unless the plans for the proposed erection, construction,
reconstruction, alteration, or use fully conform to all adopted Land Use
Ordinances of the city, including this Ordinance, and the Zoning Ordinance.
5. Limitations On Enforcement By Withholding A Permit Or Certificate. The
authority of the city under Part 2 of this Section to enforce this Ordinance by
withholding a building permit or certificate of occupancy is subject to UC Section
10-20-1001, which is incorporated herein by reference. Notwithstanding any
other provision of this Ordinance:
a. Incomplete Infrastructure Improvements. A building permit or
certificate of occupancy will not be denied because the Applicant has not
completed an infrastructure improvement for which the city has accepted
an improvement completion assurance, unless the infrastructure
improvement is essential to meet the requirements for the issuance of a
building permit or certificate of occupancy under Title 15A, State
Construction and Fire Codes Act.

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b. Essential Infrastructure Improvements Defined. For purposes of
Item 5.a. of this Part, and notwithstanding UC Section 15A-5-205.6, an
infrastructure improvement is essential only if it is:
i. For a building permit, an operable fire hydrant installed in a
manner consistent with the city’s adopted engineering standards,
or, for a temporary road used during construction, a properly
compacted road base installed in a manner consistent with the
city’s adopted engineering standards;
ii. For a certificate of occupancy, at the discretion of the city, at
least one of a permanent road, a temporary road covered with
asphalt or concrete, or another method for accessing a structure
consistent with Appendix D of the International Fire Code; or
iii. Public infrastructure necessary for the health, life, and safety of
the occupant.
c. Roads. Applicant is not required to install a permanent road, or a
temporary road covered with asphalt or concrete, before receiving a
building permit.
d. Public Sidewalks; Building Permits. A building permit will not be
withheld on the lack of completion of a portion of a public sidewalk to be
constructed within a public right-of-way serving a lot on which a singlefamily or two-family residence or town home is proposed in a building
permit application, if an improvement completion assurance has been
posted for the incomplete portion of the public sidewalk.
e. Public Sidewalks; Construction, Plat Recording, And Acceptance.
The city may not prohibit the construction of a single-family or two-family
residence or town home, withhold recording a plat, or withhold acceptance
of a public landscaping improvement, as defined in UC Section 10-20-807,
or an infrastructure improvement based on the lack of installation of a
public sidewalk if an improvement completion assurance has been posted
for the public sidewalk.
f. Certificates Of Occupancy; Adjacent Public Sidewalk. A certificate of
occupancy for a single-family or two-family residence or town home shall
be withheld until the portion of the public sidewalk to be constructed within
a public right-of-way and located immediately adjacent to the residence or
town home is completed and accepted by the city.
g. Guarantee Accepted; Building Permits. When the city accepts a
guarantee under VSC 14.16.020 for a public landscaping improvement, as
defined in UC Section 10-20-807, or for an infrastructure improvement for
a development, a building permit will not be denied if the development
meets the requirements for the issuance of a building permit under the
building code and the fire code.
h. Private Landscaping. Submission of a private landscaping plan, as
defined in UC Section 10-20-807, will not be required as part of an
application for a building permit, and a building permit or certificate of

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occupancy will not be denied for failure to submit a private landscaping
plan or to complete a landscaping improvement that is not a public
landscaping improvement, as defined in UC Section 10-20-807.
Section 21: Section 15.32.270 “Required Streets, Curb, Gutter, Sidewalks, And Trails”
of the Vineyard Zoning Code is amended as follows:
The installation of necessary streets, street widening and improvement(s), curbs,
gutters, sidewalks, and trails of a type as required by the Land Use Ordinances
of the city shall be required as a condition of any required Approval, Permit, or
License, except as provided by VSC 14.02.130 Part 5 and UC Section 10-201001, and subject to any improvement completion assurance accepted by the
city under VSC 14.16.020.
The Council may provide that the installation of necessary streets, street
widening and improvement, curbs, gutters, sidewalks, and trails be delayed until
a date certain, or provided as part of any area-wide improvement plan(s). The
timing of any improvement plan(s) shall be at the sole discretion of the Council.
Section 22: Sections 14.06.090 and 14.08.120 of the Vineyard Subdivision Code are
amended as follows:
14.06.090 Site Preparation Work Prohibited
No excavation, grading or re-grading shall take place on any Subject
Property, and no building permits shall be issued by the city, until the Final
Subdivision Plat and/or construction drawings have been approved. Work
performed under this Section remains subject to inspection by the city in
accordance with the city’s adopted inspection standards.
14.08.120 Site Preparation Work Prohibited
No excavation, grading or re-grading shall take place on any Subject
Property, and no building permits shall be issued by the city, until the Final
Subdivision Plat and/or construction drawings have been approved. Work
performed under this Section remains subject to inspection by the city in
accordance with the city’s adopted inspection standards.
Section 23: Section 14.02.150 “When An Applicant Is Entitled To Approval Of An
Application; Exceptions; City May Not Impose Unexpressed Requirements; City
Required To Comply With The Requirements Of This Ordinance” of the Vineyard
Subdivision Code is amended as follows:
An Applicant is entitled to the approval of an application, required by this Ordinance,
if such application conforms to the requirements of this Ordinance, and the City’s
other Land Use Ordinances, Land Use Maps, and Zoning Ordinance, as may be

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applicable, and in effect at the time when the City Planner determines the application
to be complete and all fees have been paid, unless:
1. The Land Use Authority, on the record, finds that a compelling, countervailing
public interest would be jeopardized by approving the application; or
2. In the manner provided by Local Ordinance and before the application is
submitted, the City has formally initiated proceedings to amend its Land Use
Ordinances in a manner that would prohibit approval of the application as
submittedunless:
1. One hundred and eighty (180) calendar days have passed since the
proceedings were initiated; and
2. The proceedings have not resulted in an enactment that prohibits
approval of the Application, as submitted.
3. If the Final Plat, as required by VSC 14.08 conforms fully to the requirements
of this Ordinance, and the City’s other Land Use Ordinances, including the
Zoning Ordinance, and has been approved by the Culinary Water Authority
and the Sanitary Sewer Authority, as identified by VSC 14.06.020 Part 11, the
Final Plat shall be approved.
4. The City shall not impose on an Applicant, or any holder of any approval
required by this Ordinance, any requirement that is not expressed:
1. In the approval required by this Ordinance, or in documents on which
such approval is based; or
2. In this Ordinance, or in the City’s other Land Use Ordinances, including
the Zoning Ordinance.
5. The City shall not unreasonably withhold the issuance of a Certificate of
Occupancy:
1. Where an Applicant has met all requirements essential for the
public health, public safety, and general welfare of the occupants;
and
2. The Applicant and the City has not agreed in a written document to
the witholding of the Certificate of Occupancy; and
6. The City shall not withhold the issuance of a Certificate of Occupancy
because of an Applicant's failure to comply with a requirement that is not
expressed:
1. In the Building Permit, or in documents on which the Building Permit is
based; or
2. In this Ordinance, or the City’s other Land Use Ordinances, including
the Zoning Ordinance.
7. The City shall be bound by the terms and standards of this Ordinance, and
the City’s other Land Use Ordinances, as applicable, and shall comply with all
mandatory requirements and provisions of such Ordinances.
8. The City shall process and render a decision on each Application required by
this Ordinance with reasonable diligence.

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Section 24: Section 15.24.030 “Application Forms And Procedures” of the Vineyard
Zoning Code is amended as follows:
The Council and/or Planner shall provide Application Forms and shall provide
submittal requirement checklit for the acceptance and filing of all Applications
required by the Land Use Ordinances and adopted Building Codes. These
checklists shall be posted on the City website as required by UC Section 10-20902 (3)(a).
Section 25: Section 15.06.180 “Exactions” of the Vineyard Zoning Code is amended as
follows:
A Land Use Authority may impose an exaction, or exactions, on a Land Use
Application if:
1. An essential link exists between a legitimate governmental interest and
each exaction; and
2. Each exaction is roughly proportionate, both in nature and in extent, to
the impact of the proposed development.
If the city plans to dispose of surplus real property that was acquired by exaction
and has been owned by the city for less than fifteen (15) years, the city shall first
offer to reconvey the property, without receiving additional consideration, to the
person who granted the property to the city. A person to whom the city offers to
reconvey property under this Section has ninety (90) days to accept or reject the
offer. If the person declines the offer, the city may offer the property for sale. This
paragraph does not apply to the disposal of property acquired by exaction by a
community reinvestment agency, as provided by UC Section 10-20-911(3).
Section 26: Section 2.05.010 “Powers And Duties Generally” of the Vineyard Municipal
Code is amended as follows:
O. May regulate the use and operation of municipal property; may purchase or sell
City property by ordinance; and declare surplus property by ordinance, subject to
VZC 15.06.180 for any surplus real property acquired by exaction.
Section 27: Section 15.06.020 “Vineyard City Council” of the Vineyard Zoning Code is
amended as follows:
1. Powers and Duties. For purposes of this Ordinance, the Vineyard City
Council shall:
a. Adopt amendments to the General Plan, and all elements of the General
Plan.
b. Adopt amendments to the Land Use Ordinances, including this Ordinance.

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c. Direct the Commission to prepare the General Plan, any proposed plan
element, any amendments thereto, and to submit the proposed plan,
element, or amendments to the Council.
d. Direct the Commission to prepare all Land Use Ordinances, including this
Ordinance, Zoning Districts Maps, Official Maps, and any amendments
thereto, and to submit such Land Use Ordinances, or amendments thereto
to the Council.
e. Render, or appoint a designee to render, a determination when an
Applicant asserts a taking of property without just compensation, or has
asserted some other constitutional invalidity, as provided by VZC 15.54.
f. Establish a fee schedule by resolution for all Approvals, Permits, and
Licenses required by the city’s Land Use Ordinances.
g. Take such other action(s) as authorized by LUDMA, or required by this
Ordinance, and not expressly delegated to any other Land Use Authority.
Section 28: Section 15.52.020 “Appointed Hearing Officers” of the Vineyard Zoning
Code is amended as follows:
As provided by Part 7 of LUDMA, and to provide for appeals of decisions of the
City’s Land Use Authority administering or interpreting the City’s Land Use
Ordinances, appeal authority is hereby provided to the Land Use Hearing Officer.
Any person aggrieved by a decision of the commission, city planner or
administrative city council decisions may file an appeal petition with the Land Use
Hearing Officer. Any person aggrieved by a fee charged in accordance with UC
Section 10-20-904 may file an appeal petition with the Land Use Hearing Officer.
Section 29: Section 15.52.080 “Due Process” of the Vineyard Zoning Code is amended
as follows:
1. Each Appeal Authority, identified by this Chapter, shall conduct each appeal
hearing as provided herein.
2. Each Appeal Authority, identified herein, shall respect the due process rights
of each of the participants.
3. An Appeal Authority may only allow the following persons to present or speak
during an appeal hearing:
a. The appellant, or the appellant’s representatives;
b. The Applicant, or the Applicant’s representatives; and
c. The City’s representatives.
Section 30: Section 15.52.090 “Burden Of Proof” of the Vineyard Zoning Code is
amended as follows:

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1. In an appeal under this Chapter:
a. If the appellant is an Applicant, the appellant has the burden of proving
that the Land Use Authority’s land use decision is illegal or is not
supported by substantial evidence; or
b. If the appellant is an adversely affected party, the appellant has the
burden of proving that the Land Use Authority’s land use decision is
illegal, or that the factual findings are clearly erroneous.
Section 31: Section 15.52.100 “Standard Of Review For Appeals” of the Vineyard
Zoning Code is amended as follows:
1. Each Appeal Authority identified by this Chapter shall hear and review all
appeal matters “on the record,” including the review of all factual matters. Each
Appeal Authority shall only consider the materials presented and originally before
the Land Use Authority in making the decision that is the subject of the appeal.
The Appeal Authority shall determine whether the record on appeal includes
substantial evidence for each essential finding of fact.
2. The Appeal Authority, as identified by this Chapter, shall determine the
correctness of a decision of the Land Use Authority in its interpretation and
Application of the plain meaning of the Land Use Ordinances. The Appeal
Authority shall interpret and apply a Land Use Ordinance to favor a Land Use
Application unless the Land Use Ordinance plainly restricts the Land Use
Application.
Section 32: Section 15.52.120 “District Court Review” of the Vineyard Zoning Code is
repealed and reenacted as follows:
1. Judicial review of a land use decision is governed by UC Section 10-20-1109,
as amended, including the requirement that a person exhaust administrative
remedies before filing a petition for review, the time for filing a petition, the tolling
of that time during a request for arbitration filed with the property rights
ombudsman under UC Section 13-43-204, the standards governing court review,
the record on review, the staying of a land use decision pending review, and the
award of attorney fees for a challenge initiated or pursued in bad faith.
2. No person may challenge in District Court a decision of a Land Use Authority
until that person has exhausted all administrative remedies as provided by this
Chapter and has received a final decision from the Appeal Authority, as provided
by VZC 15.52.110.
Section 33: Section 15.06.040 “Vineyard Land Use Hearing Officer” of the Vineyard
Zoning Code is amended as follows:

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The Land Use Hearing Officer (hereinafter the "Hearing Officer") was heretofore
created and established pursuant to LUDMA, or prior enactments of LUDMA.
Section 34: Sections 15.10.020 and 15.10.060 of the Vineyard Zoning Code are
amended as follows:
15.10.020 Amendments To Vineyard General Plan
A proposed amendment to the General Plan, including any accompanying
maps, may be initiated by any property owner, any resident, any business
owner, the Council, Commission, or Planner by filing a General Plan
Amendment Application. An Application for an amendment to the General
Plan shall be filed with the city by presenting a General Plan Amendment
Application to the Planner.
15.10.060 Amendments To Land Use Ordinances, Zoning Districts Map, And
Official Maps
A proposed amendment to any Land Use Ordinance, Zoning Districts Map
or other Official Maps, may be initiated by any property owner, any
resident, any business owner, the Council, Commission, Planner, or other
city staff by filing a Land Use Ordinance, Zoning Districts Map
Amendment, or other Official Maps Amendment Application with the
Planner.
Section 35: Sections 15.18.050, 15.18.060, and 15.18.070 of the Vineyard Zoning
Code are amended as follows:
15.18.050 Required Notice For Other Public Meetings
When required by the provisions of this Ordinance, the City Planner for
public meetings by the Commission or Hearing Officer, and the City
Recorder, or designee for public meetings by the Council, shall provide
notice of the public meeting as follows:
15.18.060 Required Applicant Notice - Hearings And Meetings
As required by LUDMA, the Planner for the Commission and Hearing
Officer, and the City Recorder, or designee for the Council, shall notify the
Applicant for a Land Use Application of the date, time, and place of each
public hearing and public meeting to consider the Application.
15.18.070 Required Applicant Notice - Final Action
In addition to the Applicant notice required by VZC 15.18.060, the Planner
for the Commission and Hearing Officer, and the City Recorder, or

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designee for the Council, shall notify the Applicant for a Land Use
Application of any action on the Application, as required by LUDMA.
Section 36: Sections 15.42.020, 15.42.030, 15.42.050, 15.42.060, 15.42.070,
15.42.080, 15.42.090, 15.42.100, and 15.42.130 of the Vineyard Zoning Code are
amended as follows:
15.42.020 Approval Authority
As provided by LUDMA, the ______ is hereby authorized as the Land Use
Authority with the responsibility to determine the existence of any legal
nonconforming use, a legal noncomplying structure, or other legal
nonconformity.
The Land Use Authority shall have authority to review and decide all
disputes relating to abandonment of structures associated with a
nonconforming use or noncomplying structure.
15.42.030 Application Initiation And Application Completeness
Requests for a determination by the Land Use Authority of the existence
of a legal nonconforming use, legal noncomplying structure, or other legal
nonconformity shall be made on the applicable Application form.
15.42.050 Determination Of A Legal Nonconforming Use/Legal Noncomplying
Structure/Other Legal Nonconformity Application Review Procedures
The Land Use Authority shall review the Application for a Determination of
a Legal Nonconforming Use/Legal Noncomplying Structure/Other Legal
Nonconformity and determine if the Application:
Upon a finding by the Land Use Authority that the use, structure, lot, sign,
or other nonconformity, which is the subject of the Application, legally
existed on the date of adoption of this Ordinance, and complied with all
prior enactments of this Ordinance, the Applicant may present any other
necessary Land Use or Building Permit Applications that may be required
by this Ordinance, the City's other Land Use Ordinances, or the adopted
Building Code.
Upon a finding by the Land Use Authority that the use, structure, lot, sign,
or other nonconformity, which is the subject of the Application, did not
legally exist on the date of adoption of this Ordinance, and did not legally
comply with all prior enactments of this Ordinance, the Applicant shall
present a Land Use or Building Permit Application to correct the illegality.
No other action for any Approval, Permit, or License shall be taken by a
Land Use Authority until the use, structure, lot, sign, or other

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nonconformity complies with the requirements of this Ordinance, and the
City's other Land Use Ordinances, as adopted.
15.42.060 Terms And Conditions For Nonconforming Uses
Following a determination by the Land Use Authority of the existence of a
legal nonconforming use, the use shall comply with the following terms
and conditions:
15.42.070 Terms And Conditions For Noncomplying Structures
Following a determination by the Land Use Authority of the existence of a
legal noncomplying structure, the structure shall comply with the following
terms and conditions:
15.42.080 Approved Determinations Of A Legal Nonconforming Use/Legal
Noncomplying Structure/Other Legal Nonconformity Applications To Be On File
The city shall maintain all Determinations of a Legal Nonconforming
Use/Legal Noncomplying Structure/Other Legal Nonconformity Application
approvals on file.
15.42.090 Effect Of Approval
A finding by the Land Use Authority of a legal noncomplying use,
noncomplying structure, lot, sign, or other nonconformity shall not
authorize the establishment, restoration, reconstruction, extension,
alteration, expansion, or substitution of any nonconforming use,
noncomplying structure, lot, sign, or other nonconformity.
Following a decision by the Land Use Authority, the city shall provide the
Applicant with a written notice of the decision. The written record of all
Applications shall be maintained on file by the city.
A finding by the Land Use Authority of a legal noncomplying use,
noncomplying structure, lot, sign, or other nonconformity shall not be
deemed an Approval of any Application, Permit, or License.
A finding by the Land Use Authority of a legal noncomplying use,
noncomplying structure, lot, sign, or other nonconformity shall allow the
filing of an Application for any necessary Approval, Permit, or License, as
may be required by this Ordinance, the City's other Land Use Ordinances,
or adopted Building Codes.
15.42.100 Termination Of A Nonconforming Use Due To Abandonment

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The property owner may rebut the presumption of abandonment under
this Section and shall have the burden of establishing that any claimed
abandonment under this Section has not in fact occurred. The Land Use
Authority shall have authority to review and decide all disputes relating to
abandonment of structures associated with a nonconforming use or
noncomplying structure.
15.42.130 Appeal
Any person aggrieved by a decision of the Land Use Authority regarding
any matter related to a nonconforming use, noncomplying structure, or
other nonconformity may appeal the decision to the District Court, as
provided by LUDMA, and as provided by VZC 15.52.
Section 37: Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance.
Section 38: Effective Date
This Ordinance shall take effect upon passage and publication or posting as required by
law.

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PASSED AND ADOPTED by the Vineyard City Council this _____ day of
______________ 2026.

___________________________________
Zack Stratton
Mayor, Vineyard City
SEAL
ATTEST:

___________________________________
Robin Raines-Bond
City Recorder, Vineyard City

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Jacob Holdaway
David Lauret
Parker McCumber
Christopher Price
Jacob Wood

YES

NO

ABSENT

ABSTAIN

_____
_____
_____
_____
_____

_____
_____
_____
_____
_____

_______
_______
_______
_______
_______

________
________
________
________
________

Page 84 of 99

VINEYARD PLANNING COMMISSION STAFF REPORT
Meeting Date: November 10, 2026
Agenda Item: Approve ORD 2026-14 Changes to the Vineyard City Zoning Code FOI (Flex
Office and Industry) and RC Zones (Regional Commercial)
Department: Planning
Presenter:
Paul Douglass

Background/Discussion:
Proposed changes include the following:
1. Proposal to amend the Vineyard City District Use Table. A new use called "Place of Public
Assembly (Indoor/Outdoor)'" will be added.
2. Proposal to amend the Vineyard City District Use Table by adding District Energy in the
FOI and RC Zones.
Fiscal Impact:
N/A
Recommendation:
Staff recommends to approve to amend the District Use table by adding the District Energy Use
and the Place of Public Assembly (Indoor/Outdoor) use be added to the FOI and RC Zone tables
as presented by staff.
Sample Motion:
"I move to recommend approval to amend the District Use Table by adding the District Energy
Use and the Place of Public Assembly (Indoor/Outdoor) use to the FOI and RC Zones as
presented by staff.
Attachments:
1.
11.10.26 Public Hearing and Special Planning Commission Meeting Notice
2.
Draft Zoning Text Amendment – Place of Public Assembly (Indoor_Outdoor) in the FOI
and RC Districts
3.
Draft Zoning Text Amendment – District Energy in the FOI and RC Districts

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Public Hearing
and
Special Planning Commission Meeting Notice
Notice Date & Time: 11/10/26 5:00 PM – 125 S Main, Vineyard
Description/Agenda:
A public hearing to hear proposed changes to the Vineyard City zoning code.
Proposed changes include the following
1. Proposal to add a new use in the FOI and RC zones. The use will be called 'Place of Public
Assembly (Indoor/Outdoor)'
2. Proposal to add District Energy in the FOI and RC Zones
Notice of Special Accommodations:
SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS: The Public is invited to
participate in all Vineyard Planning Commission meetings. In compliance with the Americans
with Disabilities Act, individuals needing special accommodations during this meeting should
notify the Vineyard Recorder, at least 24 hours prior to the meeting by calling (801) 226-1929.
Notice of Electronic or telephone participation:
POSSIBLE ELECTRONIC OR TELEPHONIC PARTICIPATION: This meeting may be held in
a way that will allow a commissioner to participate electronically.
LIVE STREAM LINK
Planning Commission •

Agendas & Minutes • CivicClerk

Other information:
Location:
125 S Main Street, Vineyard, 84058
Contact information:
Paul Douglass, Planner
707 E Mill Rd #201
Vineyard, UT 84059
[email protected]
(385) 287-6157

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Draft Zoning Text Amendment – District Energy in the FOI
and RC Districts
SECTION 1: AMENDMENT "15.12.050 District Use Table" of the Vineyard Zoning Code is
hereby amended by adding District Energy as a permitted use with all other columns marked N,
unless the Council elects to include them, as follows:

Use

BP

RC

NC

FOI

M

PF

District
Energy

P

P

P

P

P

P

13. District Energy may be owned or operated by a public utility, a heat corporation, a public
entity, or a private provider. Where District Energy also meets the description of another use in
this table, the District Energy listing and VZC 15.34.[___] apply.
SECTION 2: AMENDMENT. "15.60 Definitions" is amended by adding the following
definitions in alphabetical order.
• District Energy. A use that produces, recovers, exchanges, stores, or distributes thermal energy
through hot water, chilled water, steam, or any other heat-transfer medium from one or more
central or distributed sources to serve two or more buildings, lots, or users, whether or not under
common ownership and regardless of the ownership, size, or regulatory status of the provider.
District Energy includes District Energy Plants, thermal distribution piping, thermal storage, and
Energy Transfer Stations, and may be permanent, temporary, or modular. District Energy may
use any lawful energy source or technology, including sources and technologies that become
available after adoption of this definition.
• District Energy Plant. A facility that produces, recovers, stores, and distributes thermal and
electrical energy such as steam, electricity, hot water, or chilled water, from one or more central
or distributed plants to multiple buildings or uses. The energy may be used for power, heating,
cooling, or domestic hot water. A District Energy Plant may include boilers, chillers, heat pumps,
cooling towers, heat exchangers, waste-heat recovery equipment, pumps, thermal storage tanks,
control systems, and related accessory structures and equipment. Thermal energy may be derived
from any lawful source, including electricity, natural gas, ground-source or geothermal
exchange, wastewater heat recovery, and waste or reject heat from industrial, power generation
and similar uses.

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• Energy Transfer Station. Equipment within or attached to a served building that transfers
thermal energy between District Energy and the building's own heating, cooling, or hot water
systems, including heat exchangers, meters, valves, and controls.
VZC 15.34.[___] District Energy
15.34.[___] District Energy. District Energy shall comply with the following:
. Purpose: The purpose of this section is to allow District Energy to share heating and cooling
across multiple buildings and lots, including the reuse of waste and reject heat.
2. Permit requirements: District Energy is allowed in districts as listed in VZC 15.12.050 District
Use Table.
3. Site plan approval: A District Energy Plant requires site plan approval under VZC 15.24.
Review shall address access, parking, landscaping, lighting, noise, and off-site impacts.
4. Building design: District Energy Plants are exempt from the building design requirements of
VZC 15.36.
5. Height: Exhaust stacks, cooling towers, and similar equipment may exceed the district's
maximum building height by up to [15] feet.
6. Parking and service access: Parking shall be determined through site plan review based on
staffing, with a minimum of [two (2)] spaces and access for service and delivery vehicles. The
general parking ratios of VZC 15.38 do not apply.
7. Regulatory authorization: The operator shall hold any certificate or authorization required
under Utah law for the provision of district energy service before the plant begins serving
customers.

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Draft Zoning Text Amendment – Place of Public Assembly
(Indoor/Outdoor) in the FOI and RC Districts
SECTION 1: AMENDMENT "15.12.050 District Use Table" of the Vineyard Zoning Code is
hereby amended by adding Place of Public Assembly (Indoor/Outdoor) as a permitted use with
all other columns marked N, unless the Council elects to include them, as follows:

Use

BP

RC

NC

FOI

M

PF

Place of Public
Assembly
(Indoor/Outdoor)

N

P

N

P

N

N

13. Place of Public Assembly (Indoor/Outdoor) may be owned or operated by a public entity or a
private operator. Where Place of Public Assembly (Indoor/Outdoor) also meets the description of
another use in this table, including Assembly, Place of; Commercial Recreation, Outdoor; or
Event Centers, the Place of Public Assembly (Indoor/Outdoor) listing and VZC 15.34.[___]
apply.
SECTION 2: AMENDMENT. "15.60 Definitions" is amended by adding the following
definitions in alphabetical order.
• Place of Public Assembly (Indoor/Outdoor). A use designed for live performances, concerts,
public assemblies, artistic and theatrical performances, conventions, festivals, filming and
production, sporting and community events, or similar gatherings of the public. The use may
operate in an open-air, partially enclosed, or fully enclosed configuration on a year-round basis.
Capacity may be provided through fixed seating, lawn seating, standing areas, or any
combination. A Place of Public Assembly (Indoor/Outdoor) includes stages, canopies,
back-of-house and production areas, ticketing, concessions, restrooms, and related structures and
equipment, and may be permanent, seasonal, or modular. The use applies regardless of the
ownership of the facility or the type of event held.
• Stage Structure. A permanent or temporary structure within a Place of Public Assembly
(Indoor/Outdoor) used for performances, including the stage floor, roof or canopy, stage-support
elements, rigging, lighting and sound towers, video screens, and related equipment.

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VZC 15.34.[___] Place of Public Assembly (Indoor/Outdoor)
15.34.[___] Place of Public Assembly (Indoor/Outdoor). A Place of Public Assembly
(Indoor/Outdoor) shall comply with the following:
1. Purpose: The purpose of this section is to allow amphitheaters, concert venues, and similar
large gathering places, and to provide flexibility in their design and operation.
2. Permit requirements: A Place of Public Assembly (Indoor/Outdoor) is allowed in districts as
listed in VZC 15.12.050 District Use Table.
3. Site plan approval: A Place of Public Assembly (Indoor/Outdoor) requires site plan approval
under VZC 15.24. Review shall address compliance with applicable standards for access,
circulation, parking, lighting, noise, and off-site impacts.
4. Building design: Stage Structures, seating, canopies, shade structures, and other open-air
venue structures are exempt from the building design requirements of VZC 15.36.
5. Height: Stage Structures may exceed the district's maximum building height but may not
exceed one hundred twenty-five (125) feet in height.
6. Parking: Parking shall be determined through site plan review based on a parking analysis
provided by the applicant, and may be met in whole or in part through shared parking, off-site
parking, transit, or shuttle service. The general parking ratios of VZC 15.38 do not apply.
7. Accessory activities: Concessions, food and beverage service, merchandise sales, ticketing,
and other activities customarily associated with the venue are allowed as accessory uses without
separate land use approval.

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Draft Zoning Text Amendment – Place of Public Assembly
(Indoor/Outdoor) in the FOI and RC Districts
SECTION 1: AMENDMENT "15.12.050 District Use Table" of the Vineyard Zoning Code is
hereby amended by adding Place of Public Assembly (Indoor/Outdoor) as a permitted use with
all other columns marked N, unless the Council elects to include them, as follows:

Use

BP

RC

NC

FOI

M

PF

Place of Public
Assembly
(Indoor/Outdoor)

N

P

N

P

N

N

13. Place of Public Assembly (Indoor/Outdoor) may be owned or operated by a public entity or a
private operator. Where Place of Public Assembly (Indoor/Outdoor) also meets the description of
another use in this table, including Assembly, Place of; Commercial Recreation, Outdoor; or
Event Centers, the Place of Public Assembly (Indoor/Outdoor) listing and VZC 15.34.[___]
apply.
SECTION 2: AMENDMENT. "15.60 Definitions" is amended by adding the following
definitions in alphabetical order.
• Place of Public Assembly (Indoor/Outdoor). A use designed for live performances, concerts,
public assemblies, artistic and theatrical performances, conventions, festivals, filming and
production, sporting and community events, or similar gatherings of the public. The use may
operate in an open-air, partially enclosed, or fully enclosed configuration on a year-round basis.
Capacity may be provided through fixed seating, lawn seating, standing areas, or any
combination. A Place of Public Assembly (Indoor/Outdoor) includes stages, canopies,
back-of-house and production areas, ticketing, concessions, restrooms, and related structures and
equipment, and may be permanent, seasonal, or modular. The use applies regardless of the
ownership of the facility or the type of event held.
• Stage Structure. A permanent or temporary structure within a Place of Public Assembly
(Indoor/Outdoor) used for performances, including the stage floor, roof or canopy, stage-support
elements, rigging, lighting and sound towers, video screens, and related equipment.

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VZC 15.34.[___] Place of Public Assembly (Indoor/Outdoor)
15.34.[___] Place of Public Assembly (Indoor/Outdoor). A Place of Public Assembly
(Indoor/Outdoor) shall comply with the following:
1. Purpose: The purpose of this section is to allow amphitheaters, concert venues, and similar
large gathering places, and to provide flexibility in their design and operation.
2. Permit requirements: A Place of Public Assembly (Indoor/Outdoor) is allowed in districts as
listed in VZC 15.12.050 District Use Table.
3. Site plan approval: A Place of Public Assembly (Indoor/Outdoor) requires site plan approval
under VZC 15.24. Review shall address compliance with applicable standards for access,
circulation, parking, lighting, noise, and off-site impacts.
4. Building design: Stage Structures, seating, canopies, shade structures, and other open-air
venue structures are exempt from the building design requirements of VZC 15.36.
5. Height: Stage Structures may exceed the district's maximum building height but may not
exceed one hundred twenty-five (125) feet in height.
6. Parking: Parking shall be determined through site plan review based on a parking analysis
provided by the applicant, and may be met in whole or in part through shared parking, off-site
parking, transit, or shuttle service. The general parking ratios of VZC 15.38 do not apply.
7. Accessory activities: Concessions, food and beverage service, merchandise sales, ticketing,
and other activities customarily associated with the venue are allowed as accessory uses without
separate land use approval.

Page 92 of 99

Draft Zoning Text Amendment – District Energy in the FOI
and RC Districts
SECTION 1: AMENDMENT "15.12.050 District Use Table" of the Vineyard Zoning Code is
hereby amended by adding District Energy as a permitted use with all other columns marked N,
unless the Council elects to include them, as follows:

Use

BP

RC

NC

FOI

M

PF

District
Energy

P

P

P

P

P

P

13. District Energy may be owned or operated by a public utility, a heat corporation, a public
entity, or a private provider. Where District Energy also meets the description of another use in
this table, the District Energy listing and VZC 15.34.[___] apply.
SECTION 2: AMENDMENT. "15.60 Definitions" is amended by adding the following
definitions in alphabetical order.
• District Energy. A use that produces, recovers, exchanges, stores, or distributes thermal energy
through hot water, chilled water, steam, or any other heat-transfer medium from one or more
central or distributed sources to serve two or more buildings, lots, or users, whether or not under
common ownership and regardless of the ownership, size, or regulatory status of the provider.
District Energy includes District Energy Plants, thermal distribution piping, thermal storage, and
Energy Transfer Stations, and may be permanent, temporary, or modular. District Energy may
use any lawful energy source or technology, including sources and technologies that become
available after adoption of this definition.
• District Energy Plant. A facility that produces, recovers, stores, and distributes thermal and
electrical energy such as steam, electricity, hot water, or chilled water, from one or more central
or distributed plants to multiple buildings or uses. The energy may be used for power, heating,
cooling, or domestic hot water. A District Energy Plant may include boilers, chillers, heat pumps,
cooling towers, heat exchangers, waste-heat recovery equipment, pumps, thermal storage tanks,
control systems, and related accessory structures and equipment. Thermal energy may be derived
from any lawful source, including electricity, natural gas, ground-source or geothermal
exchange, wastewater heat recovery, and waste or reject heat from industrial, power generation
and similar uses.

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• Energy Transfer Station. Equipment within or attached to a served building that transfers
thermal energy between District Energy and the building's own heating, cooling, or hot water
systems, including heat exchangers, meters, valves, and controls.
VZC 15.34.[___] District Energy
15.34.[___] District Energy. District Energy shall comply with the following:
. Purpose: The purpose of this section is to allow District Energy to share heating and cooling
across multiple buildings and lots, including the reuse of waste and reject heat.
2. Permit requirements: District Energy is allowed in districts as listed in VZC 15.12.050 District
Use Table.
3. Site plan approval: A District Energy Plant requires site plan approval under VZC 15.24.
Review shall address access, parking, landscaping, lighting, noise, and off-site impacts.
4. Building design: District Energy Plants are exempt from the building design requirements of
VZC 15.36.
5. Height: Exhaust stacks, cooling towers, and similar equipment may exceed the district's
maximum building height by up to [15] feet.
6. Parking and service access: Parking shall be determined through site plan review based on
staffing, with a minimum of [two (2)] spaces and access for service and delivery vehicles. The
general parking ratios of VZC 15.38 do not apply.
7. Regulatory authorization: The operator shall hold any certificate or authorization required
under Utah law for the provision of district energy service before the plant begins serving
customers.

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ORDINANCE 2026-13
AN ORDINANCE AMENDING THE VINEYARD CITY BUDGET FOR THE 2026-2027
FISCAL YEAR.
WHEREAS, the City Council of Vineyard, Utah has previously adopted a budget for the
2026-2027 fiscal year in accordance with the Utah Fiscal Procedures Act for cities; and
WHEREAS, the city needs to now amend that adopted budget; and
WHEREAS, a public hearing was held on the 10th day of November 2026, on the
proposed amendments to the 2026-2027 fiscal year budget for the city of Vineyard, Utah.
NOW THEREFORE BE IT RESOLVED BY THE VINEYARD CITY COUNCIL
AS FOLLOWS:
1. The attached exhibit A shows the amendments to the Fiscal Year 2026-2027 budget
for the city of Vineyard, Utah.
2. This ordinance shall take effect upon passing.
Passed and dated this 10th day of November 2026.

ATTEST:

___________________________________
Zack Stratton
Mayor, Vineyard City

___________________________________
Robin Bond
City Recorder, Vineyard City

SEAL

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Jacob Holdaway
David Lauret
Parker McCumber
Chip Price
Jacob Wood

YES

NO

ABSENT

ABSTAIN

_____
_____
_____
_____
_____

_____
_____
_____
_____
_____

_______
_______
_______
_______
_______

________
________
________
________
________

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EXHIBIT A

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NOTICE OF PUBLIC HEARING FOR BUDGET AMENDMENT #2
The Vineyard City Council will hold public hearings on Tuesday, November 10, 2026, starting at 6:00
PM or as soon thereafter as possible, in the City Council Chambers at 125 South Main Street, Vineyard,
Utah, to hear public comment regarding budget amendments to the Fiscal Year 2026-2027 Budget.
Any persons having an interest in these matters may attend and be heard during the public hearings.
Written comments and requests for copies of materials can be emailed to [email protected] prior
to the meeting.
The related budget documents can be found on our website at vineyardutah.gov
In compliance with the Americans with Disabilities Act, individuals needing special accommodations
during this meeting should notify the City Recorder at least 24 hours prior to the meeting by calling
(385) 338.5183.
I, the undersigned City Recorder for Vineyard, Utah, hereby certify that the foregoing Public Notice was
posted at the Vineyard City Office, on the Vineyard City website, and on the Utah Public Notice
website.
Posted: November 3, 2026
Certified (Noticed) by: /s/ Robin Bond, City Recorder

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Budget Amendment #2 FY26-27 – Summary of Proposed Changes
Vineyard City, Utah · Fiscal Year 2026–2027 budget amendment

Summary of Proposed Changes
Fund

Current Budget

Proposed Change

Amended Budget

General Fund

$17,258,772

– $75,150

$17,183,622

Internal Service Fund

$1,744,077

$0

$1,744,077

Redevelopment Agency Fund

$29,786,656

$0

$29,786,656

Brief description of the amendment:
•

•

•

General Fund (net – $75,150)
o Mayor and Council: + $550 – Supplies for council projects and events
o Parks: + $800 – Supplies for Christmas lights
o Parks: + $8,000 – Electrical install on NW of Grove Park
o Communications: + $5,500 – Mailings to residents
o Police: – $90,000 – Credit for disposal of decommissioned vehicles
Internal Service Fund (net $0)
o HR Contract Services: – $35,000 – Cancel HR system implementation
o HR Employee Appreciation: + $51,000 – Cover employee appreciation expenses
o Beginning Fund Balance Appropriation: – $16,000 – Use fund beginning balance to
balance fund
Redevelopment Agency Fund (net $0)
o Contract Service: + $160,000 – Additional RDA Director Services
o Capital Expense: + $1,100,000 – Additional Construct Vineyard Connector Promenade
Overpass
o Capital Expense: – $3,372,441 – TRCC Grant reimbursed from county
o Beginning Fund Balance Appropriation: + $2,112,441 – Reduce beginning fund balance
appropriation to balance

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