The text
11-1-1: - Short title#
This Title shall be known and referred to as the "Subdivision Ordinance of Honeyville City, Utah" or the "Subdivision Ordinance" and may be so cited and pleaded.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-2: - Authority#
This Title is adopted pursuant to the Municipal Land Use Development and Management Act, § 10-9a of Utah State Code, and the police power authority of local government as established by Utah common law.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-3: - Purpose#
The purposes of this Title are to:
A.
Provide for the health, safety, and welfare;
B.
Promote the prosperity;
C.
Improve the morals, peace, good order, comfort, convenience, and aesthetics of the City and its present and future inhabitants and businesses;
D.
Protect the tax base;
E.
Secure the economy in governmental expenditures;
F.
Foster the City's agricultural and other industries;
G.
Protect both urban and nonurban development;
H.
Protect and ensure access to sunlight for solar energy devices;
I.
Provide fundamental fairness in land use regulation;
J.
Protect property values; and
K.
Comply with Utah Code (notably § 10-9a-6).
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-4: - Scope#
Except as otherwise provided this Title shall apply to all property within the corporate limits of the City except property expressly exempted therefrom by the provisions of this Title or other lawful exemption.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-5: - Applicable provisions not in this Title#
A.
This Title and all of its provisions apply to all subdivision applications and petitions.
B.
The requirements of this Title do not apply retroactively to subdivision applications or petitions that were approved by the City prior to the enactment of this ordinance.
C.
All master or general plans adopted by the City or for an area within the incorporated boundaries of the City shall serve as an advisory guide for subdivision decisions. Amendments to the text of this ordinance shall be consistent with the purposes, goals, objectives, and policies of the applicable adopted master plans or general plans of the City.
D.
Code provisions not found in this Title applicable to the use and development of land include, but are not limited to, the following:
1.
Title 8, "Water Regulations", of this code;
2.
Title 9, "Building Regulations", of this code.
3.
Title 10, "Land Use", of this code.
4.
Title 12, "Flood Control", of this code.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-6: - Enactment of ordinances, resolutions, and development agreements; interpretation#
A.
To accomplish the purposes of this Title, the City may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the City considers necessary or appropriate for the use and development of land within the City, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy efficiency; light and air; transportation and public or alternative transportation; infrastructure; street and building orientation; width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the forgoing purposes with a landowner's private property interests and associated statutory and constitutional protections.
B.
In interpreting and applying this Ordinance, the requirements in this document are minimum requirements.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-7: - Approved and recorded documents required#
A.
No land shall be subdivided which is located wholly or in part in the City, except in compliance with this Title and Utah Code as adopted and amended.
B.
A subdivision of land is not valid unless its governing document is approved by the Land Use Authority and properly recorded in the County Recorder's Office.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-8: - Penalty for noncompliance#
It is unlawful to transfer ownership of any parcel of land pursuant to an invalid subdivision. The City may, in its discretion, void such transfers and impose on the transferor a class C misdemeanor.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-9: - Validity#
Should any Section, Clause, or Provision of this Title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Title as a whole or any part hereof other than the part specifically so declared to be invalid.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-1-10: - Interpretation and conflict of laws#
The interpretive rules of 10-3-3 of the Land Use Title shall apply to the interpretation of this Title. Where any provision in this Subdivision Title conflicts with State Law, State Law shall prevail. Where any provision in this Subdivision Title conflicts with other ordinances enacted by the City, the provisions in this Subdivision Title shall prevail unless the City intended such conflicting ordinances not in this Title to amend this Title.
(Adopted by Ord. 2025-01 on 6/19/2025)