The text
ARTICLE I. - IN GENERAL#
Sec. 20-1. - Purpose.#
The underlying purpose and intent of this chapter is to promote the health, safety, convenience, and general welfare of the inhabitants of the town, in the matter of subdivision of land and related matters affected by such subdivision. The ordinance from which this chapter is derived is enacted for the further purpose of facilitating the orderly growth and development of the town, lessening congestion in the streets, preventing the overcrowding of land, avoiding undue concentration of population, securing economy in municipal expenditures, facilitating adequate provisions for transportation, water, sewage, schools, parks, and other public requirements, stabilizing the value of property, and increasing the security of home life.
(Ord. No. 96-02, § 1, 3-18-1996)
Sec. 20-2. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Available sewer means an existing sewer into which domestic sewage from a proposed subdivision can drain by gravity.
Collector street means a street, existing or proposed, of considerable continuity which serves or is intended to serve as the principal trafficway between large and separated areas or districts and which is the main means of access to a major street system.
Condominium means the ownership of a multi-unit project together with an undivided interest in the common areas and facilities of the property.
Condominium project means a real estate condominium project; a plan or project whereby three or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. The term "condominium project" shall also mean the property when the context so requires.
Condominium unit means a unit together with the undivided interest in the common area and facilities appertaining to that unit. This includes both a physical unit together with its appurtenant undivided interest in the common areas and facilities and a time period unit together with its appurtenant undivided interest.
Easement means a quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of land, is granted to the public or some particular person or part of the public.
Final plat means a map or chart of the land division, which has been accurately surveyed and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified.
Intervening property means property located between the existing city utilities and public service facilities, and the property under development.
Major street means a street, existing or proposed, which serves or is intended to serve as a major trafficway and is so designated on the master street plan.
Metes and bounds means the description of a lot or parcel of land by courses and distances.
Minor street means a street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.
Off-site facilities means facilities designed or located so as to serve other property outside the boundaries of the subdivision.
On-site facilities means facilities installed in, under, or upon the public streets or rights-of-way within or on the perimeter of the subdivision or development site.
Oversize facility means a facility with added capacity designed to serve other property outside the boundaries of the subdivision or development site.
Preliminary plat means a map or chart of a proposed land division which has been prepared in accordance with regulations herein prescribed.
Subdivider means any person laying out or making a land division for the purpose of first sale, offering for first sale, or first selling, for himself or others, a subdivision or any part thereof.
Subdivision means the division of a tract of land or a building into two or more parts for the purpose, whether immediate or future, of sale or building development. For the purpose of this chapter, land which is divided into lots or parcels of land of less than five acres shall be deemed to be of sale or building development. Lots which are zoned for residential use within the town limits with existing roadways, infrastructure, and utilities do not require subdivision status.
(Ord. No. 96-02, § 2, 3-18-1996)
Sec. 20-3. - Enforcement and permits.#
No town officer shall grant any permit or license for the use of any building or land if such use would be in violation of this chapter.
(Ord. No. 96-02, § 14, 3-18-1996)
Sec. 20-4. - Penalty.#
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000.00, six months in jail, or both.
(Ord. No. 96-02, § 15, 3-18-1996)
Secs. 20-5—20-26. - Reserved.#
ARTICLE II. - ADMINISTRATION#
DIVISION 1. - GENERALLY#
Secs. 20-27—20-55. - Reserved.#
DIVISION 2. - PLANNING COMMISSION#
Sec. 20-56. - Creation; number of members; appointment of liaison.#
The planning commission shall consist of five members, each to be appointed by the town council. The town council shall designate, by resolution, the composition of the planning commission. The five members of the planning commission shall be residents of the town and owners of property within the town. At least three of the five members shall hold no other public office or position within the local jurisdiction. The town council shall appoint a representative from among its members to act as a liaison between the town council and the planning commission.
Sec. 20-57. - Term of office.#
The terms of office for the five planning commission members shall be for two years, except that the first five appointments shall be two members appointed for one year and three members appointed for two years. Each appointment thereafter shall be for two years. The term of the office for the town councilmember designated liaison for the planning commission shall correspond to his tenure of office as a town councilmember.
Sec. 20-58. - Vacancies and removals for cause.#
Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment of the town council. The town council shall have the right to remove any member of the planning commission for misconduct and may remove any member for non-performance of duty. Non-performance of duty shall include a repeated failure to attend planning commission meetings.
Sec. 20-59. - Compensation.#
The planning commission shall serve without compensation, except that the town council shall provide for reimbursement of the members of the planning commission for actual expenses incurred, upon presentation of proper receipts and vouchers.
Sec. 20-60. - Officers.#
The planning commission shall elect a chairman and a pro tem from among its members, whose terms shall be for one year. The planning commission chairman shall vote only in case of a tie.
Sec. 20-61. - Rules and procedures.#
The planning commission may adopt rules of procedure as it may deem necessary for the proper conduct of its business. The planning commission shall keep a record of its procedures, and such records shall be open to inspection by the public at all reasonable times.
Sec. 20-62. - Quorum and vote.#
A quorum shall consist of three members and a chairman. Evidence shall not be presented unless a quorum is present. A majority vote is constituted of at least a majority of members present.
Sec. 20-63. - Employees; expenditures.#
The planning commission may, upon the approval of the town council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out the duties defined in this chapter, providing that such expenditures may not exceed the amount appropriated for the operation of the planning commission by the town council.
Secs. 20-64—20-84. - Reserved.#
ARTICLE III. - PLANS AND PLATS#
DIVISION 1. - GENERALLY#
Sec. 20-85. - Amended plats.#
Amended plats must be filed. When major changes in a plat of subdivision which has been recorded are made, approval of said subdivision shall be vacated and an amended plat thereof approved and filed in accordance with the requirements of this chapter.
(Ord. No. 96-02, § 13-4, 3-18-1996)
Secs. 20-86—20-113. - Reserved.#
DIVISION 2. - PLANS#
Sec. 20-114. - Subdivision plans required.#
Whoever, being the owner or agent of the owner of any land in a subdivision, except for land located in a recorded subdivision, transfers or sells any lots or lands without first preparing a final subdivision plat, and having such plat approved by the city planning commission and by the town council, and recorded in the office of the county recorder, shall be guilty of a misdemeanor, for each lot so transferred or sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties; provided, however, that in subdivisions of less than ten lots, land may be sold by metes and bounds without the necessity of recording a final plat, if all of the following conditions are met: (1)
The subdivision layout shall have first been approved in writing by the planning commission.
(2)
The subdivision is not traversed by the mapped lines of a proposed street as shown on the master plan of the town and does not require the dedication of any land for streets or other public purposes.
(3)
Each lot in the subdivision meets the frontage, width and area requirements of the zoning ordinance.
(Ord. No. 96-02, § 3, 3-18-1996)
Sec. 20-115. - Procedure for obtaining approval of a subdivision which does not require the submission of a final plat (less than ten lots).#
The procedure for obtaining approval of a subdivision with less than ten lots, which does not require the submission of a final plat, is as follows: (1)
Discuss proposed subdivision with town council. Any person wishing to subdivide within the town shall secure from the town council information pertaining to the town's plan of streets, parks, draining, zoning, subdivision of lands, and other master plan requirements affecting the land to be subdivided.
(2)
Vicinity plan. The subdivider shall then prepare a vicinity plan of a scale of not smaller than one inch equals 500 feet and shall submit three copies of the same to the town council. The vicinity plan shall show:
a.
The location of the subdivision;
b.
The general layout of streets, blocks and lots within the area to be subdivided;
c.
The relationship of the proposed streets within the subdivision to existing and planned streets within one-half mile from the outside boundaries of the subdivision; and
d.
The payment of a filing fee in the amount of $100.00, and $25.00 per lot.
(3)
Planning commission approval. The planning commission shall review and shall approve or disapprove the layout of the subdivision, or approve it subject to change or alteration.
(4)
Preliminary plan; engineering drawings. Upon approval of the vicinity plan by the planning commission, the subdivider shall prepare and submit the following information and material to the planning commission.
a.
Three copies of a preliminary plan of the subdivision.
b.
Three copies of engineering drawings showing typical cross sections of streets, location and size of both on-site and off-site water and sewer mains, street profiles, and contours.
(5)
Planning commission approval of preliminary plan.
a.
The planning commission shall review and shall approve or disapprove the preliminary plan, or approve it with modifications within 30 days from the date of the submission of the preliminary plan.
b.
Action of the planning commission shall be retained in the files of the town council, and one copy of the plan shall be returned to the subdivider. If disapproved, the planning commission shall express its reasons therefor.
(6)
Town council approval. The town council shall check the preliminary plan for accuracy of the lot boundaries and shall determine the amount of bond or other performance guarantee which shall be based upon an estimate of the cost of installing the required improvements.
(7)
Performance bond submitted to town. After approval of the preliminary plan by the planning commission, the subdivider shall post a bond or their assurances with the city, guaranteeing that the required improvements will be installed and paid for without cost to the city. Should the subdivider be allowed additional time to install improvements, the same shall be installed within 120 days after notice by the town to do so.
(8)
As-constructed plan. After the improvements have been installed, and prior to the final inspection and release of the bond, as herein provided, as-constructed plans shall be prepared and submitted to the town council, showing the location and details of design of all public facilities installed by the developer.
(9)
Future development of land. Where a subdivider owns or controls more land that he wishes to develop immediately, the planning commission may require that preliminary plan of the whole area, or significant part thereof, be submitted, in which case the subdivider shall indicate on the preliminary plan the portion to be developed for immediate improvement and the portion to be held for future development. Whenever approval for immediate development has been obtained on any part of a preliminary plan, approval of the remaining part of said preliminary plan shall remain in effect for a period of two years.
(Ord. No. 96-02, § 4, 3-18-1996)
Secs. 20-116—20-143. - Reserved.#
DIVISION 3. - PLATS#
Sec. 20-144. - Additional procedures for subdivisions over ten lots.#
Additional procedures for subdivisions over ten lots are as follows: (1)
Filing fee. The payment of a filing fee shall be in the amount of $100.00, and $25.00 per lot.
(2)
Final plat. After the preliminary plan has been approved, the subdivider shall prepare and submit two tracings of the final plat of the subdivision to the town council, together with all accompanying documents, as required by these regulations. One of the tracings may be a process duplicate when approved by the town council.
(3)
Planning commission approval of the final plat. After the final plat has been approved by the town council, it shall be submitted to the planning commission for its approval or disapproval.
(4)
Title report/title insurance. A preliminary title report or copy of a title insurance policy indicating ownership of the property and final plat shall be presented to the town council together with a copy of the performance bond by the subdivider for review regarding ownership of the property, zoning requirements, and sufficiency of bond documents.
(5)
Final plat must be approved by town council and recorded.
a.
The final plat must be approved or disapproved by the town council within 30 days. Upon approval of the final plat by the town council, the subdivider shall submit one copy of the final plat tracing to the county recorder. All final plats must be recorded in the office of the county recorder not less than 30 days from the date of approval of the final plat by the town council.
b.
A final plat of any subdivision which is not recorded within 30 days from the date of approval of the town council shall be null and void unless a longer period of time is approved by the town council.
c.
Approval of the final plat by the planning commission shall not be deemed as acceptance of the dedication of any street, public way or ground. Such acceptance must be obtained from the town council.
(Ord. No. 96-02, § 5, 3-18-1996)
Secs. 20-145—20-171. - Reserved.#
ARTICLE IV. - REGULATIONS AND REQUIREMENTS#
DIVISION 1. - GENERALLY#
Secs. 20-172—20-195. - Reserved.#
DIVISION 2. - SOIL TESTING#
Sec. 20-196. - When required; methods.#
As part of its subdivision approval process, the town council may require that proposed subdivisions undergo soil testing to determine the susceptibility of the soil in said subdivision to soil problems, including, but not limited to, subsidence, enlargement, hydrocompaction, settling, slippage, and sinking of soil in relation to construction thereon. In determining areas requiring such testing, the town council shall rely upon the recommendations of the town council, engineering consultants regarding soil conditions located within the town, and data and maps provided by federal and state governmental units such as the Bureau of Land Management, the Soil Conservation Service and the Utah Geological and Mineral Survey. The town council shall determine the number, location, and size of test holes to be drilled in a given subdivision, based upon the information provided them by the above sources. The test drilling shall then be conducted using one of the following methods: (1)
The town council shall retain engineering consultants to drill said test holes and make analysis and recommendations regarding the stability of the soil, its suitability for residential use and structural requirements the soil may necessitate. Prior to drilling said test holes, an estimate of drilling costs will be made, which amount shall be prepaid to the town by the subdivider prior to actual drilling, if the subdivider elects to pursue approval of the subdivision. If the actual costs are less than the amount paid based on the estimate, the difference shall be returned to the subdivider; if more, the difference shall be paid by the subdivider to the town, prior to approval by the council.
(2)
The subdivider may retain an engineering consultant to drill said test holes and make analysis and recommendations regarding the stability of the soil, its suitability for residential use and structural requirements the soil may necessitate, but any such consultant so retained must first be approved by the town council. Those results and recommendations shall then be submitted to a second engineering firm for its additional analysis and recommendations regarding the stability of the soil, its suitability for residential use and structural requirements the soil may necessitate. The cost of all engineering analysis shall be borne by the subdivider and payment for the second engineering opinion shall be prepaid by the subdivider to the town.
(Ord. No. 96-02, § 6, 3-18-1996)
Sec. 20-197. - Approval.#
(a)
The town council may either approve or disapprove the application of a subdivision in which a soils test has been required after considering the findings and recommendations of the report.
(b)
Engineering reports as required in section 20-196 shall be considered by the town council and, if deemed appropriate, may be adopted by the council as a specific set of regulations to be followed in the construction of any buildings in the subdivision as outlined in section 20-198. Additionally, copies of an engineering report adopted by the town shall be retained by the subdivider at its principal place of business for review and inspection by purchasers and the general public, and it shall be filed with the county building inspector and town clerk/recorder.
(c)
A subdivision plat of a subdivision so approved shall contain a notice stating words to the effect that a soils test has been required of a subdivision and that a copy of the report is available for review and inspection at the offices of the subdivider whose address shall be listed at the end of said notice and with the building inspector and the town clerk/recorder.
(Ord. No. 96-02, § 7, 3-18-1996)
Sec. 20-198. - Construction.#
(a)
Structures erected within a subdivision in which a soils engineering report has been required must be built in accordance with the final specifications adopted by the town council. This shall be in addition to all other building code requirements.
(b)
The building inspector shall have the authority to deny a building permit to a builder proposing to erect a structure not in compliance with the final specifications adopted by the town council. The town council shall assist the building inspector in determining the compliance of builders with the engineering report. The building inspector shall maintain a complete copy of the soils engineering report for inspection and review by the general public and for his own use in performing the duties of the town building inspector.
(Ord. No. 96-02, § 8, 3-18-1996)
Secs. 20-199—20-219. - Reserved.#
DIVISION 3. - WATER PRESSURE#
Sec. 20-220. - Minimum requirement.#
No subdivision shall be approved in an area in which the water pressure at the highest spot in said subdivision has less than the state minimum requirement of pressure with the water tank serving said area containing the amount of one foot of water in said tank unless said subdivision installs a water system consisting of either additional storage, booster pumps, or other requirements as determined to be necessary by the town council, to provide service to areas within said subdivision not meeting the state requirement.
(Ord. No. 96-02, § 13-3, 3-18-1996)
Secs. 20-221—20-248. - Reserved.#
DIVISION 4. - PARKS, SCHOOL SITES, AND OTHER PUBLIC SPACES#
Sec. 20-249. - Consideration and dedication.#
In subdividing property, consideration shall be given to sites for schools, parks, playgrounds, and other areas for public use, as shown on the master plan. Any provisions for such open spaces should be indicated on the preliminary plan in order that it may determine when and in what manner such areas will be dedicated to, or required by, the appropriate agency.
(Ord. No. 96-02, § 13-2, 3-18-1996)
Secs. 20-250—20-276. - Reserved.#
DIVISION 5. - UTILITIES#
Sec. 20-277. - Minimum utility easements on residential lots.#
(a)
Residential subdivision plats prepared for filing shall be required to show the following minimum utility easements:
(1)
Minimum ten-foot utility easement on the front lot line;
(2)
Minimum six-foot utility easement on the side lot line; or
(3)
Minimum 7½-foot utility easement on the rear lot line.
(b)
Said utility easements shall be for the purpose of installing and maintaining utility lines as required. Prior to filing of any residential subdivision plat, all utilities currently operating in the town shall acknowledge by signature on the plat that they have reviewed said utility easements.
(Ord. No. 96-02, § 13-5, 3-18-1996)
Secs. 20-278—20-302. - Reserved.#
ARTICLE V. - IMPROVEMENTS#
DIVISION 1. - GENERALLY#
Secs. 20-303—20-322. - Reserved.#
DIVISION 2. - REQUIRED#
Sec. 20-323. - Installation standards.#
Subdivision improvements shall be installed in accordance with standards and requirements as hereinafter set forth. In lieu of actual construction of the improvements, a bond or other assurance may be furnished to the town by the subdivider at the time a subdivision map is accepted by the town, as a guarantee that the improvements will be constructed and paid for. (1)
All streets shall have sub-base, and two-inch oil mat 30 feet wide in accordance with town specifications.
(2)
Street drainage and drainage structures shall be provided in accordance with town specifications as required by the town council.
(3)
The subdivider shall install sanitary sewers as approved by the town council in compliance with town specifications.
(4)
Water mains having a diameter of not less than six inches shall be installed in accordance with standards as approved by the town council.
(5)
Easements shall be provided and fire hydrants installed to town specifications.
(6)
Underground utilities shall be installed within the subdivision. A subdivider may have the option of installing overhead utilities in any portion of the subdivision in which overhead utilities existed at the time of the presentation of the vicinity plat where such utilities could serve that portion of the subdivision.
(Ord. No. 96-02, § 9, 3-18-1996)
Sec. 20-324. - Engineering fees.#
The developer shall be required to pay to the city an inspection fee for inspecting improvements installed by the developer. The minimum inspection fee shall be computed at the rate of one percent of the cost of improvements.
(Ord. No. 96-02, § 10, 3-18-1996)
_____
Sec. 20-325. - Cost of improvements.#
Cost of improvements which are covered under the provisions of this section, as well as the cost of other improvements which the developer may install, shall be shared between the developer and the city, according to the following schedule: Facility City Developer
On-site easements and rights-of-way 0% 100%
Off-site easements and rights-of-way 100% 0%
On-site grading and drainage of streets 100% 0%
Off-site grading and drainage of streets Negotiations with town council Negotiations with town council
Bridges 100% for all minor streets 0%
Street and paving 100% 0%
Street signs 100% 0%
Electric utilities 100% 0%
On-site water line 100% up to and including 6" in
diameter All required oversize in excess of 6" in diameter
Fire hydrants 100% 0%
On-site sanitary sewer 100% up to and including 8" in
diameter All required oversize in excess of 8" in diameter
Off-site water line 100% up to and including 6" in
diameter, repayment to be subject to negotiations with town council All required oversize in excess of 6" in diameter
Off-site sanitary sewer 100% up to and including 8" in
diameter, repayment to be subject to negotiations with town council All required oversize in excess of 8" in diameter
Storm drains, canals and flood
channel protection Special negotiations with town
council Special negotiations with town
council
Parks Special negotiations with town
council Special negotiations with town
council
(1)
Exception is made when the street is a federal or state highway.
(2)
Whenever any intervening (off-site) property is benefited by the installation of any of the required facilities, the developer and/or town may advance the cost of the same and defer the collection of such charges until such time as the property is developed. Such charges shall be satisfied before any service connection shall be granted or accepted by the town. If, for any reason, the town is not in a position to advance the cost of off-site facilities, a developer may advance said costs for which the town will enter a deferred credit on its books and records, and shall reimburse the developer upon collection by the town of charges herein prescribed. Reimbursement for off-site improvements shall extend for a period of ten years from the date of final approval of the subdivision or until the initial cost of such improvements shall have been refunded, whichever is less. After ten years, no further refunds shall be made to the subdivider, nor shall the reimbursement include interest or be for a greater sum than the initial cost of the off-site improvements.
(Ord. No. 96-02, § 11, 3-18-1996)
Secs. 20-326—20-353. - Reserved.#
DIVISION 3. - PERFORMANCE#
Sec. 20-354. - Type and amount of guarantees.#
(a)
The type of performance guarantee may be in the form of a surety corporation bond in an amount equal to the cost of the required utilities and improvements.
(b)
When approved by the town council, the subdivider may deposit money with the town or convey a mortgage on land or property having a value at least equal to the cost of the required improvements, as determined by the town council.
(Ord. No. 96-02, § 12-1, 3-18-1996)
Sec. 20-355. - Duration.#
The duration of the surety corporation bond or mortgage shall continue until all improvement work has been completed by the subdivider.
(Ord. No. 96-02, § 12-2, 3-18-1996)
Sec. 20-356. - Default.#
In the event the subdivider is in default or fails or neglects to satisfactorily install the required utilities and improvements within two years from the date of approval of the final plat by the town council, or to pay all liens in connection thereto, the town may declare the bond, mortgage, or other assurance forfeited, and the town may install or cause the required improvements to be installed, using the proceeds from the collection of the bond or sale of property to defray the expense thereof.
(Ord. No. 96-02, § 12-3, 3-18-1996)
Sec. 20-357. - Final inspection and release.#
The town council shall inspect the work during construction for quality of materials and workmanship, but the subdivider shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or mortgage, the town council shall make a preliminary inspection of the public service facilities setting forth the condition of such facilities. If all liens are paid, as-constructed plans filed and other conditions thereof are found to be satisfactory, the town council shall release the bond, mortgage, or other assurance. If the condition of material or workmanship shows unusual depreciation or does not comply with acceptable standards of durability, if any outstanding liens are not paid, or if as-constructed plans have not been submitted to the town within the required time, the town council may declare the subdivider in default.
(Ord. No. 96-02, § 12-4, 3-18-1996)
Sec. 20-358. - Special improvement contracts.#
In the event that the improvements are installed under special improvement contracts, the planning and execution of the work shall be carried out as prescribed by laws pertaining thereto.
(Ord. No. 96-02, § 12-5, 3-18-1996)
Secs. 20-359—20-389. - Reserved.#
DIVISION 4. - STANDARDS#
Sec. 20-390. - Installation to comply with specifications.#
All improvements shall be installed in accordance with town specifications as directed by the town council.
(Ord. No. 96-02, § 13-1, 3-18-1996)