Carbon County Unincorporated
City Zoning Code

The following large and small scale developments may be authorized within the County, but only in those zoning districts in which the particular development type is specifically listed, as a permitted conditional use. 

Residential treatment facilities shall be deemed to be permitted uses in all zoning districts in which residences are allowed as permitted uses.

Conditional use permit applications for other conditional uses authorized in particular zoning districts, as set forth elsewhere in the County Development Code, shall be administered according to this Section.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

A conditional use is a land use that, because of its unique characteristics or potential impact on the county, surrounding neighbors or adjacent land uses, may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts of the land use.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations where they are, or will be located, or if the use is specified as a conditional use elsewhere in this Carbon County Land Use Ordinance.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The listing of a conditional use in any table of permitted and conditional uses found at the end of each chapter of this Carbon County Land Use Ordinance for each category of zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth in this chapter and with the standards for the district in which it is located, in order to determine whether the conditional use is appropriate at the particular location.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Only when the following elements are satisfied is a conditional use application deemed complete: 

1. An application for a conditional use permit shall be made to the Carbon County \zoning administrator. All applications shall be signed by the property owner or certified agent thereof in writing upon the form designated by the zoning administrator. 
2. Detailed sites plans and specifications drawn to scale shall be submitted with the completed application form. The applicant shall provide a detailed estimate of the cost of the project. Additionally, the zoning administrator may require additional maps, drawings, statements or other documents, including water and waste water feasibility letters or studies; applicable impact studies; technical studies regarding grading, drainage, traffic, geologic hazards; and assurances, etc. 
3. The initial application fee for any conditional use permit shall be paid in full. The payment of a partial application fee, or the submittal of plans or other documents for a pre-submittal review, does not constitute a complete application.

Plans requiring review by the Planning Commission shall be provided 14 days in advance of the next regularly scheduled meeting of the Planning Commission so that staff can review the materials submitted for completeness and place the item on the agenda for consideration by the Planning Commission.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. The zoning administrator or the zoning administrator’s designee shall administer an application review procedure in which the proposed use and the proposed site development plan are evaluated for compliance with all applicable ordinances and codes and for anticipated detrimental effects.
2. The application review procedure shall contain the following components: 
3. Referral of the application to all affected entities; 
4. A review of the proposed site plan for compliance with applicable sections of the zoning ordinance; 
5. A review of the proposed use and site plan to ascertain potential negative impacts and whether reasonable conditions can be imposed to mitigate those impacts. 
6. The application review procedure may include the following: 
7. Referral of the application to County departments, as well as to other outside governmental or regulating entities for recommendations and approvals; 
8. A pre-application meeting, in which preliminary site plans are reviewed prior to finished plans being submitted for review. County staff may discuss the basic concept of the development and provide information concerning the County’s and this Code’s requirements for zoning approval and compliance, along with concept construction plans, and other required data to be submitted to obtain building permits. The County staff may suggest changes in the proposed development project so that the project may be more fully consistent with the County’s development regulations, policies and this Code. The recommendations from the staff shall be purely advisory and in no way shall the conference be construed to constitute approval or disapproval of the plan. 
9. An on-site review of the proposal by the director, director’s designee or staff;
10. A requirement that the applicant submit impact studies or other technical studies regarding grading, drainage, traffic, geologic hazards, etc.
11. Any required development agreements, prepared at the expense of the developer, in a form acceptable to Carbon County. 
12. Any required financial or performance guarantees. 
13. For projects requiring the filing and recording of a plat:
14. The original Mylar and one (1) print of the final plat.
15. Final engineering drawings.
16. Documents indicating full compliance with the culinary and fire water and sewage disposal requirements for each lot in the project, as determined by the County. 
17. An itemized estimate of the cost of constructing all required private or public improvements, prepared by the developer or his agent, engineer, or contractor, which has been approved by the County Engineer.
18. A title report, covering the property within the final plat area, to identify all interests in the property which may have an effect on the title and to establish that the land proposed for subdivision is free of boundary conflicts and that the proper dedications can be made. This requirement shall also ensure that purchasers of lots will have a clear and marketable title. 
19. A storm drainage plan for the area effected by the development prepared by a professional engineer and which has been reviewed and approved by the County Engineer. 
20. Final copies of all other required documentation, when applicable. 
21. A performance guarantee in an amount determined by the cost estimate and Section 7 of this Code.
22. A development agreement, which outlines the work to be performed, the duties of the developer, and any other pertinent details. 
23. For Utility Transmission projects: A plan of the proposed transmission project shall be submitted. Said plan shall show: 
24. Location and width of rights-of-way.
25. Proposed location of all lines and related structures.
26. Summary of all proposed clearings, access roads, road construction activity or similar activity.
27. Other data as required by the County. 
28. An environmental impact statement that identifies and evaluates the significant impacts upon the social, economic and natural environment of the County, when required by the Planning Commission. 
29. A reclamation plan. 

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The zoning administrator shall act as the Land Use Authority with respect to all conditional use permits, except that the Planning Commission shall act as the Land Use Authority as to the following types of conditional use permits:

1. Large scale industrial projects;
2. Any industrial or energy related conditional use permit within the Watershed Zone;
3. Any conditional use permit for the approval of water diversions, and water storage and distribution systems, facilities, and infrastructure;
4. Correctional facilities; 
5. Public and private airports, flying fields, helicopter pads, including terminal and aircraft storage facilities; 
6. Exploratory, disposal, and production wells which are part of a large scale industrial project; 
7. Major utility transmission and railroad projects; 
8. Mines; 
9. Petroleum products processing and storage yards; 
10. Storage, processing, and loading of gravel and earth products; 
11. Electric Power Generating Plants;
12. Trucking terminals; 
13. Planned Mountain Home Developments, Planned Unit Developments, Recreation Vehicle Courts, and Mountain Recreation Developments; 
14. Manmade Lakes and Reservoirs;
15. Planned Shopping Centers and Malls.

The zoning administrator may, in his discretion, designate the Planning Commission to consider any matter as the Land Use Authority with respect to any conditional use permit which he would otherwise be permitted to consider under this Ordinance. The zoning administrator shall approve an application within 30 days of its submission; otherwise, the applicant shall have the right to present the application to the Planning Commission for its approval.

When considering an application, the Planning Commission may recommend to the applicant that he revise his application and that the matter be continued prior to a decision being made on the application, but the Planning Commission shall not continue the matter unless the applicant consents to a continuation. 

Any applicant may request that a conditional use permit that could otherwise be approved by the Zoning Administrator be considered instead by the Planning Commission, as set forth above.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The land use authority shall approve a conditional use permit if the applicant, after having submitted a completed application, brings forth substantial evidence to show that reasonable conditions can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use, in accordance with applicable standards in which a conditional use permit is required by the regulations of that zone or elsewhere in these ordinances. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards the conditional use shall be denied. The effects of the proposed use shall include the effects upon adjacent or nearby properties and other nearby land uses, public facilities, and the public welfare. A conditional use permit shall not be issued if the applicant has made a false, misleading or deceptive statement in providing the information required.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. The land use authority shall ensure that the conditions imposed are not capricious, arbitrary, nor contrary to any precedent set by permits issued by the Land Use Authority which are similar in use and zone, unless such previous permits were not issued in accordance with the provisions and standards of this Ordinance.
2. Conditions which satisfy industry standards and regulating authorities shall be presumed by the Land Use Authority to constitute substantial evidence that such conditions can be reasonably anticipated to mitigate anticipated detrimental effects of the use. Such conditions include, but are not limited to, the following: 
3. Conditions imposed by agencies or departments of the United States of America or of the State of Utah regulating or having jurisdiction over the particular use in question, or having authority over the detrimental effect sought to be mitigated, including but not limited to conditions imposed by: 
4. the Utah Department of Environmental Quality (DEQ);
5. the Utah Division of Oil, Gas & Mining (DOGM); 
6. the Utah Department of Transportation (UDOT); 
7. the Environmental Protection Agency of the United States (EPA);
8. the Occupational Safety and Health Administration of the United States (OSHA); 
9. the State Fire Marshal.

The Land Use Authority may presume that the conditions required by any federal or state agency regulating the use for which the application is submitted are comprehensive and sufficient to mitigate all reasonably anticipated detrimental effects of the use. 

1. Conditions required by local regulatory agencies, including but not limited to the Southeastern Utah Health Department; 
2. Conditions required by the County Engineer or by a County department with authority to regulate the use or condition to be imposed; 
3. Conditions suggested or proposed by an engineer, architect, certified planner, building inspector, or other credentialed or experienced expert in the field of the conditional use or in the field of the detrimental effect sought to be mitigated, who demonstrates that the condition meets standards generally recognized in the State of Utah in his or her professional field. Such standards include but are not limited to: 
4. AASHTO standards;
5. Utah Uniform Building Codes (including uniform plumbing, electrical, mechanical codes, etc.);
6. The following conditions shall be included in all conditional use permits, as applicable, unless substantial evidence can be shown that such conditions cannot be reasonably anticipated to mitigate the anticipated detrimental effects of the use: 
7. The applicant will abide by all other State and Federal laws governing the conditional use; 
8. The applicant will keep the area free of all trash and waste.
9. Conditions may be imposed without the recommendation of an industry or regulatory expert, or in addition to the conditions imposed by a State or Federal regulatory agency, if the Land Use Authority finds substantial evidence exists to require the imposition of such conditions in order to mitigate reasonably anticipated detrimental effects of the use to the health, safety comfort, order or general welfare of Carbon County and its citizens, residents, visitors, and businesses; to ensure that the use does not result in the creation of public or private nuisances; and to ensure that the use will not interfere with the rights of quiet enjoyment of property owners, residents, and other interests near the proposed use. Such conditions may include, but are not limited to the following: 
10. Requiring the posting of a reclamation bond or other security: 
11. for the restoration of real property to its previous state, including reestablishing previously existing contours and conditions; 
12. for the removal of unsightly, dangerous, or hazardous conditions or waste;
13. for the removal of nuisances; or
14. for the removal or mitigation of any other conditions that are reasonably foreseeable to cause harm to the public welfare. 
15. Requiring a financial guarantee as required elsewhere in this Code that will insure installation of the project in accordance with the final plan. The financial guarantee shall be released by the Board of County Commissioners following completion of the project, but only after final inspection by the County Commission, or designated agent, to determine compliance with the final plan;
16. requiring a development agreement for the installation of public works; 
17. requiring the site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, stormwater runoff, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations; 
18. requiring all required public facilities have adequate capacity to serve the proposal; 
19. limiting the hours, days, place and/or manner of operation; 
20. requiring site or architectural design features which minimize environmental impact such as noise, vibration, exhaust/emissions, glare, erosion, odor and/or dust;
21. requiring larger setback areas, lot area, and/or lot depth or width; 
22. limiting the building height, size or lot coverage, and/or location on the site; 
23. designating the size, number, location and/or design of vehicle access points or parking areas;
24. requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved provided that: 
25.  an essential link exists between a legitimate governmental interest and each exaction; and 
26. each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development; 
27. requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas; 
28. limiting the number, size, location, height and/or lighting of signs; 
29. limiting or setting standards for the location, design, and/or intensity of outdoor lighting; 
30. requiring berms, screening or landscaping and the establishment standards for their installation and maintenance;
31. requiring and designating the size, height location and/or materials for fences;
32. encouraging the protection and preservation of natural features including existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, slopes, cultural resources, and/or sensitive lands.
33. requiring the protection and preservation of groundwater recharge areas; 
34. limiting noise generation; 
35. minimizing environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities;
36. turn-lane improvements at street intersections may be required when:
37. an unsafe condition would be created by the development without the improvements; or
38. the projected increase in traffic generated by the new or expanded use will lower the level of service; 
39. providing for emergency response access; 
40. requiring pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks; 
41. requiring the retention, detention, or discharge of stormwater or waste water in a reasonable manner; 
42. requiring applicant to keep the use in compliance with the general plan of Carbon County.
43. Conditions which do not meet the above listed standards may not be imposed unless such conditions are necessary to protect a compelling, countervailing public interest. 

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

If a conditional use permit is granted by the applicable Land Use Authority, the conditional use permit shall be issued in writing and signed by the applicable authority. The permit shall set forth each and every specific condition imposed by the Land Use Authority. The applicant shall also acknowledge the terms and conditions of the permit by signing the same. The permit shall not be effective until it has been signed by both the applicable Land Use Authority and the applicant.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The applicant shall come into compliance with all conditions of the permit within 30 days of the issuance of the permit, or shall be deemed to be in violation thereof. The Planning Commission shall have the right to extend the term by which all conditions of the permit are satisfied if doing so will not materially affect the health and welfare of the general citizenry. 

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Any party adversely affected by the granting or denial of a conditional use permit by the Land Use Authority may appeal to the Appeal Authority designated within the County Development Code within 30 days of the decision of the Land Use Authority. 

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Modifications requested by the holder of the permit may be granted if it can be reasonably determined that such changes or modifications are necessary to accommodate special circumstances related to the location, siting, or implementations of the approve site plan and conditions, and such modifications are so insignificant and minor as to not measurably or unreasonably change the approved site plan or intent of the conditions imposed by the conditional use permit. Any modification which would enlarge the area of use, change the use to a different permitted use in the underlying zoning district, add to the number of structures or result in an increase in the number of structures, or otherwise significantly alter the intent of the approved conditions and the character of the neighborhood shall be considered to be a new application. 

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Unless there is substantial action under a conditional use permit within a period of one year from the date written approval of the conditional use permit is granted, the conditional use permit shall expire. The Planning Commission may grant a maximum extension of time of one year. Upon expiration of any extension of time granted by the Planning Commission, the approval for the conditional use permit shall expire and become null and void.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

When an approved conditional use has been discontinued and/or abandoned for a period of one year, the conditional use permit becomes null and void. In order to restore the conditional use, a new application must be submitted.

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

A breach, violation or default of the terms of the conditional use permit may result in the revocation of the permit by the Planning Commission. The holder of the permit shall first be given notice of violation in writing, and shall be given 30 days to remedy the violation of the permit. In the event that the violation of the permit materially affects the health and safety of the public, the zoning administrator may in his discretion require that the violation be remedied within a shorter period of time. In the event the violation has not been remedied within 30 days of the notice of the violation, the Planning Commission shall, after giving reasonable notice to the holder of the permit, require the holder of the permit to attend a public meeting and show cause why the permit should not be revoked. Multiple or repeated violations of the terms of the permit shall not require that 30 days’ notice be given prior to a hearing before the Planning Commission, but in all cases the permit holder shall be afforded a hearing before the Planning Commission, and only the Planning Commission shall have the right to revoke the conditional use permit.

After considering the arguments and evidence put forth by the holder of the permit, the Planning Commission shall determine whether the permit will be revoked. The Planning Commission shall revoke the permit if it determines that the holder of the permit is unwilling or unable to abide by the terms and conditions of the permit, and the conditional use shall immediately cease. 

HISTORY:

Ord. 491, 1/17/2018

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Planned Mountain Home Developments may be constructed in those zones in which they are specifically listed as a permitted use, subject to compliance with the intent of the zone in which they are situated and the following conditions and procedures:

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Any use permitted in the underlying zone, subject to all conditions relating thereto.
2. Residential accessory structures.
3. Common areas and recreation facilities for the use and enjoyment of the members of the development.
4. Fences and walls.
5. Trails. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The minimum acreage required to qualify for a Planned Mountain Home Development shall be eighty (80) acres.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The maximum number of dwelling units within a Planned Mountain Home Development shall be in accordance with the following density schedule: 

Depending on proximity to water sources the Planning Commission may require a decrease in density following a hydrological study of the area. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Same as required under Section 5.15.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Development Clusters: All dwelling sites shall be located within a designated development area. Each area shall contain not less than four (4) separate building lots or sites.
2. Size of Dwelling Sites or Lots: Individual dwelling sites or lots within a cluster shall conform to the following schedule: 

Minimum Lot Size

Each lot shall have the following minimum width: 

1. Steep slopes to Remain in Natural State:  All land surface having a slope of thirty (30) percent or greater shall remain in its natural state.
2. Each Building Site to have Buildable Area: Each lot or site shall contain a natural buildable area of not less than ten thousand (10,000) square feet in the MR and RFM zones, and not less than six thousand (6,000) square feet in the SL and PV zones. Buildings shall be located as per the location requirements of the underlying zone. No individual wastewater (septic) system shall be located closer than three hundred (300) feet from a lake or perennial stream. 
3. Street System: Each development cluster and each lot within a development cluster shall front upon and have access to an existing County road or a private vehicular travelway constructed to County standards. Where access to a development is over a private travelway and across private property, right of perpetual access to the development shall be guaranteed by a recorded surface easement with all intervening private property owners. 
4. Grade of Travelways: No roadway shall have a grade of more than fifteen (15) percent on minor streets (not to exceed 500’ in length), or twelve (12) percent on collector streets (not to exceed 500’ in length). No roadway shall be constructed in a location or such a manner which produces a slope face which exceeds the critical angle of repose. 
5. Water Rights and Supply: Satisfactory evidence of title and approval to use an ongoing water right approved for domestic purposes from a reliable water supply source, in the amount necessary to meet the requirements of this Code, the Utah Department of Environmental Quality, Drinking Water, and the Plumbing Code shall be submitted, see Section 3.3.30.
6. Domestic Sewage Disposal: When located within the boundaries of a district or agency providing central sewer, the requirements of said district or agency should be met. When served by individual wastewater disposal systems (septic), the requirements of the Health Department shall be met prior to the issuance of a building permit. Satisfactory evidence of compliance shall be submitted in the form of a written statement from either the serving sewer district or agency, or the Health Department. The final plat for any Planned Mountain Home Subdivision shall bear the approval of the serving sewer district or agency and the Health Department. Each individual wastewater drain field shall provide a four (4) foot unsaturated horizon above any water table. Holders of an individual wastewater disposal permit shall be responsible for the maintenance of their system in the event of failure. 
7. Open Space:
8. Open Space Areas to be Designated: All land not included within building lots or sites or used for roadways, utilities, trails, developed common facilities, or other essential use shall be designated as natural open space for the common use of the occupants of the development by the developer.
9. Open Space Preservation Agreement:  The developers shall execute in the development agreement an open space preservation provision, in which the developer agrees for himself, his successors and assigns to refrain from excavating, constructing roadways, installing utilities, constructing dwellings or buildings, or other structures on the designated open space areas without prior approval of the County through an amendment of the Development Plan. All flood plain areas and floodways, if any, shall be included as part of the common open space.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed in all developments, if not existing. Said improvements shall meet minimum County standards and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the time limit for a period up to six (6) months. Financial assurances guaranteeing the construction of all required improvements shall be in accordance with the provisions in Section 7.

1. Roads, streets and travelways.
2. Onsite and offsite water mains and supply facilities.
3. Central sewer collection and treatment facilities, where required. 
4. Permanent survey markers. 
5. Trail improvements and markers, where required.
6. Fire hydrants, per this Code.

Developers may install other improvements; however, the construction of other improvements shall not be required as a condition of approval of a Planned Mountain Home Development.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. The following documents and statements shall be submitted as part of the application for approval:
2. Statement from serving sewer district that the district can serve the development, or
3. Statement from Health Department that preliminary requirements for septic approval have been met. 
4. Statement from State Engineer that water rights are owned by developer and may be approved for development.
5. Prior to execution of the development agreement and recording of a plat, the following documents shall be submitted to the Zoning Administrator for approval: 
6. Covenants, conditions and restrictions.
7. Statement from serving sewer district that requirements have been met, or
8. A statement from the Health Department that each lot has been approved for an individual wastewater system.
9. Development and open space agreement.
10. Articles of incorporation of the homeowners association.
11. Conveyance of water rights to homeowners association.
12. An engineer’s or contractor’s estimate of the cost of required improvements.
13. A financial guarantee per Section 7.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

It is the intent of these provisions to permit the construction of major industrial activities under controlled conditions, which will best preserve the quality of life and protect the health, safety and general welfare of the public. These projects may include, but are not limited to manufacturing, fabrication, salvage yards, power plants and similar industrial activities which emit fumes, smoke, noise, vibration, dust, glare or odor in amounts that are discernable beyond the limits of the site.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

A narrative description of the proposed project and a site plan drawn to scale of the proposed industrial development shall be submitted. Said plan shall show the following information: 

1. The location of existing and proposed structures and their intended use.
2. The location of all access ways, driveways, parking areas, fences, walls, and proposed landscaping. 
3. The location of any outside storage areas.
4. Provisions for and locations of water and sewage disposal lines. 
5. The location of all natural drainage channels and any live streams or bodies of water.
6. Any other information requested by staff to show compliance with the zoning district, County Ordinance, or other regulation.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. All buildings used for human occupancy shall be served by an approved and recognized culinary and fire protection water supply and by a sewage disposal system which conforms to the requirements of the underlying zone. 
2. Each project shall abut upon and have access to a State Highway, Class B County road, or shall abut upon or have access to a restricted access road or private travelway which is constructed in accordance with County standards, and which is connected directly to a State Highway or County Class B road. 
3. The Planning Commission may require the installation of landscaping to buffer the effects of the proposed development from existing neighborhoods or other natural areas. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed in all developments. Said improvements shall meet minimum County standards and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the time limit for a period up to six (6) months. Financial assurances guaranteeing the construction of all required improvement shall be in accordance with the provisions in Section 7. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

It is the intent of this Section to promote and regulate the health, safety, social, economic and environmental impacts to the County from mine developments and to regulate the location, construction, operation and reclamation of lands subjected to mineral extraction activities.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

This section shall apply to all new and expanded existing underground mines. In the case of conflicting provisions, The Utah Division of Oil Gas and Mining shall be considered the County’s expert in determining the proper regulations necessary to protect the land and residents of the County. 

The permits required and obtained from the State for the construction and operation of the mine shall be sufficient evidence of compliance with the onsite surface provisions of this section, except for the proper construction of any surface facilities regulated by the State and County Building Codes which shall be constructed in accordance with those adopted building codes.

Carbon County will regulate the off-site improvements and operations in compliance with this section and other County Ordinances. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Major mining developments shall be approved as required under Section 5.15.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of this section is to allow the installation of major electric power, petroleum, natural gas and water transmission lines and railroad tracks, while meeting the responsibility to provide for the health, safety and general welfare of the public. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

These provisions shall apply to major utility transmission lines and railroad projects as defined in this Code.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Major Utility Transmission and Railroad Projects shall be approved as required under Section 5.15 except that for electric power transmission lines of less than 138 KV capacity the approval procedure shall be as set forth under Section 3.3.32.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Change of Official Map. The County shall add the project to the Official Map of the County, after the project receives final approval from the Legislative Body.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of this section is to establish guidelines dealing specifically with design, construction and operation of planned unit developments.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Any use permitted within the underlying zone.
2. Common areas and recreational facilities including golf courses, swimming pools, tennis courts, clubhouses, recreational buildings, landscape parks and similar recreation facilities for the use and enjoyment of residents.
3. Driveways, streets, trails, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The maximum number of dwelling units within a Planned Unit Development shall be in accordance with the following density schedule: 

The proposed plan shall include all potentially developable property or shall be designed to permit the extension of the development into those areas not included within the original plan. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Open Space Areas to be Designated: All land not included within building lots or sites or used for roadways, utilities, trails, developed common facilities, or other essential use shall be designated as natural open space for the common use of the occupants of the development by the developer. 
2. Open Space Preservation Agreement:  The developers shall execute in the development agreement an open space preservation provision, in which the developer agrees for himself, his successors and assigns to refrain from excavating, constructing roadways, installing utilities, constructing dwellings or buildings, or other structures on the designated open space areas without prior approval of the County through an amendment of the Development Plan. All flood plain areas and floodways, if any, shall be included as part of the common open space. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Planed Unit Developments shall be approved as required under Section 5.15 of this Code.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The layout and design of all planned unit developments, and the content of all required plats, engineering plans and other required submissions, shall be prepared in accordance with minimum County standards. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Satisfactory evidence of an entitlement to a firm and uninterruptible right to the use of culinary and fire water, from a recognized water supply agency for each lot or unit in the development, shall be submitted with each application as follows: 

Written approval by the Price River Water Improvement District or other recognized water supply entity, indicating:

1. That the developer has satisfied the agency’s water rights conveyance requirements, and 
2. That the agency is willing and able to provide a perpetual supply of water adequate for both culinary use and fire protection purposes, as determined by the County. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed in all Planned Unit Developments, if not existing. Said improvements shall meet minimum County standards and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the time limit for a period of up to six (6) months. Financial assurances guaranteeing the construction of all required improvements shall be in accordance with the provisions in Section 7.

1. Streets and access driveways.
2. Curbs, gutters, and walkways, in R-1-12,000, R-8,000, R-2-8,000 and R-4-8,000 zones.
3. Drainage and flood control structures and facilities. 
4. Water mains, both on-site and off-site, if not existing, per State and County requirements.
5. Sewer mains when required by the underlying zones, if not existing. 
6. Fire hydrants.
7. Permanent survey monuments.
8. Gas, electric and telephone lines (which shall be placed underground). 
9. Landscaping in any common areas created. Natural areas shall remain undisturbed. 
10.  Sprinkling or other suitable irrigation systems, to maintain common areas.
11. Fences, walls and all other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
12. Common storage area, where deemed necessary.

Developers may install other improvements; however, the construction of other improvements shall not be required as a condition of approval of a planned unit development.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the developer for each development. All documents shall be prepared in accordance with County standards.

1. Where the development is to be retained in one ownership, required documents shall include:
2. Covenants, conditions, restrictions and management policies.
3. Maintenance agreement.
4. Open space easement (when required by County).
5. Documents indicating satisfaction of water rights, water supply and sewage disposal requirements.
6. Improvements construction agreement. 
7. Where the development has two or more owners, or where an existing development is being condominium-ized or otherwise divided into two or more ownerships, required documents shall include: 
8. Articles of incorporation for homeowner’s association.
9. Corporation by-laws.
10. Covenants, conditions, restrictions and management policies.
11. Maintenance agreement. 
12. Open space easement (when required by County).
13. Documents indicating satisfaction of water rights, water supply and sewage disposal requirements.
14. Improvements construction agreement. 
15. Final subdivision plat or record of survey map, as applicable.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Where the development is being developed for sale as a condominium the plans and documents shall also comply with the provisions of Section 5.7, and the approval process may be combined.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of this section is to establish guidelines dealing specifically with design, construction and operation of proposed new condominium projects. These provisions shall be supplemental and in addition to the general requirements for large scale developments contained under Section 5.1 of this Code, and also the requirements of the Utah Code Annotated, 1953, as amended.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Uses permitted within a condominium project shall be limited to those uses specifically permitted within the zone that underlies the area of the project. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Where the proposed condominium project consists of a use or structure that is authorized as a use-by-right within the zone, said use or structure shall comply to all applicable requirements of the underlying zone. 

Where the proposed condominium project is to be developed under the provisions relating to a planned unit development, planned shopping center, or similar Planned Development, all uses or structures shall comply with the plans for such project as approved by the County. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The procedure leading to approval of a condominium project – new construction shall be the same as set forth in Section 5.15.

Where such condominium project is being developed as a planned unit development, planned shopping center, or similar planned development, the procedures for approval of said planned development and the approval of said development as a condominium project may be combined.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the developer for each condominium project: 

1. Articles of Incorporation
2. Corporation By-laws
3. Declaration of Covenants, Conditions, Restrictions and Management Policies/Declaration of Condominium 
4. Management Agreement
5. Open Space Easement, where deemed necessary 
6. Title Report
7. Record of Survey Map/Final Subdivision Plat (when applicable) 

Where, in the opinion of the Planning Commission, a particular document as required under this Section is inapplicable for the particular condominium project proposed, the County may waive the requirement for submitting said document.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

It shall be unlawful to record any record of survey map or declaration of a condominium project in the Office of the County Recorder, unless the same shall bear thereon final approval of the Planning Commission as required by the terms of this Code, and any record of survey map or declaration so recorded without such approval shall be null and void. Any owner, or agent of any owner, of land or units located within a purported condominium project, who transfers or sells any land, structure or condominium unit in such a purported condominium project, before obtaining the final approval by the Planning Commission on the record of survey map and declaration, and recording the same in the Office of the County Recorder, shall be guilty of a misdemeanor for each lot, parcel of land, structure or condominium unit so transferred or sold.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of this Section is to establish guidelines and minimum requirements relating to the conversion of existing structures to condominium ownership and the maintenance and operation of such projects. These provisions shall be supplemental and in addition to the general requirements for large scale developments contained under Section 5.1 of this Code, and also the requirements of the Utah Code Annotated, 1953, as amended. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Uses permitted within a condominium project shall be limited to those uses specifically permitted within the zone which underlies the area of the project and shall be subject to all conditions and restrictions required within the zone for the use. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Each proposed condominium conversion project shall conform to the following minimum standards:

1. Residential Conversion Projects
2. Off street Parking. Not less than two (2) off street parking spaces shall be provided for each dwelling unit, and at least one of the required spaces shall be covered. All driveways and off street parking areas shall be hard-surfaced.
3. Common Vehicle Storage Area. In all projects which contain one or more structures having three (3) or more dwelling units per structure, a common storage area in an amount of not less than two hundred (200) square feet per dwelling unit shall be provided for the storage of recreation vehicles, boats and similar items. Common storage areas shall be enclosed in a sight-obscuring fence or wall.
4. Common Open Space. In all projects which contain one or more structures having three (3) or more dwelling units per structure, an area containing not less than ten (10) percent of the total area of the project shall be set aside as common open space for the use and enjoyment of the residents. Said area shall be landscaped in accordance with the approved plan. The location and design shall be such that the area is easily accessible to all residents. Land used for parking, driveways, vehicle storage and similar uses, and the areas required to meet the front setback or the area devoted to peripheral planting shall not be included in meeting this requirement. 
5. Commercial and Industrial Conversion Projects. Each project shall conform to the minimum County standards with regard to location, parking, landscaping, access and similar issues which existed at the time the structure was established. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. All units shall be separately metered for water, gas, electricity and sewer unless the covenants, conditions and restrictions provide for the Association to pay the costs of services. 
2. Each unit shall be provided with readily accessible individual shut-off valves.
3. All storage and solid waste receptacles outside of units must be housed in a closed structure compatible with the design of the development.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The procedure to be followed shall be the same as set forth in Section 5.15, except that where the conversion project consists entirely of a two-family dwelling located on conforming lots of record, the conversion shall be considered as a twin home project and shall be processed in accordance with the provisions relating thereto. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the developer for each condominium conversion project: 

1. Articles of Incorporation
2. Corporation By-Laws
3. Declaration of Covenants, Conditions, Restrictions and Management Policies/Declaration of Condominium 
4. Management Agreement 
5. Open Space Easement 
6. Title Report 
7. Record of Survey Map
8. Property Report

Where, in the opinion of the Planning Commission, a particular document required under this Section is inapplicable for the particular project proposed, the Planning Commission may waive the requirement for submitting said document.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Property Report (as required under Section 5.8.6.H above). The developer shall submit two copies of a property report describing the condition, useful life and capacity of the roof, foundations, mechanical, electrical, plumbing and structural elements of all existing buildings and structures or uses, and identifying existing or latent deficiencies, proposed repairs and/or renovations. Said report shall be prepared by a structural engineer and/or qualified licensed contractor(s) acceptable to the County. The report shall also contain a statement of disclosure identifying those aspects of the building and site area which do not meet the requirements of the building code or zoning ordinance as they currently exist. 
2. Notification of Tenants. Developers of a condominium conversion project shall, at the time of submission for final approval, submit to the County the following:
3. Certification that the present tenants of the project have been notified of the proposed conversion. All tenants who want to move into the property after an application for conversion has been filed with the County shall be notified by the developer of his plans to convert the premises to condominiums, prior to occupancy by such tenant.
4. The present tenant or tenants of any unit to be converted shall be given a nontransferable right of first refusal to purchase the unit occupied upon at least the same terms and conditions offered to the general public or other individuals. The right shall extend for at least sixty (60) days after beginning sales, providing that the tenant may cancel the purchase agreement if the unit is not conveyed to the tenant within six (6) months, or unless the tenant gives prior written notice of his/her intention not to exercise such right. 
5. Unlawful to Record Unapproved Documents. It shall be unlawful to record any record of survey map or declaration of a condominium project in the office of the County Recorder, unless the same shall bear thereon final approval of the Planning Commission as required by the terms of this Code, and any record of survey map or declaration so recorded without such approval shall be null and void. Any owner, or agent of any owner, of land or units located within a purported condominium conversion project, who transfers or sells any land, structure, or condominium unit in such purported project, before obtaining the final approval by the Planning Commission on the record of survey map and declaration, and recording the same in the Office of the County Recorder, shall be guilty of a misdemeanor for each lot, parcel of land, structure or condominium unit so transferred or sold.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of these regulations is to establish guidelines dealing specifically with design, construction and operation of factory-built housing parks. These provisions shall be supplemental and in addition to the general requirements for large-scale developments.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Permitted uses within a factory-built housing park shall be limited to the following: 

1. Manufactured homes, modular homes, conventional construction.
2. Caretaker dwellings.
3. Accessory uses, including but not limited to swimming pools, carports, storage buildings for personal and household items, convenience establishments, childcare centers, clubhouses, recreation buildings and private golf courses. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Factory-built home parks shall have a minimum area of four (4) acres and a maximum density of seven and one-half (7.5) dwelling units per acre.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Factory Built Housing Parks shall be approved as required under Section 5.15.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The layout and design of all manufactured housing parks and the content of all required plats, engineering plans and other required submissions shall be prepared in accordance with minimum County standards.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Satisfactory evidence of an entitlement to a firm and uninterruptible right to the use of culinary water, from a recognized water supply agency for each lot or unit in the development, shall be submitted with each application as follows:

1. Written approval by the Price River Water Improvement District or other recognized water supply entity, indicating:
2. That the Developer has satisfied the agency’s water rights conveyance requirements, and 
3. That the agency is willing and able to provide a perpetual and uninterruptible supply of culinary and fire water to the project, as determined by the County. 
4. Written approval from an existing recognized culinary water delivery entity (water company, special district, etc.), granting permission of the developer to receive water service through company-owned facilities and /or copies of documents establishing a new water delivery agency.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed in all developments, if not existing. Said improvements shall meet minimum County standards or the approved plan, and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the time limit for a period up to six (6) months. Financial assurances guaranteeing the construction of all required improvements shall be required as a condition of approval. Said assurances shall be in accordance with the provisions in Section 7. 

1. Streets, driveways and parking areas, which shall be graded, graveled and hard-surfaced. 
2. Curbs, gutters and walkways.
3. Drainage and flood control structures and facilities.
4. Water and sewer mains, both on-site and off-site, complying with the utility requirements of the underlying zone.
5. Culinary water supply and domestic sewage collection and disposal facility, complying with the utility requirements of the underlying zone. 
6. Fire hydrants.
7. Permanent survey monuments.
8. Gas, electric and telephone lines (which shall be placed underground).
9. Landscaping.
10. Sprinkling or other suitable irrigation systems.
11. Fences, walls and all other common area, facilities, systems and structures proposed for the development as shown on the final plans.
12. Common storage area.
13. Street lighting, if agreed to in approved plan.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the Developer for each development. All documents shall be prepared in accordance with County standards.

1. Open space easement.
2. Documents indicating satisfaction of water rights, water supply and sewage disposal requirements.
3. Improvements construction agreement. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Prerequisite to the operation of any manufactured housing park shall be the obtaining and maintaining of an annual business license that shall be issued only after inspection by the Zoning Administrator. It shall be unlawful to operate a manufactured housing park without first obtaining a business license and said license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as herein set forth. 
2. Each space within a manufactured housing park shall be used for only one home at the same time, and shall not be used as a transient recreational vehicle site. No lot or space shall be rented or leased for a period of less than thirty (30) days. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of this section is to promote the convenience of residents living beyond walking distance from the central business district, in obtaining a variety of goods and services, and to establish guidelines dealing specifically with the design and construction of shopping centers. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Uses within the zone shall be limited to the following: 

1. Retail and service outlets, including customary food stores, supermarkets, drug and variety stores, cosmetic, clothing, fabric and shoe stores, stationary and office supply stores, confectionary and ice cream stores, hardware, garden and home supply stores, clinics, medical and dental and other professional offices, barber, beauty and hair style shops, banks and loaning agencies, radio, television and electronic equipment sales and service establishments, automobile service stations, laundry pickup and similar retail and service establishments. 
2. Driveways, off-street parking facilities, walks, utility systems and landscaped areas.
3. Identification signs.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Each shopping center project shall contain not less than six (6) acres; provided, however, that additions of less than six acres may be made to an existing development.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Planned shopping center developments shall be approved as required under Section 5.15. The procedure for rezoning to SC-1 and approval of a planned shopping center development may be combined.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The layout and design of all shopping center developments and the content of all required plats, engineering plans and other required submissions shall be prepared in accordance with minimum County standards.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Satisfactory evidence of an entitlement to a firm and uninterruptible right to the use of culinary and fire water, from a recognized water supply agency, shall be submitted with each application as follows:

1. Written approval by the Price River Water Improvement District or other recognized water supply entity, indicating: 
2. That the developer has satisfied the agency’s water rights conveyance requirements, and
3. That the agency is willing and able to provide a perpetual supply of water adequate for both culinary and fire protection purposes, as determined by the county.
4. Written approval from an existing recognized culinary water delivery entity (water company, special district, etc.), granting permission for the developer to receive water service through company-owned facilities and/or copies of documents establishing a new water delivery agency. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed in all developments, if not existing. Said improvements shall meet minimum County standards or the approved plans, and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the limit for a period up to six (6) months. Financial assurances guaranteeing the construction of all required improvements shall be required as a condition of approval. Said assurances shall be in accordance with the provisions of Section 7.

1. Streets, driveways and parking areas.
2. Curbs, gutters and walkways.
3. Drainage and flood control structures and facilities. 
4. Onsite water and sewer mains. 
5. Offsite water and sewer mains. 
6. Fire Hydrants.
7. Permanent survey monuments.
8. Gas, electric and telephone lines (which shall be placed underground).
9. Landscaping in the common area. 
10. Sprinkling or other suitable irrigation systems.
11. Fences, walls and all other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
12. Street lighting.

Developers may install other improvements; however, the construction of other improvements shall not be required as a condition of approval of a planned shopping center development.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the Developer for each development. All documents shall be prepared in accordance with County standards.

1. Where the development is to be retained in one ownership, required documents shall include:
2. Covenants, conditions, restrictions and management policies.
3. Maintenance agreement.
4. Open space easement (when required by County).
5. Documents indicating satisfaction of water rights, water supply, and sewage disposal requirements.
6. Improvements construction agreement.
7. Title Report.
8. Where the development has two or more owners, or where an existing development is being condominium-ized or otherwise divided into two or more ownerships, required documents shall include:
9. Articles of incorporation for property owner’s association.
10. Corporation by-laws. 
11. Covenants, conditions, restrictions and management policies.
12. Maintenance agreement.
13. Open space easement (when required by County).
14. Documents indicating satisfaction of water rights, water supply, and sewage disposal requirements.
15. Improvements construction agreement. 
16. Title Report.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Mountain Recreation Developments may be constructed only in those zones in which they are specifically a permitted use and shall be subject to compliance with the following conditions and procedures.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Uses permitted in a Mountain recreation development shall be limited to the following: 

1. Mountain recreation vehicle courts subject to all design and improvement standards for such uses as adopted by the County.
2. Restaurants, gasoline service stations, convenience food stores, bait shops, and similar commercial establishments when included as an integral but incidental part of a mountain recreation vehicle court.
3. Guest cabins.
4. One-family dwellings, conventional construction and factory built when used as a caretaker dwelling subject to the conditions of Section 3.3.27 of this Code. Also, customary residential accessory structures.
5. Camping and picnic facilities.
6. Driveways, streets, parking areas, common storage areas, landscape features, and similar uses and structures.
7. Recreation vehicle watering and sanitary dump stations. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Each development shall contain not less than four (4) acres. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Planned mountain recreation projects shall be approved as required under Section 5.15.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

A detailed site plan of the proposed development shall be submitted. Said plan shall contain the following: 

1. A site plan showing the location of all buildings and facilities proposed for the development and designating the intended use of all areas. 
2. Engineering plans showing the location of proposed water and sewer lines and facilities, fire hydrants, and utilities.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The layout and design of the development and the content of all required plats, engineered plans, and other required submissions shall be in accordance with County standards.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Satisfactory evidence of title to a permanent water right from a reliable water source in the amount necessary, as determined by the County, to meet minimum State Health requirements for all features of the project shall be submitted. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed in the developments, provided that where a particular improvement is inapplicable for the project proposed, the County may waive the requirement. All required improvements shall meet minimum County standards and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the time limit for a period up to six (6) months. Financial assurances guaranteeing the construction of all required improvements shall be required as a condition of approval. Said assurances shall be in accordance with the provisions of Section 7.

1. Streets, driveways, and off-street parking areas.
2. Drainage and flood control structures and facilities.
3. Water and sewer mains, both on-site and off-site.
4. Culinary water supply and domestic sewage disposal facilities.
5. Fire hydrants.
6. Gas, electric, and telephone lines.
7. Landscaping in the open space area.
8. Fences, walls, and all other common areas, facilities, systems, and structures proposed for the development as shown on the final plans. 
9. Common storage area (when applicable). 
10. Overhead lighting.

Developers may install other improvements; however, the construction of other improvements shall not be required as a condition of approval of a mountain recreation development. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the developer for each development, provided, that where a particular document required under this Section is inapplicable for the particular project proposed, the County may waive the requirement. 

1. Documents indicating satisfaction of water rights, water supply and sewage disposal requirements.
2. Development agreement. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Uses permitted in a Recreational Vehicle (RV) Court shall be limited to the following:

1. RV courts shall be constructed subject to all design and improvement standards for such uses as adopted by the County. 
2. Permanent occupancy is prohibited.
3. Restaurants, gasoline service stations, convenience food stores, bait shops, and similar commercial establishments maybe when included as an integral but incidental part of a RV Court.
4. One family dwellings, conventional construction or factory built, when used as a caretaker dwelling subject to the conditions of Section 3.3.27 of this Code. Also, customary accessory uses and structures.
5. Guest cabins, conventional construction or factory built.
6. Camping and picnic facilities.
7. Driveways, streets, parking areas, common storage areas, landscape features, and similar uses and structures.
8. RV watering and sanitary dump stations.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Uses permitted in a Recreational Vehicle (RV) Court shall be limited to the following:

1. RV courts shall be constructed subject to all design and improvement standards for such uses as adopted by the County. 
2. Permanent occupancy is prohibited.
3. Restaurants, gasoline service stations, convenience food stores, bait shops, and similar commercial establishments maybe when included as an integral but incidental part of a RV Court.
4. One family dwellings, conventional construction or factory built, when used as a caretaker dwelling subject to the conditions of Section 3.3.27 of this Code. Also, customary accessory uses and structures.
5. Guest cabins, conventional construction or factory built.
6. Camping and picnic facilities.
7. Driveways, streets, parking areas, common storage areas, landscape features, and similar uses and structures.
8. RV watering and sanitary dump stations.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Recreational vehicle courts shall have a minimum court size of two (2) acres.  
2. Mountain recreational vehicle courts are permitted when included as part of a mountain recreation development.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Recreational Vehicle Courts shall be approved as required under Section 5.15.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

A detailed site plan of the proposed development shall be submitted. Said plan shall contain the following:

1. Area and dimensions of the entire tract.
2. The land uses and ownership of adjacent properties and the location and size of the access roads and off-site utility systems.
3. The proposed location, width, surface treatment of all vehicular and pedestrian travelway and off-street parking areas.
4. The location, size and number of proposed recreation vehicle sites.
5. The location of all proposed service and recreation buildings, sanitary dump stations, caretaker dwellings, and other existing or proposed structures.
6. The location and size of proposed water, sewer and outside lighting, refuse, disposal facilities and surface water drainage facilities and easements.
7. Typical RV site details showing the location, size and proposed surface treatment of the pad, location and detail of utility connections, and provisions for landscaping.  
8. Identification of sites intended for use of independent, self-contained recreation vehicles or for tent camping. 
9. Plans and specifications of all buildings constructed or to be constructed within the court. 
10. The location of all open space for recreation and a general landscaping plan for such area.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The layout and design of the development and the content of all required plats, engineering plans, and other required submissions shall be in accordance with County standards.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Satisfactory evidence of title to a permanent water right from a reliable water source in the amount necessary, as determined by the County, to meet minimum State Health requirements for all features of the project shall be submitted.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following improvements shall be installed according to County standards and shall be completed within one year from the date of final approval of the project by the Planning Commission; except that, upon a showing of good and sufficient cause, the Planning Commission may authorize an extension of the time limit for a period up to six (6) months. Financial assurances guaranteeing the construction of all required improvements shall be required as a condition of approval. Said assurances shall be in accordance with the provisions of Section 7.

1. Streets, access and circulation system. 
2. Campsites with a density of not more than twenty-four (24) campsites per gross acre. 
3. Buffering, setbacks and fencing per approved plan.
4. Water and sewer per County standards.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent of this section is to establish guidelines dealing specifically with design approval, construction and operation of proposed new hotels, motels, and apartments. These provisions shall be supplemental and in addition to the general requirements for large-scale developments contained under Section 5.1 of this Code. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

Hotels, motels and apartments shall comply to all applicable requirements of the underlying zone, and where the proposed hotel, motel or apartment is to be developed under the provisions relating to a planned unit development, all uses or structures shall comply with the plans for such project as approved by the County.

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The procedure leading to approval of a hotel, motel or apartment – new construction shall be the same as set forth in Section 5.15.

Where such hotel, motel or apartment is being developed as a planned unit development, planned shopping center, or similar planned development, the procedures for part of approval of said planned development and the approval of said development as a hotel, motel or apartment project may be combined. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The following documents shall be prepared and submitted by the developer for each hotel, motel and apartment: 

1. Declaration of Covenants, Conditions, Restrictions and Management Policies.
2. Management Agreement
3. Open Space Easement, where deemed necessary 
4. Title Report
5. Record of Survey Map/Final Subdivision Plat (when applicable) 
6. Statement from serving Sewer District that the District can serve the development. 
7. Satisfactory evidence of an entitlement to a firm and uninterruptible right to the use of culinary and fire water, from a recognized water supply agency for each lot or unit in the development, shall be submitted with each application. Where, in the opinion of the Planning Commission, a particular document as required under this Section is inapplicable for the particular hotel, motel, and apartment proposed, the County may waive the requirement for submitting said document. 

HISTORY:

Ord. 515, 5/1/2019

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The intent and purpose of this Ordinance is to provide for the extraction of earth products using surface mining methods, for stockpiling mined materials, and for the placement of overburden and leftover earth materials in mining waste dumps, while protecting the environment, the rights of neighboring property owners, and roads and other public facilities from unusual wear or damage. 

HISTORY:

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The provisions of this Ordinance shall apply to all sites located in Carbon County, Utah, on private property, or property owned by Carbon County, and not on property owned by the State of Utah or the United States of America, or on property directly supervised by the U.S. Army Corps of Engineers, and where sand, gravel, clay, topsoil, rocks or minerals will be extracted by any open pit methods and to all sites where such extracted earth products are stockpiled; and sites where overburden and leftover earth materials are placed in mining waste dumps.

HISTORY:

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

The Zoning Administrator shall issue a permit for an open pit, stockpile, or a waste dump only when all of the following are met:

1. The applicant pays a fee of $300.00 for an initial permit, and a fee of $50.00 for the annual renewal of the permit.
2. The site lies in a zone where such use is a permitted use or a conditional use.
3. The applicant has presented an accurate site plan that shows the topography, utilities, roads and structures on the site at both the pre-permit stage and the stage after completing the excavation and rehabilitation of the pit; 
4. The applicant has submitted a reclamation plan for the reclamation and rehabilitation of the site to be disturbed, including re-seeding and proposed slopes and a timetable for completion. 
5. There shall be no limit as to the area or portion of a lot that may be disturbed and involved in the extraction process as long as the entire disturbed area has been included in the rehabilitation bond required in this ordinance ; also there shall be no limit to the time period used to complete the extraction of material; 

PROVIDED, however, that upon finding such is necessary to protect the property values of neighboring property interests or to preserve desirable aesthetics, the County Planning Commission may require as part of the bond an agreement that the extent of the disturbed area at the site of extraction shall be no larger than seven (7) acres at any one time and/or may require that the extraction process shall cease and the site rehabilitated (whether or not all materials have been obtained) within a specific time period, not to be less than 5 years. When limited to 7-acre units the pit, or portions of it, shall be closed, rehabilitated, and approved by the Zoning Administrator as meeting the standards of this ordinance before further areas are disturbed.

1. The standards for rehabilitating the site shall be: 
2. The side walls of the pit or mound shall be smoothed and evenly contoured, and the floor of a pit or top of a mound shall be flattened and leveled;
3. Mounds of fill shall not remain after rehabilitation of an extraction operation, even if utility poles must be relocated at the operators expense; mounds may only be permitted in conjunction with a mine waste dump,
4. No depression which lacks a surface outlet, nor pond or intermittent lake on the floor of the pit, shall exist on the rehabilitated site.
5. No slope shall be steeper than the critical angle of repose which shall be determined by the County Engineer, based on the topography of the location of the pit, the type of soil and the material extracted.
6. All areas shall be covered with a one-inch or thicker layer of topsoil and re-seeded with a hardy plant material having a sufficient concentration to screen at least 25% of the exposed surface from view; 

PROVIDED, however that desert areas located in the M&G Zone which naturally lack soil or vegetation shall be restored to a surface that corresponds with the native condition rather than adding soil and/or re-seeding. 

1. When the pit (or mound) and rehabilitation bond are proposed to cover less than the entire area of the lot, the operator shall place clearly identifiable survey markers on the outer boundaries of the bonded area and shall maintain such until the bond is released by Carbon County, the County Planning Commission may request site investigation and report of the County Engineer to determine whether the terms of the grading plan, rehabilitation plan and bond agreement are being met.
2. Surface mining shall proceed in an orderly manner from the outer boundaries and lower slopes of the property inward and upward. The property can be rehabilitated in the older areas of the pit while new areas are being opened up.
3. The applicant shall procure and maintain an air quality permit issued by the Utah State Division of Air Quality, and shall comply with the terms of the permit, prior to and during operations. Dust generated in the extraction and processing of the earth products shall be kept under control by the operator and contained on-site by paving or adequately wetting main roads in the pit, wetting extracted areas and loaded trucks, placing berms or landscape screening for protection from the prevailing winds and other suitable measures.
4. The applicant shall procure and maintain permits from the Mine Safety and Health Administration (MSHA),and shall comply with the terms of the permit, prior to and during operations.
5. All cuts and fills shall be set back from the property boundary of the approved extraction site a distance of at least five (5) feet.
6. The applicant shall present an off-site plan of any local public streets which loaded trucks will use in gaining access to paved county roads, state highways and arterial streets. The pit operator shall be liable for any damage his operation causes to such local roads. 
7. The pit and/or extraction operation shall not create or maintain a nuisance according to Carbon County Ordinance No.323.

HISTORY:

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. A cash surety bond, letter of credit, or any other bond or security, which in the County’s sole opinion is adequate under the circumstances, in an amount set by the Zoning Administrator, but not less than $1600.00 per acre shall be posted by the applicant to guarantee compliance with the provisions of this section and the nuisance provisions of Carbon County Ordinance No.323. A violation of either provision shall be sufficient grounds for forfeiture of the entire bond to Carbon County. If the bond is over $1,600 per acre and the owner disputes the cost of reclamation set by the Zoning Administrator, the owner may appeal to the Administrative Hearing Officer, which, after hearing may determine the cost and set the bond amount. 
2. The site plan, reclamation plan, bond agreement and the bond amount shall be reevaluated annually by the Zoning Administrator, considering inflation, the then current costs of rehabilitation, and the amount of rehabilitation or excavation which has occurred during the elapsed time. The plan, bond agreement and bond amount may be adjusted by the Zoning Administrator accordingly. 
3. Any bond shall be accompanied by an agreement between Carbon County and the applicant, and the property owner if the latter is not also the applicant, wherein the County agrees to return the bond at the completion of the work if the standards of this Ordinance have been met, and the applicant and property owner agrees that the bond shall be forfeited in the event of noncompliance and to permit the County to enter upon the property to close operations and rehabilitate the excavated or filled areas. Any ambiguity or deficiency in the wording of the bond agreement shall be interpreted to include the terms of this Ordinance.
4. It shall be a violation of this Ordinance and grounds for forfeiture of the bond if rehabilitation is not completed within one (1) year of cessation of operations at the pit. Cessation is defined as any two (2) year period of time in which no material is extracted, or any one (1) year period when there is no current license or valid zoning compliance permit in effect.
5. Notwithstanding the forfeiture of the bond, the applicant shall retain individual responsibility to fully comply with this ordinance, the terms of the permits issued thereunder, and the balance of any expense not covered by the bond to rehabilitate the property. 

HISTORY:

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

In addition to the business licenses and building or grading permits required elsewhere in county ordinances, any open pit operation shall be required to have a current certificate of zoning compliance. No certificate of zoning compliance for an open pit operation shall have a period of validity past December 31 of each calendar year, but the permit shall be automatically renewed if the pit is found to be in compliance with the standards of this ordinance. The Zoning Administrator, with the advice of the County Engineer, shall determine if such compliance exists.

HISTORY:

Ord. 525, 12/4/2019

Ord. 545, 3/17/2021

1. Review Fee. The Planning Commission shall set application and zoning administration fees by Resolution. Any additional fees for complex or unusual projects or extra costs incurred by the County for processing the application shall be based on the actual extra time and expense incurred in processing and reviewing the application. Documentation of the actual time and associated costs of the additional fees will be provided on request to the developer.
2. Developer Meets with County Staff. The Developer of the proposed project shall meet with County staff to discuss the basic concept of the development and to obtain information concerning the County’s and this Code’s requirements for zoning approval and compliance, along with concept construction plans, and other required data to be submitted to obtain building permits. 

The purpose of the conference is to acquaint the developer with the range of opportunities for development under the provisions of this Code, and the requirements and procedures for approval by the Planning Commission The County staff may suggest changes in the proposed development project so that the project may be more fully consistent with the County’s development regulations, policies and this Code. The recommendations from the staff shall be purely advisory and in no way shall the conference be construed to constitute approval or disapproval of the plan. 

1. Developer Submits Plans, Documents, Statements, and Data. The developer shall submit to County staff all of the required applications, plans, documents, statements, data, approval from other agencies, along with any other documents required. Also an itemized estimate of the cost to construct the project, along with payment of the applicable fees, no later than fourteen (14) days prior to the next regular scheduled meeting of the Planning Commission so that staff can review the materials submitted for completeness and place the item on the agenda for consideration by the Planning Commission.
2. Staff Review Plans, Documents, Statements and Data, Take Action. The County staff will review the plans, documents, statements and other data submitted for approval of the proposed project for completeness and conformance with County standards, the Master Plan, and this Code. After review the staff shall either:
3. Conclude that the application and documentation is complete and place the item on the agenda for approval by the Planning Commission, or
4. Conclude that the application and documentation are incomplete, then notify the developer that said application is incomplete, and inform the developer as to what portions of the application and documents are incomplete.

The item will not be placed on the agenda of the Planning Commission until such time as the developer submits a complete application and documents, after which time the item will be placed on the next available meeting agenda of the Planning Commission. 

If the item is placed on the agenda for Planning Commission approval, the developer will also submit the plans, documents, statements, and data required by other agencies such as the County Engineer, Road Supervisor, Weed Department Supervisor, County Attorney, Fire Marshal, Health Department, Utah Division of Oil, Gas & Mining, or other appropriate agency or official, as determined during the administration of the application. 

1. Planning Commission Takes Action. The Planning Commission shall review and discuss the proposed project and staff recommendations at a regular or special meeting, and shall act to disapprove, table, approve, or approve with modifications, the proposed project.

If the proposed project is a subdivision, planned unit development, or other type of project which is required by this Code to receive other levels or stages of approval, the Planning Commission shall place the project item on the next Planning Commission agenda, and successive meeting agendas, for consideration of that next level of approval, as requested by the developer.

The final approval of the project shall be by passage of a motion by the Planning Commission, which outlines the project scope and identifies the territory to be included in the project plan. Upon completion by the developer, and acceptance of the project by the County, including the release of any financial guarantees, the approved project shall constitute the zoning requirements for the territory covered by the project. The specific requirements of the underlying zone shall be considered modified in conformance with the plans, plats, documents and agreements approved for the project. 

If disapproved, no further action is required.

If approved as submitted, the developer will proceed to prepare final plans, documents, statements and data to be submitted to the Zoning Administrator who shall issue any Conditional Use or other Zoning Permits.

In the case of a Mountain Home or Recreation Development, Planned Unit Development, Condominium Project or other project requiring the filing of a plat, the developer shall prepare the required final plans, plats, documents, statements, data, financial guarantee, title report, or other documentation and permits required by other levels of government or agencies and officials, to be submitted to the Zoning Administrator. The Zoning Administrator shall review the plat and the documents and refer the plat to the County Surveyor or Engineer who shall review the plat for accuracy. Upon determining that the project is in full compliance with this Code and other applicable regulations, the Zoning Administrator shall submit the plat to the County Recorder for filing. The developer shall pay any recording fees.

If approved subject to modifications, the Planning Commission shall instruct the developer as to any modifications required, then refer the project to the Zoning Administrator who shall document that all such modifications have been made to the plans for the project, then either issue the appropriate permits or submit the plat to the County Recorder for filing and recording. The developer shall pay any recording fees. 

No plat for a development approved under this section shall be recorded unless and until all of the requirements of this Code for such development has been received by Carbon County.

Planning Commission approval of any project administered under this section shall remain valid for a period of twelve (12) months, beginning from the date of approval by the Planning Commission. The time limit may be extended by action of the Planning Commission for periods not exceeding one (1) year. Any requests for extension of time shall be officially requested by the original developer in writing, and placed on the agenda of a Planning Commission meeting for approval no later than thirty-one (31) days prior to the expiration of the one-year period. No construction shall be permitted until final approval of the development has been obtained.

1. Required Documentation. After receiving authorization to proceed, the developer shall submit to the Zoning Administrator the following: 
2. For projects considered for a Conditional Use Permit:
3. Payment in full of any required zoning administration fees.
4. One copy of the final plans, documents, statements and data for the project. 
5. Any required development agreements, prepared at the expense of the developer, in a form acceptable to Carbon County.
6. Any required financial or performance guarantees. 
7. For projects requiring the filing and recording of a plat: 
8. The original Mylar and one (1) print of the final plat.
9. Final engineering drawings.
10. Documents indicating full compliance with the culinary and fire water and sewage disposal requirements for each lot in the project, as determined by the County. 
11. An itemized estimate of the cost of constructing all required private or public improvements, prepared by the developer or his agent, engineer, or contractor, which has been approved by the County Engineer. 
12. A title report, covering the property within the final plat area, to identify all interests in the property which may have an affect on the title and to establish that the land proposed for subdivision is free of boundary conflicts and that the proper dedications can be made. This requirement shall also ensure that purchasers of lots will have a clear and marketable title.
13. A storm drainage plan for the area effected by the development prepared by a professional engineer and which has been reviewed and approved by the County Engineer.
14. Final copies of all other required documentation, when applicable. 
15. A performance guarantee in an amount determined by the cost estimate and Section 7 of this Code. 
16. A development agreement, which outlines the work to be performed, the duties of the developer, and any other pertinent details.
17. For Utility Transmission projects: A plan of the proposed transmission project shall be submitted. Said plan shall show: 
18. Location and width of rights-of-way. 
19. Proposed location of all lines and related structures.
20. Summary of all proposed clearings, access roads, road construction activity or similar activity.
21. Other data as required by the County.
22. An environmental impact statement that identifies and evaluates the significant impacts upon the social, economic and natural environment of the County, when required by the Planning Commission. 
23. A reclamation plan. 
24. Performance Guarantee. The Planning Commission may, if deemed necessary, require a financial guarantee per Section 7 of this Code that will insure installation of the project in accordance with the final plan. The financial guarantee shall be released by the Board of County Commissioners following completion of the project, but only after final inspection by the County Commission, or designated agent, to determine compliance with the final plan.

HISTORY:

Ord. 515, 5/1/2019

Ord. 545, 3/17/2021