In order that land may be divided and developed in an orderly fashion, the following provisions have been enacted to regulate such divisions, Lot line adjustments and developments for the health, safety, and welfare of the community.

Developments in Coalville shall be designed in a manner so that they are safe for building purposes without danger to health or peril from fire, flood, landslide, subsidence, geologic and natural hazards, or other menace.

Land shall not be subdivided or developed until available public facilities and improvements exist (or adequate guarantees are in place) and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks and recreation facilities, streets and transportation facilities, and related improvements. If adequate public facilities, infrastructure and safety protections are not in place or cannot be provided for, the development will not be approved.

Proposed public improvements shall conform to the General Plan, Streets Master Plan, Official Zoning Map, and the capital budget and infrastructure improvement program of Coalville. It is intended that these regulations supplement and facilitate the enforcement of the provisions and standards contained in the currently adopted Building and Housing Codes, this Development Code, General Plan, Official Zoning Map, and capital budget and infrastructure improvement program as they are adopted and amended.

The Development Standards and Subdivision Regulations in Chapter 31 are adopted for the following purposes:

A.

To protect and provide for the public health, safety, and general welfare.

B.

To guide future growth and development in Coalville City, in accordance with the General Plan.

C.

To provide for adequate light, solar access, open space, air, privacy, safety from fire, flood, landslides and other geologic and natural hazards, and other danger, and to prevent overcrowding of the land and undue population congestion.

D.

To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

E.

To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, streets, and other public facilities.

F.

To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion on the streets and the pedestrian traffic facilities, and to provide for the proper width of streets and building setbacks.

G.

To establish reasonable standards of design and procedures for development layout and use of land and to ensure proper legal descriptions and documenting of subdivided land.

H.

To ensure that public facilities are available with sufficient capacity to serve the proposed development.

I.

To prevent the pollution or degradation of air, streams, and ponds, assure the adequacy of drainage facilities, protect subsurface water, minimize site disturbance and the removal of native vegetation and soil erosion, encourage the preservation and management of natural resources throughout the municipality, and preserve the integrity, stability, and beauty of the community and value of the land.

J.

To provide for open spaces through efficient design and layout of the land using flexible density or cluster development, and flexible width and area of lots, while preserving the overall development density of land as established in Code 10 herein.

(Ord. No. 2024-2, 10-15-2024)

A.

The Land Use Authority for preliminary subdivision applications under this Code is the Planning Commission. For the purpose of preliminary subdivision applications, the Planning Commission shall be responsible for the following, but may delegate any responsibility to City staff:

1.

Rendering land use decisions related to preliminary applications.

2.

Reviewing preliminary applications in an impartial manner and according to the standards and deadlines described in this Code.

3.

Holding a public hearing for preliminary applications (when needed).

4.

Providing feedback to applicants on their preliminary applications.

5.

Scheduling and holding a Concept Plan Conference with potential applicants (when requested). This task is delegated to the CDD by default.

6.

Keeping application forms (both preliminary and final) and related informational material up to date and publicly accessible and distributing such forms and materials to potential applicants.

7.

Providing notice to entities and parties on subdivision applications as required by this Code.

8.

Ensuring that documents are properly recorded with the County after final approval as required by this Code.

B.

The Land Use Authority for final subdivision applications under this Code is the Subdivision Review Committee (SRC), which shall consist of the Community Development Director, one (1) or more representatives of the Planning Commission, the Public Works Director or the City Engineer, and the City Attorney. For purposes of final subdivision applications, the SRC shall be responsible for the following:

1.

Rendering land use decisions related to final applications.

2.

Reviewing final applications in an impartial manner and according to the standards and deadlines described in this Code.

3.

Signing final application approvals as required by this Code.

C.

As subdivision application decisions are administrative, not legislative, the Planning Commission and SRC are, respectively, as described by this Code, authorized to make any administrative land use decision regarding subdivision applications without City Council approval.

D.

In accordance with Utah Code §10-9a-604.1(1)(b) and §10-9a-604.1(9)(b), the Coalville City Council and its members shall not approve, deny, or require revisions to any preliminary or final subdivision application except in the case of development agreements, Master Planned Developments (which proceed as development agreements), or otherwise as permitted under state law. This provision does not limit the City Council's power to enact ordinances or administer other land use procedures.

(Ord. No. 2024-2, 10-15-2024)

A.

Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

B.

Conflict with Public and Private Provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision or ordinance, rule or regulation, or law, whichever provision is more restrictive or imposes higher standards shall control.

Further, these regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall control. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the conditions of approval, and such private provisions are not inconsistent with these regulations or determinations there under, then such private provisions shall be operative and supplemental to these regulations and conditions imposed. Provided, however, that the City is under no obligation to enforce private covenants.

These regulations shall not supersede the terms of a valid development agreement entered into by the City to subdivide or develop land.

C.

Severability. These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing development regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the municipality except as shall be expressly provided for in these regulations.

(Ord. No. 2024-2, 10-15-2024)

If any chapter, section, subsection, sentence, clause, phrase, or part of this Code is for any reason held invalid by a court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remaining provisions of this Code but shall confine its operation to the specific chapter, section, sentence, clause, or part of this Code held invalid and shall not affect the validity of the remaining portion of this Code.

(Ord. No. 2024-2, 10-15-2024)

The development standards and subdivision regulations described in this Code shall apply to all development of land, as defined herein, located within the corporate limits of Coalville City.

No land shall be subdivided within Coalville until the subdivider or agent obtains written approval of the Preliminary Plan by the Planning Commission, obtains written approval of the Final Plan by the SRC, and records the approved final plat with the County Recorder.

The subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease with the intent of evading these regulations, shall not be acknowledged, or accepted by the City for development purposes, except for applications for agricultural use, lot splits, or resolving boundary disputes, as described in this Title.

No building permit or certificate of occupancy will be issued for any parcel or plat of land which was created by a subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations or approved under prior subdivision ordinances. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the applicable City regulations.

(Ord. No. 2024-2, 10-15-2024)

Any person, firm, or corporation who fails to comply with, or violates, any of these regulations shall be guilty of a Class C misdemeanor. Appropriate actions and proceedings may be taken by law or in equity to prevent violation of these regulations, unlawful construction, to recover damages, restrain, correct, or abate a violation, or prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties described above.

The City may, in its discretion, void transfers of land done pursuant to an invalid subdivision. In the case of such a voided transfer, the transferor shall be liable to the transferee(s) for any damages resulting from the voiding of the transfer.

(Ord. No. 2024-2, 10-15-2024)

Any applicant, member of the Planning Commission and/or property owner within three hundred feet (300') of proposed subdivision property shall have the right to appeal the action of the Land Use Authority within fifteen (15) days of the date of such action to the Appeal Authority. Any action taken and not appealed within said fifteen (15) days shall be final. When a written appeal is received by the City within fifteen (15) days of the time the action was taken, the City will publish notice of an appeal hearing following the "Notice Schedule" outlined in Chapter 3.

(Ord. No. 2024-2, 10-15-2024)