Fairfield City Zoning Code

   (A)   Short title. This subchapter shall be known and may be cited as the “Subdivision Ordinance.”

   (B)   Purpose. The purpose of this subchapter is:

      (1)   To promote the health, safety and general welfare of the residents of the town;

      (2)   To promote the efficient and orderly growth of the town;

      (3)   To provide policies, procedures, requirements and standards for the physical development of subdivisions of land, and construction of improvements within the town, including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, design standards for public facilities and utilities, accesses to public rights-of-way, and to establish fees and other charges for the authorizing of a subdivision;

      (4)   To ensure that public facilities are available at the site and will have a sufficient capacity to serve a proposed subdivision; and

      (5)   To encourage the wise use and management of natural resources to preserve the integrity, stability and aesthetics of the community.

(Ord. 2024-12, passed 12-18-2024)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADJACENT PROPERTY. Property that shares a common boundary with, or is directly across a public or private street or right-of-way from, the subject parcel.

   AGRICULTURAL LAND. Land used primarily for the production of food, fiber or livestock and which qualifies as “land in agricultural use” under the state code.

   APPLICANT. The individual, partnership, corporation or other legal entity submitting an application for subdivision approval, including any authorized representative.

   BLOCK. A contiguous group of lots, bounded by streets, rights-of-way or other natural or constructed barriers.

   BOUNDARY LINE ADJUSTMENT (LOT LINE ADJUSTMENT). The realignment or adjustment of property lines between legally existing lots that does not result in the creation of a new lot and complies with all applicable zoning and subdivision requirements.

   CULINARY WATER AUTHORITY. The entity designated by the town as responsible for reviewing and approving the proposed culinary water system of a subdivision, in accordance with U.C.A. § 10-9a-103.

   DEDICATION. The conveyance of land, easements or improvements by an owner to the town for public use, by means of a plat, deed or other legal instrument.

   EASEMENT. A right granted by a property owner for use of a portion of land by another for a specified purpose, such as access, utilities or drainage.

   FINAL PLAT. A map or drawing prepared in accordance with the requirements of this subchapter that is designed to be recorded and legally creates lots, tracts and easements.

   GEOTECHNICAL REPORT (SOILS REPORT). A written analysis prepared by a qualified geotechnical engineer evaluating the soil stability, bearing capacity and suitability of a site for development, as required by §§ 91.15 to 91.24.

   INFRASTRUCTURE. Physical improvements, including, but not limited to, roads, utilities, storm drainage systems, sidewalks and public amenities required to support development.

   LOT. A parcel of land created by subdivision or combination that is intended for sale, lease or development and that complies with the applicable zoning requirements.

   LOT FRONTAGE. The length of the front property line of a lot that abuts a public or private street and is measured in accordance with zoning standards.

   MINOR SUBDIVISION. A subdivision that results in the creation of three or fewer lots and meets the criteria for an exception from the full subdivision process under § 154.137.

   OPEN SPACE. Land within a subdivision that is reserved for recreation, landscaping, preservation of natural features or similar purposes, and is not developed with buildings or structures.

   OWNER. The person or entity holding legal title to a parcel of land, including any authorized representative or agent.

   PARCEL. A contiguous quantity of land under single ownership, which may or may not be legally subdivided into lots.

   PHASING PLAN. A plan submitted by the applicant that identifies stages of development for a subdivision, including infrastructure, public amenities and timing of each phase.

   PLANNING COMMISSION. The Town Planning Commission, established in accordance with state law, with authority to review and approve subdivision applications and make land use decisions.

   PRELIMINARY PLAT. A map or drawing that illustrates a proposed subdivision in sufficient detail to enable a comprehensive review by the town and affected entities prior to the submission of a final plat.

   PUBLIC IMPROVEMENTS. Infrastructure, utilities or amenities constructed and installed for public use and typically required as a condition of subdivision approval.

   SANITARY SEWER AUTHORITY. The entity designated by the town to evaluate and approve the proposed wastewater disposal or sanitary sewer system of a subdivision, in accordance with U.C.A. § 10-9a-103.

   SUBDIVISION. The division, re-subdivision or platting of a lot, tract or parcel of land into two or more lots, plots or sites for the purpose of sale, lease or development, as defined by U.C.A. § 10-9a-103.

   SUBDIVISION AMENDMENT. Any revision to a recorded subdivision plat, including lot line adjustments, creation of additional lots, changes to easements or rights-of-way or alterations to dedications.

   SUBDIVISION APPLICATION. The complete application, including maps, forms, studies and supporting documentation, submitted by an applicant seeking subdivision approval from the town.

   TOWN ADMINISTRATOR. The person appointed by the Town Council or governing body of the town to oversee day-to-day administration, including implementation, interpretation and enforcement of subdivision regulations.

   TRACT. A unit of land, larger than a lot, identified on a plat and intended for use as open space, utility placement, storm drainage or other public or private purposes not involving structures for human occupancy.

   UTILITY PROVIDER. A public or private entity that provides water, sewer, electricity, gas, telecommunications or other services required for development.

(Prior Code, § 10.15.05)

   (A)   No person shall subdivide any parcel of land located wholly or partly in the town except in compliance with this subchapter.

   (B)   No person shall sell or exchange or offer to sell or exchange any parcel of land which is any part of a subdivision of a tract of land, nor offer for recording in the office of the County Recorder any deed conveying such parcel of land, or any interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this subchapter.

   (C)   This subchapter shall not apply to a lot or parcel resulting from a division of agricultural land if the lot or parcel:

      (1)   Qualifies as land in agricultural use;

      (2)   Meets the minimum size requirements of the land use ordinances; and

      (3)   Is not used and will not be used for any non-agricultural use.

(Ord. 2024-12, passed 12-18-2024) Penalty, see § 154.999

   The Town Administrator, or its designee, has the authority to implement, interpret and enforce the provisions of this subchapter. In furtherance of this authority, the following applies.

   (A)   Implementation. The Town Administrator shall have the authority to take all necessary actions to carry out the objectives of this subchapter, including the approval, denial or conditional approval of subdivision applications, in accordance with its terms and requirements.

   (B)   Interpretation. In the event of ambiguity, inconsistency or uncertainty in the application of the provisions of this subchapter, the Town Administrator shall have the discretion to make determinations regarding its meaning and intent, consistent with the chapter’s purpose and in consultation with relevant legal and planning officials, as needed.

   (C)   Enforcement. The Town Administrator shall have the authority to enforce compliance with this subchapter through administrative action, including, but not limited to, issuing notices of violation, imposing penalties as provided herein or taking corrective actions. The Town Administrator may also refer matters to the appropriate enforcement agencies or legal authorities for further action, including court proceedings when necessary.

(Ord. 2024-12, passed 12-18-2024)

   (A)   It is strongly recommended that the applicant for a subdivision schedule a pre-submission meeting with the Town Administrator or another representative of the town designated by the Town Administrator. Upon request from an applicant, the town shall schedule a pre-submission meeting within 15 days of the request.

   (B)   The Town Administrator may extend an invitation to the pre-submission meeting to any servicing utility companies, the Health Department, the State Department of Transportation, the Fire Department and any other private or public body that has jurisdiction or an interest in providing services to the subdivision.

   (C)   At the pre-submission meeting, the applicant may bring any materials to assist the parties in identifying the location of the potential subdivision, the size and layout of the subdivision and any potential problems or challenges to creating the subdivision. The town shall have available or provide access to:

      (1)   Copies of applicable land use regulations;

      (2)   A complete list of standards required for the project;

      (3)   Preliminary and final subdivision application checklists; and

      (4)   Feedback on the pre-submission plans.

   (D)   Due to the unique terrain of the real property within the town, the Town Administrator may request that the applicant submit additional information.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Application required. The applicant for a subdivision shall prepare and submit a preliminary plat application to the Town Administrator. The application shall include three copies of a complete preliminary plat and three completed application forms for the subdivision, including all required maps and charts. All application materials shall be submitted simultaneously to be considered for completeness.

   (B)   Application form and content. The Town Administrator may create a preliminary plat application form based on the requirements of this section. A complete application shall include all of the following information.

      (1)   Property information. The date of the application, the name, address, phone number, e-mail address and signature of the applicant and the owner of the property, the current zoning of the property, the location and address of the proposed subdivision, the total acreage of the subdivision and the number of proposed lots. All persons with a fee interest in the property shall sign the subdivision application form. The applicant shall submit a preliminary title report for all property within the application.

      (2)   Site information. The following subdivision site information is required for a complete application and shall be provided at the same scale as the preliminary subdivision plat, on separate sheets if necessary:

         (a)   The identification of known and potential natural features on a map, including, but not limited to, jurisdictional wetlands as identified by the U.S. Army Corps of Engineers, known or potential natural waterways, top of bank and any potential natural hazards, including avalanche paths, liquefaction areas and areas of soil instability, and all on-site vegetation regulated by town ordinance. A final map identifying known and potential natural features as described in this section and identified by the Town Administrator will be reviewed and approved or denied by the Planning Commission as part of the application review process; and

         (b)   The location and dimensions of all existing buildings, fence lines and property lines must be overlaid on the proposed subdivision layout, and the location of surrounding human-made features and improvements, including buildings and roads, and natural features, including significant landmarks and geologic features.

      (3)   Evidence of availability of necessary services. The following information is necessary to establish the availability of basic services to the proposed subdivision, and the preliminary plat subdivision application is complete only when all basic services are available to the site and to each proposed subdivision lot, and approved in writing by the designated authority.

         (a)   Culinary water requirements. The Town Administrator is collectively designated as the “culinary water authority,” further defined in U.C.A. Title 10, Chapter 9a. Such culinary water authority shall evaluate and approve the proposed culinary water system for the subdivision. The applicant shall comply with Chapter 90 of this code and provide all information required by the culinary water authority (and other applicable agencies described below, if any), including, but not limited to, evidence of the source, quantity, quality and means of delivery of the proposed culinary water to the proposed subdivision and each proposed lot. Certain property within the town boundaries may not be eligible to be served by the town culinary water system and shall be required to obtain approval from any additional public or private agency with jurisdiction over the proposed water source or delivery system. The requirements of the State Division of Drinking Water must be satisfied and Division approval, where required, shall be obtained by the applicant before a final plat is approved.

         (b)   Wastewater requirements. The Town Administrator, or designee, is hereby designated collectively as the “sanitary sewer authority,” as further defined in U.C.A. Title 10, Chapter 9a, as amended or replaced. Each sanitary sewer authority shall evaluate and approve the proposed sanitary sewer system. The applicant shall provide all information and materials as required by the sanitary sewer authority.

         (c)   Fire and emergency requirements. The County Fire Marshal is hereby designated as the “fire authority,” as further defined in U.C.A. Title 10, Chapter 9a, as amended or replaced. The fire authority shall evaluate and approve the proposed fire suppression infrastructure and emergency access to the proposed subdivision. If the proposed subdivision does not include year-round motor vehicle (as defined by state law) access to all proposed lots and proposed and existing roads, streets and adjacent properties, the application shall include an emergency access mitigation plan, approved by the fire authority and the town. The applicant shall provide all information and materials as required by the fire authority.

         (d)   Subdivision roads and streets. All proposed subdivision streets shall be evaluated and approved by the Town Administrator and, if appropriate, the State Department of Transportation. The proposed street layout shall comply with § 152.21 and provide adequate and safe year-round access to all proposed lots and proposed and existing roads, streets and adjacent properties. If the proposed subdivision does not include year-round motor vehicle (as defined by state law) access to all proposed lots and proposed and existing roads, streets and adjacent properties, the application shall include a parking and access mitigation plan. If the proposed subdivision will be accessed from a state highway, an appropriate access permit, as required by the State Department of Transportation, shall be provided with the application materials in order to be a complete application. If the proposed subdivision is accessed from land owned by the state or federal government, the applicant shall provide any appropriate access or special use permits as required by the landowner with the application materials in order to be a complete application.

         (e)   Soil reports. All projects require a soils and geotechnical report as provided in Chapter 90 of this code unless otherwise indicated by the Town Engineer.

         (f)   Feasibility study. A feasibility study approved by the county.

         (g)   Additional information and materials when necessary. When the Town Administrator deems necessary due to the characteristics of the property to be subdivided, the applicant may be required to provide other information or letters of feasibility from other agencies with jurisdiction over the property to be subdivided, conduct studies and provide evidence indicating the suitability of the area for the proposed subdivision, including, but not limited to, adequacy of public safety and fire protection, geologic or flood hazard, erosion control, preservation of vegetation and any other physical or environmental matters in conformance with the town zoning ordinances. Such additional requirements shall be made of the applicant at the pre-submission meeting, or reasonably soon thereafter.

         (h)   Notice. The applicant shall provide the town with two sets of typewritten address labels and sufficient funds to cover related postage costs to all property owners within 300 feet of the boundaries of the proposed subdivision and all affected entities.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Phasing plan submission.

      (1)   Applicants proposing phased subdivisions must submit a detailed phasing plan as part of the initial subdivision application.

      (2)   The phasing plan must include:

         (a)   A time line showing anticipated start and completion dates for each phase;

         (b)   A map showing the boundaries of each phase, including any designated open spaces and infrastructure;

         (c)   Details of proposed infrastructure improvements, including roads, utilities and public amenities; and

         (d)   A description of how each phase will meet municipal infrastructure standards independently, particularly regarding access, emergency services, water and sewage.

   (B)   Review process for phased subdivisions.

      (1)   The phasing plan shall be approved by the Planning Commission.

      (2)   Each phase of the subdivision shall undergo review in accordance with this subchapter.

      (3)   Any changes to the approved phasing plan shall require an amendment application and review by the Planning Commission.

   (C)   Compliance.

      (1)   Each phase must be able to function independently, with access to necessary infrastructure and services.

      (2)   Each phase shall provide adequate road access, drainage, water, sewage and emergency access without reliance on future phases.

   (D)   Infrastructure installation requirements.

      (1)   Infrastructure improvements must be constructed for each phase as planned to meet municipal standards.

      (2)   Public amenities (parks, playgrounds and the like) scheduled within specific phases must be installed concurrently with that phase to serve its residents. Public amenities must be complete before 80% of the phased subdivision is complete.

   (E)   Maintenance of open spaces and common areas.

      (1)   For private amenities, a homeowners’ association (HOA) or similar entity shall be responsible for all maintenance.

      (2)   For public amenities, the developer is responsible for maintenance until all phases of the subdivision are complete.

   (F)   Time limits and extensions.

      (1)   Each phase must commence within two years from the date of approval and be substantially complete within five years.

      (2)   If a phase is not commenced or completed within these time lines, the applicant must apply for an extension. Approval of extensions shall be at the discretion of the Planning Commission.

      (3)   If the developer does not apply for an extension and the time limit is exceeded, approval for that phase may be revoked by the Planning Commission.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Application fees. To be considered complete, the application for preliminary plat subdivision approval and a final plat subdivision approval shall be accompanied by all fees established on the Town Fee Schedule.

   (B)   Technical expertise and engineering fees. The applicant shall pay all expenses of reviewing and approving the subdivision, including the town fees for hiring individuals with technical expertise, legal counsel and engineers to review the application.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Preliminary plat. The administrative land use authority for the approval of a preliminary plat application shall be the Planning Commission. The preliminary plat shall comply with all zoning and development requirements be prepared by a licensed surveyor, and shall include the name and address of the surveyor responsible for preparing the preliminary plat, and shall include a certification that the surveyor holds a license in accordance with U.C.A. Title 58, Chapter 22, and has completed a survey of the property in accordance with U.C.A. § 17-23-17. The preliminary plat shall describe or specify:

      (1)   A name or designation of the subdivision that is distinct from any plat already recorded in the County Recorder’s office;

      (2)   North arrow, graphic and written scale, legend, basis of bearings used and a vicinity map of the site;

      (3)   The legal description of the entire subdivision site boundary;

      (4)   The boundaries, course and dimensions and acreage or square footage for all parcels of ground divided, whether the owner proposes that any parcel or ground is intended to be used as a street or for any other public use, and whether any such area is reserved or proposed for dedication for a public purpose;

      (5)   For all parcels, the proposed lot or unit reference, block or building reference, street or site address, street name or coordinate address (to be approved by the Planning Commission as part of the application review process);

      (6)   Every existing right-of-way and easement grant of record for underground facilities and for all other utility facilities;

      (7)   The anticipated net developable acreage for each lot; and

      (8)   The names and addresses of the applicant and owner of the property, the engineer or surveyor of the subdivision and the owners of the land immediately adjoining the land to be subdivided and within 300 feet of the boundaries of the proposed subdivision.

   (B)   Expiration.

      (1)   A preliminary plat shall be deemed withdrawn, and shall expire and have no further force or effect, if a final plat is not recorded within one year after approval of the preliminary plat.

      (2)   Upon written request by the applicant and for good cause shown, the Planning Commission may grant up to a one-year extension.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Determination of completeness of application.

      (1)   After receipt of an application, the Town Administrator shall determine whether the application is complete. An application for subdivision is only complete when it includes all information and approvals listed in this subchapter.

      (2)   If the Town Administrator determines that the application is not complete, the Town Administrator shall notify the applicant in writing, specifying the deficiencies of the application, including any additional information that must be supplied. No further action will be taken by the town until the deficiencies are corrected.

   (B)   Staff review. Following a determination that the application is complete, the application shall be reviewed by town staff for compliance with the town’s ordinances, rules and regulations. Staff review shall be completed within 40 days of receipt of the application. After staff review, the application shall be submitted to the Planning Commission at least 14 days prior to the Planning Commission’s regular meeting.

   (C)   Notice and public hearing. The Planning Commission shall hold a public hearing on the preliminary subdivision application. Notice of the public hearing shall be sent to the record owner of each parcel within 500 feet of the property that is the subject of the application and shall be posted and provided as a Class B notice in accordance with provisions of U.C.A. § 63G-30-102.

   (D)   Planning review. The Planning Commission shall approve a preliminary plat if the proposed subdivision and the associated improvement drawings are in compliance with the town’s ordinances and requirements.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Remedy of deficiencies. The applicant shall correct all specified deficiencies within 90 days of the written notification of such deficiencies. If the applicant fails to correct the specified deficiencies within such 90-day period, the application for subdivision shall be deemed withdrawn and will be returned to the applicant. Application fees shall not be refunded. Any further submissions shall be considered only as part of a new application.

   (B)   Extensions of time. The Town Administrator, upon written request from the applicant, may grant the applicant one automatic 30-day extension to correct the specified deficiencies.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Review authority. The administrative land use authority for approval of a final plat application shall be the Town Administrator.

   (B)   Submission requirements.

      (1)   Upon approval of the preliminary plat by the Planning Commission, an applicant shall submit a final plat, in recordable form, to the town for its review and approval.

      (2)   The submitted final plat shall be consistent with all provisions and conditions of the preliminary plat. With the final plat, the applicant shall submit:

         (a)   An updated preliminary title report issued within 30 days of the final plat application showing, among other things, evidence of ownership for all parcels within the plat satisfactory in form to the Town Attorney;

         (b)   Any assurance for the installation of public improvements as required by town ordinance; and

         (c)   Proof that adequate water shares have been transferred to the town.

   (C)   Public improvements.

      (1)   An improvement completion assurance and warranty agreement shall be required for all public improvements before a final plat may be recorded.

      (2)   The amount of the security provided to guarantee completion of public improvements, including landscaping when required to be installed with a subdivision or other development, in accordance with the provisions of this chapter, shall be equal to 110% of the Town Engineer’s estimated cost of the improvements or the applicant’s reasonable proven cost of completion, as determined by the Town Engineer.

      (3)   The town may accept a cash bond, an escrow agreement with a federally insured bank, and a letter of credit with a federally insured bank or credit union.

   (D)   Compliance. The Town Administrator shall review a complete final plat submittal within 30 days of receipt of the application by the town and shall approve the final plat if it is consistent with the approved preliminary plat and any conditions of approval.

   (E)   Amendments. A recorded final plat may be amended if the amended plat complies with all applicable provisions of this code, construction codes and the town’s standards and specifications.

   (F)   Expiration. A final plat application shall be deemed withdrawn, and shall expire and have no further force or effect, if the plat is not recorded within 60 days after the Town Recorder/Clerk notifies the applicant that the plat is ready to be recorded. An applicant’s failure to record a plat within such time period renders the plat voidable.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Purpose. The purpose of this exception is to provide flexibility in the subdivision ordinance for the division of land into less than three lots when the division complies with the applicable zoning regulations and does not require the creation of public infrastructure or significant land development.

   (B)   Criteria. A land division may be granted an exception to the formal subdivision process if all of the following criteria are met:

      (1)   Number of lots. The division of land results in three or fewer lots; and

      (2)   Compliance with zoning. The division complies with all applicable underlying zoning requirements, including:

         (a)   Minimum lot size, lot width and frontage requirements; and

         (b)   Compliance with setbacks, easement and other zoning standards as specified in the zoning ordinance.

      (3)   No public infrastructure required. The division does not necessitate the creation or extension of public infrastructure, including:

         (a)   Roads or streets that require public dedication or construction;

         (b)   Utility extensions (water, sewer, electricity) to serve the new lots; and

         (c)   Stormwater management systems or drainage improvements beyond what is already existing.

      (4)   No impact to the public or neighboring properties. The division must not result in any significant adverse impacts on neighboring properties or the surrounding community, such as:

         (a)   Traffic congestion or safety hazards;

         (b)   Degradation of public facilities or services; and

         (c)   Creation of nonconforming lots or uses under the zoning ordinance.

      (5)   No new dwellings or structures. The division does not propose the construction of new dwellings, structures or other major developments on the newly created lots that would trigger the need for a full subdivision review.

      (6)   Conformance with existing subdivision plans. The division must not conflict with any existing approved subdivision plan, master plan or previously recorded plat within the subject area.

      (7)   One minor subdivision of land. A lot or parcel may only receive one minor subdivision in accordance with this section.

   (C)   Process for approval.

      (1)   Application. The property owner or applicant seeking the exception must submit a written application to the Town Administrator. The application shall include:

         (a)   A plat or map of the proposed land division;

         (b)   Documentation demonstrating compliance with applicable zoning standards; and

         (c)   Any other relevant documentation as required by the Town Administrator.

      (2)   Review. The Planning Commission will review the application for compliance with the above criteria. The review will consider the zoning requirements, the size and configuration of the parcels and the potential impact of the division.

      (3)   Approval or denial. Upon review, the Planning Commission will issue a written decision, either:

         (a)   Approval. If the division meets all the requirements for the exception, it will be approved and the land division may proceed; or

         (b)   Denial. If the division does not meet the criteria, the application will be denied and the applicant must follow the full subdivision process for further consideration.

      (4)   Recording. Upon approval, the land division must be recorded with the County Recorder’s Office.

   (D)   Limitations.

      (1)   This exception does not authorize the creation of more than three lots (unless the property owner has previously subdivided the property within a certain time frame as per local regulations).

      (2)   This exception does not grant a waiver for compliance with any other applicable laws or regulations, including, but not limited to, health, environmental or building code requirements.

      (3)   Any future development or subdivision of the property after the division shall comply with the full subdivision ordinance and applicable zoning requirements.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Scope. The town may review certain lot line adjustments pursuant to U.C.A. § 10-9a-523.

   (B)   Criteria. A lot line adjustment is permitted only if all of the following criteria are met.

      (1)   Number of lots involved. The adjustment must involve no more than three existing lots within a subdivision. Any adjustments to more than three lots require a subdivision amendment.

      (2)   No new lot creation. The adjustment cannot result in the creation of a new lot. The total number of lots before and after the adjustment must remain the same.

      (3)   Zoning compliance. The adjusted lots must comply with the underlying zoning requirements, including:

         (a)   Minimum lot size, width and frontage requirements;

         (b)   Setback and other dimensional standards; and

         (c)   Any other applicable zoning standards.

      (4)   No violation of easements. The adjustment must not result in the violation of any easement, encroachment or other legal restrictions on the property.

      (5)   No public infrastructure impact. The adjustment must not require the creation or extension of public infrastructure such as roads, utilities or drainage systems.

      (6)   No environmental concerns. The adjustment must not violate any environmental regulations, such as floodplain management, wetland protection or hillside development rules.

   (C)   Application process.

      (1)   Submission requirements. The property owner or applicant must submit a completed lot line adjustment application to the Town Administrator, including:

         (a)   A map or survey prepared by a licensed surveyor showing the existing and proposed lot lines, including dimensions, setbacks and boundary lines;

         (b)   Written confirmation that the adjusted lots comply with all zoning requirements (e.g., lot size, setbacks, frontage); and

         (c)   A legal description of the properties before and after the lot line adjustment.

      (2)   Review process. The Town Administrator will review the application for compliance with these regulations, the zoning ordinance and any other relevant laws. The review process typically includes:

         (a)   Verifying that the proposed adjustment meets zoning and subdivision requirements; and

         (b)   Ensuring that the adjustment does not create any conflicts with existing easements, covenants or rights-of-way.

      (3)   Approval or denial.

         (a)   Approval. If the adjustment meets all requirements, the Town Administrator will approve the application and issue a written decision.

         (b)   Denial. If the application does not meet the criteria, the Town Administrator will deny the application and provide the applicant with a written explanation of the reasons for denial.

         (c)   Recording. Upon approval, the applicant must file the lot line adjustment with the county or city land records office. The adjusted boundary lines will be legally recognized once recorded.

   (D)   Conditions of approval. Lot line adjustments may be subject to the following conditions.

      (1)   The applicant must ensure that the adjusted lots comply with all applicable zoning and land use regulations.

      (2)   The applicant must pay any required fees associated with the review and recording of the adjustment.

      (3)   If necessary, the applicant must obtain any additional permits or approvals for construction, drainage or environmental compliance before proceeding with any development on the adjusted lots.

   (E)   Restrictions.

      (1)   No subdivision. A lot line adjustment is not intended to create a subdivision or divide a single parcel into multiple lots.

      (2)   Repetitive adjustments. Repeated lot line adjustments between the same properties, when combined with other adjustments, may be subject to additional scrutiny or may require a more formal subdivision process if the cumulative effect constitutes a subdivision.

      (3)   Easements and restrictions. Lot line adjustments cannot interfere with established easements, rights-of-way or other legal restrictions.

(Ord. 2024-12, passed 12-18-2024)

   (A)   Standing. An applicant, property owner or adversely affected party, as defined in U.C.A. § 10-9a-103(2), may appeal a decision related to this subdivision ordinance.

   (B)   Filing the appeal.

      (1)   The appeal must be filed in writing with the Town Recorder/Clerk within ten days from the date of the decision being appealed.

      (2)   The appeal should include:

         (a)   A clear and concise statement of the reasons for the appeal, outlining why the appellant believes the decision was incorrect or unlawful;

         (b)   A copy of the decision or action being appealed (e.g., denial letter, resolution or conditions of approval); and

         (c)   Any supporting documents, evidence or materials that the appellant believes are relevant to the appeal.

   (C)   Fee for appeal. A non-refundable appeal fee, in accordance with the Town Fee Schedule, shall be submitted at the time of filing the appeal. This fee shall cover the administrative costs associated with processing the appeal.

   (D)   Scheduling the appeal hearing.

      (1)   Upon receipt of a completed appeal application, the Town Hearing Officer will schedule the appeal hearing.

      (2)   The appellant and any other interested parties will be notified in writing of the date, time and location of the hearing.

   (E)   Conduct of the appeal hearing.

      (1)   The Hearing Officer will conduct a hearing where both the appellant and any interested parties (e.g., neighbors, representatives of the Planning Department) may present their arguments.

      (2)   The appellant may present evidence and testimony to support their position, and the staff or Planning Commission may present the basis for their decision.

      (3)   The Hearing Officer may ask questions, request further information or continue the hearing to another meeting if necessary.

   (F)   Criteria for decision. The appeal body will base its decision on whether the original decision was in accordance with the law, the subdivision ordinance and the facts of the case.

   (G)   Final decision. The appeal body will issue a written decision, typically within ten business days after the hearing, and the decision will be mailed to the appellant and all interested parties. The decision may include:

      (1)   A final approval of the subdivision with or without conditions;

      (2)   A final denial of the subdivision; and

      (3)   A remand to the land use authority with additional instructions for further review.

   (H)   Judicial review. If the appellant is dissatisfied with the final decision of the appeal body, the appellant may seek judicial review in a court of competent jurisdiction as provided by law. Judicial review must be sought within 30 days of the final decision.

(Ord. 2024-12, passed 12-18-2024)