Fillmore City Zoning Code

CHAPTER 18

SUBDIVISIONS

10-18-1: PURPOSE:

The purposes of this chapter are to:

A. Public Health And Safety: Protect and provide for the public health, safety, and general welfare of the city.

B. Growth And Development Consistent With The General Plan: Guide the future growth and development of the city in accordance with the general plan.

C. Development: Encourage the orderly and beneficial development of land within the municipality.

D. Avoid Conflicts: Protect the integrity of buildings, land, and improvements, and to minimize the conflicts among the uses of land and buildings.

E. Relationship Between Uses Of Land: Provide a beneficial relationship between the uses of land, buildings, traffic circulation, and the proper location and width of streets and building setbacks.

F. Standards Of Design: Establish reasonable standards of design and procedures for subdivisions, condominium plats, plat amendments, and lot line adjustments, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and recordation of subdivided land.

G. Public Facilities: Ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.

H. Natural Resources: Encourage the wise use and management of natural resources in order to preserve the integrity, stability, and aesthetics of the community.

I. Rural Development: Continue the rural development and variety of structural design within residential zones.

J. Open Spaces: Provide for open spaces through the most efficient design and layout of the land, while preserving the density of land as established in the zoning and subdivision code of the city.

(Ord. 24-25, 12-17-2024)

10-18-2: DEFINITIONS:

The following definitions shall be used in the interpretation and construction of this chapter:

ADMINISTRATIVE LAND USE AUTHORITY: An individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission. "Administrative land use authority" does not include a municipal legislative body or a member of a municipal legislative body.

AFFECTED ENTITY: A county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; the entity has filed with the municipality a copy of the entity's general or long-range plan; or the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter.

LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the Office of the Millard County Recorder.

PARCEL: Any real property that is not a lot.

PLAT: An instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Utah Code Ann. §§ 10-9a-603 or 57-8-13.

RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with Utah Code Ann. §§ 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.

SUBDIVISION: Any land that is divided, resubdivided, or proposed to be divided into two (2) or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

SUBDIVISION AMENDMENT: An amendment to a recorded subdivision in accordance with Section 10-9a-608 that vacates all or a portion of the subdivision; alters the outside boundary of the subdivision; changes the number of lots within the subdivision; alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision.

(Ord. 24-25, 12-17-2024)

10-18-3: SUBDIVISION APPROVAL REQUIRED:

A. No person shall subdivide any parcel of land in the city except in compliance with this title.

B. No building permit shall be approved for the use of any land or the construction of any building or structure on a lot or parcel created in violation of this title, or on a lot in a subdivision created by judicial decree, until a subdivision plat has been approved and properly recorded as required by this title. Any license or permit issued in conflict with the provisions of this title shall be null and void.

C. No person shall sell, lease, exchange, encumber or otherwise transfer or convey any parcel of land which is the result of subdivision of a larger tract of land unless and until a final plat, for plat subdivisions, or deed, for non-plat subdivisions, prepared in accordance with the provisions of this title, shall have been first approved by the land use authority and recorded in the office of the Millard County Recorder.

D. No person shall transfer and no building permit shall be approved for any parcel or lot if any boundary line adjustment, subdivision amendment, or consolidation of lots or parcels, affecting such lot or parcel, did not comply with the provisions of this title.

(Ord. 24-25, 12-17-2024)

10-18-4: PLAT SUBDIVISION PROCESS OVERVIEW AND GENERAL REQUIREMENTS:

A. Intent: This section 10-18-4 provides definitions, standards, and general requirements for platted subdivisions and shall be applicable to the following sections which address the plat subdivision process: sections 10-18-4, 10-18-5, 10-18-6 and 10-18-7.

B. Definitions: The following definitions shall be used in the interpretation and construction of this section and the sections that follow applicable to the platted subdivision process, including sections 10-18-5, 10-18-6 and 10-18-7:

DEVELOPMENT REVIEW COMMITTEE: A body comprised of the city's planning administrator, city's public works director, city engineer, city attorney, and Dixie Power representative. Such body, for purposes of subdivision review, does not include a member of the city's legislative body.

REVIEW CYCLE:

Means:

1. The subdivider's submittal of a complete subdivision application;

2. The municipality's review of that subdivision application;

3. The municipality's response to that subdivision application, in accordance with this section; and

4. The subdivider's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information.

SUBDIVIDER: A record owner of property, or their agent, who submits an application to subdivide their property.

SUBDIVISION APPLICATION: A land use application for the subdivision of land.

SUBDIVISION IMPROVEMENT PLANS: The civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision.

SUBDIVISION ORDINANCE REVIEW: Review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances.

SUBDIVISION PLAN REVIEW: A review of the subdivider's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation standards and inspection specifications for infrastructure improvements.

WATER CONVEYANCE FACILITY: A ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. “Water conveyance facility” does not mean a ditch, canal, flume, pipeline or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility.

C. Authority: The administrative land use authority for review of plat subdivisions shall be the development review committee ("DRC") as defined in this section.

D. Subdivision Application Process Overview:

1. Process:

a. Prior Legislative Approval: If the application requires legislative approvals, such as a zone change, annexation, general plan amendment, street or municipal utility easement vacation, or any other legislative action, the legislative approval shall be completed prior to submittal of the preliminary plan application. The legislative body may grant an approval which approval shall be made contingent upon completion of the subdivision application process within a reasonable time frame, not to exceed twelve (12) months.

b. Subdivision Approval Process Generally:

(1) Subdivider may request a pre-application meeting pursuant to section 10-18-5;

(2) Subdivider shall apply for preliminary subdivision application approval in compliance with section 10-18-6 which review shall commence upon submission of a complete preliminary subdivision application, which application shall include the subdivision improvement plan, and shall follow the review cycle standards; and

(3) Upon, or concurrent with, approval of the preliminary subdivision application, including the subdivision improvement plan, subdivider shall apply for final subdivision application approval in compliance with section 10-18-7. The review of such shall commence upon submission of a complete final subdivision application, and shall follow the review cycle standards.

c. City Shall Maintain And Publish: The city shall maintain and publish a list of the items comprising the complete subdivision application, including:

(1) The application;

(2) The owner's affidavit;

(3) An electronic copy of all plans in PDF form;

(4) The subdivision plat drawings; and

(5) A breakdown of fees due upon approval of the application.

E. Review Cycle Standards:

1. Application Of Review Cycle Periods:

a. The review cycle periods apply to subdivision applications for single-family dwellings, two-family dwellings, or townhomes.

b. The review cycle periods do not apply to:

(1) Subdivision applications for uses other than single-family dwellings, two-family dwellings, or townhomes; or

(2) Subdivision applications affecting property within identified geological hazard areas.

c. Subdivision applications for uses other than single-family dwellings, two-family dwellings, or townhomes shall follow the process outlined in this section 10-18-4, without strict compliance to the review cycle periods and deadlines with the exception of expiration periods.

2. Initial Review Period:

a. Complete Subdivision Application: For single-family dwellings, two-family dwellings, or townhomes that are not located within identified geological hazard areas, the city has thirty (30) business days after submission of a complete subdivision application for the initial review. If the application is not complete, the city shall return the application to the subdivider and the review cycle shall not commence.

b. Subdivision Improvement Plan: For single-family dwellings, two-family dwellings, or townhomes that are not located within identified geological hazard areas, the city has forty (40) business days after submission of a complete subdivision improvement plan for the initial review.

3. Second And Subsequent Review Periods: If a subdivider does not submit a revised subdivision improvement plan within forty (40) business days after the city requires a modification or correction, the city has an additional twenty (20) business days, for a total of sixty (60) business days, to respond to a revised subdivision improvement plan. If the subdivider's response is not complete, the city shall return the subdivider's response to the subdivider and the second or subsequent review cycle shall not commence.

4. Final Review Period:

a. Maximum Number Of Review Cycles: The city may not require more than (4) four review cycles for a subdivision improvement plan review.

b. Failure To Respond: If on the fourth or final review, the city fails to respond within twenty (20) business days, the city shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received:

(1) For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code Ann. § 10-9a-508(5)(d) to review and approve or deny the final revised set of plans; or

(2) For a dispute arising from the subdivision ordinance review, advise the subdivider, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.

5. City's Response To Submittal:

a. The city's response, in each review cycle, must be comprehensive, i.e., all comments from all departments must be sent to the subdivider in one document.

b. Request For Additional Information Or Modifications.

(1) The city may require additional information relating to a subdivider's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction or public improvements, and modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.

(2) The city's request for additional information or modifications to plans shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions.

c. Corrections Waived; Exceptions: Except as necessary to protect public health and safety or to enforce state or federal law, a change or correction not addressed or referenced in the city's subdivision improvement plan review is waived unless such change or correction is necessitated by the subdivider's adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development.

6. Subdivider's Response To City's Response:

a. A subdivider shall provide a written explanation in response to the municipality's review comments, identifying and explaining the subdivider's revisions and reasons for declining to make revisions, if any.

b. The subdivider's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.

c. If a subdivider fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.

7. Material Change: If a subdivider makes a material change to a subdivision improvement plan, the city has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects.

(Ord. 24-25, 12-17-2024)

10-18-5: PLAT SUBDIVISION: PRE-APPLICATION MEETING:

A. Scheduling: Within fifteen (15) business days after a written request is made by the subdivider for a pre-application meeting, which request shall include the information required under subsection (B), the city shall schedule a pre-application meeting.

B. Information Made Available By Subdivider: The subdivider shall include, with subdivider's request for a pre-application meeting, a concept plan for city staff review which shall, at a minimum, include the following:

1. The general location of the subdivision and the property boundaries of the proposed subdivision area;

2. The topographic contours from available data, e.g. USGS maps;

3. The acreage of the entire tract as well as the number of lots and dimensions and size per lot;

4. The current and proposed zoning;

5. A brief written statement or oral presentation in sufficient detail that the intent of the subdivider is clear regarding the proposed use of the property;

6. The feasibility of the anticipated impact, demand and availability of utilities and utility connections, including water, sewer, and power; and

7. Any phasing plan, if applicable.

C. Information Made Available By City: At the pre-application meeting, the city shall provide or have available on the municipal website, the following:

1. Copies of applicable land use regulations;

2. A complete list of standards required for the project;

3. Preliminary and final application checklists; and

4. Feedback on the submitted concept plan.

D. No Vested Rights: The pre-application meeting, including review and comments regarding the submitted concept plan, does not create any vested rights or approval.

(Ord. 24-25, 12-17-2024)

10-18-6: PLAT SUBDIVISION: PRELIMINARY SUBDIVISION APPLICATION:

A. Petition: Subdivider shall submit a complete preliminary subdivision application on a form provided by the city with all the requested information and necessary attachments. Such petition shall include:

1. An owner's affidavit;

2. An electronic copy of all plans in PDF format;

3. Preliminary plat and subdivision improvement plan drawings;

4. Payment of all preliminary plan fees;

5. The subdivision improvement plan;

6. All other required details, specifications, information, permits, and other information as detailed in Fillmore city code or regulations by the applicable jurisdiction; and

7. If subdivider received conditional approval for residential multi-family zoning of subdivider's property, subdivider shall meet the requirements of section 10-7D-1 et seq. and the executed development agreement.

B. Notice And Public Comment:

1. The city shall provide notice on the city's website, and to the following via mail, at the petitioner's cost, at least ten (10) calendar days before the land use authority may approve the petition:

a. Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and

b. Record owners of property located within three hundred feet (300') of the property that is the subject of the proposed vacation or amendment, sent to the mailing address appearing on the rolls of the county assessor.

2. Water Conveyance Facilities: If the location of the proposed subdivision is within one hundred (100) feet of a water conveyance facility, the City shall, within twenty (20) calendar days after receipt of the completed application, notify in writing the Water Conveyance Facility Owner(s) of the Application and request comments related to the following aspects of the water conveyance facility: access, maintenance, protection, safety, and any other issues related.

3. The notice shall include:

a. A copy of the filed petition or a description of such petition with a statement that a copy of the filed petition is available to review at the Fillmore city office; and

b. A deadline, in which any comments shall be filed with the city, of:

(1) At least ten (10) calendar days for affected entities and record owners of property within three hundred feet (300'); and

(2) At least twenty (20) calendar days for any water conveyance facility owner(s).

4. Approval Prohibited During Twenty (20) Calendar Day Window: While the city may provide comments to the subdivider before this twenty (20) day window is complete, the administrative land use authority shall not grant approval until at least twenty (20) days after the day on which the city mailed notice to the affected entities, record owners of property within three hundred feet (300'), and water conveyance facilities.

5. No Public Hearing: Unless otherwise required under state code, no public hearing shall be held.

C. Consideration And Approval:

1. Approval: Upon completion of review, pursuant to the review cycle, as set forth in section 10-18-4(E), if the administrative land use authority finds the subdivider has completed all requirements addressed during the review cycle and that the preliminary application, including the preliminary plat and subdivision improvement plan, complies with the requirements of this title and all adopted city standards and specifications, then the administrative land use authority shall approve the preliminary subdivision application, including the subdivision improvement plan.

2. Certificate Of Approval: Upon approval, the city shall prepare a certificate of written approval. However, no plat shall be signed and recorded in the Office of the Millard County Recorder until approval of a final subdivision application.

D. Expiration:

1. Incomplete Response Or Lack of Response: An application is expired if, during the review cycle, the subdivider does not reply to the city's response by submitting a complete response within twelve (12) months.

2. Approved Preliminary Application: An approved preliminary application is expired if the subdivider does not submit a complete final subdivision application within twelve (12) months of preliminary subdivision application approval.

3. Phased Final Plats: An approved application remains active on condition that the second and subsequent phases of the final plat are recorded at least every twenty-four (24) months, unless specifically varied in an executed development agreement. If a subsequent phase of the final plat is not recorded within the twenty-four (24) month period, the subdivider must submit a preliminary subdivision application anew for city approval.

(Ord. 24-25, 12-17-2024)

10-18-7: PLAT SUBDIVISION: FINAL SUBDIVISION APPLICATION:

A. Petition:

1. Subdivider shall submit a complete final subdivision application, on a form provided by the city, with all the requested information and necessary attachments. Such petition shall include:

a. An owner's affidavit;

b. A final plat (or the first phase of a phased final plat);

c. The approved preliminary plat and subdivision improvement plan drawings;

d. An electronic copy of all plans in PDF format;

e. Payment of all preliminary plan fees;

f. All other required details, specifications, information, permits, and other information as detailed in Fillmore city code or regulations by the applicable jurisdiction; and

g. If subdivider received conditional approval for residential multi-family zoning of subdivider's property, subdivider shall meet the requirements of section 10-7D-1 et seq. and the executed development agreement.

2. Phased Final Plats: If subdivider indicated its intention to develop in phases during the preliminary subdivision application, the city shall consider separate final subdivision applications for each phase.

3. Concurrent Submission:

a. The final subdivision application may be submitted concurrently with the preliminary subdivision application.

b. A subdivider may submit concurrent final subdivision applications if subdivider will be developing phases concurrently and intends such phases to be approved and recorded concurrently.

4. Shall Not Vary: The final subdivision application and subdivision improvement plans shall not materially vary from the approved preliminary subdivision application. If the final subdivision application or subdivision improvement plan materially changes from the approved preliminary subdivision application, the city has the discretion to require the subdivider to submit a preliminary subdivision application anew as provided in section 10-18-6.

5. Timing: The final subdivision application must be submitted within twelve (12) months after approval of the preliminary subdivision application.

B. Consideration, Approval:

1. Approval: Upon completion of review, pursuant to the review cycle, as set forth in section 10-18-4(E), if the administrative land use authority finds that the final subdivision application complies with the requirements of this title and all adopted city standards and specifications, then the administrative land use authority shall approve the final subdivision application.

2. Improvement Completion Assurance: Subdivider shall comply with and provide improvement completion assurance as provided in title 10, chapter 18, Article A.

3. Signing And Recording Of Plat:

a. Prior to the signing and recording of a final plat, the final plat shall be reviewed by the city attorney and the Office of the Millard County Recorder.

b. Subject to subdivider providing improvement completion assurance, the administrative land use authority shall forward the final plat to the legislative body for signature.

c. The city, at subdivider's cost, shall record the approved, signed final plat in the Office of the Millard County Recorder.

(Ord. 24-25, 12-17-2024)

10-18-8: EXEMPTIONS FROM PLAT REQUIREMENT (NON-PLAT SUBDIVISION):

A. Non-Plat Subdivision:

1. Authority: The land use authority for purposes of review and approval of a non-plat subdivision is the planning administrator.

2. Standards: In lieu of preparing a subdivision plat and proceeding as set forth in sections 10-18-4, 10-18-5, 10-18-6, and 10-18-7, a subdivider may elect to follow the non-plat subdivision process, as set forth herein, if the proposed subdivision:

a. Is not traversed by the mapped lines of a proposed street as shown in the general plan and does not require dedication of land for a street or other public purpose;

b. Has been approved by the culinary water authority and the sanitary sewer authority;

c. Is located in a zoned area;

d. Conforms to all applicable land use ordinance, including frontage, width, and area requirements of the zone district in which it is located or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance;

e. The proposed subdivision would result in buildable lots; and

f. The proposed subdivision would result in five (5) or fewer lots.

3. Petition:

a. Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted shall, in writing on a form provided by Fillmore City, submit a complete petition for a non-plat subdivision.

b. Such petition shall include:

(1) A record of survey map that graphically illustrates the boundaries of each lot or parcel exempted from the plat requirement;

(2) All other required details, specifications, information, permits, and other information as detailed in Fillmore City Code or regulations by the applicable jurisdiction.

4. Notice And Public Comment:

a. The city shall provide notice on the city website and to the following via mail, at the petitioner's cost, at least ten (10) calendar days before the land use authority may approve the petition:

(1) Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and

(2) Record owners of property located within three hundred feet (300') of the property that is the subject of the proposed vacation or amendment, sent to the mailing address appearing on the rolls of the county assessor.

b. The notice shall include:

(1) A copy of the filed petition or a description of such petition with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and

(2) A deadline of at least ten (10) calendar days in which any written objections shall be filed with the planning administrator.

c. No Public Hearing: Unless otherwise required under state code, no public hearing shall be held.

5. Consideration, Approval, And Recordation:

a. Approval:

(1) Approval: If the land use authority finds the subdivider has completed all requirements and such application complies with the requirements of this title and all adopted city standards and specifications, then the land use authority shall approve the application and issue a notice of approval. Such notice of approval shall recite the legal description of each resulting parcel of property.

(2) Notice Of Approval: The city shall prepare a notice of written approval.

b. Recordation: Such notice of approval, along with a deed, consistent with the descriptions provided in the record of survey, shall be recorded in the Office of the Millard County Recorder, at the petitioner's cost.

6. Expiration Of Approval: The city approval is only valid upon recording of the deed subdividing such property, and the city's notice of approval shall clearly indicate the same. Furthermore, city approval shall expire one hundred eighty (180) calendar days from the date the city's notice of approval was signed unless both the city's notice of approval and the recording of the deed subdividing such property are recorded within that time.

7. One Time Process; Deed Restriction: This subsection (A) may be utilized only once per parcel of property. Parcels of land which are subdivided as a non-plat subdivision, under this subsection (A), must be deed restricted with a notation on the documents of conveyance that this one-time election has been exercised and that the resulting parcels may not be further subdivided without recordation of an approved subdivision plat.

B. Agricultural Exemption From Plat:

1. Authority: The planning administrator acts as the land use authority for property proposed to be subdivided without a plat, as an agricultural exemption.

2. Standards: Notwithstanding any other provision of law, a lot or parcel resulting from a division of agricultural land is exempt from the plat requirements of this title if the lot or parcel:

a. Qualifies as land in agricultural use under Utah Code Ann. § 59-2-502;

b. Meets the minimum size requirement of applicable land use ordinances;

c. Is not used and will not be used for any nonagricultural purpose; and

d. Meets the requirements under subsection (A)(2)(a)-(e) herein.

3. Petition:

b. Such petition shall include:

(1) A record of survey map that graphically illustrates the boundaries of each lot or parcel exempted from the plat requirement;

(2) All other required details, specifications, information, permits, and other information as detailed in Fillmore City Code or regulations by the applicable jurisdiction.

4. Notice And Public Comment:

a. The city shall provide notice on the city website and to the following via mail, at the petitioner's cost, at least ten (10) calendar days before the land use authority may approve the petition:

(1) Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and

b. The notice shall include:

(1) A copy of the filed petition or a description of such petition with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and

(2) A deadline of at least ten (10) calendar days in which any written objections shall be filed with the planning administrator.

c. No Public Hearing: Unless otherwise required under state code, no public hearing shall be held.

5. Consideration, Approval, And Recordation:

a. Approval:

(2) Certificate Of Approval:

(A) The planning and zoning administrator shall prepare a certificate of written approval that shall accompany the recording of the record of survey. For a record of survey to create a valid subdivision a certificate of written approval must be attached to the document. Unless approval is obtained and recorded on the property, any metes and bounds division after the enactment of this chapter shall be deemed null and void, for the purposes of zoning.

(B) The certificate or written approval required herein shall be in substantially the following form: "The Fillmore City Zoning Administrator hereby represents and acknowledges that the property described herein is part of a metes and bounds division of land, i.e., Non-Plat Subdivision, and is not subject to the requirements for recording a subdivision plat. As such, it is to be used for agricultural purposes under Utah Code Ann. § 59-2-502, as amended, only and cannot be used for residential or other development purposes until the requirements for a Plat Subdivision have been met. The division and use of the land has been reviewed by Fillmore City staff and has been found to meet the requirements under City ordinances and State statutes. This approval shall expire one hundred eighty (180) calendar days from the date of this Certificate of Approval unless such subdivision of property has been formalized by deed or other adequate recording instrument."

b. Recordation: Such certificate of approval, along with a deed, consistent with the descriptions provided in the record of survey, shall be recorded in the Office of the Millard County Recorder, at the petitioner's cost.

6. Expiration Of Approval: The city approval is only valid upon recording of the deed subdividing such property, and the city's certificate of approval shall clearly indicate the same. Furthermore, City approval shall expire one hundred eighty (180) calendar days from the date the city's certificate of approval was notarized unless both the city's certificate of approval and the recording of the deed subdividing such property are recorded within that time.

7. Effect Of Use Or Development Of Property For Nonagricultural Purposes: If a lot or parcel exempted herein is used or developed for a nonagricultural purpose, the city may require the lot or parcel to comply with the plat subdivision requirements under sections 10-18-4, 10-18-5, 10-18-6, and 10-18-7.

(Ord. 24-25, 12-17-2024)

10-18-9: VACATION OR AMENDMENT OF SUBDIVISION PLAT OR PUBLIC STREET:

A. Intent: In some instances, it becomes necessary to adjust, amend, vacate, or otherwise modify the dimensions of existing lot lines, subdivision plats, or public streets. The city expresses its intention to follow Utah Code Ann. §§ 10-9a-608, 609, and 609.5, as amended, in considering subdivision amendments, and vacations of subdivisions, public streets, and municipal utility easements.

B. Subdivision Amendment Or Subdivision Vacation: The process for a subdivision amendment or subdivision vacation shall meet the following regulations:

1. Authority: The development review committee acts as the land use authority when the proposed adjustment, amendment, or vacation does not include an adjustment, amendment, or vacation of a public street, right-of-way, or municipal easement.

2. Petition:

b. Such petition shall include a prepared plat, in accordance with Utah Code Ann. § 10-9a-603 that:

(1) Depicts only the portion of the plat that is proposed to be amended;

(2) Includes a plat name distinguishing the amended plat from the original plat; and

(3) Describes the differences between the amended plat and the original plat and includes references to the original plat.

3. Notice And Public Hearing:

a. The city shall provide notice on the city website and to the following via mail, at the petitioner's cost, at least ten (10) calendar days before the land use authority may approve the petition:

(1) Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and

b. The notice shall include:

(1) A copy of the filed petition or a description of such amendment with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and

(2) The date, time, and place of the public hearing, if a public hearing is required, or if no public hearing is required, a deadline of at least ten (10) calendar days in which any written objections shall be filed with the planning administrator.

c. A public hearing shall be held within forty-five (45) days after the petition is filed if any of the following circumstances are true:

(1) Any owner within the plat notifies the municipality of their objection in writing within ten (10) days of mailed notification; or

(2) All of the owners in the subdivision, or that portion of the subdivision that is being vacated or amended have not signed the revised plat.

d. A public hearing shall not be held if notice has been given as provided by this section and the petition seeks to:

(1) Join two (2) or more of the petitioner fee owner's contiguous lots;

(2) Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition;

(3) Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision;

(4) On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or

(5) Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (i) owned by the petitioner; or (ii) designated as a common area.

4. Consideration, Approval, And Recordation:

a. Consideration And Approval Of Amended Plat: The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that:

(1) There is good cause for the vacation or amendment; and

(2) No public street or municipal utility easement has been vacated or amended.

b. Recording Of Amended Plat:

(1) The land use authority shall ensure that the amended plat showing the vacation or amendment is recorded in the Millard County Recorder's Office, at the petitioner's cost.

(2) An amended plat, approved and recorded in accordance with this section, shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land.

c. Vacating Ordinance:

(1) A legislative body may vacate a subdivision or a portion of a subdivision by recording in the Millard County Recorder's Office an ordinance describing the subdivision or the portion being vacated.

(2) The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance.

C. The process for vacating a public street, right-of-way, or municipal utility easement shall meet the following regulations:

1. Authority: The legislative body may approve a petition to vacate a public street, right-of-way, or municipal utility easement in accordance with this section.

2. Petition: A complete petition to vacate some or all of a public street, right-of-way, or municipal utility easement shall be submitted on a form provided by Fillmore City, along with the required fee shall be submitted to the city. Such petition shall include a legal description of the public street, right-of-way, or municipal utility easement is being requested to be vacated.

3. Notice And Public Hearing:

a. The city shall provide notice, at the petitioner's cost, at least ten (10) calendar days before the land use authority may approve the petition, as follows:

(1) As a class A notice under Utah Code Ann. § 63G-3-102;

(2) The city shall mail notice to:

(A) Affected entities;

(B) Record owners of property located adjacent to the public street or municipal utility easement between the two nearest public street intersections;

(C) Record owners of property that access by or within three hundred (300) feet of the public street or municipal utility easement;

(D) The Utah Department of Transportation, if a public street is being requested to be vacated; and

(3) The city shall provide notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or municipal utility easement sought to be vacated.

b. The notice shall include:

(1) A copy of the filed petition or a description of such public street or municipal utility easement being sought to be vacated, with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and

(2) The date, time, and place of the public hearing.

c. A public hearing shall be held in accordance with Utah Code Ann. § 10-9-208.

4. Consideration, Approval, And Recordation:

a. Consideration And Approval: The land use authority may approve the vacation by adopting an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that:

(1) Good cause exists for the vacation; and

(2) Neither the public interest nor any person will be materially injured by the vacation.

b. Recording Plat Or Vacating Ordinance: The legislative body shall ensure that one or both of the following is recorded in the Millard County Recorder's Office, at the petitioner's cost:

(1) A plat reflecting the vacation; or

(2) A vacating ordinance which shall include a legal description of the public street to be vacated.

(Ord. 24-25, 12-17-2024)

10-18-10: BOUNDARY LINE ADJUSTMENTS:

A. Intent: In some instances, it becomes necessary to adjust property boundaries between parcels, lots, or parcels and lots. The city expresses its intention to follow Utah Code Ann. §§ 10-9a-523, 524, and 608, as amended, in considering property boundary adjustments.

B. Land Use Authority: The planning administrator acts as the land use authority for proposed boundary line adjustments.

C. Standards: An application for a lot or parcel line adjustment shall result in lots or parcels that comply with the following standards:

1. Existing structures comply with all applicable regulations in title 10 regarding lot size, lot width, and required setbacks unless modified through a planned development or when necessary to comply with a finalized development agreement;

2. The resulting lots or parcels do not alter any existing easement unless the existing easements are included in the application for an adjustment. If the easement is shown on a recorded plat and is impacted by the proposed adjustment, a subdivision amendment is required;

3. The proposed adjustment does not create any new or increase the amount of noncompliance with title 10 or does not result in a use expanding to a portion of a property where the use is not authorized in the applicable land use tables in title 10;

4. The resulting adjustment will not result in more than one principal building on a single lot unless authorized by title 10;

5. The resulting adjustment will not alter any public right of way;

6. The resulting adjustment will not create any new lots or parcels; and

7. The proposed adjustment does not place a parcel or lot into noncompliance with public utility requirements, such as meter standards, utility placement, shared facilities, and other adopted standards.

D. Parcel Boundary Adjustment:

1. Process: For adjustments to a property boundary between parcels, the property owner shall:

a. Execute a boundary adjustment through:

(1) A quitclaim deed; or

(2) Boundary line agreement; and

b. Record the quitclaim deed or boundary line agreement in the Office of the Millard County Recorder.

2. Review By Land Use Authority:

a. Criteria For Approval: If neither parcel includes a dwelling unit, such property boundary adjustment is not subject to review by the land use authority. If one or more of the parcels includes a dwelling unit, the land use authority shall review the boundary lot adjustment to ensure compliance with subsection (C).

b. Timing Of Review: The land use authority shall complete the review within fourteen (14) days after the day on which the property owner submits the boundary lines agreement for review.

c. Deficiencies Or Corrections: Upon a review, if the city determines the boundary line agreement is deficient or requires additional information to approve the boundary line agreement, the city shall, within the fourteen (14) days, send written notice to the property owner that: (i) describes the specific deficiency or additional information the city requires to approve the boundary line agreement; and (ii) states that the city shall approve once the additional information has been provided and any deficiencies corrected.

d. Notice Of Approval: Upon a review, if the city approves the agreement, the city shall send written notice of the boundary line agreement's approval to the property owner within the fourteen (14) days.

E. Lot Line Adjustments:

1. Process: For adjustments to a property boundary where one or more of the adjoining properties is a lot, the property owner shall:

a. Obtain approval from the land use approval after submission of a completed petition for lot line adjustment, in writing on a form provided by Fillmore City;

b. Submit a petition for an amended plat in accordance with section 10-18-9, if required by state law;

c. Execute a boundary adjustment through:

(1) A quitclaim deed; or

(2) Boundary line agreement; and

d. Record the quitclaim deed or boundary line agreement in the Office of the Millard County Recorder.

2. Review By Land Use Authority:

a. The land use authority shall review the boundary lot adjustment to ensure compliance with subsection (C).

b. Notice Of Approval: A notice of lot line adjustment approval shall be recorded in the office of the Millard County Recorder which: (i) is approved by the land use authority; and (ii) recites the legal descriptions of both the original properties and the properties resulting from the exchange of title. Such notice of approval, along with the approved deed or other recordable instrument shall be recorded by the petitioner, at the petitioner's cost.

F. Expiration Of Approval: The city approval for lot or parcel line adjustment is only valid upon recording of the approved deed or other recordable instrument, and any document of approval issued by the city shall clearly indicate the same. Furthermore, city approval shall expire one hundred eighty (180) calendar days from the date the city's notice of approval was notarized unless both the city's approval document and the approved recordable instrument are recorded within that time.

(Ord. 24-25, 12-17-2024)

10-18-11: PARCEL OR LOT CONSOLIDATION:

A. Land Use Authority: The planning administrator acts as the land use authority for proposed parcel or lot consolidation.

B. Standards: An application for a parcel or lot consolidation shall result in parcels or lots that comply with the following standards:

4. The resulting adjustment will not result in more than one principal building on a single lot unless authorized by title 10;

5. The resulting adjustment will not alter any public right of way;

6. The resulting adjustment will not create any new lots or parcels; and

C. Parcel Consolidation:

1. For consolidation of two (2) or more parcels, the property owner shall:

a. Execute a quitclaim deed; and

b. Record the quitclaim deed or boundary line agreement in the Office of the Millard County Recorder.

2. Review By Land Use Authority: Criteria For Approval: If neither parcel includes a dwelling unit, such parcel consolidation is not subject to review by the land use authority. If one or more of the parcels includes a dwelling unit, the land use authority shall review the consolidation to ensure compliance with the standards set forth under section 10-18-10(C).

D. Lot Consolidation: For consolidation of two (2) or more properties where one or more of the adjoining properties is a lot, the property owner shall follow the subdivision amendment process in section 10-18-9 and meet the standards set forth under section 10-18-10(C).

E. Consideration And Approval: Recorded Instrument: The instrument shall clearly indicate that the parcels or lots are to be consolidated into one parcel or lot and one legal description.

(Ord. 24-25, 12-17-2024)

10-18-12: RECORD OF CONDOMINIUM PLAT:

Each application for condominium shall comply with the provisions of the condominium act as set forth in Utah Code Annotated title 57, chapter 8, or any successor statute enacted in its place.

(Ord. 24-25, 12-17-2024)

10-18A-1: GOVERNING PROVISIONS:

The regulations hereinafter set forth in this article qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. The current edition of the American Public Works Association (APWA) Manual of Standard Specifications will also govern construction of infrastructure in the City. (Ord. 19-07, 9-3-2019)

10-18A-2: LOT STANDARDS:

A. Area, Dimensions: The minimum area and dimensions of all lots shall conform to the requirements of the zone district in which the lot is located.

B. Access; Private Streets: All lots or parcels created by a subdivision shall have direct access with frontage on a dedicated street improved to standards hereinafter required. Private streets shall be permitted only as recommended by the Planning Commission. Land designated as public right-of-way shall be separate and distinct from lots adjoining such right-of-way and shall not be included in the area of such lots.

C. Developable Lots Required: All subdivisions shall result in the creation of lots that are developable and capable of being built upon. A subdivision shall not create lots and no building permit shall be issued for any lots that would make building or access impractical due to size, shape, steepness of terrain, location of watercourses, problems of sewerage or driveway grades, or other physical conditions, except where such lots are suitable and dedicated for a common open space, private utility or public purpose as determined by the Planning Commission.

D. Side Lines: The side lines of all lots, so far as possible, shall be at right angles to each street on which the lot faces, or approximately radial to the center of curvatures. Exceptions may be made to this requirement where considerations for solar orientation are involved.

E. Corner Lots: Corner lots for residential use shall be planned wider than interior lots in order to permit conformance with the required front setback requirements of both streets.

F. Boundary Line: A City boundary line shall not divide a lot. Each such boundary line shall be made on a lot line.

G. Lot Numbers: Lot numbers shall begin with the number "1" and shall continue consecutively through the subdivision with no omissions or duplications; no block designations shall be used.

H. One Dwelling Per Lot: Except as specifically authorized by this title, not more than one dwelling unit shall occupy any one lot.

I. Area Requirements: No area needed to meet the minimum width, yard area, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building for the purpose of installing any kind of structure.

J. Cutting Off Lot Portions: No portion of a lot may be cut off from another portion of a lot that has been created through a subdivision action. (Ord. 19-07, 9-3-2019)

10-18A-3: DEVELOPMENT DESIGN AND LAYOUT:

A. Hazardous Site Conditions: The design of the development shall avoid or fully mitigate hazardous site conditions (unstable slopes, geologic faults or flood potential, etc.).

B. Drainage: Drainage from individual lots shall be coordinated with the general storm drainage pattern for the area and shall avoid conveying to adjacent lots runoff flows higher than historic patterns. Post development flows shall be based on a 10-year twenty four (24) hour design storm if water is to be detained on site and released at a rate not exceeding the historic flow.

C. Recreation Facilities: Any recreation facilities should be located central to all residents of the development.

D. Open Space Access: All lots should have reasonable access to open space, trails, park land or recreation facilities that are set aside for either development use or use by the general public.

E. Public Trails: Access to public trails and open space abutting the property shall be provided.

F. Utility Extensions: Utility extensions required for future development shall be provided. All utility extensions shall be designed in conformance with the applicable City utility system master plan. Extensions of utility systems that do not have a completed master plan shall be reviewed for size and capacity by the City Engineer.

G. Maintenance Of Common Facilities: Maintenance of common facilities must be accomplished through either covenants and a homeowners' association, a separate maintenance agreement, or some other perpetual agreement.

H. Lot Layout: The layout of lots should provide desirable settings for structures by making use of natural contours, maintaining views, affording privacy and protection from wind, noise and vehicular traffic.

I. Utility Installation Design: Development design should provide for efficiency in the installation and provision of all public and private utilities and services.

J. Water, Sanitation Facilities: Common water and sanitation facilities should be located on separate lots commonly owned by the users. (Ord. 19-07, 9-3-2019)

10-18A-4: CONSTRUCTION ON SLOPES EXCEEDING TWENTY FIVE PERCENT:

Lots or buildings proposed on slopes exceeding twenty five percent (25%) warrant especially close review to assure that all grading, retaining wall, cut and fill and road and driveway grade standards will be met (also refer to sections 10-18A-7, 10-18A-8, 10-18A-11 and 10-18A-16 of this article). (Ord. 19-07, 9-3-2019)

10-18A-5: LANDSCAPING:

A. Preservation: The design of developments and placement of buildings should preserve the natural terrain, drainage, existing topsoil, tree groupings, large individual trees and large rocks.

B. Natural Landscape Design: Natural informal landscape design should be used in the City, rather than formal, geometric design.

C. Buffering: Different types of adjacent uses both within and between developments should be buffered (separated or screened), by extensive free planting.

D. Drought Resistant: Drought resistant plants and landscapes are encouraged. (Ord. 19-07, 9-3-2019)

10-18A-6: BUILDINGS:

A. Fire Standpipes: Standpipes complying with IBC shall be required for all commercial and multi-residential buildings, regardless of the number of stories.

B. Fire Hydrants: Fire hydrants shall be installed in accordance with City regulations.

C. Provisions For Handicapped: Provisions for physically handicapped persons shall be provided in all new buildings as required by the Americans With Disabilities Act (ADA).

D. Construction Debris Removal: Any building construction on sites shall provide debris removal sufficient to facilitate the regular clean up and removal of construction debris from the site. Each site shall be cleaned and all construction debris removed on a weekly basis. Failure to comply with this subsection, by allowing debris to accumulate on the premises, may result in the suspension of building permits, fines or such other appropriate penalties as the City Council shall direct. (Ord. 19-07, 9-3-2019)

10-18A-7: ROAD LAYOUT AND GEOMETRY:

The City Public Works Policy on Streets and Roads are made part of this article by reference. The design and arrangement and construction of all roads, public and private, shall be in conformance with the Road Standards, the provisions of this article and any City Design Guidelines as adopted.

A. Arrangement: The arrangement of roads shall provide for the continuation of major roads between adjacent properties when the continuation is necessary for the convenient movement of traffic, emergency or maintenance vehicles, or the efficient provision of utilities.

B. Continuation, Alignment: Proposed streets shall be continuous and in alignment with existing planned or platted streets with which they are to connect.

C. Emergency Access: Roads shall be designed to provide emergency access and egress for residents, occupants and emergency equipment providing width, curve radii and strength for emergency and maintenance vehicles used by or available to the City.

D. Traffic Study: Where the potential traffic impacts on the existing street systems are considered to be great, or in the case of unique circumstances concerning topography or neat layout, or at the request of the City, the subdivider may be required to prepare a detailed engineering traffic study of the road system.

E. Intersecting Streets: Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. "T" intersections rather than "cross" intersections shall be used wherever possible for local streets.

F. Terminus From Boundary: Where a road does not extend to the boundary of the development and its continuation is not required, its terminus should be no closer than fifty feet (50') from the boundary.

G. Reserve Strips: Strips of land reserved to control or restrict access to perimeter or stubbed roads shall be utilized only where the reserve strip is deeded to and accepted by the City.

H. Right Of Vehicular Access: Lawful right of vehicular access must be demonstrated before the City will issue a building permit.

I. Curbs, Gutters, Sidewalks: The installation of curbs, gutters and sidewalks shall be constructed according to the APWA standards and as designated in each zoning district, and are required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters and sidewalks are required as conditions of building or use permit approval.

J. Dead End Streets: Every permanent dead end street shall comply with the following requirements:

1. Not to exceed six hundred fifty feet (650') in total length.

2. End at a turnaround area having a radius no less than fifty feet (50') and an asphalt surface.

3. Temporary dead end streets, intended as access to future development parcels, shall be a minimum of one lot depth in length (or as determined by the Planning Commission) and shall meet all of the other requirements for permanent dead end streets set forth above.

4. Driveways, mailboxes, fire hydrants and all other obstructions at such turnaround areas shall be designed in such a way as to provide an area for piling snow.

(Ord. 19-07, 9-3-2019; amd. Ord. 23-09, 6-6-2023)

10-18A-8: ROAD GRADES:

A. Intersections, Switchbacks: Intersections and switchbacks shall not exceed an eight percent (8%) grade.

B. Roads, Streets: No public or private roadway or street shall exceed an eight percent (8%) grade, except that grades up to twelve percent (12%) for public or private roadways and streets may be allowed by the Planning Commission upon review and finding that all of the following conditions are met:

1. No more than ten (10) residential units are served by the over ten percent (10%) section, or the lots have separate, emergency access that does not exceed ten percent (10%).

2. For roadways of ten percent (10%) or greater grade, the applicant shall stake the centerline and both edges in the field for the inspection of the City Engineer to assure full compliance with this subsection.

3. Roadways and streets exceeding a twelve percent (12%) grade shall not be permitted. (Ord. 19-07, 9-3-2019)

10-18A-9: PRIVATE ROAD MAINTENANCE:

A means of perpetual maintenance must be demonstrated to the satisfaction of the Planning Commission before a private road may be approved. (Ord. 19-07, 9-3-2019)

10-18A-10: STREET NAMES:

A. Continuing Streets: Each street that is a continuation of, or an approximate continuation of, any existing dedicated street shall be given the name of such existing street. When any street forms a portion of a proposed street it shall be surveyed, opened, widened or improved and given the same name.

B. Newly Created Streets: The names of newly created streets shall not duplicate or nearly duplicate the names of any streets in the City or in adjacent areas of the County.

C. Compass Direction: Any named street shall also have the proper compass direction coordinate as approved by the Public Works Department and/or City Engineer.

D. Historical Names: Subdividers are encouraged to do an investigation of local history regarding the names and references to geological and historical figures located in the subdivision and, wherever possible, incorporate the historical names and references into the names and designations of streets. (Ord. 19-07, 9-3-2019)

10-18A-11: DRIVEWAYS:

A. Length, Grade: No driveway shall exceed one hundred fifty feet (150') in length and/or fifteen percent (15%) in grade.

B. Width: Driveways serving single-family dwellings shall be a minimum of twelve feet (12') wide. Driveways serving two (2) residential dwellings shall be a minimum of fifteen feet (15') wide. No driveway shall serve more than two (2) residences. (Ord. 19-07, 9-3-2019)

10-18A-12: CUTS, FILLS AND RETAINING WALLS:

A. Scope: Because of the dramatic visual impact of cuts, fills and retaining walls in a desert environment such as the City, and the public safety factors that may arise with significant cuts and fills in unsuitable soils, design plans for cuts, fills and retaining walls shall conform to the following criteria and other applicable sections of this article.

B. Grade: No cuts or fills will be allowed on slopes with grades exceeding forty percent (40%).

C. Cut Height: Unretained cuts that exceed a two to one (2:1) slope shall not exceed three feet (3') in height.

D. Fill Height: Unretained fills may not exceed twelve feet (12') in height pursuant to section 10-18A-13, "Measuring Cut And Fill Heights", of this article.

E. Retaining Walls: No single retaining wall or retaining system may exceed twelve feet (12') in height and/or forty feet (40') in length; retaining systems less than twelve feet (12') may exceed forty feet (40').

F. Terraced Cuts: Up to three (3) terraced cuts may be created under a terraced cuts retaining system, so long as each wall is separated by a minimum six foot (6') setback (measured from face to face) for visual relief and revegetation. The total maximum height for cuts retained under a terraced retaining system shall not exceed eighteen feet (18'). (Ord. 19-07, 9-3-2019)

10-18A-13: MEASURING CUT AND FILL HEIGHTS:

Cuts and/or fills shall be measured vertically from the natural grade at the lowest point of disturbance to natural grade at the highest point of disturbance. (Ord. 19-07, 9-3-2019)

10-18A-14: MAXIMUM SLOPE GRADES:

Unretained cut end fill slopes shall be no steeper than two feet (2') horizontal to one foot (1') vertical, except that cuts in bedrock materials, the stability of which is verified by a geologist and/or soils engineer with demonstrated expertise, may be steeper as approved by the City Engineer. (Ord. 19-07, 9-3-2019)

10-18A-15: RETAINING WALLS:

All retaining walls and/or approved retaining systems shall be constructed of decorative materials (i.e., textured surfaces, colored or tinted materials) and should be designed to blend into and enhance the natural desert environment and must be approved by the Building Department before excavation permits shall be granted. (Ord. 19-07, 9-3-2019)

10-18A-16: ENGINEERING GEOLOGIC ANALYSIS:

An engineering geological report shall be prepared by a registered geologist or engineer at the preliminary plan stage of the subdivision to demonstrate that the hillside above any proposed cut will remain stable after the proposed cut/fill and retaining system if any, has been completed. (Ord. 19-07, 9-3-2019)

10-18A-17: REVEGETATION:

A. Time Limit: All unretained cut and fill slopes must be naturalized and revegetated within one year after the start of construction.

B. Unretained Cuts, Fills; Plan Submitted: Unretained cuts and fills should be naturalized by rounding edges, placing boulders in natural fashion and planting native plants, including trees, brush and ground cover, to match surrounding areas. A landscape/revegetation plan shall be submitted to the Planning Commission for review with the cut/fill design plans.

C. Retaining Systems: All retaining systems shall incorporate planter spaces and shall require native revegetation. (Ord. 19-07, 9-3-2019)

10-18A-18: BUILDING SETBACKS FROM WATERWAYS AND FLOOD HAZARD AREAS:

A. No building, either residential or commercial, shall be permitted within six (6) vertical feet and one hundred twenty five (125) horizontal feet, whichever is greater, of the existing flow line of any river, creek, stream or other waterway, measured at right angles to the centerline of the drainage course, or within any discernable floodplain, except upon the granting of a conditional use permit for such development. The vertical calculation specified herein shall be applied to the elevation of the top of a building's foundation wall.

B. The applicant shall show the location of the 100-year floodplain as designated by the Federal Emergency Management Agency (FEMA). (Ord. 19-07, 9-3-2019)

10-18A-19: UTILITIES:

A. Construction: All utility connections and lines shall be installed underground. Before any installations are covered, material and service must be inspected and approved by the City building inspector. During the construction period, temporary power poles and lines shall be allowed within the boundaries of the construction project; however, such poles and lines must be taken down within thirty (30) days after the final certificate of occupancy for the project is granted.

B. Easements: All utilities shall be placed within public road rights-of-way or specific rights-of-way or easements, free of legal encumbrances. Multiple use on given easements is encouraged. The final plat shall note all easements. (Ord. 19-07, 9-3-2019)

10-18A-20: COMPLETION OF ON AND OFF SITE IMPROVEMENTS PRIOR TO THE APPROVAL OF PLATS OR ISSUANCE OF CERTIFICATES OF OCCUPANCY:

A. Policy: In order to protect buyers of condominiums, subdivision projects and other property in the City against purchasing property on which the site improvement work is incomplete and may not be completed, and to protect the public at large from dangerous and undesirable conditions that result from unfinished site improvements, such as erosion, flooding and blowing dust, it is the policy of the City that no plat will be approved (when a plat is required) and that no certificate of occupancy will be issued (when plats are not required) on any building project within the City limits unless and until the site improvement work is completed or the developer of the property has provided adequate security to assure timely completion of the improvements when weather permits.

B. Detailed Site Plans: A detailed site plan showing the location and nature of drainage work, grade changes, retaining walls and landscaping, together with any trails, paths or walkways, shall be submitted to the building inspector prior to issuance of an occupancy permit. Site improvements shall be completed pursuant to this article and as shown in the detailed site plan.

C. Construction According To Approved Plans: No plat will be approved and no certificate of occupancy will be issued unless that project and all required site improvements have been constructed in accordance with the plans approved by the building inspector and on which the building permit is issued, except as specified in section 10-18A-21, "Security For Completion", of this article. (Ord. 19-07, 9-3-2019)

10-18A-21: SECURITY FOR COMPLETION:

In the event that buildings on the property are completed before other required on site improvements are completed, and the site improvements cannot be completed simultaneously with the completion of the building due to weather or other conditions beyond the control of the developer (excluding financial inability to perform) or as it relates to subdivisions, in order to record a final plat prior to completion of off site improvements, the City may grant final plat approval or issue the certificate of occupancy for all or part of the project prior to the completion of site improvements; provided, that all of the following conditions are met:

A. Building Compliance, Safety, Access: The building or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, and are in full compliance with applicable Building and Fire Codes, and are completed to the extent that only exterior site improvement work remains unfinished and the building inspector determines that occupancy of the buildings, or portions thereof, prior to completion of required on and off site improvements, is safe, and that access for emergency vehicles is adequate with the site improvements unfinished.

B. Subdivisions: In regard to subdivisions, the building inspector approves all final construction plans, a development agreement has been approved by the City Attorney and executed by the owner/developer and the developer posts adequate security for the benefit of the City and the public to ensure completion of the site improvements in full compliance with the approved plans within two (2) years from the date of plat approval (if required) or one year from the date of issuance of the certificate of occupancy, whichever occurs first. (Ord. 19-07, 9-3-2019)

10-18A-22: AMOUNT OF SECURITY:

The amount of the security to be posted by the developer is be determined by the City Council and shall be equal to one hundred percent (100%) of the amount reasonably estimated by the City Engineer as being necessary to complete remaining on and off site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the City Engineer, the developer may prove lower construction cost by providing binding contracts between the developer and the contractor or subcontractor appropriate to perform the required work at a stated, fixed price. A full performance bond, insuring performance by the subcontractor or contractor, must support these contracts. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be one hundred percent (100%) of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identity the work called for under the contract. The amount of security required for single-family homes shall be the reasonable estimated cost of construction of any retainage and drainage, and the estimated cost of landscaping to the extent necessary to hold soil in place. (Ord. 19-07, 9-3-2019)

10-18A-23: TERM OF SECURITY/PROOF OF LICENSING:

All public improvements required under this article shall be installed by a contractor or subcontractors licensed by the State. Such license is for the work to be performed, and the contractor and subcontractors must provide copies of their licenses. (Ord. 19-07, 9-3-2019)

10-18A-24: FORM OF SECURITY:

Such security arrangement shall be one of the following types as dictated by the City:

A. Bond: A bond with a surety company licensed to do business in the State.

B. Letter Of Credit: An irrevocable letter of credit with a Federally insured financial institution.

C. Cashier's Check: A cashier's check made payable only to the City.

D. Trust, Escrow: A trust or escrow account with a Federally insured financial institution designating the City as beneficiary. (Ord. 19-07, 9-3-2019)

10-18A-25: PAYMENT OF INTEREST:

Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the City. The City shall not be required to pay interest to the developer on any escrow for this purpose. (Ord. 19-07, 9-3-2019)

10-18A-26: RELEASE OF FUNDS:

The City shall relinquish funds held or security posted for the purpose of paying for site improvement work performed according to the plans as that work is completed. The City shall release funds equal to the actual cost of performing the work as the work progresses, minus ten percent (10%). Upon satisfactory completion of all required site improvement work, as determined by the City Engineer, all funds shall be immediately released to the developer. (Ord. 19-07, 9-3-2019)

10-18A-27: MODIFICATION OF PLANS:

A developer may request modifications to plans covering site improvement work by submitting revised plans to the City for review and action, and final action. If the modification of the plans increases the cost of required site improvements, the developer, to cover the increased costs, must provide additional security. (Ord. 19-07, 9-3-2019)

10-18A-28: PHASED PROJECTS:

Site improvements applicable to each phase of a phased project or development shall be completed or security for completion provided as each phase is constructed and either plated or occupied. Site improvements or other phases of the project shall be completed or security offered as those phases are completed. (Ord. 19-07, 9-3-2019)