This chapter shall be interpreted using the definitions provided in the Garfield County Zoning Ordinance, except for, in addition to, or as modified by the following:

      (1)   A public drinking water system;

      (2)   A public wastewater disposal system;

      (3)   Electricity; or

      (4)   Road improvements in certain cases.

(Ord. 2022-3, passed 3-14-2022)

   This chapter shall apply to any dry subdivision located within the unincorporated areas of Garfield County, Utah. Additionally, §§ 152.03 and 152.04 of this chapter shall apply to any portion of a developed or semi-developed subdivision without certain infrastructure improvements, unofficial subdivisions divided by metes and bounds and any tract of land with a total land area of less than one acre within the unincorporated areas of Garfield County, Utah.

(Ord. 2022-3, passed 3-14-2022)

   (A)   Unless specifically agreed upon and accepted by the county, it shall be the responsibility of the subdivision developer to make the initial road improvements in a subdivision. The roads and streets shall be developed in accordance with county’s standards. If improved and maintained by the developer for a period of one year, the county may accept the maintenance responsibilities thereafter and the developer may dedicate said rights of way to the county.

   (B)   In the event that road improvements were not made by the developer, it shall be the responsibility of the land owners to make the initial road improvements, unless specifically agreed upon and accepted by the county. Before making any improvements in a county right-of-way, land owners shall obtain an approved right-of-way encroachment permit from the County Public Works Director. If improved and maintained by the land owners for a period of one year, the county may accept the maintenance responsibilities thereafter.

(Ord. 2022-3, passed 3-14-2022)

   (A)   In order to develop lot(s) within a dry subdivision as described in § 152.02 of this chapter, the owner(s) of said property shall:

      (1)   Own a lot or tract of land consisting of at least one acre of land area per Local Health Department regulations for onsite potable water (well) and wastewater (septic) systems.

         (a)   If the individual lot or land area is less than one acre, the owner(s) shall:

            1.   Own or purchase multiple contiguous lots that add up to a land area of at least one acre; and

            2.   Join the contiguous lots via the subdivision amendment process consistent with State law and Garfield 1County Code.

         (b)   The Local Health Department and Garfield County may grant variances or allow exceptions when multiple lots are serviced by a shared well.

      (2)   Own or purchase sufficient water rights approved by the State of Utah and the Local Health Department for the applicable aquifer in which the property is located.

      (3)   Meet the requirements of the County Building Official, State of Utah and the Local Health Department for potable water and either:

         (a)   Drill a private well or

         (b)   Connect to a nearby existing well and provide written approval to the county for said connection.

      (4)   Meet the requirements of the County Building Official, State of Utah and the Local Health Department for a wastewater disposal system.

   (B)   Once divisions (A)(1) through (A)(4) above of this section have been completed and prove to be compliant with the requirements of this chapter, the property owner may apply for building permits and associated land use applications, if applicable. Developing a lot within a dry subdivision contrary to divisions (A)(1) through (A)(4) above of this section shall be null and void.

(Ord. 2022-3, passed 3-14-2022)

   State law and Garfield County Code shall govern the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of any approved nonconforming use and any approved noncomplying structure related to such use.

(Ord. 2022-3, passed 3-14-2022)

   Appeals from land use decisions made under this chapter shall be governed by the Garfield County Code and State law.

(Ord. 2022-3, passed 3-14-2022)

   (A)   Permits. From the effective date of this chapter, the Zoning Administrator, Building Official, or any other officer or department of the county may not grant any license or permit for the use of any land or the construction or alteration of any building or structure on a tract of land which would be in violation of the provisions of this chapter until any required approvals have been granted by the County Commission in accordance with this chapter.

(Ord. 2022-3, passed 3-14-2022)

   Any person who is found guilty of violating any part of this chapter shall be guilty of a Class C misdemeanor, which shall be punishable by a fine of up to $750, imprisonment for up to 90 days or any combination thereof. Each day such violation is committed or permitted to continue shall constitute a separate violation. Nothing in this section is intended nor shall be construed as limiting the methods of enforcement available to Garfield County under the Garfield County Code or State law.

(Ord. 2022-3, passed 3-14-2022)