Henrieville City Zoning Code

SUBDIVISIONS

§ 155.360 GENERAL PROVISIONS.

(A) Scope.

(1) After the date of adoption of this chapter, no person shall subdivide any parcel of land in the unincorporated area of Garfield County into two or more lots, nor shall any person 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, except in compliance with this chapter.

(2) All subdivisions and lots approved prior to this date shall continue as authorized under the ordinances in effect at the time of their approval. If any changes are made in those previously approved subdivisions by plat amendment processes outlined herein, the proposed changes shall come under the authority of this chapter.

(B) Waiver to the ordinance. Where unusual topographic or other exceptional conditions exist, the Appeal Authority may amend the requirements of this section after receiving the recommendation of the Garfield County Planning Commission, provided that such amendments will not substantially impair the intent of this chapter or other county ordinances related to the development of land.

(C) Appeals. Pursuant to Utah Law, no person shall challenge in District Court, the county’s land use decisions made consistent with Utah Law and this chapter, until said person has exhausted all administrative remedies as provided herein and by UCA § 17-27a-7.

(Ord. 2021-10, passed 9-27-2021)

§ 155.361 EXEMPTIONS FROM THE PLAT REQUIREMENT.

This section applies to the subdivision of lands within the unincorporated areas of Garfield County, that are not required to complete a formal preliminary or final plat process, but follow a simplified process as outlined herein.

(A) Minor-lot subdivisions. A lot or parcel resulting from a division of unincorporated land is exempt from the subdivision plat requirements of this section, if:

(1) The sketch plan or record of survey has been reviewed by the Zoning Administrator, Building Official and/or Recorder and they have given recommendation to the County Planning Commission that the proposed development qualifies as a minor-lot subdivision as set forth herein.

(2) The property is being subdivided into five or less building lots that all front a dedicated and accepted county right-of-way.

(3) Each new lot created meets, or will meet with an appropriate zone change in conjunction with the proposed subdivision, the requirements of this chapter.

(4) The developer has, at a minimum, furnished evidence of sufficient water rights and a conceptual plan for wastewater, power and other applicable utilities for the proposed development. The developer may provide other applicable landscaping infrastructure or utility plans.

(5) If the proposed development will include municipal utility connections, a letter of approval from said municipality listing the approved utilities shall be required.

(6) A lot created from a previously approved minor-lot subdivision shall not be further subdivided via minor-lot subdivision within three years of the filing and recording date of the minor-lot subdivision where the applicable lot was originally created.

(7) The Planning Commission has reviewed the development plan and record of survey in a public meeting and has given its recommendation to the County Commission for final approval in a public meeting.

(8) Before any minor-lot subdivision request is considered by the Planning Commission, the developer shall furnish evidence to the Zoning Administrator of recordable deeds for each proposed lot in the subdivision. The minor-lot subdivision shall not be presented to the Planning Commission County Commission for final approval until evidence of recordable deeds have been provided.

(9) Upon final approval from the County Commission, the developer shall file the record of survey with the County Surveyor’s Office and record the deeds with the County Recorder’s Office.

(10) Submitting a minor-lot subdivision record of survey otherwise shall be null and void.

(B) Agricultural land exemptions.

(1) A lot or parcel resulting from a division of agricultural land is exempt from the subdivision plat requirements of this section, if the lot(s):

(a) Qualifies as land in agricultural use under UCA § 59-2-5 Farmland Assessment Act;

(b) Is not used and will not be used for nonagricultural purposes; and

(2) The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a record of survey map that has received the approval of the Sketch Plan Review Committee, Planning Commission and County Commission. If the agricultural land exemption lots are created via aliquot parts or metes and bounds subdivision, the record of survey shall not be required as long as appropriate deeds are prepared to meet the requirements of the County Recorder’s Office.

(3) If a lot or parcel exempted as agricultural land is used for nonagricultural purposes as defined by the Farmland Assessment Act, the county shall require the lot to comply with the related plat requirements of this chapter.

(4) Upon final approval from the County Commission, the developer shall file the record of survey with the County Surveyor’s Office and record the deeds with the County Recorder’s Office.

(1) A person may not submit a document that subdivides property by metes and bounds unless it contains written approval from the Planning Commission required by this section. Recording a document otherwise shall be null and void.

(2) The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a record of survey that has received the approval of the Sketch Plan Review Committee, Planning Commission and County Commission.

(D) Agricultural minor subdivisions. An agricultural minor subdivision may be submitted to the County Recorder for recording without going through the full subdivision plat application process if the following requirements have been met:

(1) The petitioner is applying for a division of at least 100 contiguous acres of agricultural land to create one new lot that, after the division, is separate from the remainder of the original 100 or more contiguous acres of agricultural land.

(2) An owner may make an agricultural minor subdivision by submitting for recording in the County Recorder’s Office:

(a) A recordable deed containing the legal description of the agricultural minor subdivision lot; and

(b) A notice:

1. Indicating that the owner of the land to be divided is making an agricultural minor subdivision;

2. Referring specifically to UCA § 17-27a-605(4) as the authority for making the agricultural minor subdivision; and

3. Containing the legal description of:

a. The land to be divided; and

b. The agricultural minor subdivision lot.

1. May not be less than one acre in size;

2. May not be within 1,000 feet of another minor subdivision lot; and

3. Shall meet the requirements of the Garfield County Zoning Ordinance.

(E) Property boundary adjustments and boundary line agreements.

(1) To make a property boundary adjustment (i.e., parcel or lot line adjustment), a property owner shall meet the requirements of UCA § 17-27a-522.

(2) To execute a boundary line agreement, a property owner shall meet the requirements of UCA § 17-27a-523.

(F) Subdivision amendments. The public hearing requirement of UCA § 17-27a-608(1)(d) does not apply and the Garfield County Commission may consider at a public meeting an owner’s petition for a subdivision amendment if the petition seeks to:

(1) Join two or more of the petitioning 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 this chapter 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 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:

(a) Owned by the petitioner; or

(b) Designated as a common area.

(G) Public right of way subdivisions. A parcel of land divided by a public (county or state) right-of-way is exempt from the subdivision plat requirements of this chapter and the owner of real property may legally subdivide the property, only as it is currently portrayed, by recording deeds at the Office of the County Recorder. Prior to recording the deeds, the exemption shall be confirmed and approved by the Sketch Plan Review Committee.

(Ord. 2021-10, passed 9-27-2021; Ord. 2022-7, passed 4-25-2022)

Statutory reference:

For state law provisions, see UCA § 17-27a-605

§ 155.362 SKETCH PLAN PROCEDURES.

(A) Sketch plan review meeting.

(1) Upon receipt of application, the Zoning Administrator shall schedule a sketch plan review meeting with the subdivider, Building Official, Public Works Director, Recorder and other related individuals as deemed necessary, to review the proposed plans and make recommendations to the subdivider for the preparation of the formal preliminary plat for submission to the Planning Commission.

(2) At this meeting, it shall be determined if the proposed development qualifies as an exception to the formal subdivision requirement of this chapter as provided herein.

(3) The conceptual sketch plan shall have no official standing or approval. It may be amended or modified from time to time by the subdivider as deemed appropriate prior to submission and approval of the Planning Commission.

(B) Sketch plan requirements. The sketch plan shall include the following:

(1) The general location of the proposed subdivision, number, size and layout of lots and public or private access. It should also show natural or man-made features on the site and describe the historical use of the property, if significant.

(2) The subdivider shall prepare the formal preliminary plat according to the recommendations from the sketch plan review meeting and present the applicable application to the Zoning Administrator along with the required documentation and fees.

(1) The sketch plan shall not constitute an application for subdivision approval, as provided and required by this chapter, and is in no way binding on the county or the applicant. Any discussion that occurs at the sketch plan review meeting shall not be considered any indication of subdivision approval or disapproval, either actual or implied.

(2) Formal application for subdivision approval shall only be considered filed with the county upon payment of the required fees and the submission of all required documentation and materials as required for a preliminary subdivision plat as contained herein, and after a determination of subdivision application completeness by the Planning Commission.

(3) Those developments that are determined exceptions to the formal plat process shall be recommended to the Planning Commission as such for formal review and approval as outlined herein.

(D) Determination of greenbelt eligibility.

(1) A private parcel of land shall be determined eligible for the greenbelt tax exemption if all of the following conditions are met. The qualifying parcel or lot shall:

(a) Consist of at least five acres of bona fide farmland and at least one acre of land set aside for the greenbelt homesite for a minimum lot or parcel area of six acres; and

(b) Meet the qualifications for agricultural use assessment as set forth in UCA § 59-2-503.

(2) (a) A private parcel or lot of land shall be determined ineligible for the greenbelt tax exemption if any of the following conditions are met. The parcel or lot:

1. Has been divided into lots smaller than six acres; or

2. Is changed from bona fide Agricultural to any other use including, but not limited to residential subdivisions; commercial developments; industrial uses, with the exception of CAFO’s; etc.

(b) When a qualified parcel of land is determined ineligible for the greenbelt tax exemption, due to the result of a new land use application, or any other reason, the owner of said land shall be required to pay the five-year rollback tax at the Office of the County Treasurer and furnish evidence of payment to the Zoning Administrator before the land use application is to be considered by the Planning Commission or County Commission.

(Ord. 2021-10, passed 9-27-2021)

§ 155.363 PRELIMINARY PLAT.

(A) Submission requirements.

(1) Copies of all required materials for a preliminary plat shall be officially submitted to the Planning Department and all fees paid prior to the date of the Planning Commission meeting at which the preliminary subdivision plat is to be reviewed in a public meeting.

(2) If the proposed subdivision lies within one-one half mile of a municipality or lies within a municipality’s annexation growth area, the preliminary plat shall be delivered to the related city or town for their review and receive written approval by the municipality prior to approval of the preliminary plat by the County Planning Commission.

(B) Plat requirements.

(1) At a minimum, an electronic copy of the plat shall be emailed to the county at least 14 days before the scheduled Planning Commission meeting. Additional copies, larger prints or additional maps relating to the subdivision application may be provided as well.

(2) The plat shall meet the requirements of UCA § 17-27a-6 and UCA § 17-23-17.

(3) The plat shall also meet the requirements of the Sketch Plan Review Committee.

(C) Application requirements. In addition to the applicable plat, the county shall also require the following information:

(1) Potable drinking water and/or wastewater system information and approval from the applicable Health Department;

(2) Municipal, Home Owner's Association, Special Service District, Local Improvement District or any other local entity approvals, if applicable;

(3) Utility provider approval, if applicable;

(4) Total number of off-street parking spaces, including those associated with a single-family residential development;

(5) Estimated construction cost and proposed method of financing of the streets and related facilities; water distribution system; sewage collection system; storm drainage facilities; and such other utilities as may be necessary;

(6) Total development area, and number of proposed dwelling units and other buildings and their proposed use; or

(7) Any other data or approval documentation applicable to the proposed subdivision application as deemed necessary by the county.

(D) Review procedures. When a preliminary plat has been officially submitted to, received and approved by the Planning Department, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting within forty-five days for review. When reviewing for completeness, the Planning Department shall ensure approval has been granted from the Sketch Plan Review Committee, all required documentation has been provided and all required application fees have been paid prior to being placed on the Planning Commission agenda.

(E) Planning Commission approval.

(1) The Planning Commission shall:

(a) Provide notice as required by UCA § 17-27a-2;

(b) Hold a public meeting to consider the proposed subdivision application;

(c) If applicable, consider each written objection filed in accordance with UCA § 17-27a-205(4) prior to the public meeting;

(d) Approve recommendations for only those preliminary plats which it finds have been developed in accordance with the standards and criteria specified in this chapter and all other ordinances of the county including, but not limited to, major road plans, the Garfield County General Plan, building codes and other applicable rules and regulations; and

(e) Consider the application and all materials submitted, as well as any input or comments received.

(2) The Planning Commission may:

(a) Recommend onsite and offsite improvements, facilities and amenities if they are determined necessary and accompanied by a finding of the Planning Commission that such onsite and offsite improvements, facilities and amenities are required to protect the public health, safety and welfare of the residents of the subdivision, or the residents of the county; and

(b) Recommend approval of the preliminary subdivision application as presented, recommend approval with revisions and/or conditions or recommend denial of the preliminary subdivision application.

(3) The determination of the Planning Commission shall be accomplished by findings of fact. The recommendations of the Planning Commission shall be made in writing to the County Commission.

(F) County Commission approval.

(1) The County Commission shall:

(a) Consider each subdivision application that the Planning Commission recommends; and

(b) Provide notice as required by UCA § 17-27a-502(2) and hold a public meeting.

(2) The County Commission may:

(a) Approve the preliminary subdivision application as recommended by the Planning Commission;

(b) Approve the preliminary subdivision application with revisions, and/or conditions;

(d) Consider the Planning Commission’s failure to make a timely recommendation as a negative recommendation; or

(e) Require onsite and offsite improvements, facilities and amenities if they are determined necessary to protect the health, safety and general welfare of the residents of the county, and are found consistent with the intent of this and other related ordinances.

(3) Approval of the preliminary subdivision application by the County Commission shall:

(a) Not constitute final approval of the subdivision by the County, but allows the applicant to proceed with the preparation of the final subdivision plat and all required documents;

(b) Not authorize the development of land or the issuance of any building permit for the subdivision site or any proposed lots; and

(c) Be effective for a period of one year from the date the preliminary subdivision application is approved by the County Commission. If a final subdivision application is not submitted for approval within the one-year period, the preliminary subdivision approval shall be void, and the applicant shall be required to submit a new preliminary subdivision application for review and approval, subject to the related county and state rules and regulations in effect at that time.

(Ord. 2021-10, passed 9-27-2021)

§ 155.364 FINAL PLAT.

(A) Final plat required. After compliance with preliminary plat requirements, and after the plat has been approved by the County Commission in a public meeting, a final plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not in the employ of the county in conformance with the design standards and submitted within one year from the date of the preliminary plat approval, unless the time is extended by the county in writing. Otherwise, preliminary approval shall be deemed to have been withdrawn.

(B) Application requirements. The following information is required for a complete final subdivision application:

(1) Approval from the Southwest Utah Public Health Department for the subdivision feasibility study;

(2) Approval from utility providers, if applicable (i.e., municipality, water company, special service or local improvement district, etc.);

(3) Payment of all applicable fees resulting from the application (i.e., subdivision, zone change, etc.);

(4) One 24" x 36" final subdivision plat on Mylar drawn by a licensed surveyor in the State of Utah:

(a) The plat shall meet the requirements of UCA § 17-27a-6 and UCA § 17-23-17; and

(b) The plat shall also meet the requirements of the Garfield County Recorder, Planning Department, Public Works Department and Building Official.

(5) Proof of ownership via vesting deed;

(6) Copy of master tax roll record to prove no back taxes are owed;

(7) Wastewater disposal method with engineered plans;

(8) Culinary water system method with engineered plans;

(9) A detailed infrastructure plan for proposed roads, culinary water lines, wastewater systems, power lines and other proposed utilities or services; and

(10) Attached zone change application, if applicable.

(1) The final platting of subdivisions may be done in phases. Each phase shall consist of a number of lots which can be completely developed with off-site improvements within a period designated by the Planning Commission.

(2) The intent is that improvements be completed within a reasonable period of time designated by the Planning Commission. If little to no work has been done within said time period, and there are no immediate plans for substantial work to be completed, the Planning Commission shall rule the plat null and void by reason of inactivity.

(3) When the off-site improvements have been completed and approved by the county, the subdivider may submit the next phase of the proposed development in accordance with the provisions of this chapter.

(4) A final plat shall be accepted only upon the submission of qualified evidence indicating that the subdivider has the financial ability to complete the proposed public improvements for all lots within the phase to be submitted.

(D) Recording.

(1) The subdivision plat shall be filed at the office of the County Surveyor and applicable deeds shall be recorded at the office of the County Recorder within one year of approval by the County Commission in a public meeting.

(2) If the approved final subdivision plat is not recorded within 60 days of the date of approval by the County Commission, the final subdivision approval shall be void, and the applicant shall be required to submit a new preliminary subdivision application for review and approval subject to the then existing provisions of this chapter and all other applicable federal, state and local requirements.

(E) Site preparation and building permits prohibited. No excavation, grading or other improvement shall take place on any land and no building permits shall be issued within the proposed subdivision until:

(1) The final subdivision application has been approved by the County Commission in a public meeting;

(2) The subdivision plat has filed at the office of the County Surveyor;

(3) Applicable deeds have been recorded at the office of the County Recorder; and

(4) All applicable fees have been paid.

(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999

§ 155.365 DEDICATION, ACCEPTANCE AND MAINTENANCE RESPONSIBILITY.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) ACCEPTANCE. Actions of the county to take ownership of rights-of-way dedicated to public use as shown on the subdivision plot or other recordable downward.

(2) DEDICATION. Action of the developer to transfer ownership and control of rights-of-way shown on the subdivision plot or other recordable elements from private to public ownership.

(3) MAINTENANCE RESPONSIBILITY. The obligation and responsibility of keeping road, street, or improvement in a condition that provides responsible use.

(B) Dedication and acceptance.

(1) The subdivider shall identify public roads, streets, and improvements that are to be transferred to public ownership on the subdivision plat or other recordable document. Dedication shall not occur until widths, alignments, location and design features of the proposed rights-of-way are approved by the county.

(2) After approval by the county, the final subdivision plat or recordable document defining roads, streets and public improvement that are dedicated to the public may be accepted by the county, at the county’s discretion. A legal description of accepted improvements will be filed in the office of the County Recorder and the county shall take ownership as of the date of recording.

(3) The subdivider shall bring public streets, easements and other public improvements to county standards and maintain them in that condition for a period of one year before maintenance as public facility may be requested. Only after inspection shall the County Commission consider the facilities for public maintenance; however, the developer will be required to maintain said improvements until such time as the county decides to accept maintenance responsibility for streets and other improvements dedicated to the county.

(4) At the time the county decides to accept maintenance responsibility it will do so only when it finds that the subdivider has constructed, installed, and maintained the required public improvements to the minimum standards and requirements of the county at the time the project was approved for completion.

(5) County services will not be provided to the subject area until maintenance responsibility for the public improvements is accepted, and the roads are formally dedicated.

(6) In the event the County Commission does not accept maintenance responsibility of the dedicated public improvements, the subdivider shall be so advised in writing by the County Attorney stating the reason for the non-acceptance and necessary corrective actions. If the needed corrections are not made within a reasonable time, as so stated in the notice, the county may have the improvements completed and paid for out of the security deposits for the subdivision.

(Ord. 2021-10, passed 9-27-2021)

§ 155.366 DESIGN STANDARDS.

(A) Natural conditions protected. All subdivisions shall comply with the following standards.

(1) The design and development of subdivisions shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil and trees.

(2) Land subject to hazardous conditions such as slides, mud flows, rock falls, snow avalanches, possible mine subsidence, shallow water table, open quarries, floods and polluted or non-potable water supply shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans.

(B) Lots. All lots approved for building shall comply with the following.

(1) All lots shall conform in dimension and acreage requirements of the zone in which they are located.

(2) Lots shall meet the minimum requirements of this chapter and the Local Health Department for wastewater disposal.

(3) All lots shall abut a dedicated street, a public street, a street which has become public by right of use or a private street maintained by a maintenance agreement.

(4) The travel surface for streets shall be at least twenty-four feet wide. In the event a lot abuts a public right-of-way created by use, the subdividers shall improve the right-of-way to the standards required by this chapter.

(5) Corner lots shall have extra width sufficient for maintenance of required building lines and setbacks on both streets.

(6) All remnants of lots less than minimum size left over after subdividing a larger tract shall be added to adjacent lots rather than allowed to remain lot remnants.

(7) No single lot shall be divided by a municipal or county boundary line.

(8) A lot shall not be divided by a road, alley or other lot.

(9) No wedge-shaped lot shall be less than 30 feet in width at the front property line.

(C) Street standards. All county streets and roads shall be designed and built to the AASHTO standards. The designing engineer shall certify in writing that this is the case when the preliminary plats are submitted for approval.

(1) Stub streets with approved turn-arounds shall be provided where needed to connect to adjacent undeveloped land, and new streets shall be provided where needed to connect to existing stub streets in adjacent subdivisions. Not more than three lots shall front stub streets, except where a temporary cul-de-sac turnaround is provided.

(2) Intersections of minor streets with major streets shall be kept to the minimum possible.

(3) Streets shall have the following minimum right-of-way widths:

(a) Major Collector: 100 feet

(b) Minor Collector: 66 feet

(d) Major Street: 66 feet

(e) Minor Streets and Frontage Roads: 66 feet

(f) Private Street or Road: Private streets or road rights-of-way are not under the authority of the county and shall not be restricted in any manner except that the county may require a minimum 66 feet road right-of-way for future public needs if it is apparent that more lots may developed in the future that will require a public road to service these lots.

(4) Maintenance of private streets is the responsibility of the land owner(s). If the street is to ever become a public street, it shall be brought up to county road standards prior to the county accepting maintenance responsibility.

(5) If the private property owners that the road serves request that the road become a public road, they shall pay the cost of doing so. If the county or some other public entity requests that the road become a public road, the costs of bringing the road to county standards may be negotiated.

(6) The county shall not take a private road right-of-way against a private property owner’s will for public use without due process and fair compensation.

(7) All county roadway travel surface widths shall be consistent with AASHTO Standards for the use and speed to be traveled on said roads as determined by the designing engineer and approved by the County Public Works Director.

(8) Minimum ten-foot shoulders shall be provided where there are no curbs installed.

(9) No half-streets are permitted, except if required to complete a half-street already existing and approved by the Planning Commission and the County Commission.

(10) Dead-end streets and or street stubs shall have approved temporary turn-arounds and/or shall be built to accommodate future access to adjoining properties.

(11) Approved permanent cul-de-sac streets shall serve no more than six lots and extend not more than 500 feet with the cul-de-sac having a minimum radius of 50 feet or more, and the outside curb or pavement edge radius as required by fire code.

(12) No more than four streets shall enter an intersection.

(13) Streets shall intersect at 90 degrees.

(14) Two streets meeting a street from opposite sides shall meet at the same point, or their center lines shall be offset at least 200 feet.

(15) Streets shall have the names of existing streets which are in alignment or which connect directly to the end of a street. There shall be no duplication of street names within the area. All street names shall be approved by the County Planning Commission. Permanent signs shall be installed by the developer at his or her expense at the time of installation of other off-site public improvements.

(16) Curvature and alignment.

(a) All horizontal curves shall comply with AASHTO Standards for desired speeds.

(b) All vertical curves shall comply with AASHTO Standards for desired speeds.

(17) Roadbed construction. Minimum roadbed grading and paving for County streets and roads shall be according to AASHTO Standards.

(18) Road grades. All roads and street grades shall be designed in compliance with AASHTO Standards and approved by the County Public Works Director.

(19) Block standards. Block lengths shall be reasonable as approved by the County Public Works Director, and in total design shall provide for safe, convenient access and circulation for the general public and emergency vehicles as per fire code.

(D) Easement standards.

(1) Easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of fifteen feet apportioned equally in abutting properties except where the gradient or terrain may require additional space for working or maintenance of the easement.

(2) Where front-line easements are required, a minimum of 15 feet shall be allocated as a utility easement. Perimeter easements shall not be less than 15 feet in width, extending throughout the peripheral area of the development, if required by the Planning Commission.

(3) All easements shall be designed so as to provide efficient installation of utilities, design features or street planning.

(4) The Planning Commission may require the exterior perimeter of any subdivision to be fenced if the need is apparent to protect the health, safety, and welfare of the residents or others.

(5) Unless the Planning Commission and County Commission determine, upon application by a subdivider, supported by recommendation of the County Public Works Director, that it is not feasible to do so, all power lines, telephone lines, and other utility lines shall be placed underground by the subdivider.

(E) Alleys. The County Planning Commission may approve service access to the interior of blocks in certain instances, in which case alleys shall be indicated on the plan and plat.

(F) Culinary water system standards.

(1) Culinary water systems shall meet the requirements of the Southwest Utah Public Health Department and the State of Utah.

(2) Prior to final subdivision approval, the proposed culinary water system plans and specifications (improvement drawings), including water quantity and quality, shall be approved by the Local Health Department or the DEQ, as applicable.

(3) Hauling water to a proposed subdivision to meet the water and fire protection requirements of this chapter is prohibited and shall not be accepted by the county as a method of providing any subdivision with water and fire protection services.

(4) Culinary water supply.

(a) The subdivider shall provide a piped, public or private culinary water supply to the property line of every lot in any subdivision.

(b) Said system shall be designed and built to safe drinking water standards as evidenced by written approval from the State of Utah.

(c) The culinary water system and plans shall also be approved by the Local Health Department, DEQ, Fire Marshall and County Building Official before approval is issued.

(G) Wastewater system standards.

(1) The Local Health Department and/or DEQ shall review and approve the proposed wastewater treatment method and submit its approval in writing with the application for preliminary plat approval. It shall be the responsibility of the applicant to provide information and materials as required by the Local Health Department or DEQ, as applicable, necessary to evaluate the proposed sewage treatment method.

(2) Connection to an existing public sewer system, with adequate sewer treatment capacity, is required for all subdivisions and individual lots, if public sewer lines are within 300 feet of the borders of the subdivision or any lot to be developed within the un-incorporated lands of the county or as dictated by state law.

(3) If connection to an existing public sewer system is not authorized, the applicant shall present an alternative, that has been approved by the Local Health Department or DEQ in writing, to the Planning Commission with the preliminary application.

(4) Based upon the recommendations of the Building Official, Zoning Administrator and local health department or DEQ, the Planning Commission may recommend, and the County Commission may require, the installation of a private central wastewater system, and/or the provision of sewer lines (dry sewer), necessary to facilitate the connection of the proposed subdivision to a central sewer system at a later date.

(5) In all cases where a proposed subdivision is not to be connected to an approved public sewer system, approval for the proposed sewage treatment method shall be obtained from the Local Health Department or the DEQ, as applicable.

(6) For all proposed subdivisions, or subdivision phases, where onsite wastewater disposal systems are proposed, the preliminary subdivision application shall include written approval from the Health Department for each lot proposed.

(7) Larger lots than those provided by the Zoning District in which the proposed subdivision is located, may be required by the county to assure that each lot will provide adequate onsite sewer treatment. The location of the approved absorption site shall be shown and identified clearly on the preliminary subdivision plat.

(8) Septic tanks and/or sealed vaults or other alternative treatment methods may be approved only when an existing public sanitary sewer system is more than 300 feet from the nearest boundary of the lot or the nearest boundary of a proposed subdivision. Written approval from the Local Health Department or DEQ shall be required for all forms of wastewater disposal.

(9) When individual on-site wastewater systems are proposed, the lot owner shall install such facilities at the time the principal building is constructed, and no building permit shall be issued until such installation is assured and approved by the Building Official.

(10) In all other cases, wastewater disposal facilities shall be provided for every lot or parcel that is to be used for residential or commercial building.

(H) Flood plain standards.

(1) All subdivisions and buildings within a flood plain shall be the responsibility of the subdivider and not the county.

(2) No subdivision in the county shall be allowed in a flood plain unless each lot is situated where there is sufficient area for the location of a dwelling entirely outside the flood plain, and where all setback requirements of the zone in which the subdivision is located, can be met.

(3) Flood plains shall be determined according to the latest FEMA flood maps.

(I) Storm drainage standards.

(1) Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licensed in the state of Utah and qualified to perform such work, and shall be shown graphically. All existing drainage features which are to be incorporated in the design shall be identified. If the final plat is to be presented in phases, a general drainage plan for the entire area shall be presented with the first phase, and appropriate development stages for the drainage system for each phase indicated.

(2) The drainage system shall be designed by a registered engineer who shall certify that it has been done according to professional drainage standards. The subdivider shall be responsible for the results and performance of the drainage system.

(3) The drainage system shall be designed by the subdivider to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also accommodate the runoff from those areas adjacent to and “upstream” from the subdivision itself, as well as its effects on lands downstream.

(4) All proposed surface drainage structures shall be indicated on the plans.

(5) All appropriate designs, details, and dimensions needed to explain clearly proposed construction materials and elevations shall be included in the drainage plans.

(J) Fire protection.

(1) All subdivisions shall have a fire protection plan prepared by qualified individuals and approved by the state, county, or community fire officials as the case may be prior to approval of any subdivision or development within the county.

(2) The fire protection plan shall apply to all lands that are to be developed as well as any properties adjacent to and that might otherwise be impacted by the possibility of fire.

(3) The following shall be a minimum to be included in the plans:

(a) Fire flow needs to protect all properties to be located in the development to a minimum fire protection rating;

(b) Source, availability, amount, and delivery of water necessary to meet fire flow requirements;

(c) Responsibility, training, and availability of personnel for maintenance and operation of required firefighting infrastructure and equipment; and

(d) Written approval of the fire protection plan of all related fire officials;

(4) The fire protection plan shall be submitted with the preliminary plat application and be considered as an integral part of the subdivision plat approval process.

(5) In the case of remote cabin sites, a minimum of 1,000 gallons of water storage shall be required for fire protection for each dwelling during and following construction. It shall be the responsibility of the respective property owners to ensure that this provision is met.

(6) The county shall not be liable for any action taken by the subdivider as a result of this chapter.

(Ord. 2021-10, passed 9-27-2021)

Statutory reference:

State law provisions, see UCA § 17-27a-7

§ 155.367 FINANCIAL RESPONSIBILITY.

(A) Guarantee. To ensure that improvements are installed as required by this chapter, and before final plat approval by the County Commission, the subdivider shall guarantee the installation thereof by one or a combination of one or more of the methods specified as follows.

(B) Performance bonds. The subdivider shall furnish and file with the County Clerk a corporate surety bond, to assure that the actual construction of such improvements is completed within a period of two years immediately following the approval of the final plat and subdivision by the County Commission, which bond shall be approved by the County Commission and the County Attorney.

(C) Escrow deposit. The subdivider shall deposit in escrow with an escrow holder approved by the County Commission an amount of money, under an interest-bearing escrow agreement conditioned upon the installation of said improvements within two years from the approval of the final plat and subdivision. The escrow agreement aforesaid shall be approved by the County Commission and the County Attorney and shall be filed with the County Recorder.

(D) Irrevocable letter of credit. The subdivider shall file with the County Commission an irrevocable letter of credit from a duly chartered state or national bank or savings and loan institution, which letter shall contain provisions substantially similar to those required by the escrow agreement and shall be approved by the County Commission and County Attorney before being accepted.

(1) The amount of the above instruments shall be equal to 110% of the cost of the improvements as estimated by the County Public Works Director plus a percentage to cover inflation.

(2) The guarantee employed shall be approved as to method and form by the County Attorney.

(3) The County Commission is authorized to prescribe by administrative rule, or regulation, forms and procedures to insure the orderly, regular and efficient processing of applications for the approval of a proposed subdivision and the strict compliance with the requirements of this chapter.

(E) Default. In the event the subdivider defaults or fails or neglects to install satisfactorily the required improvements within two years from the date of approval of the final plat, the County Commission may declare the guarantee forfeited, and may install or cause the required improvements to be installed, using the proceeds from the collection of the posted security to defray the expenses thereof.

(F) Phased development. Whenever the subdivider shall develop a subdivision in phases, each phase shall be secured as provided herein, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all said improvements will be made available for full, effective and practical use thereof by lessee or grantee of any of the subdivided lands within herein before specified.

(G) Improvements guarantee.

(1) The subdivider shall warrant and guarantee that the improvements provided for herein and every part thereof, will remain in good condition for a period of year after the date of conditional acceptance by the County Commission and shall agree to make all repairs to and maintain the improvements and every part thereof in good condition during that one-year period at no cost to the county.

(2) It is further agreed and understood that the identification of the necessity for repairs and maintenance of the work rests with the County Public Works Director, whose decision upon the matter shall be final and binding upon the subdivider, and the guarantee hereby stipulated shall extend to and include, but not be limited to the entire street, sub-grade, base, and surface and all pipes, joints, valves, backfill and compacting as well as the working surface, curbs, gutters, sidewalks and other accessories that are, or may be, affected by the construction operations.

(3) If the subdivider does not complete needed repairs after written notice from the County Public Works Director within 30 days after the date of notice, the County Public Works Director, with the approval of the County Commission, shall have such repairs made, and the cost of such repairs shall be paid out of the performance security deposits held in the name of the county for that project.

(H) Covenant.

(1) The subdivider shall execute and acknowledge in a form approved by the County Attorney, and capable of recording in the office of the County Recorder, a written agreement with the County Commission by which the subdivider covenants that he or she will not sell, lease or convey any of the subdivided property to anyone whomsoever unless he or she shall first record the approved final plat and posted the necessary financial security as provided in this chapter.

(2) The agreement shall specifically provide that it shall be deemed to be a covenant running with the land to secure the installation of all the improvements required by this chapter together with a payment of all costs, including a reasonable attorney’s fee, which the County Commission may incur in enforcing any of the terms and provisions of the agreement.

(3) This condition shall be released when final release of security is approved by the County Commission.

(I) Acceptance and release of surety. Acceptance of public improvements and release of surety shall only be done following final inspection and recommendation by the County Public Works Director to the County Commission. No improvement security shall be released until all improvements are completed and approved and all defects corrected.

(J) Orderly development required. Whenever a subdivider shall develop a subdivision, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all of the improvements will be made available for the full, effective and practical use and enjoyment thereof by the purchaser, grantee, assignee, transferor or lessee of any of the lands subdivided within the time hereinbefore or in phases specified.

(K) Progress payments.

(1) Progress payments shall be made only after approval of the related improvements by the County Commission based upon written recommendation of the County Public Works Director. Payments shall only be made on a phase-by-phase basis as the work is completed to county standards.

(2) Progress payments may be made to the subdivider from any deposit of money or letter of credit which the subdivider may have made in lieu of providing a security bond, provided however, that no progress payment shall be made for more than 90% of the value of any installment or work completed.

(3) No progress payments from cash deposits shall be made except upon certification by the County Public Works Director and approved by the County Commission.

(L) Completion and release of surety.

(1) Ten percent of the surety posted with the county shall be held for the one year following completion of all phases of the subdivision.

(2) This amount plus any interest earned shall be released to the subdivider upon final inspection by the County Public Works Director and/or other authorized county representative and approved by the County Commission in public meeting.

(3) Upon completion of all requirements stated herein, a release of surety shall be prepared by the County Attorney for approval and signature of the County Commission and recorded with the County Recorder. A certified copy shall be provided to the subdivider.

(Ord. 2021-10, passed 9-27-2021)

§ 155.368 VALIDITY.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this chapter.

(Ord. 2021-10, passed 9-27-2021)

§ 155.369 PERMITS AND FEES.

(A) Permits. From the effective date of this section, the county shall not grant a permit, nor shall any officer of the county grant any license or permit for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any provisions of this section, this subchapter or this chapter or on a lot in a subdivision created by judicial decree, until a subdivision plat thereof has been recorded, or approved as required by this section. Any license or permit issued in conflict with such provisions shall be null and void.

(B) Fees. At the time of filing for any platting, zoning or subdivision action, a non-refundable fee shall be submitted, payable to Garfield County, in accordance with the currently adopted fee schedule as adopted by the County Commission by resolution.