Henrieville City Zoning Code

      (1)   After the effective date of the ordinance codified herein, no person shall subdivide land in the unincorporated areas of Garfield County into two or more lots, nor sell, convey, exchange, or offer for recording any interest in land that is part of a subdivision, except in compliance with this subchapter.

      (2)   Subdivisions and lots lawfully approved prior to the effective date of this subchapter shall remain valid and may continue under the regulations in effect at the time of approval. Any amendment, replat, or modification to a previously approved subdivision shall be subject to the requirements of this subchapter.

         (a)   1.   Own a single lot or parcel consisting of at least one acre when an onsite wastewater disposal system and private well are proposed on the same lot or parcel; or

            2.   Own a single lot or parcel consisting of at least 0.50 acres when an onsite wastewater disposal system and offsite shared well or water system are proposed.

         (b)   Provide written approval from the State of Utah or water company with approved water rights consisting of not less than 0.45-acre feet for a single-family dwelling unit; and

         (c)   Conform to all applicable land use ordinances, building codes, state laws, and local health department regulations.

(Ord. 2021-10, passed 9-27-2021; Ord. 2026-2, passed 3-23-2026)

(Ord. 2026-2, passed 3-23-2026)

      (1)   Subdivision design shall preserve, to the greatest extent practicable, cultural and historic resources, natural terrain and landforms, drainage patterns, topsoil, vegetation, ridgelines, and environmentally sensitive features.

      (2)   Lands subject to geologic, hydrologic, wildfire, or other hazardous conditions, including but not limited to landslide, debris flow, rockfall, avalanche, flooding, erosion, shallow groundwater, mine subsidence, or unstable soils, shall be identified through site analysis and professional studies as required by the county.

      (3)   Hazardous lands shall not be subdivided unless hazards are mitigated through approved engineering or site design measures and documented in the subdivision application.

      (4)   Where hazards cannot be mitigated, such areas shall be permanently restricted from development by plat note, easement, or dedication.

      (1)   Lot area, width, frontage, and setbacks shall meet the minimum requirements of the county zoning ordinance.

      (2)   Each lot shall demonstrate approved on-site wastewater feasibility from the local health department prior to final plat approval.

      (3)   Lots relying on private or shared wells shall provide written approval from the division of water rights, division of drinking water, and the local or state health department.

      (4)   Each lot shall front a public or private road with legal, recorded access meeting county standards.

      (5)   No lot shall be divided by a county or municipal boundary.

      (6)   Cul-de-sac lots shall meet minimum frontage requirements established by the county public works department and fire authority having jurisdiction.

      (1)   All subdivision roads shall be designed and constructed to county public works standards adopted by reference.

      (2)   Roads shall be designed for all-weather access, emergency response, drainage, and long-term maintenance.

      (3)   Construction, drainage, and improvements shall be inspected and approved by the county prior to acceptance.

      (4)   The county may require enhanced standards based on terrain, wildfire risk, traffic volume, or safety needs.

      (5)   The County Public Works Director shall review and approve all roadway plans prior to issuance of building permits.

         (a)   Agricultural Historic (AH);

         (b)   Commercial (C);

         (c)   Forest Recreation (FR);

         (d)   Residential (R);

         (e)   Residential Estates (RE); and

         (f)   Resort Recreation (RR).

         (a)   A minimum of 50% of the site shall be preserved as open space;

         (b)   Open space shall be permanently protected by recorded instruments;

         (c)   Ownership shall be vested in a single entity approved by the ALUA; and

         (d)   A recorded maintenance plan shall be required.

(Ord. 2021-10, passed 9-27-2021; Ord. 2026-2, passed 3-23-2026)

      (1)   All subdivisions shall provide a permanent potable water source. Water hauling as a primary source is prohibited.

      (2)   Water systems shall be approved in writing by the Division of Drinking Water and Division of Water Rights.

      (3)   Water quantity shall be demonstrated by approved water rights sufficient for indoor and proposed outdoor uses.

(Ord. 2026-2, passed 3-23-2026)

         (a)   The developer shall submit a written request for partial release to the County Public Works Director or other designated county inspector, identifying:

            1.   The specific improvements completed;

            2.   The requested release amount; and

            3.   The payees, if applicable.

         (b)   Upon inspection and verification of completion in accordance with approved plans and county standards, the county may authorize partial release of the approved amount.

         (a)   Potable water system improvements, including storage, wells, hydrants, and appurtenances;

         (b)   Roadway construction, including grading, surfacing, sign age, striping, monuments, and storm drainage facilities;

         (c)   Wastewater collection or treatment facilities, as applicable;

         (d)   Required survey monuments and lot corner staking; and

         (e)   Bonded utilities, including electric, communications, and natural gas infrastructure.

(Ord. 2026-2, passed 3-23-2026)

            1.   Additional information reasonably necessary to determine compliance with county ordinances and adopted construction standards for public improvements; and

            2.   Modifications to plans that do not comply with applicable ordinances, standards, specifications, or completeness requirements.

            1.   Additional information reasonably necessary to verify compliance with county ordinances and approved standards and specifications for construction of public improvements; and

            2.   Modifications to plans that do not comply with applicable ordinances, standards, specifications, or completeness requirements.

      (1)   The applicant shall record the final subdivision plat in the office of the County Recorder within one year of final plat approval by the ALUA. A final plat shall be eligible for recording only after:

         (a)   Required improvements have been installed and approved by the county or appropriately guaranteed pursuant to this subchapter; and

         (b)   All required signatures and approvals have been obtained.

      (2)   If the final plat is not recorded within the required time frame, the final approval shall expire and be deemed null and void, and any subsequent request to proceed shall require submission of a new preliminary subdivision application for review and consideration by the ALUA, unless an extension has been granted pursuant to this chapter.

(Ord. 2026-2, passed 3-23-2026)

      (1)   A clear and unique subdivision title not previously used within the county;

      (2)   Required signature blocks, in recordable form, for:

         (a)   Surveyor’s certificate;

         (b)   Administrative land use authority’s certificate;

         (c)   Owner’s certificate;

         (d)   Acknowledgement; and

         (e)   Certificate of recording.

      (3)   Any additional notes, dedications, easements, and certifications required by this subchapter, the County Recorder, or the County Surveyor to ensure recordability and enforceability.

      (1)   A title that clearly distinguishes the amended plat from the original recorded plat, including the amendment number or description ( e.g., “Garfield County Subdivision, 2nd Amended”);

      (2)   Required signature blocks, in recordable form, for:

         (a)   Surveyor’s certificate;

         (b)   Administrative land use authority’s certificate;

         (c)   Owner’s certificate;

         (d)   Acknowledgement; and

         (e)   Certificate of recording.

      (3)   A clear description of the purpose and scope of the amendment sufficient to identify the changes made to the originally recorded plat.

      (1)   A title stating “Record of Survey for [specific exemption type or subdivision description]” (e.g., “Record of Survey for Minor Lot Subdivision” or “Record of Survey for Agricultural Land Exemption”);

      (2)   Required signature blocks, in recordable form, for:

         (a)   Surveyor’s certificate; and

         (b)   Administrative land use authority’s certificate.

      (3)   Any additional notes or certifications required by the County Recorder or County Surveyor to ensure the document is recordable and clearly identifies the nature of the exemption.

(Ord. 2026-2, passed 3-23-2026)

      (1)   A plat is not required in accordance with UCA § 17-79-708(1) if:

         (a)   The unincorporated land is being divided into five or fewer parcels with legally recorded access to each parcel;

         (b)   A subdivision wastewater feasibility study has been performed by a licensed engineer and approved by the Southwest Utah Public Health Department; and

         (c)   Associated documents for each proposed parcel are recorded at the same time of filing of the record of survey at the office of the County Recorder in order to legally create the parcels for the minor-lot subdivision.

      (2)   A parcel created from a minor-lot subdivision shall not be further divided within three years of the recording date of the minor-lot subdivision where the subject parcel was originally created.

(Ord. 2021-10, passed 9-27-2021; Ord. 2022-7, passed 4-25-2022; Ord. 2026-2, passed 3-23-2026)