Promote the health, safety, convenience, and general welfare of the inhabitants of the City of Holladay in the matter of Subdivisions or matters affected by Subdivisions through provisions designed to:

   A.   To promote the health, safety, convenience, and general welfare of the residents of the City;

   B.   To ensure the efficient and orderly subdivision and development of land within the City:

   C.   To prevent the uncontrolled division and development of real property, which may be done without considering the rights and best interests of adjoining property owners and the City as a whole:

   D.   To avoid subdivisions and developments that:

      1.   Do not comply with the City general plan or ordinances,

      2.   Cannot be adequately served by existing utilities or public services,

      3.   May prove to be dangerous or unsafe due to design, natural or man-made hazards existing prior to or created by the subdivision and development,

      4.   May cause an unjustifiable burden on existing traffic or transportation services, or

      5.   May require the future expenditure of public funds to correct problems caused by the subdivision and development;

   E.   To provide design standards for public improvements, facilities, and utilities to provide for reasonable access to public rights-of-way, parks, trails, or open spaces, to provide for the dedication of land and streets deemed necessary for the proper development of the subdivision, and to provide for easements or rights-of-way that are necessary to service the properties created by the subdivision.

(Ord. 2024-01, 2-1-2024)

   A.   This Title is designed to set for he the process for obtaining preliminary and final subdivision approvals as well as inform the Subdivider and public of the requirements and conditions necessary to obtain approval of a Subdivision. Because each parcel of real property has unique site/situational characteristics (whether natural or man-made), there may be some aspects of subdivision development that cannot easily be articulated. For this reason, it is not possible to cover every possible contingency. Therefore, the Administrative Land Use Authority has the authority to impose reasonable conditions for the subdivision and development in addition to those expressly required, provided that:

      1.   The conditions are not arbitrary or capricious;

      2.   The conditions do not conflict with any local, state, federal law.

   B.   This Title shall apply to lots or parcels where public rights of way are dedicated, and public improvements and infrastructure are installed regardless of whether the land is subdivided.

(Ord. 2024-01, 2-1-2024)

COMPLETE APPLICATION: A Subdivision Application shall be considered complete as defined in each Application Section.

GEOLOGICAL HAZARD: The restrictions and requirements of the review cycle do not apply to the review of subdivision applications affecting property within identified geological hazard areas.

REVIEW CYCLE, EXCEPTIONS:

   1.   Additional Review Cycle(s). May be required when a modification or correction is necessary to protect public health and safety or to enforce state or federal law when a change or correction is necessitated by the Applicant’s adjustment to a plan set or an update to a phase plan that adjusts infrastructure needed for the specific development.

SUBDIVISION PLAN REVIEW: A review of the Applicant’s Subdivision improvement plans and other aspects of the Subdivision application to verify that the application complies with all ordinances and applicable standards and specifications, including the current Public Works Standards for Development, Design, and Construction. (Ord. 2024-01, 2-1-2024)

   If any section, subsection, sentence, clause, or phrase of this Chapter is, for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this Title.

(Ord. 2024-01, 2-1-2024)

   A.   Final Platting and Recording Required

      1.   Terms. Any division of real property within the City is subject to the terms of this Title. The division of real property includes the sale, gift, transfer, conveyances, split, or other division that results in changing the boundaries or legal descriptions of a given parcel of real property and results in the creation of a new parcel of real property.

      2.   Unlawful Subdivision. No land which is located wholly or in part in the City of Holladay may be subdivided, the plat be filed and recorded in the County Recorder’s Office, nor lots be sold unless such Subdivision has been created pursuant to and in accordance with the provisions of this ordinance.

         a.   Exception. Joining a lot or lots to an existing parcel does not constitute a Subdivision nor does it require a Subdivision plat amendment.

      3.   Final Plat Approval. Lots shall not be transferred or sold, nor shall a building permit be issued for a structure thereon, until the final plan of a Subdivision is approved, and the final plat is recorded in accordance with this Title and the provisions of state statute, and until the improvements and infrastructure required in connection with the Subdivision have been constructed or guaranteed as provided herein.

      4.   Sales of Land Parcels. No person shall sell or exchange or offer to sell or exchange any parcel of land which is in any part of a Subdivision or a larger tract of land or offer for a recordation in the County Recorder’s Office, any deed conveying such a parcel of land or any interest therein, unless such Subdivision has been created pursuant to, and in accordance with, the provisions of this Title.

      5.   Building Permits. Building permits shall not be issued prior to approval and recordation of the final plat.

   B.   Work to be Done by Registered Professional: All plans must be prepared and stamped by licensed and/or certified professionals in the State of Utah including, but not limited to, architects, landscape architects, land planners, engineers, surveyors, geotechnical engineers, transportation engineers or other professionals as deemed necessary by the City.

   C.   Approval Procedure:

      1.   Approval Process. The approval process for a Subdivision shall be in sequential order consisting of no more than four (4) review cycles:

         a.   Concept Plan (optional)

         b.   Preliminary Plat / Plan Review (Planning Commission, Public Hearing)

         c.   Final Plat and Improvement Plan Review (Technical Review Committee)

      2.   Expiration. Each Subdivision application review cycle shall be valid for a period of not more than one (1) year. At the request of the Subdivider, the Administrative Land Use Authority may grant up to two (2) six-month (6) extensions if substantial progress has been demonstrated by the Applicant. Expired applications shall be deemed null and void and require the Subdivider to start the Subdivision approval process over.

   D.   Phasing: Subdivisions may be done in phases. Each phase shall follow the Approval Procedure as outlined in 13.10A.070.

      1.   The Preliminary Plat shall include all ground anticipated to be subdivided. The phases shall be shown as part of the Preliminary Plat and submitted with the Preliminary Plat.

      2.   Development shall be organized such that the phases will be contiguous, and the required improvements and infrastructure will be continuous as deemed feasible and desirable by the Administrative Land Use Authority.

      3.   Less desirable or expensive aspects of the Subdivision should not be delayed to the final phases of development.

      4.   The Administrative Land Use Authority may require a pro-rated portion of the improvements and infrastructure be developed, or guaranteed in escrow, in earlier phases.

      5.   Where it is prudent to install improvements and infrastructure that extend into the next phase, such work may be done when it is shown on the plans and approved accordingly.

   E.   Rezone of Property: If rezoning the property is required, the Applicant must first obtain rezone approval as required in City Code, prior to subdividing.

   F.   Development Agreements: Any Development Agreement (either administrative or legislative) proposed by the Applicant, or the City shall be approved prior to subdividing.

   G.   Public Hearings: The Planning Commission shall hold public hearings for the general plan, zoning map changes, and any other Land Use Ordinances, applications, and amendments as required by Utah Code Annotated 10-9a-103, 10-9a-404, 10-9a-502, 10-9a-503, 10-9a-602, and 10-9a-608, and as otherwise required. The Planning Commission may hold public hearings for preliminary plat applications, but such public hearings are not required.

   H.   Application Requirements and Review Process: Notwithstanding the specific requirements outlined in this Section for each Application, all proposed Subdivisions shall show compliance with all applicable laws and standards. Poorly drawn, incomplete, or illegible drawings shall be cause for denial. The Community and Economic Development Director may waive certain informational and design requirements when they clearly do not apply and are irrelevant to a proposed Subdivision and shall state such waiver as part of the review cycle. (Ord. 2024-01, 2-1-2024)

   A.   Purpose. An Applicant may request a meeting with the Administrative Land Use Authority to obtain initial feedback and information prior to making a formal preliminary application for a Subdivision. This meeting shall be optional, non-binding, and considered separate from and independent of the required Subdivision approval review cycles. It is highly recommended that the Applicant participate in this optional Review Cycle.

   B.   Application Required. To provide a basic framework of the proposed Subdivision, the Applicant shall submit the required application prepared by the Community and Economic Development Department to the Administrative Land Use Authority.

   C.   Fees. There are no fees associated with this type of application.

   D.   Time Frame. Within fifteen (15) business days after the receipt of the completed application, the Applicant shall be placed on the agenda of the next regularly scheduled meeting of the Administrative Land Use Authority for discussion.

(Ord. 2024-01, 2-1-2024)

   A.   Initial Staff Review. To help expedite review of a development proposal, prior to submitting an application for subdivision review, persons interested in undertaking development may meet informally with members of the Community Development Department to become acquainted with the substantive and procedural requirements of this Title, applicable City Codes, and Holladay City Standard Specifications.

   B.   Development Review Meeting. It is strongly recommended that the applicant attend a pre-application meeting where the development proposal will be reviewed by the Technical Review Committee . At the meeting, representatives from various departments will provide initial feedback on the concept plan along with copies, links, or instructions for accessing the applicable land use regulations, a list of standards, and preliminary and final subdivision application checklists.

   C.   Preliminary and Final Subdivision Application Review.

      1.   Complete Preliminary and Final Subdivision Applications Required.

         a.   A preliminary subdivision application will not be accepted until staff has determined it is complete.

         b.   A final subdivision application will not be accepted until preliminary subdivision approval has been granted and staff has determined the final subdivision application is complete and complies with the requirements of this Chapter and preliminary subdivision approval.

      2.   Review Cycle. If the application is complete, the review cycle will commence with City staff.

         a.   Upon submittal of a preliminary or final subdivision application and supporting information the application shall be forwarded to the reviewing departments and agencies who shall perform an initial review to verify that the application, subdivision plans, and supporting information are complete and comply with applicable Holladay City Code, and the Holladay City Standard Specifications and Details for Municipal Construction.

         b.   Upon completion of the staff review, the City will inform the applicant of deficiencies, comments, corrections, and requirements, including required additional information and studies that need to be addressed.

         c.   The applicant shall complete the review cycle by submitting the additional information and the modified subdivision plat and plans. In addition, they shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. The applicant’s written explanation shall be comprehensive and specific, including a response to each requested revision or required correction. If an applicant 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.

         d.   If needed, additional review cycles will commence when the applicant resubmits revised application materials, plans, and supporting information to the City. No further review cycles are needed if all departments and agencies verify that the preliminary or final review standard is met as described in Subsection (e) and (f) of this Section.

      3.   Failure to submit complete information will result in written notification to the applicant that the review cannot proceed further until all required, necessary, and requested information is submitted.

   D.   Preliminary Subdivision Review Approval.

      1.   Land Use Authority Designation. When the preliminary subdivision plat has been determined to be complete and in compliance with all requirements, the plat, together with all supporting information, will be forwarded to the Planning Commission for review at a public meeting.

      2.   Land Use Authority Determination. The Land Use Authority shall review the preliminary plat and all supporting documents and plans to determine if they are complete and substantially comply, or can be conditioned to substantially comply, with Holladay City Code, and the Holladay City Standard Specifications and Details for Municipal Construction, as applicable to preliminary plat review.

      3.   Appeal. The decision of the Land Use Authority may be appealed according to applicable provisions of this Title.

   E.   Final Subdivision Review Approval.

      1.   Technical Review Committee Review. The TRC shall review the final plat, plans and all supporting documents to determine if they are complete, comply with all conditions of approval, Holladay City Code, and the Holladay City Standard Specifications and Details for Municipal Construction.

         a.   The TRC shall also ensure the following items have been completed, unless recommendation to and approved by the Director as determined they are not applicable:

         (1)   Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) are required according to the requirements identified in Holladay City Standard Specifications.

         (2)   Post Construction Storm Water Maintenance Agreements are required according to requirements identified in Holladay City Standard Specifications. For residential development, the agreement shall be referenced in and recorded with the restrictive covenants of the Homeowners’ Association.

         (3)   Approval letters from applicable agencies and districts, such as Holladay City Public Utilities Department, Water Reclamation District, Sewer District, Utah Department of Transportation, Irrigation Canal, or Ditch Company.

         (4)   Signed and notarized Improvement Agreement and Agreement to Conditions.

         (5)   A guarantee for improvements according to the requirements of Title 10 Improvement Completion Assurance (Guarantee).

         (6)   The final plat has been approved by the Salt Lake County Recorder’s Office.

         (7)   All construction drawings have been approved by all applicable City Departments.

         (8)   All applicable development fees have been paid.

      2.   Final Plat. Upon completion of final review, the applicant shall submit the final plat drawn with waterproof black ink on Mylar sheets to the Community Development Department. The final plat will be signed by each person or entity that is required by the Utah Code Annotated or elsewhere in this Title.

      3.   Land Use Authority Designation and Determination. The Mayor shall grant final subdivision approval upon recommendation from the Director that the final plat, plans, and documents are complete, comply with all conditions of approval, Holladay City Code, Holladay City Standard Specifications and Details for Municipal Construction, and all applicable fees have been paid. The Mayor shall deny final subdivision approval if the Mayor finds that the final plat and documents do not comply with all applicable City ordinances, or fees have not been paid. In the event of denial for unpaid fees, the applicant may pay the fees within twenty (20) business days and request reconsideration.

      4.   Appeal. The decision of the Mayor may be appealed according to the applicable provisions of this Title.

      5.   Plat Recordation. The developer shall be responsible for plat recordation with the Salt Lake County Recorder’s Office. In addition, an electronic copy of the recorded subdivision plat shall be returned to Holladay City prior to the issuance of any building permits.

      6.   Completion of Subdivision Development. The property must be developed, and the improvements constructed in strict compliance with the approved final plat, approved construction drawings, and the Holladay City Standard Specifications and Details for Municipal Construction. Failure to note any improvement required by this Chapter on the final plat or the construction drawings shall not eliminate the developer’s responsibility to complete those improvements in the subdivision.

(Ord. 2024-01, 2-1-2024)

   A.   General Subdivision Application Contents. All applications for preliminary and final subdivision review shall be submitted to the Community Development Department and shall include the following:

      1.   Electronic copies in PDF format of all plans and documents required in this Chapter unless the Director determines they are not applicable. All plans shall be submitted together as one set, and all documents shall be submitted together as another set as required by the subdivision review checklist that is available from the Community Development Department.

      2.   Payment of all applicable fees.

      3.   All necessary documents, reports, maps, etc., as required for developments located within an Overlay Zone.

   B.   Preliminary Subdivision Application Contents. An application for preliminary subdivision review shall comply with all applicable City Code, and shall include the following information:

      1.   Document Set. The following shall be submitted in the document set:

         a.   General Development Application Form with property owner signature, and a project description narrative.

         b.   Preliminary title report prepared by a title company. The title report shall have an “effective date” that is no more than three (3) months old at the time the preliminary subdivision application is submitted. The title report legal description shall match exactly the boundary description on the proposed recording plat.

         c.   Preliminary Storm Water Analysis Report according to the requirements identified in Holladay City Standard Specifications.

         d.   Infiltration Report according to the requirements identified in Holladay City Standard Specifications. Infiltration shall be measured in the field at the same location and depth as the proposed retention (or infiltration) facility using the double ring infiltrometer test.

         e.   Geotechnical Investigation Report according to the requirements identified in Holladay City Standard Specifications.

         f.   Traffic Impact Study or Trip Generation Report prepared by a certified professional transportation engineer.

         g.   Any other documents related to the development that the City may reasonably require and those shown in other applicable Chapters.

      2.   Electronic Plan Set. The subdivision plan set shall be drawn to a standard engineer’s scale and formatted to a print size of 24 inches by 36 inches. The scale must be indicated on each sheet and shall not be less than one-inch equals 60 feet. The following shall be included in the plan set:

         a.   The preliminary plat shall include information from the subdivision plat template (available from the Community Development Department) and contain the following:

         (1)   Date, scale, and arrow indicating north drawn on each sheet.

         (2)   The proposed name of the subdivision as approved by the Salt Lake County Recorder’s Office.

         (3)   The names and contact information of the property owners, the developer, and the engineer or surveyor of the proposed subdivision.

         (4)   The names of current owners, and the property lines of all parcels or lots immediately adjoining the proposed subdivision.

         (5)   The subdivision boundary lines showing the proper bearings and dimensions, which lines shall be of heavier line weight than any other lines on the drawing and which shall be referenced to two monuments.

         (6)   The boundary lines, dimensions, and legal description of the parcel to be subdivided, including public and private streets with centerline descriptions.

         (7)   The bearings, dimensions, and square footage of each lot.

         (8)   The bearings, dimensions, and locations of existing and proposed easements.

         (9)   The location and dimensions of existing and proposed secondary water systems (including ditches and canals).

         (10)   A Certificate of Survey with a metes and bounds description, the signature of a land surveyor licensed in the State of Utah, and the land surveyor’s seal.

         (11)   A notice of all covenants, conditions, and other restrictions which may be relevant and applicable to the property contained within the final plat.

         (12)   An Owners Dedication with signature lines for all property owners and others who may have a financial interest in the subdivision acknowledged by a notary public, as required by the Salt Lake County Recorder’s Office and Holladay City.

         (13)   A signature block for appropriate signatures from the following: The Land Use Authority, Salt Lake Valley Health Department, City Engineer, and Chief Engineer of Public Utilities Department, Director of Parks and Recreation Department, City Attorney, and the Mayor with attestation by the City Recorder.

         (14)   Other signature approval blocks as may be needed or as required by Utah Code.

         (15)   All requirements of the Natural Hazards overlays, including, but not limited to, location of known earthquake faults, floodplains and their respective zones, hillside slopes greater than 30 percent, etc.

         (16)   A clear delineation of any common, limited common and private areas when shared ownership applies to the plat, such as property ownership associations, condominium plats and planned unit developments.

         (17)   Tabulations showing:

            (A)   Total number of acres in the proposed development.

            (B)   Total number of lots or units.

         b.   Record of Survey that was filed with the Salt Lake County Surveyor’s Office for this property.

         c.   Site Plan overlayed with the proposed plat showing the dimensions and locations of all existing and proposed improvements and structures, and all topographical and environmental features as required by the Sensitive Area Overlay, within and adjacent to the plat boundaries. A notation shall be made as to whether the existing structures within and adjacent to the plat will remain or be demolished.

         d.   Storm Water Drainage Plan meeting requirements in Holladay City Standard Specifications. These plans include, but are not limited to, required design details and information of existing and proposed post-construction storm water quality facilities, retention and detention facilities, culverts, ditches, drainpipes, and invert elevations of storm water drainage pipes at proposed connections points.

         e.   Grading Plan showing existing and proposed contour lines at two-foot intervals, excavations, fills, grading, and limits of disturbance. Existing contours shall extend a minimum of 25 feet beyond the property line.

         f.   Roadway Plan, road profiles and typical road sections that include the location, widths, centerline descriptions, and names of all existing and proposed public and private streets, alleys,

         g.   access easements, trails, or other public ways within or directly adjacent to the property; and other important features, such as railroad rights-of-ways, and City boundary lines.

         h.   Utility plan that includes the location of existing and proposed utility easements, fire hydrants, streetlights, water mains and services, sanitary sewers, and stormwater facilities.

         i.   Master plan showing how undeveloped property adjacent to the proposed subdivision could be developed, by showing the location of the subdivision as it forms part of a larger developable area with a conceptual future street system and lot layout.

         j.   Any other plans related to the development that the City may reasonably require and those shown in other applicable Chapters.

   C.   Final Subdivision Application Contents. An application for final subdivision review shall comply with all applicable City Code, and shall include the following information:

      1.   Document Set. The document set shall contain all the information from preliminary review with the following additional information:

         a.   A written response to all corrections and redlines from preliminary review.

         b.   Title report prepared by a title company that coincides with the owners’ signatures on the final plat. The title report shall have an “effective date” that is no more than three (3) months old at the time the final subdivision application is submitted. The title report legal description shall match exactly the boundary description on the proposed recording plat.

         c.   Documents evidencing conveyances or consents from property owners within the subdivision when such are required by law.

         d.   Final Storm Water Analysis Report according to the City Engineer as per requirements identified in Holladay City Standard Specifications.

         e.   The proposed restrictive covenants of the Homeowners’ or Commercial Owners’ Association.

         f.   Any other documents related to the development that the City may reasonably require and those shown in other applicable Chapters.

      2.   Electronic Plan Set. The subdivision plan set shall contain all the information from preliminary review with the following additional information:

         a.   The entire plan set shall have the designing engineer’s State license seal stamped on all submitted plan sheets.

         b.   The final plat shall include:

         (1)   The name of the subdivision as approved by the Salt Lake County Recorder’s Office.

         (2)   Lot numbers, approved street names with intersection coordinates as determined by staff, and street addresses of which numbering shall be in accordance with the City street numbering system, as designated by staff.

(Ord. 2024-01, 2-1-2024)

   A.   General Requirements: All improvements and infrastructure related to a Subdivision shall be installed according to the requirements of the City Code and the Public Works Standards. The Subdivider shall be responsible for extending all utilities and improvements and infrastructure to the Subdivision if they are not already adjacent to or on the site including curb, gutter, and sidewalk on streets operated by the Utah Department of Transportation. When the City is to take ownership of public infrastructure and improvements, the City shall require the Subdivider to install such improvements in a manner that does not cause excessive liability or maintenance costs for the City at the convenience or advantage of the Subdivider.

   B.   Utilities Required: The following utilities are required to be provided by the Subdivider to each lot:

      1.   Culinary Water. The water source shall be provided by applicable water provider unless an alternative permanent source is approved by the City Engineer and the Salt Lake County Health Department.

      2.   Sewer. The sewer service shall be provided by Mount Olympus Improvement District through gravity collection lines. Public sewer lift stations are generally not permitted.

         a.   Public sewer lift stations may be granted by exception by the Administrative Land Use Authority and the City Engineer when a lift station is deemed clearly preferable to the interest of the City and gravity sewer is not feasible.

         b.   Where gravity sewer connections are greater than 500' in distance, septic tanks may be grant upon review and approval of the Salt Lake County Health Department

      3.   Land Drain. The land drain system must be installed in areas with shallow groundwater. If basements are eliminated and the geotechnical report can provide sufficient documentation that groundwater levels (including historical) are deep enough to eliminate the need for the land drain system, the Administrative Land Use Authority and the City Engineer may allow this requirement to be waived.

      4.   Electrical Power. The electrical power will be provided by Rocky Mountain Power (RMP), or their successors and all installations must follow RMP Standards.

      5.   Natural Gas. The natural gas service will be provided by Dominion Energy, or their successors, and all installations must follow Dominion Energy Standards.

   C.   Storm Water: Storm water plans shall meet the requirements of the Title 17 of this code. The City Engineer shall determine the appropriate implementation strategy for meeting the City’s storm water-related standards, using the current Capital Facilities Plan as a guide; this may include decisions regarding ownership and access to storm water ponds, and where and how the water shall flow as part of the City’s overall storm water system.

   D.   Storm Drainage (Canals And Ditches):

      1.   No ditch or canal shall be approved as suitable for the use of storm drainage water without the written permission of the appropriate ditch or canal company or of the water users for such use. No ditch or canal shall be used for stormwater unless adequately improved to handle such water as may be reasonably expected to be conveyed through the canal or ditch including, irrigation water, subdivision runoff water, and other water expected to reach such canal or ditch. Any modification to an existing canal or ditch is also subject to the review and approval of the city engineer. (Ord. 2012-15, 9-20-2012)

      2.   The subdivider shall work with irrigation, drainage or ditch companies as to:

         a.   Methods of covering, realigning or eliminating ditches or canals within or abutting the subdivision;

         b.   The size of pipe and culverts required; and

         c.   The responsibility for the periodic inspection, cleaning and maintenance of such ditches, pipes and culverts. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be approved by the community development department.

   E.   Canal, Ditch, Irrigation Certification Of Protection: No plats for subdivision improvements shall be approved by the city unless a “certification of protection of existing irrigation and storm drain facilities” has been completed and submitted to the city.

   F.   Inspections: All improvements and infrastructure shall receive inspections by the City Engineer and as necessary to verify conformance with the City Code and the Public Works Standards. Failure to obtain the necessary inspections shall result in a fine as outlined in this Title. Failure to obtain the necessary inspections may also necessitate removal and re-installation of the improvements and infrastructure at the Subdivider’s sole cost, as such removal and re-installation are determined by the City Engineer.

   G.   Fee in lieu of Actual Improvements: Subdivisions adjacent to a rural road or another road where the surrounding area is lacking public improvements and infrastructure may request the option to pay a fee in lieu of constructing the required improvements and infrastructure. The Administrative Land Use Authority and City Engineer may also require payment of the fee in lieu to make improvements as a part of a larger future project. An Agreement approving the payment of the fee in lieu may be approved during the Preliminary Improvement Plans Application phase by the Administrative Land Use Authority and City Engineer. Fee in lieu Agreements should only be approved when it is unreasonable or undesirable for the improvements and infrastructure to be installed with the development. The Agreement should include:

      1.   A calculation of the cost of the improvements not being installed.

      2.   For areas where the future project date is known, inflation costs at a maximum of 3% per year may be used up to the project year. For areas where the future project date is not known, inflation costs may only be included at a maximum of 3% per year for 5 years.

      3.   For areas where off-site improvements have already been constructed and excess capacity exists that was paid for by the city, Subdividers may “buy in” to the existing improvements to meet their requirements. A determination of available excess capacity and cost will be evaluated by the City Engineer. (Ord. 2024-01, 2-1-2024)

   A.   General Requirements:

      1.   Access. All lots shall be accessed by a fully improved city street and shall meet the frontage requirements of the zone the subdivision is located. It shall be the responsibility of the Subdivider to provide proper road access to the Subdivision as required in the City Code, the Public Works Standards. The mere existence of a public road or right-of-way to the proposed Subdivision does not mean that adequate access exists. It shall be the Subdivider’s responsibility to construct and dedicate all public roads required by the City to provide access to the Subdivision.

      2.   Design Standards. All Subdivisions shall comply with the current Standards for design, construction specifications and inspection of street improvements, curbs, gutters, sidewalks, storm drainage and flood control facilities shall comply with the “Standard Details For Public Works Construction” as adopted by the city.

      3.   Public Infrastructure and Improvements. The City Engineer shall have authority to require adjustments to the utility plan associated with a proposed Subdivision including adjustments to the type, manner, and location of utilities. Such adjustments to the utility plan may be required to provide connectivity among developments, provide for public safety, and minimize public infrastructure maintenance and liability.

      4.   Additional Reports and Studies.

         a.   Geotechnical reports as required by the Public Works Standards and the City Engineer.

         b.   A traffic study may be required by the City Engineer depending on his/her judgment regarding the size of the Subdivision, complex traffic movements involved with the proposal, interaction of streets with State roads, new traffic patterns, traffic volume in or near the Subdivision, history of crashes or expected crashes in the area, general safety, or anticipated traffic delays due to the Subdivision.

         c.   Storm water pollution protection as required by the Public Works Standards and City Code.

         d.   Wetland delineation and mitigation may be required as determined by the City Engineer.

      5.   Preservation of Natural Conditions. The design and development of Subdivisions shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil, and trees as determined by the Administrative Land Use Authority for the Preliminary Subdivision Applications.

      6.   Hazards. Land subject to hazardous conditions such as slides, rock falls, faults, shallow water table, floods shall not be subdivided until complete mitigation of the hazards has been properly identified by the Technical Review Committee as per applicable provisions of this title.

   B.   Street Layout and Access:

      1.   General. All streets shall conform, as much as practicable, to the adopted General Plan, Transportation Master Plan, and the Public Works Standards.

      2.   Approval. Overall street layout and access shall be reviewed and approved as part of the Preliminary Subdivision Applications. The Administrative Land Use Authority shall have authority to require stub roads, additional access into the development, and adjustments to the street layout, street cross-section, and right of way widths. Such adjustments to the Subdivision plan may be required to provide connectivity among developments, provide for public safety and emergency access, minimize public infrastructure maintenance and liability, and align with the General Plan and adopted transportation plans.

      3.   Required Ingress/Egress Access.

         a.   Developments where the number of residential building units exceeds thirty (30) along a single street shall have a minimum of two (2) ingress/egress routes which are two (2) fully improved City rights-of-way. Thirty (30) residential units shall include all proposed residential units and all existing single-family buildings and lots, empty building lots, and each apartment unit located along a single road up to and including the nearest intersection with two (2) existing means of ingress/egress.

         b.   A development that extends more than one thousand eight hundred feet (1,800') from a connecting street must provide a second ingress/egress.

      4.   Exceptions. The Administrative Land Use Authority for the Preliminary Subdivision Applications may waive these access requirements for more than thirty (30) residential units with one point of improved ingress/egress when unique topographic circumstances or “landlocked” (physically restrained from other access points) from adjacent, existing developments circumstances exist. A waiver of these regulations may require additional development requirements to ensure public safety standards are met.

      5.   Private Rights-Of-Way. Private rights-of-way may be used for development purposes in all zoning districts subject to the following conditions:

         a.   Private rights-of-way shall be designed and built as per the City of Holladay Public Works Standard Drawings.

         b.   Private rights-of-way shall meet the provisions of the zoning district.

         c.   Private rights-of-way shall not be permitted if the road serves to connect other rights-of-way or subdivisions.

         d.   Private rights-of-way shall meet all requirements of the international fire code, appendix D.

         e.   All development on private rights of way of two (2) lots or more shall establish a homeowners’ association or similar organization that will be responsible for the care and maintenance of any common property or utilities. A complete set of covenants, conditions, and restrictions (CC&Rs) shall outline the care and maintenance of all private utilities, street improvements and common spaces. The CC&Rs shall also set forth the funding mechanism for that maintenance. The CC&Rs shall be recorded and run with the land.

         f.   An easement for all public utilities shall be provided and dedicated to the city.

         g.   Private Rights-Of-Way; Maintenance: The City will not be responsible in any way for maintenance or upkeep of surface improvements for private rights-of-way and does not guarantee services like mail or garbage collection will extend to the residences on such streets.

   C.   Trails:

      1.   Required. Where a proposed Subdivision includes or adjoins an existing or planned public trail system as specified or referenced in the City’s General Plan the Subdivision plat shall include and provide for the development of a public trail infrastructure in accordance with said Plan.

      2.   Improvements. Trails shall be developed in accordance with applicable AASHTO standards with sufficient width, and to safely accommodate two-way bicycle and pedestrian traffic along the trail corridor. In absence of applicable AASHTO standards, the Salt Lake County Trails Standards are hereby adopted and applied.

         a.   The Administrative Land Use Authority, when feasible, may allow the trail right-of-way to be a substitute for required sidewalk and park strip area on one side of the street right-of-way dedicated within the Subdivision.

         b.   All trail improvements shall be dedicated to the City or an agreed upon non-profit third party, for the operation and maintenance after final acceptance.

   D.   Fencing:

      1.   Purpose. Provide increased safety from potential dangers due to agricultural activities, water courses, high-speed traffic, and other potential dangers or hazards by requiring a barrier between potentially incompatible land uses.

      2.   Requirement. Fencing shall be required under the following conditions:

         a.   Bordering Natural and Man-Made Waterways. A six foot (6') high fence is required where the subdivision borders a canal, canal right-of-way / easement, or canal property whereon the canal is located.

            (1)   Fencing material shall be chain link unless otherwise approved according to provision of this section.

         b.   Bordering Interstate. A six foot (6') high fence is required where building lots for any land use are adjacent to Interstate Highways.

            (1)   The fencing material shall be masonry unless otherwise approved according to provision of this section.

      3.   Other Fencing Materials. The listed material shall be required unless a different type of fencing material matches the look and feel of other adjacent fencing materials as requested by the applicant and approved by the Administrative Land Use Authority. In no case can the quality or purpose be less than the listed size and material.

      4.   Authority. The Administrative Land Use Authority shall have authority to implement reasonable fencing requirements for conditions other than those stated above where potential dangers are currently present or will be present after the development of the subdivision. The Administrative Land Use Authority shall also have the authority to waive the fencing requirement where its removal will not compromise safety or does not accomplish the intent of the fence.

   E.   Street Lighting:

      1.   The subdivider shall pay for all outdoor street lighting fixtures.

      2.   The placement and installation of street lighting shall be in accordance with the adopted Development, Design, and Construction Standards.

      3.   The subdivider shall be required to get power installed into the subdivision and notify the City when power is available.

      4.   The City is responsible for ordering the streetlights. The streetlights shall then be installed and maintained by the City’s authorized contractor.

   F.   Easements:

      1.   General Utility Easements. A minimum ten foot (10') general utility easement shall traverse the frontage(s) of each lot. The Administrative Land Use Authority may require additional easements to accommodate utility planning and future access.

   G. Blocks:

      1. Dedicated walkways through a block may be required where access is necessary to a point designated by the planning commission. Such walkways shall be a minimum of six feet (6') in width, but may be required to be wider where determined necessary by the planning commission. The subdivider shall surface the full width of the walkway with a concrete surface, install a chainlink fence or its equal four feet (4') high on each side and the full length of each walkway and provide, in accordance with the standards, rules and regulations, barriers at each walkway entrance to prevent the use of the walkway by any motor vehicle or by any other nonmotorized vehicle wider than four feet (4').

      2.   Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off street parking and delivery facilities.

   H.   Lots and Parcels

      1.   The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for structures and be properly related to topography and conform to requirements set forth herein. Side lines of lots shall be approximately at right angles, or radial to the street line whenever possible and desirable.

      2.   Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage or frontage, which would be unusable for normal purposes.

      3.   All lots shown on the final plat must conform to the minimum requirements of the zoning code for the zone in which the Subdivision is located, except for remainder parcels as follows:

         a.   May be used for agricultural purposes but shall not be eligible for habitation, commercial uses, or primary structures.

         b.   May not be eligible for building permits and may not be eligible for other permitted uses. All limitations and restrictions shall be clearly noted on the final plat.

         c.   Shall be described on the final plat; however, an exception may be granted by the City Engineer.

      4.   Each lot shall have frontage on an improved public road as required in the zoning code and the Public Works Standards unless a permanent private driveway, access easement or shared driveway has been approved.

      5.   All remnants of land left over after subdividing, shall be attached to adjacent lots or made part of the common area governed by a Community/Homeowners Association, rather than allowed to remain as unusable parcels. All lands within the boundaries of the Subdivision shall be accounted for, either as lots, right of way, or as remainder parcels.

      6.   Lots having double frontage shall not be approved except where necessitated by topographic or other unusual conditions or where the lots are adjacent to a road that does not permit direct access (exception: corner lots).

      7.   Contiguous parcels owned by different parties may be joined into one final plat, provided that all Owners join in the dedication and acknowledgments.

      8.   A lot shall not be divided by a city limit or county limit line. Such boundary lines shall be made at lot lines.

      9.   Undevelopable Parcels: Plats may designate lots which are designated as “undevelopable”. Such lots do not need to meet the minimum lot size requirements of the zone and may be retained by the subdivider with restrictive covenants or deeded to the city.

   I.   Utilities to be Underground

      1.   All utilities, including those that are normally overhead shall be placed underground in all Subdivisions. The Subdivider shall establish final utility grades prior to utilities being placed underground.

         a.    Exception: wireless communication equipment or where underground connection is not permitted by the Provider.

   J.   Protection Strips: Where subdivision streets parallel contiguous property of abutting owners, the subdivider may, upon approval of the planning commission, retain a protection strip not less than one foot (1') in width between the street and abutting property, provided that an agreement, approved by the city attorney, has been made by the subdivider, contracting to deed to the then owners of the contiguous property, the protection strip for a consideration named in the agreement. Such consideration may not be more than the fair cost of land in the protection strip, the street improvements properly chargeable to the contiguous property, plus the value of one-half (1/2) the land in the street at the time of agreement, together with interest at a fair rate from the time of agreement until the time of the subdivision of such contiguous property. One copy of the agreement shall be submitted by the city attorney to the planning commission prior to approval of the final plat. Protection strips shall not be permitted at the end of or within the boundaries of a public street or proposed public street or within any area intended for future public use. Each agreement shall be recorded against all abutting properties in the records of the Salt Lake County recorder.

(Ord. 2024-01, 2-1-2024)

   A.   Pre-Construction Meeting. Upon completion of the Final Plat and Improvement Plans Review Cycle and prior to commencing any construction activity, the Applicant shall schedule and attend a pre-construction meeting as required in the City’s Public Works Standards for Development, Design, and Construction.

   1.   If the General Contractor changes at any time during construction, an additional pre-construction meeting shall be held before additional work commences.

   B.   Inspections. All construction shall be subject to inspections as required in the City’s Public Works Standards for Development, Design, and Construction.

   C.   Improvement Completion Assurance. At any time after receiving final approval, the Applicant may post an improvement completion assurance as outlined in 13.01.100.

   D.   Subdivision Plat Recording:

      1.   After the plat has been acknowledged, certified, and approved, the City Recorder shall record the plat in the office of the County Recorder.

   E.   Improvements Completion Assurance and Guarantee of Performance

      1.   Purpose. To assure the completion of required improvements and infrastructure as required by the approved plans, Public Works Standards, and all applicable ordinances, the Subdivider shall establish a completion assurance and guarantee as per provision state in 13.01.100 of this Title.

(Ord. 2024-01, 2-1-2024)

   A.   Improvements and Infrastructure Required for Building Permit. No building permit shall be issued by the City unless all required improvements are installed, inspected, and approved, with the exception of sidewalk, asphalt pavement, streetlights, and street signs.

   B.   Improvements and Infrastructure Required for Occupancy. No occupancy permit shall be issued by the City unless all required improvements are installed, including the sidewalk along the frontage of the building lot in question, but with the exception of streetlights and street signs.

   C.   Conditional Acceptance of Improvements and Infrastructure. The City Engineer shall issue conditional acceptance upon the following:

      1.   Completion of all required improvements and infrastructure.

      2.   The site has been left in an orderly and clean condition following construction. Construction waste, debris, excess fill material, or any other similar material shall not be left or abandoned on the site or on other nearby properties.

      3.   The final plat has been recorded.

      4.   The Subdivider makes a written request for inspection of improvements and infrastructure for the purpose of conditional acceptance.

         a.   The city will generate a written punch list of items needing repair, replacement or yet to be completed.

      5.   Improvements and infrastructure are inspected by the City and found to be acceptable and in compliance.

         a.   Completion of all items identified on the punch list.

      6.   Reproducible as-built drawings have been submitted to and accepted by the City Engineer.

   D.   Warranty Period. Upon receipt of Conditional Acceptance, all required improvements and infrastructure shall be warranted by the Subdivider for a period of one (1) calendar year.

   E.   Final Acceptance. Following the completion of the Warranty Period, the Public Works Director shall issue final acceptance of the Subdivision improvements and infrastructure when:

      1.   The Subdivider makes a written request for inspection of improvements and infrastructure for the purpose of Final Acceptance.

         a.   The city will generate a written punch list of items needing repair or replacement.

      2.   Improvements and infrastructure are inspected by the City and found to be acceptable and in compliance.

         a.   Completion of all items identified on the punch list.

   F.   Release of Remaining Escrow. Upon acceptance by the City Engineer, the City’s Escrow Agent shall authorize the release of all remaining escrow monies.

(Ord. 2024-01, 2-1-2024)

   A.   Variances and Appeals Generally: Any Person may petition for a variance or appeal a decision pertaining to this Title to the Appeal Authority as established in chapter 13.101 Appendix B, Land Use and Appeal Authorities.

(Ord. 2024-01, 2-1-2024)

   A.   Any Person, who shall transfer or sell, or cause to be transferred or sold, any lot or land in a Subdivision, which Subdivision has not been approved by the City, and recorded in the office of the County Recorder, shall be guilty of a Class B misdemeanor for each lot or parcel of land so transferred or sold, and the description of such lot or parcel of land by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring, shall not exempt the transaction from such penalties or from the remedies provided in this Title. The City may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction, or may recover the penalty by civil action in any court of competent jurisdiction, together with costs and attorney fees incurred in enforcing this Title.

   B.   Any Person violating any of the provisions of this Title shall be guilty of a Class B misdemeanor.

   C.   Any Person violating any of the provisions of this Title or the Public Works Standards or failing to obtain the necessary inspections and tests required for public improvements and infrastructure shall be assessed a fine as stated in the City’s current adopted Consolidated Fee Schedule. Fines may be applied daily and separately for each violation.

   D.   The City may bring an action against an Owner to require the property to conform to the provisions of this Title, the zoning ordinance, or any other applicable Law. The action may include an injunction, abatement, merger of title, or any other appropriate action or proceedings to prevent, enjoin, or abate the violation. The City need only establish the violation to obtain the injunction.

(Ord. 2024-01, 2-1-2024)

   A.   Vacating, Altering, or Amending a Final Plat:

      1.   Vacating, altering, or amending a final plat shall be done in accordance with Utah Code Annotated 10-9a-608, or its successor statute. This includes changing a Subdivision boundary, dedicated right of way, the number or layout of lots, easements, the Subdivision name, and any other aspect of a recorded final plat. If an amendment proposes significant changes to the existing Subdivision, then the Administrative Land Use Authority may require the changes to be made through the vacation of the existing final plat and/or approval of the changes being done through the process required for new Subdivisions; this should be done to ensure that significant changes receive proper review and adequate fees are obtained to cover costs to the City.

      2.   The Administrative Land Use Authority for vacating, altering, or amending a final plat shall be the same as that for the final plat application.

      3.   The city council may, by resolution, grant a petition to vacate an entire subdivision plat.

      4.   The city shall ensure that the council’s resolution containing a legal description of the entire vacated subdivision plat is recorded in the county recorder’s office.

   B.   Vacating a Street, Right of Way, or Easement

      1.   Vacations shall be done in accordance with Utah Code Annotated 10-9a-609.5 or its successor statute.

      2.   The Administrative Land Use Authority shall be the City Council.

      3.   Adjusting or modifying an existing street, right of way, or easement while not eliminating the street, right of way, or easement, and while still maintaining access, does not constitute a vacation.

(Ord. 2024-01, 2-1-2024)

   A.   Purpose:

      1.   The purpose of this chapter is to outline the requirements and procedures for parcel line adjustments and lot line adjustments in accordance with Utah State Code and local land use regulations. The intent of this chapter is to allow owners of real property to adjust common property lines while minimizing delay and expense without the need of a subdivision plat.

   B.   Parcel Boundary Adjustments Not in a Recorded Subdivision

      1.   Approval Required. Prior to the recording of a parcel line adjustment between adjoining properties not located within a platted subdivision, the adjustment must first be approved by the Administrative Land Use Authority if the any of the properties involved includes a dwelling unit.

         a.   Exemption: Approval is not required prior to recording of a parcel line adjustment if the properties involved do not contain a dwelling unit.

      2.   Review. Application and the review of a proposed parcel line adjustment shall follow the procedures listed below:

         a.   Application. An applicant, either an owner of one of the properties or a representative of the owners, shall submit a complete application which shall include:

         (1)   Property owner(s) affidavit acknowledging the consent of each party for the proposed adjustment.

         (2)   Property survey(s) with all existing improvements to the properties;

         (3)   A legal description of the proposed parcel line and of each parcel after the boundary line is changed;

         (4)   A site plan or exhibit serving as a visual depiction of the parcel line adjustment;

         (5)   Any necessary improvement plans, agreements, or additional materials needed for review as determined by the Administrative Land Use Authority.

         b.   Review Procedure. Upon receipt and payment of a complete application, the Administrative Land Use Authority shall commence the review of the parcel line adjustment request. The review shall be completed, with a written response returned to the applicant, within fourteen (14) business days from the date of complete application. The reviewing parties shall review the adjustment for compliance with city zoning and public works standards.

      3.   Final Approval. If the proposed parcel line adjustment complies with all city ordinances and development standards, written approval shall be provided to the applicant by the City Planner or designee.

      4.   Recording. Upon final approval from the Administrative Land Use Authority, the applicant shall record the approved documents at the office of the Salt Lake County Recorder to complete the parcel line adjustment. The parcel line adjustment may be completed by a quitclaim deed or boundary line agreement and shall be accompanied by the following:

         a.   The written notice of approval of the parcel line adjustment by The City of Holladay that recites the legal descriptions of both the original parcels and the parcels resulting from the exchange of title;

         b.   The approved site plan or exhibit depicting the new parcel boundaries and adjacent properties if deemed necessary; and

         c.   Any other documents deemed necessary as part of the parcel line adjustment approval.

      5.   Exception. If the parcel line adjustment is creating a new parcel(s) for the purpose of constructing a dwelling unit, a subdivision plat must be approved, and the provisions of this title must be followed.

      6.   All parcel line adjustments shall comply with applicable state code regulations found under sections 10-9a-523 (property boundary adjustment) and 10-9a-524 (boundary line agreement). A parcel line adjustment shall follow the procedures provided herein unless exempted from local land use authority review as provided in the forementioned state code sections.

   C.   Lot Line Adjustments within a Recorded Subdivision:

      1.   Approval Required. Prior to the recording of a lot line adjustment between adjoining properties within a platted subdivision, the adjustment must first be approved by the Administrative Land Use Authority.

      2.   Review. Application and the review of a proposed lot line adjustment shall follow the procedures listed below:

         a.   Application. An applicant, either an owner of one of the properties or a representative of the owners, shall submit a complete application which shall include:

         (1)   Property owner(s) affidavit acknowledging the consent of each party for the proposed adjustment between the lots.

         (2).   Property survey(s) with all existing improvements to the lots and reference to the subdivision within which the properties are located including easements located on the lots;

         (3)   A legal description of each of the proposed lots after the lot line is changed including any changes to platted easements associated with the lots;

         (4)   A site plan or exhibit serving as a visual depiction of the lot line adjustment. Although not a plat, the site plan or exhibit shall sufficiently represent the new lots and include adjacent lots within the subdivision;

         (5)   Any necessary improvement plans, agreements, or additional materials needed for review as determined by the City Planner, City Engineer, or designees.

         b.   Review Procedure. Upon receipt and payment of a complete application, the Administrative Land Use Authority shall commence the review of the lot line adjustment request. The review shall be completed, with a written response returned to the applicant, within fourteen (14) business days from the date of complete application. The reviewing parties shall review the adjustment for compliance with city zoning and public works standards.

      3.   Final Approval. If the proposed lot line adjustment complies with all city ordinances and development standards, written approval shall be provided to the applicant by the City Planner or designee.

      4.   Recording. Upon final approval from the Administrative Land Use Authority, the applicant shall record the approved documents at the office of the Salt Lake County Recorder to complete the lot line adjustment. The lot line adjustment may be completed by quitclaim deed or boundary line agreement and shall be accompanied by the following:

         a.   The written notice of approval of the lot line adjustment by The City of Holladay that recites the legal descriptions of both the original lots and the lots resulting from the exchange of title;

         b.   The approved site plan or exhibit depicting the new lot boundaries along with adjacent lots within the subdivision; and

         c.   Any other documents deemed necessary as part of the lot line adjustment approval.

      5.   Exception. If the lot line adjustment is creating a new lot(s) or parcel(s) for the purpose of constructing a dwelling unit, a subdivision plat must be approved, and the provisions of this title must be followed.

      6.   All lot line adjustments shall comply with applicable state code regulations found under section 10-9a-608 (5). A lot line adjustment shall follow the procedures provided herein unless an amended plat is required per state statute.

(Ord. 2024-01, 2-1-2024)

   A.   Purpose and Intent: Utah Code 10-9a-605(2) exempts agricultural lands from plat requirements under the certain conditions therein.

   B.   Qualifications of Land for Agricultural Purposes: Agricultural land may be divided or partitioned under this Chapter only under the following circumstances:

      1.   The property must have been solely for agricultural use and actively devoted to agricultural use as defined by Utah Code 59-2-502 and must continue to be used solely for agricultural use in the future.

      2.   All of the lots or parcels must meet the minimum lot size requirements of the applicable zoning district.

   C.   Agricultural Partition Parcels as Buildable Lots: An agricultural partition lot is buildable for only bona-fide agricultural purposes. A parcel created in accordance with this Chapter is not considered a buildable lot for residential, commercial, industrial, or any other non-agricultural purposes.

   D.   Public Improvements and Infrastructure: The City shall not require any public improvements and infrastructure to be installed as a condition of approval for agricultural partitions.

   E.   Use of Property Created Under This Part for Non-Agricultural Purposes: If a lot or parcel created by this part is used for a non-agricultural purpose, the City shall require the lot or parcel to comply with the requirements of the Subdivision and land use provisions of the City.

   F.   Utilities: A Subdivision of land for utility purposes (unmanned facilities such as: substations, regulator stations, towers, etc.) creating a parcel(s) under eight thousand square feet (8,000 ft2) in size may be exempted by the Administrative Land Use Authority for certain provisions of this Title and/or provisions of City Code relating to lot size, frontage, setbacks, and improvements and infrastructure.

   G.   Parent Parcels: The parent parcel from which the agricultural or utility lot(s) is created shall be labeled as a remainder parcel and shall not be part of an approved Subdivision until such time as it complies with the provisions of this Title and other relevant sections of the City Code and has received the applicable land use approval(s).

(Ord. 2024-01, 2-1-2024)