A.

The underlying purpose and intent of this chapter is to promote the health, safety, convenience, and general welfare of the inhabitants of the City in the division or subdivision of land and related matters affected by each subdivision.

B.

Any proposed subdivision and its ultimate use shall be in the best interest of the public welfare and shall be in harmony with good neighborhood development of the area concerned, and the subdivider shall present evidence to this effect when requested to do so by the Planning Commission.

C.

In cases where unusual topographical or other exceptional conditions exist such as sensitive lands, collapsible soils or other conditions necessitating any exceptions from or additional requirements to this chapter, said exceptions or requirements may be set by the Planning Commission and/or the City Engineer.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

No person shall subdivide any tract of land which is wholly or in part within the City boundaries except in compliance with this chapter.

B.

No person shall sell or exchange, or offer to sell or exchange, any parcel of land which is a part of a subdivision of a larger tract of land, or offer for recording in the office of the county recorder 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 chapter.

C.

All lots, plots, or tracts of land located within a subdivision shall be subject to this chapter regardless of whether or not the tract is owned by the subdivider or a subsequent purchaser, transferor, or holder of the land.

D.

The review cycle restrictions and requirements of this section do not apply to the review of subdivision applications affecting property within identified geological hazard areas, including land qualifying as sensitive lands within title 10, chapter 24 of this Code.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

The following words and phrases used in this chapter, in addition to those listed in chapter 3 of this title, shall have the respective meanings hereafter set forth, unless a different meaning clearly appears from the context:

Adjacent landowner means any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.

Affected entity means as stated in statute, a county, municipality, independent special district, local district, school district, interlocal cooperation entity, specified public utility, or the state department of transportation, if:

A.

The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;

B.

The entity has filed with the municipality a copy of the entity's general or long range plan; or

C.

The entity's boundaries or facilities are within one mile of land which is the subject of a general plan amendment or land use ordinance change.

Block means the land surrounded by streets and other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision plat.

Bona fide division or partition of land for agricultural purposes means the division of a parcel of land into two or more lots none of which is less than five acres in an area, and where no dedication of any street is required to serve any such lots or parcels of land so created.

City means Hurricane City, Utah.

City Council means the City Council of Hurricane City, Utah.

City Engineer means the City Engineer of Hurricane City, Utah, or a consulting engineering firm designated as the City Engineer by the City Council.

City Planner means the professional planner of the City, or person designated as such by the City Council.

Communications easement means an exterior easement for placement of facilities intended to be used in connection with the delivery of multichannel video programming services, cable services, information services, or telecommunications or telecommunications services.

Communications infrastructure means facilities planned to be used in connection with the delivery of multichannel video programming services, cable services, information services, telecommunications or telecommunications services, which term shall include, but not be limited to, conduit.

Construction drawings means subdivision improvements plans, as defined herein.

County means Washington County, Utah.

Culinary Water Authority means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

Dedication means land set aside by an owner for any general and public uses.

Easement means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner or owners of said property or properties. The easement may be for use under, on, or above said lot or lots.

Final plat means the final drawing of the subdivision and dedication prepared for filing of record with the county recorder and in compliance with all the requirements set forth in this chapter and adopted pursuant thereto.

General plan means a plan, labeled "General Plan of Hurricane City," including maps or reports or both, which has been approved by the City Council as required by law, or such plan as it may be amended from time to time.

Joint Utility Committee means the representatives of the City, Ash Creek special service district, and franchisee utility companies authorized to review and sign construction drawings.

Lot means a separately delineated parcel of real property having a number and designation shown on a recorded subdivision plat, or a contiguous quantity of real property defined in a deed by metes and bounds which has a separate property identification number according to the records of the county recorder and is not shown on a recorded subdivision plat.

Lot right-of-way means a strip of land of not less than 26 feet wide connecting a lot to a street for use as private access to that lot.

Official zoning map means a zoning map adopted by the City Council pursuant to the provisions of Utah Code Annotated section 10-9a-501, as amended.

Open space means designated land within the subdivision which shall always remain undeveloped, which shall be included in improved parks and recreational areas, or which shall remain all natural.

Person means any individual, corporation, partnership, limited liability company, or partnership, firm, or association of individuals, however styled or designated.

Planning Commission means the Hurricane City Planning Commission. The Planning Commission shall be the "administrative land use authority" as defined in Utah Code Annotated section 10-9a-604.1(1)(b) as amended.

Plat means a map or depiction of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, and streets, or other divisions and dedications.

Review cycle means the occurrence of:

A.

The applicant's submittal of a complete subdivision land use application;

B.

The City's review of that subdivision land use application;

C.

The City's response to that subdivision land use application, in accordance with this section; and

D.

The applicant's reply to the City's response that addresses each of the City's required modifications or requests for additional information.

Sanitary Sewer Authority means the Ash Creek special service district, a public entity with responsibility to review and approve the feasibility of sanitary sewer services or on site wastewater systems within the City.

Security means an escrow agreement, irrevocable letter of credit, or other security instrument given by the subdivider to ensure the proper installation of public improvements.

Street means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than 26 feet wide which has been made public by right of use and which affords the principal access to the abutting property.

Street, arterial means a street, existing or proposed, which serves or is intended to serve as a major trafficway, and is designated on the general plan as a controlled access highway, major street, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.

Street, collector means a street, existing or proposed, which is the main means of access to an arterial street system.

Street, cul-de-sac means a street which originates from a designated City street with no other outlet and forcing a radius turn area, not to exceed 660 feet in length without the written approval of the City Council, the Planning Commission and the Fire Chief.

Street, private means a right-of-way or easement in private ownership not dedicated or maintained as a public street.

Street, residential means a street, existing or proposed, which is supplementary to a collector street and which serves or is intended to serve local needs of a neighborhood.

Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity commencing proceedings under this chapter to effect a subdivision for himself or for another.

Subdivision:

A.

Includes:

1.

The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat or other recorded instrument; and

2.

Except as provided herein, divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.

B.

Does not include:

1.

A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;

2.

A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if no new lot is created and the adjustment does not violate applicable land use ordinances; or

3.

A recorded document executed by the owner of record, revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property, or joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances.

The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a "subdivision" as to the unsubdivided parcel of property or subject the unsubdivided parcel to the provisions of this chapter.

Subdivision application means a land use application for the subdivision of land.

Subdivision improvement plans means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision.

Subdivision ordinance review means review by the City to verify that a subdivision application meets the criteria of the City's ordinances.

Subdivision plan review means a review of the applicant's subdivision improvements and other aspects of the subdivision application to verify that the application complies with City ordinances and applicable installation standards and inspection specifications for infrastructure improvements.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

All subdivisions shall be required to prepare and receive approval of a preliminary and final plat in accordance with the provisions of this chapter, except as follows:

A.

A subdivision creating no more than one new lot may be approved with written approval by City staff without the necessity of preparing and filing a preliminary plat or final plat if:

The proposed subdivision:

1.

Is not traversed by the mapped lines of a proposed street as shown in the general plan unless the City staff has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires;

2.

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

3.

Is located in a zoned area; and

4.

Conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

B.

Agricultural exemptions.

1.

A lot or a parcel resulting from a division of agricultural land is exempt from the plat requirements of this chapter if the lot or parcel:

a.

Qualifies as land in agricultural use under Utah Code Annotated section 59-2-502, as amended;

b.

Meets the minimum size requirement of applicable land use ordinances; and

c.

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

2.

The boundaries of each lot or parcel exempted under subsections (A) and (B) of this section shall be graphically illustrated on a record of survey map that, after receiving the same approvals as are required for a plat under Utah Code Annotated section 10-9a-604, as amended, shall be recorded with the county recorder.

3.

If a lot or parcel exempted under subsection (B)(1) of this section is used for a nonagricultural purpose, the municipality may require the lot or parcel to comply with the requirements of Utah Code Annotated section 10-9a-603, as amended, and the subdivision requirements of this chapter.

C.

Approval required.

1.

Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this chapter unless the written approval required by subsection (A) of this section is attached to the document.

2.

The creation of a lot under subsection (A) of this section shall not be approved until a plan for providing utilities and other required improvements to the proposed lot has been reviewed and signed by members of the Joint Utility Committee. No building permit will be issued for said lot until the approved improvements are constructed and accepted.

D.

Lots or parcels created in violation of this section shall not be issued a building permit until the violation is corrected.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

Notice of proposal to vacate some or all of a public street, right-of-way, or easement. The legislative body shall hold a public hearing and give notice of the date, place, and time of the hearing at least ten days before the public hearing by:

1.

Mailing notice to the record owner of each parcel that is accessed by the public street, right-of-way, or easement;

2.

Mailing notice to each affected entity;

3.

Posting notice on or near the street, right-of-way, or easement in a manner that is calculated to alert the public;

4.

Published on the City's official website until the public hearing concludes; and

5.

Publishing notice on the state public notice website.

B.

Notice for an amendment to a subdivision. For an amendment to a subdivision, the City shall provide notice of the date, time, and place of at least one public meeting.

1.

At least ten calendar days before the public meeting, the notice shall be:

a.

Mailed to the record owner of each parcel directly adjacent of the proposed amendment; or

b.

Posted on the property.

(1)

The applicant must post a sign at least ten days before the public meeting in a visible location, that is sufficient in size, durable, and legible by passers-by.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

Designation of Administrative Land Use Authority. The Planning Commission is designated as the Administrative Land Use Authority that reviews and approves or denies preliminary subdivision applications; provided, however, that the review and approval of subdivisions creating no more than one new lot under section 10-39-4 of this chapter is governed by that section.

B.

Pre-application meetings.

1.

If an applicant requests a pre-application meeting, the City shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.

2.

At the pre-application meeting, the municipal staff shall provide or have available on the municipal website the following:

a.

Copies of applicable land use regulations;

b.

A complete list of standards required for the project;

c.

Preliminary and final application checklists; and

d.

Feedback on the concept plan.

C.

Review of preliminary plat application.

1.

Off-site extension of water mains shall be approved pursuant to section 8-1-8 of this Code prior to submittal. Off-site extension of power lines shall be approved pursuant to section 8-4-3 of this Code prior to submittal.

2.

Preliminary plat applications shall comply with all requirements of this title and Utah Code Annotated title 10, chapter 9a, as amended.

3.

The applicant shall:

a.

Obtain and complete a preliminary plat application form and application checklist; and

b.

Have the proposed plat prepared by a licensed engineer or surveyor.

4.

The applicant shall submit the completed application, proposed plat, subdivider's agreement set out in section 10-39-12, and the required fees to the Planning Department.

5.

Planning Department staff shall review the submitted documents for completeness. Any proposed preliminary plat that, on its face, fails to comply with an applicable zoning ordinance or development agreement, shall render the application incomplete, and the applicant shall be notified of the incomplete application.

6.

Upon the Planning Department's determination of a complete application, the proposed preliminary plat shall be submitted for review to the Joint Utility Committee and appropriate City departments.

7.

No later than 15 business days after the day on which an applicant submits a complete preliminary subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes, the Joint Utility Committee and appropriate City departments shall complete the initial review of the application.

8.

Upon the completion of the initial review of the application, the Zoning Administrator shall place the application on the next available Planning Commission agenda for a public hearing and consideration by the Planning Commission.

9.

Applicant or applicant's authorized representative shall appear at the scheduled meeting before the Planning Commission to present the proposed preliminary plat and answer questions.

10.

The Planning Commission may approve, deny, or approve with conditions a proposed preliminary subdivision plat.

11.

If a preliminary subdivision plat application complies with applicable municipal ordinances and the requirements of Utah Code Title 10, Chapter 9a, as amended, the Planning Commission shall approve the preliminary plat application.

Approval of the preliminary subdivision plat by the Planning Commission shall authorize the subdivider to proceed with the preparation and review of a final subdivision plat application; provided, however, that an applicant may submit a final subdivision plat application to be processed concurrently with a preliminary subdivision application.

After preliminary subdivision plat approval from the Planning Commission, a complete application for final subdivision plat approval must be submitted within one year of the preliminary plat approval date or the preliminary subdivision plat approval shall expire. The Planning Commission may authorize a onetime extension not to exceed one year, provided that a written request for extension is received by the City before the one year time period has expired.

Approval of a preliminary subdivision plat by the Planning Commission shall not constitute approval of the subdivision improvement plans.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

The preliminary plat shall include or be accompanied by the following:

A.

Description. In a title block located in the lower right hand corner of the sheet the following is required:

1.

The proposed name of the subdivision.

2.

The location of the subdivision, including the address and the section, township and range.

3.

The names and addresses of the owner or subdivider if other than the owner.

4.

Date of preparation and north point.

5.

Scale shall be of sufficient size to adequately describe in legible form all required elements.

B.

Existing conditions. The preliminary plat shall show:

1.

The location of the nearest monument.

2.

The boundary of the proposed subdivision and the acreage included.

3.

All property contiguous to the property to be subdivided and under the control of the subdivider, even though only a portion is being subdivided. (Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective street system of the unplatted parts of the subdivider's land shall be submitted, and the street system of the part submitted shall be considered in light of existing master street plan or other commission studies). And all property contiguous to the proposed subdivision.

4.

The location, width and names/numbers of all existing streets within 200 feet of the subdivision and of all prior streets or other public ways, easements, utility rights-of-way, parks and other public open spaces, within and adjacent to the tract.

5.

The location of all wells and springs or seeps, proposed, active and abandoned, and of all reservoirs or ponds within the tract and at a distance of at least 100 feet beyond the tract boundaries.

6.

Existing ditches, canals, natural drainage channels and open waterways and proposed realignments.

7.

Contours at vertical intervals not greater than five feet.

8.

Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units including fault lines, shallow ground water, and windblown sand) and recommendations for their mitigation.

C.

Proposed plan. The subdivision plans shall show:

1.

The layout of streets, showing location, widths and other dimensions of proposed streets, crosswalks, alleys and easements.

2.

The layout, numbers and typical dimensions of lots. Designation of buildable area is required for each lot.

3.

Parcels of land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision.

4.

Easements for water, sewers, drainage, utilities, lines and other purposes.

5.

Street cross sections and street grades.

6.

A plan or method by which the subdivider proposes to handle the stormwater drainage for the subdivision.

7.

Approximate radius of all centerline curves on highways or streets.

8.

Each lot shall abut a street shown on the subdivision plat or on an existing publicly dedicated street.

9.

All remnants of lots below minimum size left over after subdividing of a larger tract shall be added to adjacent lots or common areas, rather than allowed to remain as unusable parcels.

10.

Where necessary, copies of any agreements with adjacent property owners relevant to the proposed subdivision shall be presented to the Planning Commission.

11.

A letter from both the local sanitary sewer provider and culinary water provider indicating availability of service.

12.

If the subdivision is to be built in phases, the plat shall show possible phasing lines.

13.

A tentative plan or method for providing nondiscriminatory access to the subdivision for purposes of placement of communications infrastructure, and for purposes of placement of utility infrastructure.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

As part of a complete final plat application, the applicant shall have subdivision improvement plans prepared by a licensed engineer for all on site and required off site improvements in accordance with the following:

A.

Final plan and profile must be prepared in accordance with:

1.

Current Hurricane City land use ordinances;

2.

Current Hurricane City standards and specifications;

3.

Hurricane City drainage manual;

4.

Ash Creek special service district construction standards;

5.

Hurricane City power standards and specifications;

6.

Applicable building code;

7.

Applicable fire code; and

8.

Dixie Escalante power standards and specifications, if applicable.

B.

Specific geotechnical recommendations for the design and construction of the proposed subdivision shall include the following if applicable:

1.

A general assessment of the requirements needed to develop on the site.

2.

Site preparation and grading and the suitability of on site soils for use as structural fill.

3.

Stable cut and fill slopes including recommendations concerning the effects of material removal and the introduction of water.

4.

Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible, or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.

5.

Anticipated total and differential settlement.

6.

Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.

7.

Design criteria for restrained and unrestrained retaining or rockery wall.

8.

Moisture protection and surface drainage.

C.

Subdivision improvement plans are valid for 24 months after final signature. Subdivision improvement plans signed more than 24 months prior to construction of improvements shall be expired. For a project where construction has started and all improvements shown on the plan will be constructed, the Public Works Director may permit construction to continue. Subdivision improvement plans showing multiple phases of a project are valid only for those improvements constructed within the first 24 months of approval. New approvals must be obtained and any new standards shall apply for future phases or delayed projects.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

Once the preliminary plat is approved, applicant shall submit a complete final plat application, application checklist, subdivision improvement plans, an electronic copy of the final plat, required fee, and any other required documents to the Planning Department.

B.

Planning Department staff shall review the submitted documents for completeness. Upon the Planning Department's determination of a complete application, the proposed final plat and subdivision improvement plans shall be submitted for review to the Joint Utility Committee and appropriate City departments.

1.

Subdivisions of single family homes, duplexes, and townhomes: No later than 20 business days after the day on which the applicant submits a complete final plat application, the City shall complete a review of the applicant's final subdivision land use application, including subdivision plan reviews.

a.

In reviewing a subdivision land use application, any member of the Joint Utility Committee or applicable City department may require:

(1)

Additional information relating to an applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and

(2)

Modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.

(3)

Requests under subsections (1) and (2) above shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be indexed by the Public Works Director and provided to the applicant.

(4)

Except for a modification or correction necessary to protect public health and safety or to enforce state or federal law, and unless a change or correction is necessitated by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a City's subdivision improvement plan review is waived.

b.

No later than 20 business days after the City has returned requested modifications or additions to the applicant, the applicant shall provide to the City:

(1)

Revised subdivision improvement plans.

(2)

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.

(3)

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

(4)

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.

(5)

If an applicant does not submit a revised plan within 20 business days after the municipality requires a modification or correction, the municipality shall have an additional 20 business days to respond to the plans.

c.

After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the City's previous review cycle, the City's previous review cycle, the City may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.

d.

If a final subdivision application complies with the requirements of applicable City ordinances, Utah Code Annotated title 10, chapter 9a, as amended, and the preliminary subdivision approval, the City shall approve the final subdivision application.

2.

Subdivisions not consisting of single family homes, townhomes or duplexes: The Joint Utility Committee shall review and redline the completed plans.

a.

When redlines are completed the Public Works Director shall prepare a summary of needed changes and return redlined plans to the applicant.

b.

Applicant shall then submit corrected construction drawings addressing all redlined items to the City Engineer for review and verification that all redlines have been addressed.

c.

Applicant shall then submit three copies of the corrected construction drawings to the City Engineer for possible signature. After the City Engineer signs, applicant must obtain all required signatures and return signed plans to Public Works Director for final signature.

3.

The process laid out in subsection (1) of this section for subdivisions consisting of single family homes, townhomes, or duplexes shall constitute one review cycle. No more than four review cycles for a subdivision improvement plan review may be required, except as otherwise provided herein. The City may not, outside of the review cycle, engage in a substantive review of the required infrastructure improvements.

4.

Any dispute involving the review of subdivisions consisting of single family homes, townhomes, or duplexes if, on the fourth or final review, the City fails to respond within 20 business days, the City shall, upon request of the property owner, and within ten business days after the day on which the request is received:

a.

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

b.

For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the City Appeals Board pursuant to section 10-7-19 of this Code.

5.

If an applicant makes a material change to a plan set, the City Engineer has the discretion to restart the review process of the final plat application, but only with respect to the portion of the plan set that the material change substantially affects.

C.

Once the final plat approval staff has granted approval of a final plat and a bond or other financial security is in place in accordance with section 10-39-13 of this chapter, the subdivider may schedule a preconstruction meeting with the City Public Works Department. Upon receipt of written notice to proceed from City, construction of the subdivision may proceed. No construction shall be permitted prior to receipt of written notice to proceed.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

Required information. The final plat shall show:

1.

The name or designation of the subdivision that is distinct from any plat already recorded in the county recorder's office, as approved by the Planning Commission.

2.

The boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the owner proposes that any parcel of ground is intended to be used as a street or for another public use, and whether any such area is reserved or proposed for dedication for a public purpose.

3.

The lot or unit reference, block or building reference, street or site address, street name or coordinate address, acreage or square footage of all parcels, units, lots, and the length and width of the blocks and lots intended for sale.

4.

Every existing right-of-way and easement grant of record. Where the same is granted to a specific entity, that entity must be clearly identified.

5.

True angles and distances to the nearest established street lines or official monument, which shall be accurately described on the plat and shown by appropriate symbols.

6.

All street centerline data must be shown, together with its relationship to the property lines, corners, etc.

7.

The accurate location of all monuments shall be shown on the plat, and shall be identified, including all United States, state, county or other official monuments.

8.

The dedication to the public of all streets and highways included in the proposed subdivision (except approved private streets).

9.

Street monuments to be installed by the subdivider in accordance with the requirements of the City standards. Locations of said monuments shall be approved by the City Engineer and indicated on the subdivider's plat by the appropriate symbols.

10.

Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed or covenant for common uses by all property owners.

11.

Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement and maintenance of such streets shall be obtained from the public agency or utility company and entered on the final plat in a form approved by the City Attorney.

12.

The parent parcel number, as shown on the records of the Washington County Recorder.

B.

Required forms and certificates. In addition the final plat shall contain the standard forms for the following:

1.

A registered professional land surveyor's signed certificate of survey, together with a statement that:

a.

The surveyor holds a license in accordance with Utah Code Annotated title 58, chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;

b.

The surveyor has completed a survey of the property described on the plat in accordance with Utah Code Annotated section 17-23-17 and has verified all measurements; and

c.

Has placed monuments as represented on the plat.

2.

The owner's certificate of dedication of all streets, roads, rights-of-way or other parcels intended for the use and benefit of the general public.

3.

Mortgagee or other lienholder's consent to record, if applicable.

4.

A notary public's acknowledgment of the signature of the mortgagee or each owner signing the plat.

5.

Certificate of approval of Ash Creek special service district.

6.

A note stating as follows: Hurricane City operates a municipal culinary water system with limited water supply. Approval of a plat by Hurricane City does not guarantee that sufficient water will be available to serve lots depicted on any plat. Any land use applicant may be required by Hurricane City to provide a guarantee of water availability. If there is any approval without a water guarantee, the applicant assumes the entire risk of water availability for a platted lot.

7.

Certificate of approval and acceptance by the City as evidenced by the signature of the Mayor.

8.

Certificate of approval of the City Engineer.

9.

Certificate of approval as to form executed by the City Attorney.

10.

A one and one-half inch by five-inch space in the lower right hand corner of the drawing for the use of the county recorder.

11.

Certificate of approval of the county treasurer.

C.

Other information required. The following information or documentation shall be submitted with the final plat or prior to recordation:

1.

A sworn statement or title report stating that all taxes or special assessments payable on all property within the limits of the subdivision are paid in full.

2.

An original copy for staff review of the proposed deed restrictions or CC&Rs in proposed final form with signature lines for all owners of any interest in the subdivision who would sign the final subdivision plat must be submitted with final plat application. After being approved by staff this document shall be signed, acknowledged by a notary public, and recorded in the office of the county recorder prior to or concurrently with the final plat.

3.

An up-to-date title or subdivision report for the property being subdivided. Applicant is responsible to ensure the final plat addresses and accounts for liens, easements, and other encumbrances on the property being subdivided.

4.

Mylar of approved final plat submitted and reviewed for substantial conformance with paper final plat.

5.

Applicant shall be responsible to provide any additional information requested by the county recorder, including electronic versions of mylars.

D.

Requirements for recordation.

1.

Final plat approval.

2.

Bond or other financial security in place.

3.

Final title or subdivision report prepared and submitted to the City Attorney with an effective date within 30 days of the date the mylar is recorded.

4.

Proof of satisfaction of payment of any water impact fee due Washington County Water Conservancy District, if applicable.

5.

For property to be dedicated to the City for streets, roads, rights-of-ways, or other parcels intended for the use and benefit of the general public, free and clear title to the property, unless the encumbrance is an easement the acceptance of which will not adversely affect the public. Provided, however, that appropriate mortgagee or other lienholders' consent to record the final subdivision plat shall be adequate for purposes of this section to address liens recorded against the property.

6.

All signatures must be on the mylar, including property owners of record according to the title report, City officials and Ash Creek special service district superintendent. The City Attorney shall be the last signer of the mylar just prior to recordation.

7.

Preliminary acceptance by City of all public and private improvements as shown on approved construction drawings.

8.

If submitted mylar shows material changes from the approved paper final subdivision plat, applicant shall submit an application for an amended plat and get approval of the amended plat before recordation will be permitted to occur.

E.

Recordation of plat. Applicant shall be responsible to coordinate with the City Attorney for the recording of the final plat and for the payment of any recording fees. Applicant shall be responsible to ensure that, after the City Engineer signs a final subdivision plat mylar, the remaining conditions to qualify the mylar for recording are accomplished and the mylar is recorded with the county recorder within one year of the date of the City Engineer's signature. Failure to record the final plat within one year of the date of final signature by the City Engineer shall result in revocation of the final plat. When a final plat is revoked, a new preliminary plat must be approved before applying for new final plat approval.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

Relation to adjoining street systems.

1.

The arrangements of streets in new subdivisions shall make provision for the continuation of the existing streets to adjoining areas insofar as such may be deemed necessary by the Planning Commission for public requirements. New streets within subdivisions shall not preclude future access to adjoining properties.

2.

Standard residential streets shall approach the arterial or collector streets at an angle of not less than 80 degrees.

3.

Except as otherwise provided elsewhere in this Code, all subdivision streets and roadways shall be constructed and installed in accordance with the City roadway construction standards.

B.

Fencing.

1.

Where required. A solid masonry, chainlink or other nonclimbable fence not less than six feet in height shall be installed on both sides of existing supply irrigation ditches or canals, or bordering open reservoirs or nonaccess streets, and which are located within or adjacent to the subdivision, except where the Planning Commission determines that park areas including streams or bodies of water shall remain unfenced.

2.

Prevent nuisance or hazard. The Planning Commission may also require the construction or installation of a fence in any subdivision where the Planning Commission determines that the absence of a fence may create a nuisance or hazard to the welfare of the residents of the subdivision or the adjoining property.

3.

Agricultural fencing. Unless otherwise waived by affected agricultural property owners, fencing abutting agricultural property shall be required of subdivider. Fencing shall meet or exceed the standard Utah Department of Transportation ("UDOT") Right-of-Way Fencing and Gates as described in UDOT's then-applicable Standard Specifications for Road and Bridge Construction, consisting of wire mesh and two strands of barbed wire. The affected agricultural property owner shall have the option to pay the additional cost to install a fence beyond this minimum standard. The fence, design, and materials shall be approved with the construction drawings for the subdivision together with other subdivision improvements.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

Subdivider shall guarantee improvements in accordance with the following:

A.

Completion of improvements before recordation. If subdivider desires to construct improvements as shown on approved construction drawings prior to recordation:

1.

Recordation of the plat shall not occur until the improvements required in connection with the subdivision have been completed and conditionally accepted.

2.

Subdivider shall provide guarantee of conditionally accepted improvements in a form acceptable to the City as shown in subsection C of this section in the following amount:

a.

Ten percent of the total cost of all the required improvements shall be retained by the City during the 12-month (24-month if applicable) warranty period.

B.

Recordation before completion of improvements. If the subdivider desires to have a plat recorded prior to construction of improvements subdivider shall guarantee completion, within two years from the date of final plat approval by the City Council, of installation and construction of the required improvements in compliance with all City standards.

C.

Form of surety. In order to guarantee completion of improvements, subdivider shall provide one of the following types of sureties or guarantees:

1.

Escrow. The subdivider shall deposit with any insurance company, bank, or savings and loan institution in an escrow account an amount of money equal to at least 115 percent of the estimated costs of the improvements not constructed or installed by the subdivider plus ten percent of the cost of all the required improvements of the subdivision as a guarantee amount, as determined by the City Engineer. The escrow agreement shall be subject to approval by the City Attorney and shall be signed by the subdivider, the City, and the escrow holder, and shall contain substantially the following language:

AGREEMENT

The undersigned hereby promises and warrants that it has on deposit in an escrow account for the benefit of Hurricane City Corporation, the sum of _____ ($_____), which represents at least one hundred fifteen percent (115%) of the costs of the engineer's estimated costs for improvements not constructed or installed by the subdivider plus ten percent (10%) of the cost of improvements of the _______ subdivision.

The undersigned hereby agrees that the foregoing sum of money shall be used exclusively for the purpose of paying for the costs of materials, construction, and installation of the improvements required by the Hurricane City Subdivision Chapter. The undersigned further agrees that the money held in an escrow account shall be paid out to the contractors installing and constructing the required improvements only upon approval of the City. The subdivider shall not withdraw from the escrow account any amount in excess of 100% of the estimated cost of the improvements, but shall pay from other sources any costs for such improvements which exceed the engineers estimate approved by the City.

After all improvements are made, completed and preliminarily accepted by the City, a sum equal to 10% of the estimated costs of improvements shall remain with the escrow holder for a period of 12 months as a warranty that all improvements are installed and inspected to City specifications, and that all defects occurring within the first 12 months (24 months if applicable) are corrected and approved by the City.

If, after 12 months (24 months if applicable), all or any part of the required improvements are not installed, constructed, and maintained according to the standards required in the Hurricane City Subdivision Ordinance, Hurricane City shall notify in writing the subdivider and escrow holder of the defects and shall make demand on the subdivider that the defects be corrected. If the defects are not corrected within 30 days, Hurricane City may correct the defects and charge to the escrow holder the costs of correcting the defects.

The escrow holder shall, on receiving reasonable proof from Hurricane City of the defect and that Hurricane City has incurred the cost of correcting the defect, pay to Hurricane City from the escrow account the cost of correcting the defect, and the escrow holder shall be held harmless by the parties by reason of payment to Hurricane City.

If, 12 months (24 months if applicable) after preliminary acceptance of the improvements required by City's standards and specifications and shown on approved construction drawings, the required improvements remain substantially free from latent defects, Hurricane City shall certify such fact to the escrow holder, and the escrow holder shall release to the subdivider any money still held in the escrow account, and the escrow holder shall be discharged of its obligations to Hurricane City.

(Authorized Signature)

The escrow agreement may contain such additional provisions as the parties deem necessary.

2.

Irrevocable letter of credit. The subdivider shall file with the City 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 that required in the escrow agreement.

The form of the irrevocable letter of credit shall be substantially as follows:

Name of Bank:

Address:

IRREVOCABLE LETTER OF CREDIT

To: Hurricane City Corporation

Date:

Letter of Credit No.:

Gentlemen:

We hereby establish our irrevocable letter of credit in your favor for the account of _______, _______, (insert name of subdivider, subdivider's address) up to the aggregate amount of _____ ($_____) (insert amount equal to one hundred fifteen percent, i.e., 115% of the estimated costs of the improvements not constructed or installed by the subdivider plus ten percent [10%] of the cost of all improvements of the subdivision as determined by the Engineer) drawn at sight on _______, _______, (insert name of bank, address of bank), accompanied by a statement signed by an officer of Hurricane City Corporation as follows: "We certify that the improvements related to the _______ (insert name of subdivision) have not been completed and the defects corrected in accordance with city ordinances and that this drawing represents the amount necessary to complete those improvements."

We hereby agree with drawers, endorsers and bona fide holders that all drafts under and in compliance with the terms of this credit will be duly honored upon presentation and delivery of documents as specified to the drawee or drawn and presented at our bank for negotiation on or before _______ (insert completion date plus 90 days). This Irrevocable Letter of Credit automatically renews for a one year term at the end of every term unless the Authorized Bank Officer provides Hurricane City written notice of termination thirty (30) days prior to the end of the term.

Very Truly Yours,

Authorized Bank Officer

D.

Release of funds. As the required improvements are satisfactorily installed and have been inspected by the City, funds which have been placed in escrow for those improvements will be authorized to be released for payment of those improvements. Escrow holder is authorized to release funds from this account only after receiving a written release from City. The City is not responsible to determine the party to be paid.

After all required improvements have been installed, the subdivider shall notify the City and request that the subdivision be granted preliminary acceptance and begin the warranty period. The subdivision will then be inspected by City, and if all improvements have been completed in accordance with City ordinances and specifications, as built plans have been delivered to the Public Works Department, and a final grading plan has been submitted, the City will grant preliminary acceptance. The subdivision will then begin the 12-month (24-month if applicable) warranty period. Ten percent of the total cost of all the required improvements, as specified above, shall be retained by the City during this warranty period.

All funds in escrow surplus to the warranty amount may then be released by the City.

The purpose of retaining the ten percent warranty amount is to guarantee that the improvements have been installed correctly and that they function properly. If any improvements have not been installed correctly or fail to function properly, and the subdivider fails to correct the deficiencies within 30 days of notification thereof, then upon written notice by the City, escrow shall pay over to the City the amount necessary to complete, repair, or replace said improvements.

In the event the costs of completing, repairing, or replacing the unsatisfactory improvements exceed the amount remaining in the escrow account, the subdivider shall, within ten days of notice thereof, pay the excess amount to the City and shall also cause to restore the escrow account or irrevocable letter of credit to the prescribed ten percent warranty amount. The City shall not issue any building permits for the subdivision until the above referenced excess costs have been paid to the City and the warranty amount (ten percent of the total cost of improvements) has been restored.

E.

Offsite Improvements. Any Subdivider or Developer constructing offsite improvements in conjunction with or in support of a development under this Title shall provide a surety or guarantee to Hurricane City in a form described above in Section (C). For purposes of this requirement, an offsite improvement means an improvement located on property that is not owned by the Subdivider or Developer. The surety or guarantee shall be provided prior to the City's issuance of a notice to proceed with construction of the offsite improvements and the onsite improvements that will be supported by the offsite improvements.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024; Ord. No. 2025-21, 10-16-2025)

Upon completion of construction and installation of all required improvements, subdivider shall warrant that said improvements shall be and shall remain free from defects in material and workmanship for a period of 12 months after the date of preliminary acceptance by City, unless said warranty period is extended for a period of up to 24 months by the City Council upon a finding that a warranty period of 12 months is inadequate to protect the public health, safety and welfare for any of the following reasons:

A.

The prior poor or substandard performance by the subdivider or contractor responsible for construction and installation of the improvements;

B.

The presence or existence of unstable soil conditions within the subdivision or adjacent area;

C.

Extreme fluctuations in climatic conditions that would or could reasonably prevent the discovery of substandard or defective performance within a 12-month period; or

D.

Any other exceptional reason or circumstances which in good faith is determined by the City Council to require a longer warranty period.

The subdivider shall be responsible to make all repairs to and maintain the improvements and every part thereof in good working condition during the guarantee period without cost to the City.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

In order to enforce compliance with this chapter, the Building Official shall not issue any permit for the proposed erection, construction, reconstruction, alteration of any structure, or use of any land until the provisions of this chapter have been meet. No City officer or employee shall issue any permit or license for the construction or installation of any building or structure or use on any subdivision lot until the following conditions have been met:

1.

Such subdivision plat shall have been approved and recorded in the office of the county recorder.

2.

Infrastructure improvements shown on approved construction plans for the subdivision:

a.

Have been constructed and installed and preliminarily accepted; or

b.

The City has received and accepted an improvement completion assurance for the subdivision in accordance with this chapter, and the following improvements have been constructed, installed, tested and accepted in accordance with the requirements of the building or fire code:

(1)

A road base of untreated, compacted and graded gravel;

(2)

Sewer, storm drains and storm drain facilities;

(3)

Curb and gutter unless otherwise not required by this Code;

(4)

Water system, including water lines and hydrants; and

(5)

Power lines.

B.

All required improvements must be complete within 12 months of notice to proceed.

C.

The City may call upon the improvement completion assurance filed with the City for all improvements not completed within 12 months of the notice to proceed or when the first building within the subdivision seeks an occupancy permit, whichever is sooner.

D.

It shall be prohibited for anyone to start construction on any building within a subdivision until they have fulfilled the requirements of this chapter.

E.

Any license or permit issued in conflict with this chapter shall be null and void.

F.

Notwithstanding the provisions of subsection A above, a building permit may be issued for:

1.

A single model home in a subdivision may be given a building permit under the following conditions:

a.

The subdivision plat has been recorded and the project meets the bonding requirements of this chapter.

b.

The subdivision has a total of ten units/lots or more.

c.

The Hurricane Valley Fire District has confirmed that all fire protection requirements for the subdivision have been satisfied as determined by the District.

d.

The proposed model home is within 250 feet of a functional fire hydrant.

e.

A model home must be identified on the subdivision construction drawings and approved by the Joint Utility Committee.

f.

Approval, amendment or denial authority; findings: A model home approved pursuant to this paragraph requires a site plan. The Zoning Administrator has the authority to approve, require amendments to, or deny the site plan. In approving a model home site plan, the following findings shall be made:

(1)

The design of the improvements:

(A)

Is consistent with the preliminary plat and its conditions.

(B)

Is consistent with the zoning requirements of the zone.

(C)

Will not adversely affect the public health, safety and welfare.

(2)

Signage is consistent with the City sign regulations.

(3)

There is adequate off-street parking.

(4)

All weather surface access is provided to the model home and parking areas.

(5)

Fire protection is provided to the site and approval by the Hurricane Valley Fire District.

(6)

Sanitary facilities are provided at the site for public use.

(7)

A dumpster is provided for the site.

2.

A model home complex (multiple model units) within a master-planned community with a planned development overlay upon approval by the City Council of an amendment to the development agreement stating the terms and conditions for issuance of the building permit.

3.

An occupancy permit may only be issued for a model home if the subdivision meets the standards contained within this chapter and the home meets all other building code requirements.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2023-07, 5-18-2023; Ord. No. 2024-11, 8-15-2024)

The procedure for consideration and approval of any addition, alteration, modification, or change to an approved plat shall be substantially the same as is required for initial plat approval unless the Zoning Administrator determines that such addition, alteration, modification, or other change does not constitute a significant change from the intent or effect of the approved plat.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

The following fees are hereby established:

A.

Preliminary plat application fee. At the time of filing of the preliminary plat, the subdivider shall deposit with the City a nonrefundable fee made payable to Hurricane City. The City Council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the City for the expense of checking and reviewing such final subdivision plats.

B.

Final plat application fee. At the time of filing the final plat, the subdivider shall deposit with the City a nonrefundable fee made payable to Hurricane City. The City Council shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the City for the expense of checking and reviewing such final subdivision plats, and inspecting subdivision improvements.

C.

Habitat conservation fee. Before plat is released for recordation, subdivider shall pay applicable per acre habitat conservation impact fee to City.

D.

Recording fee. At the time of recording the final plat, the subdivider shall be responsible for payment of the recording fee.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)

A.

Penalty. Any subdivider or other person who shall violate or fail to comply with any of the provisions for this chapter shall be guilty of a class B misdemeanor, and punished as provided by law upon conviction.

B.

Validity. 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 chapter.

(Ord. No. 2024-01, 1-4-2024; Ord. No. 2024-11, 8-15-2024)