The purpose of this chapter is to:

1.

Protect and provide for the public health, safety, and general welfare of Kamas City.

2.

Guide the future growth and development of Kamas City, in accordance with the General Plan.

3.

Encourage the orderly and beneficial development of land within the municipality.

4.

Protect the integrity of buildings, land and improvements, and to minimize the conflicts among the uses of land and buildings.

5.

Provide a beneficial relationship between the uses of land, buildings, traffic circulation and the proper location and width of streets and building setbacks.

6.

Establish reasonable standards of design and procedures for subdivisions, plat amendments, and lot line adjustments, in order to further the orderly layout and use of land; and to insure proper legal descriptions and recordation of subdivided land.

7.

Insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.

8.

Encourage the wise use and management of natural resources in order to preserve the integrity, stability and aesthetics of the community.

9.

Continue the rural development and variety of structural design within residential zones.

10.

Provide for open spaces through the most efficient design and layout of the land, while preserving the density of land as established in the Kamas City Land Use Ordinance.

11.

Protect and preserve sensitive lands as outlined in the Kamas City Ordinances.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

KMC 15.18 of this land use ordinance distinguishes between the processes of subdivision and land division including all subdivisions, plat amendments, plat vacations, and lot line adjustments. This section addresses applications for land divisions other than subdivisions. This process involves:

1.

Initial contact required for plat amendments, plat vacations, and lot line adjustments. An applicant for a plat amendment, plat vacation or lot line adjustment shall contact the city planner to discuss the scope and purpose of the application and the requirements of this chapter.

2.

Preliminary review. The applicant shall meet with the city planner and/or staff and provide drawings in sufficient detail to allow review of the proposal for compliance with this section and to direct the applicant to the appropriate process.

3.

Administrative review. The city planner shall review each complete proposal and may seek the advice and input of other staff, municipal departments, and/or utility providers. The review shall include, but not be limited to the following:

a.

Does the application meet the requirements of this code?

b.

Are all the lots suitable for building?

c.

Are hazardous areas or conditions present, and if so, have the conditions been abated?

d.

Do all lots border public streets?

e.

Are water and sewer connections available?

f.

Is the subdivision consistent with the General Plan?

g.

Will the development enhance the character and aesthetics of the community?

4.

Planning commission public meeting. The planning commission shall hold a public meeting on the application and recommend its approval, denial, or modification to the Kamas City Council.

5.

City council public meeting. The city council shall hold a public meeting based on the planning commission recommendation on the application, and shall approve, deny or approve with conditions. (The city council public meeting may be held for both preliminary and final plats.)

6.

Definition of property lines for utility requirements. For the purposes of this chapter only, the following definitions shall apply:

a.

The following shall apply for simple lot subdivisions and minor subdivisions (five lots or less). For purposes of water and sewer connection, the property line is defined as that property line of a lot or parcel of land that fronts on a dedicated street where water and sewer exist. Water and sewer will be considered at the property line in a minor subdivision if they are within 120 feet of the property on either side of the street. No connection fees will be collected until such time as a building permit is issued to the property owner. The builder/property owner will bear the entire cost of installing the water and sewer laterals from the main line to the property. This cost is in addition to the standard Kamas City sewer and water connection and impact fees.

b.

The following shall apply for major subdivisions (six lots or more). Water and sewer connection shall be required to be stubbed to each lot where meter placement would occur. No connection fees will be collected until such time as a building permit is issued to the property owner. The developer/property owner will bear the entire cost of extending the water and sewer lines from the main line to the end of the subdivision. This cost is in addition to the standard Kamas City water and sewer connection and impact fees. Other public utilities continue to be required to be brought to the deeded property line of each lot or parcel.

(Ord. 2015-04, 11/10/2015; Ord. 2019-03, 2/12/2019; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

Except as otherwise provided for in this title, this section applies to all subdivisions. Additional requirements for specific subdivision types are provided for in this chapter.

1.

Administrative land use authority.

a.

The planning commission is designated as the administrative land use authority for preliminary subdivision applications.

b.

The city planner is designated as the administrative land use authority for final subdivision applications subject to the provisions of this chapter.

2.

Optional pre-application meeting for subdivision applications. An applicant for a subdivision may contact the city planner to discuss the scope and purpose of the application and the requirements of this chapter and meet with the city planner and/or staff to provide drawings in sufficient detail to allow review of the proposal for compliance with this section and to direct the applicant to the appropriate process. Within 15 business days of receiving a request to discuss a concept prior to an application, the city planner shall schedule a meeting with the applicant at which the city planner shall provide: (i) copies of applicable land use regulations; (ii) a complete list of standards required for the project; (iii) preliminary and final application checklists; and (iv) feedback on any concept plan submitted by the applicant.

3.

Completeness review for subdivision applications. Each subdivision application shall be carefully checked by the city planner to determine whether or not it is complete.

a.

If it is concluded that the subdivision application is not complete, the city planner shall notify the applicant in writing within 30 business days of receipt:

i.

That the application is incomplete; and

ii.

The specific components of the application deemed insufficient to constitute a complete application.

b.

Upon notice being given, an application deemed incomplete shall be terminated after 120 calendar days if all the necessary components to complete the application have not been submitted.

4.

Initial review. If the application is determined to be complete, the city planner shall review the complete preliminary subdivision application and shall seek the advice and input of other staff, municipal departments, and/or utility providers. Within 30 business days of receipt of the complete application, and after receiving input from relevant providers, departments, and staff, the city planner shall provide written comments to the applicant. The review shall include, in addition to those requirements identified in the section applicable to the specific type of subdivision (i.e. KMC 15.18.050 for Major Subdivisions), but not be limited to the following:

a.

Does the application meet the requirements of this code?

b.

Are all the lots suitable for building and do any lots contain sensitive lands?

c.

Are hazardous areas or conditions present, and if so, have the conditions been abated?

d.

Do all lots border public streets?

e.

Are water and sewer connections available?

f.

Is the subdivision consistent with the General Plan?

g.

Will the development enhance the character and aesthetics of the community?

(Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

An applicant may subdivide property by metes and bounds into two lots or parcels provided the proposed lots or parcels front a dedicated public street and comply with the applicable zone standards. This process should be completed in the following manner:

1.

An applicant shall submit an application and applicable fees to the city planner for a simple lot subdivision that includes at a minimum:

a.

The name of the applicant or authorized agent and contact information.

b.

The property address and parcel number.

c.

The metes and bounds description of the property proposed to be split.

d.

Any other information that may be required by the city planner.

2.

No building permits will be approved on a lot or parcel until such time as the applicant provides water and sewer hook-ups to that lot or parcel. The applicant will be required to turn in water shares to Kamas City prior to issuance of a building permit.

3.

All other design standards set forth in KMC 15.21, General Design Standards for Subdivisions, are not applicable to a simple lot subdivision unless specifically required by the Kamas City Council.

4.

Adoption of final subdivision plat. Upon a determination that the proposed plat is consistent with the General Plan, meets all Kamas City Subdivision requirements and receives approval from the Kamas City Public Works, the planning commission and city council may approve a final subdivision plat as provided above. The applicant may then have a mylar printed for signatures and recordation.

5.

Applicants shall only be able to apply for one simple lot subdivision per parcel or lot. Subsequent subdivision of the same parcel must be made as a minor subdivision or subdivision application.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

An applicant may subdivide property by metes and bounds into five lots or less if the property fronts a city street in the following manner:

1.

An applicant shall submit an application with applicable fees to the city planner for a minor subdivision that includes at a minimum:

a.

The name of the applicant and/or authorized agent and contact information.

b.

The property address and parcel number.

c.

The metes and bounds description of the property proposed to be split.

d.

The subdivision name.

e.

Any other information that may be required by the city planner.

2.

The applicant shall meet with the city planner and/or city engineer to determine water and sewer connections to each proposed lot or parcel and other infrastructure requirements for the subdivision.

3.

The planning commission may hold a public hearing on the plat by providing reasonable notice of the public hearing at least ten days before the date of the public hearing. The applicant shall provide the city with one set of addressed, stamped envelopes to all property owners within 1,000 feet of the proposed subdivision. Such notice shall be mailed at least seven days prior to the planning commission consideration of the preliminary plat.

4.

Adoption of final subdivision plat. Upon a determination that the proposed plat is consistent with the General Plan, meets all Kamas City Subdivision requirements and receives approval from the Kamas City Public Works, City Engineer, the planning commission (for preliminary) and city planner may approve a final subdivision plat as provided above. The applicant may then have a mylar printed for signatures and recordation. Water shares must be turned into Kamas City prior to recordation of the plat.

5.

Applicants shall only be able to apply for one minor subdivision per parcel or lot. Subsequent subdivisions of the same parcel must be made with a major subdivision application.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

An applicant for a major subdivision with six or more lots shall submit a complete application with applicable fees to the Kamas City Planner. The applicant may submit an inexpensive concept plan as the first layout and design to enable the owner to save time and expense in reaching general agreement with the planning commission prior to the submission of a preliminary plat (See KMC 15.18.025, above). The concept plan is most useful when drawn to scale on white tracing paper as an "overlay sheet" to be lain on top of the existing resources and site analysis map so everyone can see how the proposed layout avoids areas of the site prioritized for conservation. These areas will include:

1.

Unstable slopes and steep terrain.

2.

Wetlands and waterways.

3.

Street circulation.

4.

Drainage issues.

A site walk may be scheduled with the applicant, city staff and planning commission members prior to substantive review with the planning commission. After the concept plan has been discussed with the planning commission, the applicant shall submit a preliminary plat to the planning commission for its consideration. The applicant must comply with KMC 15.21, General Design Standards for the Construction and Development of Subdivisions, for design standards and infrastructure requirements of the subdivision. Additionally, the applicant must comply with KMC 15.36, Moderate Income Housing, where applicable.

1.

Preliminary plat review. The applicant shall prepare and submit three 24 inch × 36 inch copies of a preliminary plat of the proposed subdivision. Eight 11 inch × 17 inch copies will also be required for planning commission review. The applicant shall also provide a complete set of plans in PDF format, which may become part of the public record. The preliminary plat shall include:

a.

A date on each sheet.

b.

The proposed subdivision type and name.

c.

A north arrow facing the top of right margin.

d.

Existing rights-of-way and easement grants of record for streets, underground utilities and other public purposes.

e.

A minimum scale of one inch = 100 feet.

f.

The boundary dimensions, acreage and legal description of the subdivision.

g.

The location, width, and other dimensions of all existing or platted streets and other important features such as utility lines, and exceptional topography and structures within the proposed subdivision and within a 200-foot perimeter of the subdivision.

h.

The proposed streets, parks, open spaces and other offers of public dedications showing widths and pertinent dimensions of each.

i.

The name and address of the applicant, engineer or surveyor for the subdivision and the owners of the land to be subdivided.

j.

Any other information the city engineer, city planner, planning commission, or other city staff or department may determine necessary relating to the particular site of the proposed project.

2.

Notice. The applicant shall provide the city with one set of addressed, stamped envelopes to all property owners within 1,000 feet of the proposed subdivision. Such notice shall be mailed at least seven days prior to the planning commission consideration of the preliminary plat. Notice of subdivisions for residential, multi-residential, commercial, or industrial development shall be provided to affected entities as required under this section. Such entities shall include the South Summit School District, the applicable electrical provider, the applicable natural gas provider, the applicable telecommunications provider, Provo River Water Users, the South Summit Fire District, and Beaver-Shingle Creek Irrigation Company.

3.

Planning commission public hearing. For preliminary subdivision applications, the planning commission shall hold one public hearing by providing no less than ten days' advance notice on the application to receive public comment on the proposed subdivision. The planning commission may not hold a second public hearing and may not continue the public hearing portion of that subdivision item to a future meeting.

4.

Planning commission consideration. Upon review and consideration of the preliminary plat, at a meeting called for such purpose, the planning commission shall approve, deny, or approve with conditions the preliminary plat. Such decision shall be made within 45 days of said meeting. In the event the planning commission fails to make a decision within said 45-day period, the preliminary plat shall be deemed denied. Review of the final subdivision application and plat may not begin until the preliminary subdivision application has been approved by the administrative land use authority. Under no circumstances may the administrative land use authority grant final approval.

5.

Phasing plan required. If any requirement of this title or the applicable standards is proposed to be satisfied by relation to or incorporation of components of another phase or related development, the applicant shall enter into a development agreement with Kamas City governing the applicable phases or related development or otherwise modify the application to satisfy all requirements independently.

6.

Inactive process. Failure to receive final plat approval within one year of approval of preliminary plat by the Kamas City Planning Commission shall render the preliminary plat null and void. In such case, the applicant must commence the subdivision process anew.

7.

Final subdivision plat review. Upon planning commission approval of the preliminary plat, with or without conditions, the applicant shall prepare and submit to the planning commission a plat, including subdivision improvement plans, in PDF format together with three paper copies with dimensions of 24 inch × 36 inch and three 11 inch × 17 inch copies. The final plat shall include:

a.

A date on each sheet.

b.

A proposed subdivision name.

c.

A north arrow facing the top of right margin.

d.

Existing rights-of-way and easement grants of record for streets, underground utilities and other public purposes.

e.

A minimum scale of one inch = 50 feet.

f.

The boundary dimensions and legal description of the subdivision and each lot therein which is within 0.010 feet with the point of beginning clearly labeled.

g.

The location, width, centerline bearings and curve data (including delta angle, radius, length, tangent and the long cord on curves) and other dimensions of all existing proposed or platted streets and easements.

h.

The proposed streets, parks, open spaces and other offers of public dedications, showing widths and pertinent dimensions as well as points of intersection of each.

i.

The name and address of the applicant, engineer, or surveyor for the subdivision and owners of the land to be subdivided.

j.

The acreage of square footage for all parcels or lots and the length and width of the blocks and lots intended for sale.

k.

A legend of symbols.

l.

All survey monuments and proposed hydrant locations.

m.

The streets indicating numbers and/or names and lots numbered consecutively with addresses.

n.

A similar description of important features such as utility lines and exceptional topography and structures within the proposed subdivision and within 200 feet surrounding the subdivision shall appear on a separate drawing.

o.

The streets, lots, and properties within 200 feet surrounding the subdivision shown in ghost lines.

p.

The signature blocks for:

i.

Owner's dedication and acknowledgment.

ii.

Surveyor's stamped certificate with subdivision boundary legal description.

iii.

City engineer's approval.

iv.

The applicable natural gas provider.

v.

The applicable electrical provider.

vi.

The applicable telecommunications provider.

vii.

South Summit School District.

viii.

South Summit Fire District.

ix.

Beaver Shingle Creek Irrigation.

x.

Planning commission acceptance.

xi.

City council/mayor.

xii.

City attorney.

xiii.

County recorder's certificate.

q.

Notice of Kamas City Right to Farm Ordinance.

r.

Subdivision improvement plans.

8.

Subdivision improvement plans.

a.

The subdivision improvement plans submitted with a final plat application shall include all civil engineering plans associated with required infrastructure improvements and municipally controlled utilities as required by this title, which shall comply with all standards identified in this title and any applicable adopted policy of Kamas City. The subdivision improvement plans include those items required by KMC 15.21 not otherwise required for preliminary approval.

b.

Notwithstanding anything to the contrary herein, the city may not engage in substantive review of subdivision improvement plans during the preliminary plan approval stage or at any other time prior to the beginning of the review cycles for subdivision improvement plans during final plat approval.

9.

Review of final plat application and subdivision improvement plans.

a.

The city staff shall review the application materials, plans, plats, and technical documents for compliance with municipal land use ordinances, codes and adopted plans and specifications and other technical requirements in effect at the time that the applicant submitted a complete final plat application. As part of this review, the city staff may conduct one or more on-site reviews, as provided by U.C.A. § 10-9a-303.

b.

The city staff shall refer the application materials, plans, plats, and technical documents to the applicable departments, staff, and utilities and any other government agency and/or affected entity which the city planner deems necessary to protect the health, safety, and welfare of the public and to ensure the project's compliance with all applicable design standards and specifications, ordinances, codes and adopted plans and specifications and other technical requirements.

c.

No later than 40 business days after the day on which an applicant submits a final subdivision plat application or 60 business days for a response that was received more than 40 business days after the city's written response), the city planner shall provide a written response to the applicant including review comments from the applicable departments, staff, and utilities. The city's response requiring additional information or modifications to plans that do not meet current ordinances shall be specific and include citations to ordinances, standards, or specifications that require the modifications and shall be logged in an index of requested modifications or additions.

d.

The applicant shall provide revised plans, including a written explanation in response to each of the city's review comments identifying the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to the applicable standards and ordinances, and such explanations shall be included in an index of revisions or additions. If an applicant fails to address any review comments, the city is not obligated to advance the application. The procedures identified in subsections a-d may occur no more than four times except as provided for in subsection e.

e.

If an applicant is proposing material changes to the preliminary plat, the city planner may, but need not, restart the review cycle with respect to those portions affected by the material changes and direct the administrative land use authority to consider preliminary approval of the portions affected by the material change. Material changes include, without limitation an increase in the number or density of proposed lots, changes to the unit types, changes to the location and/or configuration of streets including stub streets, and/or other changes deemed material by the city staff.

10.

Adoption of final subdivision plat. Upon a determination that the proposed plat is consistent with the General Plan, meets all Kamas City Subdivision requirements and approval from the Kamas City Public Works and other required parties, the city planner may approve a final subdivision plat as provided above. The applicant may then have a mylar printed for signatures and recordation. Water shares must be turned into Kamas City prior to recordation of the plat.

11.

Improvements. Subdivision improvements must be completed in one of the following methods:

a.

The developer will complete all improvements, including utilities, before the final subdivision plat is signed and recorded; or

b.

The developer must complete the subdivision improvements within two years of recordation of the final subdivision plat with public improvements security in place as specified in this section.

12.

Public improvements security. A security arrangement shall be one of the following types as dictated by the city:

a.

A bond with a surety company licensed to do business in the State of Utah.

b.

An irrevocable letter of credit with a federally insured financial institution on terms approved by Kamas City.

c.

A cashier's check made payable only to the city.

d.

A trust or escrow account with a federally insured financial institution designating the city as beneficiary.

Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the city. The city shall not be required to pay interest to the developer on any non-interest bearing escrow account for this purpose.

13.

Inspections. City staff shall inspect the subdivision development during construction through its completion. The developer will pay all fees as outlined in the Kamas City Fee and Rate Resolution.

14.

Recording of plat. The plat of an approved subdivision within Kamas City shall be recorded in the Summit County Recorder's office within two years of city council final approval. Failure to record a final plat within two years of city council approval shall render the plat void. In such case, the applicant must commence the subdivision process anew. Plats will not be recorded until all fees are paid as outlined in the Kamas City Fee and Rate Resolution.

(Ord. 2015-04, 11/10/2015; Ord. No. 2023-02, § 1(Exh. A), 3/14/2023; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

1.

Petition for amendment. Any owner of property lying within a recorded subdivision plat may petition the city requesting to vacate, alter or amend the subdivision plat. The petition shall include:

a.

The name and address of all owners of record of the land contained in the entire plat.

b.

The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered or amended.

c.

The signature of each of the owners identified in this section who consent to the petition; and

d.

The appropriate fee as set forth in the Kamas City Fee and Rate Resolution.

Kamas City, on its own initiative, may consider the vacation, alteration or amendment of a subdivision plat. The procedure for such consideration shall be as set out in this chapter.

2.

Procedure.

a.

Upon receipt of a petition or a proposal to vacate, alter, or amend a subdivision plat, the matter shall be referred to the Kamas City Planning Commission for a recommendation on the petition or proposal. The planning commission shall give its recommendation within 30 days of receipt of a petition or proposal.

b.

Except as otherwise provided in this section, the Kamas City Council shall hold a public hearing on the proposed plat amendment within 45 days of receipt of the recommendation of the planning commission. Notice of the public hearing shall be given as provided in this section.

c.

Where the plat amendment process is initiated by petition, the city council, in its discretion, may waive the requirement of a public hearing if:

i.

The proposed plat change does not include the vacation, alteration or amendment of a public street.

ii.

No owner within the plat notifies the city of their objection, in writing, within ten days of the mailed notice provided, and

iii.

All owners within the plat have signed the revised plat consenting to the proposed amendment.

3.

Notice. Notice of any proposed plat amendment shall be given as follows:

a.

The applicant shall provide the city with one set of addressed, stamped envelopes to all property owners within 1,000 feet of the proposed amendment or vacation.

b.

In addition the requirements of this section, if the proposed change involves the vacation, alteration or amendment of a public street, notice of the date, place and time of the hearing where the city council will consider the proposed amendment shall be given by:

i.

Publishing the notice once a week for four consecutive weeks before the hearing as a Class A notice as required under U.C.A. § 63G-30-102; or

ii.

Posting a notice for four consecutive weeks before the hearing in three public places within Kamas City.

c.

The notice to be provided under this section shall include:

i.

A statement that anyone objecting to the proposed plat change may file a written objection to the change within ten days from the date of the notice.

ii.

A statement that if no written objections are received by the city council by the time limit, no public hearing will be held.

iii.

The date, place and time when a hearing, if one is required to consider the proposed vacation, alteration or amendment of the subdivision plat, will be held.

The petitioner for any proposed plat amendment shall pay the costs for any notices required by this chapter.

4.

Grounds for vacating or changing a plat.

a.

Within 30 days after the public hearing required by this section, the city council shall consider the proposed plat amendment.

b.

If the city council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the city council may vacate, alter, or amend the plat, any portion of the plat, or any street or lot within the plat.

c.

The city council may approve the vacation, alteration, or amendment by ordinance, amended plat, administrative order, or deed containing a stamp or signature indicating approval by the city.

d.

The city council shall ensure that the vacation, alteration, or amendment is recorded in the office of the Summit County Recorder.

5.

Amended plat requirements. Prior to the city council's approval of a petition or proposal to amend a subdivision plat, the petitioner or sponsor shall deliver to the city an amended plat map and supporting information in compliance with the requirements of KMC 15.18.060. The amended plat map shall be accompanied by the appropriate recording fee to provide for recordation of the map with the Summit County Recorder.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

Petitions to adjust lot lines between adjacent properties may be executed upon the recordation of an appropriate deed if:

1.

No new dwelling lot or housing unit results from the lot line adjustment;

2.

The adjoining property owners consent to the lot line adjustment;

3.

The lot line adjustment does not result in remnant land that did not previously exist; and

4.

The adjustment does not result in violation of applicable zoning requirements. The city planner shall review the proposed lot line adjustment prior to recording, to verify that the requirements for zoning compliance have been met.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)