Kane County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 21
SUBDIVISION REGULATIONS
ARTICLE H. CONSTRUCTION STANDARDS
SECTION:
9-21H-1: Requirements
9-21A-1: PURPOSE:
The purpose of this chapter is:
A. To promote the health, safety and general welfare of the residents of Kane County.
B. To promote the efficient and orderly growth of Kane County.
C. To provide policies, procedures, requirements and standards for the physical development of subdivisions of land, construction of buildings, and improvements within Kane County including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, design standards for public facilities and utilities, accesses to public rights of way, dedication of land and streets, the granting of easements or rights of way, and to establish fees and other charges for the authorizing of a subdivision. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21A-2: SCOPE:
A. This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to November 16, 1982, except as provided in this section.
B. No lot within a subdivision created and recorded prior to November 16, 1982, or approved by the Kane County land use authority and the Kane County commission and recorded in the office of the Kane County recorder under the provisions of this chapter, shall be further divided, rearranged or reduced in area, except as provided in this chapter. The boundaries of any lot shall not be altered in any manner, so as to create more lots than initially recorded, or any nonconforming lot, without first obtaining the approval of the administrative land use authority as provided in this chapter.
C. No amendment to this chapter that imposes a greater burden or obligation than existed immediately prior to such amendment shall affect a subdivision created prior to the effective date of the amendment.
D. It is unlawful for any person, builder or developer to receive a building permit until all improvements, as specified in the development agreement and construction documents have been installed and accepted in writing by the Kane County engineer. Improvements shall include, but are not limited to: roads, water, fire suppression water, power, septic/sewer, drainage system, and perimeter fencing requirements. Owner and/or owner's agent, prior to sale of any portion of an approved subdivision, will advise the prospective buyer/builder that building permits will not be issued until all improvements have been completed. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2015-12, 7-27-2015, eff. 8-11-2015; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21A-3: EFFECT ON PREVIOUS ORDINANCE:
The existing subdivision ordinance of Kane County, Utah, is hereby superseded and amended to read as set forth herein; provided however, that this chapter shall be deemed a continuation of the previous ordinance, and not a new enactment, insofar as the substance of revisions of the previous ordinance is included, whether in the same or in different language. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21A-4: EXCEPTIONS:
Where unusual topographic or other exceptional conditions exist, the Kane County Administrative land use authority may allow an applicant to vary from the requirements of this chapter provided that such variances shall not substantially impair the intent of this chapter. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21A-5: DEFINITIONS:
Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this chapter. Words used in present tense include the future; singular numbers shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the words "used" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used or occupied; the word "shall" is mandatory and not directory, and the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word "lot" includes plot and parcel. Words used in this chapter but not defined herein shall have the meaning as defined in any other ordinance adopted by the Kane County commission.
ADMINISTRATIVE LAND USE AUTHORITY: The administrative land use authority in Kane County, Utah is the land use administrator.
AGRICULTURAL USE, LAND IN AGRICULTURAL USE: Land devoted to the raising of useful plants and animals with a reasonable expectation of profit.
BEGINNING OF CONSTRUCTION: Grading or removal of any vegetation or earth from a site for construction of access routes or preparation for excavation of building pads or footings.
BONA FIDE DIVISION OR PARTITION OF AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES: Refer to article N of this chapter.
BOUNDARY ADJUSTMENT: An agreement between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels.
BOUNDARY ESTABLISHMENT: An agreement between adjoining property owners to clarify the location of an ambiguous, uncertain, or disputed common boundary.
CAMPGROUND: A parcel designated and approved by the county for occupancy by tents, trailers, motor homes or campers on a temporary basis.
CONVEYANCE DOCUMENT: An instrument that:
A. Meets the definition of "document" in Utah Code, Section 57-1-1; and
B. Meets the requirements of Utah Code, Section 57-1-45.5.
COVENANTS, CONDITIONS AND RESTRICTIONS: Limits and rules placed on a group of homes by a builder, developer, neighborhood association or homeowners' association. These restrictions will be enforced by the homeowners' association and not the county.
DESIGN STANDARDS OR CONSTRUCTION DESIGN STANDARDS: The regulations, guidelines and standards that apply to the construction and maintenance of subdivision improvements including, but not limited to roads, utility infrastructure, and other improvements.
ESTABLISHMENT DOCUMENT: An instrument that:
A. Meets the definition of "document" in Utah Code, Section 57-1-1; and
B. Meets the requirements of Utah Code, Section 57-1-45.
FRONTAGE, BLOCK: All property fronting on one side of the street between intersecting or intercepting streets or between a street and right of way, waterway, end of dead end street, or political subdivision boundaries, measured along the street line. An intercepting street shall determine only one boundary of the frontage on the side of the street which it intersects.
FRONTAGE, LOT: The linear measurement of the front lot line.
FULL BOUNDARY ADJUSTMENT: A boundary adjustment that is not a simple boundary adjustment.
GENERAL PLAN: A long range policy plan prepared and adopted by the Kane County commission to guide county growth.
GRADE:
Commercial: On graded sites, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of twelve inches (12") plus two percent (2%). Alternate elevations are permitted subject to the approval of the Kane County building inspector, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site.
Residential: Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of six inches (6") within the first ten feet (10').
HOMEOWNERS' ASSOCIATION (HOA): A legal organization of property owners within a subdivision, planned community condominium or other grouping of homes and/or property that makes and enforces rules for the properties within the association. The county will not enforce homeowners' association rules. The HOA will be in charge of enforcing all HOA rules. Kane County will only enforce applicable state and local laws and ordinances.
IRRIGATED LAND: Parcels that have surface or underground water diverted continuously or intermittently upon them for the production of crops or pasture, through the utilization of manmade improvements.
LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder.
OFF SITE FACILITIES: Improvements not on individual lots but generally within the boundaries of the subdivision which they serve.
OFFICIAL MAP: The official map or maps adopted by Kane County pursuant to the county zoning and planning enabling legislation.
ON SITE FACILITIES: Construction or placement of the dwelling and its appurtenant improvements on a lot.
PARCEL OF LAND: Any real property that is not a lot and is contiguous land owned by and recorded as the property of a person. Land in one ownership but physically divided by a public highway, road or street is considered contiguous under this definition.
PERSON: A firm, association, organization, partnership, company, corporation or any legal entity entitled to own property as well as an individual.
PLAT: An instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Utah Code, Sections 17-27a-603 or 57-8-13.
PLOT PLAN: Plat of a lot, drawn to scale, showing such information as may be required by the Kane County land use authority.
PROTECTION STRIP: A strip of land between the boundary of a subdivision and street within the subdivision, for the purpose of controlling the access to the street by property owners abutting the subdivision.
RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with Utah Code, Section 17-23-17.
SHAPE FILES: A GIS shape file is a file format used for storing geographic information data in GIS computer programs and databases, such as ArcGIS and ArcCatalog. The file extension for shape files is ".shp".
SIMPLE BOUNDARY ADJUSTMENT: A boundary adjustment that does not:
A. Affect a public right-of-way, municipal utility easement, or other public property;
B. Affect an existing easement, onsite wastewater system, or an internal lot restriction; or
C. Result in a lot or parcel out of conformity with land use regulations.
STREETS:
A. Street: A thoroughfare which has been dedicated and accepted by the county, which the county has acquired by prescriptive right or which the county owns, or offered for dedication on an approved final plat, or a thoroughfare of at least twenty eight feet (28') in width which has been abandoned or made public by right of use and which affords access to abutting property, including highways, roads, lanes, avenues and boulevards.
B. Street, Major: A street, existing or proposed, which serves or is intended to serve as a major trafficway and is designated on the master street 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.
C. Street, Collector: A street, existing or proposed, which is the main means of access to the major street system.
D. Street, Minor: A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.
E. Street, Marginal Access: A minor street which is parallel to and adjacent to a limited access major street and which provides access to abutting properties and protection from through traffic.
F. Street, Private: A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as private access to serve the lots platted within the subdivision and complying with the adopted street cross section standards of Kane County and maintained by the subdivider or other private agency.
SUBDIVIDER: Any person, developer, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or others.
SUBDIVISION: Any land that is divided, resubdivided, or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other divisions of land for the purpose, whether immediate or future, for offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions.
A. Subdivision includes the division or development of land whether by deed, survey, metes and bounds description, devise of testacy, lease, map, plat, or other recorded instrument.
B. Subdivision does not include:
1. A bona fide division or partition of land used for agricultural purposes;
2. A recorded conveyance document:
a. Consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or
b. Joining a lot to a parcel;
3. A boundary adjustment;
4. A boundary establishment;
5. A road, street, or highway dedication plat;
6. A deed or easement for a road, street, or highway purpose; or
7. Any other division of land authorized by law.
8. A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one (1) legal description encompassing all such parcels of property; or
9. A bona fide division or partition of land for the purpose of siting, on one (1) or more of the resulting separate parcels:
a. An unmanned facility appurtenant to pipeline owned or operated by a gas corporation, interstate pipeline company, intrastate pipeline company; or
b. An unmanned telecommunication, microwave, fiber optic electrical, or other utility service regeneration, transformation, retransmission, or amplification facility.
C. The joining of 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.
SUBDIVISION AMENDMENT:
A. An amendment to a recorded subdivision in accordance with Section 17-27a-608 that:
1. Vacates all or a portion of the subdivision;
2. Increases the number of lots within the subdivision;
3. Alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
4. Alters a common area or other common amenity within the subdivision.
B. Subdivision Amendment does not include a lot line or simple boundary adjustment,
VICINITY PLAN: A map or drawing to scale showing the physical relationship of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classification of all land within three hundred feet (300') of the property proposed for development.
WATER SYSTEM, NONPUBLIC: Any potable water system that is subject to the rules of the Southwest Utah public health department, which is any potable water system that serves less than fifteen (15) lots or less than twenty five (25) people.
WATER SYSTEM, PUBLIC: Any potable water system that is subject to the rules of the Utah department of environmental quality, which is any potable water system that serves fifteen (15) or more lots of an average of twenty five (25) or more people at least sixty (60) days per year.
ZONE CLEARANCE: Assurance by the land use authority that a proposed activity is in compliance with existing zoning regulations. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2015-12, 7-27-2015, eff. 8-11-2015; Ord. O-2024-14, 11-12-2024; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025; Ord. O-2025-10, 4-22-2025)
9-21A-6: PENALTIES:
A. Any person, organization, corporation, or other entity, whether as owner, occupant, agent, real estate agent, or employee, who causes, permits or otherwise participates in any violation of any provision of this chapter shall be guilty of a class B misdemeanor upon conviction, punishable by a fine, imprisonment, or both, as determined by a court of competent jurisdiction. In addition, the provisions of this chapter may also be enforced by injunction, mandamus, abatement, merger of title, civil penalty, or any other remedy provided by law.
B. Whenever any act or omission is made unlawful under this title, every person who causes, solicits, requests, commands, encourages, aids, or abets such act or omission, which constitutes an offense, shall be criminal and civilly liable as a party for such act or omission.
C. Each day that a violation exists may be charged as a separate violation.
D. Any one, all, or any combination of penalties and remedies set forth herein may be used to enforce the provisions of the subdivision ordinance.
E. Kane County may withhold building permits and all other permits related to a violation of this chapter, until all violations are resolved.
F. Unless otherwise specified in this chapter, the civil penalties for any violation of this chapter shall be fifty dollars ($50.00) per day per offense beginning on the ninetieth day after written notification of the violation from Kane County is sent, up to a maximum of three thousand dollars ($3,000.00).
G. The following are violations of the subdivision ordinance, in addition to other acts or omissions that would constitute a violation:
1. Subdividing or resubdividing any land, parcel, or lot into two (2) or more lots, parcels, sites, units, plots or other divisions of land, by execution of deed to oneself or another person, by recordation of deed, by gifting, or any other form of subdividing, without complying with the requirements of the subdivision ordinance.
2. Selling, gifting, or transferring a parcel or lot, which parcel or lot was subdivided without complying with the requirements of the subdivision ordinance, whether the selling party is the original party responsible for the subdivision or not. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
H. For property owners of any land that is currently divided improperly or illegally, the owner, their agent or assign shall be authorized to sell, gift or otherwise transfer the property regardless of any other section or subsection of this title, and will not be subject to criminal or civil action under this title, if they first receive a signed "authorization to transfer" from the land use administrator. Upon application by the landowner(s), the land use administrator may issue an "authorization to transfer" if the landowner is not the person or entity that improperly or illegally divided the property contained within the application, and the improper or illegal subdivision occurred prior to January 1, 2005. A signed "authorization to transfer" may be recorded and if recorded shall automatically transfer to any subsequent owner(s) of the property. However, if after obtaining a signed "authorization to transfer" any current or subsequent owner of the property further subdivides, or otherwise alters the size and/or shape of the property in violation of state or county law or ordinance, the "authorization to transfer" shall become immediately null and void. (Ord. O-2015-12, 7-27-2015, eff. 8-11-2015)
9-21A-7: 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. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21B-1: SUBDIVISION CREATION:
A. No subdivision shall be created and no lot or parcel shall be subdivided without:
1. Submitting an application to the Administrative Land Use Authority for the subdivision, and
2. Preparing, submitting, and receiving final approval of a plat in accordance with the requirements of this chapter, and
3. Otherwise complying with each article of this chapter, unless a specific exception exists.
B. No subdivision plat may be filed or recorded in the County Recorder's Office without first complying with the provisions of this chapter.
C. No lot, parcel, or any division of land may be:
1. Sold,
2. Offered for sale,
3. Deeded, gifted,
4. Conveyed, or
5. Transferred using any other method; without first complying with the provisions of this chapter.
D. No deed of any lot or parcel resulting from a subdivision of land that is not in compliance with this chapter may be executed or recorded in the County Recorder's Office without first complying with the provisions of this chapter.
E. Recording alone of any document in the County Recorder's Office does not constitute compliance with this chapter.
F. Nothing in this chapter shall be construed to imply that the County Recorder is in violation of this chapter by recording any document that is presented for recording. (Ord. O-2016-4, 10-15-2018; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21B-2: ENFORCEMENT:
The following County officers and officials shall have the authority to enforce this chapter:
A. Subdivision ordinance procedure compliance: Kane County Land Use Authority Administrator.
B. Infrastructure: Kane County Engineer and/or Land Use Authority Administrator.
C. Buildings and structures: Kane County building official.
D. Wildland urban interface compliance: Kane County building official and/or Kane County Fire Marshal.
E. Other civil violations: Kane County Land Use Authority Administrator and/or Kane County Sheriff. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
F. Criminal violations: Kane County Sheriff and/or Kane County Attorney. (Ord. O-2015-12, 7-27-2015, eff. 8-11-2015)
9-21B-3: INFRASTRUCTURE INSPECTIONS:
A. Preconstruction Conference: Prior to starting any infrastructure construction, a preconstruction conference will be held. Attendees shall be: owner/developer, design engineer, utility companies, underground utility subcontractors, earthwork subcontractor, paving contractor, County Engineer and other appropriate parties. Items to be discussed shall include: schedule, inspection procedure, reports, compliance with “Kane County Construction Design Standards.”
B. Inspection: The Kane County Engineer or his/her designated representative shall be charged with inspecting, in the course of construction, installation or repair, all culinary water lines, fire suppression lines, sewer lines and their excavations. If any such installation is covered before being inspected and approved, it shall be uncovered, at the contractor's expense, and inspected. Copies of all water, culinary and fire suppression lines pressure test reports as well as sewer line pressure test reports will be sent to the Kane County Land Use Authority Administrator's Office within five (5) working days of the test(s) being performed.
C. Inspection Fees: Inspection fees will be paid at time of preconstruction conference. Inspection fees will be as shown on subdivision/PUD application. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21B-4: BUILDING PERMITS:
A. No building permit shall be issued for the construction or alteration of any building or structure on any parcel of land which has been subdivided in violation of this chapter.
B. No building permit shall be issued for the construction or alteration of any residential or commercial building or structure within a subdivision or planned unit development until the infrastructure is completed and approved by the Kane County Engineer, as outlined in this article, unless the following conditions are met:
1. The property on which the building will be located is owned by the developer and that it cannot be transferred or reservations taken on the property until the infrastructure is completed and approved by the Kane County Engineer.
2. The Preliminary Plat and Construction Plans shall be approved by the Administrative Land Use Authority and Kane County Engineer, respectively.
3. The developer shall provide financial assurance, in accordance with article I of this chapter, prior to issuance of the building permit for two (2) homes only. The financial assurance shall be maintained until the infrastructure is completed and approved by the Kane County Engineer. If a home is constructed prior to final infrastructure approval no amount of the financial security may be released until all infrastructure has been approved.
4. The developer provides a "hold harmless" agreement, acceptable by Kane County, that the developer takes all liability in connection with the building of two (2) homes which may not be used or occupied for any reason prior to the completion and approval of the infrastructure and the developer shall: a) not seek to obtain a certificate of occupancy until the infrastructure is completed and approved by the Kane County Engineer; b) not sell, transfer or take a reservation on the property until the infrastructure is completed and approved by the Kane County Engineer; and c) will not hold Kane County liable for any costs or damages resulting in connection with the developer starting construction on the building regardless of the final outcome of the overall project. The Kane County Land Use Administrator and County Engineer have the authority to hold off signing a building permit if they have concerns for public safety or the safety of Kane County employees or equipment. If there are safety concerns Kane County staff must release a report to the developer stating the reasons why the permit cannot be obtained at the time of the request.
C. No building permit shall be granted for the construction or alteration of any residential or commercial building or structure on any parcel of land unless:
1. The parcel, notwithstanding previous approval for division under the subdivision ordinance, has a recorded means of access of at least twenty eight feet (28') in width (this section shall not be interpreted to reduce any right-of-way width requirement set forth in any other section of the land use or subdivision ordinance);
2. The parcel and proposed improvements comply with all other provisions of the Kane County land use and subdivision ordinances;
3. The applicant acknowledges that the access to the parcel will not be maintained by Kane County unless the access has been dedicated to, and accepted by, Kane County;
4. The applicant acknowledges that no fire protection is provided or guaranteed by Kane County. (Ord. O-2017, 7-17-2017; amd. Ord. O-2016-4, 10-15-2018; Ord. O-2024-14, 11-12-2024)
9-21C-1: PURPOSE:
Development meetings are designed to provide the developer/subdivider an informal review of the proposed project prior to filing an application for preliminary plat. The review is normally conducted by the review committee comprised of the Kane County land use authority administrator, Kane County engineer, transportation department, Kane County building official, Kane County attorney and anyone else deemed necessary. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21C-2: PRESENTATION REQUIREMENTS:
A. Developer/subdivider shall provide the following:
1. Plat map showing location of property;
2. Proposed layout of the project, including number of lots, roads, acreage, easements and access;
3. Current property zoning;
4. Water and power availability;
5. Type of sanitary waste system to be used;
6. Brief description of area surrounding the proposed project:
a. Subdivisions;
b. BLM, forest service, private, state;
7. Location of existing county and/or state roads in relation to proposed project. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21C-3: REVIEW COMMITTEE:
A. Will respond to developer/subdivider's questions and provide guidance concerning the project's compliance or noncompliance with current Kane County general plan, land use and subdivision ordinances.
B. Will advise developer/subdivider if project is ready to proceed to preliminary plat phase. If project is not ready to proceed, additional development meeting(s) can be scheduled. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21C-4: REVIEW SCHEDULING:
Development meeting reviews to be scheduled through the Kane County land use authority administrator. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21D-1: GENERAL REQUIREMENTS:
Copies of all required materials for preliminary plat review shall be submitted to the Kane County Land Use Authority Administrator by the developer/subdivider or their authorized representative. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21D-2: REQUIRED GENERAL SUBMISSION ITEMS; ADMINISTRATIVE:
The following must be submitted with the application for a preliminary plat approval:
A. Drawings that comply with Utah Code 17-23-17 and as set forth in Section 9-21D-3.
B. One (1) 24" X 36" and two (2) 11" X 17" Copies of Preliminary Plat.
C. Digital copy of Preliminary Plat.
D. One (1) copy of on-lot disposal report.
E. Kane County/Developer Agreement.
F. Application for PUD Subdivision.
G. Location and vicinity map.
H. Conceptual Site Plat as further described in Section 9-21D-3.
I. Draft Development Agreement (as applicable).
J. Soils maps and reports.
K. Statement of taxes due.
L. Lender's Consent.
M. Signed proposed deed restrictions.
N. Summary statement proposal as further described in Section 9-21D-3.
O. Letters of feasibility as further described in Section 9-21D-3.
P. Affidavit that applicant is the owner or holds power of attorney, to make application for the land proposed to be subdivided.
Q. Articles of Incorporation (LLC, Partnership or Corp.).
R. Title Report.
S. Engineer's Cost Estimate.
T. Electronic Version of plat (PDF). (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2016-4, 10-15-2018; Ord. O-2018-2, 4-9-2018; Ord. O-2024-14, 11-12-2024)
9-21D-3: ADDITIONAL REQUIREMENTS:
A. Drawing Requirements: Drawings submitted with the preliminary plat application shall include the following information, data, or features:
1. Area map showing area + ½ mile.
2. Traverse map of subdivision.
3. Lot and street layout.
4. Dimensions of all lots.
5. Total acreage and legal description.
6. Lots numbered consecutively- include PUD zoning label.
7. Locations and names of existing and proposed easements.
8. Existing and proposed street names.
9. Drainage direction for existing and proposed streets.
10. Drawn to scale not less than one inch equals fifty feet (1" = 50'), indicate the basis of bearings, true north point, name of subdivision, name of county, township, range, section and quarter section, block and lot number of the proposed subdivision, keyed to USGS survey monuments.
11. All fence lines.
12. Heavily-wooded areas located.
13. Site to be reserved or dedicated for open space.
14. Dedicated public space.
15. Signature blocks.
B. Overall Site Plan Requirements: The site plan submitted with the preliminary plat application shall contain the following information, data, or features:
1. Future street layout for area not being subdivided.
2. Water courses and proposed drainage systems.
3. One hundred (100) year flood boundaries.
4. Existing buildings, easements or utilities within two hundred (200) feet.
5. Location and size of proposed utilities.
6. Any other covenants, easements or restrictions.
7. Location and spacing of proposed fire hydrants.
8. Location of postal cluster box.
C. Summary Statement Proposal: The summary statement proposal submitted with the preliminary plat application shall contain the following:
1. Total development area.
2. Number of proposed dwelling units.
3. Number of proposed multi-residential units.
4. Total number of square feet in non-residential floor space.
5. Amount of water per lot.
6. Estimated gallons per day of sewage.
7. Survey notes of perimeter survey.
D. Letters Of Feasibility: As applicable, the preliminary plat application must include letters of feasibility or will-serve letters from the following entities or utility providers:
1. Water System SWPHD or UDEQ and a water provider.
2. Sewage Treatment from SWPHD or UDEQ and a sewage provider.
3. Telephone.
4. Electrical.
5. Solid waste disposal.
6. Access requirements from UDOT or Kane County.
7. Addressing and Roads - Kane County GIS.
8. Postmaster.
9. Others (as determined by the Land Use Administrator). (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21D-4: REVIEW PROCEDURE:
The preliminary plat application and all documentation will be reviewed by the Land Use Authority Administrator to determine if the application is complete. The Land Use Authority Administrator will then comply with the requirements of Utah Code 17-27a-509.5 to inform an applicant of an incomplete application or to process the completed application. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21D-5: ADMINISTRATIVE LAND USE AUTHORITY APPROVAL:
A. The Kane County Administrative Land Use Authority shall review all completed applications for preliminary plat approval in accordance with the standards and criteria specified in this chapter and all other ordinances and laws of Kane County and the State of Utah.
B. In the event that the Kane County Administrative Land Use Authority denies a preliminary plat, it shall state, in writing, within thirty (30) days to the developer/subdivider the reason for disapproval via certified mail, return receipt requested.
C. As applicable, the Administrative Land Use Authority may approve, approve with conditions, or deny the application. (Ord. O-2016-4, 10-15-2018; amd. Ord. O-2024-14, 11-12-2024)
9-21D-6: SITE CONSTRUCTION:
A. No infrastructure site work may be started, even with preliminary plat approval, until construction drawings are submitted and approved by the Kane County Engineer.
B. Failure to comply will be punishable as a Class B misdemeanor with a one hundred dollar ($100.00) per day fine until situation is rectified. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21E-1: GENERAL:
A. A final plat may be submitted once all provisions of article D, "Preliminary Plat", of this chapter have been met. The final plat of the subdivision or planned unit development may encompass all or part (see phased development) of the preliminary plat. The final plat shall be presented to the Kane County Administrative land use authority for review within one year after preliminary plat approval, otherwise preliminary plat approval shall be withdrawn and reapplication will be required.
B. The submitted final plat shall conform in all major respects to the preliminary plat as previously approved and/or modified by the Kane County Administrative land use authority.
C. The developer/subdivider has a maximum of two (2) years from date of recording of final plat to complete the infrastructure as described in the development agreement. If the developer/subdivider has not completed the infrastructure after two (2) years, Kane County may make claim to whichever form of surety that has been provided in order to complete the infrastructure. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21E-2: PHASED SUBDIVISION AND PLANNED UNIT DEVELOPMENTS:
A. The final platting of subdivisions and planned unit developments can be done in phases.
B. When the infrastructure is one hundred percent (100%) complete and operable and approved by the Kane County engineer within the phase in progress, the developer/subdivider may submit the next phase of the development in accordance with the provisions of this chapter. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21E-3: ACCEPTANCE OF STREETS AND OTHER PUBLIC LAND DEDICATION:
Acceptance of dedication of proposed public lands or street right of way in an approved plat can be made only by the Kane County commissioners. Plat approval will be deemed as acceptance of dedication unless streets and other public spaces are shown as "not intended for dedication". (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21E-4: REQUIRED GENERAL SUBMISSION ITEMS:
A. Administrative:
1. Mylar copy of approved final plat (for signatures);
2. One (1) copy of approved and signed final plat;
3. One (1) copy of approved construction drawings and documents;
4. Stormwater pollution prevention plan;
5. One (1) copy of executed development agreement;
6. One copy CC&Rs;
7. Payment and performance bond, escrow deposit or letter of credit.
B. Drawing requirements:
1. Boundary bearings and distances data outside boundary;
2. Lots numbered consecutively;
a. All lot zones must be marked clearly on each numbered lot;
3. Curve data: radius, angle, long chord, bearings and distance, length;
4. Excluded parcels marked as such;
5. All streets to be named;
6. Bearings and distances of all streets;
7. Parcels not included marked NAPOTS;
8. Adjacent streets shown and dimensioned;
9. Adjacent fences shown;
10. All easements to be labeled and dimensioned;
11. All land with boundaries to be accounted for;
12. All dimensions to be to 0.01' and 0'000'00;
13. Location of perc test trenches;
14. Name of subdivision;
15. North arrow;
16. Basis of bearing;
17. Name and address of owners of record;
18. Total acreage of subdivision;
19. Total number of lots;
20. Legal description of entire subdivision;
21. Township, range, section and quarter section;
22. Graphic scale;
23. Required monuments;
24. County Engineer's signature block;
25. County surveyor's signature block;
26. County Attorney's signature block;
27. Administrative Land Use Authority's signature block;
28. Signature(s) of owner(s) (notarized) block;
29. County Recorder's recording block;
30. Lender's signature block (or "consent to plat" form);
31. Surveyor's certificate;
32. Culinary water authority signature block;
33. Sanitary sewer authority signature block;
34. Kane County GIS Administrator signature block;
35. An electronic digital version of the subdivision plat (PDF of the final plat).
36. Electronic version of all submitted items.
C. Digital data submittal:
1. AutoCAD DWG file or GIS SHPE file;
2. File to contain all parcel lines and reference monuments;
3. Data file to be GEO referenced to Utah State plane south grid coordinate system or ground coordinate system including ground scale factor.
4. Shape files for the County GIS system North American datum (NAD) 1983 Zone 12 format. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. 2014-1, 1-27-2014, eff. 2-11-2014; Ord. O-2015-12, 7-27-2015, eff. 8-11-2015; Ord. O-2018-2, 4-9-2018; Ord. O-2016-4, 10-15-2018; Ord. 2020-22, 10-27-2020; Ord. O-2024-14, 11-12-2024)
9-21E-5: ADMINISTRATIVE LAND USE AUTHORITY REVIEW:
A. The Kane County Administrative Land Use Authority shall review all completed applications for final plat approval in accordance with the standards and criteria specified in this chapter and all other ordinances and laws of Kane County and the State of Utah. In the event that the Kane County Administrative Land Use Authority denies a preliminary plat, it shall state, in writing, within thirty (30) days to the developer/subdivider the reason for disapproval via certified mail, return receipt requested. As applicable, the Administrative Land Use Authority may approve, approve with conditions, or deny the application. (Ord. O-2015-12, 7-27-2015, eff. 8-11-2015; amd. Ord. O-2024-14, 11-12-2024)
9-21E-6: ADDITIONAL REQUIREMENTS FOR SINGLE- FAMILY, TWO-FAMILY, AND TOWNHOME SUBDIVISIONS:
Applications for a preliminary plat or final plat that include single-family, two- family, or townhomes must additionally comply with the process and procedure set forth in Chapter 21 Article P. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21E-7: FINAL PLAT RECORDING:
A. The developer/subdivider or his agent shall record the approved final plat within one year of approval. The Kane County land use authority administrator shall maintain custody of the final plat mylar until all signatures have been obtained (with exception of the recorder), at which time he/she will notify the developer/subdivider that the plat is ready to be recorded. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2015-12, 7-27-2015, eff. 8-11-2015)
B. No building permits will be issued until the infrastructure is completed and approved by the Kane County engineer in writing, unless otherwise agreed to in the development agreement. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21E-8: FINAL PLAT DISTRIBUTION:
A. Mylar: Kane County recorder. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21E-9: VACATING OR AMENDING A SUBDIVISION OR PLANNED UNIT DEVELOPMENT PLAT:
A. General Requirements:
1. A subdivision plat or planned unit development plat may be amended or vacated by complying with the requirements of this section and Utah Code 17-27a-608 and 609.
2. A complete application shall be submitted by the property or person having power of attorney to act in behalf of the owner.
3. If the application for an amended plat includes a request to further subdivide or to create any additional lots, the application may only be approved if:
a. Eighty percent (80%) of the owners, or persons having legal authority to act on behalf of the owner, for any portion of property contained in the plat consents to the proposed amendment; and
b. The administrative land use authority makes a finding of good cause for the amendment.
c. If the amended plat is a lot joinder/simple boundary adjustment it shall remain one lot once joined together.
B. Submission Items:
1. Application and fees;
2. Notarized affidavit that applicant is owner or authorized by the owner to make application for proposed plat amendment or abandonment;
3. Provide names and addresses of all property owners within 500 feet of the affected property;
4. One copy of the plat and electronic submission of plat map:
a. Amended plat map requirements (re: subsections 9-21E-4B1 through B32 of this article);
b. Vacated plat map requirement (re: subsections 9-21E-4B1 through B32 of this article).
C. Administrative Land Use Authority Review And Approval:
1. After review and approval of the abandonment or amended plat drawing and receipt of required documents by the land use authority administrator and county engineer, the Kane County administrative land use authority will review the application.
2. If the application does not propose to amend, abandon or vacate any county road or public right of way, the administrative land use authority may give final approval so long as the application meets the requirements of state code and any applicable county ordinance. If the application includes a proposal to amend, abandon or vacate any county road or public right of way, the Kane County administrative land use authority will forward a written notification of its review and approval to the Kane County commission.
D. County Commission Review And Approval Regarding Rights-Of-Way:
1. If the application contains a proposal to amend, abandon or vacate any county road or public right of way, the Kane County commission shall review within thirty (30) days of notification of review by the Kane County administrative land use authority at a regularly scheduled public meeting. If the Kane County commission determines that the amendment, abandonment or vacation of the county road or public right-of-way is appropriate and in the interest of the public, they may grant approval.
E. Final Plat Recording:
1. The owner or his agent shall record the approved vacated or amended plat within one year of approval by the administrative land use authority. The Kane County land use authority administrator shall maintain custody of the amended plat mylar until all signatures have been obtained (with exception of the recorder), at which time he will notify the owner or agent that the plat is ready to be recorded.
F. Plat Distribution:
1. Mylar: Kane County recorder.
2. One signed copy: Land use authority administrator. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2022-05, 1-25-2022; Ord. O-2022-25, 5-24-2022; Ord. 2022-35, 6-14-2022; Ord. O-2024-14, 11-12-2024; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21E-10: FINAL PLAT APPROVAL PROCEDURE:
A. Approval Procedure:
1. Submit water system designs for approval to the Southwest Utah Public Health Department and the Utah Department of Environmental Quality.
2. Obtain approval from both departments as stated above.
3. Submit sewer treatment construction drawings and design calculations to Utah Department of Environmental Quality (if applicable).
4. Obtain Plan approval.
5. Finalize body politic approval for water, sewer, septic systems.
6. Submit Construction Design Drawings.
7. Finalize any conditions on the Preliminary Plat
8. Final Development Agreement.
9. Submit letter of credit/bond/financial assurance.
10. Review by Administrative Land Use Authority and County Engineer.
11. Schedule meeting with the Administrative Land Use Authority and County Engineer.
12. Obtain signature for final plat.
13. Allowed to close on reserve lots and sale of all lots.
14. Certificate of approval of construction of infrastructure improvements
15. Release of financial security. Retain 10% for one year.
16. Issue of Building Permits.
B. The County Commission retains authority over the acceptance of any roads or other public improvements as set forth in Section 9-21F-1. This step of the process can occur at any time after approval of the preliminary plat application. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21F-1: DEDICATION OF IMPROVEMENTS AND COUNTY OWNERSHIP OF SUBDIVISION ROADS:
A. Subdividers are put on notice that the majority of roads (if not all) internal to a subdivision are typically to remain private. At the time the final plat is approved, the subdivider may dedicate the roads, easements and other public improvements to Kane County and the Kane County Commission will determine which improvements to preliminarily accept. All subdivision roads must adhere to county standards, including a minimum 28 foot width comprised of 24 feet of travel lanes (two twelve foot travel lanes) with two foot shoulders on each side of the travel lanes.
B. In determining which roads to preliminarily accept, the Kane County Commission may look at the following factors:
1. If the road could eventually be a Collector or Arterial Road;
2. How the road fits into the overall transportation system of the County;
3. Whether the road is internal to the subdivision, meaning that it only allows access to residents within the subdivision;
4. Whether the road has historically been open to the public, or allows access to public areas;
5. The overall traffic expected by both residents, visitors, and those just passing through.
C. The subdivider shall notify the administrative land use authority County in writing once all improvements are completed, at which time the Kane County Engineer will perform a final improvement inspection. Any dedicated improvements shall be deemed an offer by the subdivider which shall be irrevocable until one year after all of the improvements are completed. After one year, a final inspection will take place before officially accepting any preliminarily accepted improvements, and before releasing any bonds from any improvements. The County Commission may, at its option, accept the offer of dedication only if it finds that the subdivider has constructed, installed and maintained the public improvements required by this chapter and that the improvements comply with the minimum standards and requirements of this chapter and the "The Kane County Construction Design Standards" at the time of acceptance.
(Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2022-15, 3-22-2022; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21F-2: TIMELINESS FOR ACTING ON ACCEPTANCE:
Unless the Kane County Land Use Authority Administrator extends the time for making a decision as to whether or not Kane County will accept dedicated public improvements, the dedication may be acted upon within one year following the completion of the public improvements in accordance with the "Kane County Construction Design Standards", but in no event shall such approval occur without the approval of the Kane County Engineer. In the event the Kane County Engineer does not approve the dedicated public improvements, the subdivider shall be so advised in writing and of the reason for the nonapproval. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21F-3: DEDICATION OF NONSUBDIVISION RIGHTS-OF-WAY AND ROADWAYS:
The Kane County Commission, on recommendation from the Kane County Land Use Authority, may accept Master Transportation Plans for areas in Kane County. Once a Master Transportation Plan is in place for an area the property owner(s) within the Master Transportation Plan area may dedicate the planned road(s) to Kane County. Kane County Land Use Authority and Kane County Commission may accept the dedicated roads by the recording of a road dedication plat. (Ord. O-2019-2, 1-14-2019)
9-21F-4: REQUIRED RIGHT-OF-WAY AND ROADWAY WIDTHS:
Rights-of-way/roadways that are dedicated will be dedicated to the required width of the Master Transportation Plan. If the right-of-way/roadway is planned to be centered on the boundary line between two (2) properties, both property owners will be required to dedicate their respective half of the right-of- way/roadway for the right-of-way/roadway to be accepted. If both of the property owners do not agree to the dedication, one of the property owners may dedicate the right-of-way/roadway wholly on their property. The rights-of-way/roadway will be required to be dedicated to provide continuity with adjacent dedicated rights- of-way/roadway.
Notwithstanding this provision, or any other provisions to the contrary in this title, upon application for subdivision or any plat amendment, the County may accept dedication, or may require dedication, of any existing road that is currently listed as a Class B or D road on the official records of the County Road or GIS Department, regardless of the condition or width of the road. (Ord. O-2019-2, 1-14-2019)
9-21F-5: ROADWAYS DIVIDING A PARCEL:
When an action initiated by the County for a dedicated roadway which roadway is deeded and accepted by the County, extends through a parcel, dividing said parcel into two (2) or more portions, the owner of the parcel may apply for a division of the parcel, without having to comply with the requirements of this chapter; and if the resulting divided parcel is smaller than required by this title, the parcel shall remain in that zone as a smaller non-conforming parcel. (Ord. O-2018-1, 1-12-2018)
9-21F-6: RIGHT-OF-WAY AND ROADWAY IMPROVEMENTS:
Dedicated rights-of-way/roadways not located within a platted subdivision do not have to be improved at the time of dedication. A dedicated right-of-way/roadway will be required to be improved to the standards set forth by the Utah Wildland Urban Interface Code (current edition) prior to a building permit being issued to any parcel required to be served by an all weather surface right- of-way/roadway. The right-of-way/roadway will have to be improved to a minimum twenty eight feet (28') wide improved all weather travel surface, prior to a second building permit being issued on a parcel being served by the right-of-way/roadway. The owner will be required to submit all invoices associated with the cost of building the road to the County. Any building permits issued within ten (10) years of the date of completion of improvements of the right-of-way/roadway will require the property owner to pay a proportionate share of the road construction cost to the property owner who paid the original cost of improvements. The road will be required to be asphalted prior to a development of five (5) acre density, or less, being approved or prior to a building permit being issued which will cause the average daily traffic (ADT) to be above four hundred (400) trips per day or then current standard for very low volume local road as defined by the American Association of State Highway and Transportation Officials (AASHTO) standards. The improvements may be completed with the development construction. (Ord. O-2019-2, 1-14-2019)
AVERAGE DAILY TRAFFIC USAGE TABLE
Land Uses | Units | Daily (Weekday) Average Rate |
Land Uses | Units | Daily (Weekday) Average Rate |
Single family dwelling | Dwelling units | 9.52 |
Apartment | Dwelling units | 6.65 |
Lodging/hotel | Dwelling units | 8.92 |
Retail/shopping center | 1,000 square feet | Non-linear rate |
General office building | 1,000 square feet | 11.03 |
Superstore | 1,000 square feet | 50.75 |
Gasoline/service station | Vehicle fueling positions | 168.56 |
Fast-food restaurant with drive-thru window | 1,000 square feet | 496.12 |
Restaurant (sit-down) | 1,000 square feet | 127.15 |
Industrial/general light | 1,000 square feet | 6.97 |
Charter schools/private (K - 12) | Students | 2.48 |
Civic: | ||
Library | 1,000 square feet | 56.24 |
Government office building | 1,000 square feet | 68.93 |
State Motor Vehicle Department | 1,000 square feet | 166.02 |
(Ord. O-2018-2, 4-9-2018; amd. Ord. O-2019-2, 1-14-2019; Ord. O-2023-13, 11-28-2023)
9-21F-7: RIGHT-OF-WAY IMPROVEMENTS FOR COMMERCIAL DEVELOPMENTS:
A commercial development right-of-way will be required to be improved to the Kane County Standards Construction Design Standards prior to a building permit being issued to any parcel or development as follows:
A. The right-of-way will have to be improved to a sixty six foot (66') right-of-way with a minimum twenty eight foot (28') road section width improved area.
B. The road shall be improved with a minimum of six inches (6") of untreated base course, unless pavement design requires greater section. Submit pavement design based on road traffic loading prepared by engineer licensed in State of Utah.
C. Any building permits issued within ten (10) years of the date of completion of improvements of the right-of-way will require the property owner to pay a proportionate share of the road construction cost to the property owner who paid the original cost of improvements.
D. The road will be required to be asphalted prior to a development of five (5) acre density, or less, being approved or prior to a building permit being issued which will cause the average daily traffic (ADT) to be above four hundred (400) trips per day or then current standard for very low volume local road as defined by the American Association of State Highway and Transportation Officials (AASHTO) standards.
E. The improvements may be completed with the development construction. (Ord. O-2019-4, 3-25-2019; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21G-1: GENERAL PROVISIONS:
All subdivisions must comply with the following standards:
A. The design and development of subdivisions shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil and trees.
B. Land subject to hazardous conditions such as, but not limited to, slides, mudflows, rockfalls, snow avalanches, possible mine subsidence, shallow water table, open quarries, floods, abandoned landfills, and polluted or nonpotable water supply shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans.
C. The "Kane County Construction Design Standards." (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21G-2: LOTS:
A. All lots shown on the subdivision plan shall conform to the minimum requirements of the Kane County zoning ordinance for the zone in which the subdivision is located, and to the minimum requirements of the engineer and the Southwest Utah health department for sewage disposal. The minimum width for any building lot shall be as required by the Kane County land use ordinance.
B. All lots shall abut a dedicated or private street. Streets shall be at least twenty eight foot (28') travel width. In the event a lot abuts a public right of way created by use, the subdivider shall improve the right of way to the standards required by this chapter and the "Kane County Standard Specifications And Drawing Details For Design And Construction".
C. Corner lots shall have extra width to allow for mandatory setbacks on both streets.
D. Side lot lines shall be at substantially right angles or radial to street lines. Where lot lines are not at right angles to the street lines, this shall be shown.
E. All remnants of lots less than minimum size left over after subdividing a larger tract shall be added to adjacent lots rather than allowed to remain lot remnants.
F. Where the land in a subdivision includes two (2) or more parcels in separate ownership and the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be held in either single or joint ownership before approval of the final plan and such ownership shall be recorded in the office of the Kane County recorder.
G. No single lot shall be divided by a municipal or county boundary.
H. A lot shall not be divided by a road, alley or other lot.
I. No wedge shaped lot shall be less than thirty feet (30') in width at the front property line, or the lot frontage required by the zoning ordinance, whichever is larger.
J. All residential lots in subdivisions shall front on a public street or on a private street or court approved by the Administrative Kane land use authority, except as may be approved for planned unit developments or other special dwellings. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21G-3: STREETS:
A. Minor streets shall be laid out to discourage through traffic.
B. Stub streets shall be provided where needed to connect to adjacent undeveloped land and new streets must be provided where needed to connect to existing stub streets in adjacent subdivision. Not more than three (3) lots shall front stub streets, except where a temporary cul-de-sac turnaround side is provided.
C. Intersections of minor streets with major streets shall be kept to the minimum.
D. No half streets are permitted.
E. Dead end streets, including stub streets, shall be permitted or required by the Kane County engineer only to provide future access to adjoining property, except for dead end street systems in cluster subdivisions, planned unit developments, condominium developments, or similar special projects.
F. Permanent cul-de-sac streets serving no more than six (6) lots, and not more than eight hundred feet (800') long, whichever is more restrictive, may be permitted and shall be provided with a right of way at the turnaround of fifty five and one-half feet (551/2') radius or more, and the outside curb or pavement edge radius shall be forty eight feet (48') or more.
G. No more than four (4) streets shall enter an intersection.
H. Streets should intersect at ninety degrees (90°). All others may be designed only with approval of the Kane County engineer.
I. Two (2) subordinate streets meeting a through street from opposite sides shall meet at the same point, or their centerlines shall be offset at least two hundred feet (200').
J. Streets shall have the names of existing streets which are in alignment. There shall be no duplication of street names within the area. All street names shall be approved by the Kane County GIS Director. Permanent signs shall be installed by developer at his expense at time of installation of other off site improvements with locations approved by Kane County.
K. Where a residential subdivision abuts a major highway, frontage roads may be required. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2022-07, 2-22-2022)
9-21G-4: CURVATURE AND ALIGNMENT:
Ensure adequate sight distances. When street roadway lines deflect more than five degrees (5°), connection shall be made by horizontal curves. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21G-5: BLOCK AND CUL-DE-SAC STANDARDS:
Block lengths shall be one thousand feet (1,000') or less. Cul- de-sac shall be no longer than eight hundred feet (800'). (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21G-6: PEDESTRIAN CROSSWALKS:
Pedestrian rights of way of not less than ten feet (10') in width may be required by the Kane County engineer through blocks where needed for adequate pedestrian circulation. Walk improvements (paving) of not less than five feet (5') in width shall be placed within the rights of way, as required by the Kane County engineer. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21G-7: EASEMENT STANDARDS:
A. Utility easements shall follow front lot lines wherever possible. (See design standards drawing RD02.)
B. Where front line easements are not possible, easements shall follow rear and side lot lines and shall have a minimum total width of fifteen feet (15') apportioned equally on abutting properties.
C. All easements shall be designed so as to provide efficient installation of utilities.
D. All power lines, telephone lines, and other normally overhead utility lines shall be placed underground by the subdivider unless the Kane County engineer determines it is not feasible to do so. This determination would be based upon application by a subdivider, supported by recommendation of the county engineer, and approved by the Kane County Administrative Land Use Authority. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21G-8: EXTERIOR PERIMETERS:
Based on the Utah State Open Range Policy, it is a landowner's responsibility to fence their property as to keep livestock out. If fencing, gates or cattle guards already exist that keep cattle off the highway or public lands, said fencing gates or cattle guards must remain in place. However, they may be moved to conform to new lot lines. (Ord. O-2017-4, 6-26-2017)
9-21G-9: ALLEYS:
The Kane County Engineer may approve service access to the interior of blocks in certain instances, in which case alleys must be indicated on the plan and plat. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21G-10: SANITARY SEWAGE DISPOSAL:
A. Except as otherwise provided below, the subdivider shall provide, or have provided, an approved piped sanitary sewage system to the property line of every lot in the subdivision. The sewage system shall meet the minimum standards and requirements of the State Department of Environmental Quality. Certification of compliance shall be provided to the Kane County Land Use Authority by the subdivider.
B. Where the Kane County General Plan or other plans indicate that construction or extension of sanitary sewers may serve the subdivision area within a reasonable time, the Kane County Administrative Land Use Authority may require the installation and capping of sanitary sewer mains and house connections by the subdivider. Whenever individual on-lot sanitary sewage disposal systems are proposed, they shall be installed at the time the principal building is constructed, and no building permit shall be issued until such installation is completed. In all other cases, sanitary sewage disposal facilities shall be provided for every lot or parcel by a complete community or public sanitary system.
C. All new subdivisions and multiple lot/unit developments within the wastewater service area of any local or special service district that provides sewer or wastewater services, shall connect to the relevant district's wastewater collection system or shall otherwise participate in the wastewater system. New subdivisions and multiple lot/unit developments shall be required to connect to the wastewater system when reasonable access is available. In general, reasonable access shall be considered as the subdivision or development parcel being located within three hundred feet (300') multiplied by the number of proposed lots or units, whichever is greater, of any of the district's wastewater collection facilities, except by written approval of the District Board in cases of undue hardship.
D. No final plat approval for the establishment of a residential, commercial or industrial subdivision or other multiple unit/lot development in the wastewater service area shall be granted or given until such time that the relevant district has reviewed and approved all plans and specifications for the proposed wastewater system serving said subdivision or development.
E. Any person or entity desiring to obtain final plat approval for the establishment of a residential, commercial or industrial subdivision or multiple unit/lot development shall be required to submit to the relevant district the following information and documentation: 1) the name, address, email address, telephone number and fax number of the owner and developer, 2) a plat or map showing the location and layout of the proposed subdivision or development, 3) an accurate legal description of the property to be developed, 4) a description of the development activity for which approval is being sought, 5) a detailed description, including plans and specifications, of the proposed wastewater collection and disposal system for such subdivision or development, 6) an engineering report establishing that approval of the proposed wastewater system shall not adversely affect the ground or surface water quality, and 7) any other information deemed necessary or desirable by the district.
F. All wastewater system improvements proposed by subdividers and developers shall be designed and constructed in compliance with the State of Utah Department of Environmental Quality rules and the district's design and construction standards.
G. The parcel or lot owner, or developer shall bear all costs of and fees for connecting the parcel, subdivision, or development to the relevant district's wastewater system. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. 2020- 22, 10-27-2020; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21G-11: WATER SUPPLY:
All culinary water systems and plans, whether public or private, shall conform to County ordinances, including, but not limited to, this chapter and the “Kane County Construction Design Standards,” and shall be approved by the appropriate State and Local authorities. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21G-12: SANITATION COLLECTION SITES:
The subdivider shall provide a sufficient number of sites for the collection and removal of solid waste. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21I-1: GUARANTEE; IMPROVEMENT COMPLETION ASSURANCE:
Before approval of the final plat, the developer/subdivider shall provide an improvement completion assurance, guaranteeing the installation of the required subdivision improvements, by one of the methods as described in section 9-21I-2, 9-21I-3 or 9-21I-4 of this article, prior to recording a subdivision plat or beginning development activity. This requirement is applicable to individual phases of a development. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014; amd. Ord. O-2024-14, 11-12-2024)
9-21I-2: PAYMENT AND PERFORMANCE BONDS:
The developer/subdivider shall furnish payment and performance bonds in an amount equal to one hundred ten percent (110%) of the engineer's estimated cost of improvements as approved by the Kane County engineer. The additional inflation percentage shall be determined in the development agreement and added to the one hundred ten percent (110%) figure. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-3: ESCROW DEPOSIT:
The developer/subdivider shall deposit in an interest bearing escrow account an amount of money equal to one hundred ten percent (110%) of the engineer's estimated cost of improvements as approved by the county engineer. The additional inflation percentage shall be determined in the development agreement and added to the one hundred ten percent (110%) figure. The escrow account shall be used solely for securing the subdivisions improvements. The escrow account holder must be approved by Kane County prior to deposit being made. The terms of the escrow account shall only require that the county present the issuer with a signed draft and a certificate signed by an authorized representative of the county certifying to the county's right to draw funds on the account to complete the required improvements. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-4: IRREVOCABLE LETTER OF CREDIT:
The developer/subdivider shall file with Kane County an irrevocable letter of credit from a duly chartered state or national bank or savings and loan institution in an amount equal to one hundred ten percent (110%) of the engineer's estimated cost of improvements as approved by the Kane County engineer. The additional inflation percentage shall be determined in the development agreement and added to the one hundred ten percent (110%) figure. Said letter of credit shall:
A. Be irrevocable;
B. Be of a term sufficient to cover the completion, plus sixty (60) days, and the improvement warranty period; and
C. Require only that the county present the issuer with a signed draft and a certificate signed by an authorized representative of the county certifying to the county's right to draw funds under the letter of credit. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-5: DEFAULT:
In the event the developer/subdivider fails to complete the required improvements as stipulated in the development agreement, within two (2) years after final plat acceptance, Kane County shall pursue action against whichever method of guarantee was provided (section 9-21I-2, 9-21I-3, or 9-21I-4 of this article) to complete the improvements as described.
Kane County may assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which required development improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the tract.
Kane County may exercise any other rights available under the law, upon default. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-6: IMPROVEMENT GUARANTEE; WARRANTY:
The developer/subdivider shall guarantee that all improvements provided, installed and as stipulated in the development agreement, shall remain free of defects for a period of one year from date of acceptance by the county. This guarantee shall be in the form of an improvement warranty in the amount of ten percent (10%) of the engineer's estimated cost of improvements as approved by the Kane County engineer.
Identifying the necessity for repairs and/or maintenance of the installed work rests with the county engineer, or designee, and whose decision upon the matter shall be final and binding upon the developer/subdivider. Should the county engineer find that repairs or maintenance is necessary, and upon written notice, the developer/subdivider shall have a maximum of thirty (30) days to affect the required repairs or maintenance work.
Should the developer/subdivider fail or refuse to affect said repairs or maintenance, the county shall have such work done at the developer/subdivider's expense. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-7: COVENANT:
The developer/subdivider shall, as part of the executed development agreement, not sell, lease or convey any of the subdivided property to anyone unless he/she/they, as a condition thereto, satisfy at least one of the foregoing requirements of section 9-21I-2, 9-21I-3, or 9-21I-4 of this article. The agreement shall specifically provide that it shall be deemed to be a covenant running with the land, binding all successors, heirs, and assigns of the property owner to secure the installation of the improvements required together with payment of all costs, including reasonable attorney fees which may be incurred by Kane County in the enforcement of any of the terms and provisions of the agreement. The development agreement shall be recorded in the Kane County recorder's office. All existing lienholders shall be required to subordinate their liens to the covenants contained in the development agreement. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-8: ACCEPTANCE AND RELEASE OF SURETY:
A. Request for conditional acceptance of the subdivision improvements and reduction in surety must be in writing from the developer/subdivider to the land use authority administrator. When installation of the subdivision improvements are seventy five percent (75%) complete, fifty percent (50%) of the estimated cost of the improvements will be released after inspection and written verification by the county engineer. After final completion of all work, an additional fifty percent (50%) of the estimated cost will be released after inspection and written verification by the county engineer. This leaves ten percent (10%) of the estimated cost to be held as the improvement warranty for the improvement warranty period, being one year from final completion and acceptance of the improvements, or a lengthier improvement warranty period as may be permitted, pursuant to this section, or Utah Code Annotated section 17-27a-604.5, as amended. The schedule for release of surety may be modified by the specific development agreement.
In many cases, the improvement warranty will be on the same document as the improvement completion assurance/performance bond. However, the county may require a separate document containing the improvement warranty.
B. Final inspection by the Kane County engineer shall be made one year after all improvement work has been completed. Any and all defects must be repaired and maintenance must be completed prior to final approval.
C. Upon written approval by the Kane County engineer, the land use administrator shall, in writing, accept all improvements and release remaining improvement warranty. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21I-9: DEFINITIONS:
The following definitions apply to this article:
IMPROVEMENT COMPLETION ASSURANCE: A surety bond, letter of credit, cash, or other security required by Kane County to guaranty the proper completion of landscaping or infrastructure that the land use authority has required as a condition precedent to:
A. Recording a subdivision plat; or
B. Beginning development activity.
IMPROVEMENT WARRANTY: An applicant's unconditional warranty that the accepted landscaping or infrastructure:
A. Complies with Kane County's written standards for design, materials, and workmanship; and
B. Will not fail in material respect, as a result of poor workmanship or materials, within the improvement warranty period.
IMPROVEMENT WARRANTY PERIOD: A period:
A. No later than one year after Kane County's acceptance of required infrastructure, unless the county:
1. Determines for good cause that the one year period is inadequate to protect the public health, safety, and welfare; and
2. Has substantial evidence, on record:
a. Of prior poor performance by the applicant; or
b. That the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. (Ord. 2014-9, 5-19-2014, eff. 6-3-2014)
9-21J-1: SCOPE:
The Kane County administrative land use authority may make special requirements for the regulation of subdivisions in rural, mountainous or desert areas for prevention or erosion, pollution and excessive costs to the public; protection of existing social, physical or economic values; and protection from fire and other hazards. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21J-2: APPLICATION:
Before applying special requirements to rural, mountain or desert subdivisions that are more restrictive than those otherwise applicable by this chapter, the Kane County land use authority administrator shall cause copies of the proposed subdivision to be issued to the staff (i.e., building official, county engineer, GIS/transportation department and any other entities deemed appropriate) for review and comment. The Kane County Administrative Land Use Authority shall determine what special requirements apply, if any, based on information supplied by the staff. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2024-14, 11-12-2024)
9-21J-3: ADDITIONAL PROVISIONS:
Notwithstanding any other provisions herein or within this chapter, the following requirements shall apply to all rural, mountain and desert subdivisions:
A. Any land within a subdivision having a slope greater than ten percent (10%) shall be deemed to be land having a "steep slope". Developer shall not be permitted to grade, excavate, fill or otherwise modify said land if slope is between ten (10) and forty percent (40%) without first submitting a geological report for review and staff approval. In no case may a structure be erected on land with a slope of forty percent (40%) or greater.
1. Geologic Report:
a. A geologic report shall include maps and a report containing not less than the following information:
(1) The site location and regional setting of the subject property;
(2) A site specific geologic map which illustrates exposure to geological and natural hazards. The map shall illustrate the proposed site modifications relative to geological and natural hazards and/or geotechnical limitations that may impact the site. Any corrective site modification actions necessary to mitigate or avoid hazards or limitations shall be clearly identified on the map;
(3) Maps shall use scale of one inch equaling one hundred feet (1" = 100'), with contour lines at five foot (5') intervals. Existing contours shall be shown by dashed lines and proposed contours shall be shown as solid lines. Boring logs, cross sections, test trench logs, soil sample descriptions, and test results shall be included;
(4) The county engineer may require additional maps or additional detail on existing maps as reasonably necessary to evaluate actual or potential geologic hazards.
b. The report shall include:
(1) A description of the proposed grading, filling, excavation, or structure;
(2) An analysis of the effects of the proposed grading, filling, excavation, or erection of a structure in relation to the geologic conditions shown in the geologic maps;
(3) With regard to a structure, an analysis of the manner in which the same, as constructed, will be made reasonably safe for human habitation;
(4) Any corrective or remedial action necessary to avoid a violation shall be described and analyzed in detail;
(5) A list, including title, author and date, or all prior studies or reports which are relied upon to make this report; and
(6) The county engineer may require additional information or analyses which are reasonably necessary to evaluate actual or potential geologic hazards. This includes submittal of geologic reports to the state geologist for review and comment.
2. Engineer/Geologist Qualifications And Certificate:
a. A letter report or a geologic report shall be approved and signed by one of the following, whose primary area of expertise is required to address the particular issue:
(1) A geotechnical engineer who shall be a registered professional engineer in the state of Utah, qualified by training and experience in the application of the principles of soil mechanics to foundation investigation, slope stability, and site development; or
(2) An engineering geologist who shall be a graduate in geology or engineering geology from an accredited university with at least five (5) years of professional geologic experience of which at least three (3) full years shall be in the field of engineering geology.
b. A letter report or a geologic report shall contain the following certificate:
CERTIFICATE
I hereby certify that I am a geotechnical engineer or an engineering geologist, as those terms are defined in Section 9-21J-3 of the Kane County code. I have examined the letter report/geologic report to which this certificate is attached and the information and conclusions contained therein are, without any reasonable reservation not stated therein, accurate and complete. All procedures and tests used in said letter report/geologic report meet minimum applicable professional standards.
c. In addition to any applicable private civil remedies, it shall be unlawful to knowingly make a false, untrue, or incomplete statement in a letter report or a geologic report or to sign the certificate described above knowing the same to be materially false or not true.
d. In general, it shall be the responsibility of a qualified engineering geologist to perform fault studies and landslide investigations, while it shall be the responsibility of a qualified geotechnical engineer to prepare soils and foundation studies, particularly addressing such issues as expansive and collapsible soils, liquefaction evaluations and engineering aspects of landslide studies.
B. Required stormwater runoff collection facilities shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill.
C. Natural drainage shall be riprapped or otherwise stabilized below drainage and culvert discharge points to the satisfaction of the Kane County engineer.
D. Sediment catchment ponds shall be constructed downstream from each subdivision, unless sediment retention facilities are provided within the subdivision.
E. No subdivision design or plan shall be approved which constitutes the creation of hazardous conditions relating to flooding, pollution, fire, geologic hazards or damage or danger to environmental values. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21K-1: INTENT:
Kane County desires to create a simplified, less restrictive process for the dividing of land located within the unincorporated areas of Kane County when the project is small and the main purpose and general intent of the division is not property development. This simplified process does not require all of the same improvements and regulations that are required under this chapter when applying for the division of land and approval of a subdivision plat. Under Utah State Code and Kane County ordinance almost any division of land is defined as a subdivision even though the common and ordinary use of the word subdivision refers to denser residential areas that include roads, utilities, and other improvements.
Furthermore, for decades many individuals have subdivided their property without first complying with State law and County ordinance in effect at the time of the illegal subdivision. Many individuals may desire to use this article to bring their land into compliance. If an applicant under this article otherwise complies with the requirements of this article, they may obtain approval for a AG rural unimproved split if, and only if, the application includes all portions of the original land (sometimes referred to as parent parcel) as it legally existed prior to being subdivided illegally, and the application is joined by all of the current property owners. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. 2014-18, 9-22-2014; Ord. O-2022-43, 8-23-2022)
9-21K-2: MODIFYING REGULATIONS:
Any improvements to be made within a AG rural unimproved split such as, but not limited to: roads, water, fire suppression water, power, septic/sewer, and drainage system shall first be approved by the Land Use Authority before any work can begin. The owner and/or owner's agent will be required to submit a Developers Subdivision Application and complete the subdivision approval process. All subdivision requirements and standards can be found in articles A through I of this chapter. Any owner and/or owner's agent found in violation of this section shall be guilty of a Class C misdemeanor upon conviction, punishable by a fine, injunction, mandamus, abatement, merger of title, civil penalty, or any other remedy provided by law. (Ord. O-2019-13, 6-11-2019; amd. Ord. O-2022-43, 8-23-2022)
9-21K-3: AG RURAL UNIMPROVED SPLIT APPLICATION:
Notwithstanding articles A through J of this chapter, the Administrative Land Use Authority may approve an application for an AG rural unimproved split, if the following criteria and requirements are met:
A. The applicant shall complete, sign, and submit an official application together with any other required documentation, the form of the application having been prepared by the Land Use Administrator, and pay the associated fee.
B. The proposed split:
1. Is for ten (10) lots or less, all of which are at least ten (10) acres as a conforming aliquot parts parcel or less than ten (10) acres, but not less than 9.5 acres if necessary to compensate for the curvature of the earth or the convergence of Township lines as recognized in the public land survey system, or because of previous survey errors;
2. Is not traversed by the mapped lines of a proposed street as shown in the general plan and does not require the dedication of any land for street or other public purposes;
3. Has been approved by the culinary water authority and the sanitary sewer authority, if a culinary water system or sewer system is included in the plans of the subdivision (Note: Under Kane County ordinance and Utah State Code a building permit will not be issued for lots that do not first contain an approved culinary water and sewer system.);
4. Is located in a zoned area; upon completion and approval of application, land will then comply with FAA agricultural land use and will be zoned AG-FAA. The AG-FAA zoning must remain in place for a minimum of five (5) years from the time of the split.
5. Conforms to all applicable Land Use Ordinances or has properly received a variance from requirements of an otherwise conflicting and applicable Land Use Ordinance;
6. Is graphically illustrated on a record of survey map completed by a licensed surveyor who certifies that he or she is a licensed surveyor and has verified all measurements and placed monuments as represented on the map. The record of survey map must be signed by the applicant and the surveyor, and shall contain the following notes on the record of survey:
a. Roads are not constructed or maintained by Kane County or any local government entities and are the responsibility of the owner(s) or developers;
b. No utilities (e.g., power, water, sewer, phones) are provided by Kane County. Kane County does not bear the responsibility now or in the future for any improvements. Improvements are the responsibility of the owner or developer;
c. If and when the developer/landowner has met County standards and specifications for infrastructure and they have been formally accepted by the County these notations should be removed from the plat;
d. County acceptance of infrastructure does not infer that the County will upgrade that accepted infrastructure beyond the standard of its acceptance;
7. Provides each newly created parcel with: a) legal recorded access to the utility and access easements and other rights of access that the parent parcel holds at the time of the subdivision application; and b) a recorded public access and public utility easement(s) with a minimum of a fifty foot (50') width for the new parcels. Roads that terminate within the development may be recorded as private easements rather than a public easement at the discretion of the applicant; c) a recorded utility easement across the parent parcel necessary to allow each newly created parcel access to the same utilities currently available to the parent parcel and planned future access for power, water, and other utilities, to be available to all the parcel(s) in the future; and d) to provide access and utility easement(s) from the original point of access of the parent parcel to the newly created parcel(s) to any public right-of-way. If a recorded access does not exist at the time of the application, the width of the newly created access across private property shall be listed in subsection B7c of this section.
a. A public right-of-way shall be any right-of-way claimed by UDOT, the County, or a municipality as a Class B, C, or D road which is established or claimed through a recorded deed easement, RS-2477 assertion, or title V easement on BLM lands recorded access across State trust lands, recorded access across Forest Service lands, or a public prescriptive easement as determined by the Kane County GIS Department.
b. The recorded legal access may be any of the following:
(1) On BLM Lands: Access across public lands shall be accepted in the form of any valid, private, public or County title V or RS-2477 rights-of-way. RS-2477 right-of-way or title V access across land managed by the Bureau of Land Management (BLM) with any width approved by the BLM deemed acceptable.
(2) On Private Lands: Existing recorded legal access easement with a minimum of twenty eight feet (28'). Prescriptive easements do not satisfy the access requirements of this section. The subservient land owner must sign a recordable document acknowledging the easement and allow use for all of the new lots in the proposed subdivision as a public or private easement as outlined in this subsection B7.
c. Width of a newly created easement may be any of the following:
(1) Any new recorded easement across private land, with a minimum width of sixty six feet (66') or fifty feet (50') as outlined in this subsection B8; and
8. Has a name for each existing and newly created access road or easement distinct from other road or easement names located in Kane County for address purposes, designated on the record of survey.
C. The applicant shall submit an agreement of understanding with the Kane County Commission that in unincorporated areas of the County, dedicated roads will not be accepted, paved or maintained by the County, until the subdivision complies with articles A through J of this chapter.
D. The proposed split does not include land previously divided under this article.
E. If the applicant so desires a plat may be submitted instead of the record of survey map. The form of the plat must conform with all the requirements of this chapter.
F. The application is signed and submitted by each and every property owner of the land included in the application.
G. If any land contained in the application is the result of land that was previously divided without first complying with State law and County ordinances, the application must include all of the lots or parcels that together represent the entire original parent parcel before it was subdivided illegally.
H. If the proposed split contains agricultural land that qualifies as land in agricultural use as defined by Utah State Code section 59-2-502 (FAA) the applicant must also submit:
1. A signed statement that the land is not used and will not be used for any nonagricultural purpose;
2. A signed notice that the County shall require the parcel to comply with articles A through J of this chapter if it is later used for a nonagricultural purpose.
I. If fencing, gates or cattle guards exist they must remain in place. However they may be moved to conform to new lot lines.
J. If any roads exist at the time of applying for the rural unimproved split they must continue to remain at the existing or improved condition.
K. It is not necessary to improve any existing roads to the full width of the dedicated easement at the time of application.
L. If any proposed lot has access to any major highway system, the applicant shall give notice to the Utah Department of Transportation for the newly created lots or parcels.
(Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. 2013-11, 11-25-2013, eff. 12-10-2013; Ord. 2014-18, 9-22-2014; Ord. O-2015-12, 7-27-2015, eff. 8-11-2015; Ord. O-2016-4, 10-15-2018; Ord. O-2018-6, 7-9-2018; Ord. O-2019-4, 3-25-2019; Ord. O-2019-13, 6-11-2019; Ord. O-2022-43, 8-23-2022; Ord. O-2024-14, 11-12-2024; Ord. O-2025-19, 6-24-2025)
9-21K-4: APPROVAL:
A. If an applicant meets the requirements of section 9-21K-3 of this article, the Administrative Land Use Authority shall approve the application or deny the application.
B. Upon final approval the Administrative Land Use Authority shall sign the plat or issue a letter of written approval in the case of a record of survey or the record of survey may have all the signature blocks required for a plat in place of a written letter.
C. A rural unimproved split with a recorded approved plat or a letter of written approval recorded with a record of survey shall be considered in compliance with this chapter as of the date of recording.
D. A building permit shall not be denied on the basis that a lot or parcel is part of a rural unimproved split, approved under this article.
F. A plat may not be recorded without all the appropriate signatures and a record of survey map may not be recorded without the letter of written approval or signature. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2019-4, 3-25-2019; Ord. O-2019-13, 6-11-2019; Ord. O-2022-43, 8-23-2022; Ord. O-2024-14, 11-12-2024)
9-21L-1: MINOR SUBDIVISION EXEMPTION:
Kane County adopts Utah state code section 17-27a-605(4). A subdivision of land that qualifies as a minor subdivision under section 4 does not have to meet the requirements of articles A through J of this chapter. An applicant that desires to create a minor subdivision lot must file application with the Kane County land use authority certifying that the requirements of Utah state code section 17-27a-605(4) have been completed. If the applicant meets all the requirements of said subsection, the land use authority administrator will approve the subdivision after an administrative review. After the land use authority administrator's review, a letter of compliance will be issued to be recorded at the recorder's office for future verification of compliance with state code. (Ord. 2014-1, 1-27-2014, eff. 2-11-2014; amd. Ord. O-2015-12, 7-27-2015, eff. 8-11-2015)
9-21M-1: INTENT:
Hundreds of lots or parcels located in the County have been subdivided without first complying with the provisions of this chapter. Often, individuals have divided their property illegally at the direction of private professionals. Others have misinterpreted previous County ordinances and thought they were acting in conformity with applicable laws. Many of these unapproved subdivisions exist undetected for years and often are sold and then resold from the subdivider to a third party purchaser before the error is detected by the County. Beginning in 2009, Kane County created a Subdivision Ordinance that required greater improvements and strictly enforced the Subdivision Ordinance wherever possible. Since that time, although there is no legal duty to do so, Kane County has acted diligently to inform its residents that no property can be divided without first complying with State Code and the County Subdivision Ordinance. The purpose of this article is to provide a plausible option for purchasers of property illegally subdivided prior to 2009 to bring their property into compliance while still maintaining a minimal level of appropriate land use development practices.
In 2012, Kane County adopted the Rural Unimproved Subdivision Ordinance (article K of this chapter) to allow a less restrictive means for dividing property. Although some of the requirements of the rural unimproved subdivision are the same and the end result is similar to this article, the "Platted Unimproved Subdivision", many landowners who own previously illegally subdivided land do not qualify for a rural unimproved subdivision because the application does not include all of the land as it existed prior to the illegal subdivision (sometimes referred to as the parent parcel). In order for illegally subdivided land to qualify for a rural unimproved subdivision the application must contain all of the land that was illegally subdivided from the original parent parcel and the application must be joined by all of the landowners if there is more than one. Under this article the applicant does not have to present all of the land that was divided illegally. The applicant must however present all of the land that they own contained within the parent parcel which existed legally before the illegal subdivision. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21M-2: MODIFYING REGULATIONS:
Any improvements to be made within a platted unimproved subdivision such as, but not limited to: roads, water, fire suppression water, power, septic/sewer, and drainage system shall first be approved by the Land Use Authority before any work can begin. The owner and/or owner's agent will be required to submit a Developers Subdivision Application and complete the subdivision approval process. All subdivision requirements and standards can be found in articles A through I of this chapter. Any owner and/or owner's agent found in violation of this section shall be guilty of a Class C misdemeanor upon conviction, punishable by a fine, injunction, mandamus, abatement, merger of title, civil penalty, or any other remedy provided by law. (Ord. O-2019-13, 6-11-2019)
9-21M-3: PLATTED UNIMPROVED SUBDIVISION APPLICATION:
Notwithstanding articles A through J of this chapter, the Land Use Authority may approve an application for a platted unimproved subdivision, if the following criteria and requirements have been met:
A. The applicant shall complete, sign, and submit an official application together with any other required documentation, the form of the application having been prepared by the Land Use Administrator, and pay the associated fee.
B. The applicant shall submit proof by a preponderance of evidence that: 1) all of the land contained in the application was subdivided prior to January 1, 2009; 2) the act of subdivision was done by a person who is not the applicant or among the applicants, or by persons, none of whom are the applicant or among the applicants; and 3) the act of subdividing was done in any manner that did not fully comply with State Code and County ordinance in effect at the time of the act.
C. The application shall contain each and every lot or parcel of land owned by the applicant or applicants which resulted from the illegal subdivision of the same original piece of land. The original piece of land shall have been in compliance with all applicable State and County subdivision regulations before the illegal subdivision. This subsection shall not prohibit the approval of an application solely because there were multiple acts of illegal subdivision on the same original piece of land that occurred at different times.
D. The application shall not include any portion of land previously approved under this article, article K or L of this chapter, or that is or was already part of an approved platted subdivision as shown by the records in the County Recorder's Office.
E. Each lot or parcel in the application shall be:
1. Graphically illustrated on a subdivision plat, the form of which, notwithstanding the infrastructure and improvements required under this chapter, otherwise complies with the requirements of this chapter.
2. Located in a zoned area; upon completion and approval of application, land will then comply with FAA agricultural land use and will be zoned AG-FAA.
3. Each newly created parcel shall be provided with: a) legal recorded access to the utility and access easements and other rights of access that the parent parcel holds at the time of the subdivision application; b) a recorded public access and public utility easement(s) with a minimum of sixty six foot (66') width across the parent parcel for any roads that provide access beyond the development or are planned to provide access beyond the development or a minimum of fifty foot (50') width for roads that terminate within the development to provide access and utility easement(s) from the original point of access of the parent parcel to the newly created parcels. Roads that terminate within the development may be recorded as private easements rather than a public easement at the discretion of the applicant; c) a recorded utility easement across the parent parcel necessary to allow each newly created parcel access to the same utilities currently available to the parent parcel and planned future access for power, water, and other utilities, to be available to all the new parcel(s) in the future; and d) access and utility easement(s) from the original point of access of the parent parcel to the newly created parcel(s) to any public right-of-way.
4. Approved by the culinary water authority and the sanitary sewer authority, if a culinary water system or sewer system is included in the plans of the subdivision. (Note: Under Kane County ordinance and Utah State Code a building permit will not be issued for lots that do not first contain an approved culinary water and sewer system.)
F. The plat shall have a name for the subdivision that includes the words “Platted Unimproved Subdivision” which is distinct from all other recorded subdivisions in the County Recorder’s Office.
G. The size, shape and location of the proposed lots as shown on the proposed plat may be different than the size, shape and location of the land as it was illegally subdivided prior to January 1, 2009, except that no lot shall be reduced in size if it is already smaller than ten (10) acres and no lot shall be reduced to a size smaller than ten (10) acres. Furthermore, the total number of proposed lots on the plat may be the same or less but shall not be greater than the number of lots created by the act of illegal subdivision prior to January 1, 2009.
H. The application shall not be inconsistent with the County General Plan.
I. Each existing easement (either by dedication or by prescriptive use) providing access to surrounding subservient properties shall be preserved and dedicated on the plat. Upon permission from the owner of the subservient lot, these existing easements may be realigned.
J. Any public right-of-way or utility easement (either by dedication or by prescriptive use) existing on the land contained in the application shall be preserved and dedicated on the plat.
K. Each existing and newly created access road or easement shall have a name for address purposes that is distinct from other road or easement names located in Kane County as approved by the Address Administrator.
L. The applicant shall submit an agreement of understanding with the Kane County Commission that in unincorporated areas of the County, dedicated roads will not be accepted, improved or maintained by the County, until the subdivision complies with articles A through J of this chapter, specifically including the width of the easement and the condition of the road.
M. If the application contains agricultural land in agricultural use as defined in Utah State Code section 59-2-502 (FAA) (as amended) the applicant is not required but is encouraged to meet with the County Assessor to review how this application may affect the tax status of the land in the application. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. 2014-1, 1-27-2014, eff. 2-11-2014 Ord. O-2018-1, 1-12-2018; Ord. O-2019-13, 6-11-2019; Ord. O-2022-23, 4-26-2022)
9-21M-4: APPROVAL; EFFECT OF APPROVAL:
A. If an applicant meets the requirements of section 9-21M-3 of this article the Administrative Land Use Authority shall approve or deny the application.
B. If recommended for approval the plat shall be recorded.
C. A platted unimproved subdivision with a recorded approved plat shall be considered in compliance with this chapter as of the date of recording.
D. A building permit shall not be denied on the basis that a lot or parcel is part of a platted unimproved subdivision, approved under this article.
(Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2019-13, 6-11-2019; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21N-1: INTENT:
Under Utah code section 17-27a-103(60) a subdivision is essentially defined as any and all divisions of land. There are several exclusions including (60)(c)(i) "a bona fide division or partition of agricultural land for agricultural purposes". This chapter contains the same definition. This exclusion is referred to in this chapter as a bona fide agricultural division. If a division of land qualifies under this exclusion, the division of land is not subject to the general requirements of the subdivision ordinance. This article first sets forth a mandatory application process so that individuals who desire to use the exclusion along with present and future county officials can be assured that the act of division is or was done in compliance with applicable laws. Second, this article sets forth the present and future restrictions on land that is divided as a bona fide agricultural division. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2015-12, 7-27-2015, eff. 8-11-2015)
9-21N-2: DEFINITIONS:
AGRICULTURAL LAND, LAND IN AGRICULTURAL USE: Land devoted to the raising of useful plants and animals with a reasonable expectation of profit that also has a recorded approved application under the farmland assessment act, Utah code section 59-2-501 et al., as amended.
AGRICULTURAL PURPOSE: A result or effect that is intended or desired to substantially promote, support or encourage a legitimate existing agricultural use.
AGRICULTURAL USE: The raising of useful plants and/or animals with a reasonable expectation of profit.
BONA FIDE DIVISION OR PARTITION OF AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES: Any division of agricultural land, as defined herein, which is actively devoted to "agricultural use", as defined herein, for a specific "agricultural purpose", as defined herein, provided that the following criteria are also established:
A. Each subsequent lot is at least ten (10) acres in size;
B. The land at the time of the division is zoned agricultural;
C. The purpose for the division is a legitimate agricultural purpose which is common practice among landowners actively engaged in agricultural use. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21N-3: BONA FIDE AGRICULTURAL DIVISION APPLICATION:
No land shall be divided under the definition set forth in Utah code section 17-27a-103(60)(c)(i) without first submitting an application that complies with this article. Notwithstanding articles A through J of this chapter, the administrative land use authority may approve an application for a bona fide agricultural division, if the following criteria and requirements are met:
A. The applicant shall complete, sign, and submit an official application together with any other required documentation, the form of the application having been prepared by the land use administrator, and pay the associated fee, if any.
B. The administrative land use authority finds that the proposed division is a "bona fide division or partition of agricultural land for agricultural purposes" as defined in section 9-21N-2 of this article.
C. The administrative land use authority shall presume that the proposed division is not a bona fide division or partition of agricultural land for agricultural purposes unless the applicant overcomes the presumption by a preponderance of the evidence.
D. The applicant has the burden to specifically prove that the land contained in the application is agricultural land and that the subsequent lots or parcels will continue to be agricultural land.
E. The applicant shall present the specific agricultural purpose for the division.
F. The application shall not include any portion of land previously approved under article K, L or M of this chapter or that is or was already part of an approved platted subdivision as shown by the records in the county recorder's office.
G. Each lot or parcel contained in the application shall conform to the size and shape requirements of the agricultural zone.
H. The application shall contain the proposed legal description of each resulting lot or parcel and shall contain a drawing that generally indicates the size, shape, and location of the proposed division.
I. The applicant shall not be required to submit a plat or record of survey but is encouraged to do so.
J. The application shall not be inconsistent with the county general plan.
K. The applicant shall submit an agreement of understanding with the Kane County administrative land use authority that in unincorporated areas of the county, dedicated roads will not be accepted, improved or maintained by the county, until the subdivision complies with articles A through J of this chapter, specifically including the width of the easement and the condition of the road.
L. Each lot or parcel contained in the application shall have: 1) a vesting of the utility and access easements and other rights of access that the parent parcel holds at the time of the application; 2) a minimum twenty eight foot (28') wide recorded access and utility easement across the parent parcel that is necessary to connect the new parcel to any public right of way to which the parent parcel has access; and 3) a recorded utility easement across the parent parcel necessary to allow each newly created lot access to the same utilities currently available to the parent parcel or planned, at the time of the proposed subdivision, to be available to the parent parcel in the future. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013; amd. Ord. O-2015-12, 7-27-2015, eff. 8-11-2015; Ord. O-2025-03, 2-25-2025, eff. 3-12-2025)
9-21N-4: APPROVAL; EFFECT OF APPROVAL:
A. If an applicant meets the requirements of section 9-21N-3 of this article the land use authority administrator may approve the application and issue a letter of written approval. If deemed necessary the application can be recommended for approval to the land use authority. (Ord. O-2015-12, 7-27-2015, eff. 8-11-2015)
B. The applicant shall record the letter of written approval with each newly created lot or parcel of land. Any land resulting from an approved bona fide agricultural division with a recorded letter of written approval shall be considered in compliance with this chapter as of the date of recording.
C. No building permit shall be issued for any habitable structure but may be issued for nondwelling structures for agricultural purposes.
D. If one or more lots or parcels resulting from a division approved under this article are withdrawn from assessment under the farmland assessment act, the owner of the lot or parcel shall immediately comply with any and all subdivision requirements under this chapter as if the original division was a subdivision at the time of the division. If one or more lots or parcels approved under this article are withdrawn from assessment under the farmland assessment act, the lots or parcels shall be considered an illegal subdivision until they comply with the requirements of the subdivision ordinance.
E. Nothing in this article shall prohibit the owner of a lot or parcel resulting from a bona fide agricultural division from applying for a rural unimproved subdivision. (Ord. 2013-10, 11-4-2013, eff. 11-19-2013)
9-21O-1: DUCK CREEK AREA:
In order to support public health and safety services for the local Duck Creek area community, to provide a regional wastewater treatment system, and to provide land for other community based health and safety services including water, wastewater, fire protection, solid waste management, and other future qualifying needs (schools, medical, and utilities), the Duck Creek Townsite Subdivision shall be exempt from complying with the rules and regulations set forth and established by this chapter in its entirety. Furthermore, in order to fully utilize the sixty nine (69) acre Townsite Subdivision to accomplish the purposes of providing public health and safety services, the Duck Creek Townsite Subdivision shall be zoned C-2 in accordance with chapter 7, article B of this title. (Ord. O-2018-28, 12-17-2018)
9-21P-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of this article is to ensure compliance with Utah Code for subdivisions involving single-family dwellings, two-family dwellings, and townhomes.
B. Applicability: The provisions of this article apply only to subdivisions for single-family, two-family, and townhome developments. Where conflicts arise between this article and other sections of the Kane County Subdivision Ordinance, the provisions of this article shall control for such applications. (Ord. O-2024-14, 11-12-2024)
9-21P-2: DEFINITIONS:
As used in this article:
REVIEW CYCLE: | The occurrence of: (i) the applicant's submission of a complete subdivision application; (ii) the county's review of that application; (iii) the county's response to that application; and (iv) the applicant's reply to the county's response that addresses each required modification or request for additional information. |
SUBDIVISION APPLICATION: | A land use application for the subdivision of land within the unincorporated area of the county. |
SUBDIVISION IMPROVEMENT PLANS: | The civil engineering plans associated with required infrastructure improvements and county-controlled utilities for a subdivision. |
SUBDIVISION ORDINANCE REVIEW: | Review by the county to verify that a subdivision application meets the criteria of the county's ordinances. |
SUBDIVISION PLAN REVIEW: | Review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify compliance with county ordinances and standards. (Ord. O-2024-14, 11-12-2024) |
9-21P-3: DESIGNATION OF ADMINISTRATIVE AUTHORITY:
The Kane County Land Use Authority Administrator is designated as the Administrative Land Use Authority with the authority to review and approve preliminary and final subdivision applications for single-family dwellings, two-family dwellings, and townhomes. (Ord. O-2024-14, 11-12-2024)
9-21P-4: PRE-APPLICATION PROCESS:
A. If an applicant requests a pre-application meeting, the Land Use Authority Administrator shall, within fifteen (15) business days, schedule the meeting to review the concept plan and provide initial feedback.
B. At the pre-application meeting, county staff shall provide:
1. Copies of applicable land use regulations;
2. A complete list of standards required for the project;
3. Preliminary and final application checklists; and
4. Feedback on the concept plan. (Ord. O-2024-14, 11-12-2024)
9-21P-5: PRELIMINARY SUBDIVISION APPLICATION PROCESS:
A. Application Submission: Applications for preliminary subdivision approval shall be submitted to the Kane County Land Use Administrator and include: (1) an owner's affidavit; (2) an electronic copy of all plans in PDF format; (3) preliminary subdivision plat drawings; and (4) a breakdown of fees.
B. Review Period: The Land Use Authority Administrator shall complete a review within fifteen (15) business days after receipt of a complete application.
C. Request For Additional Information: The Land Use Authority Administrator may request specific additional information or modifications, including applicable ordinance citations, and such requests shall be logged. (Ord. O-2024-14, 11-12-2024)
9-21P-6: FINAL SUBDIVISION APPLICATION PROCESS:
A. Application Requirements: The final application must include subdivision improvement plans and be submitted to the Kane County Land Use Administrator.
B. Review Period: The Land Use Authority Administrator shall complete a review of the final application within twenty (20) business days after receipt of a complete application.
C. Modifications And Additional Information: In reviewing the final application, the Land Use Authority Administrator may require specific modifications, which shall include citations to relevant ordinances and be logged in an index. (Ord. O-2024-14, 11-12-2024)
9-21P-7: REVIEW CYCLE PROCESS:
A. Review Cycle Definition: Each review cycle shall consist of the applicant's submission, county review, county response, and applicant reply.
B. Timeline: Each review cycle shall be completed within twenty (20) business days. There shall be no more than four (4) review cycles per application.
C. Waiver Of Unaddressed Modifications: Modifications not addressed during the review process are waived unless necessary for health and safety. (Ord. O-2024-14, 11-12-2024)
9-21P-8: APPEALS AFTER FINAL REVIEW CYCLE:
A. Appeal Process: If the County fails to respond within twenty (20) business days after the final review cycle, the applicant may initiate an appeal process.
B. Appeal Request: The applicant must submit a written request for an appeal to the County within ten (10) business days after the County's failure to respond.
C. Appeal Panel: The County shall, within ten (10) business days after receiving the appeal request, assemble an appeal panel in accordance with Utah Code 17-27a-507(5)(d). The panel shall consist of three (3) licensed engineers:
1. One designated by the County;
2. One designated by the applicant; and
3. One mutually agreed upon by the two (2) designated engineers.
D. Panel Qualifications: Members of the panel may not have a personal or financial interest in the application that is the subject of the appeal.
E. Costs: The applicant shall pay fifty percent (50%) of the cost of the appeal panel, along with the County's published appeal fee.
F. Review And Determination: The appeal panel shall review the final revised set of plans and make a determination to approve or deny the application within fifteen (15) business days of being assembled. The panel's determination shall be final and binding.
G. Notification: The County shall notify the applicant in writing of the panel's decision, including any reasons for denial, and provide information regarding further appeal options if available. (Ord. O-2024-14, 11-12-2024)
9-21P-9: APPROVAL OF FINAL SUBDIVISION APPLICATION:
Administrative Approval: Approval of the final subdivision application shall not require Planning Commission or County Commission approval if the application complies with all applicable ordinances. If the applicant desires to have any exemptions from any applicable ordinance, the may pursue the exemption through a development agreement that is approved by the county commission after having a public hearing and receiving a recommendation from the planning commission.
(Ord. O-2024-14, 11-12-2024)
9-21P-10: STANDARDS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS:
Public Improvement Standards: Existing county standards and specifications for construction of public improvements shall apply to all subdivisions governed by this article. However, the review process shall follow the requirements specified in this article. (Ord. O-2024-14, 11-12-2024)