The purpose of this chapter is to:

   A.   Protect and provide for the public health, safety and general welfare of the town.

   B.   Guide the future growth and development of the town, in accordance with the general plan.

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

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

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

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

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

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

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

   J.   Provide for open spaces through the most efficient design and layout of the land, while preserving the density of land as established in the zoning and subdivision codes of the town. (Ord. 04-2017, 4-6-2017)

This chapter adopts and incorporates the definitions of terms found in chapter 2 of this title and distinguishes between several processes of subdivision and land division, including all subdivisions, plat amendments, plat vacations and lot line adjustments. This process involves:

   A.   Initial Contact: An applicant for a subdivision, condominium plat, plat amendment, lot line adjustment or plat vacation shall contact the town council to discuss the scope and purpose of the application and the requirements of this chapter. Application fees will be paid at this time. Fees will be set by resolution by the town council. For minor subdivisions, the town council will hold a public hearing to allow input from the residents of the town.

   B.   Preliminary Review: The applicant shall provide the town council drawings in sufficient detail to allow review of the proposal for compliance with this section and to direct the applicant to the appropriate process.

   C.   Administrative Review: The town council shall review each complete proposal and may seek the advice and input of other town staff, municipal departments, the planning and zoning commission and/or utility providers. The administrative review shall include, but not be limited to, the following:

      1.   Does the application meet the requirements of this code?

      2.   Are all the lots suitable for building?

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

      4.   Do all lots border public streets?

      5.   Is the subdivision consistent with the general plan?

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

      7.   Are water, electrical and other resources sufficient for the additional development?

      8.   Have the state health department requirements for septic systems been met?

      9.   Are there any current easements which conflict with the development?

      10.   Will the development encroach on drinking water protection areas?

      11.   Is the development in the floodplain?

The planning and zoning commission will review the proposed subdivision before the next meeting of the town council and provide a recommendation based on the provisions of current general plan, zoning and subdivision ordinances. The planning and zoning commission meeting will be a public hearing.

   D.   Town Council Public Meeting: The town council shall hold a public meeting based on the planning and zoning commission recommendation on the application, and shall approve, deny or approve with conditions. Financial guarantees by the applicant for the subdivision to ensure completion the subdivision shall be in place before the final approval shall be given by the town council.

   E.   Definition Of Property Lines For Utility Requirements: For the purposes of this chapter only, the following definitions shall apply:

      1.   The following definition shall apply for simple and minor subdivisions: For purposes of water and electrical connections, the "property line" is defined as that property line of a lot or parcel of land that fronts on a dedicated street where water and electrical are existing in the street. Water and electrical will be considered at the property line in a simple and minor subdivision if they are within one hundred twenty feet (120') of the property on either side of the street. No connection fees will be collected until such time as a building permit is issued to the property owner. The builder/property owner will bear the entire cost of installing the water line from the main line. This cost is in addition to the standard town water hookup fee. Electricity continues to be required to be brought to the deeded property line of each lot or parcel. More than one lot or parcel can be serviced from one pole based on requirements as established by the electric contractor. A drop line must be at each lot, but a single line can feed more than one lot.

      2.   The following shall apply for subdivisions of four (4) to ten (10) lots: All town required utilities, to include electric and water, shall be required to be stubbed to each lot where meter placement would occur. No connection fees will be collected until such time as the service will be used. (Ord. 04-2017, 4-6-2017)

Subject to section 10-9-5 of this chapter, an applicant may subdivide property by metes and bounds into two (2) or three (3) lots or parcels without the necessity of recording a plat; provided, that all proposed lots or parcels front a dedicated public street and comply with the applicable zone standards. This process should be completed in the following manner:

   A.   Application: An applicant shall submit an application to the town council for a simple lot subdivision that includes, at a minimum:

      1.   The name of applicant or authorized agent and contact information;

      2.   A property address and parcel number;

      3.   The address for the subdivision;

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

      5.   Any other information that may be requested by the town council;

      6.   The subdivision name.

   B.   Sidewalks And Other Design Standards: The applicant shall not initially be required to install sidewalks for a simple lot subdivision. All other design standards set forth in chapter 10 of this title are not applicable to a simple lot subdivision, unless specifically required by the town council.

   C.   Septic System Approval: The applicant may need approval from the public health department on simple lot subdivisions if septic systems are to be installed. (Ord. 04-2017, 4-6-2017)

An applicant may subdivide property by metes and bounds into less than ten (10) lots or parcels in the following manner:

   A.   Application: An applicant shall submit an application to the town council for a minor subdivision that includes, at a minimum:

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

      2.   A property address and parcel number;

      3.   The address for the subdivision; and

      4.   The subdivision name.

   B.   Plat; Design Standards: The requirement for a plat or certain design standards set forth in chapter 10 of this title may be waived by the town council in a public meeting if all proposed lots front a dedicated public street.

   C.   Infrastructure Requirements: The applicant shall meet with the town council to determine utility hookups to each proposed lot or parcel and other infrastructure requirements for the minor subdivision.

   D.   Septic System Approval: The applicant may need approval from the public health department on minor subdivisions for properties that require septic systems.

   E.   Costs Borne By Subdivider: The subdivider will bear all costs associated with the development of the property, including all costs expended by the town in connection with the development. The town council will determine what expenditures may be needed in connection with the development. Costs may include, but will not be limited to:

      1.   The cost of hiring an engineer to provide his services to the town.

      2.   The cost of studies made for the town, such as impact fee studies, studies concerning the adequacy of utilities, etc.

      3.   The cost of inspectors.

   F.   Notice: The applicant for division of property into more than three (3) lots shall provide the town with two (2) sets of typewritten address labels, together with sufficient funds to cover related postage costs, to all property owners within three hundred feet (300') of the proposed subdivision. Such notice shall be mailed at least seven (7) days prior to the planning and zoning commission consideration of the preliminary plat. Notice of subdivisions for multi-residential development shall be provided to affected entities as required under this title. (Ord. 04-2017, 4-6-2017)

   A.   Conditions: An applicant may submit to the county recorder's office for recording a document that subdivides property by metes and bounds into less than ten (10) lots, without the necessity of recording a plat, if:

      1.   The planning and zoning commission has given the town council its recommendation, whether favorable or not; and

      2.   The document contains a certificate or written approval from the town council.

   B.   Approval: By indicating its approval on the document subdividing the property into less than ten (10) lots, the town council certifies that:

      1.   The planning and zoning commission has given its recommendation to the town council;

      2.   The subdivision 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; and

      3.   If the subdivision is located in a zoned area, each lot in the subdivision meets the frontage, width and area requirements of this title or has been granted a variance from those requirements by the appeal authority.

   C.   Certificate Of Approval: Documents recorded in the county recorder's office that divide property by metes and bounds description do not create a subdivision allowed hereunder unless the certificate of written approval required by subsection A of this section is attached to the document.

   D.   Absence Of Certificate: The absence of the certificate or written approval from the town council does not affect the validity of the recorded document.

   E.   Corrections: A document which does not meet the requirements of this section may be corrected to comply with this section by recording an affidavit to which the required certificate or written approval is attached.

   F.   Terms Defined: For purposes of this section:

      1.   Document includes, but is not limited to, a deed or other written conveyance that transfers the property creating a simple lot or minor subdivision;

      2.   Certificate or written approval means a stamp or other writing on or attached to the document indicating that the subdivision has been approved by the town council.

   G.   Form Of Approval: The certificate or written approval required herein shall be in substantially the following form:

      (Ord. 04-2017, 4-6-2017)

As stated in the general plan, the town would like to remain classified as a town, and not grow to the size where it would be classified as a city. To support this limited growth philosophy, subdivisions of more than ten (10) lots will not be allowed. (Ord. 04-2017, 4-6-2017)

Applicants, as the owners of record of adjacent parcels that are described by either a metes and bounds description or a recorded plat, may exchange title to portions of the parcels.

   A.   Conditions: The town council may approve an exchange of title if the following conditions are met:

      1.   No new dwelling lot or housing unit will result from the exchange of title;

      2.   The adjustment does not result in violations of applicable zoning requirements.

   B.   Notice Of Approval Recorded: If an exchange of title is approved, a notice of approval shall be recorded in the office of the county recorder by the town council. This notice must:

      1.   Be executed by each owner included in the exchange and the town council;

      2.   Contain an acknowledgment for each party executing the notice;

      3.   Recite the descriptions of both the original parcels and the parcels created by the exchange of title.

   C.   Approval Not Conveyance Of Title: A notice of approval does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property. (Ord. 04-2017, 4-6-2017)

The town council by ordinance may, with or without a petition, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision. The procedure shall be as provided in Utah Code Annotated sections 10-9a-608 through 10-9a-609.5. (Ord. 04-2017, 4-6-2017)