Morgan County Unincorporated
City Zoning Code
City Zoning Code
SUBDIVISIONS
§ 155.385 SHORT TITLE.
This subchapter shall be known as the “Morgan County Subdivision Ordinance.”
(Prior Code, § 8-12-1) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.386 PURPOSE.
The purpose of this subchapter and any rules, regulations, standards and specifications hereafter adopted pursuant hereto or in conjunction herewith are:
(A) To promote and protect the public health, safety and general welfare;
(B) To regulate future growth and development within the unincorporated county in a manner which promotes the physical integration of diverse housing forms, the preservation of the county community values and the social integration of residents from diverse backgrounds in accordance with the General Plan; and to promote the efficient and orderly growth of the county;
(C) To provide procedures and standards for the physical development of subdivisions of land and construction of buildings and improvements thereon within the county including, but not limited to, the construction and installation of roads, streets, curbs, gutters, sidewalks, parks, trails and open spaces, drainage systems, water systems, sanitary sewer systems, addressing geologic hazards, streetlights, design standards for public facilities and utilities, access to public rights-of-way, dedication of land and streets, granting easements or rights-of-way and to establish fees and other charges for the authorizing of a subdivision and for the development of land and improvements thereon;
(D) To provide for adequate light, air and privacy, to secure safety from fire, flood and other dangers and to prevent overcrowding of the land and undue congestion of population; and
(E) To provide for harmonious and coordinated development of the county, and to assure sites suitable for building purposes and human habitation.
(Prior Code, § 8-12-2) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.387 INTERPRETATION.
In their interpretation and application, the provisions of this subchapter shall be considered as minimum requirements for the purposes set forth. Where the provisions of this subchapter impose greater restrictions than any statute, other regulation, ordinance or covenant, the provisions of this subchapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this subchapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.
(Prior Code, § 8-12-3) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.388 DEFINITIONS.
§ 155.389 GENERAL CONSIDERATIONS.
(A) The General Plan shall guide the use and future development of land within the unincorporated lands of the county through the establishment of zoning and other land use regulations. The size and design of lots, the nature of utilities, the design and improvement of streets, the type, density and intensity of land use and the provisions for any improvements in any subdivision shall conform to the zoning map and the standards established in the land use regulations and other applicable ordinances.
(B) Trees, native land cover, natural watercourses and topography shall be preserved where possible. Subdivisions shall be so designed as to prevent excessive grading and scarring of the landscape and address any geologic hazards on or that affect the site in conformance with § 155.220 through 155.237 of this code (geologic hazards). The design of new subdivisions shall consider, and relate to, existing street widths, alignments and names.
(C) Community facilities, such as parks, recreation areas, trails and transportation facilities shall be provided in the subdivision in accordance with applicable recommendations of the General Plan, this chapter and other applicable ordinances. This chapter establishes procedures for the referral of information on proposed subdivisions to interested boards, bureaus and other governmental agencies and utility companies, both private and public, so that the extension of community facilities and utilities may be accomplished in an orderly manner, coordinated with the development of this subdivision. In order to facilitate the acquisition of land areas required to implement this policy, the subdivider may be required to dedicate, grant easements over or otherwise reserve land for, parks, playgrounds, public ways, utility easements and other public purposes, where there is an essential link between such dedications, the government interest to be served and the impact of the development on the community, where each dedication is roughly proportional, in nature and extent, to the impact of the development on the community and where such dedications are in accordance with adopted plans of the county or specific ordinances relative to said improvements.
(Prior Code, § 8-12-5) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.390 GENERAL RESPONSIBILITIES.
(A) The subdivider shall prepare concept plans and plats consistent with the standards contained herein and shall pay for the design, county review, construction and inspection of the improvements required. The county shall process said plans and plats in accordance with the regulations set forth herein. The subdivider shall not alter the terrain or remove any vegetation from the proposed subdivision site or engage in any site development until the subdivider has obtained the necessary approvals as described in this chapter. The subdivider is responsible to obtain and be familiar with all applicable subdivision ordinances, grading and excavation regulations and all rules and standards of the county.
(B) The Zoning Administrator shall review the plans and plats for design; for conformity to the applicable requirements of the General Plan and to the Land Use Management Code and shall process the subdivision plats and reports as provided for in this chapter.
(C) Plats and/or plans of proposed subdivisions may be referred by the Zoning Administrator to the county departments and staff, including the county’s development or Technical Review Committee, the County Engineer, County Surveyor and special districts, governmental boards, bureaus, utility companies and other agencies which will provide public and private facilities and services to the subdivision for their information and comment. The Zoning Administrator is responsible for coordinating any comments received from public and private entities and shall decide to which agencies to refer proposed subdivision plats and plans.
(D) The County Engineer shall review, for compliance, the engineering plans and specifications for the county-required improvements for the subdivision and whether the required improvements proposed are consistent with this chapter, county design and construction standards and other applicable ordinances and shall be responsible for inspecting the county-required improvements and the administration of improvement guarantees. Street layout and overall circulation shall be coordinated with transportation planning objectives by the Zoning Administrator.
(E) The County Surveyor shall review and make comments on the accuracy of the plat, plat boundary, survey monument placement, easement documentation and any other issues related to survey control and drawing accuracy.
(G) The county’s Planning Commission shall act as an advisory agency to the County Commission. It is charged with making investigations, reports and recommendations on proposed subdivisions as to their conformance to the General Plan and Land Use Management Code and other pertinent documents. After determining that a referred plat or plan complies with applicable requirements, the Planning Commission shall recommend approval, approval with conditions or disapproval of the plat or plan to the County Commission.
(H) The County Attorney shall verify that the financial security provided by the subdivider is acceptable, that the subdivider dedicating land for use of the public is the owner of record, that the land is free and clear of unacceptable encumbrances according to the title report submitted by the subdivider, and may review matters of title, such as easements and restrictive covenants.
(I) The County Commission has final jurisdiction in the approval of subdivision plats, unless otherwise delegated by this chapter, the establishment of requirements and design standards for required improvements, and the acceptance of lands and required improvements that may be proposed for dedication to the county.
(Prior Code, § 8-12-6) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.391 ACCURATE INFORMATION.
All documents, plans, reports, studies and information provided to the county by the applicant in accordance with the requirements of this chapter shall be accurate and complete. Any action taken or approval given by the county based upon incomplete or inaccurate documents, plans, reports, studies or information supplied to the county by the applicant may be voidable. All engineering drawings, plats, reports and other similar documents shall be stamped, signed and dated by a state-licensed professional engineer.
(Prior Code, § 8-12-7) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.392 COMPLIANCE REQUIRED.
(A) It shall be unlawful for any person to subdivide any tract or parcel of land which is located within the county except in compliance with this chapter. No plat of any subdivision shall be recorded until it has been submitted and approved as herein. A plat shall not be approved if the County Commission determines such plat to be inconsistent with master traffic and transportation plan, land use ordinance, this code or any other state law or county ordinance.
(B) Land or lots within a proposed subdivision shall not be transferred, offered for sale or sold until a final plat of a subdivision has been recorded in accordance with this chapter and any applicable provisions of state law. Construction of any required improvements shall not be commenced until the improvements required in connection with the subdivision have been guaranteed as provided herein. Construction of any improvements related to the subdivision, including any land disturbance and/or grading, shall not be commenced until the final plat is recorded, a preconstruction meeting has been held and a grading or excavation permit has been issued for the project. Building permits shall not be issued until all required improvements related to the final subdivision have been completed, been accepted by the County Engineer as completed, the warranty period has begun and have also received written approval of from the applicable water company and the sewer district, if these utility agencies are serving the subdivision. No building permit depending on public or private water (potable), and sewer, energy facilities or fire protection shall be permitted to be issued until such facilities are fully provided and operational as determined by the county’s Building Official and other departments of the county.
(C) All lots, plots or tracts of land located within a subdivision shall be subject to this chapter whether the tract is owned by the subdivider or a subsequent purchaser, transferee, devisee or contract purchaser of the land or any other person.
(D) It shall be unlawful for any person to receive a building permit to construct a building or structure on a parcel or tract of land in a subdivision until, within the immediate vicinity of the requested permitted construction and approved phase, including at the lot in question:
(1) All underground utilities located under the street surface are installed and accepted by the county and appropriate agencies;
(2) Continuous access to the lot through the subdivision is provided by a street, acceptable to the county, with an all-weather hot mix asphalt or Portland cement concrete surface;
(3) Adequate fire protection is established by fire hydrants which are fully operational and tested in the area of the subdivision where permits are requested, if fire hydrants were required with the building and subdivision approval, and all other fire protection mechanisms are in place, per the requirements of this chapter, the adopted Fire Code and Wildland Urban Interface Code. Verification that adequate fire protection is in place pursuant to the adopted Fire Code and/or the conditions of approval required to provide adequate fire protection shall be submitted in writing by the local Fire Code Official;
(4) Culinary water is available to each proposed building location through either: A well of sufficient capacity, defined by this subchapter, which has been permitted, drilled, flowing and has received written approval from the Weber/Morgan Health Department or the state’s Department of Environmental Quality, Division of Drinking Water, as appropriate, which indicates the final approval and acceptance of the completed well as a water source; or an approved shared water system which has been approved for the subdivision and is permitted, functioning, approved by the culinary water approval authority or district, and has been issued an operating permit from the Department of Environmental Quality Division of Drinking Water;
(5) All geologic hazard study requirements are completed for the entire subdivision;
(6) Streetlights and street signs are installed, if required by the county;
(7) A performance guarantee agreement, on a form approved by the county, is executed to ensure the integrity of required improvements throughout building construction, such as curb, gutter and sidewalk, in the immediate vicinity of the lot where the building permit is requested. The performance guarantee shall only be secured through the deposit of funds with the County Treasurer in an amount required by the county’s fee schedule;
(8) No building inspections will be conducted by the county until a trash receptacle has been located onto the site of a size and nature suitable for containing all construction-related debris until the debris is removed from the site; and
(9) No building inspections will be conducted by the county until a sanitary toilet has been located onto the site for the use of construction workers. In situations where a general contractor has more than one residential dwelling unit simultaneously under construction in a subdivision plat, one toilet shall be sufficient for every ten dwellings the contractor has under construction.
(E) Until the subdivision is completed and accepted into the warranty period by the County Engineer and all appropriate agencies, the subdivider shall be responsible for the following:
(1) Maintaining roads in a manner that allows continuous access for emergency vehicles;
(2) Maintaining roadways and drainage facilities free and clear of dirt and debris which might obstruct water flow or quality of stormwater flows; and
(3) Maintaining continuous flow capacities to all hydrants in the subdivision.
(F) All improvements must be done in accordance with the following:
(1) The county’s design and construction standards;
(2) The subdivision improvement agreement between the subdivider and the county; and
(3) All other applicable county ordinances and regulations.
(G) There shall be no occupancy of any building in any zone until an occupancy permit has been issued. Furthermore, it shall be unlawful for any subdivider to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy permits will not be issued until all required improvements are completed. An occupancy permit will not be issued until the following conditions are met at the lot where an occupancy permit is requested, and all work is acceptable to the county and appropriate agencies:
(1) All necessary and required utilities are installed; e.g., culinary water lines, sanitary sewer facilities, flood control facilities, electric power and natural gas lines;
(2) Finished road surfaces are installed;
(3) All Building and Fire Code requirements are met as confirmed by the Building Official and Fire Code Official; and
(4) All county conditions of approval have been met.
(H) The property shall be free and clear from violations of the county’s regulations regarding weed control at all times.
(Prior Code, § 8-12-8) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019) Penalty, see § 155.999
§ 155.393 EXEMPTION FROM PLAT REQUIREMENTS.
(A)
Divisions of bona fide agricultural land are not included within the definition of subdivision, pursuant to UCA §§ 17-27a-103(70)(c) et seq., as amended, and UCA § 17-27a-605. A lot or parcel resulting from the division of agricultural land is exempt from the plat requirements if each resulting lot or parcel:
(1) Qualifies as land in agricultural use under UCA §§ 59-2-502 et seq., as amended;
(2) Meets the following minimum size requirements within the zone in which the lot or parcel is located:
(a) MU-160: 160 acres;
(b) F-1: 160 acres;
(c) A-20: 20 acres;
(d) RR-10: Ten acres;
(e) RR-5: Five acres;
(f) RR-1: Five acres;
(g) R1-20: Five acres;
(h) R1-12: Five acres;
(i) R1-8: Five acres;
(j) CB: Five acres;
(k) NC: Five acres;
(l) CS: Five acres;
(m) CH: Five acres;
(n) GC: Five acres;
(o) BP: Five acres;
(p) TPC: Five acres;
(q) MGC: Five acres;
(r) PC: Five acres;
(s) LM: Five acres; and
(t) I: Five acres.
(3) Is not used and will not be used for any nonagricultural purpose;
(4) The boundaries of each lot or parcel exempted under this division of agricultural land exemption shall be graphically illustrated on a record of survey map that, after receiving written approval from the Zoning Administrator that the proposed division complies with this section, shall be recorded with the County Recorder; and
(B) A bona fide division or partition of land by deed or other instrument where the County Commission expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels.
(C) A bona fide division or partition of land for the purpose of siting, on one or more of the resulting separate parcels:
(1) An electrical transmission line or a substation;
(2) A natural gas pipeline or a regulation station;
(3) An unmanned telecommunication, microwave, fiber optic, electrical or other utility service regeneration, transformation, retransmission or amplification facility;
(4) An unmanned community water system facility, storage tank or well house; or
(5) Public facilities and public service facilities.
(Prior Code, § 8-12-9) (Ord. 15-06, passed 6-21-2015; Ord. 17-36, passed 12-19-2017; Ord. 19-09, passed 10-15-2019; Ord. 24-16, passed 7-16-2024)
§ 155.394 REQUIRED CERTIFICATES, PERMITS AND REVIEWS.
(A) Application. Applications for each of the separate stages of subdivision approval (concept plan, preliminary plat and final plat) shall be made to the county’s Planning and Development Services Department. Applications shall be made on the respective forms provided by the county and shall be accompanied by the proper fee and by all the documents and information required by this chapter and other applicable titles and ordinances of this code.
(B) Approval. Action on that application for a stage of a subdivision approval shall be completed in a reasonable manner after the date of submittal of all required information and items to the Planning and Development Services Department.
(Prior Code, § 8-12-10) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.395 PUBLIC NOTIFICATION.
(A) Any public hearing or meeting required herein shall be scheduled and held by the county Zoning Administrator, Planning Commission or County Commission, as designated. Required notice of such hearing or meeting shall be given as provided for in §§ 155.031 and 155.032 of this code. The applicant shall provide the county Planning and Development Services Department with a list of all owners of real property located within 1,000 feet of the boundary of the proposed subdivision, as evidenced by the current records of the County Recorder’s office (if adjacent properties fall outside of the county, the applicant shall be required to obtain ownership information from the applicable county jurisdiction). The applicant shall pay to the county a fee in the amount of the actual costs incurred by the county in providing the notice and postage, including any required noticing signs, and shall bear sole responsibility to ensure the accuracy of the property owner list.
(B) If an application for subdivision approval is received that includes any land located within 100 feet of the centerline of a canal, the land use authority shall notify the canal company or canal owner pursuant to UCA § 17-27a-211, if the canal company or owner has provided notification to the county as required by state law by July 1, 2010.
(Prior Code, § 8-12-11) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.396 PROHIBITED ACTS.
(A) An owner of any land located in a subdivision, as defined in UCA § 17-27a-103, who transfers or sells or offers for sale any land in that subdivision before a plat of the subdivision has been approved and recorded violates this subchapter for each lot or parcel transferred or sold.
(B) The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from being a violation of division (A) above or from the penalties or remedies provided in this chapter.
(C) Notwithstanding any other provision of this division (C), the recording of an instrument of transfer or other document used in the process of selling or transferring real property that violates this part:
(1) Does not affect the validity of the instrument or other document; and
(2) Does not affect whether the property that is the subject of the instrument or other document complies with applicable county ordinances on land use and development.
(D) The county may bring an action against an owner to require the property to conform to the provisions of this subchapter.
(1) An action under this division (D) may include an injunction, abatement, merger of title or any other appropriate action or proceeding to prevent, enjoin or abate the violation.
(2) The county need only establish the violation to obtain the injunction.
(Prior Code, § 8-12-13) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.397 APPEALS.
(A)
Except as otherwise provided in 155.550 et seq., an appeal may be made to the County Commission from any decision, determination or requirement of the Zoning Administrator regarding subdivision or subdivision plat amendment approval or recommendation hereunder by filing with the County Clerk a notice thereof in writing within 15 days after such decision, determination or requirement is made. Such notice shall set forth in detail the action and grounds upon which the subdivider or other person deems himself or herself aggrieved.
(B) The County Clerk shall set the appeal for hearing before the County Commission within a reasonable time after receipt of the appeal. Such hearing may be continued by order of the County Commission. The appellant shall be notified of the appeal hearing date at least seven days prior to the hearing. After hearing the appeal, the County Commission may affirm, modify or reverse the decision, determination or requirement appealed and enter any such orders as are in harmony with the spirit and purpose of this chapter. The County Commission shall notify the appellant in writing of its ruling. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the County Commission.
(C) An aggrieved party may appeal any decision of the County Commission in applying the provisions of this subchapter to state’s district court as provided in UCA § 17-27a-801, as amended.
(Prior Code, § 8-12-14) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 24-16, passed 7-16-2024)
§ 155.398 STAFF AUTHORITY.
Unless otherwise specifically provided for in this chapter, the county Zoning Administrator, the Planning and Development Services Director and all other officers and employees of the county act in an advisory capacity to the Planning Commission and the County Commission and have no authority to make binding decisions or to make authoritative representations, approvals or determinations, other than in a purely advisory and recommending capacity.
(Prior Code, § 8-12-15) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.399 CONCEPT PLAN.
A concept plan shall be required for all subdivisions as provided in this chapter. This provides the subdivider with an opportunity to consult with and receive assistance from the county regarding the regulations and design requirements applicable to the subdivision of property. The applicant or applicant’s duly authorized and certified agent shall submit a complete application to the county’s Planning and Development Services Department for subdivision concept plan review, together with the appropriate application fee as set forth in the county fee schedule. If a rezoning is needed to accomplish a proposed concept plan, a rezoning application shall be submitted, reviewed and approved by the County Commission prior to the concept plan application. Acceptance of a concept plan does not constitute final subdivision approval or vesting for a proposed subdivision.
(Prior Code, § 8-12-16) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.400 SUBMISSION.
The subdivider shall submit a number and size of copies as determined by the Zoning Administrator of the proposed subdivision concept plan to the county’s Planning and Development Services Department. The proposed concept plan shall be professionally prepared and include the following items:
(A) The proposed name of the subdivision;
(B) A vicinity plan showing significant natural and human-made features or existing structures on the site and within 200 feet of any portion of the property line; the property boundaries of the proposed subdivision; the names of adjacent property owners; topographic contours at no greater interval than five feet for a concept plan; and north arrow;
(C) A proposed lot and street layout, along with locations of existing streets;
(D) Availability and location of utilities and drainage facilities, existing and proposed, within the development and in the vicinity, which are adjacent to the property:
(1) A statement addressing if the property is located within a water district or sewer district or if it will be served by a well or septic system; and
(2) A letter of intent from the service provider that states at a minimum:
(a) Their ability to service the proposed development;
(b) The availability and location of the applicable utility, existing and proposed, demonstrating that such utility is available to or may be extended to the property; and
(c) The type of proposed system and facilities.
(E) A description of those portions of the property which are included as flood zones in the most recent flood insurance rate maps prepared by the Federal Emergency Management Agency (FEMA, https://msc.fema.gov);
(F) The total acreage of the entire tract proposed for subdivision;
(G) County plat map with aerial photo underlay, if available;
(H) Public and private easements located on the property;
(I) Location and description of existing vegetation;
(K) Delineation of any areas of slope which is greater than 25%;
(L) Electronic copies of all drawings in AutoCAD (DWG) format;
(M) A statement of proposed water source and sewage disposal method; and
(Prior Code, § 8-12-17) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 20-11, passed 9-1-2020)
§ 155.401 DISTRIBUTION OF PLAN.
The county’s Planning and Development Services Department, upon receipt of the complete application for concept plan review, shall distribute copies of the plan to such government departments and other agencies or advisors as, in the opinion of the Department, may contribute to a decision in the best interest of the public.
(Prior Code, § 8-12-18) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.402 REVIEW BY COUNTY STAFF OF CONCEPT PLAN.
(A) The county staff, contracted positions and selected consultants shall review the submitted concept plan and check compliance of applicable sections of the county’s General Plan, master traffic and transportation plan, land use ordinance and other appropriate regulations and standards. Notice of the staff review of the proposed subdivision concept plan is considered a type of first public meeting and shall be provided in accordance with § 155.395 of this code. The county staff shall make findings regarding the submitted concept plan, specifying any inadequacy in the information submitted, noncompliance with county regulations. County staff may also request additional information which may assist them to evaluate the proposed subdivision.
(B) The county staff may require additional information, data or studies to be provided for the overall development before acceptance of the concept plan is provided. Any recommendation given by the county staff may include requirements that are applicable to the overall development as part of its findings on the concept plan.
(C) The Zoning Administrator shall evaluate the recommendations of county staff and notified agencies, and the applicable requirements of all county ordinances and general plans and shall submit written findings and recommendations to the developer for all subdivisions of eight lots or less. Recommendations regarding the concept plan by the Zoning Administrator shall not constitute an approval or disapproval of the proposed subdivision, but rather shall operate in such a manner as to give the subdivider general guidance as to the requirements and constraints for the subdivider’s proposed subdivision within the county. The Zoning Administrator shall provide a copy of any final recommendations to the Planning Commission.
(Prior Code, § 8-12-19) (Ord. 10-16, passed 12-14-2010; Ord. 17-26, passed 5-2-2017; Ord. 19-09, passed 10-15-2019)
§ 155.403 REFERRAL TO THE PLANNING COMMISSION AND COUNTY COMMISSION.
(A) For all concept subdivision plans of greater than ten lots and when otherwise determined by the Zoning Administrator to be in the best interest of the county, a concept plan shall be referred to the Planning Commission for a recommendation and then to the County Commission for review and acceptance. The Zoning Administrator shall take the following into account when determining whether the application for concept subdivision plan approval for ten lots or less will require Planning Commission and County Commission review:
(1) The size of the proposed development;
(2) Whether the subdivision lies within the Sensitive Area District or geologic hazard study area;
(3) Compliance with county ordinances and general plans;
(4) Requests for special exceptions or modifications of standards;
(5) Compatibility with surrounding properties; and
(6) Whether the proposed concept plan is routine and uncontested.
(B) Staff shall notify the Planning Commission and County Commission with a record of findings and recommendations.
(Prior Code, § 8-12-20) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 23-14, passed 10-3-2023)
§ 155.404 EXPIRATION OF CONCEPT PLAN.
Once concept plan recommendations have been received from the county as provided herein, the subdivider may apply for preliminary plat approval consistent with the concept plan. If preliminary plat approval for any portion of a reviewed concept plan has not been obtained within 12 months of the date on which concept plan was accepted by the Zoning Administrator or County Commission, a resubmittal of the concept plan shall be required. One 12-month extension may be granted by the Zoning Administrator or County Commission, whichever land use authority accepted the original concept plan, if the concept subdivision proposal or the county ordinances regulating the subdivision have not changed, and if the developer applies for the extension in writing prior to the original expiration date.
(Prior Code, § 8-12-21) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.405 PRELIMINARY PLAT; PURPOSE.
The purpose of the preliminary plat is to require formal preliminary approval of a subdivision as provided herein in order to minimize changes and revisions which might otherwise be necessary on the final plat. The preliminary plat and all information and procedures relating thereto, shall in all respects, be in compliance with the provisions of this chapter and any other applicable county ordinances.
(Prior Code, § 8-12-22) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.406 APPLICATION AND FEES.
The subdivider of a subdivision, after completing the concept plan required in this chapter, shall file an application for preliminary plat approval with the county’s Planning and Development Services Department on a form prescribed by the Zoning Administrator, together with the number of and size of plans indicated on the application form, and all required digital submittals of the preliminary plat and the appropriate application fee as set forth in the county fee schedule. No application shall be forwarded to or scheduled for public meeting before the Planning Commission until all required information has been received and reviewed by the county staff.
(Prior Code, § 8-12-23) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.407 PRELIMINARY PLAT SUBMITTAL.
The preliminary plat shall be prepared, stamped and signed by a state-licensed professional engineer or professional land surveyor. The preliminary plat submittal shall include at least the following information:
(A) Vicinity map:
(1) Drawn at a maximum scale of 1,000 feet to the inch;
(2) Show all existing and proposed roadways in the vicinity of the proposed development;
(3) A north arrow;
(4) The nearest section corner tie; and
(5) Subdivision name.
(B) Certified boundary survey of the subject property, which meets current state requirements, which also depicts all easements identified by the title report;
(C) Preliminary plat (all facilities within 200 feet of the plat shall be shown):
(1) Drawn at a scale not smaller than 100 feet to the inch;
(2) A north arrow;
(3) Subdivision name;
(4) The layout and names and widths of existing and future road rights-of-way;
(5) A tie to a permanent survey monument at a section corner;
(6) The boundary lines of the subdivision with bearings and distances;
(7) The layout and dimensions of proposed lots with lot areas in square feet;
(8) The location and dimensions and labeling of other spaces including open spaces, parks, trails or public spaces;
(9) The location of human-made features including bridges, railroad tracks, fences, ditches and buildings;
(10) Topography at two-foot intervals. One-foot contours may be required by the County Engineer in particularly flat areas;
(11) Location and ownership of all adjoining tracts of land; and
(12) Proposed subdivision phasing plan and relationship to existing phases of development.
(D) Grading and drainage plan (may be combined with plat sheet, if approved by the County Engineer):
(1) Plan drawn to a scale not smaller than 100 feet to the inch, showing the road and lot layout;
(2) Topography at two-foot contour intervals;
(3) North arrow;
(4) Subdivision name;
(5) Areas of substantial earthmoving and/or grading;
(6) Location of existing watercourses, canals, ditches, springs, wells, culverts and storm drains;
(7) Location of any 100-year floodplain as designated by FEMA;
(8) A storm drainage plan showing water flow directions, inlets, outlets, catch basins, waterways, culverts, detention basins, outlets to off-site facilities and off-site drainage facilities planned to accommodate the project drainage;
(9) Show any existing wetlands; and
(10) Slope analysis which depicts all slopes greater than 15% and greater than 25% with distinct notation.
(E) Utility plan (may be combined with plat sheet, if approved by the County Engineer):
(1) Plan drawn to a scale not smaller than 100 feet to the inch, showing the road and lot layout;
(2) North arrow;
(3) Subdivision name;
(4) Show all existing and proposed utilities including: Sewer; culinary water; well locations with secondary water; fire hydrants; storm drains; subsurface drains; gas lines; power lines and streetlights; and television and telecommunications; and
(5) Show location and dimensions of all utility easements.
(F) The subdivider shall provide the following documents with the application:
(1) Three copies of a geotechnical investigation report and a geologic hazards report, if required;
(2) A traffic report when required by the Planning Commission or County Engineer;
(3) Preliminary title report, which specifically references the boundary survey and exactly matches the legal description of the outside boundary of the subdivision;
(4) A will serve letter from all utility companies or providers that states:
(a) That their system has capacity to serve the proposed development, documentation of such available capacity and specifying the amount of such capacity that will be utilized for the proposed project; and
(b) Any conditions of required improvements before they can serve the subdivision.
(5) Any necessary agreements with adjacent property owners regarding storm drainage or other matters pertinent to subdivision approval;
(6) Maintenance agreements for subsurface drains serving the subdivision, if they are proposed or exist;
(7) An agricultural impact analysis, on subdivisions which are contiguous to an adopted agricultural preservation area, or which contain an agricultural open space conservation easement within the plat;
(8) Written verification of all proposed water sources. For all proposed water sources, provide approval letters from the Weber/Morgan Health Department and proof of all water rights, including quantities (water rights certificates and the like), for each well and water source to be utilized for the development;
(9) (a) The developer shall submit all information concerning site geology, area hydrogeology, site topography, soil types and the proven wet water by the drilling of at least one test well from within the described subdivision boundary, as determined by a state-licensed Geotechnical Engineer. Well logs shall be submitted to the county identifying the depth and yield of the well; and
(b) Information submitted must verify that the source is consistently available to supply 800 gallons per day (gpd) per equivalent residential connection (ERC) at a minimum flow rate of 0.55 gallons per minute (gpm). Water for irrigation supplies shall be verified to provide three gpm per irrigated acre. If the proposal is being served by an existing water utility company, these requirements do not apply.
(10) Verification of approval from the Weber/Morgan Health Department regarding the proposed location of all septic systems and water source protection areas.
(G) When the subdivision is located within the Sensitive Area District or geologic hazards special study area, required reports and documents are to be submitted in accordance with the provisions of this subchapter.
(H) The subdivider shall comply with all applicable federal, state and local laws and regulations, and shall provide evidence of such compliance if requested by the county.
(I) Copy of proposed protective covenants in all cases where subsurface drains or other common area maintenance proposals are to serve any portion of the subdivision.
(J) Electronic copies of all preliminary plat drawings in AutoCAD (DWG) format.
(K) Tabulations showing the total number of lots or buildings sites and the percentage of land in roads, lots and open space.
(L) Any additional submittal requirements required for or by master-planned development reserves, specific development agreements or requirements and conditions of other applicable ordinances or previous approvals.
(Prior Code, § 8-12-24) (Ord. 10-16, passed 12-14-2010; Ord. 12-09, passed 9-18-2012; Ord. 19-09, passed 10-15-2019; Ord. 20-11, passed 9-1-2020)
§ 155.408 DISTRIBUTION OF PRELIMINARY PLAT.
The county’s Planning and Development Services Department, upon receipt of the complete application for preliminary plat approval, shall distribute copies of the plat to such government departments and other agencies or advisors as, in the opinion of the Department, may contribute to a decision in the best interest of the public.
(Prior Code, § 8-12-25) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.409 REVIEW OF PRELIMINARY PLAT.
(A) The Planning Commission shall review the submitted preliminary plat and determine compliance with the standards and criteria set forth in this chapter and all other ordinances of the county, including, but not limited to, the Land Use Management Code, General Plan, master street plan, road and bridge standards and applicable Building Codes. Courtesy notice of the public meeting at which the Planning Commission reviews the proposed preliminary plat shall be provided in accordance with § 155.395 of this code. The Planning Commission shall make findings specifying any inadequacy in the application, noncompliance with county regulations, design and construction standards and/or engineering and the need for any additional information which may any additional information which may assist the Planning Commission to evaluate the preliminary plat. The Planning Commission may review all relevant information pertaining to the proposed development including, but not limited to, the following: Fire protection; sufficient supply of culinary and secondary water to the proposed subdivision; sanitary sewer and septic service; traffic considerations and the potential for flooding; and the like. The Planning Commission shall submit its findings and recommendations regarding approval or disapproval of the preliminary plat to the County Commission for review and decision.
(B) The County Commission shall review the findings and recommendations by the Planning Commission for the proposed preliminary plat. The County Commission may make any modifications to the proposed preliminary plat that it considers appropriate, and which are in accordance with this chapter.
(C) Granting of preliminary plat approval by the County Commission shall not constitute a final acceptance of the subdivision by the County Commission. Approval of the preliminary plat shall not relieve the subdivider of the responsibility to comply with all required conditions and ordinances and to provide the improvements and easements necessary to meet all county standards and requirements.
(D)
Preliminary plat approval must be granted by the county prior to the application for final plat approval except as provided in subchapter 155.550 et seq.
(Prior Code, § 8-12-26) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 24-16, passed 7-16-2024)
§ 155.410 PHASING OF SUBDIVISION DEVELOPMENT.
(A) Where a subdivision is proposed to be developed in phases, the subdivider shall, as a requirement of preliminary plat submittal, identify the location of all proposed phases within the subdivision, along with a proposed timeline for the construction of proposed public and private improvements.
(B) When geologic hazard improvements are required, they shall be completed for each phase of the subdivision prior to submitting for final plat.
(Prior Code, § 8-12-27) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.411 EXPIRATION OF PRELIMINARY PLAT APPROVAL.
(A) Once preliminary plat approval has been granted, the subdivider may apply for final plat approval. If the subdivider has not applied for approval of the final plat within one year of the date of preliminary plat approval by the County Commission, the preliminary plat must again be submitted in accordance with this subchapter. This time period may be extended up to 12 months for good cause shown if subdivider petitions the County Commission for an extension prior to the expiration date, however only one 12-month extension may be granted.
(B) In those cases where a subdivision is proposed to be developed in phases, preliminary plat approval for the remaining portions of the subdivision shall expire three years from the date the final plat for the first phase is recorded, unless this provision is modified by a specific development agreement.
(Prior Code, § 8-12-28) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.412 FINAL PLAT; PURPOSE.
The purpose of the final plat is to require formal approval by the County Commission before a subdivision plat is recorded in the office of the County Recorder. The final plat and all information and procedures relating thereto shall in all respects be in compliance with the provisions of this chapter. The final plat and construction drawings shall be submitted at the time of final plat application and shall conform in all respects to those regulations and requirements specified during the preliminary plat procedure. Additionally, all other final plat requirements such as title report(s), improvements guarantee agreements and fees shall be required to be submitted with the final drawings.
(Prior Code, § 8-12-29) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.413 FILING DEADLINE, APPLICATION AND FEES.
Application for final plat approval shall be made within 12 months after approval of the preliminary plat by the County Commission, unless a different expiration period has been established by a development agreement. This time period may be extended up to 12 months for good cause shown if the subdivider petitions the County Commission for an extension prior to the expiration date; however, only one 12-month extension may be granted. The subdivider shall file an application for final plat approval with the county’s Planning and Development Services Department on an application form prescribed by the Zoning Administrator, together with the amount and size of copies of the proposed final plat and construction drawings which are specified in the application, along with digital copies of all of the drawings in AutoCAD (DWG) format. At the same time, the subdivider shall pay to the county the application fee for the subdivision as set forth in the county fee schedule.
(Prior Code, § 8-12-30) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.414 OTHER REQUIRED INFORMATION.
(A) Final storm drainage plans and erosion control plans with final hydraulic and hydrologic storm drainage calculations, water flow directions, inlets, outlets, catch basins, waterways, culverts, detention basins, outlets to off-site facilities and off-site drainage facilities planned to accommodate the project drainage and any other drainage information required by the County Engineer in order to demonstrate mitigation of potential harmful impact.
(B) Construction drawings which show existing ground and/or asphalt elevations, planned grades and elevations of proposed improvements and the location of all utilities and shall meet all county standards and specifications. All construction drawings shall have the designing state-licensed professional engineer’s seal, date and signature stamped on all submitted sheets.
(C) If in a geologic hazard study area, the report recommendations, plans and any other information required by the County Engineer or Geologist to demonstrate mitigation of potential harmful impact from geologic hazards.
(Prior Code, § 8-12-31) (Ord. 12-09, passed 9-18-2012; Ord. 19-09, passed 10-15-2019)
§ 155.415 FINAL PLAT; PREPARATION AND REQUIRED INFORMATION.
(A) The final plat shall consist of a Mylar with the outside or trim line dimensions of 24 inches by 36 inches, architectural D paper size. The Mylar shall be submitted to the county at least 20 days prior to consideration for placement on the County Commission agenda for approval. Until that date, submittal of paper copies is sufficient for review. The borderline of the plat shall be drawn in heavy lines leaving a space of at least one and one-half inches on the left side and at least one-half inch margin on the other sides. The plat shall be so drawn that the top of the drawing faces either north or west, whichever accommodates the drawing best. All lines, dimensions and markings shall be made on a Mylar with approved waterproof black ink. The plat shall be made to a scale large enough to clearly show all details, and in any case not smaller than 100 feet to the inch and quality of work on the finished drawing shall be neat, clean cut and readable.
(B) The final plat shall show the subdivision name that is distinct from any other recorded subdivision name and the general location of the subdivision in bold letters at the top of the sheet.
(C) The plat shall contain a north arrow and scale of the drawing and the date.
(D) (1) After final plat approval by the County Commission, the plat shall be signed by all required and authorized parties, with the exception of the County Commission Chairperson, Planning Commission Chairperson and County Attorney, with appropriate notarial acknowledgments and the final plat shall contain all information set forth in this section.
(2) A signature on the plat by a service provider shall be a commitment to provide the respective service to the lots created pursuant to the plat.
(E) An accurate and complete survey, which conforms to current state law.
(F) Plats will show accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision, properly tied to at least two public survey monuments. These lines should be slightly heavier than street and lot lines.
(G) The final plat shall show all survey, mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearing and distance of straight lines and central angle, radius and arc length of curves and such information as may be necessary to determine the location of beginning and ending points of curves. All property corners and monuments within the subdivision shall be tied to an acceptable county monument, as determined by the County Surveyor. Lot and boundary closure shall be calculated to the nearest two hundredths of one foot.
(H) All lots, blocks and parcels offered for dedication for any purpose should be delineated and designated with dimensions, boundaries and courses clearly shown and defined in every case. The square footage of each lot shall be shown. All parcels offered for dedication other than for streets or easements shall be clearly designated on the plat. Sufficient linear, angular and curved data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. No ditto marks shall be used for lot dimensions.
(I) The plat shall show the right-of-way lines of each street, and the width of any portion being dedicated and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within 50 feet of the subdivision shall be shown with dashed lines. If any street in the subdivision is a continuation or an approximate continuation of an existing street, the conformity or the amount of nonconformity of such existing streets shall be accurately shown.
(J) All lots are to be numbered consecutively under a definite system approved by the county. Numbering shall continue consecutively throughout the subdivision with no omissions or duplications.
(K) All streets within the subdivision shall be numbered (named streets shall also be numbered) in accordance with and in conformity with the adopted street numbering system adopted by the county. Each lot shall show the street addresses assigned thereto and shall be according to the standard addressing methods approved by the county. In the case of corner lots, an address will be assigned for each part of the lot having street frontage.
(L) The side lines of all easements shall be shown by fine dashed lines. The width of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision shall be shown. All easements shall be clearly labeled and identified.
(M) The plat shall fully and clearly show all stakes, monuments and other evidence indicating the boundaries of the subdivision as found on the site. Any monument or benchmark that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider under the direction of the County Surveyor. The following required monuments shall be shown on the final plat:
(1) The location of all monuments placed in making the survey, including a statement as to what, if any, points were reset by ties; and
(2) All right-of-way monuments at angle points and intersections as approved by the County Surveyor.
(N) The final plat shall contain the name, stamp and signature of a state-licensed professional land surveyor, who prepared the plat, together with the date of the survey, the scale of the map and number of sheets. The following certificates, acknowledgments and descriptions shall appear on the title sheet of the final plat, and such certificates may be combined where appropriate:
(1) State-licensed professional land surveyor’s “certificate of survey;”
(2) Owner’s dedication certificate in the following form:
OWNER’S DEDICATION Know all by these presents that we, the undersigned owner(s) of the above described tract of land, having caused said tract to be subdivided into lots and streets to be hereafter known as Subdivision do hereby dedicate for perpetual use of the public all parcels of land, rights of way, and other utilities or easements shown on this plat as intended for public use. In witness whereof, we have hereunto set out hands this day of , 20 . (Add appropriate acknowledgments) |
(3) Notary public’s acknowledgment for each signature on the plat;
(4) A correct metes and bounds description of all property included within the subdivision;
(5) Plats shall contain signatures of the water provider (if provided by a culinary water system), sewer provider (if provided by a sewer improvement district), Weber/Morgan Health Department, the county’s Planning Commission and County Engineer and blocks for signatures of the County Attorney and County Commission (a signature line for the Commission Chairperson and an attestation by the County Clerk). A block for the County Recorder shall be provided in the lower right corner of the final plat;
(6) Such other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law, by this chapter, the County Attorney and/or County Surveyor;
(7) Prior to recordation of the plat, the subdivider shall submit a current title report to be reviewed by the county. A “current title report” is one which correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than 30 days before the proposed recordation of the final plat;
(8) The owner’s dedication certificate, a state-licensed professional land surveyor’s certificate of survey, and any other certificates contained on the final plat shall be in the form prescribed by the county’s standards; and
(9) When a subdivision contains lands which are reserved in private ownership for community use, including common areas, the subdivider shall submit, with the final plat, the name, proposed articles of incorporation and bylaws of the owner or organization empowered to own, maintain and pay taxes on such lands and common areas and any access easements which may be required by the county.
(O) On subdivisions which are contiguous to an adopted agricultural protection area, or which contain an agricultural open space preservation area within the plat, a note shall be placed on the plat, in conjunction with right to farm provisions, stating such and that agricultural operations work hours begin early and run late and that these operations may contribute to noises and odors objectionable to some residents.
(P) A note on the plat which states the following:
The county restricts the occupancy of buildings within developments as outlined in the adopted Building and Fire Codes. It is unlawful to occupy a building located within any development without first having obtained a certificate of occupancy issued by the county. |
(Prior Code, § 8-12-32) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 20-11, passed 9-1-2020; Ord. 24-16, passed 7-16-2024)
Penalty, see § 155.999
§ 155.416 REVIEW BY THE COUNTY ENGINEER.
The County Engineer shall review the final plat and construction drawings and determine compliance with the county design and construction standards and criteria set forth in this chapter and all other applicable standards and ordinances of the county and the state. If the final plat and construction drawings comply, the County Engineer shall forward the plat to the Zoning Administrator, through the county’s Planning and Development Services Department. If the plat and construction drawings do not comply, the County Engineer shall return the plat to the subdivider, through the county’s Planning and Development Services Department, with comment.
(Prior Code, § 8-12-33) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.417 REVIEW BY THE COUNTY SURVEYOR.
The County Surveyor shall review the final plat and determine compliance with the surveying standards and criteria set forth in this chapter and all other applicable standards and ordinances of the county and the state. If the final plat complies, the County Surveyor shall forward the plat to the Zoning Administrator, through the county’s Planning and Development Services Department. If the plat does not comply, the County Surveyor shall return the plat to the subdivider, through the county’s Planning and Development Services Department, with comment.
(Prior Code, § 8-12-34) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.418 REVIEW BY THE ZONING ADMINISTRATOR.
(A) Upon receipt of the final plat, the Zoning Administrator shall review the plat to determine whether the plat conforms to the preliminary plat, with all changes requested and with all requirements imposed as conditions of acceptance. The Zoning Administrator shall check the final plat for completeness and compliance with the requirements of this chapter. If the submitted final plat is not complete, not in compliance with all requirements, or does not incorporate any required changes, the Zoning Administrator shall notify the subdivider and specify the respects in which it is deficient. If the Zoning Administrator determines that the final plat is in conformity with all requirements and the ordinances of the county it shall recommend approval of the final plat and forward the plat to the County Commission. The Zoning Administrator will make best efforts to notify the Planning Commission that the plat is being forwarded to the County Commission.
(B) If, upon the review of a final plat application processed by the Zoning Administrator as described here, the County Commission determines that the Zoning Administrator has not sufficiently addressed all issues relative to the subdivision, the County Commission may refer the application back to the Zoning Administrator for further review and recommendation.
(Prior Code, § 8-12-35) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.419 REVIEW BY THE COUNTY COMMISSION.
Except as otherwise provided in subchapter 155.550 et seq., within a reasonable time following the recommended approval of the final plat by the Zoning Administrator, the final plat shall be submitted to the County Commission for its review and consideration. The County Commission shall not be bound by the recommendations of the Zoning Administrator and may set its own conditions and requirements consistent with this chapter. If the County Commission determines that the final plat is in conformity with the requirements of this chapter, other applicable ordinances and that the County Commission is satisfied with the final plat of the subdivision, it shall approve the final plat. If the County Commission determines that the final plat is not in conformity with this chapter or other applicable ordinances, it shall disapprove the final plat specifying the reasons for such disapproval. No final plat shall have any force or effect unless the same has been approved by the County Commission and signed by the County Commission Chairperson and the County Clerk. Best efforts shall be made by staff to notify the Planning Commission of final decisions of the County Commission.
(Prior Code, § 8-12-36) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 24-16, passed 7-16-2024)
§ 155.420 COMPLETION ASSURANCE FOR REQUIRED IMPROVEMENTS.
(A) The subdivider shall complete all required landscaping or infrastructure improvement prior to any plat recordation or development activity. This division (A) does not apply if upon the applicant’s request, the county has authorized the applicant to post an improvement completion assurance in a manner that is consistent with this section.
(B) Prior to signing of a final plat by the County Engineer, County Attorney, County Clerk and County Commission Chairperson, the subdivider shall enter into an improvement completion agreement acceptable to the county ensuring completion of all improvements required to be installed in the subdivision. The completion agreement shall be in a form approved by the County Attorney, shall be signed on behalf of the county by the County Commission Chairperson, and may contain specific provisions approved by the County Attorney. The improvement completion agreement shall include, but not be limited to:
(1) The subdivider’s agreement to complete all improvements within a period not to exceed 24 months from the date the subdivision was approved by the county the agreement is executed;
(2) The improvements shall be completed to the satisfaction of the county and in accordance with the county’s design and construction standards as established by the County Engineer and adopted by the County Commission;
(3) A provision that the improvement completion assurance shall be equal to 110% of the County Engineer’s estimated cost of the improvements to be installed;
(4) That the county shall have direct access to the improvement completion assurance when necessary to remedy a deficiency in required subdivision improvements or a violation of the improvement completion agreement;
(5) That improvement completion assurance may only be reduced upon the written request of the subdivider as system improvements are completed. The amount of the reduction shall be determined by the County Engineer. Reductions shall be made only as they apply to the completion, satisfactory to the County Engineer, of entire systems. The improvements for subdivisions are typically grouped into seven system categories: culinary water, storm drainage, sanitary sewer, roadways, parks/trails and landscaping, erosion control and miscellaneous/finish items. Additional categories may be added if approved by the County Engineer. Such written reduction requests may be made only once every 30 days and no reduction shall be authorized until such time as the County Engineer has inspected the improvements and found them to be in compliance with the county’s standards and specifications. All reductions shall be by written authorization of the County Engineer. No improvement completion assurance shall be reduced below 10% of the County Engineer’s estimated cost of the improvement to be installed until final acceptance by the County Engineer following an improvement completion assurance warranty period. No reduction in improvement completion assurance shall be allowed for materials which are delivered to the subdivision site but not installed in accordance with approved construction drawings;
(6) That if the improvement completion assurance is inadequate to pay the cost of the completion of the improvements according to the county’s standards or specifications for whatever reason, including previous reductions, the subdivider shall be responsible for the deficiency and no further building permits shall be issued in the subdivision until the improvements are completed or, with County Commission approval, a new, satisfactory deposit and improvement completion agreement has been executed and delivered to the county;
(7) That the county’s cost of administration and engineering costs incurred in obtaining the deposited funds, including attorney fees and court costs, shall be deducted from any deposited funds;
(8) That the subdivider shall guarantee and maintain all improvements installed against any damage arising from any defect in construction, materials or quality of work during the warranty period and shall promptly repair the same upon notice from the county; and
(9) That the subdivider shall agree to hold the county harmless from any and all liability which may arise as a result of defects in materials and work of the improvements which are installed until such time as the county certifies the improvements are complete and accepts the improvements at the end of the warranty period.
(C) The county may accept three forms of financial completion assurance:
(1) Funds deposited directly with the County Treasurer;
(2) Letter of credit: an applicant may only use a letter of credit if the following conditions are met:
(a) The applicant’s financial institution has been approved by the County Treasurer and the County Attorney;
(b) The applicant’s financial institution provides the letter of credit on a standard letter of credit form supplied by county or in a form that provides equal or greater financial protection to the county, as determined by the County Attorney;
(c) The County Attorney, County Treasurer, and County Engineer approve the letter of credit, which they shall do if all of the conditions above are met unless they have reasonable, objective indications of a substantial risk that either the applicant or the applicant’s financial institution will not fulfill its obligations related to the completion of improvements or the financial guarantee; and
(d) A cash escrow is deposited with the County Treasurer at the time the letter of credit is executed equal to the full cost to revegetate any removed vegetation in the event the applicant, his or her successors or heirs, or his or her financial institution fails to perform.
(3) An escrow agreement and an escrow account deposited with a county-approved third party, federally insured financial institution. An applicant may only use an escrow account if the following conditions are met:
(a) The applicant’s financial institution has been approved by the County Treasurer and the County Attorney;
(b) The applicant’s financial institution provides the escrow agreement and account on a standard form supplied by the county or in a form that provides equal or greater financial protection to the county, as determined by the County Attorney;
(c) The County Attorney, County Treasurer, and County Engineer approve the escrow account, which they shall do if all of the conditions above are met unless they have reasonable, objective indications of a substantial risk that either the applicant or the applicant’s financial institution will not fulfill its obligations related to the completion of improvements or the financial guarantee; and
(d) A cash escrow is deposited with the County Treasurer at the time the escrow account is executed equal to the full cost to revegetate any removed vegetation in the event the applicant, his or her successors or heirs, or his or her financial institution fails to perform.
(D) The improvement completion agreement may be extended by the County Engineer one time for six months for good cause shown. Any subsequent extension shall require approval by the County Commission following timely written request by the developer.
(Prior Code, § 8-12-37) (Ord. 17-07, passed 2-7-2017; Ord. 19-09, passed 10-15-2019; Ord. 22-03, passed 1-18-2022)
§ 155.421 REVIEW BY THE COUNTY ATTORNEY.
The County Attorney shall review the submitted final plat, the signed subdivision improvements agreement, the current title report and the security for ensuring completion of the improvements to verify compliance with the county’s dedication and bonding requirements. The County Attorney may also review public easements, protective covenants and other documents where applicable. Upon approval of the final plat by the County Commission, the County Attorney shall sign the plat in the appropriate signature block and forward the plat to the County Clerk for presentation to the County Commission Chairperson.
(Prior Code, § 8-12-38) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.422 PAYMENT OF FEES.
All required and unpaid fees shall be paid by the subdivider prior to submitting the final plat to the County Commission.
(Prior Code, § 8-12-39) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.423 RECORDING OF FINAL PLAT.
(A) After approval from the County Commission, the submitted improvements guarantee described in § 155.420 of this code shall be accepted and executed by the county and the final plat shall be presented by the Zoning Administrator to the County Recorder.
(B) The plat may not be submitted to the County Recorder unless each owner of record of land described on the plat has signed the owner’s dedication as shown on the plat and each signature is acknowledged as provided by law.
(Prior Code, § 8-12-40) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.424 EXPIRATION OF FINAL PLAT.
If the final plat is not recorded within two years from the date of County Commission approval, such approval shall be null and void. This time period may be extended by the County Commission for up to one additional one-year period for good cause shown. The subdivider must petition in writing for an extension prior to the expiration of the original approval. No extension will be granted if it is determined that it will be detrimental to the county. If any of the fees charged as a condition of subdivision approval have increased, the county may require that the bond estimate be recalculated and that the subdivider pay any applicable fee increases as a condition of granting an extension.
(Prior Code, § 8-12-41) (Ord. 17-08, passed 2-7-2017; Ord. 19-09, passed 10-15-2019; Ord. 23-07, passed 3-21-2023)
§ 155.425 SUBDIVISION LAYOUT AND FENCING REQUIREMENTS.
(A) The subdivision layout shall conform to the county’s standards and ordinances as outlined in this section and all other sections in this chapter.
(B) Livestock fencing: New, nonagricultural development immediately adjacent to an existing agricultural area shall not be approved unless the developer and/or subsequent owners of property within the development install an agricultural fence along the property line between the two properties and assume the responsibility for all costs, including labor, materials and perpetual maintenance. All nonagricultural development that borders agriculture areas shall be subject to the following fencing requirements:
(1) The developer shall be required to pay for all of the cost, including labor and materials for a fence if the fence is or becomes a partition fence separating the development area from an adjoining agricultural area;
(2) Notwithstanding the above fencing requirement, the developer may, at his or her own discretion, cost and expense, construct a perimeter fence to enclose the development;
(3) In development areas that include wildlife migration corridors or critical wildlife habitat, as determined by the state’s Division of Wildlife Resources (DWR), wildlife friendly fencing may be considered;
(4) The fence shall be installed prior to any subdivision construction within the development;
(5) This code shall apply to all developments approved after January 1, 2020; and
(6) If the adjoining property ceases to operate an agricultural area the fencing and maintenance requirements shall not be required.
(Prior Code, § 8-12-42) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 20-02, passed 2-18-2020)
§ 155.426 LOTS.
(A) All subdivisions shall result in the creation of lots which are developable and capable of being built upon. A subdivision shall not create lots which would make improvement unfeasible due to size, shape, steepness of terrain, location of watercourses, problems of sewerage, driveway grades or other physical conditions.
(B) Where required by this chapter, all lots or parcels created by the subdivision shall have frontage on a street, improved to standards hereinafter required, equal to at least the street’s minimum required width from top back of curb on one side of the street to the back of sidewalk on the abutting side. Lots and parcels created by the subdivision with frontage along a previously established public street shall only be required to install a half street as defined in § 155.008 of this code. This frontage standard shall not apply to commercial subdivision lots where adequate executed cross-access agreements are provided between any and all affected developments and/or properties. Land designated as public right-of-way shall be separate and distinct from lots adjoining such right-of-way and not be included in the area of such lots.
(C) Flag-shaped or panhandle lots ("flag lots") may be created by subdivision in any single-family residential zone, if all of the following requirements are met:
(1) The lot has at least the width of a Private Lane (as defined in division 155.427(P)) as frontage on a dedicated public street or a private street established in a final plat or currently existing within the County and not part of a final plat; and
(2) The entire flagpole/panhandle portion of the lot shall be at least the width of a Private Lane;
(3) There shall be a minimum separation between the edges of flagpoles/panhandles that equals or exceeds the minimum required lot width for lots within the respective zone in which the property is located; and
(4) The length of the flagpole or panhandle shall not exceed 750 feet as measured from the right-of-way line or street chord upon which the flagpole/panhandle fronts on a public street or final platted private street to the front line of the body of the lot; and
(5) The flagpole or panhandle portion of a flag lot shall not be included in calculated gross square footage of a lot; and
(6) The minimum lot size is determined by the applicable underlying zoning.
(7) No accessory building shall be allowed on any portion of the pole or panhandle of the flag lot.
(8) A paved, or all weather hard surfaced, area must be provided as determined by the Fire Chief on each flag for the turnaround accommodation of emergency vehicles. The panhandle or pole may be included as part of the necessary turnaround area.
(9) A flagpole or panhandle may not extend from a cul-de-sac bulb or from a temporary turnaround at the end of a temporary dead-end street.
(10) All building setbacks shall be measured from the flag property lines. No setback shall be measured from the pole or panhandle.
(11) Garbage collection shall be provided at the street only.
(12) Mailboxes shall be located at the street of the stem or pole of the lot.
(13) Addresses for the property shall be required along the street that provides access for emergency purposes.
(14) The maximum grade of the flag pole, or panhandle, shall conform with driveway grade standards.
(D) The minimum area and dimensions of all lots shall conform to the requirements of this code for the zoning district in which the subdivision is located.
(E) The interior side lot lines of all lots shall be within 30 degrees of perpendicular to the street which the lot faces, or within 30 degrees of perpendicular to the center of curves, if such street is curved. Side lines of lots shall be within 30 degrees of perpendicular to the center of a cul-de-sac on which the lot faces. All interior side lot lines shall extend at the minimum of 30 degrees perpendicular, a minimum distance of 50 feet.
(F) Corner lots for residential use shall be platted ten feet wider than interior lots in order to facilitate conformance with the required street setback requirements of this code.
(G) A lot shall not be divided by a city limit line or county boundary line.
(H) Remnants of property shall not be left in the subdivision which do not conform to lot requirements or are not required or suitable for common open space, private utility or public purpose.
(I) Double frontage lots are not permitted unless approved by the County Commission after receiving a recommendation from county staff and the Planning Commission. The street frontage adjacent to the rear of any approved double frontage lots shall be improved by the subdivider in accordance with the standards set forth in the county’s subdivision standards. Unless specifically approved by the county, no double frontage lot shall have vehicular access from the street frontage adjacent to the rear of the lot.
(J) All portions of all parcels from which a subdivision is created shall be included within the mapped boundary description of the subdivision plat, unless a portion of land qualifies for, and is approved as, an agricultural land or other approved exemption from platting requirements, pursuant to § 155.393 of this code and applicable state law.
(K) Building envelopes shall be required to be shown on all final plats designating the buildable area on each lot. Building envelopes shall take into account minimum setback requirements, utility and access easements, physical constraints such as steep or unbuildable slopes, waterways, wetlands, faults, geologic hazards, water source protection areas and any other features necessary and which are in accordance with this chapter. The accurate identification of the building envelope in the field is the responsibility of the developer. A certificate of survey, prepared by a state-licensed professional land surveyor, may be required by the county. Building envelopes for single-family dwellings shall not be less than 5,000 square feet of contiguous area.
(L) Areas of lots which are 25% slope or greater are considered unbuildable and shall not be included within the building envelope. Lots which contain a building envelope with slopes greater than 15%, but less than 25% shall submit a geotechnical investigation and slope stability analysis, along with a site plan with the preliminary plat application, which has been prepared by a state-licensed professional engineer. The site plan shall include the driveway location, driveway grade, existing and proposed contour lines, location of and engineering design for all retaining walls in excess of four feet, a grading and drainage plan (including slope stability analysis) for all cut and fill areas and the finished floor elevation of the home. Slope stability analyses shall demonstrate that the proposed structure is stable on the slope to a minimum factor of safety of one and one-half under static conditions and one and one-tenth under pseudostatic conditions in conformance with the provisions in §§ 155.220 through 155.237 of this code (geologic hazards). The County Engineer shall review the analysis and site plan and may require peer review of any submitted engineering report by the County Geologist or other state-licensed professional engineer. The Building Official may require the developer to provide special inspections and written verification from a state-licensed professional engineer regarding construction compliance with the engineered site plan and recommendations of the geotechnical report.
(M) Shape of lots: lot lines shall generally be perpendicular with the street and run radically away from the street.
(Prior Code, § 8-12-43) (Ord. 10-16, passed 12-14-2010; Ord. 17-05, passed 2-7-2017; Ord. 19-09, passed 10-15-2019; Ord. 22-01, passed 1-4-2022; Ord. 24-06, passed 3-19-2024)
§ 155.427 STREETS, PRIVATE LANES AND DRIVEWAYS.
(A) Connection with existing streets. Subdividers shall locate streets within the subdivision so that the streets connect with existing public streets. If the adjoining land is zoned for residential use or agricultural zoning which would allow the creation of a planned residential subdivision, such as RR-10, RR-5, RR-1, R1-20 and A-20, streets shall be located and stubbed so that the adjacent land may be most efficiently subdivided.
(B) Conform to standards. All streets shall conform to the standards as designated by the county’s master traffic and transportation plan and/or adopted county design and construction standards, pursuant to this chapter. For territory where the master traffic and transportation plan does not designate a street, streets shall be provided as required by the Planning Commission and County Commission, commensurate with the anticipated impact of the subdivision and in accordance with adopted county design and construction standards and facilities plans. All public streets shall be dedicated to the county for public use.
(C) Half street. Where a “half street” is approved as defined in § 155.008 of this code, such street shall include no less than sufficient right-of-way to construct half a “local street section,” and the subdivider shall install the same; however, at no time shall the improved street surface be less than 22 feet wide for the entire width of the subdivision.
(D) Improvements required. All lots or parcels created by the subdivision shall have access to the lot as required in this chapter. Pavement widths, curbs, gutters, sidewalks and park strips shall be installed on existing and proposed streets by the subdivider in all subdivisions where the adopted road cross-sections require these improvements.
(1) Deferral agreement. The County Commission may, after receiving a recommendation from the County Engineer and the Planning Commission, modify the street improvement requirements, if the following conditions are met:
(a) A deferral agreement to construct any remaining required street improvements at a later date, to be determined by the county is executed prior to the recordation of the plat;
(b) The deferred improvements are not necessary at this time to protect the public’s health, safety and welfare, and the required improvements would create a negative impact on abutting unimproved properties; and
(c) In lieu of a deferral agreement, the Planning Commission may grant an improvements exemption as provided for in this division (D).
(2) Improvements exemption.
(a) The Planning Commission may provide an improvements exemption for certain street improvement requirements. Residential subdivisions of ten lots or fewer may receive a special exemption from the requirement to improve infrastructure deficiencies along the frontage of existing infrastructure. This exemption shall only be available for those properties abutting existing public streets, as indicated in this division (D)(2), and as determined by county staff. Pavement width, curb, gutter, sidewalks and park strips may be treated as separate components. The requirement to provide for each shall depend on the existence of each component previously improved within 300 feet of the subdivision boundaries. In all cases where each component of new infrastructure is required, it shall be installed pursuant to adopted standards.
(b) Such an exemption may be granted upon finding that requiring the full street infrastructure improvements is not roughly proportional, in nature or extent, to the impact of the development on the community; is not beneficial to the county; or may be detrimental to the neighboring property abutting the development; and that the waived improvements are not necessary at this time to protect the public’s health, safety and welfare.
(c) Usage of this division (D)(2) for an exemption to the required infrastructure standards shall not be utilized to circumvent the need for infrastructure improvements by adding additional building lots to the subdivision at a later time. Any amendment to such a subdivision shall adequately address the requirements for improved infrastructure as provided elsewhere in this subchapter.
(d) The Planning Commission may, based on potential conflict, complexity or contention of the proposed subdivision, forward the application to the Planning Commission for review and the County Commission for decision.
(E) Angle of approach. Local streets shall approach an arterial or collector street at an angle of at least 85 degrees. Street grades at intersections shall be no greater than 4% for at least 50 feet.
(F) Street grades. Minimum street grades of l% are required. The maximum grade for streets and in all zones shall be 12%, for a distance not greater than 500 feet and shall also be designed and constructed in accordance with the adopted Fire Code and Wildland Urban Interface Code. Street grades less than 1% may be considered if it is determined by the County Engineer to be unnecessary based on sound engineering principles.
(G) Connecting curves. Where street lines within a block deflect from each other at any one point, there shall be connecting curves. The radius of the curve for the street centerline shall be not less than 350 feet for arterial streets, 250 feet for collector streets and 150 feet for local streets.
(H) Cul-de-sacs.
(1) In order to reduce vehicle trips and facilitate a more pedestrian friendly subdivision design, the use of cul-de-sacs within subdivisions shall be permitted only when through road connections are not feasible due to topography, adjacent or surrounding uses, parcel size or shape or other physical constraints to development. When cul-de-sacs are approved, pedestrian pathways shall be provided from the cul-de-sac to other streets, pathways or trails as deemed appropriate by the county through analysis of surrounding existing and planned facilities. When cul-de-sacs with pedestrian pathways are proposed or required, they shall be designed in compliance with county standards and specifications and shall be designed so that the length of the pathway is minimized and visibility into the pathway is maximized. As a minimum development standard for the pedestrian pathway, the developer shall construct a dedicated, paved surface eight feet in width, with curbing to facilitate proper drainage, as required by the county’s specifications. In addition, the developer shall install a six-foot-high open fence along both sides of the pathway in conjunction with the construction of the pathway. The required fence shall be of maintenance free materials. Required pathway improvements shall be included in the improvements guarantee for the subdivision.
(2) When approved, permanent cul-de-sacs must be terminated with a turnaround of not less than 96 feet of right-of-way in diameter as stated in the International Fire Code as adopted by the county, or an alternative turnaround design which meets the adopted Fire and Wildland Urban Interface Code and is approved by the Fire Code Official and County Engineer. Cul-de-sacs and permanent turnarounds shall not exceed 3% grade. Downhill cul-de-sacs shall not be approved unless adequate drainage and sanitary sewer service is provided.
(I) Dead end streets. Dead end streets and single access developments with a terminal street system shall not exceed 750 feet in length, unless approved by the land use authority on accommodation from the Fire Code Official and County Engineer to meet fire safety standards based on the International Fire Code as adopted by the county. On temporary dead end streets, a temporary turnaround area and recordable easement, which meets the requirements of the adopted Fire and Wildland Urban Interface Code and is approved by the County Engineer and Fire Code Official, shall be provided at the end thereof to remain and be available for public use as long as the dead end exists. Improvements shall be installed in temporary turnaround areas. New subdivisions shall not be allowed to increase the length of an existing dead end road, if the existing dead end road is in excess of 750 feet, unless approved by the land use authority on recommendation from the Fire Code Official and County Engineer to meet fire safety standards based on the International Fire Code as adopted by the county but shall be allowed to develop upon the existing dead end road, pursuant to zoning requirements, if the road meets county standards. Where the county ordinance and Fire Code contradict, the more restrictive regulation shall apply.
(J) Protection strips. Where subdivision streets parallel contiguous property of other owners, the subdivider may, with approval of the County Commission, retain a protection strip of not less than one foot in width between said street and adjacent property, provided that an agreement approved by the County Attorney has been made. Such agreement should be either with the owners of the property adjacent to the protection strip, or with the county for the benefit of the owners, contracting to deed to the owners of the adjacent property the protection strip for consideration to be named in the agreement. Such consideration is to be not more than the fair cost of the land held in the protection strip, the street and utility improvements properly chargeable to the adjacent property, plus the value of one-half the land in the street at the time of agreement. One copy of the agreement shall be submitted to the County Attorney and one to the county Zoning Administrator prior to approval of the final plat. Protection strips shall not be submitted at the end of any street.
(K) Gates. Gates are allowed to be constructed across private streets and driveways. Gates must provide lockboxes or other access mechanisms, which are approved by the County Sheriff and local Fire Code Official.
(L) Street names. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names are subject to approval by the county.
(M) Private streets in standard single-family subdivisions. Private streets in standard single-family dwelling subdivisions shall only be approved in conformance with the following requirements.
(1) Private streets shall meet and adhere to all county standards for private streets, including construction standards and width and right-of-way standards. The minimum right-of-way for private streets is 36 feet, including 22 feet of paved surface, a four-foot shoulder on each side of the pavement, and drainage sufficient to provide for anticipated stormwater runoff (a minimum of three feet per side of the private street). Two feet of shoulder on each side of the private street is required to be paved for a total of 26 feet of pavement as illustrated on the adopted street design elevations. Additional right-of-way may be required if an approved drainage design cannot be accomplished within the 36-foot right-of-way. The road subgrade and pavement shall be sufficient to hold a 75,000-pound load.
(2) Private streets shall have the same requirements for dead end and single access roads, cul-de-sacs and maximum length.
(3) Private streets shall only be allowed in developments in which a homeowners’ association is legally established. A perpetual maintenance plan, including estimates of annual assessments and 30-year road maintenance costs, along with provisions for management of the association, shall be included within the CC&Rs for the subdivision. All CC&Rs and HOA corporate documents and bylaws shall be recorded prior to or concurrent with the final plat.
(4) The county may determine in the public interest that a proposed private street shall be dedicated with the subdivision as a public street for public use. In such cases, the private streets shall meet all standards regarding public streets, as specified in this subchapter.
(5) Private streets, private lanes, and access easements may terminate into a Hammerhead design to allow for emergency turnaround. A cul-de-sac may also be used if desired. Cul-de-sacs shall conform to the standards defined in division (H) above. Hammerhead design shall conform to the current adopted International Fire Code and figures defining the 60-foot “Y,” 120-foot Hammerhead, and the accepted alternative to the 120-foot Hammerhead variants.
(N) Private streets in other developments. Private streets in other flexible subdivision development, commercial and multi-family development types may only be allowed pursuant to the specific requirements found within the chapters or provisions allowing such.
(O) Establishment of new private street or lane. The establishment of a new private street, private lane or right-of-way shall be evaluated by the Zoning Administrator and County Engineer, and may, at the discretion of the County Commission, be required to be dedicated as a public street meeting county street standards to accomplish needed and logical street connections, to provide access to properties that may otherwise have no access or limited access to the detriment of the property, or other purposes determined to be appropriate.
(P) Private lanes.
(1) Requirements. Private lanes in standard single-family dwelling subdivisions (non-PRUD, MPDR or other planned development type) shall only be approved in conformance with the following requirements.
(a) Private lanes shall only be considered in standard single-family dwelling subdivisions that have a minimum of 20 acres of contiguous property within the subdivision boundaries and provide a minimum of five acre lots.
(b) Private lanes providing required frontage for and access to lots shall provide access to no more than four single-family lots or dwellings and shall not exceed 1,000 feet in length.
(c) Private lanes shall have a recorded minimum right-of-way of 26 feet, and an improved, all weather surface of at least 20 feet, designed and constructed with rolled and compacted road base capable of supporting a 75,000-pound fire apparatus vehicle, road base and subbase that meet the recommended geotechnical analysis of the load bearing capacity of the soils under the proposed roadway, and which is also designed pursuant to adopted construction standards, Fire Codes and wildland urban interface requirements. Private lanes greater than 150 feet in length must be terminated with a turnaround of not less than 110 feet of right-of-way in diameter, or an alternative turnaround design which meets the adopted Fire and Wildland Urban Interface Code and is approved by the Fire Code Official and County Engineer. Additional right-of-way may be required if an approved drainage design cannot be accomplished within the 26-foot right-of-way.
(d) Private lanes shall be clearly annotated on the subdivision plat as a private lane.
(2) Private lanes may be required to be public street. The establishment of a new private lane or right-of-way shall be evaluated by the Zoning Administrator and County Engineer, and may, at the discretion of the County Commission, be required to be dedicated as a public street meeting county street standards to accomplish needed and logical street connections, to provide access to properties that may otherwise have no access or limited access to the detriment of the property, or other purposes determined to be appropriate.
(3) Private lanes considered subdivision improvements. All private lane and right-of-way improvements are considered required subdivision improvements and shall be inspected for compliance with the approved plans and construction drawings prior to any applicant applying for a building permit.
(4) Underground utilities to be privately-owned and maintained. All utilities underneath a private right-of-way shall be deemed private utilities for ownership and maintenance purposes. Utilities under a private right-of-way which are provided by special service districts or private companies are subject to their rules and regulations.
(5) On lane parking. In order to maintain continuous access for emergency vehicles, on-street parking shall be prohibited on a private lane. Enforcement of on-street parking restrictions shall be the responsibility of the owners of the private right-of-way.
(6) Easement and maintenance. At no time shall any portion of a private lane right-of-way providing access to single-family dwelling unit(s) be on a parcel of property or traverse a parcel of property that is not a legal building lot. Each private lane right-of-way shall be established in the form of an easement acceptable to the County Attorney and recorded with the County Recorder. Such easement shall include all parties with interest in the parcel or parcels containing the private lane right-of-way as grantors and all parties retaining access from the private lane right-of-way as grantees. The easement shall extend and connect to the county’s public street infrastructure to provide clear access from all building lots to a public right-of-way. An applicant proposing a subdivision with access from a private lane right-of-way shall submit a document detailing the method for maintaining the private lane right-of-way, private utilities and any common areas. The document shall be in a form acceptable to the County Attorney and shall be recorded in the County Recorder’s office.
(7) Setbacks. Minimum setback requirements shall apply to all buildings fronting, siding or rearing on any private lane right-of-way and shall be measured from the boundary of the private right-of-way nearest the building and its extension through the applicable lot. This requirement shall not apply to lots abutting but not accessing the private right-of-way.
(Q) Access easements.
(1) Requirements. An access easement shall be allowed in MU-160, F-1 and A-20 Zoning Districts for one single-family residential unit. The following requirements shall be met:
(a) Lots or parcels that have property lines that are adjacent to and share a boundary line with a public or private road, the minimum lot or parcel width shall also be the minimum frontage along that road. Lots or parcels that are not adjacent to or share a boundary line with a public or private road shall provide evidence of easements for access to the property;
(b) Access easements shall be a minimum of 26 feet wide and shall be recorded against adjacent properties in favor of the lot or parcel and shall allow access for emergency personnel and apparatus;
(c) Access easements for residential uses shall have an improved, all weather surface of at least 20 feet, designed and constructed with rolled and compacted road base capable of supporting a 75,000-pound fire apparatus vehicle, road base and subbase that meet the recommended geotechnical analysis of the load bearing capacity of the soils under the proposed roadway, and which is also designed pursuant to adopted construction standards, Fire Codes and Wildland Urban Interface Code requirements. If access easements for emergency vehicles are not required standards may be reduced by the County Engineer; and
(d) A turnaround of not less than 110 feet of right-of-way in diameter, or an alternative turnaround design which meets the adopted Fire and Wildland Urban Interface Code and is approved by the Fire Code Official and County Engineer every 1,000 feet. Additional right-of-way may be required if an approved drainage design cannot be accomplished within the 26-foot right-of-way.
(2) Access easements considered subdivision improvements. All access easements and right-of-way improvements are considered required subdivision improvements and shall be inspected for compliance with the approved plans and construction drawings prior to any applicant applying for a building permit.
(3) Underground utilities ownership and maintenance. All utilities underneath a private right-of-way not in the public right-of-way shall be deemed private utilities for ownership and maintenance purposes. Utilities under a private right-of-way which are provided by special service districts or private companies are subject to their rules and regulations.
(4) Parking. Parking shall be prohibited on an access easement. Enforcement of on-street parking restrictions shall be the responsibility of the owners of the private right-of-way.
(5) Easement and maintenance. Each access easement right-of-way shall be established in the form of an easement acceptable to the County Attorney and recorded with the County Recorder. Such easement shall include all parties with interest in the parcel or parcels containing the access easement right-of-way as grantors and all parties retaining access from the access easement right-of-way as grantees. The easement shall extend and connect to the county’s public street infrastructure to provide clear access from all building lots or parcels to a public right-of-way. An applicant proposing a subdivision with access from an access easement right-of-way shall submit a document detailing the method for maintaining the access easement right-of-way, private utilities and any common areas. The document shall be in a form acceptable to the County Attorney and shall be recorded in the County Recorder’s office.
(R) Driveways.
(1) Driveways shall be provided for all residential building lots. The drive approach for the driveway shall be a minimum width of 12 feet and shall not exceed the maximum width of 40 feet. A secondary drive approach may be permitted upon review and approval by the County Engineer.
(2) Down sloping driveways toward the building envelope shall not be permitted, unless topographic constraints warrant their construction. Driveways must comply with the provisions of the adopted International Building Code regarding drainage adjacent to any structures.
(3) For driveways less than 50 feet in length, the maximum slope shall be 15%. For driveways 50 feet or greater, the maximum grade at which a driveway shall be allowed to be built is 12%. All driveways shall meet the provisions of the adopted Fire Code and Wildland Urban Interface Code for grade and turnaround requirements. Driveways longer than 100 feet, in areas of geologic instability or steep or loose slope areas, or as determined by the Fire Chief, Building Official, Zoning Administrator or County Engineer, shall be reviewed and accepted by the County Engineer prior to issuance of a building permit.
(4) A driveway serving no more than one dwelling or lot may be designed and constructed as an all-weather gravel road, with rolled and compacted road base capable of supporting a 75,000-pound fire apparatus vehicle, and road base and subbase that meet geotechnical recommendations. If at any time during building construction, the gravel driveway becomes impassable, as determined by the Building Official, Fire Code Official, Zoning Administrator or County Engineer, a stop work order shall be placed on the building permit until the road is rehabilitated and inspected to meet this standard. The developer is responsible to pay all inspection fees prior to the stop work order being lifted.
(5) Driveways serving two or more lots or building envelopes shall be paved to county construction standards for private lanes.
(6) A paved apron is required to be installed for all driveways accessing from paved streets and rights-of-way, prior to the issuance of a certificate of occupancy.
(7) Driveways may not be utilized to establish or calculate required lot frontage.
(S) Traffic and street name signs.
(1) Traffic and street name signs are to be constructed and installed by the developer according to county and state standards and shall be considered required subdivision improvements. No building permits shall be issued in a subdivision until all street signs are installed.
(2) All private street signs are the maintenance and replacement responsibility of the homeowners’ association, developer or individual property owner.
(T) Change of private right-of-way to public ownership. A note shall be placed on all subdivision plats that contain a private lane that states the following.
(1) The road(s) annotated on this plat as “private lane” were allowed alternative construction standards from adopted public or private streets standards. The county shall not take control of said lanes unless it is first deemed by the County Commission that there is a compelling public interest, the streets are brought to public standards and all landowners accessing the street have consented to the dedication.
(2) A private street may only be considered for a change to public ownership if all of the following findings are met:
(a) There is a compelling public interest;
(b) All the right-of-way owners sign a petition so requesting; and
(c) The right-of-way satisfies the county’s public street width, cross-section and construction standards.
(U) Alternative street design standard for rural subdivisions.
(1) A rural subdivision is defined as any subdivision within the county that has lots of one acre or greater in size, with surrounding parcels or lots within other subdivisions with similar sizes. This standard may only be used if adjacent development will not be negatively impacted by the lack of curb, gutter, or sidewalks. Specifically, if development on either side of the proposed subdivision already has curbs, gutters, and sidewalks, then this standard may not be used, and connecting infrastructure shall be constructed. Any reconstruction of rural roads shall conform to this design standard.
(2) The cross-section design shall include the following:
(a) Two 12-foot travel lanes.
(b) Two six foot wide shoulders.
(c) Twelve-foot-wide ditches on both sides of the street, the bottom of which shall be at the mid-point). Each ditch shall be reinforced with road base to reduce erosion.
(d) Ditch slopes shall not be greater than 3:1 with a maximum depth of two-feet. Each driveway over the ditch portion shall be paved with a reinforced concrete culvert pipe engineered and sized to meet flows.
(e) The edges of the paved roadway surface shall be thickened creating a triangle from 3" to 5" starting at 18" from the edge of the roadway.
(f) Infrastructure improvements shall be designed in such a way that if existing sidewalks, curb, and gutter, are located adjacent to proposed rural street improvements then the final design shall connect the two for public safety and welfare of pedestrians, bicycles, and ADA types of traffic that would utilize the shoulders/sidewalks.
(g) Performance grade asphalt or chip seal (mixed design) and testing per County Engineer and approved by the Public Works Director.
(Prior Code, § 8-12-44) (Ord. 10-16, passed 12-14-2010; Ord. 11-16, passed 12-6-2011; Ord. 12-02, passed 5-1-2012; Ord. 12-06, passed 6-19-2012; Ord. 12-09, passed 9-18-2012; Ord. 15-06, passed 6-21-2015; Ord. 16-02, passed 3-15-2016; Ord. 17-29, passed 5-16-2017; Ord. 18-04, passed 5-15-2018; Ord. 18-10, passed 11-13-2018; Ord. 19-09, passed 10-15-2019; Ord. 21-06, passed 6-1-2021; Ord. 21-08, passed 7-6-2021; Ord. 23-08, passed 6-6-2023; Ord. 23-10, passed 8-15-2023)
§ 155.428 DRAINAGE.
The subdivider shall construct and install drainage and erosion control systems. All systems shall be designed for runoff calculated for a 100-year storm event for detention basins and a ten-year event for all other facilities and conform to the county’s standards and specifications. A maximum stormwater-controlled release rate of two-tenths cubic feet per second per acre shall be the maximum permitted. However, no discharge shall exceed demonstrated historical flows from any drainage or sum of drainages. Further reductions in release rates may be required in situations of insufficient stormwater system capacity. The subdivider shall provide easements for storm drainage, natural watercourses or channels, streams, creeks, irrigation ditches or floodplains that intersect, traverse or are within the subdivision. The subdivider shall also dedicate easements for any pipe, conduit, channel and retention or detention areas as required by the County Engineer.
(Prior Code, § 8-12-45) (Ord. 12-09, passed 9-18-2012; Ord. 19-09, passed 10-15-2019)
§ 155.429 UTILITIES.
(A) (1) Except as otherwise approved by the County Engineer due to the remote location of the applicable projects, all utilities shall be provided through underground facilities. All utilities shall be developed in provided easements and all easements shall extend to each lot line to ensure utility service accessibility for each lot. All required underground utilities and utility crossings of roadways specified in this section shall be installed prior to the installation of road base, surfacing, curbs, gutters and sidewalks. Underground utilities shall be installed only after streets have been rough graded to a line and grade approved by the County Engineer. If underground utilities are not installed prior to street surfacing sleeves shall be required. No transformers or aboveground utility boxes shall be placed within the public right-of-way. Inspections shall be required at intervals determined by the County Engineer.
(2) All utilities shall include both wet and dry. Wet utilities shall be defined as water, secondary water (irrigation), wastewater (sewer), and storm drainage. Dry utilities shall include electricity, cable (broadband, fiber, or other high speed internet provider), gas, etc. All subdividers and developers shall contract individually with utility companies and no utility shall be allowed in public right-of-way or easements without Morgan County approved franchise agreements.
(B) A culinary water supply shall be available to each lot in the subdivision and shall be provided in conformance with this chapter, the standards and specifications of the county, the Weber/Morgan Health Department and the state’s Department of Environmental Quality, Division of Drinking Water. Well protection areas must be wholly included within each lot (or lots in the case of a shared well) and shown on the final plat where a well is proposed as a water source, pursuant to the requirements of the Weber/Morgan Health Department and the state. Well protection areas shall not include any portions of public or private streets, or area outside of the plat, without written approval of the Weber/Morgan Health Department and appropriate easements from all property owners. Written verification of approvals and operating permits from outside regulatory agencies is required.
(1) Individual or nonpublic shared wells shall only be allowed in subdivisions that satisfy the following standards:
(a) The following table outlines the number of lots allowed within subdivisions on wells in the following zones:
Zoning | Number of Lots |
RR-1 (Rural Residential 1 Acre) | 10 |
RR-2.5 (Rural Residential 2.5 Acre) | 10 |
RR-5 (Rural Residential 5 Acre) | 15 |
RR-10 (Rural Residential 10 Acre) | 20 |
A-20 (Agriculture) | 25 |
(b) Wells must be capable of providing 800 gallons per day (gpd) per equivalent residential connection (ERC) for indoor culinary use and a minimum of three gallons per minute (gpm) per irrigated acre for outdoor use. The subdivider must possess, and provide to the county, written documentation (water right certificate and the like) which grants the legal right to the required amount of water to each lot within the proposed subdivision.
(c) Where a well is proposed to be shared between two or more lots, written approval from the Weber/Morgan Health Department that the proposed well meets all requirements is required to be submitted with the preliminary plat application. A maintenance agreement between the lot owners is required to be executed prior to plat recordation which identifies maintenance responsibilities, easements and wellhead protection requirements.
(d) Water service lines to lots shall be at least three-fourths inch diameter. Greater diameter may be required due to grade, pressure, Building Code and fire sprinkler requirements.
(e) Water rights and well permits are required as a condition of approval for each lot and shall remain with the lot and shall not be transferred separately from the lot.
(f) Septic systems will be prohibited in areas serviced by a public or quasi- public sanitary sewer system.
(2) Where an approved culinary water supply system is available or proposed, the county will require to be installed, at the subdivider’s expense, water mains, valves, hydrants, service laterals, meter yokes, boxes, lids, meters (when required prior to the home or building construction by the water provider) and appurtenances to each lot within the subdivision. The source shall be capable of delivering 800 gallons per day per equivalent residential connection for indoor use and three gpm per irrigated acre for outdoor use.
(a) Required water storage shall be calculated by the cumulative requirements of culinary, irrigation and fire suppression requirements, but shall be no less than 400 gallons per equivalent residential connection for indoor use, 1,813 gallons of storage for each irrigated acre, and 120,000 gallons for fire suppression.
(b) Water service lines to lots shall be at least three-fourths inch diameter. Greater diameter may be required due to grade, pressure, Building Code and fire sprinkler requirements.
(c) Water and connection rights are required as a condition of approval for each lot and shall remain with the lot and not be transferred separately from the lot.
(C) Fire suppression: No use shall be permitted unless it is shown that there is an adequate supply (as per the International Fire Code) of and immediate access to water for fire protection as determined by the Fire Marshal for the jurisdiction of the subdivision.
(D) If the subdivision is within a sewer improvement district, the subdivider must connect with a sanitary sewer and provide sewer mains and extend laterals from the sewer main to each lot in the subdivision, in accordance with the rules and regulations of the sewer district and the construction specifications of the county. If individual on-site septic tanks are proposed, written approval must be provided from the Weber/Morgan Health Department.
(E) Subsurface water drains may be installed at the option of the subdivider or as required by the County Engineer. All plans for such subsurface drains proposed by the subdivider shall be reviewed by the County Engineer. All such subsurface drains shall meet the minimum requirements for design and construction of such drains, as specified by the county. Upon final inspection and approval by the County Engineer of such subsurface water drainage system, the owner shall thereafter maintain the system. The owner shall cause to be recorded protective covenants providing for mandatory assessment and payment of fees for each lot or parcel located within the subdivision which covenants shall run with the land and be binding upon all successors in interest and assigns of the owner. The maintenance assessments shall constitute a lien on each lot or parcel located within the subdivision and may be enforced in accordance with the terms of any applicable subdivision subsurface water drain maintenance agreement and the protective covenants referred to hereinabove. The county may, based on the findings and recommendations of a geotechnical report and other relevant analysis, require that no basements are constructed in certain areas with identified high water tables. If no basements are allowed, a note shall be placed on the plat reflecting this requirement.
(F) Streetlights shall be provided in all subdivisions where required by the County Engineer for intersection safety or other public safety purpose as set forth herein. The subdivider shall pay for the installation, including all electrical service lines. The subdivider shall provide for the design and installation of the street lighting system, which conforms to the county’s design and construction standards and the specifications of Rocky Mountain Power or other electrical power authority and the adopted Building Code. Operation costs of streetlights shall be the responsibility of the homeowners’ association, where an HOA exists. All streetlights shall be downward directed and be compliant with industry standard for dark sky compliance.
(G) Utility easements shall be provided within the subdivision as required for public utility purposes. All lots shall have front and rear yard easements of ten feet and at least one side yard easement of at least seven feet. Additional easements, or increased width of easements, may be required as necessary to provide for adequate utility service and/or drainage within the subdivision and adjoining parcels. Utilities shall be installed within dedicated public rights-of-way, other streets or public utility easements, except for aboveground utility boxes or stations.
(Prior Code, § 8-12-46) (Ord. 10-16, passed 12-14-2010; Ord. 11-16, passed 12-6-2011; Ord. 12-12, passed 12-4-2012; Ord. 19-09, passed 10-15-2019; Ord. 20-11, passed 9-1-2020; Ord. 23-16, passed 11-7-2023; Ord. 24-09, passed 4-16-2024; Ord. 24-18, passed 8-6-2024)
§ 155.430 SUBDIVISION SURVEY MONUMENTS.
Prior to the placement or installation of any survey monument within a subdivision, the subdivider shall obtain approval and verification of the proposed location of the survey monument from the County Surveyor. Standard monuments, which are acceptable to the County Surveyor, shall be installed by the subdivider’s state-licensed professional engineer or professional land surveyor and shall be part of the required improvements.
(Prior Code, § 8-12-47) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.431 IMPROVEMENTS REQUIRED.
§ 155.432 WARRANTY PERIOD.
(A) The improvement assurance warranty period shall commence upon the date that all improvements required by the county to be installed within the subdivision or required repairs have been completed to the satisfaction of the county and an inspection approving the same and a release, which reserves at least 15% of the approved engineer’s cost estimate for the required improvements of the security has been made.
(B) The warranty period shall continue for one year. The improvement assurance warranty period may be extended to two years after final acceptance of the improvement or warranty work in those cases where the county determines for good cause that a lesser period would be inadequate to protect the public health, safety and welfare, and has substantial evidence of prior poor performance of the applicant, unstable soil conditions within the subdivision or development area that would render impracticable the discovery of substandard or defective performance within a one-year period; a partial release of the improvement assurance, if appropriate, is provided; and the county establishes objective inspection standards for final acceptance of the required improvements.
(C) The subdivider shall warrant that the materials and quality of work of improvements comport with adopted county design and construction standards and will not fail in any material aspect during the warranty period by reason of any defect in quality of work and material.
(D) If any defects or deficiencies in materials or quality of work are found by the county during the warranty period or that the improvements, including, without limitation, landscaping improvements, fire hydrants, sidewalks, storm drains, sanitary sewer improvements, roads (including utility settling), street signs, meter pits and curb and gutter have failed in any material aspect, the subdivider shall promptly resolve such defects or deficiencies and request the County Engineer to reinspect the improvements. Thereafter the repairs may, at the discretion of the County Engineer in accordance with state law, be subject to an additional warranty period.
(E) At the end of the warranty period the subdivider shall request the County Engineer to make a final inspection of all improvements pursuant to the county’s objective inspection standards. If the County Engineer verifies that the improvements are acceptable, the county shall issue an acceptance letter authorizing the release of the balance of the security posted by the subdivider.
(F) Any subdivision inspections that include living plant materials, parks or park strips will only be performed between April 15 and October 30, in accordance with this chapter. Inspection of other county-required improvements during cool climates, inclement weather or between October 30 and April 15 will be subject to a finding by the County Engineer that such installation can be satisfactorily inspected.
(Prior Code, § 8-12-49) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.433 CONSTRUCTION AND DESIGN STANDARDS.
Standards for design, construction specifications, inspection of the street improvements, curbs, gutters, sidewalks and standards for design, construction specifications and inspection of water distribution systems, irrigation ditches, sewage disposal facilities, storm drainage and detention facilities, streetlights, street signs, sanitary sewer, fences, fire hydrants, parks and trails construction and flood control facilities shall be prepared by the County Engineer and adopted by the county. All subdivision standards and specifications and amendments thereto which are under the control of the county shall be approved by the County Commission before becoming effective. The County Commission may by resolution adopt subdivision standards and specifications for the county which may be amended from time to time. All subdividers shall comply with all subdivision standards and specifications adopted by the County Commission. All required improvements shall be installed in accordance with the county’s standards, as administered by the County Engineer and the County Surveyor, the subdivision improvements agreement between the subdivider and the county and all other applicable county ordinances and regulations.
(Prior Code, § 8-12-50) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.434 COMPLETION.
A complete set of record drawings (“as built” drawings) shall be filed with the County Engineer upon completion of the required improvements and prior to commencement of the warranty period. The record drawings shall be on reproducible Mylar copies of the original tracings and certified as to accuracy and completeness by the subdivider’s state-licensed professional engineer. Additionally, the subdivider shall submit electronic copies of the record drawings in AutoCAD (DWG) format.
(Prior Code, § 8-12-51) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.435 DEVELOPMENT FEES AND TAXES.
(A) No final plat shall be approved by the County Commission or Zoning Administrator or recorded and no building or other permits required by the ordinances of the county shall be issued, unless the subdivider shall first pay to the county all applicable fees required under the county’s fee schedule.
(B) All improvements inspection fees, development review and consulting fees and outstanding taxes, including any greenbelt rollback taxes, shall be paid to the county prior to the recordation of the plat, per the county’s fee schedule and tax assessments.
(Prior Code, § 8-12-52) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.436 SMALL SUBDIVISION.
A SMALL SUBDIVISION shall be defined as a subdivision of ten lots or fewer from a parcel which meets the following criteria:
(A) The parcel proposed to be subdivided currently has the zoning designation required for the minimum lot sizes proposed;
(B) Where required by this chapter, all lots shall have acceptable access to a public street, either by direct frontage or through access by an approved private street. Public and private street standards must meet standard county cross-sections and adopted specifications and the requirements of this chapter;
(C) Each lot within the proposed subdivision must meet the frontage, width and area requirements of the zone district in which it is to be located; and
(D) The proposed lots are not part of an existing, platted, recorded subdivision.
(Prior Code, § 8-12-53) (Ord. 14-05, passed 7-15-2014; Ord. 17-06, passed 2-7-2017; Ord. 19-09, passed 10-15-2019)
§ 155.437 APPROVAL AUTHORITY; SMALL SUBDIVISIONS.
In the case of small subdivisions, the Planning Commission shall have the ability to approve, approve with conditions or deny a small subdivision in accordance with the regulations outlined in this subchapter. Alternatively, the Planning Commission may direct that the application follows the standard procedures for subdivision approval, as provided elsewhere in this subchapter. The applicant may appeal the decision of the Planning Commission to the County Commission as outlined elsewhere in this subchapter.
(Prior Code, § 8-12-54) (Ord. 15-06, passed 6-21-2015; Ord. 19-09, passed 10-15-2019)
§ 155.438 SUBMISSION OF SMALL SUBDIVISION.
The subdivider shall submit a complete application for a small subdivision to the county’s Planning and Development Services Department, along with a completed application and application fee. The proposed small subdivision application shall include all of the information required for a complete preliminary and final plat application as outlined in §§ 155.407, 155.413, 155.414 and 155.415 of this code, and other applicable sections of this chapter, with the exception of the final Mylar for signature. The fee for small subdivisions shall be based on the county’s adopted fee schedule. Small subdivisions shall meet all the requirements of this chapter.
(Prior Code, § 8-12-55) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.439 NOTIFICATION.
(A) The county’s Planning and Development Services Department, upon receipt of a complete application for small subdivision, shall distribute copies of the plan to such government departments and other agencies or advisors as in the opinion of the Zoning Administrator may contribute to a decision in the best interest of the public. The County Surveyor, County Engineer and Fire Code Official shall review all subdivision applications.
(Prior Code, § 8-12-56) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.440 REVIEW BY THE PLANNING COMMISSION OF SMALL SUBDIVISIONS.
(A) Once comment has been received from all notified government departments, agencies and property owners, the county’s Planning and Development Services Department shall review the submitted small subdivision application and check compliance with relevant requirements of the county’s General Plan, Land Use Management Code and other appropriate regulations, and shall present a staff report to the Planning Commission. Based on this staff report, the Planning Commission shall make findings regarding the submitted small subdivision plan, specifying the approval, approval with conditions or denial of the subdivision, or specifying any inadequacy in the information submitted, noncompliance with county regulations, questionable or undesirable design and/or engineering. The Planning Commission may also make a determination that the small subdivision is required to proceed through the normal subdivision process. The Zoning Administrator shall prepare a notice of decision and deliver it to the applicant within a reasonable period following the review, outlining the decision of the Planning Commission, including any findings and/or conditions of approval.
(B) The Planning Commission shall take the following into account when determining whether the application will require standard subdivision review:
(1) The size of the proposed development;
(2) Whether the subdivision lies within the Sensitive Area District or geologic hazard study area;
(3) Compliance with county ordinances and relevant sections of the county’s General Plan;
(4) Requests for exceptions or modifications;
(5) Compatibility with surrounding properties; and
(6) Whether the proposal is routine and uncontested.
(C) The Planning Commission may require additional information, data or studies to be provided by the applicant for the subdivision before any determination is made as to the acceptability of the proposed subdivision.
(D) The Planning Commission may, after review of the plan and comment from other departments and agencies, direct the applicant to follow the standard procedures required for subdivision, as described in this subchapter.
(E) The applicant may appeal any decision of the Planning Commission to the County Commission within 14 days of the notice of decision. The appeal must be submitted in writing to the county’s Planning and Development Services Department. The County Commission shall then, during a public meeting, review the record of the decision and determine if the Planning Commission’s decision was in accordance with this chapter. If the Planning Commission’s decision is found to not be in accordance with this chapter, the application shall be remanded, with comment regarding the County Commission’s action, to the Planning Commission for additional review.
(F) The Zoning Administrator shall provide notification of any final decision regarding a small subdivision to the Planning Commission and the County Commission.
(Prior Code, § 8-12-57) (Ord. 15-06, passed 6-21-2015; Ord. 19-09, passed 10-15-2019)
§ 155.441 RECORDATION OF THE SMALL SUBDIVISION.
Once an approval of a small subdivision has been granted, the applicant shall submit to the county’s Planning and Development Services Department the final Mylar, construction drawings, AutoCAD (DWG) files, improvements guarantee, title report and all other final submittal requirements which comply with the requirements of this subchapter. The final plat shall contain all appropriate signature blocks, as noted in this subchapter, except the County Commission signature block, which is to be omitted. All final submittals shall also be reviewed and approved by the County Engineer and County Surveyor, as outlined in §§ 155.416 and 155.417 of this code, and County Attorney, as outlined in § 155.421 of this code. All requirements found in this chapter for subdivision plat recording apply to small subdivisions.
(Prior Code, § 8-12-58) (Ord. 15-06, passed 6-21-2015; Ord. 19-09, passed 10-15-2019)
§ 155.442 EXPIRATION OF SMALL SUBDIVISION APPROVAL.
Once written approval of the small subdivision has been granted, the subdivider shall have two years to record the subdivision. If recordation has not taken place within the specified time limitation, the approval shall become null and void. This time period may be extended by the Zoning Administrator for up to an additional one-year period for good cause shown. The subdivider must petition in writing for this extension prior to the expiration of the original two-year period.
(Prior Code, § 8-12-59) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 23-07, passed 3-21-2023)
§ 155.443 AMENDMENTS TO RECORDED SUBDIVISION PLATS.
(A) Any fee owner of property, as shown on the last county assessment roll, in a subdivision that ]has been laid out and platted may file a written petition to the county requesting to vacate or amend the subdivision plat. The petition shall include:
(1) The name and address of all owners of record of the land contained in the entire subdivision plat, or that portion of the plat described in the petition;
(2) The name and address of all owners of record of land adjacent to, accessed by or within 300 feet of the public street, right-of-way or easement that is proposed to be vacated, altered or amended;
(3) The signature of each of the owners identified in divisions (A)(1) and (A)(2) above who consents to the petition; and
(4) The appropriate fee(s) as set forth in the county’s fee schedule.
(B)
The county, on its own initiative, may consider the vacation or amendment of a subdivision plat. The procedure for such consideration shall be as set out in this subchapter. Subdivisions that are part of development agreements, PRUDs, or PC-Zoning District overlays shall be required to following the amendment conditions found in section 155.464.
(Prior Code, § 8-12-60) (Ord. 10-16, passed 12-14-2010; Ord. 17-14, passed 2-7-2017; Ord. 19-09, passed 10-15-2019; Ord. 24-11, passed 4-16-2024)
Penalty, see § 155.999
§ 155.444 PROCEDURE.
(A)
For plat amendments that result in adjusting and/or altering lot lines through an exchange of title within a platted subdivision the Zoning Administrator shall be the land use authority:
(1) The Zoning Administrator shall approve an exchange of title as a lot line adjustment under this division (A) if the exchange of title will not result in a violation of any land use ordinance;
(2) If a lot line adjustment is approved under this division (A),
(a) A notice of lot line adjustment approval shall be recorded in the office of the County Recorder which:
1. Is approved by the land use authority; and
2. Recites the legal descriptions of both the properties and the properties resulting from the exchange of title.
(3) A document of conveyance of title reflecting the approved change shall be recorded in the office of the County Recorder.
(4) A notice of approval recorded under this division (A) does not act as a conveyance of title to real property and is not required to record a document conveying title to real property.
(B) For plat amendments that result in the combination of lots, building pad adjustments, subdivision title changes, plat note revisions, amendments to internal lot restrictions, the alteration, amendment or vacation of a public or private road shown on a subdivision plat and all other modifications to lots within a recorded subdivision plat shall be reviewed by the County Commission with a recommendation from the Planning Commission.
(C) Applications to vacate or amend a subdivision plat shall be required to submit those documents required for review in a complete preliminary plat application which pertain to and describe the proposed amendment, as well as a paper copy of the proposed final plat Mylar. Revised construction drawings shall also be submitted when changes to any required subdivision improvements are proposed.
(D) Upon receipt of a petition or a proposal to vacate or amend a subdivision plat which requires action by the County Commission, the matter shall be referred to the Planning Commission for a recommendation on the proposal.
(E) The land use authority shall hold a public hearing within 45 days after the day on which the petition is filed if:
(1) Any owner within the plat notifies the county of the owner’s objection in writing within ten days of mailed notification; or
(2) A public hearing is required because all the owners in the subdivision have not signed the revised plat.
(F) The land use authority may consider at a public meeting, without a public hearing, an owner’s petition to vacate or amend a subdivision plat if:
(1) The petition seeks to join two or more of the petitioning fee owner’s contiguous lots;
(2) Subdivide one or more of the petitioner’s fee owner’s lots if the subdivision will not result in a violation of a land use ordinance or a development condition;
(3) Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join the petition, regardless of whether the lots and parcels are in the same subdivision;
(4) On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the county;
(5) Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the petitioner or designated as common area; and
(Prior Code, § 8-12-61) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 24-16, passed 7-16-2024)
§ 155.445 NOTICE.
(B) The petitioner for any proposed plat amendment shall pay the costs for any notices required by this subchapter.
(Prior Code, § 8-12-62) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.446 GROUNDS FOR VACATING OR CHANGING A PLAT.
(A) The land use authority may approve the vacation, alteration or amendment of a plat by signing an amended plat showing the vacation, alteration or amendment if the land use authority finds that:
(1) There is good cause for the vacation, alteration or amendment; and
(2) No public street, right-of-way or easement has been vacated or altered.
(B) The land use authority shall ensure that the amended plat showing the vacation, alteration or amendment is recorded in the office of the County Recorder.
(C) If an entire subdivision is vacated, the County Commission shall ensure that a resolution containing a legal description of the entire vacated subdivision is recorded in the County Recorder’s office.
(D) The County Commission may adopt an ordinance granting a petition to vacate some or all of a public street, right-of-way or easement if the legislative body finds that:
(1) Good cause exists for the vacation; and
(2) Neither the public interest nor any person will be materially injured by the vacation.
(E) If the County Commission adopts an ordinance vacating some or all of a public street, right-of-way or easement, the County Commission shall ensure that a plat reflecting the vacation and/or an ordinance describing the vacations is recorded in the office of the County Recorder.
(F) The action of the legislative body vacating some or all of a street, right-of-way or easement that has been dedicated to public use:
(1) Operates to the extent to which it is vacated, upon the effective date of the recorded plat, as a revocation of the acceptance of and the relinquishment of the county’s fee in the vacated street, right-of-way or easement; and
(2) May not be construed to impair:
(a) Any right-of-way or easement of any lot owner; or
(b) The franchise rights of any public utility.
(Prior Code, § 8-12-63) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.447 AMENDED PLAT REQUIREMENTS.
(A) Prior to the County Commission’s approval of a petition or proposal to amend a subdivision plat, the petitioner or sponsor shall deliver to the county an amended plat map and complete supporting preliminary plat and final plat information in compliance with the requirements of this subchapter. The applicant shall also pay all fees required by the county’s fee schedule.
(B) Upon approval of the plat amendment, all required documents, submissions, signatures and review procedures which are required for a final plat shall be submitted and followed, prior to recordation in the office of the County Recorder.
(C) The County Commission may vacate a subdivision or a portion of a subdivision by recording in the County Recorder’s office an ordinance describing the subdivision or the portion being vacated.
(Prior Code, § 8-12-64) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.448 LOT LINE AND PARCEL BOUNDARY ADJUSTMENTS.
(A) To make a parcel line adjustment, a property owner shall:
(1) Execute a boundary adjustment through:
(a) A quitclaim deed; or
(b) A boundary line agreement under UCA § 17-27a-523.
(2) Record the quitclaim deed or boundary line agreement described in division (A)(1)(a) above in the office of the County Recorder of the county in which each property is located.
(B) To make a lot line adjustment, a property owner shall:
(1) Obtain approval of the boundary adjustment under UCA § 17-27a-608;
(2) Execute a boundary adjustment through:
(a) A quitclaim deed; or
(b) A boundary line agreement under UCA § 17-27a-523.
(3) Record the quitclaim deed or boundary line agreement described in the state statutes in the office of the County Recorder of the county in which each property is located.
(C) A parcel boundary adjustment under the state statutes is not subject to review of a land use authority unless:
(1) The parcel includes a dwelling; and
(2) The land use authority’s approval is required under UCA § 17-27a-523(5).
(D) The recording of a boundary line agreement or other document used to adjust a mutual boundary line that is not subject to review of a land use authority:
(1) Does not constitute a land use approval; and
(2) Does not affect the validity of the boundary line agreement or other document used to adjust a mutual boundary line.
(E) The county may withhold approval of a land use application for property that is subject to a recorded boundary line agreement or other document used to adjust a mutual boundary line if the county determines that the lots or parcels, as adjusted by the boundary line agreement or other document used to adjust the mutual boundary line, are not in compliance with the county’s land use regulations in effect on the day on which the boundary line agreement or other document used to adjust the mutual boundary line is recorded.
(Prior Code, § 8-12-65) (Ord. 17-18, passed 3-21-2017; Ord. 19-09, passed 10-15-2019; Ord. 21-09, passed 7-6-2021)
§ 155.449 MINOR SUBDIVISION.
Pursuant to UCA § 17-27a-605, an owner of at least 100 contiguous acres of agricultural land may make one new minor subdivision parcel by submitting for recording with the County Recorder:
(A) A recordable deed containing the legal description of the minor subdivision lot, along with a record of survey which created the parcel description;
(B) A notice:
(1) Indicating that the owner of the land to be divided is making a minor subdivision, which refers specifically to the authority to do so as granted by UCA § 17-27a-605; and
(2) Containing the legal description of:
(a) The land to be divided; and
(b) The minor subdivision lot.
(C) Standards for minor subdivision lot approval:
(1) The minor subdivision lot may not be less than one acre in size;
(2) The minor subdivision lot may not be within 1,000 feet of another minor subdivision lot;
(3) The minor subdivision lot is not subject to the subdivision ordinance of the county in which the minor subdivision lot is located; and
(4) Land to be divided by a minor subdivision may not include divided land. Divided land is described as the land to be divided in a notice under division (B) above or land that has been previously divided as a minor subdivision.
(D) The county:
(1) May not deny a building permit to an owner of a minor subdivision lot based on:
(a) The lot’s status as a minor subdivision lot; or
(b) The absence of standards described in division (E) below.
(2) May, in connection with the issuance of a building permit, subject a minor subdivision lot to reasonable health, safety and access standards that the county has established and made public.
(E) Prior to the issuance of a building permit on a minor subdivision lot, the following information shall be provided to the county, in addition to any submittal requirements of the county’s Building Official and Fire Code Official:
(1) A site plan showing the location of the proposed building in relation to parcel boundaries prepared by a surveyor licensed in the state, to ensure that the building meets all setback standards of the zone in which the minor subdivision lot resides, pursuant to this code;
(2) Proof of purchase of a culinary water right, including copies of the actual certificate and right and verification of wet water that will provide culinary and fire suppression requirements, pursuant to the health and safety requirements for water supply found in this subchapter;
(3) Evidence of legal access to the property that complies with this code’s safety standards for streets and driveways in subdivisions and the provisions of the Wildland Urban Interface Code;
(4) Written verification from the Fire Code Official that the proposed building site complies with the provisions for adequate fire suppression and access in this subchapter, the adopted Fire Code and Wildland Urban Interface Code, including automatic fire extinguishing sprinkler system design approval; and
(5) Evidence of wastewater permit, water source protection area and final well approval from the Weber/Morgan Health Department for the new minor subdivision lot.
(F) The Zoning Administrator is the land use authority for minor subdivisions and shall verify any conditions of approval of the subdivision and building permit in writing prior to the recording of the minor subdivision lot and the issuance of a building permit.
(Prior Code, § 8-12-66) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.450 CONDOMINIUM PROJECTS.
Whenever a subdivision is proposed that would meet the definition of a “condominium project,” as defined herein and UCA § 57-8-3, as amended, such subdivision shall meet the procedural requirements of this chapter for concept plan, preliminary and final subdivision plat applications and the requirements of the Condominium Ownership Act, UCA §§ 57-8-1 et seq., as amended.
(Prior Code, § 8-12-67) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)
§ 155.451 SB 174 TEMPORARY LAND USE.
(A) Single-family, two-family and townhome subdivisions. This section is a temporary land use regulation applicable to subdivisions for single-family dwellings, two-family dwelling, or townhomes. This section shall be applicable for a period of 180 days after its effective date and does not apply to land use regulations adopted, approved, or agreed upon by the County Commission exercising land use authority in the review of land use applications for zoning or other land use regulation approvals. The review cycle restrictions and requirements of this section do not apply to review of subdivision applications affecting property within identified sensitive areas as defined in § 155.008 and otherwise described in Chapter 155 of the county code. To the extent that other provisions of the county code are inconsistent with the provisions of this Chapter 155, the requirements pertaining to the review cycles set forth in this Chapter 155 shall apply.
(C) Designation of an administrative authority.
(1) Morgan County hereby designates the Planning Commission to review and approve preliminary subdivision applications.
(2) Morgan County hereby designates the Planning Director to review and approve final subdivision applications.
(D) Pre-application process.
(1) If an applicant requests a pre-application meeting, the Planning Director shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.
(2) At a pre-application meeting, the staff shall provide or make publicly available the following:
(a) Copies of applicable land use regulations;
(b) A complete list of standards required for the project;
(c) Preliminary and final application checklists; and
(d) Feedback on the concept plan.
(E) Preliminary application process.
(1) The application for preliminary subdivision applications and materials can be found on the Morgan County website and at the Morgan County Planning and Development office. The application shall include:
(a) An owner's affidavit;
(b) An electronic copy of all plans in PDF format;
(c) The preliminary subdivision plat drawings; and
(d) A breakdown of fees due upon application.
(2) The administrative authority may complete a preliminary subdivision application review in a public meeting or at a county staff level. If the administrative authority holds a public meeting for a preliminary subdivision application under this section, the administrative authority may receive public comment and may hold no more than one public hearing.
(3) No later than 15 business days after the day on which an applicant submits a complete application, the county shall complete a review of the applicant's preliminary subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes, including subdivision improvement plans.
(4) In reviewing the preliminary subdivision land use application, the county may require:
(a) Additional information relating to an applicant's plans to ensure compliance with county ordinances and approved standards and specifications for construction of public improvements; and
(b) Modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
(5) The county's request for additional information or modifications to plans shall be specific and include citations to all county ordinances, standards or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(F) Final application process.
(1) The application for final subdivision applications and materials can be found on the Morgan County website and at the Morgan County Planning and Development office.
(2) No later than 20 business days after the day on which an applicant submits a complete application, the county shall complete a review of the applicant's final subdivision land use application for a residential subdivision for single-family dwelling, two-family dwellings, or townhomes including all subdivision plan reviews.
(3) In reviewing the final subdivision land use application, the county may require:
(a) Additional information relating to an applicant's plans to ensure compliance with county ordinances and approved standards and specifications for construction of public improvements; and
(b) Modifications to plans that do not meet current ordinances, applicable standards, or specifications, or do not contain complete information.
(4) The county's request for additional information or modifications to plans shall be specific and include citations to all county ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(G) Review cycle process for preliminary and final applications.
(1) A "review cycle" of a preliminary or a final application shall consist of the applicant's submission of a complete subdivision land use application, the county's review of that subdivision land use application, the county's response to that subdivision land use application, and the applicant's reply to the county's response that addresses each of the county's required modifications or requests for additional information.
(2) A review cycle shall be completed within 20 business days after the day on which an applicant submits a complete subdivision land use application. If an applicant does not submit a revised plan within 20 business days after the county requires a modification or requests additional information then the county shall have an additional 20 business days to respond to the plans.
(3) There shall be no more than a total of four review cycles for any applicant whether such review cycles occur in the preliminary application or final application process.
(4) Except for a modification or correction necessary to protect public health and safety or to enforce state or federal law, which may not be waived, unless the change or correction is necessitated by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in the county's plan review is waived.
(5) If an applicant makes a material change to a plan set, the county has the discretion to start the review process at the first review of the final application, but only with respect to the portion of the plan set that the material change substantially effects.
(6) After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the county's previous review cycle, the county may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.
(7) In addition to revised plans, an applicant shall provide a written explanation in response to the county's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.
(8) If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle by the county shall not commence until all comments are addressed.
(H) Appeals after final review cycle.
(1) If on the fourth or final review, the county fails to respond within 20 business days, the county shall, upon request of the property owner, and within ten business days after the day on which the request is received:
(a) For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with UCA § 17-27a-507(5)(d) to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the county, the panel shall consist of the following three experts:
1. One licensed engineer, designated by the county;
2. One licensed engineer, designated by the land use applicant; and
3. One licensed engineer agreed upon and designated by the two designated engineers as appointed in divisions 1. and 2. above.
a. A member of the panel assembled by the county under division (a) may not have an interest in the application that is the subject of the appeal.
b. The land use applicant shall pay: (i) 50% of the cost of the panel; and (ii) the county's published appeal fee.
(b) For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.
(I) Approval of the final subdivision application. Approval of a final subdivision application shall not require Planning Commission or County Commission approval. If a final subdivision application complies with the requirements of this section and applicable county ordinances, the county shall approve the final subdivision application.
(Ord. 24-01, passed1-16-2024)