Myton City Zoning Code
SUBDIVISIONS
§ 153.270 LEGISLATIVE DECLARATION; SUBDIVISION DEFINED.
(A) The City Council finds and determines that there are no existing subdivisions within the city, and none have been proposed since the city’s incorporation in 1912. As demonstrated in the general plan accompanying maps, the city has been laid out in various size lots, including 25, 50, 100 feet wide and the like, by 150 feet long lots. In order to promote the public health, safety and welfare of the city, any future subdivision proposals shall be treated as a planned unit development for the purpose of this chapter.
(B) As used in this chapter, unless the context otherwise requires, subdivision is defined in UCA §§ 10-9a-103 et seq., as amended.
(Prior Code, § 10-15-1) (Ord. passed 8-10-2006)
§ 153.271 SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS.
A planned unit development is an overlay of the existing zone district that adds to and modifies the existing zoning map. Planned unit developments (PUDs) are intended to allow more creativity in the development of land. PUD zoning and subdivision elements are unified in a PUD development plan. The review process for a PUD development plan entails the concurrent review of subdivision preliminary and final plans and, to that extent, the review process addresses both zoning and subdivision aspects simultaneously.
(Prior Code, § 10-15-2) (Ord. passed 8-10-2006)
§ 153.272 INTENT.
(A) Specified. Planned unit developments are intended to promote the most beneficial and creative development of land areas in the city. Planned unit developments allow more imaginative design for development than would be generally possible under conventional zoning or subdivision regulations. These regulations are also intended to promote safe vehicular circulation and creative residential and commercial development consistent with the general plan.
(B) Review and approval required. A PUD may be permitted in any zoning district in the city, subject to review of the Planning Commission and City Council, and approval of the Mayor.
(Prior Code, § 10-15-3) (Ord. passed 8-10-2006)
§ 153.273 FEES AND CHARGES.
The City Council shall establish all necessary fees and charges payable for PUD applications, public notices, planning and/or engineering review, and inspection services of this chapter by resolution. Such fees and charges may be amended from time to time, as considered necessary, by resolution of the City Council.
(Prior Code, § 10-15-4) (Ord. passed 8-10-2006)
§ 153.274 REVIEW PROCESS.
PUDs shall be reviewed by the city staff, Planning Commission and City Council pursuant to the provisions of this section. PUD approval or conditional approval is granted only in conjunction with approval or conditional approval of subdivision preliminary plans and final plats.
(A) Concept plan application requirements.
(1) Application. An application is required for a concept plan review to be scheduled, but no fee is required. The concept plan is a discussion document only, designed to allow the identification of application procedures, requirements and standards, and other items that may be considered in the PUD approval process once a complete application is received by the city.
(2) Contents. An application for a concept plan must be completed and submitted to the city, and:
(a) Provide a minimum of ten copies in an 11 inch by 17 inch size of the concept plan with the application;
(c) Provide conceptual layout of streets as established in the general plan and transportation circulation map.
(3) Incomplete application. The lack of any information required for a concept plan, as required by this section, shall be cause for the city to find the concept plan application incomplete.
(4) Application not binding. A concept plan application shall not constitute an application for PUD approval and is no way binding on the city or the applicant.
(B) Preliminary development plan and PUD rezoning. PUD preliminary development plans are reviewed by the Planning Commission and City Council pursuant to the provisions for the review of PUD preliminary plans and rezoning, as specified in this section. All preliminary development plan applications, filed with the city, are required to provide the following application information:
(1) Completed and signed plan. A preliminary development plan application, provided by the city, shall be completed and signed by the owners as identified on the property assessment rolls of Duchesne County, or authorized agent of the owners. The preliminary development plan application fee, as established by a resolution of the City Council shall be paid by the applicant;
(2) Preliminary plat. A preliminary plat, prepared by a licensed land surveyor, or engineer, shall be provided. The preliminary plat shall be prepared in ten copies in an 11 inch by 17 inch size. The preliminary plat shall show the following:
(a) A layout plan of the proposed PUD, at a scale of no more than one inch equals 100 feet;
(b) The proposed name of the PUD and the section, township, range, principal meridian, city and county of its location shall be located at the top and center of the preliminary plat;
(c) Name and address of owner of record and the name and address of the licensed surveyor responsible for preparing the preliminary plat, along with date of preparation, shall be placed in a title block in the lower right hand corner of the plat;
(d) North arrow, graphic and written scale, and basis of bearing used;
(e) All proposed lots, rights-of-way and easements created by the proposed PUD and their bearings, lengths, widths, name, number or purpose;
(f) A vicinity map of the site at a minimum scale of one inch equals 1,000 feet;
(g) Surveyed boundary of the proposed PUD, accurate in scale, dimension and bearing, and giving the location of and ties to the nearest survey monument. The location of the property with respect to surrounding property and roads, and the name of all adjoining property owners of record;
(h) The legal description of the entire PUD site boundary;
(i) The layout of existing and proposed overhead and underground utilities, such as power, gas, cable, telephone and other public utilities;
(j) All existing and proposed roadway locations and dimensions, with cross sections of all new roads, proposed to be dedicated to the city, and the proposed radius of all centerline curves;
(k) The location and size of existing and proposed culinary water and sewer lines, and the location of all secondary water locations;
(l) Proposed land drainage systems;
(m) A title report for the property proposed for the PUD, provided by a title company within 30 days of the date of the preliminary development plan; and
(n) A tax clearance from the Duchesne County Treasurer indicating that all taxes, interest and penalties for the property have been paid.
(3) Incomplete application. The lack of any information required for a preliminary development plan application, as required in this section, shall be cause for the city to find the application incomplete;
(4) Public hearing and consideration by Planning Commission. Following a determination of a complete preliminary development plan application by the city, the application shall be scheduled for a public hearing and consideration by the Planning Commission. The Planning Commission shall conduct the public hearing and consider the application at a regular Planning Commission meeting, with notice of the meeting being provided consistent with § 153.004; and
(5) Scope of recommendation. For all proposed PUDs, the recommendation of a preliminary development plan shall not constitute final approval, but permits the applicant to proceed to the next step in the application review and approval process.
(C) Final development plan.
(1) Information required. PUD final development plans are reviewed by the Planning Commission and the City Council in conjunction with the review of the final plat associated with the PUD. All final development plan applications, filed with the city, are required to provide the following application information:
(a) A final development plan application, provided by the city, completed and signed by the owners as identified on the property assessment rolls of Duchesne County, or authorized agent of the owners, of the lands to be developed. The final development plan application shall be accompanied by the final development application fee;
(b) A final plat, prepared by a licensed land surveyor, conforming to current surveying practice and in a form acceptable to the Duchesne County Recorder for recordation. The final plat shall be prepared in permanent ink, and all streets shall be numbered using the city address grid. All required certificates shall appear on a single sheet (along with the index and vicinity map). The final plat shall be drawn on reproducible Mylar. A minimum of one 24 inch by 36 inch size Mylar, ten 11 inch by 17 inch size paper copies, and a digital copy in a format acceptable to the County Surveyor shall be presented to the city, as a requirement of the final plat application. The final development plan plat shall contain the same information as required by this section under the preliminary development plan plat, and shall include any revisions or additions, as required by the Planning Commission and/or City Council, as part of the preliminary development plan approval;
(c) Endorsement on the final plat by every person having a security interest in the subdivision property subordinating their liens to all covenants, servitudes and easements imposed on the property;
(d) The location of all monuments erected, corners and other points established in the field. The material of which the monuments, corners or other points are made shall be noted. Bearings shall be shown to the nearest second; lengths to the nearest hundredth of a foot; areas to the nearest hundredth acre;
(e) The owner’s certificate of dedication, including the dedication of any public ways or spaces. This certificate shall be signed, dated and notarized. The owner’s certificate shall include a reference to any covenants that may be declared and blanks where the County Recorder may enter the book and page number of their recording;
(f) A legal description of the PUD boundaries;
(g) Signature blocks prepared for the dated signatures of the Mayor, Planning Commission chair and City Attorney;
(h) If the final development application is filed with the city after 90 days from the date the preliminary development application is approved by the City Council, a title report, no older than 30 days, shall be provided as part of the final development application; and
(i) Final design and construction drawings for all proposed or required public improvements, including the profiles and cross sections of all existing and proposed streets, all flood control facilities, the locations of fire hydrants, required culinary water facilities, sanitary sewer facilities, and all other provided and required facilities and improvements.
(2) Approval authority. The Mayor is identified and authorized as the approval authority for final development applications, assuring compliance with all applicable requirements of this chapter. The Mayor may approve the final development application or deny the final application, accompanied by findings of fact.
(3) Recording. The applicant shall take the final PUD Mylar to the office of the Duchesne County Recorder for recordation. The applicant is required to pay all fees for the recording of all final PUD plans.
(Prior Code, § 10-15-5) (Ord. passed 8-10-2006)
§ 153.275 EFFECT OF DESIGNATION.
(A) Specified. Approval of a final PUD shall have the effect of overlaying the existing zoning and thereby adding to and modifying the existing zoning map. If there is a conflict between the provisions of the existing zoning description and the PUD, the regulation of the underlying zone shall apply unless specifically addressed in the provisions of the approved PUD.
(B) Zoning map. When a PUD is approved by the Mayor, the zoning designation for that lot, tract or parcel on the official zoning map shall include the suffix “PUD”. An approved site for a PUD that is zoned R-15 would have the designation “R-15-PUD”.
(Prior Code, § 10-15-6) (Ord. passed 8-10-2006)
§ 153.276 AMENDED PLATS.
Amended plats do not create additional lots or interest in property but are subdivision actions to the extent that lot lines may be adjusted or relocated by the amended plat process or more than one lot combined for building purposes. Amended plats are also used to correct errors of a subdivision plat. Amended plats process shall follow the final plat process as described in § 153.274.
(Prior Code, § 10-15-7) (Ord. passed 8-10-2006)
§ 153.999 PENALTY.
Any person who violates any provision of this chapter shall be subject to a class C misdemeanor and such fines and imprisonment that may be applicable pursuant to § 10.99 of this code of ordinances. Each day a violation occurs shall be considered a separate violation.
(Prior Code, § 10-12-8) (Ord. passed 8-10-2006; Ord. 020912-02, passed 2-9-2012)