It is declared to be the policy of the City to consider the subdivision of land and the subsequent development of the platted subdivision as subject to the control of the City pursuant to the official General Plan and ordinances of the city for the orderly, planned, efficient and economical development of the city.
Land to be laid out and platted shall be of such character that it can be developed safely for building purposes after an analysis of any sensitive land issues and features that may represent potential hazards/constraints or features to avoid in a design process. Land shall not be laid out and platted until available public facilities and improvements exist and proper provision has been made, where required, for drainage, culinary water, irrigation water, sewerage, and capital improvements such as schools, parks, recreation facilities, electrical and natural gas distribution facilities, transportation facilities and improvements.
It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, Public Works Standards, zoning ordinances, and capital facilities plan and program of the city.
In addition, these regulations are adopted for the following purposes:
To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of population;
To protect the character, social and economic stability and to encourage the orderly and beneficial development of all parts of the city;
To protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, having particular regard to the avoidance of congestion on the streets and highways, encouraging complete streets, the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;
To establish reasonable standards of design and procedures for subdivisions and re-subdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monuments;
To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision;
To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the city in order to preserve the integrity, stability and beauty of the community and the value of the land; and
To preserve the natural beauty and topography of the city and to ensure appropriate development with regard to these natural features;
To increase the supply of housing which may provide for more diverse housing types, stability in pricing, and affordability of the housing stock.
11-23-2: JURISDICTION - SUBDIVISION REQUIRED
These subdivision regulations shall apply to all "subdivisions" of land, as defined in CCNO 11-7, located within the corporate limits of the city.
No person shall lay out and plat any tract of land located wholly or partially within the city except in compliance with this title.
No land shall be laid out and platted within the corporate limits of the city until, the subdivision has been processed by North Ogden City.
No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date hereof, and not in conformity with the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this Title.
11-23-3: INTERPRETATION, CONFLICT AND SEPARABILITY
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Interpretations are the responsibility of the Planning Director.
Conflict with Public and Private Provisions.
Public Provisions. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
Private Provisions. These regulations are not intended to abrogate any easement, covenant, condition, restriction, or any other private provisions; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, condition, restriction or private agreement, or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. Nothing contained therein shall empower or require or obligate the city to enforce such private agreements or restrictions. Private agreements or restrictions that contradict or conflict with the City Ordinances are not considered lawful, and do not supersede the City’s authority.
11-23-4: SAVING PROVISION SEPARABILITY
These regulations shall not be construed as abating any action now pending under, or by virtue of prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any section of provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the city except as shall be expressly provided for in these regulations.
11-23-5: RESERVATIONS AND APPEALS
Upon the adoption of this Title according to law, the subdivision ordinance of the City adopted July 13, 1953, as amended, is repealed, except as to such sections expressly retained herein.
11-23-6: ENFORCEMENT INSPECTION
Inspection. Appropriate departments of the city shall inspect or cause to be inspected all buildings, streets, concrete work, fire hydrants, and water supply, storm drainage, and sewage disposal systems in the course of construction, installation or repair. Excavation for fire hydrants and water and sewer mains and laterals shall not be covered or backfilled until such installation shall have been approved by the city. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the City Engineer. All other required utilities placed underground or overhead shall meet all city Public Works Standards as required by franchise agreements. Funds held in bond or escrow accounts will not be released for any work which has not been inspected by the appropriate city department.
11-23-7: VARIANCES
All variance applications under this Title shall be processed in accordance with Utah Code § 10-9a-702 or its successors. Application and hearing procedures shall be per CCNO 11-6-7.
North Ogden City Zoning Code
11-23
SUBDIVISION REGULATIONS
11-23-1: PURPOSE AND INTENT
It is declared to be the policy of the City to consider the subdivision of land and the subsequent development of the platted subdivision as subject to the control of the City pursuant to the official General Plan and ordinances of the city for the orderly, planned, efficient and economical development of the city.
Land to be laid out and platted shall be of such character that it can be developed safely for building purposes after an analysis of any sensitive land issues and features that may represent potential hazards/constraints or features to avoid in a design process. Land shall not be laid out and platted until available public facilities and improvements exist and proper provision has been made, where required, for drainage, culinary water, irrigation water, sewerage, and capital improvements such as schools, parks, recreation facilities, electrical and natural gas distribution facilities, transportation facilities and improvements.
It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, Public Works Standards, zoning ordinances, and capital facilities plan and program of the city.
In addition, these regulations are adopted for the following purposes:
To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of population;
To protect the character, social and economic stability and to encourage the orderly and beneficial development of all parts of the city;
To protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, having particular regard to the avoidance of congestion on the streets and highways, encouraging complete streets, the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;
To establish reasonable standards of design and procedures for subdivisions and re-subdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monuments;
To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision;
To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the city in order to preserve the integrity, stability and beauty of the community and the value of the land; and
To preserve the natural beauty and topography of the city and to ensure appropriate development with regard to these natural features;
To increase the supply of housing which may provide for more diverse housing types, stability in pricing, and affordability of the housing stock.
11-23-2: JURISDICTION - SUBDIVISION REQUIRED
These subdivision regulations shall apply to all "subdivisions" of land, as defined in CCNO 11-7, located within the corporate limits of the city.
No person shall lay out and plat any tract of land located wholly or partially within the city except in compliance with this title.
No land shall be laid out and platted within the corporate limits of the city until, the subdivision has been processed by North Ogden City.
No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date hereof, and not in conformity with the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this Title.
11-23-3: INTERPRETATION, CONFLICT AND SEPARABILITY
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Interpretations are the responsibility of the Planning Director.
Conflict with Public and Private Provisions.
Public Provisions. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
Private Provisions. These regulations are not intended to abrogate any easement, covenant, condition, restriction, or any other private provisions; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, condition, restriction or private agreement, or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. Nothing contained therein shall empower or require or obligate the city to enforce such private agreements or restrictions. Private agreements or restrictions that contradict or conflict with the City Ordinances are not considered lawful, and do not supersede the City’s authority.
11-23-4: SAVING PROVISION SEPARABILITY
These regulations shall not be construed as abating any action now pending under, or by virtue of prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any section of provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the city except as shall be expressly provided for in these regulations.
11-23-5: RESERVATIONS AND APPEALS
Upon the adoption of this Title according to law, the subdivision ordinance of the City adopted July 13, 1953, as amended, is repealed, except as to such sections expressly retained herein.
11-23-6: ENFORCEMENT INSPECTION
Inspection. Appropriate departments of the city shall inspect or cause to be inspected all buildings, streets, concrete work, fire hydrants, and water supply, storm drainage, and sewage disposal systems in the course of construction, installation or repair. Excavation for fire hydrants and water and sewer mains and laterals shall not be covered or backfilled until such installation shall have been approved by the city. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the City Engineer. All other required utilities placed underground or overhead shall meet all city Public Works Standards as required by franchise agreements. Funds held in bond or escrow accounts will not be released for any work which has not been inspected by the appropriate city department.
11-23-7: VARIANCES
All variance applications under this Title shall be processed in accordance with Utah Code § 10-9a-702 or its successors. Application and hearing procedures shall be per CCNO 11-6-7.