These Subdivision regulations shall apply to all Subdivisions or Re-subdivisions of land, and to Simple Boundary Adjustments, as defined herein, located within the corporate limits of Park City.

Whenever any Subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a Structure in such proposed Subdivision shall be granted, the subdividing Owner, or his authorized Agent, shall apply for and secure approval of such proposed Subdivision in accordance with the following procedure.

No land shall be subdivided within the corporate limits of Park City, except those Subdivisions subject to Chapter 15-7.5, until:

1. The Owner, Applicant and/or Developer or their Agent submit an Application for Subdivision to the Planning Commission through the Park City Planning Department;
   
2. The Planning Commission holds a public hearing and approves the application; and
   
3. The approved Plat is filed with the County Recorder.

1. SUBDIVISION. At its discretion, the Planning Commission may waive one or more of the steps in the approval process by allowing the Applicant and/or Developer to combine the requirements of the Preliminary Plat and final Subdivision Plat into a single submittal. 
   
   1. MINOR SUBDIVISION. A Subdivision containing not more than three (3) Lots fronting on an existing Street, not involving any new Street or road, or the extension of municipal facilities, or the creation of public improvements.
      
      1. Final Plat. A Final Plat shall be approved in accordance with these regulations.
         
   2. MAJOR SUBDIVISION. A Subdivision of land into four (4) or more Lots, or any size Subdivision requiring any new Street.
      
      1. Preliminary Plat. A Preliminary Plat may be approved in accordance with these regulations.
         
      2. Final Plat. A Final Plat shall be approved in accordance with these regulations.
         
2. PLAT AMENDMENT. The combining of existing subdivided Lots into one or more Lots, any recombination of historically platted Properties located within either the Park City/Millsite or Snyder’s Addition surveys, Full Boundary Adjustments, or the amendment of plat notes or other platted elements including but not limited to easements, limits of disturbance boundaries or areas, building pads, and house size limitations. Plat Amendments shall be reviewed according to the requirements of Section 15-7.1-6 Final Subdivision Plat and approval shall require a finding of Good Cause and a finding that no Public Street, Right-of-Way, or easement has been vacated or amended.
   
   1. FINAL PLAT. A Final Plat shall be approved in accordance with these regulations.
      
3. CONDOMINIUM.
   
   1. FINAL PLAT. A Final Plat shall be approved in accordance with these regulations.
      
4. SIMPLE BOUNDARY ADJUSTMENTS. The relocation of the Property boundary line between two adjoining Lots.
   
   1. FINAL PLAT. A Final Plat shall be approved in accordance with these regulations.

1. OFFICIAL SUBMISSION DATES. At its discretion, the Planning Commission may waive one or more of the steps in the approval process by allowing the Applicant and Developer to combine the requirements of both preliminary and final Subdivision Plats into a single submittal. For the purpose of these regulations, for both major and minor Subdivisions, the date of the regular meetings of the Planning Commission at which the public hearings on final approval of the Subdivision Plat, including any adjourned date thereof, is closed, shall constitute the official submittal date of the plat at which the statutory period required for formal approval or disapproval of the plat shall commence to run.
   
2. PHASING PLAN REQUIRED. All residential Subdivisions with more than twenty (20) Lots or Condominiums shall include a phasing plan, which specifies the timing of public improvements and residential construction. 
   
   1. PHASING PLAN REQUIREMENTS. A phasing plan shall include:
      
      1. The number of units or Parcels to be developed in each phase and the timing of each phase.
         
      2. The timing of construction of public improvements and Subdivision amenities to serve each phase.
         
      3. The relationship between the public improvements in the current Subdivision and contiguous land previously subdivided and yet to be subdivided.
         
   2. MASTER PLANNED DEVELOPMENT. If the Subdivision is in an Area covered by an approved Master Planned Development, which has a phasing plan, the phasing plan for the Subdivision shall be consistent with the phasing plan for the Master Planned Development.
      
   3. REVISIONS. An Applicant may request a revision of the phasing plan, which may be necessary due to such conditions as changing market conditions, inclement weather or other factors.
      
3. COORDINATION OF MULTIPLE APPLICATIONS. It is the intent of these regulations that Subdivision review be carried out simultaneously with the review of Master Planned Developments. Required Applications shall be submitted in a form to satisfy both the requirements of the Subdivision regulations and Master Planned Development provisions of the Land Management Code. Any project falling within the Sensitive Lands Area Overlay Zone may be subject to additional requirements and regulations as outlined in the Sensitive Area Overlay Zone Regulations.

1. PREAPPLICATION REQUIREMENTS. Before preparing the Preliminary Plat for a Subdivision, the Applicant should arrange for a pre-Application conference with the Planning Department to discuss the procedure for approval of a Subdivision Plat and the requirements as to general layout of Streets and for reservations of land, Street improvements, drainage, sewerage, fire protection, mitigation of environmental impacts as determined, and similar matters, as well as the availability of existing services. The Planning Department shall also advise the Applicant, where appropriate, to discuss the proposed Subdivision with those agencies who must eventually approve those aspects of the Subdivision coming within their jurisdiction; such as, the Snyderville Basin Water Reclamation District, the Park City Fire Service District, the Park City School District, and the various utility service providers.
   
2. APPLICATION PROCEDURE AND REQUIREMENTS. Prior to subdividing land in a manner, which requires a Preliminary Plat, an Owner of the land or his representative shall file an Application for approval of a Preliminary Plat. The Application shall:
   
   1. Be made on a form available at the office of the Planning Department and determined complete. A complete Application shall include all elements of the Subdivision and shall produce all information required by the Subdivision Application.
      
   2. Include all contiguous holdings of the Owner, unless specifically waived by the Planning Department and Planning Commission, including land in the "same ownership," as defined herein, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present Owner as recorded in the County Recorder's office. The affidavit shall advise as to the legal Owner of the Property, the contract Owner of the Property, the date a contract of sale was executed, and, if any corporations are involved, a copy of the resolution legally empowering the Applicant to make the Application.
      
3. REVIEW OF PRELIMINARY PLAT. The Planning Department staff shall schedule the Preliminary Plat for review by the Development Review Committee, including officials or agencies of the local government, adjoining counties or municipalities, school and special districts, and other official bodies as it deems necessary or as mandated by law, including any review required by metropolitan, regional, or state bodies under applicable state or federal law. 
   
   The Planning Department shall request that all officials and agencies, to whom a request for review has been made, submit their report to the Staff. The Staff will consider all reports submitted by the officials and agencies concerning the Preliminary Plat and shall prepare a staff report for proposed action to the Planning Commission for the next available regular meetings. 
   
   Once an Application is received, the Staff will work diligently to review the Application as quickly as time and workload allows. The scale or complexity of a project or Staff workload may necessitate a longer processing period. In such cases, the Staff will notify the Applicant when an Application is filed as to the projected time frame. 
   
4. PLANNING COMMISSION REVIEW OF PRELIMINARY PLAT. The Planning Commission shall study the Preliminary Plat and the report of the Staff, taking into consideration requirements of Land Management Code, any Master Plan, site plan, or Sensitive Land Analysis approved or pending approval on the subject Property. Particular attention will be given to the arrangement, location and width of Streets, their relation to sewerage disposal, drainage, erosion, topography and natural features of the Property, location of Physical Mine Hazards and geologic hazards, Lot sizes and arrangement, the further Development of adjoining lands as yet un-subdivided, and the requirements of the Official Zoning Map, General Plan, and Streets Master Plan, as adopted by the Planning Commission and City Council. The Planning Commission shall make a finding as to whether there is Good Cause in approving the preliminary plat.
   
5. PUBLIC HEARINGS. The Planning Commission shall hold a public hearing on the Preliminary Plat Application. Such hearings shall be advertised in accordance with the requirements of Section 15-1-12 of the Land Management Code and in the same manner as the subsequent public hearings of the final Subdivision Plat; except, however, that the Planning Commission may, at its sole discretion, combine the required hearings for both preliminary and final Subdivision Plat approval.
   
6. PRELIMINARY APPROVAL. After the Planning Commission has reviewed the Preliminary Plat and the report of the Staff including any municipal recommendations and testimony and exhibits submitted at the public hearing, the Applicant shall be advised of any required changes and/or additions. One copy of the proposed Preliminary Plat shall be returned to the Developer with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the plat. The other copy shall be maintained in the Planning files.
   
7. PUBLIC IMPROVEMENTS. The Planning Commission may require that all public improvements be installed and dedicated prior to the signing of the final Subdivision Plat by the Chairman of the Planning Commission. If the Planning Commission elects not to require that all public improvements be installed and dedicated prior to signing of the final Subdivision Plat by the Chairman of the Planning Commission, the amount of the Guarantee, in compliance with the requirements of the Land Management Code, shall be established by the Planning Commission based upon the recommendation of the City Engineer, which shall be submitted by the Applicant at the time of Application for final Subdivision Plat approval. The Planning Commission shall require the Applicant to indicate on both the Preliminary and Final Plat all roads and public improvements to be dedicated, all special districts for water, fire, and utility improvements which shall be required to be established or extended, all City approved Street names and addresses, and any other special requirements deemed necessary by the Planning Commission in order to conform the Subdivision Plat to the Official Zoning Map and the Master Plans of Park City. 
   
8. EFFECTIVE PERIOD OF PRELIMINARY APPROVAL. The approval of a Preliminary Plat shall be effective for a period of one (1) year at the end of which time final approval on the Subdivision must have been obtained from the Planning Commission, and the Final plat shall be signed and filed with the County Recorder within one (1) year of approval. Any plat not recorded within the period of time set forth herein shall be null and void, and the Developer shall be required to resubmit a new Application and plat for preliminary approval subject to all new review requirements, zoning restrictions and Subdivision regulations.
   
   Applicants may request time extensions of the approval of a Preliminary Plat by submitting a request in writing to the Planning Department prior to expiration of the approval. The Planning Director shall review all requests for time extensions of Preliminary Plat approvals and may consider the request when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the Park City General Plan or the Land Management Code in effect at the time of the extension request. Change in circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the requirements for Preliminary Plat in Section 15-1-12. 
   
   The Commission may hold a public hearing on the time extension for a Preliminary Plat approval. Such hearings shall be noticed in accordance with the requirements of Section 15-1-12 of the Land Management Code. 
   
9. ZONING REGULATIONS. Every plat shall conform to existing zoning regulations and Subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the Land Management Code rendering the plat nonconforming as to bulk or Use, provided the final approval is obtained within the one (1) year period.

1. APPLICATION PROCEDURE AND REQUIREMENTS. Following approval of the Preliminary Plat, if necessary, the Applicant shall file with the Planning Department an Application for approval of a final Subdivision Plat. The Application shall:
   
   1. Be made on forms available at the Planning Department and determined complete. A complete Application shall include all elements of the Subdivision and shall produce all information required by the Subdivision Application.
      
   2. Include all contiguous holdings of the Owner, unless specifically waived by the Planning Department and Planning Commission, including land in the "same ownership," as defined herein, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present Owner as recorded in the County Recorder's office. The affidavit shall advise as to the legal Owner of the Property, the contract Owner of the Property, the date a contract of sale was executed, and, if any corporations are involved, a copy of the resolution legally empowering the Applicant to make the Application.
      
   3. Include the entire Subdivision, or section thereof, which derives access from an existing state, county or local government highway.
      
2. REVIEW OF FINAL SUBDIVISION PLAT. The Planning Department staff shall schedule the Final Plat Application for review by the Development Review Committee, including officials or agencies of the local government, adjoining counties or municipalities, school and special districts, and other official bodies as it deems necessary or as mandated by law, including any review required by metropolitan, regional, or state bodies under applicable state or federal law.
   
   The Planning Department shall request that all officials and agencies, to whom a request for review has been made, submit their report to the Staff. The Staff will consider all the reports submitted by the officials and agencies concerning the Final Subdivision Plat and shall submit a report for proposed action to the Planning Commission.
   
   Once an Application is received, the Staff will work diligently to review the Application, as quickly as time and workload allows. The scale or complexity of a project or Staff workload may necessitate a longer processing period. In such cases the Staff will notify the Applicant when an Application is filed as to the projected time frame. 
   
3. PLANNING COMMISSION REVIEW OF FINAL SUBDIVISION PLAT. The Planning Commission shall review the Final Subdivision Plat and the report of the Staff, taking into consideration requirements of the Land Management Code, the General Plan, and any Master Plan, site plan, or Sensitive Lands Analysis approved or pending on the Property. Particular attention will be given to the arrangement, location and width of Streets and their relation to sewerage disposal, drainage, erosion, topography and natural features of the Property, location of Physical Mine Hazards and Geologic Hazards, Lot sizes and arrangement, the further Development of adjoining lands as yet un-subdivided, requirements of the Preliminary Plat (if a Preliminary Plat was required), and requirements of the Official Zoning Map and Streets Master Plan, as adopted by the Planning Commission and City Council. 
   
   The Planning Commission shall make a finding as to Good Cause prior to taking Final Action.
   
   1. The Planning Commission shall give notice pursuant to Section 15-1-12 and hold a public hearing on the proposed final Subdivision Plat before taking Final Action.
      
   2. After considering the final Subdivision Plat, the Planning Commission shall take Final Action and set forth in detail any conditions to which the approval is subject, or the reasons for disapproval. 
      
   3. In the Final Action the Planning Commission shall stipulate the period of time when the Final Plat shall be recorded and when the performance Guarantee shall be filed or the required improvements installed, whichever is applicable. Provided, however, that no plats will be approved or released for recording until necessary Guarantees have been established in accordance with the Land Management Code. In no event shall the period of time stipulated by the Planning Commission for completion of required improvements exceed two (2) years from the date of the Final Action. 
      
   4. Extension of Approval. Applicants may request time extensions of the Planning Commission approval by submitting a request in writing to the Planning Department prior to expiration of the approval. The Planning Director may grant an extension to the expiration date when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the Park City General Plan or the Land Management Code in effect at the time of the extension request. Change in circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the requirements for a Final Plat in Section 15-1-12.
      
4. SUBMISSION AND REVIEW. Subsequent to the approval of the Planning Commission, one
   1. paper copy of the construction plans, and one copy of the original Subdivision Plat on paper shall be submitted to the Planning Department for final review. No final approval shall be endorsed on the plat until the staff's review has indicated that all requirements of the approval have been met.
      
5. VESTED RIGHTS. Vesting for purposes of zoning occurs upon the filing of a complete Application provided, however, that no vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Planning Commission Chair and the Mayor of Park City. All requirements, conditions, or regulations adopted by the Planning Commission applicable to the Subdivision or to all Subdivisions generally shall be deemed a condition for any Subdivision prior to the time of the signing of the Final Plat by the Planning Commission Chair and Mayor. Where the Planning Commission has required the installation of improvements prior to signing of the Final Plat, the Planning Commission shall not unreasonably modify the conditions set forth in the final approval.
   
6. SIMPLE BOUNDARY ADJUSTMENTS. The Planning Director may approve Simple Boundary Adjustments between two (2) Lots without a plat amendment, within the corporate limits of Park City, if:
   
   1. the Owners of both Lots demonstrate, to the satisfaction of the Planning Director that:
      
      1. no new developable Lot or unit results from the Simple Boundary Adjustments;
         
      2. all Owners of Property contiguous to the adjusted Lot(s) or to Lots owned by the Applicant(s) which are contiguous to the adjusted Lot(s), including those separated by a public Right-of-Way, consent to the Simple Boundary Adjustments;
         
      3. the Simple Boundary Adjustments do not result in remnant land;
         
      4. the Simple Boundary Adjustments, and resulting Lots comply with LMC Section 15-7.3 and are compatible with existing lot sizes in the immediate neighborhood;
         
      5. the Simple Boundary Adjustments do not result in violation of applicable zoning requirements;
         
      6. neither of the original Lots were previously adjusted under this section; 
         
      7. written notice was mailed to all Owners of Property within three hundred feet (300') and neither any Person nor the public will be materially harmed by the adjustment; and
         
      8. the City Engineer and Planning Director authorizes the execution and recording of an appropriate deed and Plat, to reflect that the City has approved the Simple Boundary Adjustments.
         
      9. Extension of Approval. Applicants may request time extensions of the Lot Line Adjustment approval by submitting a request in writing to the Planning Department prior to expiration of the approval. The Planning Director shall review all requests for time extensions of Simple Boundary Adjustments and may grant a one year extension.
         
         Extension requests may be granted when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the Park City General Plan or the Land Management Code in effect at the time of the extension request. Change in circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the requirements for Simple Boundary Adjustments in Section 15-1-12. 
         
   2. If, based upon non-compliance with Subsection (1), the Planning Director denies the Simple Boundary Adjustments, the Director shall inform the Applicant(s) in writing of the reasons for denial, of the right to appeal the decision to the Planning Commission, and of the right to file a formal plat amendment Application.
      
7. COMBINATION OF ADJOINING CONDOMINIUM UNITS WITH A CONDOMINIUM PLAT.
   
   1. Subject to the condominium declaration, a unit owner after acquiring an adjoining unit that shares a common wall with the unit owner’s unit and after recording an amended condominium record of survey plat in accordance with this Title, a unit owner may:
      
      1. remove or alter a partition between the unit owner’s unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; or
         
      2. create an aperture to the adjoining unit or portion of a unit.
         
   2. A unit owner may not take this action if such action would:
      
      1. impair the structural integrity or mechanical systems of the building or either unit;
         
      2. reduce the support of any portion of the common areas and facilities or another unit;
         
      3. constitute a violation of Utah Code Section 10-9a-608, as amended, or violate any section of this code of the IBC. 
   3. Approval of a condominium plat amendment to combine units does not change an assessment or voting right attributable to the unit owner’s unit or the acquired unit, unless the declaration provides otherwise.

1. SIGNING OF PLAT. 
   
   1. When a Guarantee is required, the Planning Commission Chair and Mayor shall endorse approval on the plat after the Guarantee has been approved by the City Council, or its administrative designee and all the conditions of approval pertaining to the plats have been satisfied.
      
   2. When installation of improvements prior to plat recordation is required, the Planning Commission Chair and Mayor shall endorse approval on the plat after all conditions of the approval have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the City as shown by a certificate signed by the City Engineer and City Attorney that the necessary dedication of public lands and improvements has been accomplished.
      
   3. The plat shall be signed by the City Engineer, City Attorney and the City Recorder, if the plat meets the requirements herein.
      
   4. The plat shall conform to City ordinances and be approved by the culinary water authority, the sanitary sewer authority, the County GIS Coordinator/Addressing Authority, and the local health department, if the local health department and the City consider the local health department's approval necessary.
      
   5. The City may withhold an otherwise valid plat approval until the Owner of the land provides the City with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been paid.
      
   6. A Subdivision Plat recorded without the required signatures is void.
      
2. SUBMISSION OF PLAT TO THE UTAH AUTOMATED GEOGRAPHIC REFERENCE CENTER. Staff shall submit an approved plat to the Utah Automated Geographic Reference Center within thirty (30) days of the date of Planning Commission approval to provide data for the unified statewide 911 emergency database.
   
3. RECORDING OF PLAT. It shall be the responsibility of the Developer's licensed title company to file the original Mylar plat with the County Recorder within thirty (30) days of the date of signature. Simultaneously with the filing of the plat, the licensed title company shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the City Attorney.
   
4. SECTIONALIZING MAJOR SUBDIVISION PLATS. Prior to granting final approval of a Major Subdivision Plat, the Planning Commission may permit the plat to be divided into two (2) or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly Development of the plat. The Planning Commission may require that the performance Guarantee be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance Guarantee principal amount until the remaining sections of the plat are presented for filing. The Developer may also file irrevocable offers to dedicate Streets and public improvements only in those sections submitted to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any additional conditions imposed by the Planning Commission, and offers shall be granted concurrently with final approval of the balance of the plat. The approval of all remaining sections not filed with the County Recorder shall automatically expire unless such sections have been approved for filing by the Planning Commission, all fees paid, all instruments and offers of dedication submitted and performance Guarantees approved and actually filed with the County Recorder within one (1) year of the date of final Subdivision approval of the Subdivision Plat. See Section 15-7.1-6 of these regulations.