Regulations
The provisions of this title are enacted for the purpose of adopting regulations for the development of land including the division of land within the city and development of lands without subdivision. The regulations, requirements, data, exceptions, suggestions and conditions set forth in this title are designed to allow for quality growth and development within the city and to assist the developer in the preparation of plans for development. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
The provisions of this title are applicable to all developments and improvements to subdivided and unsubdivided lots or parcels as defined in Utah Code Title 10, Chapter 9a, the Municipal Land Use, Development, and Management Act, or its amendment. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Rep. by Ord. 2024-006, 1-18-2024 (Ord. 2019-10-002, 10-10-2019)
In addition to the requirements established herein, all subdivision plats, infrastructure improvement plans, and final site plans shall comply with the applicable laws, plans and regulations, including, but not limited to:
A. The zoning ordinance of the city of St. George, standard specifications for design and construction and all other applicable ordinances of the city.
B. The official city general plan, including all future land use designations, streets, drainage and utility systems and parks shown in the general plan, as adopted.
C. Requirements of the Utah Department of Transportation, Utah Department of Health and other appropriate state agencies.
D. The standards, regulations and policies adopted by the city, including all boards, commissions, agencies and officials of the city who may be authorized to adopt the same.
E. The standards and requirements for culinary water service adopted by the district.
F. The standards for essential infrastructure as set forth in the St. George city standards and specifications which are incorporated by reference herein. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
If the developer places restrictions on any of the land contained in a subdivision or final site plan greater than those required by the zoning ordinance or these regulations, such restrictions or reference thereto may be required to be indicated on a recorded plat, or the city may require that restrictive covenants be recorded with the county recorder in a form to be approved by the city attorney. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Land which the city finds to be unsuitable for subdivision or development due to steep hillsides, geologic hazards, adverse construction conditions, flooding, improper drainage, slopes, rock formations, adverse earth formations or topography, unavailability of utility facilities, suitable access or resources, utility easements, or other features which would be harmful to the health, safety, and general welfare of the present or future inhabitants of the development or subdivision or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the city council through a development agreement, upon recommendation of the development staff and city engineer or designee, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such dangers. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. At the time an application for a planned development (PD) project is submitted to the city, the owner or developer shall submit an application to change the proposed development property’s zoning designation to planned development (PD). Simultaneous with filing a planned development application, the developer or developer’s authorized representative shall:
1. Apply to change the zoning designation to planned development (PD) for the real property on which the proposed development will be located;
2. Submit all information required by this code for a planned development (PD) zone, including, but not limited to, a general conceptual plan if it is anticipated to be built in phases, a preliminary site plan and/or preliminary plat for one (1) or more phases, and infrastructure improvement plans when required; and
3. Meet with city staff to discuss the proposed development.
B. No change to the zoning designation shall be made without the simultaneous approval of a preliminary plat or preliminary site plan. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
A. The improvements built upon any single lot or two (2) adjoining or contiguous lots held under common ownership separate from that of adjacent lots and not otherwise affected by this title shall nonetheless be subject to, and regulated by, other provisions of this title. The provisions of this title shall be applicable to prevent the granting of a license, or utility services, by any city officer when any property encompassed by this section is in violation of any of the aforesaid sections, and enforcement and penalty shall be as is further provided in this title.
B. When previously subdivided lots are merged together, all frontages along streets are considered to be front setbacks and shall comply with the setback requirements in the zoning ordinance of the city of St. George. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Any and all persons seeking approvals under this title shall pay fees as adopted through resolution by the city council. A development application shall not be considered “complete” unless all fees have been paid. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
The city manager shall be charged with the enforcement powers of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
No person shall subdivide or develop any tract or parcel of land located wholly or in part within the city except in compliance with the provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-9)
No person shall purchase, sell or exchange any parcel of land which is part of a subdivision or a proposed subdivision, nor offer for recording in the office of the county recorder, any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been lawfully created pursuant to and in accordance with the provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-10)
A subdivision plat recorded without the approval of the city as required by Utah Code, this title, and all other applicable statutes and regulations is void. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-11)
The description by metes and bounds in any instrument of transfer, or other documents used in the process of selling or transferring, does not exempt the transaction from being a violation of, or from the penalties or remedies provided in, this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-12)
It shall be unlawful for any person to offer to sell or lease, to contract to sell or lease, or to sell or lease any such final subdivision, or any part thereof, which is located in the city, until a final subdivision plat thereof, in full compliance with the provisions of this title, has been duly recorded in the office of the county recorder. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-13)
A violation of any provisions of this title shall constitute a class C misdemeanor and, upon conviction, be subject to penalty as provided in section 1-4-1. Each separate act in violation of the provisions of this title shall constitute a separate offense. In addition to the criminal penalties provided herein, the city is authorized to seek injunctive or other relief allowed under Utah law to terminate or prevent violations hereof or otherwise enforce the provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-14)
Before any real property is developed or subdivided, the developer or developer’s authorized representative shall follow the procedures set forth in this chapter and as established by the city council by policy, in applying for and obtaining approval of the proposed subdivision. The general procedure consists of the following principal steps:
A. Preapplication process;
B. Preliminary plat or site plan review;
D. Final subdivision plat and/or final site plan review. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Prior to submitting a development application for any type of development, the developer shall:
A. Meet with the city in a development staff review meeting to discuss the development proposal and review the concept plat or site plan and the requirements for the required plans, infrastructure improvement plans, studies and reports. The general requirements as to the layout of streets, street improvements, traffic impact studies, drainage, sewerage, fire protection, availability of existing services, and similar matters shall be discussed. The development staff may also advise or direct the developer, when appropriate, to discuss the proposed development or portions thereof with those officials who must eventually approve certain aspects of the plat or plan, or portions thereof within their jurisdiction, including, but not limited to, the fire marshal, joint utility commission, hillside review board, and city staff. Where special issues or conditions exist which require resolution by the land use authority, resolution of such matters shall be obtained prior to consideration of the preliminary plat by the planning staff.
B. After addressing the initial comments or concerns from the development staff review, developer shall meet with city staff for a preapplication meeting. City staff will include development, engineering, water, power, fire and other reviewing departments to fully review and give input on the proposed development plans.
C. Obtain all overlay, zoning, or general plan approvals or amendments necessary to develop the proposed project. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. Preliminary Plat Requirements: The preliminary plat shall be clear and legible, be labeled and dimensioned, and be of sufficient scale to adequately describe the conditions of this title. The preliminary subdivision plat partial infrastructure improvement plan shall be accompanied by a completed electronic application and submissions, and show among other requirements the following information:
1. General Cover Sheet:
a. Owner contact information.
b. Title block showing name of subdivision.
c. North arrow, drawing scale, boundary, survey, and phasing plan.
d. Vicinity map (large map showing all properties within five hundred feet (500') of subject property).
e. Drawings prepared and stamped by a licensed civil engineer.
f. Low impact development (LID) acknowledgement form.
g. If project is located within the hillside overlay zone, provide the required information from the hillside regulations.
2. Site Plan:
a. Layout of lot(s) or unit numbers and dimensions shown without duplication. (Multiple phases within the same subdivision name should be identified as Phase 1, then Phase 2 and so forth. Lots within different phases should also be distinctly numbered as 101, 102, 103 then 201, 202, 203, etc.)
c. Layout of streets (per access management policy – street intersection separation based on functional class) and easements showing identification and dimensions – with street names that are to be approved by city with the preliminary plat.
d. All property under control of the developer and portion being developed.
e. Location, width and names of all streets and driveways within two hundred feet (200'); easements, rights-of-way, parks and other public open spaces within or adjacent to the proposed subdivision.
f. Double fronting lots – general layout of privacy wall to be shown.
g. Public use areas and/or common and limited common use areas.
h. Driveway access locations (per access management policy – separations and offsets (based on functional class)), corner clearances, minimum and maximum widths, throat lengths.
i. Provide preliminary addressing.
j. Air approaches when requested by city engineer.
3. Grading and Drainage Plan:
a. Existing and proposed contour lines at vertical intervals of not greater than two feet (2') (existing contours = lightly dashed lines; proposed contours = dark solid lines). Contour labels shown for both existing and proposed.
b. Conceptual drainage plan showing existing and proposed storm drain, detention basins, and proposed improvements to existing washes.
c. Existing ditches, drainage channels, waterways, culverts, and major washes.
d. Grading plan; show walls, pad elevations, and cross sections to adjacent development parcels/lots.
e. The location of the floodplain and floodway, and elevations as designated by FEMA (one hundred (100) year floodplain). Also, the location of the erosion hazard boundary for property adjacent to the Virgin and Santa Clara Rivers and Ft. Pearce Wash.
f. Exceptional topography (rock outcropping, natural ridgelines, etc.)
g. Air traffic approaches when requested by the city engineer or designee.
h. Information required by the ordinance, if the proposed subdivision is within the hillside overlay area, a geologic hazard area, an adverse construction condition area, or flood or erosion hazard area.
4. Infrastructure Improvement Plan:
a. The layout of streets, driveways, public parks and trails, and utility easements showing identification and dimensions. Where double frontage lots are proposed, the general design of the privacy wall shall be shown.
b. Existing public, municipal, and/or other utility facilities inside and within one hundred feet (100') of the project.
c. Existing and proposed water, wastewater, secondary irrigation, and power mains with related accessories (e.g., fire hydrants, transformers, etc.).
d. Parcels of land intended to be dedicated for public use or set aside for use of property owners as common or limited common areas.
e. All existing and proposed roads, easements, utility corridors, or other spaces, whether public or private, to be created by the project.
5. Cross Sections: Street cross sections with dimensions.
B. Infrastructure Improvement Requirements: Developer shall submit to the city with each application the necessary partial infrastructure improvement plans and other documentation required by the engineering standards of the city for essential infrastructure, which standards are adopted and incorporated by reference herein.
C. Application Procedure And Requirements:
1. The developer shall file the preliminary plat application through the city’s electronic online application software and forms provided by the city.
2. At the time of filing the application, the applicant shall have completed the preapplication process.
3. Once the application has been reviewed for completeness, including all fees paid, and accepted by the city for processing, the application shall be processed according to the procedure set forth in this section. If the city finds that the application is not complete, the application shall be rejected, until such time as the developer shall submit a complete application acceptable to the city.
4. Approval Procedure:
a. Once an application has been deemed as complete, the preliminary plat, and preliminary plat review application, along with all accompanying plans, reports, and studies, shall be transmitted to the appropriate city officials, service providers, utility providers, and other official agencies or bodies as deemed necessary or as required by law, to allow such persons to review the application and supporting documents.
b. When the application is found to meet the requirements of this title or could meet the requirements with specific conditions imposed, and all comments have been received from those to whom a request to review was made, the community development director or designee shall cause the application to be forwarded to the designated land use authority for approval. The designated land use authority for preliminary plats shall be the planning commission. Staff shall notify the developer of the date, time, and place of any public meeting at which the application shall be reviewed by the planning commission.
c. The planning commission shall approve a preliminary plat which it finds to be in compliance with the standards and criteria set forth by the city in this title and all other laws, ordinances, plans, and policies of the city and state. When not all criteria are met, the planning commission may conditionally approve a preliminary plat, imposing such conditions as it may require in order to bring the project into compliance with the requirements of state law, or the city’s ordinances, plans, and policies.
d. Upon approval of the preliminary plat including the approval of the partial infrastructure improvement plans as required, a mass grading permit may be issued which allows the developer to begin site work at their own risk, prior to final approval. Issuance of a grading permit prior to final plat or final site plan approval does not constitute a vesting of development rights.
e. Preliminary approval of a subdivision with partial infrastructure improvement plans shall be valid for not more than eighteen (18) months from the date of approval by the land use authority. A letter documenting the approval, the date of the approval, and any conditions of approval shall be provided by the community development director or designee to the applicant within ten (10) business days of the approval.
f. If it is determined by the community development director that substantial progress toward completion of the final subdivision plat has been done, and the final plat cannot be timely approved due to reasons beyond the control of the developer or for other good cause, the community development director may agree to a single reasonable extension of time to complete the final subdivision plat and all infrastructure improvement plans for a period of time not to exceed six (6) months.
g. Approval of the preliminary plat or preliminary site plan does not constitute full approval of the development nor vest any development rights as additional requirements may be imposed that are a result of more detailed and thorough review of all plans, specifications, reports, investigations, etc. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-06-002, 6-4-2020; Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
A. A final subdivision plat and/or final site plan shall be prepared and submitted to the community development department prior to the expiration of the preliminary approval. The land use authority shall approve the final plat or site plan which shall include all infrastructure improvement documents only upon a finding that the final plat or final site plan conforms to all prior approvals, conditions, and regulations imposed by the city.
1. Any submission for a final plat shall include a current title report (within thirty (30) days) for review with the plat. A final plat shall be signed by the community development director or designee, the city attorney or designee, the city engineer or designee, the land use authority, the city surveyor, the culinary and wastewater provider, and the county treasurer prior to the final plat being recorded.
B. All applications shall comply with the requirements of Utah Code Annotated title 10, chapter 9a, of the Utah Land Use and Development Management Act, as amended.
C. Infrastructure Improvement Requirements: Developer shall submit to the city with the final application the necessary infrastructure improvement plans and other documentation required by the engineering standards of the city for essential infrastructure, which standards are adopted and incorporated by reference herein.
D. When an application is submitted through the city’s electronic online program, it shall be reviewed for completeness, including all fees paid, and, if complete, the application shall be accepted by the city for processing. The application shall be processed according to the procedure set forth in this section. If the city finds that the application is not complete, the application shall be rejected, until such time as the developer shall submit a complete application acceptable to the city. All reviews required shall be conducted under the time periods specified and imposed by Utah Code.
E. The land use authority for all final applications shall be the community development director who shall approve the final plat or final site plan which shall include all infrastructure improvement documents upon a finding that the final plat or final site plan conforms to all prior approvals, conditions, and regulations imposed by the city and Utah Code.
F. Approval of a final plat or final site plan by the community development director as the land use authority shall be in writing and shall be delivered to the applicant within ten (10) business days of the approval.
G. A final site plan once approved shall be valid for one (1) year during which time a grading or other permit must be issued, and construction commenced. Failure to obtain a permit or commence construction will result in the approval expiring and becoming void.
H. A final plat must be recorded with the office of the county recorder within one (1) year of the date of city approval. A final plat which has not been recorded within one (1) year shall be deemed void and all land use approvals associated with the final plat shall be considered void ab initio. Prior to expiration, a developer may request a one (1) time six (6) month extension of the approval from the community development director. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
A. Vacating, Altering Or Amending Subdivision Plat: All applications for vacating, altering or amending a subdivision plat shall comply with the requirements of Utah Code Title 10, Chapter 9a, as amended.
B. Lot Mergers: All applications seeking to merge lots, parcels, sites, units, plots or other division of land shall comply with the requirements for boundary adjustments as set forth in Utah Code Title 10, Chapter 9a, as amended.
C. Vacating A Street, Right-of-Way, Or Easement: All applications for vacating a street, right-of-way, or easement shall comply with the requirements of Utah Code Title 10, Chapter 9a, as amended. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25C-6)
A. Preapplication Plans: Infrastructure improvement plans for infrastructure improvements which are required by the city as part of the preapplication process shall be submitted to the city for preapplication review. The city engineer shall publish on the city’s website the technical aspects, details, and requirements for the preliminary and final approval submissions and for infrastructure improvement plans.
B. Preliminary Plat Application Plans: Prior to commencement of any infrastructure construction, plans prepared by the developer’s engineer for improvements as outlined in the city’s standard specifications for design and construction, as amended and supplemented from time to time, shall be submitted as part of the preliminary plat or site plan application. These partial infrastructure improvement plans shall identify those improvements which are to be accepted and maintained by the city and improvements which are to be maintained by private entities.
C. Final Infrastructure Improvement Plans: Following approval of the preliminary subdivision plat by the land use authority, the developer shall submit as part of any final application the required number of infrastructure improvement plans and JUC drawings (with comments if any), along with the required final plat or final site plan, to the city through the electronic online final approval application process. Other than allowed mass grading, no development work of any kind shall commence until final approval is received by the land use authority.
D. Final approval shall include a letter from the community development director or designee expressing the approval along with a signed final mylar for subdivision plats, and an approved final site plan for nonsubdivision projects. Infrastructure improvement plans stamped “approved for construction” shall be part of the final approval.
E. Consistent with Utah law, no subdivision plat may be recorded unless all infrastructure improvements have been completed and accepted by the city, or where appropriate an agreement with a bond to secure completion of the infrastructure per section 10-25D-2 has been entered into with the city prior to recordation. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. Completion or Improvement Completion Assurance: The improvements required by this chapter shall be constructed and installed by the developer and maintained by the developer until accepted by the city. Improvements shall be completed prior to recording the final plat in the office of the county recorder, unless the construction, installation and maintenance are guaranteed in the manner provided in section 10-25D-5.
B. Acceptance Process: Required improvements shall not be accepted by the city and the warranty period thereon shall not expire until the required improvements have been fully installed and been in successful operation for the one (1) year warranty period, except when the city determines for good cause that a two (2) year warranty is necessary as provided in Utah Code Annotated section 10-9a-604.5, or its amendment.
1. Approval of Improvements: After the completion of all infrastructure improvements, the developer shall make a written request to the city for an approval inspection to be made by all affected city departments. Upon receipt of inspection reports from all affected departments, the city will either approve the improvements or provide the developer with a list of defective work to be completed before approval. The developer shall correct all defective work and materials and make written requests to the city for additional inspections, as may be required. Once the city approves the improvements, a summary of the inspections and approval shall be provided to the developer.
2. Warranty Period: The warranty period shall start on the date the city approves all of the improvements and the developer provides the city with a warranty document in a form approved by the city. Developer shall warrant all improvements for a period of time as set forth in this section. If, during the warranty period, the city finds any improvements to be defective, the city shall provide developer or developer’s agent with a list of the defective work and developer shall correct all defects immediately except for improvements which, at the city’s discretion, must be repaired by the city. Developer shall pay city for all repairs to defects in improvements which are repaired by the city during the warranty.
3. City Acceptance of Improvements: The developer shall schedule with the city an inspection on the improvements at the end of the warranty.
a. If the city finds that the work on the required improvements is defective and does not meet city standards, the city shall provide the developer with a list of the defective work which the developer must correct. The developer shall schedule additional inspections as necessary and shall, in a timely manner, completely correct all defective work which is identified by the city. After the city finds the developer has completely and satisfactorily completed all of the corrections to the defective work on the required improvements, then the city shall accept the improvements, commence maintenance of the improvements, and any warranty held by the city shall be released.
b. If the city finds that the work on the required improvements does not meet the city standards, the warranty, including, but not limited to, any cash, irrevocable letter of credit, or other financial assurance, shall be forfeited or paid to the city and the city shall make the corrections to the improvements. The city shall accept the improvements after completion of the corrections. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020; Ord. 2024-006, 1-18-2024)
The design, installation, connection, and construction of all improvements required by this section shall comply with all city regulations including the city of St. George standard specifications for design and construction and shall be approved by the city before work begins. The improvements required to be completed before issuance of a building permit under this title shall include, but are not limited to, the following:
A. Utilities And Services:
1. Required utilities and services include, but are not limited to, the following: power, culinary water, secondary irrigation water, sewer, fire protection, lighting, telephone and cable conduits, signing and addressing, all-weather fire and emergency access, and other utilities and services as required by the city or by law.
2. All subdivision lots shall be served by public utility systems.
3. All utility improvements, including street lighting, shall comply with all official standards of the city.
4. All electrical, telephone, and television cable shall be installed underground, except as otherwise directed by the land use authority.
B. Storm Drainage And Nuisance Water Control: A storm or nuisance water drainage system shall be provided and shall be separate and independent from the sanitary sewer system. Drainage, flood control, and adequate erosion protection shall be designed in conformance with the city flood control master plan and drainage guidelines and hydrology manual as detailed in the city of St. George standard specifications for design and construction.
C. Street Improvements:
1. Required – Exception: All streets within the city shall be improved with streetlights and pavement bounded by integral concrete curbs, gutters and sidewalks, curb ramps, etc., unless located within areas identified in St. George City standard specifications section 3.2.3.1. The requirement may be waived if a written request is made to remain a large lot rural subdivision where street construction shall conform to the large lot requirements as detailed in the city of St. George standard specifications for design and construction. A required note shall be placed on the final plat that indicates that any further subdividing will require full compliance with standard lot improvement requirements, including streetlights, curb and gutter, sidewalks, and roadway width, etc. Said acknowledgment shall waive the property owners’ rights to oppose a special improvement district where necessary to comply with this requirement.
2. Continuation Of Streets: The arrangement of streets in new subdivisions shall make provision for the continuation of the streets in adjoining areas insofar as such continuation or access shall be deemed necessary by the city engineer or designee. All access roads leading to any subdivision shall be improved as may be determined by the city engineer or designee.
3. Traffic-Control And Street-Name Signs: All traffic-control and street-name signs, conforming to the city of St. George standard specifications for design and construction and approved by the city engineer or designee, shall be provided by the developer. When required by the city, mitigation of off-site impacts will be the responsibility of the developer. A traffic impact study may be required to help determine project impacts.
4. Frontage: All subdivision lots shall have frontage on a dedicated public street improved to city standards, unless the use of a private street has been approved by the land use authority. Private streets, alleys, or ways shall not be approved except when the city engineer or designee finds that public dedication is not necessary. Where determined that public streets are needed for area circulation, property access, or the overall benefit of the driving public, private streets shall not be used. Master-planned roads cannot be private.
5. Private Streets And Improvements:
a. In the event private streets are used, they shall conform to the city of St. George standard specifications for design and construction as to the quality of construction. Private streets shall include curb, gutter, sidewalks or adequate pedestrian facilities, etc. Street width may be adjusted based upon traffic needs and information provided in a traffic impact study (TIS) when required.
b. The city may observe the construction of private streets. However, in all cases, the developer shall retain the services of a professional engineer and testing firm to provide adequate inspection services and to submit the proper reports and certifications to the city. All private developments shall be required to submit to the city the private development improvements certification, on the approved form prior to certificate of occupancy and acceptance of the development.
c. Continuation Of Principal Streets: The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, and efficient continuation of utilities and where such continuation is in accordance with the transportation element of the city’s general plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line and a temporary turnaround shall be provided.
d. Intersections: Intersections shall comply with city specifications and access management requirements which are incorporated by reference herein.
D. Access To City Street: No subdivision shall be approved which does not have access to an improved and dedicated city street. Where a subdivision obtains access from a street which does not meet minimum city standards, the access road shall be improved to a minimum width of twenty-five feet (25') for road classifications less than sixty-six feet (66') and thirty-two feet (32') for road classifications of sixty-six feet (66') or greater, meeting applicable safety standards, including shoulders, and constructed to final grade. Additional road width may be required to meet safety standards.
E. Improvements To Full Length Of Project: Where a subdivision abuts a master-planned road, utilities or drainage system, the developer shall complete his portion of such improvements the full length of his project in conformance with the approved city plans, including the general plan.
F. Mitigation Of Off-Site Impacts: When required by the city, mitigation of off-site impacts, as well as providing adequate public infrastructure to the development, will be the responsibility of the developer. A traffic impact study (TIS) will be required unless otherwise approved by the city engineer or designee. The TIS may aid in the determination of off-site impact mitigation. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024; Ord. 2025-055, 7-17-2025)
A. Lot Arrangement: The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning ordinance and in providing safe driveway access in accordance with city requirements to buildings on such lots from an approved street.
B. Lot Dimensions: Lot dimensions shall comply with the minimum standards of the zoning ordinance. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets, and providing safe access. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the access, off-street parking and loading facilities required for the type of use and development contemplated, as established in the zoning ordinance.
C. Double Frontage Lots and Access to Lots:
1. Double frontage lots shall be avoided where feasible. However, double frontage lots may be necessary to provide separation of residential development from arterials and major collectors or to overcome specific disadvantages of topography and orientation.
2. Residential lots shall not derive access from an arterial street. Access may be limited on major collector streets for safety reasons as determined by the city engineer or designee. In cases where driveway access from such streets may be necessary for several adjoining lots, the city engineer or designee may require that such lots be served by a shared access drive in order to limit possible traffic hazards on such street. The city engineer or designee may also require that access be designed and arranged so as to avoid requiring vehicles to back into traffic. This may include such items as increased building setbacks, increased lot width, shared access, U-shaped driveways, etc.
3. Where double frontage lots are platted, a six foot (6') four inch (4") high solid masonry wall shall be constructed along the public road for a privacy and noise screen. All walls shall comply with the standards set forth in chapter 18 of this title. The city may approve modifications to the masonry wall to allow for architectural elements such as wrought iron within sections of the wall. The privacy wall shall be set back from the sidewalk a minimum of ten feet (10') in order to provide access to and utilization of the utility easement and a landscape area for the planting of shrubs and trees. Where the developer provides both public right-of-way and a deceleration/acceleration lane as required by the city, the utility-landscape strip may be reduced to five feet (5') for the length of the deceleration/acceleration lane. Along arterial streets, the land use authority may require a planter area greater than ten feet (10') in width. In addition, in order to provide proper intersection and driveway sight distance, it will be necessary in some cases to set the wall back a distance greater than ten feet (10') from the sidewalk. Where the developer or property owner dedicates the landscape and utility area described herein to the city, the developer will receive an area credit for the perimeter lots adjacent to the dedicated landscape and utility area equal to the amount of the dedicated area. Such area credit will be applied to the adjacent lots for the purpose of complying with the minimum lot size requirements.
4. The developer shall plant trees along the street frontage in conformance with the city’s community forestry program. Trees shall be planted so as not to obstruct visibility at drives and intersections, nor obstruct traffic control devices.
5. For planned developments or other residential developments where a homeowners’ association exists, the homeowners’ association shall provide irrigation and maintenance for the landscape strip on the street side of the wall.
6. If a residential development creates double frontage lots the city shall require a homeowners’ association to be created for ownership and maintenance of landscaping and irrigation on the street side of the wall, unless an alternate maintenance agreement has been approved by the city.
7. In some cases where no homeowners’ association exists, the city may choose to provide maintenance for landscaping within the right-of-way for streets of eighty feet (80') or more; provided, the landscaping and irrigation system has been installed to city standards.
8. The privacy wall and landscaping area shall be completed prior to occupancy of any homes in the subdivision, or, where unusual circumstances exist which prevent such completion, a guarantee shall be posted as detailed in section 10-25D-5, in the form of cash or an irrevocable letter of credit.
D. Flag Lots: After determination by the commission that standard lots are not feasible, the commission may, in order to encourage more efficient use of land, allow flag lots to be developed subject to the following conditions:
1. The property cannot be subdivided with typical public street frontage either at the present or in the foreseeable future.
2. The staff portion of said lot shall front on a dedicated public street. The minimum width of the staff shall be twenty-five feet (25').
3. No building or construction, except for driveways, shall be allowed on the staff portion of said lot.
4. All lot size and setback requirements shall be the same as may be required by the zone in which the lot is located. The staff portion of the lot shall not be used to calculate the minimum lot size. Setbacks shall be shown on the preliminary plat and approved by the land use authority.
5. No more than two (2) flag lots or four (4) dwelling units may be served by one (1) twenty-five foot (25') wide staff.
6. Each flag lot shall be specifically approved by the land use authority. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. Improvement Completion Assurance:
1. When Required: The city, in its discretion, may allow a developer to record the final plat if the developer guarantees the installation and construction of the required improvements free from defects in material and workmanship and in compliance with all city standards, by providing a financial improvement completion assurance and agreement which guarantees completion of the improvements within one (1) year of the date of final plat recordation.
2. Form – Amount: The improvement completion assurance required under this subsection shall be in the form of cash (cash escrow), disbursement agreement (draw down) or an irrevocable letter of credit, in a form acceptable to the city, for an amount equal to one hundred percent (100%) plus an additional warranty amount equaling ten percent (10%) of the total cost of improvements not previously accepted (see subsection B of this section). The cost of improvements shall be approved by the city. All improvements not completed within one (1) year shall thereafter require an improvement completion assurance.
3. Release: The city shall release the improvement completion assurance under this subsection once all improvements are inspected and approved by the city as required by this title and the developer has submitted to the city a warranty in a form acceptable to the city.
B. Warranty Of Improvements:
1. Required: Each developer shall warrant that all improvements required under sections 10-25D-3 and 10-25D-4 shall be free from defects in material and workmanship and that the improvements are in compliance with all city standards. The warranty period shall start on the date the city approves all of the improvements pursuant to section 10-25D-2, and the developer provides the city with a warranty in a form approved by the city.
2. Form – Amount: The warranty required by this chapter shall be in the form of cash, disbursement agreement or an irrevocable letter of credit, under terms acceptable to the city.
3. Release: After the expiration of the warranty period, the city shall release the warranty held by the city under this chapter after the final inspection and acceptance of the improvements pursuant to section 10-25D-2. Release of the warranty or forfeiture of the warranty and city acceptance of the improvements does not waive the city’s right to any other remedy available at law.
C. Approval: The form of any improvement completion assurance agreement or warranty submitted under this section shall be reviewed and approved by the city attorney or designee before acceptance by the city. The city engineer or designee is hereby authorized to sign the improvement agreement on behalf of the city. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020; Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
Regulations
The provisions of this title are enacted for the purpose of adopting regulations for the development of land including the division of land within the city and development of lands without subdivision. The regulations, requirements, data, exceptions, suggestions and conditions set forth in this title are designed to allow for quality growth and development within the city and to assist the developer in the preparation of plans for development. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
The provisions of this title are applicable to all developments and improvements to subdivided and unsubdivided lots or parcels as defined in Utah Code Title 10, Chapter 9a, the Municipal Land Use, Development, and Management Act, or its amendment. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Rep. by Ord. 2024-006, 1-18-2024 (Ord. 2019-10-002, 10-10-2019)
In addition to the requirements established herein, all subdivision plats, infrastructure improvement plans, and final site plans shall comply with the applicable laws, plans and regulations, including, but not limited to:
A. The zoning ordinance of the city of St. George, standard specifications for design and construction and all other applicable ordinances of the city.
B. The official city general plan, including all future land use designations, streets, drainage and utility systems and parks shown in the general plan, as adopted.
C. Requirements of the Utah Department of Transportation, Utah Department of Health and other appropriate state agencies.
D. The standards, regulations and policies adopted by the city, including all boards, commissions, agencies and officials of the city who may be authorized to adopt the same.
E. The standards and requirements for culinary water service adopted by the district.
F. The standards for essential infrastructure as set forth in the St. George city standards and specifications which are incorporated by reference herein. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
If the developer places restrictions on any of the land contained in a subdivision or final site plan greater than those required by the zoning ordinance or these regulations, such restrictions or reference thereto may be required to be indicated on a recorded plat, or the city may require that restrictive covenants be recorded with the county recorder in a form to be approved by the city attorney. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Land which the city finds to be unsuitable for subdivision or development due to steep hillsides, geologic hazards, adverse construction conditions, flooding, improper drainage, slopes, rock formations, adverse earth formations or topography, unavailability of utility facilities, suitable access or resources, utility easements, or other features which would be harmful to the health, safety, and general welfare of the present or future inhabitants of the development or subdivision or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the city council through a development agreement, upon recommendation of the development staff and city engineer or designee, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such dangers. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. At the time an application for a planned development (PD) project is submitted to the city, the owner or developer shall submit an application to change the proposed development property’s zoning designation to planned development (PD). Simultaneous with filing a planned development application, the developer or developer’s authorized representative shall:
1. Apply to change the zoning designation to planned development (PD) for the real property on which the proposed development will be located;
2. Submit all information required by this code for a planned development (PD) zone, including, but not limited to, a general conceptual plan if it is anticipated to be built in phases, a preliminary site plan and/or preliminary plat for one (1) or more phases, and infrastructure improvement plans when required; and
3. Meet with city staff to discuss the proposed development.
B. No change to the zoning designation shall be made without the simultaneous approval of a preliminary plat or preliminary site plan. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
A. The improvements built upon any single lot or two (2) adjoining or contiguous lots held under common ownership separate from that of adjacent lots and not otherwise affected by this title shall nonetheless be subject to, and regulated by, other provisions of this title. The provisions of this title shall be applicable to prevent the granting of a license, or utility services, by any city officer when any property encompassed by this section is in violation of any of the aforesaid sections, and enforcement and penalty shall be as is further provided in this title.
B. When previously subdivided lots are merged together, all frontages along streets are considered to be front setbacks and shall comply with the setback requirements in the zoning ordinance of the city of St. George. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Any and all persons seeking approvals under this title shall pay fees as adopted through resolution by the city council. A development application shall not be considered “complete” unless all fees have been paid. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
The city manager shall be charged with the enforcement powers of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
No person shall subdivide or develop any tract or parcel of land located wholly or in part within the city except in compliance with the provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-9)
No person shall purchase, sell or exchange any parcel of land which is part of a subdivision or a proposed subdivision, nor offer for recording in the office of the county recorder, any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been lawfully created pursuant to and in accordance with the provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-10)
A subdivision plat recorded without the approval of the city as required by Utah Code, this title, and all other applicable statutes and regulations is void. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-11)
The description by metes and bounds in any instrument of transfer, or other documents used in the process of selling or transferring, does not exempt the transaction from being a violation of, or from the penalties or remedies provided in, this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-12)
It shall be unlawful for any person to offer to sell or lease, to contract to sell or lease, or to sell or lease any such final subdivision, or any part thereof, which is located in the city, until a final subdivision plat thereof, in full compliance with the provisions of this title, has been duly recorded in the office of the county recorder. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-13)
A violation of any provisions of this title shall constitute a class C misdemeanor and, upon conviction, be subject to penalty as provided in section 1-4-1. Each separate act in violation of the provisions of this title shall constitute a separate offense. In addition to the criminal penalties provided herein, the city is authorized to seek injunctive or other relief allowed under Utah law to terminate or prevent violations hereof or otherwise enforce the provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25B-14)
Before any real property is developed or subdivided, the developer or developer’s authorized representative shall follow the procedures set forth in this chapter and as established by the city council by policy, in applying for and obtaining approval of the proposed subdivision. The general procedure consists of the following principal steps:
A. Preapplication process;
B. Preliminary plat or site plan review;
D. Final subdivision plat and/or final site plan review. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
Prior to submitting a development application for any type of development, the developer shall:
A. Meet with the city in a development staff review meeting to discuss the development proposal and review the concept plat or site plan and the requirements for the required plans, infrastructure improvement plans, studies and reports. The general requirements as to the layout of streets, street improvements, traffic impact studies, drainage, sewerage, fire protection, availability of existing services, and similar matters shall be discussed. The development staff may also advise or direct the developer, when appropriate, to discuss the proposed development or portions thereof with those officials who must eventually approve certain aspects of the plat or plan, or portions thereof within their jurisdiction, including, but not limited to, the fire marshal, joint utility commission, hillside review board, and city staff. Where special issues or conditions exist which require resolution by the land use authority, resolution of such matters shall be obtained prior to consideration of the preliminary plat by the planning staff.
B. After addressing the initial comments or concerns from the development staff review, developer shall meet with city staff for a preapplication meeting. City staff will include development, engineering, water, power, fire and other reviewing departments to fully review and give input on the proposed development plans.
C. Obtain all overlay, zoning, or general plan approvals or amendments necessary to develop the proposed project. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. Preliminary Plat Requirements: The preliminary plat shall be clear and legible, be labeled and dimensioned, and be of sufficient scale to adequately describe the conditions of this title. The preliminary subdivision plat partial infrastructure improvement plan shall be accompanied by a completed electronic application and submissions, and show among other requirements the following information:
1. General Cover Sheet:
a. Owner contact information.
b. Title block showing name of subdivision.
c. North arrow, drawing scale, boundary, survey, and phasing plan.
d. Vicinity map (large map showing all properties within five hundred feet (500') of subject property).
e. Drawings prepared and stamped by a licensed civil engineer.
f. Low impact development (LID) acknowledgement form.
g. If project is located within the hillside overlay zone, provide the required information from the hillside regulations.
2. Site Plan:
a. Layout of lot(s) or unit numbers and dimensions shown without duplication. (Multiple phases within the same subdivision name should be identified as Phase 1, then Phase 2 and so forth. Lots within different phases should also be distinctly numbered as 101, 102, 103 then 201, 202, 203, etc.)
c. Layout of streets (per access management policy – street intersection separation based on functional class) and easements showing identification and dimensions – with street names that are to be approved by city with the preliminary plat.
d. All property under control of the developer and portion being developed.
e. Location, width and names of all streets and driveways within two hundred feet (200'); easements, rights-of-way, parks and other public open spaces within or adjacent to the proposed subdivision.
f. Double fronting lots – general layout of privacy wall to be shown.
g. Public use areas and/or common and limited common use areas.
h. Driveway access locations (per access management policy – separations and offsets (based on functional class)), corner clearances, minimum and maximum widths, throat lengths.
i. Provide preliminary addressing.
j. Air approaches when requested by city engineer.
3. Grading and Drainage Plan:
a. Existing and proposed contour lines at vertical intervals of not greater than two feet (2') (existing contours = lightly dashed lines; proposed contours = dark solid lines). Contour labels shown for both existing and proposed.
b. Conceptual drainage plan showing existing and proposed storm drain, detention basins, and proposed improvements to existing washes.
c. Existing ditches, drainage channels, waterways, culverts, and major washes.
d. Grading plan; show walls, pad elevations, and cross sections to adjacent development parcels/lots.
e. The location of the floodplain and floodway, and elevations as designated by FEMA (one hundred (100) year floodplain). Also, the location of the erosion hazard boundary for property adjacent to the Virgin and Santa Clara Rivers and Ft. Pearce Wash.
f. Exceptional topography (rock outcropping, natural ridgelines, etc.)
g. Air traffic approaches when requested by the city engineer or designee.
h. Information required by the ordinance, if the proposed subdivision is within the hillside overlay area, a geologic hazard area, an adverse construction condition area, or flood or erosion hazard area.
4. Infrastructure Improvement Plan:
a. The layout of streets, driveways, public parks and trails, and utility easements showing identification and dimensions. Where double frontage lots are proposed, the general design of the privacy wall shall be shown.
b. Existing public, municipal, and/or other utility facilities inside and within one hundred feet (100') of the project.
c. Existing and proposed water, wastewater, secondary irrigation, and power mains with related accessories (e.g., fire hydrants, transformers, etc.).
d. Parcels of land intended to be dedicated for public use or set aside for use of property owners as common or limited common areas.
e. All existing and proposed roads, easements, utility corridors, or other spaces, whether public or private, to be created by the project.
5. Cross Sections: Street cross sections with dimensions.
B. Infrastructure Improvement Requirements: Developer shall submit to the city with each application the necessary partial infrastructure improvement plans and other documentation required by the engineering standards of the city for essential infrastructure, which standards are adopted and incorporated by reference herein.
C. Application Procedure And Requirements:
1. The developer shall file the preliminary plat application through the city’s electronic online application software and forms provided by the city.
2. At the time of filing the application, the applicant shall have completed the preapplication process.
3. Once the application has been reviewed for completeness, including all fees paid, and accepted by the city for processing, the application shall be processed according to the procedure set forth in this section. If the city finds that the application is not complete, the application shall be rejected, until such time as the developer shall submit a complete application acceptable to the city.
4. Approval Procedure:
a. Once an application has been deemed as complete, the preliminary plat, and preliminary plat review application, along with all accompanying plans, reports, and studies, shall be transmitted to the appropriate city officials, service providers, utility providers, and other official agencies or bodies as deemed necessary or as required by law, to allow such persons to review the application and supporting documents.
b. When the application is found to meet the requirements of this title or could meet the requirements with specific conditions imposed, and all comments have been received from those to whom a request to review was made, the community development director or designee shall cause the application to be forwarded to the designated land use authority for approval. The designated land use authority for preliminary plats shall be the planning commission. Staff shall notify the developer of the date, time, and place of any public meeting at which the application shall be reviewed by the planning commission.
c. The planning commission shall approve a preliminary plat which it finds to be in compliance with the standards and criteria set forth by the city in this title and all other laws, ordinances, plans, and policies of the city and state. When not all criteria are met, the planning commission may conditionally approve a preliminary plat, imposing such conditions as it may require in order to bring the project into compliance with the requirements of state law, or the city’s ordinances, plans, and policies.
d. Upon approval of the preliminary plat including the approval of the partial infrastructure improvement plans as required, a mass grading permit may be issued which allows the developer to begin site work at their own risk, prior to final approval. Issuance of a grading permit prior to final plat or final site plan approval does not constitute a vesting of development rights.
e. Preliminary approval of a subdivision with partial infrastructure improvement plans shall be valid for not more than eighteen (18) months from the date of approval by the land use authority. A letter documenting the approval, the date of the approval, and any conditions of approval shall be provided by the community development director or designee to the applicant within ten (10) business days of the approval.
f. If it is determined by the community development director that substantial progress toward completion of the final subdivision plat has been done, and the final plat cannot be timely approved due to reasons beyond the control of the developer or for other good cause, the community development director may agree to a single reasonable extension of time to complete the final subdivision plat and all infrastructure improvement plans for a period of time not to exceed six (6) months.
g. Approval of the preliminary plat or preliminary site plan does not constitute full approval of the development nor vest any development rights as additional requirements may be imposed that are a result of more detailed and thorough review of all plans, specifications, reports, investigations, etc. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-06-002, 6-4-2020; Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
A. A final subdivision plat and/or final site plan shall be prepared and submitted to the community development department prior to the expiration of the preliminary approval. The land use authority shall approve the final plat or site plan which shall include all infrastructure improvement documents only upon a finding that the final plat or final site plan conforms to all prior approvals, conditions, and regulations imposed by the city.
1. Any submission for a final plat shall include a current title report (within thirty (30) days) for review with the plat. A final plat shall be signed by the community development director or designee, the city attorney or designee, the city engineer or designee, the land use authority, the city surveyor, the culinary and wastewater provider, and the county treasurer prior to the final plat being recorded.
B. All applications shall comply with the requirements of Utah Code Annotated title 10, chapter 9a, of the Utah Land Use and Development Management Act, as amended.
C. Infrastructure Improvement Requirements: Developer shall submit to the city with the final application the necessary infrastructure improvement plans and other documentation required by the engineering standards of the city for essential infrastructure, which standards are adopted and incorporated by reference herein.
D. When an application is submitted through the city’s electronic online program, it shall be reviewed for completeness, including all fees paid, and, if complete, the application shall be accepted by the city for processing. The application shall be processed according to the procedure set forth in this section. If the city finds that the application is not complete, the application shall be rejected, until such time as the developer shall submit a complete application acceptable to the city. All reviews required shall be conducted under the time periods specified and imposed by Utah Code.
E. The land use authority for all final applications shall be the community development director who shall approve the final plat or final site plan which shall include all infrastructure improvement documents upon a finding that the final plat or final site plan conforms to all prior approvals, conditions, and regulations imposed by the city and Utah Code.
F. Approval of a final plat or final site plan by the community development director as the land use authority shall be in writing and shall be delivered to the applicant within ten (10) business days of the approval.
G. A final site plan once approved shall be valid for one (1) year during which time a grading or other permit must be issued, and construction commenced. Failure to obtain a permit or commence construction will result in the approval expiring and becoming void.
H. A final plat must be recorded with the office of the county recorder within one (1) year of the date of city approval. A final plat which has not been recorded within one (1) year shall be deemed void and all land use approvals associated with the final plat shall be considered void ab initio. Prior to expiration, a developer may request a one (1) time six (6) month extension of the approval from the community development director. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)
A. Vacating, Altering Or Amending Subdivision Plat: All applications for vacating, altering or amending a subdivision plat shall comply with the requirements of Utah Code Title 10, Chapter 9a, as amended.
B. Lot Mergers: All applications seeking to merge lots, parcels, sites, units, plots or other division of land shall comply with the requirements for boundary adjustments as set forth in Utah Code Title 10, Chapter 9a, as amended.
C. Vacating A Street, Right-of-Way, Or Easement: All applications for vacating a street, right-of-way, or easement shall comply with the requirements of Utah Code Title 10, Chapter 9a, as amended. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024. Formerly 10-25C-6)
A. Preapplication Plans: Infrastructure improvement plans for infrastructure improvements which are required by the city as part of the preapplication process shall be submitted to the city for preapplication review. The city engineer shall publish on the city’s website the technical aspects, details, and requirements for the preliminary and final approval submissions and for infrastructure improvement plans.
B. Preliminary Plat Application Plans: Prior to commencement of any infrastructure construction, plans prepared by the developer’s engineer for improvements as outlined in the city’s standard specifications for design and construction, as amended and supplemented from time to time, shall be submitted as part of the preliminary plat or site plan application. These partial infrastructure improvement plans shall identify those improvements which are to be accepted and maintained by the city and improvements which are to be maintained by private entities.
C. Final Infrastructure Improvement Plans: Following approval of the preliminary subdivision plat by the land use authority, the developer shall submit as part of any final application the required number of infrastructure improvement plans and JUC drawings (with comments if any), along with the required final plat or final site plan, to the city through the electronic online final approval application process. Other than allowed mass grading, no development work of any kind shall commence until final approval is received by the land use authority.
D. Final approval shall include a letter from the community development director or designee expressing the approval along with a signed final mylar for subdivision plats, and an approved final site plan for nonsubdivision projects. Infrastructure improvement plans stamped “approved for construction” shall be part of the final approval.
E. Consistent with Utah law, no subdivision plat may be recorded unless all infrastructure improvements have been completed and accepted by the city, or where appropriate an agreement with a bond to secure completion of the infrastructure per section 10-25D-2 has been entered into with the city prior to recordation. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. Completion or Improvement Completion Assurance: The improvements required by this chapter shall be constructed and installed by the developer and maintained by the developer until accepted by the city. Improvements shall be completed prior to recording the final plat in the office of the county recorder, unless the construction, installation and maintenance are guaranteed in the manner provided in section 10-25D-5.
B. Acceptance Process: Required improvements shall not be accepted by the city and the warranty period thereon shall not expire until the required improvements have been fully installed and been in successful operation for the one (1) year warranty period, except when the city determines for good cause that a two (2) year warranty is necessary as provided in Utah Code Annotated section 10-9a-604.5, or its amendment.
1. Approval of Improvements: After the completion of all infrastructure improvements, the developer shall make a written request to the city for an approval inspection to be made by all affected city departments. Upon receipt of inspection reports from all affected departments, the city will either approve the improvements or provide the developer with a list of defective work to be completed before approval. The developer shall correct all defective work and materials and make written requests to the city for additional inspections, as may be required. Once the city approves the improvements, a summary of the inspections and approval shall be provided to the developer.
2. Warranty Period: The warranty period shall start on the date the city approves all of the improvements and the developer provides the city with a warranty document in a form approved by the city. Developer shall warrant all improvements for a period of time as set forth in this section. If, during the warranty period, the city finds any improvements to be defective, the city shall provide developer or developer’s agent with a list of the defective work and developer shall correct all defects immediately except for improvements which, at the city’s discretion, must be repaired by the city. Developer shall pay city for all repairs to defects in improvements which are repaired by the city during the warranty.
3. City Acceptance of Improvements: The developer shall schedule with the city an inspection on the improvements at the end of the warranty.
a. If the city finds that the work on the required improvements is defective and does not meet city standards, the city shall provide the developer with a list of the defective work which the developer must correct. The developer shall schedule additional inspections as necessary and shall, in a timely manner, completely correct all defective work which is identified by the city. After the city finds the developer has completely and satisfactorily completed all of the corrections to the defective work on the required improvements, then the city shall accept the improvements, commence maintenance of the improvements, and any warranty held by the city shall be released.
b. If the city finds that the work on the required improvements does not meet the city standards, the warranty, including, but not limited to, any cash, irrevocable letter of credit, or other financial assurance, shall be forfeited or paid to the city and the city shall make the corrections to the improvements. The city shall accept the improvements after completion of the corrections. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020; Ord. 2024-006, 1-18-2024)
The design, installation, connection, and construction of all improvements required by this section shall comply with all city regulations including the city of St. George standard specifications for design and construction and shall be approved by the city before work begins. The improvements required to be completed before issuance of a building permit under this title shall include, but are not limited to, the following:
A. Utilities And Services:
1. Required utilities and services include, but are not limited to, the following: power, culinary water, secondary irrigation water, sewer, fire protection, lighting, telephone and cable conduits, signing and addressing, all-weather fire and emergency access, and other utilities and services as required by the city or by law.
2. All subdivision lots shall be served by public utility systems.
3. All utility improvements, including street lighting, shall comply with all official standards of the city.
4. All electrical, telephone, and television cable shall be installed underground, except as otherwise directed by the land use authority.
B. Storm Drainage And Nuisance Water Control: A storm or nuisance water drainage system shall be provided and shall be separate and independent from the sanitary sewer system. Drainage, flood control, and adequate erosion protection shall be designed in conformance with the city flood control master plan and drainage guidelines and hydrology manual as detailed in the city of St. George standard specifications for design and construction.
C. Street Improvements:
1. Required – Exception: All streets within the city shall be improved with streetlights and pavement bounded by integral concrete curbs, gutters and sidewalks, curb ramps, etc., unless located within areas identified in St. George City standard specifications section 3.2.3.1. The requirement may be waived if a written request is made to remain a large lot rural subdivision where street construction shall conform to the large lot requirements as detailed in the city of St. George standard specifications for design and construction. A required note shall be placed on the final plat that indicates that any further subdividing will require full compliance with standard lot improvement requirements, including streetlights, curb and gutter, sidewalks, and roadway width, etc. Said acknowledgment shall waive the property owners’ rights to oppose a special improvement district where necessary to comply with this requirement.
2. Continuation Of Streets: The arrangement of streets in new subdivisions shall make provision for the continuation of the streets in adjoining areas insofar as such continuation or access shall be deemed necessary by the city engineer or designee. All access roads leading to any subdivision shall be improved as may be determined by the city engineer or designee.
3. Traffic-Control And Street-Name Signs: All traffic-control and street-name signs, conforming to the city of St. George standard specifications for design and construction and approved by the city engineer or designee, shall be provided by the developer. When required by the city, mitigation of off-site impacts will be the responsibility of the developer. A traffic impact study may be required to help determine project impacts.
4. Frontage: All subdivision lots shall have frontage on a dedicated public street improved to city standards, unless the use of a private street has been approved by the land use authority. Private streets, alleys, or ways shall not be approved except when the city engineer or designee finds that public dedication is not necessary. Where determined that public streets are needed for area circulation, property access, or the overall benefit of the driving public, private streets shall not be used. Master-planned roads cannot be private.
5. Private Streets And Improvements:
a. In the event private streets are used, they shall conform to the city of St. George standard specifications for design and construction as to the quality of construction. Private streets shall include curb, gutter, sidewalks or adequate pedestrian facilities, etc. Street width may be adjusted based upon traffic needs and information provided in a traffic impact study (TIS) when required.
b. The city may observe the construction of private streets. However, in all cases, the developer shall retain the services of a professional engineer and testing firm to provide adequate inspection services and to submit the proper reports and certifications to the city. All private developments shall be required to submit to the city the private development improvements certification, on the approved form prior to certificate of occupancy and acceptance of the development.
c. Continuation Of Principal Streets: The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, and efficient continuation of utilities and where such continuation is in accordance with the transportation element of the city’s general plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line and a temporary turnaround shall be provided.
d. Intersections: Intersections shall comply with city specifications and access management requirements which are incorporated by reference herein.
D. Access To City Street: No subdivision shall be approved which does not have access to an improved and dedicated city street. Where a subdivision obtains access from a street which does not meet minimum city standards, the access road shall be improved to a minimum width of twenty-five feet (25') for road classifications less than sixty-six feet (66') and thirty-two feet (32') for road classifications of sixty-six feet (66') or greater, meeting applicable safety standards, including shoulders, and constructed to final grade. Additional road width may be required to meet safety standards.
E. Improvements To Full Length Of Project: Where a subdivision abuts a master-planned road, utilities or drainage system, the developer shall complete his portion of such improvements the full length of his project in conformance with the approved city plans, including the general plan.
F. Mitigation Of Off-Site Impacts: When required by the city, mitigation of off-site impacts, as well as providing adequate public infrastructure to the development, will be the responsibility of the developer. A traffic impact study (TIS) will be required unless otherwise approved by the city engineer or designee. The TIS may aid in the determination of off-site impact mitigation. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024; Ord. 2025-055, 7-17-2025)
A. Lot Arrangement: The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning ordinance and in providing safe driveway access in accordance with city requirements to buildings on such lots from an approved street.
B. Lot Dimensions: Lot dimensions shall comply with the minimum standards of the zoning ordinance. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets, and providing safe access. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the access, off-street parking and loading facilities required for the type of use and development contemplated, as established in the zoning ordinance.
C. Double Frontage Lots and Access to Lots:
1. Double frontage lots shall be avoided where feasible. However, double frontage lots may be necessary to provide separation of residential development from arterials and major collectors or to overcome specific disadvantages of topography and orientation.
2. Residential lots shall not derive access from an arterial street. Access may be limited on major collector streets for safety reasons as determined by the city engineer or designee. In cases where driveway access from such streets may be necessary for several adjoining lots, the city engineer or designee may require that such lots be served by a shared access drive in order to limit possible traffic hazards on such street. The city engineer or designee may also require that access be designed and arranged so as to avoid requiring vehicles to back into traffic. This may include such items as increased building setbacks, increased lot width, shared access, U-shaped driveways, etc.
3. Where double frontage lots are platted, a six foot (6') four inch (4") high solid masonry wall shall be constructed along the public road for a privacy and noise screen. All walls shall comply with the standards set forth in chapter 18 of this title. The city may approve modifications to the masonry wall to allow for architectural elements such as wrought iron within sections of the wall. The privacy wall shall be set back from the sidewalk a minimum of ten feet (10') in order to provide access to and utilization of the utility easement and a landscape area for the planting of shrubs and trees. Where the developer provides both public right-of-way and a deceleration/acceleration lane as required by the city, the utility-landscape strip may be reduced to five feet (5') for the length of the deceleration/acceleration lane. Along arterial streets, the land use authority may require a planter area greater than ten feet (10') in width. In addition, in order to provide proper intersection and driveway sight distance, it will be necessary in some cases to set the wall back a distance greater than ten feet (10') from the sidewalk. Where the developer or property owner dedicates the landscape and utility area described herein to the city, the developer will receive an area credit for the perimeter lots adjacent to the dedicated landscape and utility area equal to the amount of the dedicated area. Such area credit will be applied to the adjacent lots for the purpose of complying with the minimum lot size requirements.
4. The developer shall plant trees along the street frontage in conformance with the city’s community forestry program. Trees shall be planted so as not to obstruct visibility at drives and intersections, nor obstruct traffic control devices.
5. For planned developments or other residential developments where a homeowners’ association exists, the homeowners’ association shall provide irrigation and maintenance for the landscape strip on the street side of the wall.
6. If a residential development creates double frontage lots the city shall require a homeowners’ association to be created for ownership and maintenance of landscaping and irrigation on the street side of the wall, unless an alternate maintenance agreement has been approved by the city.
7. In some cases where no homeowners’ association exists, the city may choose to provide maintenance for landscaping within the right-of-way for streets of eighty feet (80') or more; provided, the landscaping and irrigation system has been installed to city standards.
8. The privacy wall and landscaping area shall be completed prior to occupancy of any homes in the subdivision, or, where unusual circumstances exist which prevent such completion, a guarantee shall be posted as detailed in section 10-25D-5, in the form of cash or an irrevocable letter of credit.
D. Flag Lots: After determination by the commission that standard lots are not feasible, the commission may, in order to encourage more efficient use of land, allow flag lots to be developed subject to the following conditions:
1. The property cannot be subdivided with typical public street frontage either at the present or in the foreseeable future.
2. The staff portion of said lot shall front on a dedicated public street. The minimum width of the staff shall be twenty-five feet (25').
3. No building or construction, except for driveways, shall be allowed on the staff portion of said lot.
4. All lot size and setback requirements shall be the same as may be required by the zone in which the lot is located. The staff portion of the lot shall not be used to calculate the minimum lot size. Setbacks shall be shown on the preliminary plat and approved by the land use authority.
5. No more than two (2) flag lots or four (4) dwelling units may be served by one (1) twenty-five foot (25') wide staff.
6. Each flag lot shall be specifically approved by the land use authority. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2024-006, 1-18-2024)
A. Improvement Completion Assurance:
1. When Required: The city, in its discretion, may allow a developer to record the final plat if the developer guarantees the installation and construction of the required improvements free from defects in material and workmanship and in compliance with all city standards, by providing a financial improvement completion assurance and agreement which guarantees completion of the improvements within one (1) year of the date of final plat recordation.
2. Form – Amount: The improvement completion assurance required under this subsection shall be in the form of cash (cash escrow), disbursement agreement (draw down) or an irrevocable letter of credit, in a form acceptable to the city, for an amount equal to one hundred percent (100%) plus an additional warranty amount equaling ten percent (10%) of the total cost of improvements not previously accepted (see subsection B of this section). The cost of improvements shall be approved by the city. All improvements not completed within one (1) year shall thereafter require an improvement completion assurance.
3. Release: The city shall release the improvement completion assurance under this subsection once all improvements are inspected and approved by the city as required by this title and the developer has submitted to the city a warranty in a form acceptable to the city.
B. Warranty Of Improvements:
1. Required: Each developer shall warrant that all improvements required under sections 10-25D-3 and 10-25D-4 shall be free from defects in material and workmanship and that the improvements are in compliance with all city standards. The warranty period shall start on the date the city approves all of the improvements pursuant to section 10-25D-2, and the developer provides the city with a warranty in a form approved by the city.
2. Form – Amount: The warranty required by this chapter shall be in the form of cash, disbursement agreement or an irrevocable letter of credit, under terms acceptable to the city.
3. Release: After the expiration of the warranty period, the city shall release the warranty held by the city under this chapter after the final inspection and acceptance of the improvements pursuant to section 10-25D-2. Release of the warranty or forfeiture of the warranty and city acceptance of the improvements does not waive the city’s right to any other remedy available at law.
C. Approval: The form of any improvement completion assurance agreement or warranty submitted under this section shall be reviewed and approved by the city attorney or designee before acceptance by the city. The city engineer or designee is hereby authorized to sign the improvement agreement on behalf of the city. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020; Ord. 2022-07-009, 7-28-2022; Ord. 2024-006, 1-18-2024)