The purpose of this Chapter is to promote the health, safety, and general welfare of the community by:

A.

Managing efficient and orderly growth in the Town;

B.

Establishing requirements and procedures that will help preserve the high quality of community environment and protect property values; and

C.

Providing policies, procedures, requirements, and standards for the physical development of subdivisions of land, construction of buildings and improvements within the Town, including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, dedication of land and streets, granting easements or rights-of-way, and to establish fees and other charges for the authorizing of a subdivision.

(Ord. No. 2024-09, 11-13-24)

A.

Applicability: This Chapter applies to any subdivision of land in Springdale, except that Sections 10-14-4 (pre-application review), 10-14-5 (preliminary plat), and 10-14-6 (final plat) do not apply to applications to subdivide land for use as single-family dwellings, duplexes, or townhomes. Applications to subdivide land for use as single-family dwellings, duplexes, or townhomes are governed primarily by Chapter 14D. Chapter 14D does not apply to applications for other uses.

B.

Approval to subdivide required: No land shall be subdivided that is located wholly or in part in Springdale, except in compliance with Town ordinances and Utah Code as adopted and amended.

C.

Compliance is a precondition to occupancy: A certificate of occupancy must not be issued until all required subdivision improvements have been accepted by the Town and the building and lot comply with the provisions of this title.

D.

Validity of subdivision: A subdivision of land is not valid unless its governing document is approved by the Land Use Authority and property recorded in the County Recorder's Office.

(Ord. No. 2024-09, 11-13-24)

The following words and phrases, as used in this Chapter, shall have the following meanings. Words and phrases not defined here have the meaning expressed elsewhere in Springdale municipal code or Springdale adopted plans (e.g., the General Plan or Transportation Master Plan), if not defined in municipal code or plans, the meaning defined in state code. Terms not defined in this Chapter, Title, municipal code or plans, or state code have their plain meaning.

Cut: Land surface which is reshaped by a person or machine through the removal of soil, rock or other materials.

Excavation: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground.

Facility owner: means the same as that term is defined in state law and includes a canal owner or associated canal operator contact described in different sections of state law.

Fill: A deposit of earth material by hand or mechanical means.

Geological hazard area: Land in the Town that is subject to any of the following conditions:

1.

A surface fault rupture;

2.

Shallow groundwater;

3.

Liquefaction;

4.

A landslide;

5.

A debris flow;

6.

Erosion;

7.

Unstable Soil;

8.

A rockfall; or

9.

Any other geologic condition that presents a risk to life, of substantial loss of real property, or of substantial damage to real property.

Grading: Any excavating or filling, or combination thereof.

Improvement plan: A plan to complete permanent infrastructure on the subdivision that is essential for the public health and safety, that is required for human occupation, or that is required by applicable law and that an applicant must install in accordance with public installation and inspection specifications for public improvements and as a condition of recording a subdivision plat.

Improvement warrant: An applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:

1.

Complies with the Town's written standards for design, materials, and workmanship; and

2.

Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.

Improvement warranty period: A period:

1.

No later than one year after a Town's acceptance of required landscaping; or

2.

No later than one year after a Town's acceptance of required infrastructure, unless the Town:

a.

Determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and

b.

Has substantial evidence, on record:

i.

Of prior poor performance by the applicant; or

ii.

That the area upon which the infrastructure will be constructed contains suspect soil and the Town has not otherwise required the applicant to mitigate the suspect soil.

Land use application: An application required by the Town and submitted by a land use application to obtain a land use approval; this does not mean an application to enact, amend, or repeal a land use regulation.

Land use authority: An individual, board, or commission appointed or employed by a municipality to make land use decisions. "Land Use Authority" includes any appropriately authorized designees.

Off-site construction: Any construction related to a subdivision which is not within the platted subdivision.

Off-site facilities: Facilities outside of the boundaries of the subdivision which are designed or located to serve the needs of the subdivision or adjacent properties; usually lying between a development and existing facilities.

On-site facilities: Facilities installed within, under or upon the public streets, or rights-of-way, within or on the perimeter of the subdivision or development site.

Person: A firm, association, organization, partnership, company or corporation, or any legal entity entitled to own property, as well as an individual.

Plat: An instrument subdividing property into lots as depicted on a map or other graphic representation of land that a licensed professional and surveyor makes and prepares in accordance with § 10-9a-603 or § 57-8-13 of Utah State Code (as amended).

Public landscaping improvement: Landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that:

1.

Will be dedicated to and maintained by the Town; or

2.

Are associated with and proximate to trail improvements that connect to planned or existing public infrastructure.

Resubdivision: The changing of any existing lot or lots of any subdivision plat previously recorded in the records of the county recorder.

Review Cycle: As used and further defined in 10-14D-8, the occurrence of:

1.

The applicant's submittal of a complete subdivision application;

2.

The Town's review of that subdivision application;

3.

The Town's response to that subdivision application, in accordance with Section 10-14D-8; and

4.

The applicant's reply to the Town's response that addresses each of the Town's required modifications or requests for additional information.

Review Period: The time between when an applicant submits a complete subdivision application (preliminary or final) and when that application is approved by the Land Use Authority or the Town exhausts its allotted review cycles, whichever is sooner.

State engineer's inventory of canals: The state engineer's inventory of water conveyance systems established in state law.

Subdivide: Any act or combination of acts that results in a subdivision, as that term is defined in this Chapter.

Subdivider: Any person who creates a subdivision.

Subdivision: Any land that is divided, subdivided, or proposed to be divided into two or more lots for the purpose, whether immediate or future, of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

1.

Subdivision includes:

a.

The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and

b.

Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

2.

Subdivision does not include:

a.

A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;

b.

A boundary line agreement recorded with the Office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with § 10-9a-524 of Utah State Code (as amended) if no new parcel is created;

c.

A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels or joining a lot to parcel;

d.

A lot line adjustment;

e.

A joining of one or more lots to a parcel;

f.

A road, street, or highway dedication plat; or

g.

A deed or easement for a road, street, or highway purpose.

Subdivision ordinance review: Review by the Town to verify that a subdivision application meets the criteria of the Town's ordinances.

Subdivision plan review: A review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with Town ordinances and applicable installation standards and inspection specifications for infrastructure improvements.

Subsurface drainage: Any system of pipes, canals, ditches, moats, etc., that intercept the groundwater and carry it to the Virgin River or other body of water.

Surface drainage: That amount of water runoff caused as a result of precipitation or irrigation.

Underground facility: This term means the same as that term is defined in state law.

Vicinity plan: A map or drawing to scale showing the physical relationship of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classification of all land within ¼ mile of the property proposed for development.

Water conveyance facility: This term means the same as that term is defined in state law.

(Ord. No. 2024-09, 11-13-24)

The purpose of the pre-application review is to give the applicant an opportunity to present a subdivision plan to the Planning Commission to get initial feedback and direction about ordinance compliance. The following steps or procedures are required to begin the subdivision process. The applicant may submit a complete preliminary plat application to combine the pre-application process with the preliminary plat process.

A.

Vicinity plan: The applicant must submit three copies of a vicinity plan to the Director of Community Development (DCD). The vicinity plan is a simple sketch of the proposed layout of streets, lots, and other features, including existing utilities and watercourses in relation to the existing and planned streets within one-fourth mile of the subdivision. The vicinity plan must be prepared at a scale of not smaller than one inch equals 200 feet (1" = 200').

B.

Initial review by Planning Commission: The Planning Commission will provide an initial review of the vicinity plan and advise the applicant of possible problems and areas where the proposed subdivision does not comply with ordinances of the Town. Any failure on the Planning Commission's part to identify noncompliance during the pre-application review does not constitute a waiver of the applicant's compliance with any requirement of the Town's land use code.

(Ord. No. 2024-09, 11-13-24)

An applicant must provide a preliminary plat for any proposed subdivision. For any subdivision of three or fewer lots, the applicant may prepare and submit final plat requirements concurrently with the preliminary plat for approval.

A.

Application; Contents: A subdivision application must include all the items below. For subdivisions which divide a parcel of land into three or fewer lots, the DCD may modify certain application requirements of this section, with Planning Commission approval, if they are not pertinent to the development or are unnecessary for evaluation of the safety of the development, by waiving such in writing.

1.

Completed application: Completed preliminary plat application.

2.

Feasibility study: The applicant must submit a feasibility study that demonstrates the feasibility of the proposed water and sewage systems necessary to meet the requirements of this Chapter, together with letters of feasibility from the local Health Department and the Sanitary Sewer Authority.

3.

Summary statement: Summary statement containing the following:

a.

Total area within the subdivision showing all phases;

b.

Total area of each lot;

c.

Total number of proposed dwelling units; and

d.

Estimated maximum drainage flow (100-year storm) through any natural courses lying within the area to be subdivided expressed in cubic feet per minute.

4.

Scaled drawing: A plan showing the proposed subdivision layout drawn at a scale of 1 inch = 50 feet, which shall show:

a.

North point, scale and date.

b.

The names and addresses of the applicant, the engineer and/or surveyor of the subdivision, and the owners of the land within 300 feet of the boundaries of the land to be subdivided.

c.

Proposed name of the subdivision, if applicable.

d.

The location of the subdivision as forming a part of the larger tract or parcel where the plan submitted covers only a part of the applicant's tract and a vicinity sketch.

e.

The boundary lines of the tract to be subdivided in heavy lines with reference to survey markers or monuments.

f.

The location, width and other dimensions of the existing or platted streets and/or easements, and buildings within the tract.

g.

The location, width and other dimensions of the proposed streets, lots, alleys, easements, parks and other open spaces with proper labeling of spaces to be dedicated to the public.

h.

Existing sanitary sewers, storm drains, water supply mains, easements and irrigation ditches and other waterways within the tract and within 100 feet of the boundary of the proposed subdivision.

i.

The boundary lines of the special flood hazard as defined in section 10-13A-5 of this title.

5.

Preliminary engineer drawings: Preliminary engineering drawings, including typical cross sections, and plans and/or written statements regarding width and type of proposed off-site and on-site water mains, sanitary sewers, drainage facilities and other proposed improvements such as sidewalks, curbs and gutters, parks and fire hydrants. The proposed location of all of the aforementioned improvements, if such improvements are required, must be shown on the preliminary plat.

6.

Contour map: A contour map tied to an identified USGS benchmark which has contour intervals of two feet to four feet for areas of less than ten percent slope, and contour intervals of five feet to ten feet for areas of ten percent or greater slope, unless otherwise required by the Planning Commission.

7.

Grading plan: A grading plan that meets the requirements of section 10-15B-10.

8.

Drainage study: The applicant shall submit a drainage study that meets the requirements provided in the Town's official Construction Design Standards and Details Manual, which is adopted herein by reference.

a.

Re-vegetation plan: A re-vegetation plan that meets the requirements of section 10-15B-8.

b.

Proof of interest, permission: Sufficient documentation to show the applicant has a vested interest in the subject property or has the owner's permission to subdivide must be presented with preliminary application.

c.

Irrigation clearance: For any subdivision that includes an irrigation ditch, canal, or other such waterway, the applicant must include a letter of agreement from the owner of said ditch, canal, or other waterway specifying any required improvements or possible relocation.

d.

Other: Any other report required by the Springdale Land Use Code.

e.

Traffic study: If required by the Planning Commission or the Town Engineer, the applicant must submit a traffic study from a licensed engineer that meets the requirements stated in the Town's Transportation Master Plan, which is adopted and incorporated as part of this title by reference.

f.

Measures to protect ecology: A report that describes the mitigating measures that will be taken with respect to the following:

i.

Control of erosion within the subdivision, and any measures taken as necessary due to impact by the development of the subdivision, to control erosion outside the boundaries of the subdivision;

ii.

Reseeding of cuts and fills;

iii.

Prevention of fire and control of dust;

iv.

Prevention of the accumulation of weeds and debris outside the boundaries of the subdivision due to impacts of the development of the subdivision; and

v.

Prevention of destruction of vegetation outside the boundaries of the subdivision due to impacts of the development of the subdivision.

B.

Review by Town officials: The DCD will review the preliminary plat and send it to the Planning Commission with written recommendations.

C.

Hearing, recommendation by Planning Commission: After holding a public hearing, the Planning Commission will assess whether the plat conforms to the land use code and recommend that the Town Council either approve, disapprove, or approve with modifications the preliminary plat.

D.

Hearing, decision of Town Council; Expiration of approval: After receiving a recommendation from the Planning Commission, the Town Council will hold a public hearing on any preliminary plat. The Town Council will determine whether the plat conforms to the Springdale Land Use Code and will approve, disapprove, or approve with modifications the preliminary plat. If the final subdivision plat is not approved within 12 months from the date the preliminary plat approval is granted, the preliminary plat approval will expire, unless the Town Council finds that the project has been diligently pursued toward completion and there has been substantial completion of improvements for the project, or within that 12-month time span the applicant applies for and receives from the Planning Commission an extension of the preliminary plat for an additional year.

1.

"Substantial completion" as used in this section is defined as the completion of any of the planned infrastructure or capital improvements for the subdivision. An extension request will be granted by the Planning Commission if the application is made within 12 months of the preliminary plat approval, there are no changes to the plat, and no subdivision improvements have been made. Any extension request, under this provision, will subject the preliminary plat to further review by the Planning Commission recognizing and considering any applicable zoning changes that have occurred since the original plat approval. If there are changes to the plat, they will need to be approved by both the Planning Commission and the Town Council. No fee will be charged for an extension request unless changes have been made to the plat, in which case the fee shall be as established from time to time by the Town Council. A subdivider may continue to extend the preliminary plat approval each year as described in this section for a maximum of three extension years. If the final subdivision plat is not approved by the conclusion of the third extension year, the preliminary plat approval will lapse. If an applicant has substantially completed improvements in the project, the preliminary plat will expire five years from the date such improvements were made.

2.

If a subdivider fails to submit an extension application within the time limit and has not substantially completed improvements on the project, the subdivider may make a one time request to the Town Council for consideration of an extension of the preliminary plat. The Town Council may choose to consider the request or reject the request. If the Town Council chooses to reject the request the preliminary plat approval will be deemed to have lapsed. If a preliminary plat approval has expired, a subdivider is required to make a complete resubmittal.

(Ord. No. 2024-09, 11-13-24)

The applicant shall prepare and submit a final plat, together with a completed application, the required fees, and either a policy of title insurance or a preliminary title report showing proof of ownership or right to title, and to allow effective dedication of streets and easements within the subdivision without boundary exceptions.

A.

Preparation of plat: A final plat must be prepared for any proposed subdivision, unless as specifically exempted or provided otherwise under state law or this title. The plat shall be drawn on a sheet of vellum or mylar having outside or trim line dimensions of 24 inches x 36 inches. The border line of the plat shall be drawn in heavy lines, leaving a margin of at least one and one-half inches on the left hand side of the sheet for binding, and at least one-half inch on the other three sides of the sheet. The plat shall be so drawn that the top of the sheet faces either north or east, whichever accommodates the drawing better. All lines, dimensions, and markings shall be made on the tracing linen with waterproof black ink. The actual map shall be made with a minimum scale of 1 inch = 50 feet. Details and the workmanship on finished drawings shall be clear and readable. A poorly drawn, incomplete or illegible plat may be rejected.

B.

Number submitted: The applicant shall submit one permanently reproducible copy and six prints of the final plat.

C.

Final plat application: The applicant must submit a completed final plat application and a plat that includes the items listed below. For a proposed subdivision of up to three lots, the DCD may modify or waive certain application requirements of this section, with Planning Commission approval, if they are not pertinent to the development or are unnecessary for the evaluation of the safety of the development.

1.

Subdivision name, location: Subdivision name, if applicable, and the general location of the subdivision.

2.

Map legend: A north point, scale and date.

3.

Bearing, monuments: Accurately drawn boundaries showing the proper bearings and division, properly tied to public survey monuments. These lines should be heavier than street and lot lines to clearly define said subdivision boundaries.

4.

Centerlines established: The names, width, lengths, bearings and curve data on centerlines of proposed public streets, alleys or easements.

5.

Public dedications: The boundaries, bearings and dimensions of all portions within the subdivision, as intended to be dedicated to the use of the public.

6.

Lots and blocks: All lots and blocks are to be numbered consecutively under a definite system. All proposed streets shall be named in accordance and in conformity with the street naming system of the Town.

7.

Reserved areas: The lines, dimensions, bearings and numbers of all lots, blocks and parks reserved for any reason within the subdivision.

8.

Watercourses: The location of existing watercourses.

9.

Official monuments: The description and locations of all monuments set and established by the county or the United States Government that are adjacent or near the proposed subdivision.

10.

Certified information: The typical forms acceptable to the Planning Commission lettered for the following:

a.

Description of land to be included in subdivision;

b.

Registered professional engineer and/or land surveyor's certificate of survey;

c.

Owner's dedication;

d.

Notary public's acknowledgment;

e.

Town Engineer's certificate of approval;

f.

Planning Commission Chairman and the Mayor's signatures on final plat, attested by the Town Clerk;

g.

Town Attorney's certificate of approval.

11.

Conformance with preliminary plat: The final plat must conform to the preliminary plat as approved or as approved with modifications, except where: a) the modifications to the final plat are a necessary result of significant changes in conditions beyond the control of the applicant; or b) the final plat includes a significant public amenity such as a pedestrian or river parkway or scenic or open space easement not previously included in the preliminary plat.

12.

Improvements: The final plat shall include an overall improvements drawing showing the location of the following:

a.

All sewer mains and manholes;

b.

All water mains, valves and fire hydrants;

c.

All culinary water lines and pressurized irrigation lines, ditches, canals and other waterways, along with any required improvements;

d.

The location of all curb, gutter, sidewalk and other street improvements to be constructed as required by this Chapter;

e.

All fences, barriers or landscaping as required by the Planning Commission;

f.

All special improvements required by the Planning Commission as conditions of subdivision approval;

g.

Location of all street name signs as required by the Town Engineer;

h.

The location of any dedicated open space as required by Chapter 19 of this title and a draft of the open space agreement.

13.

Water, sewer design: Drawings showing layout, profile and detailed design for sewer line, water lines and storm drains.

14.

Profile, cross section drawings: Plan profile and typical cross section drawings of all streets, bridges, culverts and other drainage structures and any additional requirements deemed necessary by the Town Engineer.

15.

Grading plan: Final grading plan that meets the requirements of section 10-15B-10.

16.

Re-vegetation plan: A re-vegetation plan that meets the requirements of section 10-15B-8.

17.

Erosion control: Erosion control plan when required by the Town Engineer as a result of the preliminary plat review.

18.

Conservation, open space agreement: Final draft of any required conservation easement or open space agreement that has been approved by the Town Council.

D.

Review by Planning Commission, hearing: The Planning Commission will hold a public hearing on the final plat. If the proposed subdivision is contiguous to property owned by a town, public service district, state or state agency, federal government or federal agency or other public entity, the applicant must provide written notification of the proposed subdivision to the entity. The applicant must submit a copy of the written notice to the public entity with the Planning Commission. If the final plat conforms to the preliminary plat as approved or approved with modifications, the Planning Commission shall recommend to the Town Council that they grant final approval. If the final plat differs from the approved preliminary plat, the Planning Commission may recommend to the Town Council approval, disapproval or approval with modifications of the final plat, as necessary to make the final plat conform to applicable Town ordinances. The Planning Commission's findings will be forwarded to the Town Council.

E.

Town Attorney approval; conditions: The applicant is not entitled to approval of the final plat unless if the Town Attorney determines that the following conditions are satisfied:

1.

A current title report from a licensed title company shows that the person dedicating the property described on the final plat is the title owner as shown on the records of the county recorder's office.

2.

The completion assurance required by the Town is in the appropriate form and signed by the necessary parties.

3.

That the subdivider has executed any subdivision improvement agreement required under Chapter 14B of this title.

4.

That the subdivision does not, in his or her opinion, violate any ordinance of the Town or the laws of the state or the rules and regulations promulgated pursuant thereto.

F.

Review by Town Council, hearing: After the Planning Commission has completed its review and provided a report to the Town Council, the Town Council will hold a public hearing and review the final plat. The Town Council will approve the final plat if it conforms to the preliminary plat as approved or approved with modifications and the plat conforms to the Springdale Land Use Code. If the final plat differs from the approved preliminary plat, the Town Council may approve, disapprove or approve with modifications of the final plat, as necessary to make the final plat conform to applicable Town ordinances.

G.

Final decision; signatures required: If the final plat is approved, the chair of the Planning Commission and the Mayor will sign the final plat.

H.

Recording: After the map or plat has been duly certified and approved by the Town Council, Mayor (attested by the Town Clerk), Town Engineer, and Town Attorney, and after a passing final inspection pursuant to this Chapter, the Town will file and record the approved final plat in the Washington County Recorder's Office.

I.

Phasing of plats: The final platting of subdivisions may be done in phases. Each phase shall consist of the number of lots which can be completely developed with off-site improvements within a 12-month period. If the roads and utilities are not established within 12 months, the plat will be considered null and void, and the subdivider will have to submit a reapplication unless an extension has been approved as provided for in this Chapter.

(Ord. No. 2024-09, 11-13-24)

A.

Preservation in design, development: The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil, trees and vegetation.

B.

Control of water, storm runoff: During grading or construction on any property, including off-site construction, the developer shall control water used for construction and storm runoff in such a manner as to not affect any adjoining properties, nor add silt or debris to any existing storm drain, wash, channel, or roadway.

C.

Gated communities prohibited:

1.

Findings: As documented in the Springdale General Plan, the Town Council finds that gated access into subdivisions detracts from the Town's village character by creating an image of exclusivity and disconnection from the larger community. Gated access into subdivisions compartmentalizes the community into separate and distinct sub-communities and detracts from the cohesive spirit of community envisioned in the General Plan. The Town Council further finds that gated access into subdivisions can make pedestrian and bicycle travel through the Town more difficult, in opposition to General Plan strategies that seek to expand access for pedestrian and bicycle travel.

2.

Gates: No person may install a gate or other similar structure, or make significant improvements (other than routine maintenance and upkeep) to gates existing at the time this regulation is adopted, designed to limit access into the subdivision across any road, street, lane, historical access, easement, trail, or other similar access leading into the subdivision.

(Ord. No. 2024-09, 11-13-24)

A.

Building site on each lot: Each lot within a proposed subdivision must be of a size, shape, topography, and other minimum requirement under the applicable zoning that a home or other building could be constructed on the lot in accordance with the Town's land use code. The lot arrangement, design, and shape shall be such that each lot has a buildable area of land that will allow for development that conforms to requirements set forth herein.

B.

Lot sizes:

1.

All lots shown on a subdivision plat must conform to the minimum requirements of this title and for the zone in which the subdivision is located, unless otherwise approved as either a planned development provided for under the planned development overlay zone under Chapter 13, Article C of this title or as a moderate income housing development as provided in Chapter 13, Article D of this title.

2.

Sewage disposal systems shall be as set forth in section 8-4-8 of this Code.

C.

Frontage on public streets: Each lot must abut a street dedicated by the subdivision plat or an existing publicly dedicated street which is at least 22 feet wide, except when approved by the Planning Commission as either a private lane, private street, private road or flag lot in accordance with Chapter 25 of this title.

D.

Corner lots: Corner lots shall have dimensions sufficient for the maintenance of required building setback lines on both streets, along with sufficient area to comply with area requirements of this title.

E.

Parts of lots: All remnants for lots below minimum size, leftover after subdividing a larger tract, must be attached to adjacent lots or permanently dedicated for public or common use, and evidence of such attachment or dedication submitted prior to the approval of the final plat. Each lot within a subdivision must meet the requirements of the zone in which it is located, unless approved as either a planned development overlay zone under Chapter 13, Article C of this title or a moderate income housing development overlay zone under Chapter 13, Article D of this title.

(Ord. No. 2024-09, 11-13-24)

The applicant must pay all application- and subdivision-related fees as determined by Town Council resolution from time to time. In addition, the applicant must reimburse the Town for all attorney's fees and engineer costs related to the subdivision platting, recording, and inspection of subdivision improvements.

(Ord. No. 2024-09, 11-13-24)

Every approved subdivision must be constructed, developed, or otherwise completed according to the provisions of this title, in conformance with the approved final plat and supplementary documents pertaining to such subdivision. The subdivider and any successor, if any, shall ensure that such improvements are correctly constructed, installed, or otherwise completed. Failure to comply with this provision shall constitute grounds for immediate termination of all work activity associated with such subdivision. Before resumption of work activity, the subdivider and any successor must agree, in writing, to pay for the reconstruction of any improvements that are not in conformance with the provisions of the title. The Town may withhold the security guaranteeing improvements until the reconstruction is complete.

(Ord. No. 2024-09, 11-13-24)

The Town will act on any petition to vacate or amend a subdivision plat in accordance with state law and this Chapter. A hearing will be held only if it is required under state law. If the Town Council finds that the requirements under state law have been satisfied, the Town Council may approve the vacation or amendment of the plat.

(Ord. No. 2024-09, 11-13-24)

A.

Two or more abutting lots may be consolidated into one lot or parcel only if approved by the Town in accordance with this section. If a plat is approved under this section, the only signature required for the Town's approval of the plat is the DCD's signature.

B.

To apply for a consolidation under this section, the applicant must submit the following:

1.

An application on a form that is provided by the Town; and

2.

An amended plat that meets the requirements of U.C.A. Title 10, Chapter 9a, Section 608.

C.

DCD review: The Director of Community Development (or a designee) will determine whether the application is complete and whether the plat is consistent with the regulations of this title. The Director of Community Development will approve and sign the amended plat if:

1.

The lot consolidation complies with this title;

2.

The consolidated lot will not be in violation of any provision of this title; and

3.

The consolidation will not alter or amend the exterior boundaries of a previously recorded subdivision.

D.

Recording; expiration: The applicant shall record an approved and fully executed plat once it is received. The Town's approval for a lot consolidation is valid only upon the recording of an approved plat. The Town's approval will expire 90 calendar days from the date the Town approves the amended plat.

(Ord. No. 2024-09, 11-13-24)

A.

The owners of record on adjacent parcels that are described by either a metes and bounds description or a recorded plat may exchange title to portions of those parcels or make lot line adjustments if the exchange of title or adjustment is approved by the Director of Community Development in accordance with this section. The Director of Community Development may forward an application for a lot line adjustment to the Planning Commission for its consideration and approval if the Director of Community Development determines that the adjustment may have an impact on the health, safety, or general welfare of the surrounding properties, property values, or residents.

B.

An application for a lot line adjustment must include the following:

1.

A scaled drawing showing the proposed lot line adjustment, including the location of adjacent streets, the location of each lot affected by the adjustment, lot dimensions and lot sizes of the subject properties before and after the proposed lot line adjustment, and any other information deemed necessary by the Director of Community Development to determine whether the proposed adjustment will result in a violation of applicable zoning requirements;

2.

A legal description of the proposed lot line adjustment prepared by a licensed surveyor; and

3.

If the lot line adjustment affects any public utility easements, a Disclaimer of Easement Verification Form provided by the Town, signed by each affected utility necessary to vacate a public utility easement.

C.

The Director of Community Development (or the Planning Commission, if applicable) will approve a lot line adjustment under this section if:

1.

No new dwelling lot or housing unit will result from the lot line adjustment;

2.

The exchange of title will not result in a violation of applicable zoning requirements; and

3.

Any affected public utility easements have been vacated or modified as necessary to conform to the new lines.

D.

If an exchange of title is approved under this section, a notice of approval must be recorded by the Director of Community Development in the Washington County Recorder's Office which:

1.

Is executed by each owner included in the exchange and by the Director of Community Development;

2.

Contains an acknowledgement for each party executing the notice in accordance with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgements Act; and

3.

Recites the descriptions of both the original parcels and the parcels created by the exchange of titles.

E.

A notice of approval recorded under this section does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property.

F.

Following the approval of the lot line adjustment, the applicant is responsible to record the necessary title conveyance documents with the Washington County Recorder's Office.

G.

A property owner who obtains approval for a lot line adjustment in accordance with this Chapter is exempt from the platting requirements of section 10-14-4 as they relate to the lot line adjustment.

(Ord. No. 2024-09, 11-13-24)

Any plat of a subdivision filed or recorded without the approvals required by this title is void. Any owner or agent of the owner of any land located in a "subdivision", as defined in this Chapter, who offers for sale or who transfers or sells any land in that subdivision or any possessory interest therein before a final plat of the subdivision has been approved and recorded as required in this Chapter, is guilty of a class C misdemeanor and subject to penalty as provided in section 1-4-1 of this Code. A description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from a violation or from the penalties or remedies provided in this Chapter.

(Ord. No. 2024-09, 11-13-24)

Each applicant for approval of a subdivision or planned development shall pay a review fee as shall be set by resolution of the Town Council to help defray the cost of the Town of reviewing the plans and making a determination as to whether or not the proposed subdivision or planned development complies with all applicable ordinances. This review fee will not be refundable, whether or not the subdivision is approved.

(Ord. No. 2024-09, 11-13-24)