The intent of this chapter is as follows:

   A.   To facilitate the orderly development of the Town.

   B.   To implement the Town Major Street Plan.

   C.   To facilitate the development of a safe and efficient street system.

   D.   To facilitate the orderly transfer of the ownership of building sites in a manner consistent with State law.

   E.   To ensure the providing of adequate water, sewer, drainage, utilities and other services to developing areas of the Town.

   F.   To establish the rights, duties and responsibilities of subdividers with respect to the development of land within the Town. (Ord. 17-02, 3-16-2017)

No person shall subdivide any tract of land within the incorporated limits of the Town, nor shall any person sell, exchange, purchase or otherwise convey a parcel of land which is part of a larger tract, if such sale or agreement would have the effect of creating a subdivision, as defined in section 10-2-1 of this title, unless and until a final plat, prepared in accordance with the provisions of this chapter, shall have been first approved by the Planning Commission and Town Council and recorded in the Office of the County Recorder. (Ord. 17-02, 3-16-2017)

   A.   Presubmission Conference: Any person wishing to subdivide land within the Town shall secure from the Planning Commission or their designated representative information pertaining to the requirements for subdivisions and the Town plan of streets, parks, drainage, zoning and other Master Plan requirements affecting the land to be subdivided.

   B.   Prepare And Submit Concept Plan:

      1.   The subdivider shall then prepare a Concept Plan and shall submit seven (7) copies of the same to the Planning Commission not less than seven (7) days prior to the next regularly scheduled Planning Commission meeting. Said plan shall be prepared in accordance with Town standards.

      2.   Where a subdivider owns or controls more land than he proposes to submit for preliminary approval, the Planning Commission may require that a Concept Plan for the larger area be submitted. Said plan shall indicate the portion proposed to be submitted initially for preliminary approval and the portion to be held for future submission.

   C.   Planning Commission Approval Of Concept Plan:

      1.   The Planning Commission shall review the Concept Plan and shall act to:

         a.   Approve the plan;

         b.   Disapprove the plan;

         c.   Approve the plan subject to modification; or

         d.   Where considered necessary or desirable, act to table further consideration of the plan.

      2.   Approval of the Concept Plan shall not be construed to constitute approval of the subdivision, but shall be deemed as an expression of acceptance of the basic concept and feasibility of the proposed subdivision, which the subdivider may use as a guide in the preparation of the preliminary plan.

   D.   Prepare Preliminary Plan And Improvement Drawings: Upon approval of the Concept Plan by the Planning Commission, the subdivider shall prepare a preliminary plan of the subdivision and shall submit seven (7) copies of the same to the Planning Commission not less than seven (7) days prior to the next regularly scheduled Planning Commission meeting. The preliminary plan shall be prepared in accordance with the provisions of subsection 10-14-4B of this chapter. The Concept Plan and preliminary plan may be submitted concurrently.

   E.   Planning Commission Approval Of Preliminary Plan:

      1.   The Planning Commission shall review the preliminary plan and shall act to:

         a.   Approve the plan;

         b.   Disapprove the plan;

         c.   Approve the plan subject to modification; or

         d.   Where considered by the Planning Commission to be necessary or desirable, act to table further consideration of the plan.

      2.   Approval by the Planning Commission shall be granted upon a finding that:

         a.   All plans and other materials required for consideration have been submitted in a form suitable for evaluation, and all preliminary plan review and processing fees have been paid;

         b.   The plan conforms to the design standards for subdivisions;

         c.   The design adequately recognizes the natural and man caused conditions on or in the vicinity of the proposed subdivision;

         d.   Each lot conforms to the requirements of the zone and will adequately be serviced;

         e.   The arrangements of roads, lots, easements and other elements will provide adequate circulation and access and will result in a healthy, safe and attractive living environment;

         f.   The utility system serving the areas has sufficient capacity to provide adequate utility service to the development;

         g.   The subdivision layout will be consistent with the major street plan and other applicable elements of the major plan for the area. Where new streets intersect with County or State roads or streets, permission must be obtained from the proper authority on their letterhead.

      3.   The action of the Planning Commission shall be written on the face of two (2) copies of the plan, one (1) of which shall be retained in the files of the Planning Commission, and one (1) of which shall be returned to the subdivider. If the plan is disapproved, the Planning Commission shall express its reason therefor to the subdivider. Upon approval of the preliminary plan, the Planning Commission shall be committed to grant approval of the final plat, subject to full compliance with any conditions attached, unless, in the opinion of the Planning Commission, the preliminary approval was given based on inaccurate or incomplete representations, or changes have occurred in conditions relating to the property which were not known or present at the time preliminary approval was given, and which would result in a significant detrimental effect to the public if the project were carried out as initially presented. Approval of the preliminary plan shall remain valid for a period of one (1) year. Said approval may be extended or reaffirmed by the Planning Commission for a period not to exceed one (1) year, upon receipt of a written request from the owner.

   F.   Prepare And Submit Final Plat, Engineering Drawings And Documents: Upon approval of the preliminary plan by the Planning Commission, the subdivider shall prepare the final plat, final engineering drawings and documents and shall submit the same to the Planning Commission not less than seven (7) days prior to the next regularly scheduled Planning Commission meeting. The final plat and other required drawings and documents shall include the materials set forth in subsection 10-14-4C of this chapter and shall be prepared in accordance with Town standards. Failure to submit the final plat and materials in accordance with said standards shall be grounds for denial.

   G.   Planning Commission Action On Final Plat:

      1.   The Planning Commission shall review the final plat, final engineering drawings and other required submissions, and shall act to:

         a.   Approve the plat;

         b.   Disapprove the plat;

         c.   Approve the plat subject to modifications; or

         d.   Where considered by the Planning Commission to be necessary, table further consideration of the plat.

      2.   Upon approval by the Planning Commission, the Chairperson shall approve and sign the plat and forward it to the Town Council with the recommendation that the plat be approved and the proposed dedications accepted.

   H.   Subdivider Posts Performance Guarantee: Upon approval by the Planning Commission, the subdivider shall proceed to post or make arrangements suitable to the Town for posting a bond or other financial assurance guaranteeing construction of the required improvements. Said performance guarantee shall be in conformance with the provisions of chapter 15 of this title.

   I.   Town Council Action On Final Plat: Upon receipt of the final plat bearing all required signatures, and also submission of evidence of ability to satisfy the performance guarantee requirements, the Town Council shall consider the plat and performance guarantee and shall act to approve or disapprove the plat or approve it with modification. If disapproved, the Town Council shall state its reason therefor to the subdivider. If modifications are required, such modifications must first be referred to and accepted by the Planning Commission. If approved, the plat shall be signed by the Town Council and retained for recording. The signature of the Town Council on the final plat shall constitute final approval.

   J.   Recording Of Final Plat: Upon approval of the final plat and performance guarantee, compliance with any conditions attached to the approval and receipt of the executed documents and all other outstanding submissions and fees, the Town shall submit the plat for recording in the Office of the County Recorder and the Town authorized representative may thereafter issue a building permit for the construction of the subdivision improvements. Upon the recording of the plat, the owner may thereafter proceed to convey title to the lots as described by the plat.

   K.   Releases Of Performance Guarantees: All partial and final releases of performance guarantees shall be approved by action of the Town in accordance with the provision of section 10-15-3 or 10-15-4 of this title, as applicable. The granting of the final release by the Town Council shall constitute the acceptance of the improvements by the Town.

   L.   Release Of Durability Retainer: At the conclusion of the durability guarantee period and subject to compliance with the provisions of section 10-15-6 of this title, the Town Council shall authorize the release of the improvements durability from any obligation with respect to the improvements. (Ord. 17-02, 3-16-2017)

   A.   Concept Plan: The Concept Plan shall consist of the following:

      1.   A plan of the entire project area drawn at a scale of not smaller than one inch equals two hundred feet (1" = 200') and showing the general layout of the proposed subdivision and its relationship to the adjacent properties; the location of each proposed lot; the location, width and general configuration of proposed roads in the subdivision, and their relationship to the existing road system and major street plan; and major canals and water sources in the vicinity.

      2.   A written verbal statement indicating the intent and manner for complying with the improvements guarantee, any irrigation system and similar requirements.

      3.   Evidence of payment of the subdivision application fee.

   B.   Preliminary Plan:

      1.   The preliminary plan shall consist of the following:

         a.   A layout plan, drawn at a scale of not less than one inch equals one hundred feet (1" = 100') and showing the following:

            (1)   The boundary lines of the tract proposed to be subdivided;

            (2)   A contour map or appropriate intervals when required by the Planning Commission;

            (3)   The location, width and other applicable dimensions of all proposed lots, streets, easements, open space areas and indicating all territory proposed for dedication to the Town;

            (4)   The location of all existing and proposed canals and major ditches, bridges, culverts and drains;

            (5)   The size and location of all existing and proposed water mains, fire hydrants, storm drainage, curb, gutter and sidewalk, improvements, irrigation lines and ditches and appurtenant improvements of any other proposed or required facilities;

            (6)   The proposed location of the building setback lines.

         b.   Preliminary engineering drawings showing the proposed cross section for all streets within or adjacent to the subdivision, including the placement of blacktop, curb, gutter, sidewalk, water lines and other street improvements, the proposed road grades (when required by the Planning Commission), irrigation pipes and ditches and the proposed engineering treatment of any proposed canal or ditch piping and any culverts and bridges, stormwater retention facilities or other significant engineering features.

         c.   A statement indicating the type of performance guarantee proposed to be offered as security for construction of the required public improvements.

         d.   Evidence of ability to satisfy any irrigation system and water rights conveyance requirements.

         e.   In areas not serviceable by the Stockton sewer system, a notice of acceptability of the area to accommodate septic tanks is required as evidenced by a letter from the Tooele County Health Department, when applicable. Otherwise, all new subdivisions will be required to connect to the Town sewer system.

         f.   EPA soil sample results.

         g.   Evidence of payment of all preliminary plan submission and processing fees.

         h.   Any other materials of information required by the Planning Commission.

      2.   Failure to submit the required material in accordance with the above standards and requirements shall be grounds for denial.

   C.   Final Plat And Engineering Drawings:

      1.   The final plat and plans shall consist of the following:

         a.   The original final plat mylar prepared on the forms approved by the County Recorder for use in the County.

         b.   One (1) duplicate mylar of the final plat, together with the required number of paper copies.

         c.   Copies of the final engineering drawings.

         d.   Documents indicating full compliance with any irrigation system and water rights conveyance requirements.

         e.   An itemized estimate of the cost of construction of all required improvements. This estimate shall be used as the basis for setting the amount of the performance guarantee.

         f.   Final copies of the performance guarantee documents.

         g.   A title report, covering the property within the final plat area, to identify all interests in the property which have an effect on the title, and to establish that the land proposed for subdivision is free of boundary conflicts (when required by the Town Council).

         h.   Final copies of all required documentation, as applicable.

         i.   Evidence of payment of final plat checking and recording fees.

      2.   Failure to submit the above final plat materials shall be grounds for denial. (Ord. 17-02, 3-16-2017)

The layout and design of all subdivision developments and the content of all plats, engineering plans, documentation and other required submission should be in accordance with the standards as contained herein and/or as may be adopted by the Town pursuant to the provisions of subsection 10-14-8A of this chapter.

   A.   Streets And Roads:

      1.   General Criteria:

         a.   Subdivision Plans Consistent With Street Plan: Subdivision plans shall be consistent with the Master Street Plan as adopted by the Town, as follows:

            (1)   Collector Streets (Feeder): Where the area of a proposed subdivision includes any collector class streets as shown on the Major Street Plan, the subdivision plan shall incorporate such in the location shown on the Street Plan and the approval of the final plat shall include the dedication of the right- of-way and its improvements in accordance with the applicable Town standards.

            (2)   Minor Streets (Local Service): Where the area of a proposed subdivision includes any minor class streets, as shown on the Major Street Plan, the subdivision plan shall provide for such street in the approximate location shown on the Street Plan and the approval of the final plat shall include the dedication of the right-of-way and its improvements in accordance with the applicable Town standards. (Any proposed street that would intersect with any composed street that would intersect with any County or State street must have permission from them on their letterhead.)

            (3)   Deletion Or Realignment: No subdivision plan which proposes the deletion or significant realignment of any street shown on the Major Street Plan shall be given preliminary approval unless and until the Plan shall have been amended in accordance with State law.

         b.   Relationship To Adjacent Streets: The proposed street system shall properly align and be compatible with adjacent streets.

         c.   Access To Adjacent Properties: In order to facilitate the development of an adequate and convenient circulation system within the Town and to provide access for the logical development of adjacent properties, the Town may, as a condition of approval, require the subdivision plan to include one (1) or more temporary dead end streets (stub streets) which extend to the boundary of the subdivision. All such stub streets shall be fully developed to the boundary of the subdivision. Any plan for the subsequent development of the adjacent property shall provide for the continuation of any such stub street.

      2.   Right-Of-Way Width: The minimum width of right-of-way for streets shown on the Major Street Plan shall conform to the width as designated on the Plan. The minimum right-of-way width for the streets not shown on the Plan shall be as follows:

 

 

      3.   Surfacing And Width Of Streets: All streets within and adjacent to the subdivision shall be hard surfaced. The width of the hard surfacing and the location and type of other required street improvements shall be in accordance with applicable street cross section standards adopted by the Town Council.

      4.   System Design Standards For Streets And Roads:

         a.   Reverse Curves: Reverse curves shall have a tangent of at least one hundred feet (100'), unless in the opinion of the Planning Commission such is not necessary.

         b.   Street Intersection: Streets shall intersect each other as nearly as possible at right angles. Minor streets shall approach the major or collector streets at an angle of not less than eighty degrees (80°). Offset in street alignment of more than fifteen feet (15') or less than one hundred twenty feet (120') shall be prohibited.

         c.   Street Grades: The maximum grade of any street in the subdivision shall be eight percent (8%). Where the observance of this standard is not feasible, the Town Council, subject to the prior recommendation of the Planning Commission, shall have the power to grant an exception when special pavement surfaces and adequate leveling areas are installed and in the opinion of the Town the best subdivision of the land is thereby secured.

         d.   Street Curves: Where the street lines within a block deflect from each other at any one (1) point more than ten degrees (10°), there should be a connecting curve. The radius of the curve for the inner street line should be not less than three hundred fifty feet (350') for collector class streets, two hundred fifty feet (250') for an important minor class street, and one hundred feet (100') for minor streets.

         e.   Curbs: Where curbs are required, said curbs at intersections shall be rounded with curbs having a minimum radius or fifteen feet (15') for minor streets and twenty five feet (25') for collector streets. Property lines at street intersections should be rounded with a curve where necessary to fit the curb radius.

         f.   Street Names: New street names should not duplicate those already existing. A street obviously a continuation of another already in existence should bear the same name. Before the street is named, the proposed name must be submitted to and approved by the Town.

         g.   Cul-De-Sacs: Cul-de-sacs (dead end streets) shall be used only where unusual conditions exist which make other designs undesirable. Each cul-de-sac shall have a minimum right-of-way width of sixty feet (60') and must be terminated by a turnaround of not less than one hundred feet (100') in diameter. The maximum length of a cul-de-sac street shall be four hundred feet (400'). Surface water must drain away from the turnaround, except that where surface water cannot be drained away from the turnaround along the street due to grade, necessary catch basins and drainage easements shall be provided.

         h.   Easements: Easements of not less than eight feet (8') on each side of rear lot lines and side lines will be required where necessary for poles, wire, conduits, sewers, gas and water mains, and other public utilities. Easements of greater width may be required along property lines where necessary for surface overflow or for the extension of main sewers or similar utilities.

   B.   Block Design Standards:

      1.   Length: The maximum length of blocks generally shall be eight hundred feet (800'), and the minimum length of blocks shall be four hundred feet (400'). In blocks over eight hundred feet (800') in length, the subdivider may be required to dedicate a walkway through the block at approximately the center of the block. Such walkways shall not be less than ten feet (10') in width.

      2.   Width: The width of blocks generally shall be sufficient to allow three (3) tiers of lots with lots being one hundred twenty feet (120') in width.

      3.   Use: Blocks intended for business or industrial use shall be designed especially for such purposes with adequate space set aside for off-street parking and delivery facilities.

   C.   Lot Design Standards:

      1.   Building Sites: The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings, be properly related to topography and conform to requirements set forth herein. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage, which would be unusable for normal purposes.

      2.   Conformance To Zoning Provisions: All lots shown on the subdivision plat must conform to the minimum requirements of the zone in which the subdivision is located.

      3.   Corner Lots: Corner lots shall have ten feet (10') extra width to accommodate the additional setback requirements.

      4.   Angle Of Lot Lines: Side lot lines shall be approximately at right angles, or radial to the street line, except where topographic conditions make it advisable to have side lot lines deflect at sharper angles.

      5.   Remnants Of Lots: All remnants of lots below minimum size left over after subdividing a larger tract must be attached to adjacent lots rather than allowed to remain as unusable parcels. Protection strips shall not be permitted.

      6.   Multiple Ownership Of Lots: Where the land covered by a subdivision includes two (2) or more parcels in separate ownership and the lot arrangement is such that a property ownership divides one (1) or more lots, the land in each lot so divided shall be transferred by deed to single ownership before approval of the final plat, and such transfer recorded in the County Recorder's Office before being certified to the Planning Commission by the subdivider or the subdivision shall be considered as a joint project and the final plat shall be signed by all affected property owners.

      7.   Water, Sewer, Irrigation: Each lot within the subdivision shall be served by the Town water system through lines providing flow for both culinary and fire purposes. Each lot within the subdivision shall be served by the Town sewer system, except that the Town may authorize the development of a subdivision project utilizing septic tanks or other individual disposal facilities where it is determined that connection of the subdivision project to the sewer system is not reasonably feasible. Each lot in the subdivision may be served by an approved irrigation system.

      8.   Culinary Water And Irrigation Systems:

         a.   Culinary: All subdivision development applications shall dedicate to the Town, as part of the development approval process, documented and perfected water rights sufficient to service the water needs of the development. All subdivision development must hire an Engineer to test their water system to see if there will be enough pressure to service the water system. All culinary system plans must be approved by the State before construction and after construction. "Water rights sufficient to service the water needs of the development" shall be defined, for residential development, as 1.32 acre-feet per dwelling, assuming a twelve thousand (12,000) square foot lot. This figure is based on State standards and Town historical usages of 0.675 acre-feet of water for indoor use, and 0.645 acre-feet of water for outdoor use, the latter figure being subject by the Town Council or the Town appointed Engineer for lot size variations and water conserving landscaping, or as determined by State regulations.

         b.   Irrigation: Each lot in the subdivision may be served by an approved irrigation system. (Ord. 17-02, 3-16-2017)

   A.   Required; Specifications: The improvements set forth under subsection C of this section shall be required to be installed for all areas shown on the final plat. The required improvements shall meet minimum Town standards for design and quality of materials and shall be installed in accordance with minimum Town standards and specifications as provided in subsection 10-14-8A of this chapter, as directed by the Town. The placement and design of required improvements shall be shown on the preliminary plan.

   B.   Time Limit For Installation; Performance Guarantee:

      1.   Time Limit: The subdivider should install all improvements. Improvements not in place prior to the approval of the final plat by the Town Council have one (1) year from the date of final approval to be completed; provided, however, that upon a showing of good and sufficient cause, the Town Council may approve a longer period of time for completing construction of part or all of the uncompleted improvements if performance guarantees/bonds are funded and secure to complete the subdivision improvements.

      2.   Performance Guarantee: A performance guarantee securing the installation of all required improvements which have not been completed and accepted by the Town Council prior to final plat approval shall be required as a condition of the final plat approval. The performance guarantee shall be in accordance with the provisions of chapter 15 of this title.

   C.   List Of Required Improvements: The minimum improvements required for subdivisions within the Town shall be as follows:

      1.   Streets And Roads: All streets, roads and vehicular travelways shall be dedicated to the Town for use by the public and shall be improved in conformance within the Town standards for pavement, sidewalks, curbs and gutters, except that curb, gutter and sidewalk improvements may not be required for subdivisions, or portions thereof, adjacent to streets which are owned by the Town. The Planning Commission may recommend that the Town Council waive the sidewalk, curb and gutter requirements for subdivisions in rural and agricultural zones. Alternatives may be required, such as, but not limited to, pathways and rolled gutters.

      2.   Culinary Water: Culinary water service shall be provided to the subdivision and each lot therein, as follows:

         a.   Where the subdivision is not adjacent to an existing Town water main, which is adequate to supply the development, the subdivider shall install one (1) or more lines connecting the subdivision with the closest adequate Town lines. Said off- site lines shall be considered as part of the required subdivision improvements.

         b.   Both off-site and on-site water mains and appurtenant valve and facilities shall be adequate to meet both culinary and fire flow requirements. In no case shall the water mains be less than six inches (6") in diameter.

         c.   To the maximum extent possible, water mains shall be located in the right-of-way lines of public streets in the locations specified by Town standards. Said mains shall be extended to the boundary of the territory shown in the final plat, including any stub streets required to provide for future access to adjacent property.

         d.   Water service laterals shall be installed to each lot within the subdivision. The lateral shall extend from the main line to the outer edge of the right-of-way and shall include the installation of a meter box and meter setter.

      3.   Fire Hydrants: All subdivisions shall have fire hydrants installed in such a manner that no dwelling unit on a lot will be more than three hundred feet (300') distance from the closest hydrant, measured along the street.

      4.   Sewers: Each lot within the subdivision shall be connected to and served by the Town sewer system:

         a.   Where the subdivision is not adjacent to an existing/future Town sewer main, which is adequate to serve the development, the subdivider shall install one (1) or more mains connecting the subdivision with the closest most adequate main. Any required off-site main shall be considered as part of the required subdivision improvements to serve the development.

         b.   Both off-site and on-site sewer mains and appurtenant manholes and facilities shall be adequate to meet both existing and future needs for the area. In no case shall the sewer main be less than eight inches (8") in diameter or as approved by the Town appointed engineer.

         c.   To the maximum extent possible, sewer mains shall be located in the right-of-way lines of public streets in the locations specified by Town standards. Said mains shall be extended to the boundary of the territory shown in the final plat, including any stub streets required to provide for future access to adjacent property.

         d.   Sewer service laterals shall be installed to each lot within the subdivision. The lateral shall extend from its connection to the sewer main to the outer edge of the right- of-way.

      5.   Irrigation Water System: Each lot within the subdivision may be served either by the Town pressurized irrigation system or by an approved irrigation system.

      6.   Electric And Telephone: Electric power and telephone lines shall be provided to each lot. All lines and appurtenant facilities shall be located underground, except when the subdivider can show that the placement underground is not practically feasible.

      7.   Street Signs: Street signs shall be installed at all locations indicated on the preliminary plan. The location and design of said signs shall conform to minimum Town standards.

      8.   Storm Drains And Facilities: To the maximum extent possible, surface water produced from the subdivision development shall be properly disposed of within the boundaries of the subdivision through the use of sumps or other site techniques. All sumps, culverts, drains and other facilities for collection and disposal of surface water shall be installed as directed by the authorized Town representative.

      9.   Environmental Hazards: Adverse environmental conditions must be eliminated or accommodated as follows:

         a.   Soils:

            (1)   The placement of streets and building sites on areas of unstable soil shall be prohibited.

            (2)   Soils with significant erosion hazards shall be protected. Erosion control measures may be imposed as a condition of subdivision approval.

            (3)   Soil sampling to meet EPA regulations.

         b.   Flooding:

            (1)   All subdivision proposals shall be consistent with the need to minimize flood damage and in accordance with the Town flood hazard mitigation legislation as provided in title 11 of this Code.

            (2)   The subdivision layout shall make adequate provision for natural drainage channels and floodways.

            (3)   All water, sewer and other utility systems and facilities located in designated flood areas shall be designed and constructed to minimize flood damage, including the infiltration of floodwater into the system, or discharge of the system into the floodwaters.

         c.   Other Adverse Conditions: Where applicable, other adverse environmental conditions must also be eliminated or adequately accommodated. The additional conditions shall include, but not be limited to, seismic, landslide and ground water.

      10.   Street Lights: Within subdivisions, the responsibility for providing street lights lies with the developer of the subdivision, not the Town. If a subdivision plan does not provide for street lights, it shall be so written on the plat for that subdivision. If the future property owners desire street lights, the cost of installing these improvements will be responsibility of the property owners themselves and not the Town.

      11.   Permanent Survey Monuments: No less than two (2) permanent survey monuments are required and the location of the monuments shall be shown on the final plat. Also, all corners on the subdivision shall be marked. (Ord. 17-02, 3-16-2017)

Costs and charges in connection with the planning and development of subdivisions shall be borne by the subdivider. (Ord. 17-02, 3-16-2017)

   A.   Standards And Specifications: The Planning Commission shall prepare standards and specifications for the content of subdivision plans and for the layout, design and construction of subdivisions and required improvements. Said standards and specifications shall be adopted by resolution of the Town Council. All such requirements shall be considered the minimum standards, which must be met and shall apply to all subdivisions.

   B.   Streets Dedicated: All streets shall be dedicated for public use and shall conform to the minimum standards for width and improvement, except that the Town Council may accept the dedication of partial width streets, provided:

      1.   The street is located at the border of the subdivision.

      2.   The width proposed for dedication shall be sufficient to accommodate the minimum travelway and all utility systems as set forth in Town standards.

      3.   There are not existing conditions which would prevent the subsequent development of the remaining portion of the street.

      4.   Construction of a partial width street at the proposed location will not create unsafe or hazardous conditions.

   C.   Lots Abut On Public Street: Each lot in a subdivision shall abut on a street dedicated to the Town by the subdivision plat, or an existing dedicated public street, and is more than sixty feet (60') wide.

   D.   Amended Plats:

      1.   The entire plat or portion effected by the proposed change shall be vacated in accordance with the procedure set forth in Utah Code Annotated section 10-9a-608, as amended; and

      2.   A new plat of the affected area, showing the proposed changes, shall have been approved by the Planning Commission and Town Council and filed in the Office of the County Recorder in accordance with procedures and requirements of this title.

   E.   Work Done By Engineer Or Surveyor: All engineering work must be done by, or under direction of, a professional Engineer registered in the State. All land survey work must be done by, or under the direction of, a Land Surveyor registered in the State.

   F.   Drawing Of Record Required: Plans showing the location, size, grade and depth of all water and sewer mains, valves, manholes and other subsurface utility and service lines and facilities shall be required prior to the release of performance guarantees.

   G.   Variances: The Appeal Authority may authorize variances to the strict applications of the standards and specifications adopted pursuant to subsection A of this section after recommendation from the Planning Commission. Such variances will be granted only upon a finding that, because of topographic or other unique physical condition, the standard appealed from:

      1.   Is unnecessary for the proper development of the subdivision and will not be required in the future.

      2.   Would cause an unreasonable hardship if adhered to.

      3.   May be granted without destroying the intent of the standard of this title.

      4.   Any variance so authorized shall be stated on the final plat.

   H.   Review Fees: See section 10-4-13 of this title. (Ord. 17-02, 3-16-2017)

A person may submit to the County Recorder's Office for recording, a document that subdivides property by metes and bounds into less than five (5) lots, without a recording plat if:

   A.   The Planning Commission has reviewed the plans and has given the Town Council its recommendation, whether favorable or not.

   B.   The document contains a certificate or written approval from the Town Council with signatures from the Council, Planning Commission, Water Department, Road Department and Fire Department.

   C.   The subdivision is not traversed by the mapped lines of a proposed street as shown in the General Plan and does not require the dedication of any land for street or other public purposes.

   D.   Each lot in the minor subdivision must meet the frontage, width and area requirements of this title or has been granted a variance from those requirements by the Appeal Authority.

   E.   Each lot in the minor subdivision must abut an improved, hard surfaced street and have all utilities available. (Ord. 17-02, 3-16-2017)

Minor subdivision plans shall consist of the following:

   A.   Layout plan, drawn at a scale of not less than one inch equals one hundred feet (1" = 100') and showing the following:

      1.   The boundary lines of the tract proposed to be subdivided;

      2.   The location, width and other applicable dimensions of all proposed lots;

      3.   The location of all existing and proposed canals and major ditches, bridges, culverts and drains;

      4.   The size and location of all water mains, fire hydrants, storm drains, curb, gutter, sidewalk, improvements, irrigation lines and ditches, and appurtenant improvements of any other proposed or required facilities.

   B.   The subdivider shall also submit the following:

      1.   Notice of acceptability of the area to connect to the Town sewer system;

      2.   Evidence of payment of all plan submission and processing fees;

      3.   A certified survey map showing the plan development;

      4.   Any other materials or information required by the Planning Commission. (Ord. 17-02, 3-16-2017)

   A.   Building Sites: The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings, be properly related to topography and conform to requirements set forth herein. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage, which would be unusable for normal purposes.

   B.   Conform To Zoning Provisions: All lots shown on the minor subdivision plan must conform to the minimum requirements of the zone in which the subdivision is located.

   C.   Corner Lots: Corner lots shall have ten feet (10') extra width to accommodate the additional setback requirements.

   D.   Angle Of Lot Lines: Side lot lines shall be approximately at right angles, or radial to the street lines, except where topographic conditions make it advisable to have side lot lines deflect at sharper angles.

   E.   Parts Of Lots: All remnants of lots below minimum size left over after subdividing of a larger tract must be attached to adjacent lots rather than allowed to remain as unusable parcels. Protection strips shall not be permitted.

   F.   Water, Sewer, Irrigation, Utilities, Septic Systems: Each lot within the minor subdivision shall be served by the Town water system through lines providing flow for both culinary and fire purpose. Each lot within the minor subdivision shall be served by the Town sewage collection system, except that the Town may authorize the development of a minor subdivision project utilizing septic tanks or other individual disposal facilities where it is determined that connection of the minor subdivision to the sewer system is not reasonably feasible. It may be required within the minor subdivision to have each lot designed with a centralized sewage collection system capable of connecting to the existing/future Town sewage system. Each lot in the subdivision may be served by an approved irrigation system. (Ord. 17-02, 3-16-2017)

Costs and charges in connection with the planning and development of minor subdivisions shall be born by the subdivider. (Ord. 17-02, 3-16-2017)

   A.   Authority Of Planning Commission: The Planning Commission shall review the Minor Subdivision Plan and shall act to:

      1.   Approve the plan;

      2.   Disapprove the plan;

      3.   Approve the plan subject to modification; or

      4.   Where considered by the Planning Commission to be necessary or desirable, act to table further consideration of the plan.

   B.   Findings Required: Approval by the Planning Commission shall be granted upon a finding that:

      1.   All plans and materials required for consideration, including a certified survey map, have been submitted in a form suitable for evaluation and processing fees have been paid;

      2.   The plan conforms to the design standards for a minor subdivision;

      3.   The design adequately recognizes the natural and man caused conditions on or in the vicinity of the proposed minor subdivision;

      4.   Each lot conforms to the requirements of the zone and will adequately be serviced;

      5.   The utility system serving the area has sufficient capacity to provide adequate utility service to the minor subdivision;

      6.   All minor subdivision development applications shall dedicate to the Town, as part of the development approval process, documented and perfected water rights sufficient to service the water needs of the development. "Water rights sufficient to service the water needs of the development" shall be defined, for residential development, as 0.6 acre- feet per dwelling, assuming a twelve thousand (12,000) square foot lot. This figure is based on State standards and Town historical usages. The Town Council may decide to take the monetary equivalent for the cost of water rights instead of actual water rights.

   C.   Decision; Term Of Approval: The action of the Planning Commission shall be written on the face of two (2) copies of the plan, one (1) of which shall be retained in the file of the Planning Commission, and one (1) of which shall be returned to the subdivider. If the plan is disapproved, the Planning Commission shall express its reason therefor to the subdivider. Approval of the plan shall remain valid for a period of one (1) year. Said approval may be extended or reaffirmed by the Planning Commission for a period not to exceed one (1) year, upon receipt of a written request from the owner. (Ord. 17-02, 3-16-2017)

Upon receipt of the Planning Commission recommendation, the Town Council shall consider the plan and shall act to approve or disapprove, or approve with modification. If disapproved, the Town Council shall state its reasons therefor to the subdivider. If modifications are required, such modifications must first be referred to and accepted by the Planning Commission. If approved, the plan shall be signed by the Town Council, Planning Commission, Water Department and Fire Department and recorded in the Office of the County Recorder. (Ord. 17-02, 3-16-2017)

   A.   Fire Hydrants: All minor subdivisions shall have fire hydrants installed in such a manner that no dwelling unit on a lot will be more than five hundred feet (500') distance from the closest hydrant, measured along the street.

   B.   Electric Power, Telephone Lines: Electric power and telephone lines shall be provided to each lot. All lines and appurtenant facilities shall be located underground, except when the subdivider can show that the placement underground is not practically feasible.

   C.   Storm Drains And Facilities: To the maximum extent possible, surface water produced from the minor subdivision shall be properly disposed of within the boundaries of the minor subdivision through the use of sumps or other site techniques. All sumps, culverts, drains and other facilities for collection and disposal of surface water shall be installed as directed by the authorized Town representative.

   D.   Street Lights: Street lights may be required in areas that are not already provided with such lighting.

   E.   Environmental Hazards: Adverse environmental conditions must be eliminated or accommodated as follows:

      1.   Soils:

         a.   The placement of buildings and the destination of building sites on areas of unstable soil shall be prohibited.

         b.   Soils with a significant erosion hazard shall be protected. Renegotiation or other erosion control measures may be imposed as a condition of the minor subdivision approval.

         c.   In areas of EPA clean up, special procedures must be used as set forth in the EPA ordinance of the Town.

      2.   Flooding:

         a.   All minor subdivision proposals shall be consistent with the need to control its own floodwater and also be in accordance with the Town flood hazard mitigation legislation as provided in title 11 of this Code.

         b.   The minor subdivision layout shall make adequate provision for natural drainage channels, retention ponds and floodways.

         c.   All water, sewer and other utility systems and facilities located in the designated flood areas shall be designed and constructed to minimize flood damage, including the infiltration of floodwater into the system, or discharge of the system into the floodwaters. (Ord. 17-02, 3-16-2017)

Upon approval of the plan and compliance with any conditions attached to the approval and receipt of the executed documents and all other outstanding submissions and fees, the subdivider shall submit the deeds for the plan for recording in the Office of the County Recorder within one (1) year of the plan approval. (Ord. 17-02, 3-16-2017)