The subdivision review procedures are intended to:

   A.   Promote the health, safety, and general welfare of city residents;

   B.   Ensure the efficient and orderly development of land;

   C.   Prevent the uncontrolled division and development of real property;

   D.   Avoid poorly planned developments that:

      1.   Do not comply with the General Plan or city ordinances;

      2.   Cannot be efficiently served by existing utilities or public services;

      3.   May prove to be dangerous or unsafe;

      4.   May cause an undue burden on existing traffic or transportation services;

      5.   May require the future expenditure of public funds to correct problems caused by the development; and

      6.   Restrict the ability of efficient development on adjoining properties;

   E.   To minimize the number of boundary line disputes in the city and eliminate existing property line gaps and discrepancies;

   F.   To provide a mechanism requiring each developer to pay for the public improvements associated with a particular subdivision, and the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of the development activity;

   G.   To provide design standards:

      1.   For public improvements, facilities, and utilities;

      2.   For access to public rights-of-way;

      3.   For the dedication of land and streets deemed necessary for the proper development of the subdivision; and

      4.   For easements or rights-of-way that are necessary to service the property. (Ord. 24-02, 1-3-2024)

   A.   Generally: The subdivision review procedures shall apply to all subdivisions of land in any zoning district located within city, except for those activities exempted in paragraph (B) below. No land within the city shall be subdivided and no recorded subdivision shall be amended, vacated, altered, or modified until:

      1.   A plat conforming to these regulations has been approved and certified by the authorized decision-making body; and

      2.   The approved final plat has been recorded with the Salt Lake County Recorder's Office.

   B.   Exempt: The following activities are exempt from the subdivision procedure(s).

      1.   Activities subject to the property line adjustment procedure established in § 13.30.070: Property Line Adjustments.

      2.   Any other land division activity exempted by Utah Code. (Ord. 24-02, 1-3-2024)

The following table identifies the subdivision applications authorized by this LDC, whether a public hearing notice is required, whether pre-application activities are required, and the role of city review and decision-making bodies.

   R = Review D = Decision A = Appeal • = required blank cell = not required

   * = Public Hearing Required ^ = Public Meeting Required

 

(Ord. 24-02, 1-3-2024)

   A.   Purpose: The preliminary plat procedure provides a mechanism for the city to review an overall plan for a proposed subdivision to ensure compliance with this LDC and other applicable plans and regulations, and the provision of adequate public facilities and services within the city.

   B.   Applicability: The preliminary plat review procedure shall apply to all subdivisions of land in any zoning district located within the city, except for the following:

      1.   The division of a lot or parcel resulting from a division of agricultural land as provided in Utah Code § 10-9a-605; and

      2.   Land division activities that meet the applicability thresholds established in § 13.30.080: Property Line Adjustments.

   C.   Step 1: Pre-Application Meeting:

      1.   Single Family, Duplex, and Townhouse Subdivisions

         a.   A pre-application meeting is optional in accordance with § 13.43.020: Step 1: Pre-Application Meeting.

         b.   In the event a pre-application meeting is requested, city staff shall schedule the pre-application meeting within 15 business days of the request and provide or have available on the city's website the following:

            (1)   Copies of applicable land use regulations;

            (2)   A complete list of standards required for the project;

            (3)   Preliminary and final application checklists; and

            (4)   Feedback on the concept plan.

      2.   All Other Subdivisions: A pre-application meeting is required in accordance with § 13.43.020:Step 1: Pre-Application Meeting.

   D.   Step 2: Application Submittal and Processing: The application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with § 13.43.030: Step 2: Application Submittal and Processing, with the following modification:

      1.   The city shall maintain and publish a list of the items comprising the complete preliminary subdivision land use application, including:

         a.   The application;

         b.   The owner's affidavit;

         c.   An electronic copy of all plans in PDF format;

         d.   The preliminary subdivision plat drawings; and

         e.   A breakdown of fees due upon approval of the application.

      2.   Within twenty (20) days of receiving a complete subdivision application, the city shall mail written notice of the proposed subdivision to the facility owner of any water conveyance facility (as defined in Utah Code § 10-9a-603) located, entirely or partially, within one hundred feet (100') of the subdivision plat in accordance with Utah Code § 10-9a-603(3)(d).

      3.   The city shall not approve a subdivision plat for at least twenty (20) days from the date of sending the mailed notice to facility owners identified in paragraph (1) above, to allow sufficient time to receive comments from each facility owner, in accordance with Utah Code § 10-9a-603(3)(d).

   E.   Step 3: Application Review:

      1.   Single Family, Duplex, and Townhouse Subdivisions: The Director shall review the application and prepare a staff report and recommendation in accordance with § 13.43.040: Step 3: Application Review, based on the review criteria in § 13.43.040(D): General Review Criteria, and § 13.30.050(H)(1): Preliminary Plat Review Criteria. The following shall also apply:

         a.   No later than fifteen (15) business days after the day on which an applicant submits a complete preliminary subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes, the city shall complete the initial review of the application, including subdivision improvement plans associated with required infrastructure and city-controlled utilities required for a subdivision.

         b.   In reviewing a subdivision land use application, the city may require:

            (1)   Additional information relating to an applicant's plans to ensure compliance with city ordinances and approved standards and specifications for construction of public improvements; and

            (2)   Modifications to plans that do not meet current ordinances, applicable standards, or specifications, or do not contain complete information.

         c.   The city's request for additional information or modifications to plans under paragraphs b(1) or (2) above, shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.

         d.   Unless the change or correction is necessitated by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a city's plan review is waived. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.

         e.   If an applicant does not submit a revised plan within twenty (20) business days after the city requires a modification or correction, the city shall have an additional twenty (20) business days to respond to the plans.

         f.   In addition to revised plans, an applicant shall provide a written explanation in response to the city's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any.

         g.   The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.

         h.   If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.

         i.   The city shall not require more than two review cycles during preliminary review. Review cycle means the occurrence of:

            (1)   The applicant's submittal of a complete subdivision land use application;

            (2)   The City's review of that subdivision land use application;

            (3)   The City's response to that subdivision land use application, in accordance with this section; and

            (4)   The applicant's reply to the city's response that addresses each of the city's required modifications or requests for additional information, in accordance with this section.

      2.   All Other Subdivisions: The Director shall review the application and prepare a staff report and recommendation in accordance with § 13.43.040: Step 3: Application Review, based on the review criteria in § 13.43.040(D): General Review Criteria, and § 13.30.050(H)(1): Preliminary Plat Review Criteria.

   F.   Step 4: Neighborhood Meeting: Not required.

   G.   Step 5: Public Notice and Hearing:

      1.   The application shall be scheduled for a public hearing before the Planning Commission and noticed in accordance with this LDC.

      2.   Any application that proposes to vacate some or all of a public street or municipal utility easement shall be scheduled for a public hearing before the City Council and noticed in accordance with Utah Code § 10-9a-208.

      3.   A single family, duplex, or townhouse subdivision shall not be subject to more than one public hearing.

   H.   Step 6: Application Decision and Action:

      1.   Preliminary Plat Review Criteria: The Planning Commission shall decide a preliminary plat application in accordance with § 13.43.070: Step 6: Application Decision and Action, based on the review criteria in § 13.43.040(D): General Review Criteria, and the following:

         a.   The plat complies with applicable dimensional and development standards in this LDC;

         b.   Does not affect a recorded easement without approval from the easement holder;

         c.   Provides a layout of lots, roads, utilities, drainage, and other public facilities and services that are compliant with city engineering standards and this LDC;

         d.   Provides evidence of adequate public facilities to serve the proposed development;

         e.   Proposes reasonable phasing as it relates to infrastructure capacity;

         f.   Does not result in the creation of a remnant lot or parcel that cannot be developed according to the requirements of this LDC and other applicable laws; and

         g.   Does not remove or attempt to remove recorded covenants or restrictions without following the proper procedures for making such changes.

      2.   Conditions of Approval: The preliminary plat review procedure is intended to inform the developer and the public of the requirements for obtaining preliminary plat approval. To this end, an attempt has been made to outline all subdivision requirements and other applicable ordinances and laws. Each parcel of real property is unique; there may be some aspects of subdivision development that cannot easily be articulated, and it is not possible to cover every possible contingency. In reviewing a preliminary plat, the decision-making body may impose conditions of approval that shall be satisfied provided that:

         a.   The conditions are not arbitrary or capricious;

         b.   The conditions are necessary to promote the health, safety, or welfare of the residents of the city; and

         c.   The conditions do not conflict with any applicable law.

   I.   Step 7: Post-Decision Actions and Limitations: Post-decision actions and limitations in § 13.43.080: Step 7: Post-Decision Actions and Limitations shall apply with the following modifications:

      1.   Effect of Approval: The approval of a preliminary plat by the Planning Commission is strictly tentative, involving merely the general acceptability of the layout as submitted. A plat may not be recorded until it has been approved in accordance with § 13.30.060: Final Plat.

      2.   Expiration of Approval:

         a.   A preliminary plat approval shall expire one year after the date of approval by the Planning Commission, unless a complete application for final plat review is filed in accordance with § 13.30.060: Final Plat.

         b.   Requests for extensions of approvals shall be decided in accordance with § 13.43.080(C): Extension Requests.

         c.   If a preliminary plat approval expires, a new application may be submitted following the procedures and regulations in effect at the time of re-application.

      3.   Transfer Before Approval Prohibited: It shall be unlawful to transfer, sell, convey, gift, or assign any subdivided property before a final subdivision plat is approved and recorded pursuant to the requirements of this LDC and applicable state law.

      4.   Modification or Amendment of Approval:

         a.   If the developer desires to change the grade or location of streets within the subdivision, or desires to increase the number of lots in the subdivision, or substantially alters the original subdivision design, these shall be deemed major changes and require the developer to submit a new application.

         b.   The director may approve changes to the preliminary plat to decrease the number of lots in the subdivision, to make minor lot boundary changes, or to make other minor changes without requiring that it be reviewed by the planning commission.

      5.   Appeals: A preliminary plat decision may be appealed pursuant to § 13.43.080(G): Appeals. (Ord. 24-02, 1-3-2024)

   A.   Purpose: The purpose of the final plat procedure is to demonstrate compliance with an approved preliminary plat and applicable standards of this LDC and ensure plat documents are properly recorded with Salt Lake County.

   B.   Applicability: The final plat review procedure shall apply to all subdivisions of land in any zoning district located within city that require preliminary plat approval in accordance with § 13.30.050: Preliminary Plat.

   C.   Step 1: Pre-Application Meeting: Not required.

   D.   Step 2: Application Submittal and Processing: The final plat application shall be submitted in accordance with § 13.43.030: Step 2: Application Submittal and Processing, prior to the expiration of preliminary plat approval, and the following:

      1.   The city shall maintain and publish a list of the items comprising the complete final subdivision land use application, including:

         a.   The application;

         b.   The owner's affidavit;

         c.   An electronic copy of all plans in PDF format;

         d.   The final subdivision plat drawings; and

         e.   A breakdown of fees due upon approval of the application.

   E.   Step 3: Application Review

      1.   The Director shall review the application in accordance with § 13.43.040: Step 3: Application Review, based on the review criteria in § 13.43.040(D): General Review Criteria, and § 13.30.060(H).

      2.   If the application is subject to the facility owner noticing requirements during the preliminary review, pursuant to § 13.43.030: Step 2: Application Submittal and Processing, the Director shall not approve the final plat for at least twenty (20) days after the day on which mailed notice was sent to facility owners, in accordance with Utah Code § 10-9a-603.

      3.   Single Family, Duplex, and Townhouse Subdivisions: The following shall also apply to single family, duplex, and townhouse subdivisions:

         a.   No later than twenty (20) business days after the day on which an applicant submits a complete application, the city shall complete a review of the applicant's final subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes including all subdivision plan reviews.

         b.   In reviewing a subdivision land use application, the city may require:

            (1)   Additional information relating to an applicant's plans to ensure compliance with city ordinances and approved standards and specifications for construction of public improvements; and

            (2)   Modifications to plans that do not meet current ordinances, applicable standards, or specifications, or do not contain complete information.

         c.   The city's request for additional information or modifications to plans under paragraphs (b)(1) or (2) above, shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.

         d.   Unless the change or correction is necessitated by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a city's plan review is waived. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.

         e.   If an applicant makes a material change to a plan set, the city has the discretion to restart the review process at the first review of the final application, but only with respect to the portion of the plan set that the material change substantively effects.

         f.   If an applicant does not submit a revised plan within twenty (20) business days after the city requires a modification or correction, the city shall have an additional twenty (20) business days to respond to the plans.

         g.   After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the city's previous review cycle, the city may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.

         h.   In addition to revised plans, an applicant shall provide a written explanation in response to the city's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any.

         i.   The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.

         j.   If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.

         k.   The city shall not require more than two (2) review cycles during final review. Review cycle means the occurrence of:

            (1)   The applicant's submittal of a complete subdivision land use application;

            (2)   The City's review of that subdivision land use application;

            (3)   The City's response to that subdivision land use application, in accordance with this section; and

               l.   The applicant's reply to the city's response that addresses each of the city's required modifications or requests for additional information, in accordance with this section.

   F.   Step 4: Neighborhood Meeting: Not required.

   G.   Step 5: Public Notice and Hearing: Not required.

   H.   Step 6: Application Decision and Action: The Director shall decide a final plat application in accordance with § 13.43.070: Step 6: Application Decision and Action, based on the review criteria in § 13.43.040(D): General Review Criteria, and the following:

      1.   The final plat conforms to the approved preliminary plat, including any conditions of approval;

      2.   The final plat is consistent with all conditions of approval of the preliminary plat and complies with city engineering standards, this LDC, and all applicable City Codes and Ordinances;

      3.   The landowner has provided a tax clearance indicating that all taxes, interest, and penalties owed on the land have been paid; and

      4.   The final plat complies with applicable standards in Utah Code 10-9a-6.

   I.   Step 7: Post-Decision Actions and Limitations: Post-decision actions and limitations in § 13.43.080: Step 7: Post-Decision Actions and Limitations shall apply with the following modifications:

      1.   Recording with Salt Lake County: Upon final approval, payment of final fees, collection of all required signatures, and required bonding pursuant to § 13.02.160: Guarantee for Improvements, the city shall record the approved final plat with Salt Lake County.

      2.   Submission to Utah Geospatial Resource Center: Within thirty (30) days of approving a final plat, the City shall submit to the Utah Geospatial Resource Center:

         a.   An electronic copy of the approved final plat; or

         b.   Preliminary geospatial data that depicts any new streets and situs addresses proposed for construction within the bounds of the approved plat.

      3.   Expiration of Approval:

         a.   A final plat approval shall expire one year after the date of approval by the Director unless the final plat has been recorded with Salt Lake County.

         b.   Requests for extensions of approvals shall be decided in accordance with § 13.43.080(C): Extension Requests.

         c.   If the final plat is not recorded with Salt Lake County for any phase of the development within the prescribed period, or within any extension granted pursuant to § 13.43.080(C): Extension Requests, the plat approval shall expire for that phase and for all other phases for which a final plat has not been recorded with Salt Lake County prior to the date of expiration.

         d.   If a final plat approval expires, a new application may be submitted following the procedures and regulations in effect at the time of re-application.

      4.   Transfer Before Approval Prohibited

It shall be unlawful to transfer, sell, convey, gift, or assign any subdivided property before a final subdivision plat is approved and recorded pursuant to the requirements of this LDC and applicable state law.

      5.   Modification or Amendment of Approval

         a.   The Director may, at their discretion, approve minor changes to approved final plats before the plat is recorded. The types of minor changes contemplated by this section include legal description mistakes, minor boundary changes, and items that should have been included on the original final plats.

         b.   Major changes to unrecorded approved final plats shall require the developer to submit a new application.

         c.   Changes to recorded final plats shall be in accordance with state law and any policies or procedures adopted by the city.

      6.   Appeals: If, on the fourth or final review cycle, the city fails to respond within twenty (20) business days, the city shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received:

         a.   For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code § 10-9a-508(5)(d) to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the city, the panel shall consist of the following three experts:

            (1)   One licensed engineer, designated by the city;

            (2)   One licensed engineer, designated by the land use applicant; and

            (3)   One licensed engineer, agreed upon and designated by the two designated engineers as appointed in paragraphs a(1) and a(2) above.

            (4)   A member of the panel assembled by the city may not have an interest in the application that is the subject of the appeal.

            (5)   The land use applicant shall pay:

               (A)   Fifty percent (50%) of the cost of the panel; and

               (B)   The City's published appeal fee.

         b.   For a dispute arising from the subdivision ordinance review, the Director shall provide the applicant with a written response identifying the deficiency in the application. Decisions related to subdivision ordinance review may be appealed pursuant to § 13.43.080(G)(1): Administrative Decision. (Ord. 24-02, 1-3-2024)

   A.   Purpose: The plat amendment or vacation procedure provides a mechanism to request changes to vacate, alter, or amend a recorded subdivision plat or portion of plat or street within a recorded plat, in accordance with this LDC and Utah Code § 10-9a-6.

   B.   Applicability:

      1.   Subject to Plat Amendment or Vacation: The plat amendment or vacation procedure applies to changes to a recorded subdivision plat that:

         a.   Vacates all or a portion of the subdivision;

         b.   Alters the outside boundary of the subdivision;

         c.   Changes the number of lots within the subdivision;

         d.   Alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or

         e.   Alters a common area or other common amenity within the subdivision; or

         f.   Changes the name of a recorded subdivision.

      2.   Exempt From Plat Amendment or Vacation: An amendment to correct a technical error, such as misnumbered street addresses or an errant note on the plat may be done through recording an affidavit of correction with the Salt Lake County Recorder's Office by the Director, on behalf of the city.

   C.   Step 1: Pre-Application Meeting: A pre-application meeting is required in accordance with § 13.43.020: Step 1: Pre-Application.

   D.   Step 2: Application Submittal and Processing: The application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with § 13.43.030: Step 2: Application Submittal and Processing, with the following modifications:

      1.   Authority to Submit an Application: An application to vacate, alter, or amend a recorded subdivision plat or portion of a recorded subdivision plat shall be made by the city or any fee owner of a lot in the subdivision.

      2.   Application Content: In addition to the submittal requirements identified in § 13.43.030(B): Application Content, an application for a plat amendment shall also include applicable information as provided in Utah Code § 10-9a-608 and Utah Code § 10-9a-609.5.

   E.   Step 3: Application Review: The Director shall review the application and prepare a staff report and recommendation in accordance with § 13.43.040: Step 3: Application Review, based on the review criteria in § 13.43.040(D): General Review Criteria, and § 13.30.070(H).

   F.   Step 4: Neighborhood Meeting: Not required.

   G.   Step 5: Public Notice and Hearing:

      1.   Planning Commission: The application shall be scheduled for a public meeting and/or public hearing, as applicable, before the Planning Commission and shall be noticed in accordance with Utah Code § 10-9a-608; § 10-9a-609; and/or § 10-9a-609.5, as applicable.

      2.   City Council: Applications that involve the whole or partial vacation of a public right-of-way shall be noticed for a public hearing before the City Council in accordance with Utah Code § 10-9a-609.5 and § 10-9a-208.

   H.   Step 6: Application Decision and Action:

      1.   Planning Commission: Notwithstanding applications that require City Council approval, the Planning Commission shall decide a plat amendment application in accordance with § 13.43.070: Step 6: Application Decision and Action, based on the following review criteria:

         a.   There is good cause for the vacation or amendment;

         b.   No public street or municipal utility easement has been vacated or amended;

         c.   Is consistent with the intent of the underlying zoning district;

         d.   Complies with applicable dimensional and development standards in this LDC;

         e.   Does not affect a recorded easement without approval from the easement holder;

         f.   Provides a layout of lots, roads, utilities, drainage, and other public facilities and services that are compliant with city engineering standards and this LDC;

         g.   Provides evidence of adequate public facilities to serve the proposed development;

         h.   Does not result in the creation of a remnant lot or parcel that cannot be developed according to the requirements of this LDC and other applicable laws;

         i.   Does not remove or attempt to remove recorded covenants or restrictions; and

         j.   Proposes reasonable phasing as it relates to infrastructure capacity.

      2.   City Council: The City Council shall decide the whole or partial vacation of a public right-of-way or municipal utility easement, in accordance with § 13.43.070: Step 6: Application Decision and Action, and Utah Code 10-9a-609.5, based on the following review criteria:

         a.   Good cause exists for the vacation; and

         b.   The public interest or any person will not be materially injured by the proposed vacation.

   I.   Step 7: Post-Decision Actions and Limitations: Post-decision actions and limitations in § 13.43.080: Step 7: Post-Decision Actions and Limitations shall apply with the following modifications:

      1.   Recording with Salt Lake County:

         a.   Upon final approval, payment of final fees, collection of all required signatures, and required bonding pursuant to § 13.02.160: Guarantee for Improvements, the City shall record the approved plat amendment with Salt Lake County.

         b.   In cases where a subdivision or portion of a subdivision is vacated, an ordinance approved by the City Council describing the subdivision to be vacated shall be recorded with Salt Lake County, pursuant to Utah Code § 10-9a-609, and § 10-9a-609.5, as applicable.

      2.   Expiration of Approval:

         a.   A plat amendment approval shall expire twelve (12) months after the date of approval unless the plat amendment has been recorded with Salt Lake County.

         b.   Requests for extensions of approvals shall be decided in accordance with § 13.43.080(C): Extension Requests.

         c.   If the plat amendment is not recorded with Salt Lake County within the prescribed period, or within any extension granted pursuant to § 13.43.080(C): Extension Requests, a new application may be submitted for consideration by the appropriate review authority following the procedures and regulations in effect at the time of application.

         d.   If a plat amendment approval expires, a new application may be submitted for consideration by the city following the procedures and regulations in effect at the time of re-application.

      3.   Transfer Before Approval Prohibited: It shall be unlawful to transfer, sell, convey, gift, or assign any subdivided property before a final subdivision plat is approved and recorded pursuant to the requirements of this LDC and applicable state law.

      4.   Appeals: A plat amendment or vacation may be appealed pursuant to § 13.43.080(G): Appeals. (Ord. 24-02, 1-3-2024)

   A.   Purpose: The property line adjustment procedure provides a mechanism for the City to review proposed re-alignments to existing lots and parcels in the city and to ensure proposed re-alignments comply with this LDC and other applicable regulations.

   B.   Applicability:

      1.   Generally. The property line adjustment procedure shall apply to the following activities:

         a.   A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:

            (1)   No new lot or dwelling unit is created; and

            (2)   The adjustment complies with this LDC and other applicable City Ordinances.

         b.   A recorded document, executed by the owner of record that:

            (1)   Revises the legal description of more than one contiguous unsubdivided parcel(s) of property into one legal description encompassing all such parcels of property; or

            (2)   Joins a subdivided parcel of property to an unsubdivided parcel of property and complies with this LDC and other applicable City Ordinances.

         c.   The consolidation of two or more subdivided lots for the purpose of developing them as one lot, provided:

            (1)   The consolidation does not affect an existing street, alley, walkway, or right-of-way; and

            (2)   No public utility, drainage, or other easements exist along the mutual boundary of any two lots being consolidated.

      2.   Exempt: The following activities are exempt from the property line adjustment procedure.

         a.   A boundary line adjustment made by the Utah Department of Transportation.

         b.   A bona fide division or partition of agricultural land pursuant to Utah Code § 10-9a-605, 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.

   C.   Step 1: Pre-Application Meeting: A pre-application meeting as described in § 13.43.020: Step 1: Pre-Application, is optional.

   D.   Step 2: Application Submittal and Processing: The application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with § 13.43.030: Step 2: Application Submittal and Processing, and shall contain information required by Utah Code § 10-9a-608(5) and § 10-9a-524, as applicable.

   E.   Step 3: Application Review: The Director shall review and evaluate the application in accordance with § 13.43.040: Step 3: Application Review, with the following modifications:

      1.   The Director shall complete the review within fourteen (14) days after the day on which the property owner submits a completed application in accordance with § 13.43.030: Step 2: Application Submittal and Processing.

      2.   If the Director determines the application is deficient or if additional information is necessary to conduct a thorough review, the Director shall send, within the time period described in paragraph (1) above, written notice to the property owner that:

         a.   Describes the specific deficiency or additional information that is required to conduct a thorough review; and

         b.   States that the Director shall approve the application upon the property owner's correction of the deficiency or submission of the additional information described.

      3.   If the Director approves the application, the city shall send written notice of the approval to the property owner within the time period described in paragraph (1) above.

      4.   If the Director fails to send a written notice pursuant to paragraph (2) above within the time period described in paragraph (1) above, the property owner may record the property line adjustment as if no review was required.

   F.   Step 4: Neighborhood Meeting: Not required.

   G.   Step 5: Public Notice and Hearing: Not required.

   H.   Step 6: Application Decision and Action: The Director shall decide a property line adjustment application in accordance with § 13.43.070: Step 6: Application Decision and Action, based on the review criteria established in § 13.43.040(D): General Review Criteria and Utah Code § 10-9a-524, as applicable, and the following:

      1.   No new dwelling lot or housing unit results from the property line adjustment;

      2.   The adjoining property owner(s) consent to the property line adjustment;

      3.   The property line adjustment does not result in remnant land that did not previously exist; and

      4.   The adjustment does not violate applicable zoning requirements and/or city ordinances.

   I.   Step 7: Post-Decision Actions and Limitations: Post-decision actions and limitations in § 13.43.080: Step 7: Post-Decision Actions and Limitations shall apply with the following modifications:

      1.   Recording with Salt Lake County:

         a.   Upon final approval and payment of final fees, the applicant shall prepare a notice of approval that satisfies the minimum requirements of Utah Code § 10-9a-608(5); and § 10-9a-524, as applicable.

         b.   The applicant shall be responsible for recording associated deed(s) which conveys title as approved and the notice of approval with Salt Lake County.

      2.   Expiration of Approval

         a.   A property line adjustment approval shall expire one year after the date of approval by the Director unless the documents required by this LDC and Utah Code have been recorded with Salt Lake County.

         b.   Requests for extensions of approvals shall be decided in accordance with § 13.43.080(C): Extension Requests.

         c.   If a property line adjustment approval expires, a new application may be submitted for consideration by the city following the procedures and regulations in effect at the time of re-application.

      3.   Transfer Before Approval Prohibited: It shall be unlawful to transfer, sell, convey, gift, or assign any subdivided property before a final subdivision plat is approved and recorded pursuant to the requirements of this LDC and applicable state law.

   A.   The following improvements are mandatory in all subdivisions and shall be installed by the developer in accordance with the city specifications:

      1.   Street paving (including proper road base).

      2.   Curbs, gutters, and sidewalks.

      3.   Drive approaches for each lot.

      4.   Culinary water systems.

      5.   Sanitary sewer systems.

      6.   Surface water runoff drainage systems.

      7.   City survey monuments.

      8.   Permanent markers to identify lot corners.

      9.   Utilities (overhead and underground as required by this development code).

      10.   Street lighting system.

      11.   ADA ramps.

   B.   The city may also require the developer to install or provide any or all of the following improvements according to the particular needs of the subdivision:

      1.   Fire hydrants.

      2.   Subsurface water drainage systems.

      3.   Bridges.

      4.   Fencing and barrier walls.

      5.   Grading.

      6.   Retaining walls.

      7.   Landscaping and/or streetscape.

      8.   Public facilities.

      9.   Open space and/or trails.

      10.   Piping, relocating, or abandoning irrigation ditches.

      11.   Engineered footings.

      12.   Extending and constructing roads beyond the boundary of the subdivision.

      13.   Flood control system.

      14.   Regulatory signs.

      15.   Any other improvements as may be required by the city based upon approvals.

   C.   In determining the particular needs of the subdivision and in determining whether any of the improvements specified in subsection B of this section should be required in a particular subdivision, the city shall consider, among other things:

      1.   The requirements of the building code, fire code, and other applicable ordinance, code, or standards.

      2.   The topography of the property, the type of soil on the property, the existence of subsurface water drainage systems in the vicinity of the property, and the city's stormwater drainage master plan.

      3.   The extent to which the proposed subdivision causes or contributes to the need for the improvement.

      4.   The need for the improvement to protect the health, safety, and welfare of residents of the subdivision and the community at large.

      5.   The types of development and uses adjacent to the subdivision.

   D.   The developer may be required to install off site improvements when it is shown that the proposed subdivision causes or contributes to the need for such improvements. In cases where the proposed subdivision causes or contributes to the need for off site improvements but the developer is not required to install them, the city may impose an impact fee as allowed by law, or may otherwise require financial contribution pursuant to written agreements between the city and the developer. Whether or not the developer actually installs the improvements, the city may require that owners of other undeveloped properties, the development of which will also contribute to the need for the improvements, pay impact fees, or be party to such agreements. The fees or the monies collected pursuant to agreements shall be used toward the costs of installing the improvements.

   E.   All required improvements shall be completed and pass city inspections within one year of the date the subdivision is approved or at a date to be determined by the city.

   F.   All subdivision improvements shall be completed by qualified contractors in accordance with the city specifications. No work may be commenced on public improvements without first obtaining approval.

   G.   Unless otherwise authorized by the director, no building permit for any structure may be issued until the final plat has been recorded and the following subdivision improvements have been installed:

      1.   Street paving (including proper road base).

      2.   Curb, gutter, and sidewalk.

      3.   Permanent markers to identify lot corners.

      4.   Operational fire hydrants (unless otherwise approved by the applicable fire authority).

      5.   Water and sewer line facilities.

      6.   Storm drainage facilities.

      7.   Electric and gas service available in the subdivision.

   H.   When installing any of the subdivision improvements, the developer and contractors shall be required to keep all paved streets, sidewalks, and gutters within or outside the subdivision, free from any debris, trash, mud, or dirt from the project. Upon notification by the city of a violation of this provision, the developer and/or contractors shall have the affected areas cleaned within twenty four (24) hours. If he fails to do so, the city may clean the affected areas with the developer providing reimbursement to the city for all costs incurred. Exception: Small mounds of dirt placed over the curb, gutter, and sidewalk may be placed during the initial construction phase of the home to protect the said improvements from damage. However, this exception does not release the developer or his successors from the requirement to keep the street clean and free of mud and debris. (Ord. 12-15, 7-11-2012)

   A.   Underground utilities, service lines, storm drainage facilities, water system, sewer system including laterals, shall be installed and approved prior to the installation of any other street improvements, unless the city engineer or the appropriate governing body waives this requirement in writing.

   B.   All new sewer lines shall be inspected by the appropriate sewer district.

   C.   All new water lines and/or connections shall be by the appropriate water district.

   D.   All new storm drain facilities shall be inspected by the city.

   E.   All new streetlights shall be inspected by the city. (Ord. 12-15, 7-11-2012)

The developer shall pay for all costs of designing, purchasing, installing, warranting, and otherwise providing the improvements required by this chapter. (Ord. 12-15, 7-11-2012)

Unless previously dedicated, declared a private street, or located within a planned unit development, the developer shall dedicate to the city the full width of all street rights of way on the final plat provided, however, that in cases where a proposed street in the subdivision parallels undeveloped property where no street currently exists and evidence is provided showing that the owner of the abutting property has no intention of developing it within the near future, and as may be recommended by the city engineer and approved by the planning commission and mayor, the mayor may waive the full width dedication requirement and allow the dedication of a lesser width if he finds that it promotes the public interest. (Ord. 12-15, 7-11-2012; amd. Ord. 20-12, 4-15-2020)

   A.   Any plat of a subdivision filed or recorded without the approvals required by this chapter is voidable.

   B.   Any owner or agent of the owner of any land who transfers or sells any land before a plan or plat of the subdivision has been approved and recorded as required in this chapter is guilty of a violation of this chapter for each lot or parcel transferred or sold.

   C.   The 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. 12-15, 7-11-2012)

The review for application completeness, substantive application review and determination of whether improvements or warranty work meets standards shall be done in accordance with the standards set forth in the Utah Code Annotated section 10-9a-509.5, review for application completeness -- substantive application review -- reasonable diligence required for determination of whether improvements or warranty work meets standards -- money damages claim prohibited, as amended. (Ord. 12-15, 7-11-2012)