A.   There are a number of activities related to the use, sale and development of land that have been determined by federal and state law to be in the public interest for local government to oversee and regulate in order to bring about the safe, orderly creation and maintenance of communities. These include such activities as subdividing land into lots for sale, building structures, constructing roads, installing utilities, etc.

   B.   In order to effectively regulate these activities, communities are empowered to establish review and permitting processes. This title contains the review and permitting processes related to land development activities in the city. In addition, other sections of this title that relate to land use, such as signage and design standards, are also included in this title. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

This title shall be known as the TOQUERVILLE LAND MANAGEMENT TITLE. (Ord. 2012.04, 1-18-2012)

The purposes of this title, and any rules, regulations and specifications hereafter adopted, are to promote the public health, safety and general welfare through provisions designed:

   A.   To preserve the natural beauty and topography of the city and to preserve the outstanding natural, cultural or historical features, to ensure appropriate development with regard to these features and to assure the proper use and management of the natural beauty and resources of the city;

   B.   To guide future growth, provide for the harmonious and coordinated development of the city (in conjunction with the city's general plan), and to protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land;

   C.   To minimize the conflicts among the uses of land and buildings, and to prevent overcrowding of the land and undue congestion of population;

   D.   To provide for efficient layout and use of building lots, roads and public services and utilities;

   E.   To provide for adequate light, air, view corridors and privacy; to secure safety from fire, flood, landslides and other geologic hazards, and other dangers;

   F.   To prevent the pollution or degradation of air, streams, ponds and night sky; to ensure the adequacy of drainage facilities; to safeguard the water table; to minimize site disturbance and removal of native vegetation and soil erosions; and to encourage and promote the conservation, wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and value of the land;

   G.   To avoid scattered and premature subdivisions which would cause insufficient public services and facilities, or necessitate an excessive expenditure of public funds for the supply of such services and facilities;

   H.   To inform the public of the requirements and conditions necessary to obtain approvals and permits to:

      1.   Change or create property boundaries (subdivide land);

      2.   Construct or modify buildings, signs, structures or utilities;

      3.   Alter the land or landscape;

      4.   Extract and process minerals on any property;

      5.   Create or modify zoning classifications for a property;

      6.   Modify the general plan. (Ord. 2012.04, 1-18-2012)

   A.   Greater Restrictions Prevail: In their interpretation and application, the provisions of this title shall be considered as minimum requirements. Where the provisions of this title impose greater restrictions than any statute, other regulation, ordinance or covenant, the provisions of this title shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this title, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

   B.   Definitions: Whenever any word or phrase used in this title is not defined herein, but is defined in related sections of Utah Code Annotated or in this code, such definition is incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention. Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is always mandatory and the term "may" is permissive.

   C.   Additional Conditions May Be Imposed: Any development or construction activities shall require applications, fees, approvals, permits and compliance pursuant to this title. To this end, all requirements, where possible, are expressly delineated in this title or other applicable ordinances. However, since it is impossible to cover every possibility and there are some aspects which do not lend themselves to being easily articulated, this title allows the planning commission and the city council to impose reasonable conditions upon a developer in addition to those expressly set forth herein, so long as such conditions comply with Utah Code Annotated 10-9a-508 and do not conflict with any requirements set forth in this title or other applicable ordinances. (Ord. 2012.04, 1-18-2012)

This title, together with the city general plan, shall guide the use of all land within the corporate boundaries of the city. The size and design of lots, the nature of utilities, the design and improvement of streets, the type and intensity of land use, and the provisions for any special facilities shall conform to the land uses shown in the city master plan and the standards established in this title. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

All departments, officials and public employees of the city who are vested with the duty or authority to issue permits or licenses shall do so in conformance with the provisions of this title, and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord. 2012.04, 1-18-2012)

The city council may, from time to time, in a manner consistent with the city general plan, amend any provision of this title, but any such amendment shall not be approved or final action taken until after public notice and public hearing pursuant to Utah Code Annotated section 10-9a-205 and section 10-1-8 of this chapter. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   For each land use application, the city shall:

      1.   Notify the applicant of the date, time and place of each public hearing and public meeting to consider the application;

      2.   Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting; and

      3.   Notify the applicant of any final action on a pending application.

   B.   If the city fails to comply with the requirements of subsection A1 or A2 of this section, or both, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met. (2014 Code)

   A.   Before preparing a proposed general plan or a comprehensive general plan amendment, the city shall provide ten (10) calendar days’ notice of its intent to prepare a proposed general plan or a comprehensive general plan amendment:

   A.   The city shall provide:

   A.   The city shall give:

   A.   For an amendment to a subdivision, the city shall provide notice of the date, time and place of at least one public meeting, as provided in subsection (A)(2) of this section.

   A.   If city ordinance requires notice to adjacent property owners, the city shall:

   A.   For any proposal to vacate some or all of a public street, right of way or easement, the city council shall:

If notice given under authority of this section 10-1-8 is not challenged under Utah Code Annotated section 10-9a-801 within thirty (30) days after the meeting or action for which notice is given, the notice is considered adequate and proper. (2014 Code)

   A.   Each private institution of higher education that intends to construct student housing on property owned by the institution shall provide written notice of the intended construction, as provided in subsection B of this section, before any funds are committed to the construction, if any of the proposed student housing buildings is within three hundred feet (300') of privately owned residential property.

   B.   Each notice under subsection A of this section shall be provided to the city council and the mayor.

   C.   At the request of the city, the institution and the city council shall jointly hold a public hearing to provide information to the public and receive input from the public about the proposed construction. (2014 Code)

   A.   A canal company or a canal operator who owns or operates a canal in the city shall provide the city:

      1.   A current mailing address and phone number;

      2.   A contact name; and

      3.   A general description of the location of each canal owned or operated by the canal owner or canal operator.

   B.   If the information described in subsection A of this section changes after a canal company or a canal operator has provided the information to the city, the canal company or canal operator shall provide the correct information within thirty (30) days of the day on which the information was changed. (2014 Code)

Prior to implementing an amendment to adopted specifications for public improvements that apply to subdivision or development, the city shall give thirty (30) days' mailed notice and an opportunity to comment to anyone who has requested the notice in writing. (2014 Code)