1. Simple Boundary Adjustment:
   1. The following documents shall be submitted for a Simple Boundary Adjustment:
      1. A completed Boundary Adjustment application, signed by all owners of record, along with the required fee.
      2. All documentation required for a Simple Boundary Adjustment under Utah Code § 17-27a-522, as amended.
      3. Verification from the County Engineer that the proposed boundary adjustment does not affect any applicable public works requirements including public rights-of-way, county utility easements, existing easements, or public property.
      4. Verification from County Health Department that the proposed boundary adjustment does not affect applicable health department requirements including onsite wastewater system.
      5. Verification from the Community Development Department that the proposed boundary adjustment does not affect an internal lot restriction and the lots or parcels conform with land use regulations.
2. Full Boundary Adjustment:
   1. If the Full Boundary Adjustment is amending lots within a subdivision, the following shall be submitted:
      1. A Full Boundary Adjustment that modifies the boundaries of a lot within a subdivision plat shall be subject to the provisions of UCLUO 14.26, as amended. Exception: A Subdivision Amendment is not required if the only item affected involves an easement unrelated to a road or utility. In such case, the Full Boundary Adjustment shall comply with UCLUO 14.02.B.2,
   2. If the Full Boundary Adjustment is outside a subdivision, the following shall be completed:
      1. A completed Boundary Adjustment application, signed by all owners of record, along with the required fee.
      2. All documentation required for a Full Boundary Adjustment under Utah Code § 17-27a-522, as amended.
      3. Approval from the County Engineer that the proposed boundary adjustment conforms to all applicable public works standards and requirements.
      4. Approval from the County Health Department that the proposed boundary adjustment conforms to all applicable county health standards and requirements.
      5. Verification from the Community Development Department that the proposed boundary adjustment does not affect an internal lot restriction and the lots or parcels conform with land use regulations.
      6. If a Public Utility Easement or an easement that is used by a Public Utility is being moved or vacated, a written statement from the affected Public Utility.
         1. Public Utility statement should address the proposed boundary adjustment and identify any recommendations relative to the proposal.
         2. If recommendations are received from a Public Utility provider, the County Engineer, shall determine whether the recommendations will be incorporated into the proposal.
3. Zoning Administrator Review:
   1. Upon completion of all applicable Boundary Adjustment requirements as determined by the Zoning Administrator, the Zoning Administrator shall issue the notice of consent in accordance with Utah Code 17-27a-522, as amended.

1. Plat Required:
   1. Any Subdivision of land shall follow the requirement in Title 14 of this Utah County Land Use Ordinance unless it is exempted by state or local law.
   2. Any owner or agent of any owner of real property which is located within a subdivision as defined by this ordinance who sells, assigns, or otherwise transfers a lot, parcel of land, or structure before the subdivision plat is given final approval and recorded in the office of the County Recorder, shall be guilty of a separate violation of this ordinance for each lot, parcel, or structure so transferred or sold; and the county may enjoin such transfer or sale by action for injunction brought in any court of equity or may recover a penalty by civil action in any court of competent jurisdiction. The occupancy or use of the facilities involved may be remedied, in addition to other remedies provided by law, by action for injunction mandamus, abatement, or other appropriate action or actions.
2. Exemption From Large-Scale Development Requirements:
   1. Division of Agricultural Land:
      1. Parcels resulting from a division of agricultural land are exempt from the Large-Scale Development requirements of this Land Use Ordinance if the division complies with Utah Code § 17-27a-605, as amended.
   2. Division of Agricultural Land With an Existing Dwelling
      1. A parcel of land containing an existing legal dwelling may be divided into two parcels without complying with the Large-Scale Development requirements of this Land Use Ordinance if the division complies with Utah Code § 17-27a-605, as amended.
   3. Record of Survey Map Required
      1. The boundaries of any division of land exempted from the Large-Scale Development requirements under this Section shall be graphically illustrated on a record of survey map that meets all requirements in Utah Code 17-27a-605, as amended. The record of survey map shall be filed with the County Surveyor’s Office.

1. Intent and Purpose: The intent and purposes of the Large-scale Development section are:
   1. To provide a means for the efficient and orderly residential, commercial and industrial Development of the county in accordance with the county General Plan.
   2. To facilitate the appropriate use of water, soil, scenic vistas, recreational amenities, and natural resources.
   3. To facilitate an economic arrangement of Buildings, circulation systems, land use, drainage, and utilities.
   4. To provide for various types of residential styles and living environments.
2. Minimum Requirements: The requirements and conditions set forth in this ordinance pertaining to each type of Large-scale Development are the minimum requirements which must be imposed in order to achieve the intent and purpose as set forth above, and are not designed to be varied. Where an applicant finds the requirements unsuited to his particular property, he may use the land for one of the other land uses permitted within the zone.
3. Scope:
   1. Essential Requirements: Any person, partnership, firm, or corporation wishing to construct a Large-scale Development in Utah County shall file an application with the Zoning Administrator and shall comply with all the requirements set forth in this land use ordinance.
   2. Types of Large-scale Developments: The following types of Large-scale Developments may be constructed only in the zones within which they are permitted:
      Planned Unit Developments
      Planned Subdivisions
      Planned Nonresidential Subdivisions
      Mountain Home Developments
      Recreational Resorts: (CE-2)
4. Administrative Land Use Authority: The Zoning Administrator shall act as the Administrative Land Use Authority pursuant to as permitted in Utah Code 17-27a-604.1as amended
5. Procedures: Any person wishing to obtain approval to construct a Large-scale Development shall comply with the following procedure.
   1. Initial Conference with Community Development Staff: A prospective developer shall obtain from Community Development staff, information concerning the procedures, requirements, and documents relating to the approval of a Large-scale Development.
   2. Pre-Application Conference:
      1. At the applicant’s request, a pre-application conference may be held, according to as per Utah Code 17-27a-604.1 as amended. Said conference shall consist of a meeting between the developer, applicant, or agent (“developer”) and the designated members of the Plan Coordinating Committee along with any other entities requested by the Zoning Administrator. The purpose of the conference shall be to convey to the developer or agent information pertaining to the procedure, requirements, and standards relating to approval of a Large-scale Development
         The developer shall submit concept plan documents for the proposed Development prior to the pre-application conference. Documents shall include the following minimum information:
         1. A plan showing the location and layout of the proposed Development, including the proposed Lots, Roads, existing Structures, waterways and proposed drainage, Common Areas, and similar improvements and infrastructure;
         2. Water rights, Natural Hazards, Floodplain, or similar information required by county ordinance or state law pertaining to Large-Scale Development requirements; and
         3. Any other information or documents regarding the proposed Development required proposed by the County or which the developer would like to discuss with the County
      2. Upon the request of the developer, Community Development shall schedule a preliminary application conference and shall invite the designated members of the Plan Coordinating Committee and any other needed parties to attend. The developer should attend with its project engineer or surveyor. During the conference, the developer shall make a presentation to the committee of its concept plan and other materials; and the committee shall provide information regarding procedures, requirements, and standards that relate to the Development proposed. In no way shall this conference be construed to constitute approval of the plan.
         
      3. Where the developer owns or controls more land than it wishes to file a plat for immediately, the Zoning Administrator may require the developer to prepare a concept plan of the whole area, in which case the developer shall indicate on the plan the portion to be developed immediately and the portion to be held for future Development.
         
      4. The sole purpose in holding the conference is to aid the developer in the preparation of its plans and documents. Responses from members of the committee shall not be deemed to substitute for or relieve the developer of the necessity of complying with the provisions of this ordinance.
         
   3. Developer Prepares Application for Review:
      1. The developer shall complete an application using the forms furnished by Community Development staff and shall prepare all Development documents for review (the “submittal”).
      2. The submittal shall include all maps, plats, drawings, documents, and other information required under the applicable type of Large-scale Development, as set forth in this Ordinance or state law.
      3. Prior to submission of the submittal to Community Development, the applicant shall meet with the Public Works Department, the Health Department, and the Fire Marshal and shall submit all documentation to these respective departments or Offices that may be required to begin a Development review process with their department or Office.
   4. Submission of Preliminary Subdivision Documents:
      1. The developer shall submit copies (four [4] hard copies and one [1] electronic copy) of the preliminary Subdivision submittal to the developer to Community Development Office.
      2. The submittal shall include all documents required for a preliminary Subdivision submittal.
      3. Any preliminary Subdivision submittal which does not include all required items may be returned to the applicant without completing a staff review.
   5. Review of the Preliminary Subdivision Submittal:
      1. The review of the submitted materials for preliminary Subdivision shall meet all required submission, response, resubmittal, and timeline requirements of Utah Code 17-27a-604.2 as amended.
      2. A written and/or electronic statement regarding whether the Development complies with the standards within the purview of such party, or what deficiencies exist shall be provided to the developer. These written and/or electronic review statements will be forwarded to the applicant by the individual departments.
      3. As required by Utah Code 17-27a-604.2 as amended, the developer must address all review comments. The County may wait to review the resubmittal until all review comments have been addressed.
      4. The developer must remedy any deficiencies before proceeding.
   6. Submission of Final Subdivision Document:
      1. The developer shall submit copies (one [1] hard copy and one [1] electronic copy) of the final Subdivision submittal to the Community Development Office.
      2. The final Subdivision submittal shall include all revised preliminary subdivision submittal items as well as any new items required for a complete final Subdivision submittal as specified by the County.
   7. Review of Final Subdivision Submission:
      1. The review of the submitted materials for final Subdivision shall be the same review process as described in this Section for the review of the preliminary Subdivision submittals.
      2. As required by Utah Code 17-27a-604.2 as amended, the developer must address all review comments. The County may wait to review the resubmittal until all review comments have been addressed.
   8. Submittal of Complete Application to Community Development: Corrections or revisions of the submittal must be pursued diligently. Those applications found needing corrections or revisions ninety (180) days after submittal shall be closed as incomplete.
   9. Review by County Attorney: The Administrative Land Use Authority may require the submittal to be reviewed by the County Attorney who shall offer his/her written opinion on whether the submittal complies with the requirements of this ordinance and other applicable law. The County Attorney shall prepare a written opinion detailing the findings of his/her review and forward this opinion to Community Development..
      
   10. Conditions and Limitations to be Placed on Plat: The County may require certain binding conditions and limitations, as permitted by applicable law, be written on the recorded plat.
       
   11. Road Acceptance by County Commission: Any new Road proposed to be developed as part of a Subdivision may require the approval of the County Commission, as permitted by Utah Code Title 72, as amended, or other applicable statutes or County requirements:
       1. Except as permitted in this section, any Road which is not an existing Road on the Official Utah County Road Map may be required to obtain the approval and acceptance of the County Commission for the proposed Road prior to the approval of the Subdivision.
       2. A new Road may be accepted by the County if one of the following conditions are met:
          1. The Road is shown on the transportation element map of the county General Plan as a proposed Road.
          2. The location and Development of the proposed Road is in compliance with all applicable standards for a grid pattern as specified by adopted Public Works Development standards.
          3. An existing Road is being replaced, expanded, or relocated, and has been approved by the County Engineer: or
          4. As approved by the County Engineer.
       3. The County Commission may approve a Development Road subject to specified conditions and requirements, as permitted by applicable law.
       4. The County Commission may accept dedication of streets, easements, and other places or rights on behalf of the public, if it finds that all requirements have been met; or it may disapprove the Development Road.
          
   12. Limited Period of Viability:
       1. The approval of the Development by the Administrative Land Use Authority shall be valid for a period of one year from the date of final approval.
          
       2. The plat must be recorded within such one-year period. If the plat is not recorded within such one-year period, the approval will automatically expire and become null and void.
       3. The Administrative Land Use Authority in consultation with the County Attorney’s Office, may, for good cause shown, extend the one-year period during which the plat may be recorded and during which the approval remains viable. Any such extension of time must be approved prior to the expiration of the one-year period.
       4. If any person or entity files an appeal or legal action challenging the final approval of the Development, the one-year period during which the plat may be recorded and during which the approval remains viable shall not commence on the date of final approval, but shall commence on the date that the appeal or legal action is finally resolved. I
       5. After approval, the Zoning Administrator shall keep the signed plat and documents to be recorded until the time the applicant records them, to ensure compliance with this section.
   13. Construction of Required Improvements:
       1. The developer shall execute a Subdivision improvement and warranty agreement, in the form approved by the County, and
          1. prior to recording the plat and prior to any Development activity, the developer shall, within a period of time not to exceed one year from the date of final approval of the Development, or within such extended period of time during which the approval of the Development remains viable as provided in Paragraph E,12, construct and complete all required improvements and post a cash improvement warranty with the County; or
          2. upon request by the developer, the developer may post a cash improvement completion assurance with the County before recording the plat, in an amount equal to 100% of the estimated cost of the required improvements, plus an additional 10% of the amount of the bond to cover administrative costs incurred by the county to complete the improvement (totaling 110%), as determined by the County Engineer, to guarantee the installation of the required improvements without cost to Utah County, and a cash improvement warranty.
       2. The final plat shall not be recorded until the developer has executed a Subdivision improvement and warranty agreement, in the form approved by the County, and the improvements are either constructed or the improvement completion assurance and the improvement warranty are delivered to and approved by the County.
       3. The improvement completion assurance shall not limit the liability of the developer to install improvements, for the developer shall be obligated to the full extent of the cost of installing the improvements required by this ordinance. Private parties shall not be deemed third-party beneficiaries of the improvement completion assurance or of the improvement warranty.
       4. All required improvements shall be constructed in accordance with approved plans and Utah County Development standards and inspected by the County Engineer. The developer shall pay an inspection fee to the County in the amount set by the County.
   14. Duration of Bonds: The Bonds required under the provisions of this ordinance shall not expire.
   15. Default: In the event the developer fails to satisfactorily construct the required improvements within the period required, fails to pay all costs of materials and labor for the improvements, or otherwise fails to comply with the Subdivision improvement and warranty agreement, Utah County may send a notice of default, take action to collect the Bonds, and install or cause the required improvements to be installed, using the proceeds from the Bonds to defray the expense thereof.
   16. Timing of Construction:
       1. All required improvements shall be constructed and completed by the developer within one (1) year from the date of final approval of the Development, or within such extended period of time during which the plat may be recorded and during which the approval of the Development remains viable as provided in Paragraph E,12.
       2. The County Engineer may require the developer to install what it determines to be critical improvements on all or part of an approved Large-scale Development within a time period which is less than the maximum time period specified.
       3. The County Engineer, who shall consult with the owner of the applicable utility poles, may allow for a period of time in excess of one (1) year , but not more than ten (10) years from the date of final approval of the Development.
       4. Extension of Time: 
          1. A further extension of time may be approved by the County Engineer, to relocate existing utility poles from their current location to the newly approved location, if the County Engineer find that all of the following conditions exist:
             1. The Large-scale Development is a one or two Lot Subdivision;
             2. The owner of the poles has provided a written statement to the County indicating that the pole relocation is not necessary at the present time;
             3. The County Engineer has provided a written statement to the County that the delayed relocation of the poles will not constitute any additional hazard to public safety than what currently exists;
             4. The developer has posted a cash Bond with the County in an amount of not less than 100% of the estimated cost plus an additional 10% of the amount of the bond to cover administrative costs (totaling 110%) to relocate the poles, if the poles were being relocated at the time that the poles prior to the subdivision location and after the Subdivision location were also being relocated to a single alignment; provided however, that the County Commission may waive the Bond requirement, upon favorable recommendation of the County Engineer, if the County Commission finds that it is improbable that the poles will need to be relocated in the near future; and
             5. The developer and the owner of the property have executed a Restrictive Covenant and Lien Agreement, in a form acceptable to the County, agreeing to
                1. indemnify and hold the County and its agents, officials, and employees harmless from any claim or liability related to or arising out of, directly or indirectly, the failure to relocate the poles, including defense costs and attorney’s fees, and
                2. further agreeing to relocate the poles, at developer’s and owner’s sole expense, to the approved location upon the earliest to occur of
                   1. sixty (60) days from the date of written demand by the County to relocate the poles;
                   2. the date established by the County Engineer for completion of the relocation; or
                   3. ten (10) years from the date of final approval of the Development, unless a further extension of time is subsequently approved by the County Engineer.
             6. The Restrictive Covenant and Lien Agreement shall run with the land, shall be recorded in the records of the County Recorder, and shall be secured by a first position Trust Deed on the Subdivision Lots with the developer providing to Utah County a Lender’s Extended Policy of Title Insurance in an amount not less than the fair market value of the Lots.
             7. The Restrictive Covenant and Lien Agreement shall preclude any human occupancy of the Development property if the poles are not timely relocated.
          2. An extension of time for construction of required improvements (including the relocation of existing utility poles) may be granted by the County Engineer upon application by the developer and good cause shown.
          3. Any request for an extension shall be in writing, shall be accompanied with a processing fee in such sum as determined by the County Engineer to cover the costs associated with the review and processing of the request for extension, but not less than the minimum processing fee of $100.00, and
          4. shall be supported by a then current estimate prepared and signed by the Developer’s engineer, or the applicable utility company, which describes the improvements which remain to be constructed, and the estimated cost to construct the remaining improvements.
          5. The request shall be supported by such other documentation as the County Engineer deems necessary.
          6. If an extension of time is granted, the County Commission shall require that the Bond amount be increased to reflect the increased cost of the remaining improvements;
          7. The County Commission may waive the Bond requirement for the relocation of existing utility poles, upon favorable recommendation of the County Engineer, if the County Commission finds that it is improbable that the poles will need to be relocated in the near future.
   17. Construction to be in Accordance with Plats, Plans and Documents:
       1. All Large-scale Developments shall be constructed in accordance with the approved final plats, plans, and documents.
       2. All final plats, plans, and documents shall be binding on the developer, its successors, grantees, and assigns and shall limit the use of the land and Structures in the Development as set forth in the approved plans and the recorded plats, and documents.
       3. In the event that the developer or its successors, grantees, or assigns performs construction or uses the land in a way which is not in accordance with approved final plats, plans or documents, or fails to perform according to the agreements or covenants required by UCLUO 14 for plat approval, compliance may be obtained through the use of the funds of the improvement Bond and warranty Bond, and/or through legal action.
   18. Plan and Documents to be Recorded:
       1. The Zoning Administrator shall verify that the developer has recorded the plat and documents with the County Recorder in the form in which such were approved.
       2. No Lot or Building (or interest therein) shall be sold, no Building permit shall be issued, and no occupancy permits shall be issued for any Buildings within a Large-scale Development until the final plans and documents have been approved and recorded as set forth in this ordinance.
   19. Improvement Warranty:
       1. As an assurance that the developer shall warrant the improvements for the warranty period, the developer shall deposit with the County a cash warranty Bond, as approved by the County Engineer, in the amount of up to 10% of the lesser of the:
          1. original estimated cost of completion of the required improvements, as determined by the County Engineer, or
          2. developer’s reasonable proven cost of completion of the required improvements.
       2. The developer shall be responsible for the installation of all required improvements and for the quality of all labor, materials, and workmanship used therein.
       3. Upon completion of the improvements, the developer shall submit a written request to the County Engineer to make an inspection of the improvements. After the inspection of the improvement, the County Engineer shall submit a report to the County Commission, setting forth the condition of the improvements.
       4. If all improvements have been constructed in strict conformance with the approved plans and Utah County Development standards, and to a quality and standard not less than generally accepted construction standards, no liens have been filed, all costs of labor and materials have been paid, lien releases have been provided and all other requirements have been satisfactorily completed, the County Commission shall formally accept the improvements and authorize the commencement of the warranty period, which warranty period shall be for one year after final acceptance of the improvement or warranty work; or two years after final acceptance of the improvement or warranty work, if the County:
          1. determines for good cause that a one year period would be inadequate to protect the public health, safety, and welfare; and
          2. the County has substantial evidence on record, of:
             1. prior poor performance by the developer; or
             2. that the area upon which the infrastructure will be constructed contains soil that has
                1. a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
                2. bedrock units with high shrink or swell susceptibility; or
                3. gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features; and the County has not otherwise required the developer to mitigate the suspect soil.
       5. Developer shall repair, within sixty days from the date of written notice by the County to the Developer, any defects, normal wear and tear excepted, which, in the opinion of the County Engineer, have developed in the improvements during the warranty period.
   20. Partial Release of Construction Bond:
       1. Partial releases of the Improvement Completion Assurance may be made when a portion of the required improvements have been satisfactorily installed, but only if the amount of the Assurance which is retained is equal to or greater than one hundred percent (100%) of the cost of installing the uncompleted improvements.
       2. Any request for a partial release shall:
          1. be in writing;
          2. be accompanied with a processing fee in such sum as determined by the County Engineer to cover the costs associated with the review and processing of the request for partial release, but not less than the minimum processing fee of $100.00;
          3. be supported by an estimate prepared and signed by the developer’s engineer which describes the improvements which have been constructed, the cost to construct the improvements which have been completed, and the estimated cost to construct the remaining improvements; and
          4. be supported by actual invoices for materials and installation costs, together with such other documentation as the County Engineer deems necessary.
             1. Submission of invoices by developer shall constitute an express warranty by developer to County that the items described on the invoices have been completely installed on the project and will not be removed by the developer (materials delivered to the site but not installed shall not be included).
       3. Any such partial release shall be made after inspection by the County Engineer, and authorization by the County Commission.
       4. If at the end of the one-year construction period, the required improvements are not complete, or if the improvements at the end of the warranty period show defects, unusual depreciation, do not comply with the applicable standards, or if any outstanding costs or liens are not paid, Utah County may send a notice of default and take action to collect the Bonds and/or action against the developer to remedy the deficiency.
   21. Continuing Obligation:
       1. It shall be the obligation and duty of the developer and its successors and assigns to carry out the conditions made applicable to the Development.
       2. In case of failure or neglect to comply with any and all of the conditions and regulations as herein established, and as made applicable to a specific Large-scale Development, the Zoning Administrator shall not issue a certificate of zoning compliance for the Development.
       3. Such failure or neglect to comply with the requirements or to maintain the Buildings and premises in accordance with the conditions of approval of the plans and documents shall also be deemed to be a violation of this ordinance.  
   22. Building Permits: No Building permit shall be issued until the plat is recorded, unless the applicant chooses to post an improvement completion assurance as defined under Utah Code §§ 17-27a-103 and 17-27a-604.5, or unless the county accepts and approves an improvement warranty as defined under the same statutes. After the plat is recorded, no Building permit shall be issued for any Structure within the Development, other than utility related Structures, until:
       1. all of the Roads, streets, street signs, traffic control signs and devices, and information signs, have been constructed, inspected, and approved;
       2. the central culinary water system, if one is proposed or required for the Development, is constructed, inspected, approved and is operational, including the issuance of all required operational permits from the State of Utah and other entities having jurisdiction;
       3. the private culinary well, if one is proposed or required for the Lot, has been drilled, tested, and approved as a culinary water source, meeting all applicable requirements for use, flow, quantity, and quality;
       4. the central sewer system, if one is proposed or required for the Development, is constructed, inspected, approved and is operational, including the issuance of all required operational permits from the State of Utah and other entities having jurisdiction; and
       5. all other required utility systems have been constructed, inspected, approved and are operational, including the issuance of all required operational permits from the State of Utah and other entities having jurisdiction, provided that if the sewer treatment method is by private septic systems entirely located on each Lot, the permit for the construction of the Dwelling may be issued concurrent with the issuance of the required permits for construction of the private septic system serving that Dwelling.

1. General Provisions:
   1. Declaration of Legislative Intent: The intent of this section is to establish guidelines which will facilitate the approval of a proposed planned unit Development plat.
   2. Scope: The owner of a tract of land containing the required amount of land as set forth in the zones in which planned unit Developments are permitted may construct a planned unit Development thereon by complying with the regulations and standards of this section, in addition to all other requirements of the land use ordinance and other applicable law.
      1. Requirements Minimum: The requirements of this section, in addition to all other requirements of the land use ordinance and other applicable law, shall be the minimum requirements for the preparation, submission, and recording of all plans, plats, and supporting documents relating to planned unit Developments.
      2. Development Agreement: The County may enter into a Development agreement which complies with the provisions of Utah Code § 17-27a-528, as amended. The agreement may require standards which are greater, but not less than, those required in this section including, but not limited to, the following
         
         1. The mandatory creation of governmental districts and/or assessment areas to offset the fiscal impact of the planned unit Development upon the County;
         2. The creation of additional on-site and/or off-site facilities and improvements necessary for the planned unit Development and/or the expansion of the proposed community;
         3. The creation of additional utility easements within the Development;
         4. Additional requirements for moderate income housing units;
         5. Additional restrictions on the location and Slopes of roadways, and;
         6. Any other additional condition or limitation necessary to ensure the implementation of generally accepted principles of good planning necessary for the health, safety, and welfare of County residents. the health, safety, and welfare of County residents. The County may, as a condition of approval, restrict recordation of a Subdivision plat until a Development agreement is formed and executed between the developer/land owner(s) and Utah County, if allowed by state law.
            
      3. Exemption from Rules of Property: The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this ordinance or any declaration, bylaw, or other document executed in accordance with this ordinance.
2. Permitted Uses: Uses permitted in planned unit Developments shall be limited to the residential, recreational, and supportive facilities listed below:
   1. One-, two-, three-, and multiple-Family Dwellings, including residential Condominium projects; town homes; manufactured home parks; and manufactured homes.
   2. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant.
   3. Family day-care centers, residential facilities for handicapped persons, and residential facilities for elderly persons.
   4. Primary and secondary Schools and preschools.
   5. Churches and other Structures for religious worship.
   6. Common indoor storage areas and screened or walled common outdoor storage areas.
   7. Common Areas and common recreational facilities for use of the residents.
   8. Convenience Establishments.
   9. Driveways, streets, Fences, walls, new underground utilities, utility distribution lines and facilities, solid waste collection areas, sewage treatment facilities, ponds, landscape features, and similar uses and Structures incidental to the main use.
3. Application Requirements: The application shall consist of the following elements.
   1. Application and Fee: A standard Large Scale Development application shall be obtained from Community Development and shall be completed and submitted with the required fee. The application shall be completed and signed by all owners of record, or applicant shall establish and provide documentary proof that applicant has a right to purchase the property..
   2. Developmental Impact Statement: The statement shall be prepared by an engineer licensed by the State of Utah, who has signed and dated the statement. See UCLUO 14.28 Appendix A for a complete list of items that shall be addressed in this statement.
   3. Layout Map:
      1. A layout map that has been dated, stamped and signed by an engineer or land surveyor licensed by the State of Utah, and shall include all of the following items:
         1. Type of Development.
         2. Name and address of developer.
         3. Name and address of designer.
         4. Date.
         5. North point, scale, and vicinity map.
         6. Township, range, and section lines.
         7. Zone designation.
         8. Perimeter boundary of the Development.
         9. Name and address of adjacent property owners.
         10. Contour intervals.
         11. Location of all existing Buildings and Structures within the perimeter boundary, and the location of existing Public Utility easements, railroads, street locations and names, power lines, culverts, drain pipes, drainage channels, Flood Channels, areas where ground water rises periodically to within five feet of the surface of the ground, and any area within the boundary of the Development in a 100 year or greater Flood area.
         12. Existing water and sewer mains and lines--location and size.
         13. Source of water and place of sewage disposal.
         14. Proposed Lot and location layout for the Development, including Lots, Building sites, open space, parks, Common Areas, common facilities, common storage areas, common recreational facilities and Structures.
         15. Number of Dwelling units within each Building.
         16. Dimensioned parking layout showing the location of parking stalls and all areas of ingress or egress.
         17. Proposed pedestrian walkways, streets and Roads--location and identification.
         18. Cross-section of proposed streets and Roads, as per county standards.
         19. Proposed underground power lines, gas lines, water lines, bridges, utilities, and utility easements.
         20. Intended source of water, location of proposed fire hydrants, and location of proposed lighting systems.
         21. Place of sewage disposal and location of solid waste collection points.
         22. Landscape layout and irrigation system.
         23. Any additional information which the Plan Coordinating Committee may require.
      2. The layout map may consist of several sheets and shall be drawn to a scale of not smaller than one-inch equals one hundred feet (1"=100'), or as determined by the Zoning Administrator.
      3. A brief explanatory note shall be placed on the layout map for any specified item which does not exist or is not applicable.
   4. Tabulations: A list of tabulations shall be individually listed on the plat and shall include: Total number of acres in the proposed Development (including any Road dedication areas).
      1. Total number of Lots or Building sites.
      2. Number of Lots for one and two-Family detached Dwellings.
      3. Number of Lots for multiple-Family Dwellings.
      4. Total number of Dwelling units.
      5. Total number of Dwelling units for moderate income housing.
      6. Percentage of each of the proposed Dwelling types.
      7. Number of off-street Parking Spaces.
      8. Percentage of area to be used for off-street parking.
      9. Percentage of area and acres to be devoted to roadways.
      10. Percentage of area to be devoted to open space (twenty percent minimum).
      11. Percentage of area covered by Buildings.
      12. Percentage of total area covered with impermeable surfaces.
   5. Engineering Drawings: The following engineering drawings, unless deemed to be inapplicable by the County Engineer, shall be properly dated, stamped and signed by an engineer licensed by the State of Utah and submitted with the application:
      1. Plan and profile drawings pertaining to the water system, fire suppression system, sewage system, street system, drainage system, irrigation system, utilities, and any other engineered drawings required by the County Engineer in order to determine compliance with the County Public Works standards, this ordinance, or other applicable requirements. Engineered drawings shall be reviewed and approved by the County Engineer.
   6. Documentation: The application shall include the following documents which shall be prepared in accordance with Utah County standards and forms:
      1. Executed articles of incorporation and bylaws of the property owners' association.
      2. A fiscal impact report consisting of an analysis of projected revenues and costs to Utah County for governmental services, on-site improvements, off-site improvements, including county Road usage to the nearest state or federal Road or highway and the utilization of Utah County mandated fire and life safety services.
      3. An executed (except by Utah County) open space preservation and maintenance agreement among the developer, the property owners' association, and Utah County, based on the Utah County format. (These must be recorded at the time the plat is recorded.)
      4. A title report with an effective date not earlier than thirty (30) days prior to the submittal date of a complete application, verifying that the owners who will execute the owner’s dedication on the plat have sufficient control to effectuate the dedication without exceptions or limitations. The title report shall be a full report (title policy commitment quality and form), including a judgment search of all Lot owners. All owners as shown on the title report shall sign the plat. If the property is owned in trust, a copy of the trust document shall be provided for review. The legal description of the property in the title report shall match exactly the legal description as contained on the plat. The plat description shall include all areas dedicated to the public, including streets. If the streets are not being dedicated to the public, the developer shall establish that the streets have previously been deeded to the County. All boundary disputes and boundary exceptions shall be resolved and deleted from the title report before it is submitted to the County (the only exceptions are the standard printed exceptions). All easements and other title restrictions shall be located on the plat and identified on the plat, including the recording information. All blanket easements shall be identified on the plat, by note, including the recording information. Lien holder consent, subordination, and if applicable, release, shall be obtained, provided on forms approved by the County Attorney’s Office, and submitted for review. If the plat is approved, the applicant shall provide an update letter from the title company, amending the prior title report effective date to the date of the recording of the plat.
      5. If the proposed central water source is an existing public water system, an agreement from the provider to permanently provide the required quantity of water. Water right documentation shall establish the approved type of use of the water, the authorized quantity of acre feet, and authorization to use the water within the area of the planned Dwelling unit.
      6. An engineering study signed, dated, and stamped by a professional engineer licensed by the State of Utah demonstrating that the applicable standards of this ordinance for water supply, water source, and water system will be met (see Paragraph D). The County Engineer shall determine whether the engineering study meets the applicable standards of this Section.
      7. A drainage and Flood plan shall be dated, stamped and signed by an engineer licensed by the State of Utah, and shall include the following:
         1. An analysis of the nature and extent of hazard from Floods originating off the premises and a plan indicating how such Flooding hazard will be accommodated within the Development (said analysis and plan may be waived by the County Engineer when ample information already exists for the area).
         2. An analysis of the nature and extent of the drainage and Flood problems which will be created by the Development, including an analysis of the amount of water generated as a result of the covering of absorption areas and a plan indicating how the drainage and Flood waters will be accommodated.
         3. The location and size of any ditches, culverts, drains, sumps, percolation basins, curbs and gutters, and other proposed Structures and facilities.
         4. A method of handling all runoff on site when an existing storm water system is not available. If all surface drainage water is proposed to be retained on-site, the engineer must certify all surface water can be maintained on-site.
         5. A statement of acceptance of the drainage waters from the appropriate entity where excess surface drainage from the Development will flow into an irrigation channel or into a public street or otherwise be directed off the premises. However, the County Engineer shall determine that no statement of acceptance is required for a natural or well-established drainage—which drainage has been identified in the drainage and Flood plan and flowed off-site prior to Development activity, and will continue to do so—if the County Engineer finds that the drainage and Flood plan demonstrates such drainage has not and will not be substantially altered, and drainage water volumes have not and will not be increased, through Development activity.
         6. A method of covering, Fencing, or similar safety treatment of canals and waterways traversing the Development.
         The drainage and Flood plan shall be reviewed and approved by the County Engineer. A note shall be placed on the plat that briefly describes the method for handling all runoff for the Development.
      8. A dated, signed and stamped itemized estimate from an engineer licensed by the State of Utah, verified by the County Engineer, stating the cost of installing all required improvements related to the Development. The cost estimate shall include the cost of all improvements, including but not limited to all irrigation plan facilities and improvements to independently irrigate each Lot, any fire-break clearing, surface water facilities, canal covering, Road improvements, utility relocation, inspections, utilities, and survey monument costs.
      9. A statement addressing the proposed bonding method or a statement that the applicant will construct all improvements prior to plat recordation.
      10. A statement from the County Health Department certifying that the proposed central water supply and central sewage disposal system conforms to the pertinent state and county health regulations.
      11. A statement from the County Engineer certifying that the proposal conforms to the pertinent provisions of the Utah County Development standards ordinance and the Road and other improvement standards of the land use ordinance.
      12. A statement from the County Fire Marshal certifying that the proposal conforms to the pertinent regulations of the adopted county fire codes and the fire-protection provisions of the land use ordinance.
      13. A tax clearance from the Utah County Treasurer.
          1. The tax clearance shall be provided for each Parcel serial number identified in or by the title report.
          2. The tax clearance shall include all property taxes due as of the date of the filing of the application and
          3. The tax clearance shall be updated to show the payment of all taxes due as of the date the plat is recorded, including applicable greenbelt rollback taxes
   7. Plat: The plat shall be reproducible and drawn in accordance with county standards at a scale of one-inch equals one hundred feet (1"=100') or as directed by the Zoning Administrator, and shall include the following:
      1. Perimeter boundary of the Development, including any Road dedication areas, and the location of all required survey monuments.
      2. The location of, all Lot lines and Setback lines, and/or building site areas, and the identifying number for each Lot, block, and Building site in the Development.
      3. The location and identification of the Building sites of common facilities, recreational Structures and service buildings.
      4. The name, location, and extent of all streets and the location and nature of all other Parcels of land to be dedicated to the public or reserved for common use by the residents of the Development.
      5. The location and identification of all easements and their specific use.
      6. The location and extent of all Parcels within the Development which are subject to the restrictions imposed by the open space preservation agreement or any limitations and conditions of approval written on the plat.
      7. Statements of limitations or conditions of approval required to be written on the plat by the Zoning Administrator, and other statements or information required by this land use ordinance, or other applicable law.
         1. The certificate of survey accuracy by the surveyor or engineer preparing the plat.
         2. The owner's dedication of land for public use, the owner's conveyance of easements and Parcels for utilities or for common use by the residents of the Development, and the owner's acceptance of the limitations or conditions of approval.
         3. The acknowledgment of the owner's dedication by a Utah Notary Public (or an equivalent officer authorized to acknowledge conveyances of real estate if the owner is out of state).
         4. The County Commission's acceptance of dedication of streets, easements, etc., along with the attesting signature of the County Clerk. The plat shall include the following signature block for these purposes:
            
            

            ACCEPTANCE BY COUNTY COMMISSION
            The County Commission of Utah County hereby accepts the dedication of all streets, easements, and other Parcels of land intended for public purposes for the perpetual use of the public this _____ day of _____________ A.D. ____.
            _______________________ Commissioner	Attest: _______________________ Clerk

         5. The County Engineer’s certification and stamp that the approved plans for the Development conform to the Utah County standards and requirements for Roads and other improvements. The plat shall include the following signature block for these purposes:
            
            

            COUNTY ENGINEER CERTIFICATION
            The County Engineer of Utah County certifies the plans for this Development conform to the Utah County standards and requirements for Roads and other improvements.
            _____________________________________, Sign	______________ Date

         6. The culinary water and Sanitary Sewer Authority’s approval of the culinary water and sanitary sewer facilities of the Development. The plat shall include the following signature blocks for these purposes:
            
            

            APPROVAL BY THE CULINARY WATER AUTHORITY
            The undersigned Culinary Water Authority approves this plat for culinary water purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

            
            

            APPROVAL BY THE SANITARY SEWER AUTHORITY
            The undersigned Sanitary Sewer Authority approves this plat for sanitary sewer purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

         7. The utility owners’ and/or operators’ approval of the applicable underground utilities, other utility facilities, easements, rights-of-way, etc., of the Development; however, Utah County shall not require the plat to be approved or signed by a person or entity who does not provide a utility or other service directly to the Lots within the Development, unless provided or required by the Utah Code, as amended. The plat shall include the following signature block for this purpose:
            
            

            APPROVAL BY OWNERS AND OPERATORS OF UNDERGROUND UTILITIES AND OTHER UTILITY FACILITIES
            The undersigned owners or operators of the underground utilities and other utility facilities located on this plat hereby approve the boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; hereby approve the location of existing underground and utility facilities; and hereby approve the conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of records, and utility facilities within the Development, as shown on this plat.
            ______________________ Utility Provider	______________________ Utility Provider
            ______________________ Utility Provider	______________________ Utility Provider

         8. The County Administrative Land Use Authority’s certification that plans for the Development conform to the Utah County land use standards and requirements. The plat shall include the following signature blocks for these purposes.

            COUNTY ADMINISTRATIVE LAND USE AUTHORITY CERTIFICATION
            The County Administrative Land Use Authority of Utah County certifies the plans for this Development conform to the Utah County land use standards and requirements.
            __________________________, Sign	_______________ Date

         9. Certifications required by State Law and other as permitted by this land use ordinance or other applicable law.
         10. The Zoning Administrator in consultation with the Attorney’s Office may approve modifications to the required certifications, as needed, to address the individual circumstances of applications.
   8. A noxious weed certification that lands being subdivided are free from invasive noxious weeds or have undergone appropriate noxious weed control treatment, shall be submitted with the application. The list of invasive noxious weeds shall be recommended by the Utah County Weed Control Board and approved by the County Commission.
      1. A noxious weed certification is considered valid if it has been signed and dated by an inspector which has been approved by the Utah County Weed Control Board.
      2. The noxious weed certification shall remain viable for a period of two (2) years from the date of the certification. Inspections shall be made during the period from April 1 through September 30.
         1. In lieu of certification, a two (2) year Bond may be approved by the County Commission in the amount of $500.00 per acre with a maximum Bond amount of $5000.00.
         2. A valid noxious weed certification shall be submitted within two (2) years after the date of Subdivision approval or the Bond will be forfeited to Utah County.
4. Standards and Conditions: All planned unit Developments shall conform to all of the requirements of this land use ordinance and the following standards and conditions.
   1. Design:
      1. The plans shall be prepared by an engineer licensed to practice in the State of Utah.
      2. The developer is encouraged to stagger the front Setback of individual Lots as shown on the plat, to create a diversified streetscape.
      3. Spacing of Development clusters, Dwelling units and residential Structures is encouraged to allow for uninterrupted Common Area and the utilization of integrated open space; and each Development cluster shall be not less than 200 feet from an adjacent Development cluster as measured between the nearest Structures.
      4. At least ten (10) percent of the Dwellings or units shall meet the moderate income housing criteria, as defined in the Utah Code.
      5. The suitability and capability of soils, the enhancement of aesthetic and scenic values, the convenience of access, the preservation of bodies of water, and other significant features are factors to consider in the design of the Development.
      6. Individual Building Lots within the planned unit Development shall average a minimum of 10,000 square feet per Lot.
   2. Landscape Layout:
      1. All areas not included within designated open space and not covered by Buildings, off-street parking or driveways, shall be landscaped and shall be maintained in accordance with good landscape practice, or maintained in natural vegetation found on the site. The layout shall include both existing and proposed landscape areas and shall specify the general types of plants and architectural features to be used.
      2. The installation of permanent sprinkler or irrigation systems are required when necessary to sustain planted areas.
   3. Open Space, Parks, Playgrounds, and Facilities:
      1. At least twenty percent (20%) of the area in the proposed Development shall be designated for open space. The land covered by vehicular Roads, off-street parking, Yard areas around the Dwellings, common storage facilities, and service Buildings shall not be included in the area used to meet the open space requirement.
      2. As assurance that the designated area will remain in open space, the developers shall execute an open space preservation and maintenance agreement with the county in which the developer and the homeowner’s association to maintain the open space and agree to refrain from constructing Dwellings or other Structures on the designated open space areas.
      3. The open space shall not be a separate or unimproved Parcel of land, but shall be fully integrated into the design of the Development in a manner which is most useful and convenient for the residents of the Development; a minimum of at least twenty-five percent (25%) of the total open space shall be landscaped and suitable for both active and passive recreational use.
      4. All Flood plain areas, if any, natural or man-made streams, ponds or other water features or any riparian habitat shall be identified and preserved as common open space.
      5. Construction of all Common Areas and facilities shall be provided by the developer and shall be maintained by the property owners’ association.
         
   4. Size: The minimum acreage required to qualify for a planned unit Development shall be twenty (20) acres. The maximum size of a planned unit Development shall be seventy-five (75) acres.
   5. Density: The Dwelling units may be situated in one or more Buildings and the Building locations are encouraged to be clustered, provided that the total number of Dwelling units within the Development shall not exceed two (2) times the number of acres within the Development. The ratio of Dwelling units per acre may be increased from two (2) times the number of acres in the Development to three (3) times the number of acres in the Development by the County Commission, if any of the following are provided in the Development:
      1. the amount of open space is increased from the minimum of twenty percent (20%) of the area of the Development to at least thirty percent (30%) of the area;
      2. where the number of moderate income housing units is increased from the minimum of ten percent (10%) of the total Dwelling units to at least twenty percent (20%) of the total Dwelling units; or
      3. the open space is open for the use of the general public and provides amenities to the general public, such as a trail that is part of an adopted state or county trail system.
   6. Paved Road Access: All planned unit Developments shall abut on and shall have access to a hard-surfaced public street that is part of the paved official county, state or municipal Road system. However, a planned unit Development that is an extension of a previously approved plat may obtain Paved Road access through said prior plat.
   7. Street System:
      1. All public streets shall conform to the official Road standards for public streets as adopted by Utah County, including the full width of pavement for county Roads bordering the Development.
      2. In the event that the land within the proposed Development is traversed by a proposed street that is shown on the transportation element map of the county General Plan, a note shall be placed on the plat that (1) explains that the Development is traversed by a proposed street shown on the transportation element map of the county General Plan, (2) establishes that Dwellings shall not be constructed within fifty (50) feet of the proposed street, and (3) strongly discourages the construction of any permanent Structure within one-hundred (100) feet of the proposed street.
      3. The street system of the Development shall conform to the officially approved county standards for planned unit Developments with respect to width, alignment, Grades, length of cul-de-sacs, size of turnarounds, and other features of design.
      4. The street system should be designed in such a way as to avoid, where possible, the fronting of residential Dwellings on collector or arterial streets.
      5. No vehicular Road shall have a Grade of more than eight (8) percent.
         
         
      6. A Grade of ten (10) percent may be approved, upon recommendation of the County Engineer, when the County Commission finds all of the following criteria are met:
         1. The Grade is necessary to eliminate extra cuts, Fills, or circuitous routes.
         2. No section of Road which exceeds 8 percent Grade is longer than one thousand (1000) feet in length.
            
         3. Police, fire, ambulance, snow removal, and other essential services can be provided at an equal level of quality.
         4. No section of Road exceeding a Grade of 8 percent is located within two hundred (200) feet of an intersection, or is on a curve having a radius of one hundred fifty (150) feet or less for the curve of the inside street line.
      7. All vehicular Roads in the Development shall be paved with a three (3) inch asphaltic surface over a six (6) inch crushed gravel base, and suitable sub-base, or the equivalent in concrete surfacing, in accordance with the Utah County Development standards ordinance.
      8. Each intersection shall bear permanent street name signs sufficient in design for easy identification for emergency Vehicles and others
      9. The maximum length of any dead-end Road or cul-de-sac shall be seven hundred and fifty (750) feet, measured from the nearest edge of right-of-way from the connecting through Road to the center of the cul-de-sac or turn-around, except that an additional 750 feet may be approved by the Utah County Fire Marshal when the design of such extension is in compliance with currently adopted fire codes.
      10. Any Development that abuts on public land which has an existing access to the public land shall maintain the access by providing a public access road through the Development to the public land.
      11. If access is on a state highway, a letter shall be provided from UDOT granting the access onto the state highway, with the location of the access shown on the plat. The County Engineer must approve the plans.
   8. Curbs, Gutters and Sidewalks: Curbs, gutters, and sidewalks meeting the Utah County Development standards shall be constructed by the developer along county Roads located within the Development and along the abutting side of county Roads adjoining the Development. Curbs, gutters, sidewalks, and walkways not along or abutting county Roads shall be provided within the Development according to the developer's circulation plan and storm drainage plan.
      
      The applicable standards of the next three (3) Paragraphs (Water Supply, Water Source, and Water System) are those that must be addressed in the engineering study referenced above in Paragraph C.
   9. Water Supply:
      1. Water Rights: The property within all plats shall be provided by the developer with perpetual water rights meeting the following standards:
         1. Culinary-quality water for use inside the Dwelling shall be provided to each Dwelling unit at a flow rate of at least .015 cubic feet per second per Dwelling unit and a quantity of at least .45 acre-feet per year per Dwelling unit. Where the Development is not limited to Dwelling use alone, culinary-quality water shall be provided for occupied Structures other than Dwellings in the amount determined by the County Engineer after receiving an engineering study of water use from the developer.
         2. Water for maintaining landscaping and fuel-breaks around Dwellings and occupied Structures shall be provided at the rate of at least 1 acre-foot per year per occupied Structure (including Dwellings) and Building site, which water shall be available from April 30 to October 1 annually.
         3. Water for irrigation shall be provided as follows:
            1. Irrigation water shall be provided at a rate of at least 1.5 acre-feet per acre per year for the entire area of each Lot and Parcel of the Development beyond the first 10,000 square feet of area of each Lot and Parcel, which quantity of water must be available from April 30 to October 1 annually:
            2. The County Engineer may approve an applicant’s request for a reduction in the amount of irrigation water required if an engineering study determines one or more of the following: 
               1. that less water is needed to establish and to meet the green plant needs of alfalfa due to the depth of the water table.
               2. that less water is needed for each Lot because of an average Slope of eight (8)-percent or greater on each Lot and environmental conditions are not suitable for cultivation and irrigation of crops on at least 45-percent of each Lot; or
               3. that less water is needed because of the incorporation of water conservation techniques into the irrigation plan for each Lot or Parcel.
            3. The engineering study shall include all of the following:
               1. the quantity of irrigation water needed for each Lot and Parcel based on the engineer’s water reduction findings in subsection (3)(B);
               2. An examination of the land included in the proposed Development including:
                  1. depth of the water table;
                  2. annual precipitation;
                  3. topography;
                  4. cultivation suitability;
                  5. the incorporation of any water conservation techniques in the irrigation plan; and
                  6. any applicable fire codes; and
               3. the impacts to the aquifer(s) supplying water to the Development should the adjustment be granted.
            4. The irrigation water quantity requirement is met even if the water rights from some sources are restricted as to coverage, such that the water cannot be applied to the entire area of the Lot.
      2. Water Quality:
         1. Culinary water for use inside the Dwelling and water for fire protection shall be provided by a central water system, approved as a public water system by the Utah Department of Environmental Quality, Division of Drinking Water.
      3. Types and Duration of Rights:
         1. The developer must present an engineering study demonstrating that the standards of this ordinance for water rights and water systems will be met.
         2. Where water rights are to be supplied by a municipality, district, water company or other supplier which serves users outside as well as inside the Development, the study shall show that the supplier can meet its commitments outside the subject Development while meeting the standards of this ordinance within the Development.
   10. Water Source:
       1. The engineer shall confirm that the proposed source water has been tested and found to comply with all applicable, adopted Utah County standards for delivery, flow, and quality, and shall provide his/her opinion on the water system’s ability to meet Utah County standards when the project is complete. The engineer’s opinion shall be based on best available data.
       2. If wells are proposed to provide the water for a central water system, the wells must be drilled and tested to establish that the wells will be able to provide the required flow, quality, and quantity of water, as per the applicable, adopted Utah County standards.
   11. Water System:
       1. All planned unit Developments shall have a central water system that supplies culinary quality water for culinary use and provides flow for fire protection, which system meets the applicable, current Series 500 rules of Title R309 of the Utah Administrative Code, and any other current, applicable State of Utah drinking water rules and policies, as well as the applicable, adopted county fire codes. If a central water system is proposed to service a planned unit Development, but has not yet been constructed, plat application approval shall not occur until water system plan approval has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water; the central water system shall not be put into service until an operating permit has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water.
       2. Irrigation systems need not have a central storage facility, but must be designed to provide the required irrigation water flows and coverage.
   12. Sewage Disposal: Each planned unit Development shall be provided with and served by a central sewage disposal system which is approved by the State of Utah and the County Health Department.
   13. Fire Protection: Fire hydrants and other fire protection shall be determined by the Fire Marshal using applicable adopted codes.
   14. Off-Street Parking:
       1. The proposed Development shall provide two off-street Parking Spaces for each Dwelling unit.
       2. Additional off-street Parking Spaces for visitors shall be provided at a ratio of one-half space per Dwelling unit, which shall be located within 400 feet from the Dwelling unit it is intended to serve.
       3. Additional off-street Parking Spaces for other uses shall also be required as set forth in this land use ordinance.
   15. Utilities:
       1. All new utilities shall be installed underground. Existing above-ground utilities that must be relocated are not required to be placed underground, unless required by the utility provider in writing.
       2. Easements of not less than ten (10) feet in width shall be required for all utility lines, the location of which may vary depending upon the design of the Development.
       3. No Structure shall be placed within the designated easements except utility Structures.
   16. Location Requirements for Buildings and Structures: The location of all Buildings and Structures not located on a separate platted Lot shall be shown on the plat, along with the Building’s proposed use. Where the developer elects to plat separate Lots, Setback lines shall be shown on the final plat, along with the specified use for the separate Lots. Setback distances shall conform to the following standards:
       1. Front and Rear Setback: All Buildings and Structures shall have a combined front and rear Setback of at least thirty (30) feet, but not less than ten (10) feet from the front and ten (10) feet from the rear unless a greater Setback is be required by UCLUO 4.68 of this land use ordinance. The developer/builder is encouraged to stagger the front Setbacks to create a diversified streetscape.
       2. Side Setback: All Buildings and Structures shall be set back from a side property line a distance of at least five (5) feet. The side Setback from any street shall be not less than ten (10) feet unless a greater Setback is required by UCLUO 4.68 of this land use ordinance. Townhomes with a common wall between units shall be construed as a single Structure for Setback calculations.
   17. Outdoor Storage Facility: A common outdoor storage area may be provided for the planned unit Development and designed in accordance with the following standards:
       1. The facility shall be enclosed within a sight-obscuring Fence or wall not less than six (6) feet in height
       2. The facility shall be readily accessible from the street system of the planned unit Development.
5. Required Improvements: All improvements which are required under the terms of this ordinance shall be shown on the layout map, engineered drawings, or recorded plat. Such improvements shall be constructed by the developer in accordance with the Utah County Development Standards Ordinance and inspected by the County Engineer. For planned unit Developments, the required improvements include all improvements required by the terms of this land use ordinance, and the following:
   1. Streets, driveways, and parking areas which shall be Graded, graveled, and hard-surfaced as per the approved street plan and street cross-sections.
   2. Walkways, street signs, and traffic control devices.
   3. An approved surface water, drainage, and Flood control system, including both off-site and on-site facilities.
   4. An approved central culinary water and fire suppression water supply system, including both off-site and on-site facilities.
   5. An approved central sewer system, including both off-site and on-site facilities.
   6. Fire hydrants.
   7. Permanent survey monuments.
   8. Installed underground utilities, including natural gas (where available), electrical supply lines, and telephone lines.
   9. Landscaping in Common Areas.
   10. An approved landscape watering and irrigation system, including both off-site and on-site facilities.
   11. Coverings or fencing for safety of canals and streams, when applicable.
   12. All facilities and amenities shown for common use, including all Fences, walls and other Common Area improvements and Structures.
   13. Other improvements as permitted by this land use ordinance or other applicable law.

1. General Provisions:
   1. Declaration of Legislative Intent: The intent of this section is to establish requirements for the approval of a proposed planned Subdivision plat.
   2. Scope: The owner of a tract of land containing the required amount of land as set forth in the zones in which planned Subdivisions are permitted may construct a planned Subdivision thereon by complying with the regulations and standards of this section, in addition to all other requirements of the land use ordinance and other applicable law.
      1. Requirements Minimum: The requirements of this section, in addition to all other requirements of the land use ordinance and other applicable law, shall be the minimum requirements for the preparation, submission, and recording of all plans, plats, and supporting documents relating to planned Subdivisions.
      2. Development Agreement: The County may enter into a Development agreement which complies with the provisions of Utah Code § 17-27a-528, as amended. The agreement may require standards which are greater, but not less than, those required in this section including, but not limited to, the following:
         1. The mandatory creation of governmental districts and/or assessment areas to offset the fiscal impact of the planned Subdivision upon the County;
         2. The creation of additional on-site and/or off-site facilities and improvements necessary for the planned Subdivision;
         3. The creation of additional utility easements within the Development;
         4. Additional requirements for moderate income housing units; and
         5. Additional restrictions on the location and Slopes of roadways.
         The County may, as a condition of approval, restrict recordation of a Subdivision plat until a Development agreement is formed and executed between the developer/land owner(s) and Utah County if allowed by state law.
      3. Exemptions from Rule of Property: The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this ordinance or any declaration, bylaw, or other document executed in accordance with this ordinance.
2. Permitted Uses: A planned Subdivision shall consist of the platting of real property into one or more Lots, Parcels, or other division of land, following the procedure outlined in this ordinance. Land uses permitted on the Lots of a Subdivision shall be limited to those listed as permitted uses or permitted Conditional Uses for the zoning district in which the Subdivision plat is located.
3. Application Requirements: The application shall consist of the following elements.
   1. Application and Fee: A standard Large Scale Development application shall be obtained from Community Development and shall be completed and submitted with the required fee. The application shall be completed and signed by all owners of record, or applicant shall establish and provide documentary proof that applicant has a right to purchase the property.
   2. Developmental Impact Statement: The statement shall be dated, stamped and signed by an engineer licensed by the State of Utah. See UCLUO 14.28 Appendix A for a complete list of items that shall be addressed in this statement.
   3. Layout Map:
      1. A layout map that has been dated, stamped and signed by an engineer or land surveyor licensed by the State of Utah, and shall include all of the following items:
         1. Type of Development.
         2. Name and address of developer.
         3. Name and address of designer.
         4. Date.
         5. North point, scale, and vicinity map.
         6. Township, range, and section lines.
         7. Zone designation.
         8. Perimeter boundary of the Development.
         9. Name and address of adjacent property owners.
         10. Contour intervals.
         11. Location of all existing Buildings and Structures within the perimeter boundary, and the location of existing Public Utility easements, railroads, street locations and names, power lines, culverts, drain pipes, drainage channels, Flood Channels, areas where ground water rises periodically to within five feet of the surface of the ground, and any area within the boundary of the Development in a 100 year flood area.
         12. Existing water and sewer mains and lines--location and size.
         13. Source of water and place of sewage disposal.
         14. Proposed Lot and location layout for the Development including Lots, streets, street names, utility easements, Building sites, Common Areas, common recreational facilities and Structures, and Building setback lines.
         15. Cross-section of proposed new streets.
         16. Proposed power lines, bridges, utilities, and utility easements.
         17. Proposed water, sewage lines--location and size and place of sewage disposal, and location of solid waste collection points.
         18. Intended source of water, if private wells, must be one well per Lot for culinary use, location of proposed fire hydrants, and location of any proposed lighting systems.
         19. Layout of irrigation system if required, showing how water will be delivered and distributed on the Lots.
         20. Any additional information which the Plan Coordinating Committee may require.
             
      2. The layout map may consist of several sheets and shall be drawn to a scale of not smaller than one-inch equals one hundred feet (1"=100'), or as determined by the Zoning Administrator.
      3. A brief explanatory note shall be placed on the layout map for any specified item which does not exist or is not applicable.
      4. A layout map is not required for a planned Subdivision having 5 or fewer Lots when:
         1. each Lot is five acres or larger in area; and
         2. each Lot will utilize individual wells and septic tanks.
   4. Excluded Portions of Parcels: The portion of a parcel of land which is not included within a proposed planned Subdivision plat must qualify for, and be approved as, an agricultural land exemption from the Subdivision plat requirements, as provided in UCLUO 14.04.
   5. Tabulations: A list of tabulations shall be individually listed on the plat and shall include:
      1. Total number of acres in the proposed Development (including any Road dedication area).
      2. Total number of Lots or Building sites.
      3. Percentage of area and acres to be devoted to roadways.
      4. Percentage of area and acres to be devoted to Common Area.
   6. Engineering Drawings: The following engineering drawings, unless deemed to be inapplicable by the County Engineer, shall be properly dated, stamped and signed by an engineer licensed by the State of Utah and submitted with the application:
      1. Plan and profile drawings pertaining to the water system, fire suppression system, sewage system, street system, drainage system, irrigation system, utilities, and any other engineered drawings required by the County Engineer in order to determine compliance with the County Public Works standards, this ordinance, or other applicable requirements. Engineered drawings shall be reviewed and approved by the County Engineer.
   7. Documentation: The application shall include the following documents which shall be prepared in accordance with Utah County standards and forms:
      1. Executed articles of incorporation and bylaws of the homeowner association. (This requirement only applies to Planned Subdivisions with Common Area).
      2. An executed (except by Utah County) Common Area preservation agreement and an executed maintenance agreement among the developer, the homeowner association, and Utah County, based on the Utah County format. (These agreements must be recorded at the time the plat is recorded and are only required for those Planned Subdivisions with Common Area).
      3. A title report with an effective date not earlier than thirty (30) days prior to the submittal date of a complete application, verifying that the owners who will execute the owner’s dedication on the plat have sufficient control to effectuate the dedication without exceptions or limitations. The title report shall be a full report (title policy commitment quality and form), including a judgment search of all Lot owners. All owners as shown on the title report shall sign the plat. If the property is owned in trust, a copy of the trust document shall be provided for review. The legal description of the property in the title report shall match exactly the legal description as contained on the plat. The plat description shall include all areas dedicated to the public, including streets. If the streets are not being dedicated to the public, the developer shall establish that the streets have previously been deeded to the County. All boundary disputes and boundary exceptions shall be resolved and deleted from the title report before it is submitted to the County (the only exceptions are the standard printed exceptions). All easements and other title restrictions shall be located on the plat and identified on the plat, including the recording information. All blanket easements shall be identified on the plat, by note, including the recording information. Lien holder consent, subordination, and if applicable, release, shall be obtained, provided on forms approved by the County Attorney’s Office, and submitted for review. If the plat is approved, the applicant shall provide an update letter from the title company, amending the prior title report effective date to the date of the recording of the plat.
      4. If the proposed water source is an existing public water system, an agreement from the provider to permanently provide the required quantity of water. If the proposed central water source is not an existing public water system, documents from the Utah Division of Drinking Water approving the proposed public water system. If the proposed water source is not a public water system, each Lot shall have a well located on the Lot except for shared wells as permitted in this section. At the time an applicant seeks to utilize the provisions for a shared well, the applicant shall submit 1) proof of shared ownership, 2) documentation that each Lot qualifies independently for a well on site, 3) record a document on the Lot without a well, on a form acceptable to the Utah County Attorney's Office, apprising future owners of the requirement for separate well should shared ownership of the Lots terminate, and that future Development or well placement might be impacted by the location of wastewater systems, and 4) that any Building permit utilizing a shared well provide a site plan depicting the location of facilities associated with the shared well and buildable area limitations on the Lot without a well due to the need to preserve a location for any future required will on site. With any Lot where the proposed water source is not a public water system, the applicant shall provide a water right issued by the State Engineer for a permanent source of water which meets County standards. Copies of all applicable state water rights documentation, including applications and memorandum decisions shall be provided. All water rights shall be segregated for each Lot within the proposed Subdivision. Each Lot shall have a separate water right. Water right documentation shall establish the approved type of use of the water, the authorized quantity of acre feet, and authorization to use the water on the Lot. All irrigation water rights shall be accompanied by a letter from the irrigation company establishing the average number of acre-feet delivered per share of water stock. Water share certificates shall be separated and allocated to each Lot within a Subdivision (with separate certificates and certificate numbers). Copies of the share certificates shall be provided and submitted along with the application. The applicant shall be shown as the owner of all water rights. If the water rights are attached to a specific property (i.e. Strawberry water) the irrigation company shall provide an overlay on a copy of the plat showing the area covered by the irrigation water, together with a letter from the water company assigning a separate water right or serial number to each Lot and identifying the ownership and acre feet of water provided to each Lot.
      5. An engineering study signed, dated, and stamped by a professional engineer, licensed by the State of Utah, demonstrating that the applicable standards of this Section for water supply, water source, and water system will be met (see Paragraph D). The County Engineer shall determine whether the engineering study meets the applicable standards of this Section.
      6. A Declaration and Dedication of Water in the approved format, which has been signed by all owners of the water rights and of the property, shall be used to tie the water to each individual Lot and to ensure a sufficient amount of culinary, landscaping and irrigation water is attached to each Lot. The Declaration shall separately identify the amount of culinary water, landscaping water, and irrigation water required to be attached to each Lot. This document shall also separately identify the culinary water, landscaping water, and irrigation water being attached to each Lot, and shall identify the share certificate serial numbers, water right and change application numbers, together with the number of annual acre-feet of water associated with each water right. The plat shall contain a note identifying the quantity of culinary water, landscaping water, and irrigation water required to be attached to each Lot. The plat shall also contain a note that states any transfer or purported transfer of the required water rights apart from the Lots, or the Lots apart from the water rights, without the express written consent of the Zoning Administrator, shall be null and void, and all residential use of any such Lot shall cease. After the Declaration and the Plat are recorded, a copy of the Declaration shall be provided to the State Engineer’s Office to be filed with the water right file.
      7. A drainage and flood plan shall be dated, stamped and signed by an engineer licensed by the State of Utah, and shall include the following:
         1. An analysis of the nature and extent of hazard from floods originating off the premises and a plan indicating how such flooding hazard will be accommodated within the Development (said analysis and plan may be waived by the County Engineer when ample information already exists for the area).
         2. An analysis of the nature and extent of the drainage and flood problems which will be created by the Development, including an analysis of the amount of water generated as a result of the covering of absorption areas and a plan indicating how the drainage and flood waters will be accommodated.
         3. The location and size of any ditches, culverts, drains, sumps, percolation basins, curbs and gutters, and other proposed Structures and facilities.
         4. A method of handling all runoff on site when an existing storm water system is not available. If all surface drainage water is proposed to be retained on-site, the engineer must certify all surface water can be maintained on-site.
         5. A statement of acceptance of the drainage waters from the appropriate entity where excess surface drainage from the Development will flow into an irrigation channel or into a public street or otherwise be directed off the premises. However, the County Engineer shall determine that no statement of acceptance is required for a natural or well-established drainage—which drainage has been identified in the drainage and flood plan and flowed off-site prior to Development activity, and will continue to do so—if the County Engineer finds that the drainage and flood plan demonstrates such drainage has not and will not be substantially altered, and drainage water volumes have not and will not be increased, through Development activity.
         6. A method of covering, fencing, or similar safety treatment of canals and waterways traversing the Development.
         The drainage and flood plan shall be reviewed and approved by the County Engineer. A note shall be placed on the plat that briefly describes the method for handling all runoff for the Development.
      8. A dated, signed and stamped itemized estimate from an engineer licensed by the State of Utah, verified by the County Engineer, stating the cost of installing all required improvements related to the Development. The cost estimate shall include the cost of all improvements, including but not limited to all irrigation plan facilities and improvements to independently irrigate each Lot, any firebreak clearing, surface water facilities, canal covering, street improvements, utility relocation, inspections, utilities, and survey monument costs.
      9. A statement addressing the proposed bonding method or a statement that the applicant will construct all improvements prior to plat recordation.
      10. A statement from the County Health Department certifying that the proposed central water supply or water from wells on each Lot and central sewage disposal system or septic tank sewage disposal system on each Lot conforms to the pertinent state and county health regulations. The letter shall approve the culinary water and sewage facilities and shall include a verification that the water quality tests have been reviewed and approved, and all culinary water feasibility tests have been satisfactorily completed. Any conditions, limitations, or restrictions shall be added as a note on the Plat. If septic systems are proposed, the plat shall contain the following note:
          
          Individual Lots have neither been tested nor approved for septic systems. No Building permit will be issued until septic system approval is granted by the County Health Department, any Lot not approved will not be approved for a Dwelling.
          
          If individual wells located on each Lot are proposed, but are not yet drilled, the plat shall contain the following note:
          
          Individual wells located on each Lot have neither been drilled nor found to produce the required quality, quantity and flow of water. No Building permit for a Dwelling or other occupied Building will be issued until the wells are drilled and found to produce the required quality, quantity and flow of water. Any Lot with a well that has not been drilled and found to produce the required quality, quantity and flow of water will not be approved for a Dwelling.
      11. A statement from the County Engineer certifying that the proposal conforms to the County standards and requirements for Roads and other improvements. The approval letter from the County Engineer will address: plat accuracy, any of the applicant’s Engineer’s statements or drawings (i.e. irrigation plan, letter on water, drainage, Roads, etc.), and all on-site and off-site improvement costs. The approval letter shall be without exceptions or conditions. If any exceptions or conditions are listed, the issues shall be resolved and a new letter submitted. All Public Utility and irrigation easements shall be shown on the plat, survey monuments shall be shown on the plat, street dedication areas shall be clearly identified and labeled as being dedicated to the public, and the design of the Subdivision shall comply with County requirements. The dedication language on the plat shall read as follows:
          
          Know all men by these present that we, all of the undersigned owners of all of the property described in the surveyor’s certificate hereon and shown on this map, have caused the same to be subdivided into Lots, blocks, streets and easements, and do hereby dedicate the streets and other public areas as indicated hereon for the perpetual use of the public, the Public Utility easements to all utility providers, public or private, and the irrigation easements to all Lot owners, and their successors and assigns in perpetuity.
      12. A statement from the County Fire Marshal certifying that the proposal conforms to the pertinent regulations of the adopted county fire codes and the fire-protection provisions of the land use ordinance; however, despite any other requirement in this Ordinance, the statement from the Fire Marshal is not required for a planned Subdivision that meets the following criteria:
          1. all Lots have a minimum area of five (5) acres;
          2. no Lot is connected to a central water system; and
          3. fire hydrants are not required, nor provided, for the planned Subdivision.
      13. A tax clearance from the Utah County Treasurer.
          1. The tax clearance shall be provided for each Parcel serial number identified in or by the title report.
          2. The tax clearance shall include all property taxes due as of the date of the filing of the application and
          3. The tax clearance shall be updated to show the payment of all taxes due as of the date the plat is recorded, including applicable greenbelt rollback taxes.
   8. Plat: The plat shall be reproducible and be drawn in accordance with county standards at a scale of one inch equals one hundred feet (1"=100') or as directed by the Zoning Administrator, and shall show the following:
      1. Perimeter boundary of the Development, including any Road dedication areas, and the location of all required survey monuments.
      2. The location of all Lot lines and/or Building site areas, and the identifying number for each Lot, block, and building site in the Development.
      3. The name, location, and extent of all streets and the location and nature of all other Parcels of land to be dedicated to the public or reserved for common use by the residents of the Development.
      4. The location and identification of all easements and their specific use.
      5. The location and extent of all Parcels within the Development which are subject to deed restrictions or any other limitations, or which are subject to conditions of approval written on the plat.
      6. Statements of limitations or conditions of approval required to be written on the plat by the Zoning Administrator, and other statements or information required by this land use ordinance, or other applicable law.
         1. The certificate and seal of survey accuracy by the surveyor or engineer preparing the plat.
         2. The owner's dedication of land for public use, and the owner's conveyance of easements and Parcels for utilities or other special use.
         3. The acknowledgment of the owner's dedication by a Utah Notary Public (or an equivalent officer authorized to acknowledge conveyances of real estate if the owner is out of state).
         4. The County Commission's acceptance of dedication of streets, easements, etc., along with the attesting signature and stamp of the County Clerk. The plat shall include the following signature block for these purposes:
            
            

            ACCEPTANCE BY COUNTY COMMISSION
            The County Commission of Utah County hereby accepts the dedication of all streets, easements, and other Parcels of land intended for public purposes for the perpetual use of the public this _____ day of _____________ A.D. ____.
            _______________________ Commission Chair	Attest: _______________________ Clerk

         5. The County Engineer’s certification and stamp that the approved plans for the Development conform to the Utah County standards and requirements for Roads and other improvements. The plat shall include the following signature block for these purposes:
            
            

            COUNTY ENGINEER CERTIFICATION
            The County Engineer of Utah County certifies the plans for this Development conform to the Utah County standards and requirements for Roads and other improvements.
            _____________________________________, Sign	______________ Date

         6. The culinary water and Sanitary Sewer Authority’s approval of the culinary water and sanitary sewer facilities of the Development. The plat shall include the following signature blocks for these purposes:
            
            

            APPROVAL BY THE CULINARY WATER AUTHORITY
            The undersigned Culinary Water Authority approves this plat for culinary water purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

            
            

            APPROVAL BY THE SANITARY SEWER AUTHORITY
            The undersigned Sanitary Sewer Authority approves this plat for sanitary sewer purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

         7. The utility owners’ and/or operators’ approval of the applicable underground utilities, other utility facilities, easements, rights-of-way, etc., of the Development; however, Utah County shall not require the plat to be approved or signed by a person or entity who does not provide a utility or other service directly to the Lots within the Development, unless provided or required by the Utah Code, as amended. The plat shall include the following signature block for this purpose:
            
            

            APPROVAL BY OWNERS AND OPERATORS OF UNDERGROUND UTILITIES AND OTHER UTILITY FACILITIES
            The undersigned owners or operators of the underground utilities and other utility facilities located on this plat hereby approve the boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; hereby approve the location of existing underground and utility facilities; and hereby approve the conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of records, and utility facilities within the Development, as shown on this plat.
            ________________________ Utility Provider	________________________ Utility Provider
            ________________________ Utility Provider	________________________ Utility Provider

         8. The County Administrative Land Use Authority’s certification that plans for the Development conform to the Utah County land use standards and requirements. The plat shall include the following signature blocks for these purposes:

            COUNTY ADMINISTRATIVE LAND USE AUTHORITY CERTIFICATION
            The County Administrative Land Use Authority of Utah County certifies the plans for this Development conform to the Utah County land use standards and requirements.
            ________________________, Sign	________________________ Date

         9. Certifications required by State Law and other certifications as permitted by this land use ordinance or other applicable law.
         10. The Zoning Administrator in consultation with the County Attorney’s Office may approve modifications to the required certifications, as needed, to address the individual circumstances of applications.
   9. A noxious weed certification that lands being subdivided are free from invasive noxious weeds or have undergone appropriate noxious weed control treatment, shall be submitted with the application.
      1. A noxious weed certification is considered valid if it has been signed and dated by an inspector which has been approved by the Utah County Weed Control Board. The list of invasive noxious weeds shall be recommended by the Utah County Weed Control Board and approved by the County Commission.
      2. The noxious weed certification shall remain viable for a period of two (2) years from the date of the certification. Inspections shall be made during the period from April 1 through September 30.
         1. In lieu of certification, a two (2) year Bond may be approved by the County Commission in the amount of $500.00 per acre with a maximum Bond amount of $5000.00.
         2. A valid noxious weed certification shall be submitted within two (2) years after the date of Subdivision approval, or the Bond will be forfeited to Utah County
4. Standards and Conditions: All planned Subdivisions shall conform to all of the requirements of this land use ordinance and the following standards and conditions.
   1. Design:
      1. The plans shall be prepared by an engineer licensed to practice in the State of Utah.
      2. The design of Subdivisions shall conform to County Public Works standards, requirements of this land use ordinance and other applicable law.
   2. Size of Development:
      1. The minimum acreage required to qualify for a planned Subdivision shall be in accordance with the following schedule:

         Zone	Area (in acres)	Zone	Area (in acres)
         RA-5	5	M&G-1	50
         RR-5	5*	NC-1	1
         TR-5	5*	HS-1	1
         CE-1	50	I-1	1
         CE-2	20	A-40	40
         G-1	50

      2. A Parcel less than five (5) acres may be approved for a planned Subdivision, provided that:
         1. Such Parcel is located in the TR-5 or RR-5 Zone;
         2. Such Parcel is a nonconforming Parcel of record as defined by this ordinance; and
         3. Such Parcel cannot be added to an existing Subdivision or combined with other Parcels to make a combined Lot area which conforms to this schedule.
   3. Lot Area and Width Requirements: The area and width of individual Lots within planned Subdivisions shall be in accordance with the following schedule.

      Zone	Minimum Lot Area	Minimum Lot Width
      		at any point between the Frontage and the front of the primary Structure
      RA-5	5 acres	250 feet
      RR-5	20,000 sq ft	100 feet
      TR-5	20,000 sq ft	100 feet
      CE-1	50 acres	330 feet
      CE-2	20 acres	330 feet
      M*G-1	50 acres	330 feet
      A-40	40 acres	330 feet
      PC	As per the PC Zone Dev. Standards	As per the PC Zone Dev. Standards
      G-1	50 acres	330 feet

   4. Paved Road Access: All planned Subdivisions, and each Lot within a Subdivision, shall abut on and shall have access to a hard-surfaced public street that connects to and is part of the paved official county, state, or municipal Road system, and contains no unpaved section.
   5. Street System:
      1. All new streets shall be constructed to conform to the Road standards for public streets as adopted by Utah County. Existing streets shall be improved to the standards for public Roads as adopted by Utah County unless the County Engineer finds that a modified standard will provide a more efficient means of managing the street system given the existing Road construction.
      2. Existing streets which border the Subdivision shall be improved to the standards for public Roads as adopted by Utah County.
      3. Roads shall be paved to the full standard width even if the applicant has record title to only a portion of the Road easement or right-of-way.
         1. The County Engineer may approve a modified standard which will provide a more efficient means of managing the street system given the existing Road condition.
         2. The County may accept payment in the amount of the estimated Road improvements if the County will perform or is scheduled to perform Road maintenance for the dedicated Road within one (1) year or as determined by the County Engineer.
      4. The applicant shall be required to dedicate ownership of the portion of the required right-of-way which the applicant owns to the County or other applicable governmental entity.
      5. In the event that the land within the proposed Development is traversed by a proposed street that is shown on the transportation element map of the county general plan, a note shall be placed on the plat that explains that the Development is traversed by a proposed street shown on the transportation element map of the Utah County General Plan and the siting of new Structures should be in consideration of that proposed street.
      6. Grade:
         1. Vehicular Roads shall have a grade of no more than eight (8) percent.
         2. A grade of ten (10) percent may be approved by the County Engineer when all of the following criteria are met:
            1. the grade is necessary to eliminate extra cuts, Fills, or circuitous routes;
            2. no section of Road which exceeds 8 percent grade is longer than one thousand (1000) feet in length
            3. police, fire, ambulance, snow removal, and other essential services can be provided at a substantially equal level of quality; and
            4. no section of Road exceeding a grade of 8 percent is located within two hundred (200) feet of an intersection, or is on a curve having a radius of one hundred fifty (150) feet or less for the curve of the inside street line.
            5. all applicable fire access requirements have been met.
      7. Streets shall bear permanent signs as per adopted Public Works standards and as approved by the County Engineer.
      8. Subdivisions may abut an existing dead-end paved official state Road, county class “B” Road, or city street which has been paved under the direction of the unit of government having jurisdiction.
      9. The Road system within the Subdivision shall consist of through Roads, with two access points to the existing official county, state, or municipal Road. Cul-de-sacs or bulb Roads are not permitted.
      10. Stub Roads: A Subdivision may include a stub Road if all the following conditions are met:
          1. the area to be located within the Subdivision boundary has an average natural Slope of 10%, or greater;
          2. the stub Road shall include a connection to an existing paved county class “B” Road, paved state Road, or paved city street;
          3. the stub Road shall be paved and shall meet all applicable county Road standards from the existing Paved Road connection to the end of the Subdivision boundary;
          4. the applicant shall submit engineered Road plans for the connection Road which show the proposed alignment and future connection point to an existing paved county class “B” Road, paved state Road, or paved city street;
          5. the applicant shall provide a recorded easement or deeded right-of-way granted to the County for the connection Road which has been reviewed and accepted by the County;
          6. the total length of the proposed stub Road and the connection Road shall not exceed 7,000 feet.
      11. Any Development that abuts on public land which has an existing access to the public land shall maintain the access by providing a public access Road through the Development to the public land.
      12. Access to individual Lots from a state highway shall:
          1. provide a letter from UDOT granting each access onto the state highway;
          2. show the access location on the plat;
          3. have access plans reviewed and approved by the County Engineer.
             
   6. Sidewalks: If one or more of the Lots in the Subdivision has Frontage of less than 150 feet, sidewalks, dedicated to the public, shall be installed on both sides of all new streets, both sides of all streets located within the Subdivision, and on the Development side of existing streets bounding the Subdivision, unless the County Engineer finds that a modified standard will provide a more efficient means of managing pedestrian traffic.
   7. Curbs and Gutters: If one or more of the Lots in the Subdivision has Frontage of less than 150 feet, curbs and gutters shall be installed on both sides of all new streets, both sides of all streets located within the Subdivision, and on the Development side of existing streets bounding the Subdivision, unless the County Engineer finds that a modified standard will provide a more efficient means of managing drainage and Road functions.
      
      The applicable standards of the next three (3) Paragraphs (Water Supply, Water Source, and Water System) are those that must be addressed in the engineering study referenced above in Paragraph C.
   8. Water Supply:
      1. Water Rights: The property within all plats shall be provided by the Developer with perpetual water rights meeting the following standards:
         1. Culinary-quality water for use inside the Dwelling shall be provided to each Lot and Dwelling unit at a flow rate of at least .015 cubic feet per second per Dwelling unit and a quantity of at least .45 acre-feet per year per Lot and Dwelling unit. Where the Development is not limited to Dwelling use alone, culinary-quality water shall be provided for occupied Structures other than Dwellings in the amount determined by the County Engineer after receiving an engineering study of water use from the developer.
         2. Water for maintaining landscaping and fuel-breaks around Dwellings and occupied Structures shall be provided at the rate of at least 1 acre-foot per year per Lot and occupied Structure (including Dwellings) and Building site, which water shall be available from April 30 to October 1 annually.
         3. Water for irrigation shall be provided as follows:
            1. Irrigation water shall be provided at a rate of at least 1.5 acre-feet per acre per year for the entire area of each Lot and Parcel of the Development beyond the first 10,000 square feet of area of each Lot and Parcel, which quantity of water must be available from April 30 to October 1 annually.
            2. The County Engineer may approve an applicant’s request for a reduction in the amount of irrigation water required if an engineering study determines one or more of the following:
               1. that less water is needed to establish and to meet the green plant needs of alfalfa due to the depth of the water table.
               2. that less water is needed for each Lot because of an average Slope of eight(8) percent or greater on each Lot and environmental conditions are not suitable for cultivation and irrigation of crops on at least 45-percent of each Lot.
               3. that less water is needed because of the incorporation of water conservation techniques into the irrigation plan for each Lot or Parcel.
            3. The engineering study shall include all of the following:
               1. the quantity of irrigation water needed for each Lot and Parcel based on the engineer’s water reduction findings in subsection (3)(B);
               2. an examination of the land included in the proposed Development, including:
                  1. depth of the water table;
                  2. annual precipitation;
                  3. topography;
                  4. cultivation suitability;
                  5. the incorporation of any water conservation techniques in the irrigation plan; and
                  6. any applicable fire codes; and
               3. the impacts to the aquifer(s) supplying water to the Development should the adjustment be granted.
            4. Where all of the following conditions are met, the quantity of 1.5-acre feet per acre per year for irrigation water shall not be required:
               1. the area to be excepted is part of a Lot or site for a one-Family Dwelling or mobile home;
               2. no Lot or Dwelling site in the subject plat has an area of less than 50 acres;
               3. each Building on the Lot is surrounded by an irrigated band of landscaping that is no narrower than 30 feet at any point and no smaller than 10,000 square feet in area;
               4. the irrigated band of landscaping is surrounded by a platted, maintained fuel break easement which is 100 feet in width (or less than 100 feet when, based on the findings of the County Fire Marshal); and
               5. the flammable native species have been thinned and/or replaced in accordance with terms recommended by the fire marshal and stated or referred to on the plat.
            5. The irrigation water quantity requirement is met even if the water rights from some sources are restricted as to coverage, such that the water cannot be applied to the entire area of the Lot.
      2. Water Quality:
         1. Culinary quality water for use inside each Dwelling shall either be provided by a central water system, approved as a public water system by the Utah Department of Environmental Quality, Division of Drinking Water; by individually owned wells with one well located on each Lot included in the Subdivision; or by an individually owned well shared by two adjacent Lots under the same ownership. Whether water is to be provided by individual wells located on each Lot or a shared well for two adjacent Lots under the same ownership, each Lot shall qualify individually for a well and the water on each Lot individually shall meet the water quality standards of the Utah County Health Department.
      3. Types and Duration of Rights:
         1. Water rights sufficient to meet quantity requirements shall be tied to each Lot. Water rights shall not be transferred separate from Lots, unless replacement water rights sufficient to meet quantity requirements are first provided. Any transfer of the water rights shall first be approved by the Zoning Administrator.
         2. Where water rights are to be supplied by a municipality, district, water company or other supplier which serves users outside as well as inside the Development, the engineering study shall demonstrate that the supplier can meet its commitments outside the subject Development while meeting the standards of this ordinance within the Development.
            
            Exception 1 to Paragraph D,8,a,(3): Where the number of Lots in the Development will be five (5) or less and the water supplier is a municipality with a population over 5,000, the engineering study need not address whether the supplier can meet its commitments outside the subject Development while meeting the standards of this ordinance within the Development.
   9. Water Source:
      1. If the water source is a public water system, the engineer shall confirm that the proposed source water has been tested and found to comply with applicable, adopted Utah County standards for delivery, flow, and quality, and shall provide his/her opinion on the water system’s ability to meet Utah County standards when the project is complete. The engineer’s opinion shall be based on best available data.
      2. If wells are proposed to provide the water for a central water system, the wells must be drilled and tested to establish that the wells will be able to provide the required flow, quality, and quantity of water.
      3. If there is no central water system, a shared well may be permitted for only two immediately adjacent Lots that share the same ownership. The well may be shared solely for the duration of shared ownership, after termination of shared ownership or if the Lots are no longer adjacent, then each Lot shall have a well located on site and disconnect from the off-site well that had been shared.
      4. Where existing wells are proposed as the source of water, the engineer shall confirm that each existing well meets the flow, quality, and quantity requirements of Utah County; if wells have not yet been drilled, in lieu of testing, the engineer shall study well logs in the area and state his/her opinion, based on best available data, that the wells will be able to provide the required flow, quality, and quantity of water.
      5. An existing culinary water well that serves an existing legal Dwelling which is located on a Parcel of land which is being incorporated as a Lot on the proposed Subdivision plat is not required to have the water quality or flow from the existing well tested, unless so required by the Utah County Health Department, provided that a note is placed on the plat stating: “The water quality and flow of the existing culinary water well serving the existing Dwelling located on Lot ____ have not been tested.”
   10. Water System:
       1. All planned Subdivisions having one or more Lots or platted Building sites under five (5) acres in area, or planned Subdivisions that elect to connect to a central water system, shall be serviced by a central water system that supplies culinary quality water for culinary use and provides flow for fire protection, which system meets the applicable, current Series 500 rules of Title R309 of the Utah Administrative Code, and any other current, applicable State of Utah drinking water rules and policies, as well as the applicable, adopted county fire codes. If a central water system is proposed to service a planned Subdivision, but has not yet been constructed, plat application approval shall not occur until water system plan approval has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water; the central water system shall not be put into service until an operating permit has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water.
       2. Irrigation systems need not have a central storage facility, but must be designed to provide the required irrigation water flows and coverage.
       3. A statement from the irrigation water delivery entity, on County approved form, determining that the proposed on-site irrigation system can connect to the delivery system, and approving the irrigation plan.
       4. A statement, which has been dated, stamped and signed by an engineer licensed by the State of Utah, which confirms the irrigation plan will allow for the independent irrigation of each Lot in the plat.
       5. Existing and proposed irrigation Structures located within an existing or proposed Road right-of-way, such as concrete or earth channels, ditches, pipes, head-gate Structures, and any other facilities pertaining to irrigation systems, shall be relocated outside of all existing or proposed Road rights-of-way, unless the County Engineer determines that the closed, below-grade, existing or proposed irrigation Structures or facilities may lie within the portion of the existing or proposed right-of-way that separates the clear zone from the right-of-way line, only, and the location of such Structures or facilities, in that portion of the existing or proposed right-of-way that separates the clear zone from the right-of-way line, will not impair the right-of-way. Irrigation pipes, piped irrigation channels, and piped ditches may cross under a public street provided that the entry and exit of such lies outside of the right-of way and that such crossing meets all applicable Road standards adopted by Utah County. If an irrigation company is supplying the irrigation water, the design and construction of all new and existing irrigation channels, ditches, Structures, and other facilities shall be: pre-approved in a written signed document from said irrigation company, and approved by the Utah County Engineer. The written document shall include approval of adequate ditch sizes, location of the irrigation system within the Subdivision, and the materials to be used to construct the irrigation system. The irrigation system shall be designed to allow for each Lot to be watered independently. Any open irrigation channels or ditches which are adjacent to the county right of way shall be lined with concrete or with some other impermeable material approved by the Utah County Engineer. Closed irrigation channels or ditches, which are adjacent to the county right of way shall be reviewed and approved by the Utah County Engineer for adequate construction, pipe type and diameter. The design, layout, construction, facilities, construction materials, ditch sizes, and component elements, of the proposed irrigation system, shall be reviewed and approved by the Utah County Engineer.
   11. Sewage Disposal: Each planned Subdivision shall be provided with and served by a central public sewage disposal system or by individual wastewater disposal systems entirely located on each Lot which are approved by the County Health Department.
   12. Fire Protection: All planned Subdivisions having one or more Lots under five (5) acres in area shall have fire hydrants installed as required by the County Fire Marshal using applicable adopted codes.
   13. Utility Easements:
       1. All new utilities shall be installed underground. Existing above-ground electrical utilities that must be relocated are not required to be placed underground, unless required by the utility provider in writing.
       2. Easements of not less than ten (10) feet in width shall be required for all utility lines, the location of which may vary depending upon the design of the Development. The location of the easements shall be approved by the County Engineer.
       3. Easements of not less than ten (10) feet in width shall be required for all irrigation channels and ditches, pressurized irrigation lines, and drains. The location of the easements shall be approved by the County Engineer.
       4. No Structure shall be placed within the required easements except utility Structures, irrigation and drainage facilities, and pump and well houses, or other Structures or facilities approved by the County Engineer.
       5. The applicant shall provide a service letter from each utility provider, which shall include all costs associated with installing or upgrading the utility.
   14. Setback Distances: Each Lot in a planned Subdivision shall meet the applicable setback requirements of this Ordinance, or successor ordinance. A note shall be placed on the plat that states the following: “Each Lot shall be required to meet the applicable setback requirements of the Utah County Land Use Ordinance, or successor ordinance.”
   15. Common Area Requirements:
       1. Any proposed Subdivision with ten (10) or more Lots with any Lot less than five acres in area, and any proposed Subdivision of any Parcel of land containing ten (10) or more acres in area with more than three (3) Lots with any Lot less than five acres in area, shall provide a minimum of twenty percent (20%) of the total Subdivision acreage as dedicated Common Area for the use of the residents of the Subdivision.
       2. The land covered by vehicular Roads, off-street parking, Yard areas around the Dwellings, Lots for Dwellings, and service Buildings shall not be included in the area used to meet the Common Area requirements.
       3. The Common Area shall be fully integrated into the design of the Development in a manner which is most useful and convenient for the residents of the Development. A detailed landscaping plan showing the proposed landscape treatment of all portions of the project proposed to be developed as Common Area shall be submitted.
       4. As assurance that the designated Common Area will remain as Common Area, the developer and the homeowner association shall execute a Common Area preservation and maintenance agreement with the county in which the developer and the homeowner association agree to maintain the Common Area and facilities and agree to refrain from constructing Dwellings or other Structures not expressly allowed by this Ordinance.
5. Required Improvements: All improvements which are required under the terms of this ordinance shall be shown on the layout map, engineered drawings, or recorded plat. Such improvements shall be constructed by the developer in accordance with the County Public Works standards, requirements of this ordinance, and other applicable requirements, and inspected by the County Engineer. The required improvements include all improvements required by the terms of this ordinance, including the following:
   1. Water system improvements.
   2. Sewage system improvements.
   3. Street system improvements.
   4. Drainage system improvements.
   5. Irrigation system improvements.
   6. Utility improvements, including electrical service, and natural gas service where available, which shall be made accessible to, and at the front of each Lot.
   7. Permanent survey markers.
   8. Other improvements as permitted by this land use ordinance or other applicable law.

1. General Provisions:
   1. Declaration of Legislative Intent: The intent of this section is to establish guidelines which will facilitate the approval of a proposed mountain home Development plat.
   2. Scope: The owner of a tract of land containing the required amount of land as set forth in the zone in which mountain home Developments are permitted, may construct a mountain home Development thereon by complying with the regulations and standards of this section, in addition to all other requirements of the land use ordinance and other applicable law.
      1. Requirements Minimum: The requirements of this section, in addition to all other requirements of the land use ordinance and other applicable law, shall be the minimum requirements for the preparation, submission, and recording of all plans, plats, and supporting documents relating to mountain home Developments.
      2. Standards May Be Increased: The County may enter into a Development agreement which complies with the provisions of Utah Code § 17-27a-528, as amended. The agreement may require standards which are greater, but not less than, those required in this section including, but not limited to, the following:
         1. The mandatory creation of governmental districts and/or assessment areas to offset the fiscal impact of the mountain home Development upon the County;
         2. The creation of additional on-site and/or off-site facilities and improvements necessary for the mountain home Development;
         3. The creation of additional utility easements within the Development;
         4. Additional requirements for moderate income housing units;
         5. Additional restrictions on the location and Slopes of roadways, and;
         6. Any other additional condition or limitation necessary to ensure the implementation of generally accepted principles of good planning necessary for the health, safety, and welfare of County residents.
         The County may, as a condition of approval, restrict recordation of a Subdivision plat until a Development agreement is formed and executed between the developer/land owner(s) and Utah County
      3. Rules of Property: The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this ordinance or any declaration, bylaw, or other documents executed in accordance with this ordinance.
2. Permitted Uses: Uses permitted in mountain home Developments shall be limited to the following:
   1. One-Family Dwellings or manufactured homes.
   2. Residential facilities for handicapped persons and residential facilities for elderly persons.
   3. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant.
   4. Common Areas and common recreational facilities for the exclusive use of the residents of the mountain home Development. Driveways, streets, Fences, walls, new underground utilities, utility distribution lines and facilities, solid waste collection areas, sewage treatment facilities, ponds, landscape features, and similar uses and Structures incidental to the main use.
3. Application Requirements: The application shall consist of the following elements.
   1. Application and Fee: A standard Large Scale Development application shall be obtained from Community Development and shall be completed and submitted with the required fee. The application shall be completed and signed by all owners of record, or applicant shall establish and provide documentary proof that applicant has a right to purchase the property.
   2. Developmental Impact Statement: The statement shall be prepared by an engineer licensed by the State of Utah, who has signed and dated the statement. See UCLUO 14.28 Appendix A for a complete list of items that shall be addressed in this statement.
   3. Layout Map:
      1. A layout map shall show all of the following items:
         1. Type of Development.
         2. Name and address of developer.
         3. Name and address of designer.
         4. Date.
         5. North point, scale, and vicinity map.
         6. Township, range, and section lines.
         7. Zone designation.
         8. Perimeter boundary of the Development.
         9. Name and address of adjacent property owners.
         10. Contour intervals Location of all existing Buildings and Structures within the perimeter boundary, and the location of existing Public Utility easements, railroads, street locations and names, power lines, culverts, drain pipes, drainage channels, Flood Channels, areas where ground water rises periodically to within five feet of the surface of the ground, and any areas within the boundary of the Development in a 100 year flood area.
         11. Existing water and sewer mains and lines--location and size.
         12. Source of water and place of sewage disposal, and solid waste collection points.
         13. Proposed Lot and location layout for the Development, including Lots, Building sites, street names, open space, Common Areas, parks, common recreational facilities and Structures, and Building setback lines.
         14. Proposed new streets and cross-section of any proposed new streets.
         15. Location of proposed pedestrian walkways, hiking and equestrian trails.
         16. Proposed power lines, bridges, utilities, and utility easements.
         17. Proposed water and sewage lines by location and size.
         18. Garbage collection points.
         19. Proposed fire hydrants.
         20. Proposed street lights and flood lights.
         21. Irrigation system layout, unless an exception to the irrigation system requirement is approved, showing how water will be delivered and distributed on the Lots and Common Areas.
         22. Any additional information which the Plan Coordinating Committee may require.
      2. The layout map may consist of several sheets and shall be drawn to a scale of not smaller than one-inch equals one hundred feet (1"=100'), or as determined by the Zoning Administrator.
      3. A brief explanatory note shall be placed on the layout map for any specified item which does not exist or is not applicable.
   4. Excluded Portions of Parcels: The portion of a parcel of land which is not included within a proposed mountain home Development plat must qualify for, and be approved as, an agricultural land exemption from the Subdivision plat requirements, as provided in UCLUO 14.04.
   5. Tabulations: A list of tabulations shall be individually listed on the plat and shall include:
      1. Total number of acres in the proposed Development (including any Road dedication area).
      2. Total number of Lots or Building sites.
      3. Number of off-street Parking Spaces.
      4. Percentage of area to be used for off-street parking.
      5. Percentage of area and acres to be devoted to roadways.
      6. Percentage of area and acres to be devoted to open space (twenty-five percent (25%) minimum).
   6. Engineering Drawings: The following engineering drawings, unless deemed to be inapplicable by the County Engineer, shall be properly dated, stamped and signed by an engineer licensed by the State of Utah and submitted with the application:
      1. Plan and profile drawings pertaining to the water system, fire suppression system, sewage system, street system, drainage system, irrigation system, utilities, and any other engineered drawings required by the County Engineer in order to determine compliance with the County Public Works standards, this ordinance, or other applicable requirements. Engineered drawings shall be reviewed and approved by the County Engineer.
   7. Documentation: The application shall include the following documents which shall be prepared in accordance with Utah County standards and forms:
      1. Executed articles of incorporation and bylaws of the property owners' association.
      2. An executed (except by Utah County) open space preservation agreement and an executed maintenance agreement among the developer, the property owners' association, and Utah County, based on the Utah County format. (These must be recorded at the time the plat is recorded.)
      3. A title report with an effective date not earlier than thirty (30) days prior to the submittal date of a complete application, verifying that the owners who will execute the owner’s dedication on the plat have sufficient control to effectuate the dedication without exceptions or limitations. The title report shall be a full report (title policy commitment quality and form), including a judgment search of all Lot owners. All owners as shown on the title report shall sign the plat. If the property is owned in trust, a copy of the trust document shall be provided for review. The legal description of the property in the title report shall match exactly the legal description as contained on the plat. The plat description shall include all areas dedicated to the public, including streets. If the streets are not being dedicated to the public, the developer shall establish that the streets have previously been deeded to the County. All boundary disputes and boundary exceptions shall be resolved and deleted from the title report before it is submitted to the County (the only exceptions are the standard printed exceptions). All easements and other title restrictions shall be located on the plat and identified on the plat, including the recording information. All blanket easements shall be identified on the plat, by note, including the recording information. Lien holder consent, subordination, and if applicable, release, shall be obtained, provided on forms approved by the County Attorney’s Office, and submitted for review. If the plat is approved, the applicant shall provide an update letter from the title company, amending the prior title report effective date to the date of the recording of the plat.
      4. If the proposed water source is an existing public water system, an agreement from the provider to permanently provide the required quantity of water. Water right documentation shall establish the approved type of use of the water, the authorized quantity of acre feet, and authorization to use the water within the area of the Mountain Home Development.
      5. An engineering study signed, dated, and stamped by a professional engineer licensed by the State of Utah demonstrating that the applicable standards of this ordinance for water supply, water source, and water system will be met (see Paragraph D). The County Engineer shall determine whether the engineering study meets the applicable standards of this Section.
      6. A drainage and flood plan shall be dated, stamped and signed by an engineer licensed by the State of Utah, and shall include the following:
         1. An analysis of the nature and extent of hazard from floods originating off the premises and a plan indicating how such flooding hazard will be accommodated within the Development (said analysis and plan may be waived by the County Engineer when ample information already exists for the area).
         2. An analysis of the nature and extent of the drainage and flood problems which will be created by the Development, including an analysis of the amount of water generated as a result of the covering of absorption areas and a plan indicating how the drainage and flood waters will be accommodated.
         3. The location and size of any ditches, culverts, drains, sumps, percolation basins, curbs and gutters, and other proposed Structures and facilities.
         4. A method of handling all runoff on site when an existing storm water system is not available. If all surface drainage water is proposed to be retained on-site, the engineer must certify all surface water can be maintained on-site.
         5. A statement of acceptance of the drainage waters from the appropriate entity where excess surface drainage from the Development will flow into an irrigation channel or into a public street or otherwise be directed off the premises. However, the County Engineer shall determine that no statement of acceptance is required for a natural or well-established drainage—which drainage has been identified in the drainage and flood plan and flowed off-site prior to Development activity, and will continue to do so—if the County Engineer finds that the drainage and flood plan demonstrates such drainage has not and will not be substantially altered, and drainage water volumes have not and will not be increased, through Development activity.
         6. A method of covering, Fencing, or similar safety treatment of canals and waterways traversing the Development. The drainage and flood plan shall be reviewed and approved by the County Engineer. A note shall be placed on the plat that briefly describes the method for handling all runoff for the Development.
      7. A dated, signed and stamped itemized estimate from an engineer licensed by the State of Utah, verified by the County Engineer, stating the cost of installing all required improvements related to the Development. The cost estimate shall include the cost of all improvements, including but not limited to all water delivery plan facilities and improvements, any fire-break clearing, surface water facilities, canal covering, street improvements, utility relocation, inspections, utilities, and survey monument costs.
      8. A statement addressing the proposed bonding method or a statement that the applicant will construct all improvements prior to plat recordation.
      9. A statement from the County Health Department certifying that the proposed central water supply and central sewage disposal system or septic tank sewage disposal system on each Lot conforms to the pertinent state and county health regulations. The letter shall approve the culinary water and sewage facilities and shall include a verification that the water quality tests have been reviewed and approved. Any conditions, limitations, or restrictions shall be added as a note on the Plat. If individual septic system are proposed, the plat shall contain the following note:
         
         Individual Lots have neither been tested nor approved for septic systems. No Building permit will be issued until septic system approval is granted by the County Health Department, any Lot not approved will not be approved for a Dwelling.
      10. A statement from the County Engineer certifying that the proposal conforms to the County standards and requirements for Roads and other improvements. The approval letter from the County Engineer will address: plat accuracy, any of the applicant’s engineer’s statements or drawings (i.e., irrigation plan, letter on water, drainage, Roads, etc.), and all on-site and off-site improvement costs. The approval letter shall be without exceptions or conditions. If any exceptions or conditions are listed, the issues shall be resolved and a new letter submitted. All Public Utility and irrigation easements shall be shown on the plat (minimum width of 10 feet on all sides of each Lot), survey monuments shall be shown on the plat, street dedication areas shall be clearly identified and labeled as being dedicated to the public, and the design of the Subdivision shall comply with County requirements. The dedication language on the plat shall read as follows:
          
          Know all men by these present that we, all of the undersigned owners of all of the property described in the surveyor’s certificate hereon and shown on this map, have caused the same to be subdivided into Lots, blocks, streets and easements, and do hereby dedicate the public streets and other public areas as indicated hereon, for the perpetual use of the public, the private streets and other private open space and Common Areas as indicated hereon for the perpetual use of all Lot owners, and their successors and assigns in perpetuity, the Public Utility easements to all utility providers, public or private, and the irrigation easements to all Lot owners, and their successors and assigns in perpetuity.
      11. A statement from the County Fire Marshal certifying that the proposal conforms to the pertinent regulations of the adopted county fire codes and the fire-protection provisions of the land use ordinance.
      12. A tax clearance from the Utah County Treasurer.
          1. The tax clearance shall be provided for each Parcel serial number identified in or by the title report.
          2. The tax clearance shall include all property taxes due as of the date of the filing of the application and
          3. The tax clearance shall be updated to show the payment of all taxes due as of the date the plat is recorded, including applicable greenbelt rollback taxes
   8. Plat: The plat shall be reproducible and shall be drawn in accordance with county standards at a scale of one-inch equals one hundred feet (1"=100') or as directed by the Zoning Administrator, and shall include the following:
      1. Perimeter boundary of the Development, including any Road dedication areas, and the location of all required survey monuments.
      2. The location of all Lot lines and/or Building site areas, and the identifying number for each Lot, block, and Building site in the Development.
      3. The name, location, and extent of all streets and the location and nature of all other Parcels of land to be dedicated to the public or reserved for common use by the residents of the Development.
      4. The location and identification of all easements and their specific use.
      5. The location and extent of all Parcels within the Development which are subject to the restrictions imposed by the open space preservation agreement or any other limitations, or which are subject to conditions of approval which are written on the plat.
      6. Statements of limitations or conditions of approval required to be written on the plat by the Zoning Administrator, and other statements or information required by this land use ordinance, or other applicable law.
         1. The certificate and seal of survey accuracy by the surveyor or engineer preparing the plat.
         2. The owner's dedication of land for public use, the owner's conveyance of easements and Parcels for utilities or for common use by the residents of the Development, and the owner's acceptance of the limitations or conditions of approval.
         3. The acknowledgment of the owner's dedication by a Utah Notary Public (or an equivalent officer authorized to acknowledge conveyances of real estate if the owner is out of state).
         4. The County Commission's acceptance of dedication of streets, easements, etc., along with the attesting signature and stamp of the County Clerk. The plat shall include the following signature block for these purposes:
            
            

            ACCEPTANCE BY COUNTY COMMISSION
            The County Commission of Utah County hereby accepts the dedication of all streets, easements, and other Parcels of land intended for public purposes for the perpetual use of the public this _____ day of _____________ A.D. ____.
            _______________________ Commission Chair	Attest: _______________________ Clerk

         5. The County Engineer’s certification and stamp that the approved plans for the Development conform to the Utah County standards and requirements for Roads and other improvements. The plat shall include the following signature block for these purposes:
            
            

            COUNTY ENGINEER CERTIFICATION
            The County Engineer of Utah County certifies the plans for this Development conform to the Utah County standards and requirements for Roads and other improvements.
            _____________________________________, Sign	______________ Date

         6. The culinary water and Sanitary Sewer Authority’s approval of the culinary water and sanitary sewer facilities of the Development. The plat shall include the following signature blocks for these purposes:
            
            

            APPROVAL BY THE CULINARY WATER AUTHORITY
            The undersigned Culinary Water Authority approves this plat for culinary water purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

            
            

            APPROVAL BY THE SANITARY SEWER AUTHORITY
            The undersigned Sanitary Sewer Authority approves this plat for sanitary sewer purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

         7. The utility owners’ and/or operators’ approval of the applicable underground utilities, other utility facilities, easements, rights-of-way, etc., of the Development; however, Utah County shall not require the plat to be approved or signed by a person or entity who does not provide a utility or other service directly to the Lots within the Development, unless provided or required by the Utah Code, as amended. The plat shall include the following signature block for this purpose:
            
            

            APPROVAL BY OWNERS AND OPERATORS OF UNDERGROUND UTILITIES AND OTHER UTILITY FACILITIES
            The undersigned owners or operators of the underground utilities and other utility facilities located on this plat hereby approve the boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; hereby approve the location of existing underground and utility facilities; and hereby approve the conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of records, and utility facilities within the Development, as shown on this plat.
            ________________________ Utility Provider	________________________ Utility Provider
            ________________________ Utility Provider	________________________ Utility Provider

         8. The County Administrative Land Use Authority’s certification that plans for the Development conform to the Utah County land use standards and requirements. The plat shall include the following signature blocks for these purposes:

            COUNTY ADMINISTRATIVE LAND USE AUTHORITY CERTIFICATION
            The County Administrative Land Use Authority of Utah County certifies the plans for this Development conform to the Utah County land use standards and requirements
            ________________________, Sign	________________________ Date

         9. Certifications required by State Law and other certifications as permitted by this land use ordinance or other applicable law. The following certifications:
         10. The Zoning Administrator in consultation with the County Attorney’s Office may approve modifications to the required certifications, as needed, to address the individual circumstances of applications.
4. Standards and Conditions: All mountain home Developments shall conform to all of the requirements of this land use ordinance and the following standards and conditions.
   1. Design:
      1. The plans shall be prepared by an engineer licensed to practice in the State of Utah.
      2. Residential Development clusters are encouraged.
      3. The suitability and capability of soils, the enhancement of aesthetic and scenic values, the ability to meet Road access requirements and maximum grade requirements, the preservation of bodies of water, the preservation of streams and riparian habitat, topography, and other site location features, will be reviewed as a part of the Development design review.
   2. Landscape Plan:
      1. All areas not covered by Buildings or off-street parking or driveways shall be maintained in indigenous vegetation, or where the native vegetation is removed, shall be landscaped and maintained by the Lot owner or by the body identified in the open space and maintenance agreement.
      2. The installation of permanent sprinkler or other irrigation systems are required when necessary to sustain planted areas.
      3. A fuel break approved by the Utah County Fire Marshal shall be maintained around residential Lots or residential Development clusters.
   3. Open Space, Parks, Playgrounds, and Facilities:
      1. At least twenty-five (25) percent of the area in the Development shall be designated as natural open space for the common use of the occupants of the Development. The land covered by streets and off-street parking facilities, the Lot and Yard area of individual Dwellings sites, the area covered by common facilities, and improved areas, shall not be included in the area used to meet the 25 percent amount set aside as natural open space.
      2. As assurance that the designated area will remain as natural open space, the owner and the homeowner’s association shall execute an open space preservation agreement with the county, in which the owner and the homeowner’s association agree for themselves and their successors and assigns to refrain from constructing Dwellings or other Structures the designated open space areas.
      3. All Flood plain areas and Floodways, if any, all streams, ponds, other water features, and riparian habitat, shall be identified, and shall be included as part of the common open space.
      4. Construction of all Common Areas and facilities shall be provided by the developer and shall be maintained by the homeowner's association.
   4. Size: The minimum acreage required to qualify for a mountain home Development shall be twenty (20) acres.
   5. Density:
      1. Number of Units Permitted: The maximum number of Dwellings units permitted within a mountain home Development shall be determined by the Slope of the land within the Development according to the following schedule:
         1. One Dwelling per acre having a Slope of ten (10) percent or less.
         2. One Dwelling per ten (10) acres having a Slope of more than ten (10) percent but less than thirty (30) percent.
         3. One Dwelling per twenty (20) acres having a Slope of more than thirty (30) percent. The determination of Slope within a Development shall be based upon a detailed Slope analysis. The Slope analysis shall be conducted using the contour maps prepared by the U.S. Geological Survey; however, other more detailed contour maps may be used when approved by the Zoning Administrator.
      2. Development Credits Increased: The number of Dwelling units permitted within a mountain home Development may be increased by the transfer of residential Development Credits from lands located within an adjacent CE-1 Critical Environmental Zone, subject to the following conditions.
         1. The land from which the Development Credits are transferred:
            1. Is situated entirely within the CE-1 Critical Environmental Zone;
            2. Is located contiguous to or within two miles of a boundary of the mountain home Development; and
            3. Is shown on the plans and documents as part of the open space area of the Development and subject to the open space preservation agreement, but will not be part of the minimum 25% natural open space required within the perimeter boundary of the Development.
         2. The number of residential Development Credits received shall be at the rate of one Dwelling unit per each full twenty (20) acres of land in the CE-1 zone covered by the transfer of Development Credits agreement.
         3. There is sufficient area for Development within the plat to accommodate the increased number of Dwelling units and meet the common open space requirement.
         4. Whenever the terms of this ordinance shall permit or authorize a property owner to transfer Development Credits, such transfer shall be accompanied by an agreement by the owner indicating the extent of the credit transfer and agreeing to refrain from construction of Dwellings or other Buildings or from exercising any of the entitlements so transferred. Said agreement shall be made between the owner (and his heirs and assigns) and the County Commission, and shall be recorded in the Office of the County Recorder.
      3. Maximum Slope: No Dwelling unit shall be constructed on an area which exceeds thirty (30) percent Slope as shown on the detailed Slope analysis.
      4. Density and Building Lot Size: Individual Building Lots shall not be less than ten thousand (10,000) square feet in area.
   6. Paved Road Access: All mountain home Developments shall abut on, and shall have two separate Road access locations to, a hard-surfaced public street that connects to and is part of the paved official county, state, or municipal Road system. However, a mountain home Development may obtain Paved Road access through a previously approved Development with a hard surfaced Road system, provided a Road maintenance agreement is established between the proposed and existing Development. There shall be no unpaved section of Road from the county, state, or municipal hard-surfaced Road to the proposed Development, and any proposed Road within the proposed Development shall be a through Road connected to the county, state, or municipal hard-surfaced Road at two different access locations.
   7. Street System:
      1. All public and private streets shall conform to the official Road standards as required by the Utah County Public Works Department.
      2. The Road system of the Development shall conform to the land use ordinance for mountain home Developments with respect to grades, and length of cul-de-sacs.
      3. In the event that land within the proposed Development is traversed by a proposed street that is shown on the transportation element map of the county General Plan, a note shall be placed on the plat that (1) explains that the Development is traversed by a proposed street shown on the transportation element map of the county General Plan, (2) establishes that Dwellings shall not be constructed within fifty (50) feet of the proposed street, and (3) strongly discourages the construction of any permanent Structure within one-hundred (100) feet of the proposed street.
      4. No vehicular Road shall have a grade of more than eight (8) percent.
      5. A grade of up to twelve (12) percent may be approved by the County Engineer, when all of the following criteria are met:
         1. the grade is necessary to eliminate extra cuts, Fills, or circuitous routes;
         2. no section of Road which exceeds 8 percent grade is longer than one thousand (1000) feet in length;
            
         3. police, fire, ambulance, snow removal, and other essential services can be provided at a substantiality equal level of quality; and
         4. no section of Road exceeding a grade of 8 percent is located within two hundred (200) feet of an intersection, or is on a curve, having a radius of one hundred fifty (150) feet or less for the curve of the inside street line.
      6. No street or Road shall be constructed in a location or in such a manner which produces a Slope face which exceeds the Critical Angle of Repose, provided that the County Engineer may approve a Road producing such a Slope face where it finds:
         1. a Road is necessary to the Development, and the proposed Road follows the most appropriate alignment;
         2. the Road and Slope will not produce an undue hazard to the environment or adjacent properties; and
         3. the Road is engineered and constructed to prevent the soil from moving.
      7. All vehicular Roads shall be paved to meet the minimum requirements of the Utah County Public Works Department.
      8. Where an existing county Road borders the Subdivision, the Road shall be paved to the full standard width even if the applicant has record title to only a portion of the Road easement. The applicant shall be required to dedicate ownership of the portion of the required right-of-way which he owns to the County.
      9. Each intersection shall bear permanent signs sufficient in design for easy identification of street names by emergency Vehicles and other motorists, as approved by the County Engineer.
      10. The maximum length of any dead-end Road or cul-de-sac shall be seven hundred and fifty (750) feet, measured from the nearest edge of right-of-way from the connecting through Road to the center of the cul-de-sac or turn-around.
      11. An additional 1000 feet may be approved by the Utah County Fire Marshal when:
          1. the cul-de-sac or dead-end Road provides access to a maximum of 25 Lots, and
          2. the design of such extension is in compliance with currently adopted fire codes.
      12. Any Development that abuts on public land which has an existing access to the public land shall maintain the access by providing a public access Road through the Development to the public land.
      13. If access is on a state highway, a letter shall be provided from UDOT granting the access onto the state highway, with the location of the access shown on the plat. The County Engineer must approve the plans.
          
   8. Sidewalks: Sidewalks shall not be required.
      
      The applicable standards of the next three (3) Paragraphs (Water Supply, Water Source, and Water System) are those that must be addressed in the engineering study referenced above in Paragraph C.
   9. Water Supply:
      1. Water Rights: The property within all plats shall be provided by the developer with perpetual water rights meeting the following standards:
         1. Culinary-quality water for use inside the Dwelling shall be provided to each Lot and Dwelling unit at a flow rate of at least .015 cubic feet per second per Dwelling unit and a quantity of at least .45 acre-feet per year per Lot and Dwelling unit. Where the quantity of at least .45 acre-feet per year is not limited to Dwelling use alone, culinary-quality water shall be provided for occupied Structures other than Dwellings in the amount determined by the County Engineer after receiving an engineering study of water use from the developer.
         2. Water for maintaining landscaping and fuel-breaks around Dwellings and occupied Structures shall be provided at the rate of at least 1 acre-foot per year per Lot and occupied Structure (including Dwellings) and Building site, which water shall be available from April 30 to October 1 annually.
         3. Water for irrigation shall be provided as follows:
            1. Irrigation water shall be provided at a rate of at least 1.5 acre-feet per acre per year for the entire area of each Lot and Parcel of the Development beyond the first 10,000 square feet of area of each Lot and Parcel, which quantity of water must be available from April 30 to October 1 annually.
            2. The County Engineer may approve an applicant’s request for a reduction in the amount of irrigation water required if an engineering study determines one or more of the following:
               1. that less water, or no water is needed for each Lot and Parcel to maintain the native vegetation in a green condition or to establish and maintain planted vegetation in a green condition.
               2. that less water is needed for each Lot because of an average Slope of eight (8)-percent or greater on each Lot and environmental conditions are not suitable for cultivation and irrigation of crops on at least 45-percent of each Lot.
               3. that less water is needed because of the incorporation of water conservation techniques into the irrigation plan for each Lot or Parcel.
            3. The engineering study shall include all of the following:
               1. the quantity of irrigation water needed for each Lot and Parcel based on the engineer’s water reduction findings in subsection (3)(B);
               2. an examination of the land included in the proposed Development including:
                  1. depth of the water table;
                  2. annual precipitation;
                  3. topography;
                  4. cultivation suitability;
                  5. the incorporation of any water conservation techniques in the irrigation plan; and
                  6. any applicable fire codes; and
               3. the impacts to the aquifer(s) supplying water to the Development should the adjustment be granted.
            4. the amount of irrigation water required to be provided may not be reduced below 40% of the required amount in subsection (3)(A).
            5. The irrigation water quantity requirement is met even if the water rights from some sources are restricted as to coverage, such that the water cannot be applied to the entire area of the Lot.
      2. Water Quality: Culinary quality water for use inside each Dwelling shall be provided by a central water system, approved as a public water system by the Utah Department of Environmental Quality, Division of Drinking Water.
      3. Types and Duration of Rights:
         1. Where water rights are to be supplied by a municipality, district, water company or other supplier which serves users outside as well as inside the Development, the engineering study shall show that the supplier can meet its commitments outside the subject Development while meeting the standards of this ordinance within the Development.
   10. Water Source:
       1. The engineer shall confirm that the proposed source water has been tested and found to comply with all applicable, adopted Utah County standards for delivery, flow, and quality, and shall provide their opinion on the water system’s ability to meet Utah County standards when the project is complete. The engineer’s opinion shall be based on best available data.
       2. If wells are proposed to provide the water for a central water system, the wells must be drilled and tested to establish that the wells will be able to provide the required flow, quality, and quantity of water, as per the applicable, adopted Utah County standards.
   11. Water System:
       1. All mountain home Developments shall have a central water system that supplies culinary quality water for culinary use and provides flow for fire protection, which system meets the applicable, current Series 500 rules of Title R309 of the Utah Administrative Code, and any other current, applicable State of Utah drinking water rules and policies, as well as the applicable, adopted county fire codes. If a central water system is proposed to service a mountain home Developments, but has not yet been constructed, plat application approval shall not occur until water system plan approval has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water; the central water system shall not be put into service until an operating permit has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water.
       2. Irrigation systems need not have a central storage facility, but must be designed to provide the required irrigation water flows and coverage.
       3. A statement from the irrigation water delivery entity, on County approved form, determining that the proposed on-site irrigation system can connect to the delivery system, and approving the irrigation plan.
       4. A statement, which has been dated, stamped and signed by an engineer licensed by the State of Utah, which confirms the irrigation plan will allow for the independent irrigation of each Lot in the plat.
   12. Sewage Disposal: Each mountain home Development shall be provided with and served by a central public sewage disposal system or by individual wastewater disposal systems entirely located on each Lot which are approved by the County Health Department.
   13. Fire Protection:
       1. Fire hydrants shall be installed as required by the Utah County Fire Marshal using applicable adopted codes.
       2. Roofs and exteriors of Buildings shall be of fire resistant materials as approved by the County Building Official and County Fire Marshal.
       3. All highly flammable weeds and plant material shall be removed and shall be kept removed from occupied Structures (including Dwellings) as determined by the County Fire Marshal using applicable adopted codes.
   14. Off-street Parking and Driveways:
       1. At least two off-street Parking Spaces shall be provided for each Dwelling unit.
       2. Additional off-street Parking Spaces shall be required for other uses as set forth in UCLUO 4.60.
       3. Written verification by an engineer licensed to practice in the State of Utah that the driveway access for each Lot can meet the minimum requirements of this land use ordinance and other adopted applicable codes shall be provided and must be approved by the County Engineer.
       4. All cut or Fill Slopes made in the construction of driveways from the Development Road to the Dwelling shall be less than the Critical Angle of Repose of the soil, unless engineered and approved retaining Structures are installed.
   15. Utility Easements: To serve each Lot, utility easements and irrigation easements of not less than (10) feet in width shall be required around all Lots, and all new utilities to be installed shall be placed underground within the mountain home Development boundaries. Existing above-ground utilities that must be relocated are not required to be placed underground, unless required by the utility provider in writing. No Structure shall be constructed within the designated easements, except for the related utility Structures.
       1. Location of Common Facilities and Structures: The location of all common facilities and Structures shall be shown on the detailed site plan.
       2. Setback Distances: Each Lot in a mountain home Development shall meet the applicable setback requirements of this Ordinance, or successor ordinance. A note shall be placed on the plat that states the following: “Each Lot shall be required to meet the applicable setback requirements of the Utah County Land Use Ordinance, or successor ordinance.”
5. Required Improvements: All improvements which are required under the terms of this ordinance shall be shown on the layout map, engineered drawings, or recorded plat. Such improvements shall be constructed by the developer in accordance with the Utah County Development standards and inspected by the County Engineer. For mountain home Developments, the required improvements include all improvements required by the terms of this land use ordinance, and the following:
   1. Hard-surfaced streets as per the approved street plan and street cross-sections.
   2. Street signs, and traffic control devices.
   3. An approved surface water, drainage, and flood control system, including both off-site and on-site facilities.
   4. An approved central culinary water and fire suppression water supply system, including both off-site and on-site facilities.
   5. An approved central sewer system, including both off-site and on-site facilities, unless all Lots are served by individual septic systems located on each Lot.
   6. Fire hydrants and fuel breaks.
   7. Permanent survey monuments.
   8. Installed underground utilities, including natural gas (where available), electrical supply lines, and telephone lines.
   9. Landscaping in Common Areas, as required.
   10. An approved landscape watering and irrigation system, including both off-site and on-site facilities, as described in the approved irrigation plan.
   11. Coverings or Fencing for safety of canals and streams, when applicable and required by the County Engineer.
   12. All facilities and amenities shown for common use, including all Fences, walls and other Common Area improvements and Structures.
   13. Other improvements as permitted by this land use ordinance or other applicable law.

1. General Provisions:
   1. Declaration of Legislative Intent: The intent of this section is to establish guidelines which will facilitate the approval of a proposed recreational resort plat.
   2. Scope: The owner of a tract of land containing the required amount of land as set forth in the zones in which recreational resorts are permitted may construct a recreational resort thereon by complying with the regulations and standards of this section, in addition to all other requirements of the land use ordinance and other applicable law.
      1. Requirements Minimum: The requirements of this section, in addition to all other requirements of the land use ordinance and other applicable law, shall be the minimum requirements for the preparation, submission, and recording of all plans, plats, and supporting documents relating to recreational resorts.
      2. Standards May Be Increased: The County may enter into a Development agreement which complies with the provisions of Utah Code § 17-27a-528, as amended. The agreement may require standards which are greater, but not less than, those required in this section including, but not limited to, the following:
         1. The mandatory creation of governmental districts and/or assessment areas to offset the fiscal impact of the recreational resort upon the County;
         2. The creation of additional on-site and/or off-site facilities and improvements necessary for the recreational resort;
         3. The creation of additional utility easements within the Development;
         4. Additional requirements for moderate income housing units;
         5. Additional restrictions on the location and Slopes of roadways, and;
         6. Any other additional condition or limitation necessary to ensure the implementation of generally accepted principles of good planning necessary for the health, safety, and welfare of County residents.
         The County may, as a condition of approval, restrict recordation of a Subdivision plat until a Development agreement is formed and executed between the developer/land owner(s) and Utah County
      3. Exemption from Rules of Property: The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this ordinance or any declaration, bylaw, or other document executed in accordance with this ordinance.
2. Permitted Uses: Uses permitted in recreational resorts shall be limited to the following:
   1. One-, two-, three-, and multiple-Family Dwellings, including residential Condominium projects; Hotels; and manufactured homes.
   2. Residential Accessory Structures.
   3. Residential facilities for handicapped persons and residential facilities for elderly persons.
   4. Recreational and cultural areas and facilities, including, but not limited to, ski lifts and trails; ice skating rinks; swimming pools; tennis courts; central horse stables, arenas, and corrals; golf courses; outdoor theaters; playgrounds; and Landscape Parks.
   5. Cafes, restaurants, sporting goods stores, clothing stores, camera and curio shops, gasoline service stations, and similar Retail stores which are cognate to the recreational resort
   6. Horse rental and trail-ride outfitter headquarters.
   7. Camping and picnic facilities.
   8. Recreation Vehicle Courts and commercial Campgrounds, subject to the standards for such uses as set forth in zoning section 8.68.
   9. Driveways, streets, parking areas, common storage areas.
   10. Common Areas and common recreational facilities for the exclusive use of the residents of the recreational resort.
   11. Public, primary or secondary Schools, approved by a School district or state charter and when adequate safety services and infrastructure is provided as required for a School Structure.
   12. Fences, walls, new underground utilities, utility distribution lines and facilities, solid waste collection areas, sewage treatment facilities for treatment of sewage generated exclusively from the recreational resort, ponds, landscape features, and similar uses and Structures incidental to the main use.
   13. Administrative Offices accessory to uses associated with the recreational resort.
   14. A cemetery which has been approved as a Conditional Use by the Planning Commission according to the provisions of UCLUO 8.72 and UCLUO 16.
   15. A Hunting Preserve or shotgun, pistol, or rifle Shooting Range, and accessory Structures and uses; subject to the provisions of UCLUO 8.112.
3. Application Requirements: The application shall consist of the following elements.
   1. Application and Fee: A standard Large Scale Development application shall be obtained from Community Development and shall be completed and submitted with the required fee. The application shall be completed and signed by all owners of record, or applicant shall establish and provide documentary proof that applicant has a right to purchase the property.
   2. Developmental Impact Statement: The statement shall be prepared by an engineer licensed by the State of Utah, who has signed and dated the statement. See UCLUO 14.28 Appendix A for a complete list of items that shall be addressed in this statement.
   3. Layout Map:
      1. A layout map shall show all of the following items:
         1. Type of Development.
         2. Name and address of developer.
         3. Name and address of designer.
         4. Date.
         5. North point, scale, and vicinity map.
         6. Township, range, and section lines.
         7. Zone designation.
         8. Perimeter boundary of the Development.
         9. Name and address of adjacent property owners.
         10. Contour intervals.
         11. Location of all existing Buildings and Structures within the perimeter boundary, and the location of existing Public Utility easements, railroads, street locations and names, power lines, culverts, drain pipes, drainage channels, Flood Channels, areas where ground water rises periodically to within five feet of the surface of the ground, and any areas within the boundary of the Development in a 100 year flood area.
         12. Existing water and sewer mains and lines by location and size.
         13. Source of water and place of sewage disposal, and solid waste collection points.
         14. Proposed Lot and location layout for the Development, including Lots, Building sites, street names, open space, Common Areas, parks, common recreational facilities and Structures, and Building setback lines.
         15. Number of Dwelling and/or sleeping units within each Building used for Dwelling and sleeping purposes.
         16. Proposed new streets and cross-section of any new proposed streets by location and identification.
         17. Location of proposed pedestrian walkways, hiking and equestrian trails.
         18. Proposed power lines, bridges, utilities, and utility easements.
         19. Proposed water and sewage lines by location and size.
         20. Proposed fire hydrants.
         21. Proposed street lights, security lights, flood lights, and other lighted areas.
         22. Irrigation system layout, unless an exception to the irrigation system requirement is approved, showing how water will be delivered and distributed on the Lots and Common Areas.
         23. Any additional information which the Plan Coordinating Committee may require.
             
      2. The layout map may consist of several sheets and shall be drawn to a scale of not smaller than one-inch equals one hundred feet (1"=100'), or as determined by the Zoning Administrator.
      3. A brief explanatory note shall be placed on the layout map for any specified item which does not exist or is not applicable.
   4. Excluded Portions of Parcels: The portion of a parcel of land which is not included within a proposed planned Subdivision plat must qualify for, and be approved as, an agricultural land exemption from the Subdivision plat requirements, as provided in UCLUO 14.04.
   5. Tabulations: A list of tabulations shall be individually listed on the plat and shall include:
      1. Total number of acres in the proposed Development (including any Road dedication area).
      2. Total number of Lots or Building sites.
         
      3. Total number of Dwelling and sleeping units, contained in, bunkhouses, lodges, Hotels, and similar group housing.
      4. The percentage of each of the proposed Dwelling types.
         
      5. The number of off-street Parking Spaces.
      6. The number of square feet of Development area to be used for off-street parking.
      7. The number of square feet of Development area to be devoted to roadways.
      8. Percentage of area and acres to be devoted to open space (twenty-five percent minimum).
         
   6. Engineering Drawings: The following engineering drawings, unless deemed to be inapplicable by the County Engineer, shall be properly dated, stamped and signed by an engineer licensed by the State of Utah and submitted with the application:
      1. Plan and profile drawings pertaining to the water system, fire suppression system, sewage system, street system, drainage system, irrigation system, utilities, and any other engineered drawings required by the County Engineer in order to determine compliance with the County Public Works standards, this ordinance, or other applicable requirements. Engineered drawings shall be reviewed and approved by the County Engineer.
   7. Documentation: The application shall include the following documents which shall be prepared in accordance with Utah County standards and forms:
      1. Executed articles of incorporation and bylaws of the property owners' association.
      2. An executed (except by Utah County) open space preservation agreement and an executed maintenance agreement among the developer, the property owners' association, and Utah County, based on the Utah County format. (These must be recorded at the time the plat is recorded.)
      3. A title report with an effective date not earlier than thirty (30) days prior to the submittal date of a complete application, verifying that the owners who will execute the owner’s dedication on the plat have sufficient control to effectuate the dedication without exceptions or limitations. The title report shall be a full report (title policy commitment quality and form), including a judgment search of all Lot owners. All owners as shown on the title report shall sign the plat. If the property is owned in trust, a copy of the trust document shall be provided for review. The legal description of the property in the title report shall match exactly the legal description as contained on the plat. The plat description shall include all areas dedicated to the public, including streets. If the streets are not being dedicated to the public, the developer shall establish that the streets have previously been deeded to the County. All boundary disputes and boundary exceptions shall be resolved and deleted from the title report before it is submitted to the County (the only exceptions are the standard printed exceptions). All easements and other title restrictions shall be located on the plat and identified on the plat, including the recording information. All blanket easements shall be identified on the plat, by note, including the recording information. Lien holder consent, subordination, and if applicable, release, shall be obtained, provided on forms approved by the County Attorney’s Office, and submitted for review. If the plat is approved, the applicant shall provide an update letter from the title company, amending the prior title report effective date to the date of the recording of the plat.
      4. If the proposed water source is an existing public water system, an agreement from the provider to permanently provide the required quantity of water. Water right documentation shall establish the approved type of use of the water, the authorized quantity of acre feet, and authorization to use the water within the area of the Recreational Resort.
      5. An engineering study signed, dated, and stamped by a professional engineer licensed by the State of Utah demonstrating that the applicable standards of this ordinance for water supply, water source, and water system will be met (see Paragraph D). The County Engineer shall determine whether the engineering study meets the applicable standards of this Section.
      6. A drainage and flood plan shall be dated, stamped and signed by an engineer licensed by the State of Utah, and shall include the following:
         1. An analysis of the nature and extent of hazard from floods originating off the premises and a plan indicating how such flooding hazard will be accommodated within the Development (said analysis and plan may be waived by the County Engineer when ample information already exists for the area).
         2. An analysis of the nature and extent of the drainage and flood problems which will be created by the Development, including an analysis of the amount of water generated as a result of the covering of absorption areas and a plan indicating how the drainage and flood waters will be accommodated.
         3. The location and size of any ditches, culverts, drains, sumps, percolation basins, curbs and gutters, and other proposed Structures and facilities.
         4. A method of handling all runoff on site when an existing storm water system is not available. If all surface drainage water is proposed to be retained on-site, the engineer must certify all surface water can be maintained on-site.
         5. A statement of acceptance of the drainage waters from the appropriate entity where excess surface drainage from the Development will flow into an irrigation channel or into a public street or otherwise be directed off the premises. However, the County Engineer shall determine that no statement of acceptance is required for a natural or well-established drainage—which drainage has been identified in the drainage and flood plan and flowed off-site prior to Development activity, and will continue to do so—if the County Engineer finds that the drainage and flood plan demonstrates such drainage has not and will not be substantially altered, and drainage water volumes have not and will not be increased, through Development activity.
         6. A method of covering, Fencing, or similar safety treatment of canals and waterways traversing the Development.
         The drainage and flood plan shall be reviewed and approved by the County Engineer. A note shall be placed on the plat that briefly describes the method for handling all runoff for the Development.
      7. A dated, signed and stamped itemized estimate from an engineer licensed by the State of Utah, verified by the County Engineer, stating the cost of installing all required improvements related to the Development. The cost estimate shall include the cost of all improvements, including but not limited to all water delivery plan facilities and improvements, any fire-break clearing, surface water facilities, canal covering, street improvements, utility relocation, inspections, utilities, and survey monument costs.
      8. A statement addressing the proposed bonding method or a statement that the applicant will construct all improvements prior to plat recordation.
      9. A statement from the County Health Department certifying that the proposed central water supply and central sewage disposal system or septic tank sewage disposal system on each Lot conforms to the pertinent state and county health regulations. The letter shall approve the culinary water and sewage facilities and shall include a verification that the water quality tests have been reviewed and approved. Any conditions, limitations, or restrictions shall be added as a note on the Plat. If individual septic systems are proposed, the plat shall contain the following note:
         
         Individual Lots have neither been tested nor approved for septic systems. No Building permit will be issued until septic system approval is granted by the County Health Department, any Lot not approved will not be approved for a Dwelling.
      10. A statement from the County Engineer certifying that the proposal conforms to the County standards and requirements for Roads and other improvements. The approval letter from the County Engineer will address: plat accuracy, any of the applicant’s engineer’s statements or drawings (i.e., irrigation plan, letter on water, drainage, Roads, etc.), and all on-site and off-site improvement costs. The approval letter shall be without exceptions or conditions. If any exceptions or conditions are listed, the issues shall be resolved and a new letter submitted. All Public Utility and irrigation easements shall be shown on the plat (minimum width of 10 feet on all sides of each Lot), survey monuments shall be shown on the plat, street dedication areas shall be clearly identified and labeled as being dedicated to the public, and the design of the Subdivision shall comply with County requirements. The dedication language on the plat shall read as follows:
          
          Know all men by these present that we, all of the undersigned owners of all of the property described in the surveyor’s certificate hereon and shown on this map, have caused the same to be subdivided into Lots, blocks, streets and easements, and do hereby dedicate the public streets and other public areas as indicated hereon, for the perpetual use of the public, the private streets and other private open space and Common Areas as indicated hereon for the perpetual use of all Lot owners, and their successors and assigns in perpetuity, the Public Utility easements to all utility providers, public or private, and the irrigation easements to all Lot owners, and their successors and assigns in perpetuity.
      11. A statement from the County Fire Marshal certifying that the proposal conforms to the pertinent regulations of the adopted county fire codes and the fire-protection provisions of the land use ordinance.
      12. A tax clearance from the Utah County Treasurer.
          1. The tax clearance shall be provided for each Parcel serial number identified in or by the title report.
          2. The tax clearance shall include all property taxes due as of the date of the filing of the application and
          3. The tax clearance shall be updated to show the payment of all taxes due as of the date the plat is recorded, including applicable greenbelt rollback taxes.
   8. Plat: The plat shall be reproducible and shall be drawn in accordance with county standards at a scale of one-inch equals one hundred feet (1"=100') or as directed by the Zoning Administrator, and shall include the following:
      1. Perimeter boundary of the Development, including any Road dedication areas, and the location of all required survey monuments.
      2. The location of all Lot lines and setback lines, and/or Building site areas, and the identifying number for each Lot, block, and Building site in the Development.
      3. The name, location, and extent of all streets and the location and nature of all other Parcels of land to be dedicated to the public or reserved for common use by the residents of the Development.
      4. The location and identification of all easements and their specific use.
      5. The location and extent of all Parcels within the Development which are subject to the restrictions imposed by the open space preservation agreement or any other limitations, or which are subject to conditions of approval which are written on the plat.
      6. Statements of limitations or conditions of approval required to be written on the plat by the Zoning Administrator, and other statements or information required by this land use ordinance, or other applicable law.
      7. The following certifications:
         1. The certificate and seal of survey accuracy by the surveyor or engineer preparing the plat.
         2. The owner's dedication of land for public use, the owner's conveyance of easements and Parcels for utilities or for common use by the residents of the Development, and the owner's acceptance of the limitations or conditions of approval.
         3. The acknowledgment of the owner's dedication by a Utah Notary Public (or an equivalent officer authorized to acknowledge conveyances of real estate if the owner is out of state).
         4. The County Commission's acceptance of dedication of streets, easements, etc., along with the attesting signature and stamp of the County Clerk. The plat shall include the following signature block for these purposes:
            
            

            ACCEPTANCE BY COUNTY COMMISSION
            The County Commission of Utah County hereby accepts the dedication of all streets, easements, and other Parcels of land intended for public purposes for the perpetual use of the public this _____ day of _____________ A.D. ____.
            _______________________ Commission Chair	Attest: _______________________ Clerk

         5. The County Engineer’s certification and stamp that the approved plans for the Development conform to the Utah County standards and requirements for Roads and other improvements. The plat shall include the following signature block for these purposes:
            
            

            COUNTY ENGINEER CERTIFICATION
            The County Engineer of Utah County certifies the plans for this Development conform to the Utah County standards and requirements for Roads and other improvements.
            _____________________________________, Sign	______________ Date

         6. The culinary water and Sanitary Sewer Authority’s approval of the culinary water and sanitary sewer facilities of the Development. The plat shall include the following signature blocks for these purposes:
            
            

            APPROVAL BY THE CULINARY WATER AUTHORITY
            The undersigned Culinary Water Authority approves this plat for culinary water purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

            
            

            APPROVAL BY THE SANITARY SEWER AUTHORITY
            The undersigned Sanitary Sewer Authority approves this plat for sanitary sewer purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

         7. The utility owners’ and/or operators’ approval of the applicable underground utilities, other utility facilities, easements, rights-of-way, etc., of the Development; however, Utah County shall not require the plat to be approved or signed by a person or entity who does not provide a utility or other service directly to the Lots within the Development, unless provided or required by the Utah Code, as amended. The plat shall include the following signature block for this purpose:
            
            

            APPROVAL BY OWNERS AND OPERATORS OF UNDERGROUND UTILITIES AND OTHER UTILITY FACILITIES
            The undersigned owners or operators of the underground utilities and other utility facilities located on this plat hereby approve the boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; hereby approve the location of existing underground and utility facilities; and hereby approve the conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of records, and utility facilities within the Development, as shown on this plat.
            ________________________ Utility Provider	________________________ Utility Provider
            ________________________ Utility Provider	________________________ Utility Provider

         8. The County Administrative Land Use Authority’s certification that plans for the Development conform to the Utah County land use standards and requirements. The plat shall include the following signature blocks for these purposes:

            COUNTY ADMINISTRATIVE LAND USE AUTHORITY CERTIFICATION
            The County Administrative Land Use Authority of Utah County certifies the plans for this Development conform to the Utah County land use standards and requirements.
            ________________________, Sign	________________________ Date

         9. Certifications required by State Law and other certifications as permitted by this land use ordinance or other applicable law.
         10. The Zoning Administrator in consultation with the County Attorney’s Office may approve modifications to the required certifications, as needed, to address the individual circumstances of applications.
4. Standards and Conditions: All recreational resorts shall conform to the following standards and conditions.
   1. Design:
      1. The plans shall be prepared by an engineer licensed to practice in the State of Utah.
      2. Clustering and spacing of Dwelling units and other Structures to foster adequate fire protection and a restful and uncrowded environment are encouraged.
      3. A mixture of Dwelling units as found in the permitted uses is encouraged.
      4. The suitability and capability of soils, the enhancement of aesthetic and scenic values, the ability to meet Road access requirements and maximum Grade requirements, the preservation of bodies of water, the preservation of streams and riparian habitat, topography, and other site location features, will be reviewed as a part of the Development design review.
   2. Landscape Plan:
      1. All areas not covered by Buildings or off-street parking or driveways shall be maintained in indigenous vegetation, or where the native vegetation is removed, shall be landscaped and maintained by the Lot owner or by the body identified in the open space and maintenance agreement.
      2. The installation of permanent sprinkler systems is required when necessary to sustain planted areas.
      3. A fuel break approved by the Utah County Fire Marshal shall be maintained around residential Lots or residential/commercial Development clusters.
   3. Open Space, Parks, Playgrounds, and Facilities:
      1. At least twenty-five (25) percent of the area in a recreational resort shall be designated as natural open space for the common use of the occupants and patrons of the Development. The land covered by vehicular Roads, off-street parking, the Lot and Yard area of individual Dwelling sites, service Buildings, the area covered by common facilities, and improved areas, shall not be included in the area used to meet the 25 percent amount set aside as natural open space.
      2. As assurance that the designated area will remain as natural open space, the owner and the homeowner’s association (if applicable) shall execute an open space preservation agreement with the county in which the owner and the homeowner’s association agree for themselves and their successors and assignees to refrain from constructing Dwellings or other Structures within the designated open space areas.
      3. All Flood plain areas and Floodways, if any, all streams, ponds, other water features, and riparian habitat, shall be identified, and shall be included as part of the common open space.
      4. Construction and maintenance of all Common Areas and facilities shall be provided by the resort owner except, costs may be proportionately shared by the resort owner and the homeowner’s association where Lots or Condominium units which are part of the approved resort are to be sold.
   4. Size: The minimum acreage required to qualify for a recreational resort shall be twenty (20) acres.
   5. Density of Housing Facilities Within the Resort:
      1. Number of Units Permitted. The maximum number of Development credits permitted within a recreational resort shall be determined by the Slope of the land within the Development according to the following schedule:
         1. One Development Credit per 1 acre having a Slope of 10 percent or less;
         2. One Development Credit per 10 acres having a Slope of more than 10 percent but less than 30 percent;
         3. One Development Credit per 20 acres having 30 percent or greater Slope. The determination of Slope within a Development shall be based upon a detailed Slope analysis. The Slope analysis shall be conducted using the contour maps prepared by the U.S. Geological Survey; however, other more detailed maps may be used when approved by the Zoning Administrator.
      2. Development Credits Increased. The number of Development Credits permitted within a recreational resort may be increased by the transfer of residential Development Credits from lands located within an adjacent CE-1 Critical Environmental Zone, subject to the following conditions.
         1. The land from which the Development Credits are transferred:
            1. Is situated entirely within the CE-1 Critical Environmental Zone;
            2. Is located contiguous to or within two miles of the boundary of the recreational resort; and
            3. Is shown on the plans and documents as part of the open space area of the Development and subject to the open space preservation agreement, but will not be part of the minimum 25% natural open space required within the perimeter boundary of the resort.
         2. The number of residential Development Credits received shall be at the rate of one Development Credit per each full twenty (20) acres of land in the CE-1 zone covered by the transfer of Development Credits agreement.
         3. There is sufficient area for Development within the plat to accommodate the increased number of Development Credits and meet the common open space requirement.
         4. Whenever the terms of this ordinance shall permit or authorize a property owner to transfer Development Credits, such transfer shall be accompanied by an agreement by the owner indicating the extent of the credit transfer and agreeing to refrain from construction of Dwellings or other Buildings or from exercising any of the entitlements so transferred. Said agreement shall be made between the owner (and his heirs and assignees) and the County, and shall be recorded in the Office of the County Recorder.
      3. Slope. No Dwelling shall be constructed on an area which exceeds thirty (30) percent Slope as shown on the detailed Slope analysis.
      4. Density and Building Lot Size. Individual Building Lots for detached one- and two-Family Dwellings shall be not less than ten thousand (10,000) square feet in area.
      5. Development Credit Equivalency Ratios.
         1. Hotels: One(1) Development Credit shall be equal to each increment of seven(7) Hotel Rooms designated for transient lodging contained within a permitted Hotel. If the total number of rooms in the Hotel is not a factor of seven(7), the remaining increment of rooms less than seven(7) shall be considered one(1) Development Credit.
   6. Paved Road Access: All recreational resorts shall abut on, and shall have two separate Road access locations to, a hard-surfaced public street that connects to and is part of the paved official county, state, or municipal Road system. However, a recreational resort may obtain Paved Road access through a previously approved Development with a hard surfaced Road system, provided a Road maintenance agreement is established between the proposed and existing Development. There shall be no unpaved section of Road from the county, state, or municipal hard-surfaced Road to the proposed Development, and any proposed Road within the proposed Development shall be a through Road connected to the county, state, or municipal hard-surfaced Road at two different access locations.
   7. Street System:
      1. All public and private streets shall conform to the official Road standards as required by the County Engineer.
      2. The Road system of the Development shall conform to the land use ordinance for recreational resorts with respect to Grades, and length of cul-de-sacs.
      3. In the event that land within the proposed Development is traversed by a proposed street that is shown on the transportation element map of the county General Plan, a note shall be placed on the plat that (1) explains that the Development is traversed by a proposed street shown on the transportation element map of the county General Plan, (2) establishes that Dwellings shall not be constructed within fifty (50) feet of the proposed street, and (3) strongly discourages the construction of any permanent Structure within one-hundred (100) feet of the proposed street.
      4. No vehicular Road shall have a Grade of more than eight (8) percent.
      5. A Grade of up to twelve (12) percent may be approved, by the County Engineer, when all of the following criteria are met:
         1. The Grade is necessary to eliminate extra cuts, Fills, or circuitous routes;
         2. no section of Road which exceeds 8 percent Grade is longer than one thousand (1000) feet in length;
            
         3. police, fire, ambulance, snow removal, and other essential services can be provided at a substantiality equal level of quality or can be enhanced by additional design features; and
         4. no section of Road exceeding a Grade of 8 percent is located within two hundred (200) feet of an intersection, or is on a curve, having a radius of one hundred fifty (150) feet or less for the curve of the inside street line.
      6. No street or Road shall be constructed in a location or in such a manner which produces a Slope face which exceeds the Critical Angle of Repose, provided that the County Engineer may approve a Road producing such a Slope face where it finds:
         1. The Road is necessary to the Development, and the proposed Road follows the most appropriate alignment;
         2. the Road and Slope will not produce an undue hazard to the environment or adjacent properties; and
         3. the Road is engineered and constructed to prevent the soil from moving.
      7. All vehicular Roads shall be paved to meet the minimum requirements of the Utah County Public Works Department.
      8. Where an existing county Road borders the Subdivision, the Road shall be paved to the full standard width even if the applicant has record title to only a portion of the Road easement. The applicant shall be required to dedicate ownership of the portion of the required right-of-way which he owns to the County.
      9. Each intersection shall bear permanent signs sufficient in design for easy identification of street names by emergency Vehicles and other motorists, as approved by the County Engineer.
      10. The maximum length of any dead-end Road or cul-de-sac shall be seven hundred and fifty (750) feet, measured from the nearest edge of right-of-way from the connecting through Road to the center of the cul-de-sac or turn-around, except that an additional 750 feet may be approved by the Utah County Fire Marshal when the design of such extension is in compliance with currently adopted fire codes.
      11. Any Development that abuts on public land which has an existing access to the public land shall maintain the access by providing a public access Road through the Development to the public land.
      12. If access is on a state highway, a letter shall be provided from UDOT granting the access onto the state highway, with the location of the access shown on the plat. The County Engineer must approve the plans.
   8. Sidewalks, Paths, and Trails:
      1. Sidewalks shall be required for the following, as determined by the Zoning Administrator in consultation with the County Engineer:
         1. where needed for safety, or for pedestrian connection;
         2. as required by the Americans with Disabilities Act; or
         3. for erosion control in high pedestrian traffic areas;
         4. where recommended in the Parking and Traffic Circulation Plan.
      2. As a means of protecting the vegetation, all paths and trails for both pedestrian and equestrian travel shall be clearly marked upon the ground and shall be either graveled or hard surfaced as required by the County Engineer.
      The applicable standards of the next three (3) Paragraphs (Water Supply, Water Source, and Water System) are those that must be addressed in the engineering study referenced above in Paragraph C.
   9. Water Supply:
      1. Water Rights: The property within the perimeter boundary of the plat shall be provided by the developer with perpetual water rights that meet the following standards:
         1. Culinary-quality water for use inside the Dwelling shall be provided to each Lot and Dwelling unit at a flow rate of at least .015 cubic feet per second per Dwelling unit and a quantity of at least .45 acre-feet per year per Lot and Dwelling unit. Where the Development is not limited to Dwelling use alone, culinary-quality water shall be provided for occupied Structures other than Dwellings in the amount determined by the County Engineer after receiving an engineering study of water use from the developer.
         2. Water for maintaining landscaping and fuel-breaks around dwellings and occupied Structures shall be provided at the rate of at least 1 acre-foot per year per Lot and occupied Structure (including Dwellings) and Building site, which water shall be available from April 30 to October 1 annually.
         3. Water for irrigation shall be provided as follows:
            1. Irrigation water shall be provided at a rate of at least 1.5 acre-feet per acre per year for the entire area of each Lot and Parcel of the Development beyond the first 10,000 square feet of area of each Lot and Parcel, which quantity of water must be available from April 30 to October 1 annually. The County Engineer may approve an applicant’s request for a reduction in the amount of irrigation water required if an engineering study determines one or more of the followings:
               1. that, less water, or no water is needed for each Lot and Parcel to maintain the native vegetation in a green condition or to establish and maintain planted vegetation in a green condition.
               2. that less water is needed for each Lot because of an average Slope of eight (8)-percent or greater on each Lot and environmental conditions are not suitable for cultivation and irrigation of crops on at least 45-percent of each Lot.
               3. that less water is needed because of the incorporation of water conservation techniques into the irrigation plan for each Lot or Parcel.
            2. The engineering study shall include all of the following:
               1. the quantity of irrigation water needed for each Lot and Parcel based on the engineer’s water reduction findings in subsection (3)(B);
               2. an examination of the land included in the proposed Development including:
                  1. depth of the water table;
                  2. annual precipitation, topography;
                  3. cultivation suitability;
                  4. the incorporation of any water conservation techniques in the irrigation plan; and
                  5. any applicable fire codes; and
               3. the impacts to the aquifer(s) supplying water to the Development should the adjustment be granted.
            3. The irrigation water quantity requirement is met even if the water rights from some sources are restricted as to coverage, such that the water cannot be applied to the entire area of the Lot.
            4. The amount of irrigation water required to be provided may not be reduced below 40% of the required amount in subsection (3)(A).
      2. Water Quality:
         1. Culinary quality water for use inside each Dwelling shall be provided by a central water system, approved as a public water system by the Utah Department of Environmental Quality, Division of Drinking Water.
      3. Types and Duration of Rights:
         1. Where water rights are to be supplied by a municipality, district, water company or other supplier which serves users outside as well as inside the Development, the engineering study shall show that the supplier can meet its commitments outside the subject Development while meeting the standards of this ordinance within the Development.
   10. Water Source:
       1. The engineer shall confirm that the proposed source water has been tested and found to comply with all applicable, adopted Utah County standards for delivery, flow, and quality, and shall provide their opinion on the water system’s ability to meet Utah County standards when the project is complete. The engineer’s opinion shall be based on best available data.
       2. If wells are proposed to provide the water for a central water system, the wells must be drilled and tested to establish that the wells will be able to provide the required flow, quality, and quantity of water, as per the applicable, adopted Utah County standards.
   11. Water System:
       1. All recreational resorts shall have a central water system that supplies culinary quality water for culinary use and provides flow for fire protection, which system meets the applicable, current Series 500 rules of Title R309 of the Utah Administrative Code, and any other current, applicable State of Utah drinking water rules and policies, as well as the applicable, adopted county fire codes. If a central water system is proposed to service a recreational resort, but has not yet been constructed, plat application approval shall not occur until water system plan approval has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water; the central water system shall not be put into service until an operating permit has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water.
       2. Irrigation systems need not have a central storage facility, but must be designed to provide the required irrigation water flows and coverage.
       3. A statement from the irrigation water delivery entity, on County approved form, determining that the proposed on-site irrigation system can connect to the delivery system, and approving the irrigation plan.
       4. A statement, which has been dated, stamped and signed by an engineer licensed by the State of Utah, which confirms the irrigation plan will allow for the independent irrigation of each Lot in the plat.
   12. Sewage Disposal: Each recreational resort shall be provided with and served by a central public sewage disposal system or by individual wastewater disposal systems entirely located on each Lot which are approved by the County Health Department.
   13. Fire Protection:
       1. Fire hydrants shall be installed as required by the Utah County Fire Marshal using applicable adopted codes.
       2. Roofs and exteriors of Buildings shall be of fire resistant materials as approved by the Utah County Building Official and County Fire Marshal.
       3. All highly flammable weeds and plant material shall be removed and shall be kept removed from occupied Structures (including Dwellings) as determined by the County Fire Marshal using applicable adopted codes.
   14. Off-street Parking and Driveways:
       1. At least two off-street Parking Spaces shall be provided for each Dwelling unit,
       2. The County Engineer may require more or less off-street Parking Spaces for each Dwelling unit, subject to the following.
          1. the recommendation of the comprehensive Parking and Traffic Circulation Plan;
          2. shared parking agreements;
          3. the number cannot be reduced to less than one off-street Parking Space for each Dwelling unit.
       3. Off-street Parking Spaces for recreational uses, commercial Structures, other occupied Structures, and other uses, shall be as set forth in UCLUO 4.60 or as determined by an approved comprehensive Parking and Traffic Circulation Plan.
          
       4. Written verification dated and signed by an engineer licensed to practice in the State of Utah establishing that the driveway access for each Lot and habitable Structure can meet the minimum requirements of this land use ordinance and other adopted applicable codes shall be provided and must be approved by the County Engineer.
       5. Written verification dated and signed by an engineer licensed to practice in the State of Utah establishing that the driveway access for each Lot and habitable Structure can meet the minimum requirements of this land use ordinance and other adopted applicable codes shall be provided and must be approved by the County Engineer.
   15. Parking and Traffic Circulation Plan:
       1. The developer shall submit a comprehensive Parking and Traffic Circulation Plan, which plan, if approved, may replace the requirements of UCLUO 4.60.
       2. The Parking and Traffic Circulation Plan shall meet the following requirements:
          1. The plan shall be prepared by an engineer licensed to practice in the State of Utah, specializing in traffic engineering;
          2. The plan shall meet the requirements of the ADA, Americans with Disabilities Act;
          3. The plan shall include analysis, conclusions, and recommendations of all automotive, transit and active transportation on- and off-site improvements needs;
          4. The plan shall identify the transportation needs of existing and proposed uses within the Development;
          5. The plan shall include existing and anticipated traffic volumes for Roads within the Development and for Paved Roads which provide ingress and egress to the Development;
       3. The plan shall be reviewed and approved by the County Engineer in consultation with the Utah County Fire Marshal, and the Utah County Community Development Department.
       4. Any amendments, vacations or modifications to an approved plat or an area originally approved as part of a recreational resort plat may require an updated Parking and Circulation Plan as determined by the County Engineer.
   16. Utility Easements: To serve each Lot, utility easements and irrigation easements of not less than (10) feet in width shall be required around all Lots, together with such other utility and irrigation easements as are necessary to serve the recreational resort. All new utilities to be installed shall be placed underground within the recreational resort boundaries. Existing above-ground utilities that must be relocated are not required to be placed underground, unless required by the utility provider in writing. No Structure shall be constructed within the designated easements, except for the related utility Structures.
   17. Location Requirements for Manufactured Homes and One- & Two-family Dwellings: The location of all Buildings and Structures to be placed in the recreational resorts shall be shown on the plat as Building footprints, along with the Building’s proposed use. Exception: Where the developer elects to plat separate Lots for manufactured homes, or one-or two-family Dwellings, general setback lines, rather than Building footprints, may be shown on the final plat, along with the specified use. Setback requirements shall be the same as those found for the pertinent zoning district.
   18. Location of Common Facilities and Structures: The location of all common facilities and Structures shall be shown on the detailed site plan.
5. Required Improvements: All improvements which are required under the terms of this ordinance shall be shown on the layout map, engineered drawings, or recorded plat. Such improvements shall be constructed by the developer in accordance with the Utah County Development standards and inspected by the County Engineer. For recreational resorts, the required improvements include all improvements required by the terms of this land use ordinance, and the following:
   1. Hard-surfaced streets as per the approved street plan and street cross-sections.
   2. Street signs, and traffic control devices.
   3. An approved surface water, drainage, and flood control system, including both off-site and on-site facilities.
   4. An approved central culinary water and fire suppression water supply system, including both off-site and on-site facilities.
   5. An approved central sewer system, including both off-site and on-site facilities, unless all Lots are served by individual septic systems located on each Lot.
   6. Fire hydrants and fuel breaks.
   7. Permanent survey monuments.
   8. Installed underground utilities, including natural gas (where available), electrical supply lines, and telephone lines.
   9. Landscaping in Common Areas, as required.
   10. An approved landscape watering and irrigation system, including both off-site and on-site facilities, as described in the approved irrigation plan.
   11. Coverings or Fencing for safety of canals and streams, when applicable and required by the County Engineer.
   12. All facilities and amenities shown for common use, including all Fences, walls and other Common Area improvements and Structures.
   13. Other improvements as permitted by this land use ordinance or other applicable law.

1. General Provisions:
   1. Declaration of Legislative Intent: The intent of this section is to establish guidelines which will facilitate the approval of a proposed planned nonresidential Subdivision plat.
   2. Scope: The owner of a tract of land containing the required amount of land as set forth in the zones in which planned nonresidential Subdivisions are permitted may construct a planned nonresidential Subdivision thereon by complying with the regulations and standards of this section, in addition to all other requirements of the land use ordinance and other applicable law.
      1. Minimum Requirements: The requirements of this section, in addition to all other requirements of the land use ordinance and other applicable law, shall be the minimum requirements for the preparation, submission, and recording of all plans, plats, and supporting documents relating to planned nonresidential Subdivisions.
      2. Development Agreement: The County may enter into a Development agreement which complies with the provisions of Utah Code § 17-27a-528, as amended. The agreement may require standards which are greater, but not less than, those required in this section including, but not limited to, the following
         1. The mandatory creation of governmental districts and/or assessment areas to offset the fiscal impact of the planned nonresidential Subdivision upon the County;
         2. The creation of additional on-site and/or off-site facilities and improvements necessary for the planned nonresidential Subdivision and/or the expansion of the proposed community;
         3. The creation of additional utility easements within the Development;
         4. Additional restrictions on the location and Slopes of roadways, and;
         5. Any other additional condition or limitation necessary to ensure the implementation of generally accepted principles of good planning necessary for the health, safety, and welfare of County residents.
         The County may, as a condition of approval, restrict recordation of a Subdivision plat until a Development agreement is formed and executed between the developer/land owner(s) and Utah County.
      3. Exemption from Rules of Property: The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this ordinance or any declaration, bylaw, or other document executed in accordance with this ordinance.
2. Permitted Uses: A planned nonresidential Subdivision shall consist of the platting of real property into one or more Lots, Parcels, or other division of land, following the procedure outlined in this ordinance. Land uses permitted on the Lots of a Subdivision shall be limited to those listed as permitted uses or permitted Conditional Uses for the zoning district in which the subdivision plat is located.
3. Application Requirements: The application shall consist of the following elements.
   1. Application and Fee: A standard Large Scale Development application shall be obtained from Community Development and shall be completed and submitted with the required fee. The application shall be completed and signed by all owners of record, or applicant shall establish and provide documentary proof that applicant has a right to purchase the property.
   2. Developmental Impact Statement: The statement shall be prepared by an engineer licensed by the State of Utah, who has signed and dated the statement. See UCLUO 14.28 Appendix A for a complete list of items that shall be addressed in this statement.
   3. Layout Map:
      1. A layout map shall include all of the following items:
         1. Type of Development.
         2. Name and address of developer.
         3. Name and address of designer.
         4. Date.
         5. North point, scale, and vicinity map.
         6. Township, range, and section lines.
         7. Zone designation.
         8. Perimeter boundary of the Development.
         9. Name and address of adjacent property owners.
         10. Contour intervals.
         11. Location of all existing Buildings, Structures, walls and Fences within the perimeter boundary, and the location of existing Public Utility easements, railroads, public and private street locations and names, power lines, culverts, drain pipes, drainage channels, canals, ditches, Flood Channels, areas where ground water rises periodically to within five feet of the surface of the ground, wetlands and riparian areas, streams and lakes on the subject property and within 100' of such property and any area within the boundary of the Development in a 100 year or greater flood area.
         12. Identification of any contaminated and unstable soils, past cuts or Fills and Fill material types.
         13. Identification of Fault lines or other Natural Hazards affecting the subject property.
         14. Existing water and sewer mains and lines--location and size.
         15. Existing irrigation mains and/or secondary water sources.
         16. The location and an identification of each use of land and each Building adjacent to the boundaries of the proposed Development.
         17. Proposed Lot and location layout for the Development, including Lots and Building sites.
         18. Source of water.
         19. Cross-section of proposed streets and Roads, as per county standards.
         20. Proposed power lines, bridges, utilities, and utility easements.
         21. Proposed water, sewage lines--location and size and place of sewage disposal, and location of solid waste collection points.
         22. Location of proposed fire hydrants, and location of proposed lighting systems.
         23. Any additional information which the Plan Coordinating Committee may require.
      2. The layout map may consist of several sheets and shall be drawn to a scale of not smaller than one inch equals one hundred feet (1"=100'), or as determined by the Zoning Administrator.
      3. A brief explanatory note shall be placed on the layout map for any specified item which does not exist or is not applicable.
   4. Tabulations: A list of tabulations shall be individually listed on the plat and shall include:
      1. Total number of acres in the proposed Development (including any Road dedication areas).
      2. Total number of Lots.
      3. Percentage of area and acres to be devoted to roadways.
   5. Engineering Drawings: The following engineering drawings, unless deemed to be inapplicable by the County Engineer, shall be properly dated, stamped and signed by an engineer licensed by the State of Utah and submitted with the application:
      1. Plan and profile drawings pertaining to the water system, fire suppression system, sewage system, street system, drainage system, irrigation system, utilities, and any other engineered drawings required by the County Engineer in order to determine compliance with the County Public Works standards, this ordinance, or other applicable requirements. Engineered drawings shall be reviewed and approved by the County Engineer.
   6. Documentation: The application shall include the following documents which shall be prepared in accordance with Utah County standards and forms:
      1. A fiscal impact report consisting of an analysis of projected revenues and costs to Utah County for governmental services, on-site improvements, off-site improvements, including county Road usage to the nearest state or federal Road or highway and the utilization of Utah County mandated fire and life safety services.
      2. A title report with an effective date not earlier than thirty (30) days prior to the submittal date of a complete application, verifying that the owners who will execute the owner’s dedication on the plat have sufficient control to effectuate the dedication without exceptions or limitations. The title report shall be a full report (title policy commitment quality and form), including a judgment search of all Lot owners. All owners as shown on the title report shall sign the plat. If the property is owned in trust, a copy of the trust document shall be provided for review. The legal description of the property in the title report shall match exactly the legal description as contained on the plat. The plat description shall include all areas dedicated to the public, including streets. If the streets are not being dedicated to the public, the developer shall establish that the streets have previously been deeded to the County. All boundary disputes and boundary exceptions shall be resolved and deleted from the title report before it is submitted to the County (the only exceptions are the standard printed exceptions). All easements and other title restrictions shall be located on the plat and identified on the plat, including the recording information. All blanket easements shall be identified on the plat, by note, including the recording information. Lien holder consent, subordination, and if applicable, release, shall be obtained, provided on forms approved by the County Attorney’s Office, and submitted for review. If the plat is approved, the applicant shall provide an update letter from the title company, amending the prior title report effective date to the date of the recording of the plat.
      3. If the proposed central water source is an existing public water system, an agreement from the provider to permanently provide the required quantity of water. If the proposed central water source is not an existing public water system, documents from the Utah State Division of Water Quality approving the proposed public water system.
      4. An engineering study signed, dated, and stamped by a professional engineer licensed by the State of Utah demonstrating that the applicable standards of this ordinance for water supply, water source, and water system will be met (see Paragraph D). The County Engineer shall determine whether the engineering study meets the applicable standards of this Section.
      5. A drainage and flood plan shall be dated, stamped and signed by an engineer licensed by the State of Utah, and shall include the following:
         1. An analysis of the nature and extent of hazard from floods originating off the premises and a plan indicating how such flooding hazard will be accommodated within the Development (said analysis and plan may be waived by the County Engineer when ample information already exists for the area).
         2. An analysis of the nature and extent of the drainage and flood problems which will be created by the Development, including an analysis of the amount of water generated as a result of the covering of absorption areas and a plan indicating how the drainage and flood waters will be accommodated.
         3. The location and size of any ditches, culverts, drains, sumps, percolation basins, curbs and gutters, and other proposed Structures and facilities.
         4. A method of handling all runoff on site when an existing storm water system is not available. If all surface drainage water is proposed to be retained on-site, the engineer must certify all surface water can be maintained on-site.
         5. A statement of acceptance of the drainage waters from the appropriate entity where excess surface drainage from the Development will flow into an irrigation channel or into a public street or otherwise be directed off the premises. However, the County Engineer shall determine that no statement of acceptance is required for a natural or well-established drainage—which drainage has been identified in the drainage and flood plan and flowed off-site prior to Development activity, and will continue to do so—if the County Engineer finds that the drainage and flood plan demonstrates such drainage has not and will not be substantially altered, and drainage water volumes have not and will not be increased, through Development activity.
         6. A method of covering, Fencing, or similar safety treatment of canals and waterways traversing the Development.
         The drainage and flood plan shall be reviewed and approved by the County Engineer. A note shall be placed on the plat that briefly describes the method for handling all runoff for the Development.
      6. A dated, signed and stamped report from a professional engineer licensed by the State of Utah detailing the specifications and capacities of the following:
         1. Gravity pressurized central water system.
         2. Central sewage disposal system.
         3. Utilities.
         4. Street system.
         5. Surface water, drainage and flood control system.
         6. 6. Fire hydrants.
         7. Any additional information which the Plan Coordinating Committee may require. The plat shall contain a note that summarizes the findings of this report.
      7. A dated, signed and stamped itemized estimate from an engineer licensed by the State of Utah, verified by the County Engineer, stating the cost of installing all required improvements related to the Development.
      8. A statement from the County Health Department certifying that the proposed central water supply and central sewage disposal system conform to the pertinent state and county health regulations.
      9. A statement from the County Engineer certifying that the proposal conforms to the pertinent provisions of the Utah County Development standards ordinance and the Road and other improvement standards of the land use ordinance.
      10. A statement from the County Fire Marshal certifying that the proposal conforms to the pertinent regulations of the adopted county fire codes and the fire-protection provisions of the land use ordinance.
      11. A tax clearance from the County Treasurer indicating that all taxes, interest, and penalties owing on Parcels within the proposed Development perimeter boundary have been paid, including greenbelt rollback taxes.
      12. A noxious weed certification that lands being Subdivided are free from invasive noxious weeds or have undergone appropriate noxious weed control treatment, shall be submitted with the application.
          1. A noxious weed certification is considered valid if it has been signed and dated by an inspector which has been approved by the Utah County Weed Control Board.
          2. The noxious weed certification shall remain viable for a period of two (2) years from the date of the certification. Inspections supporting certification shall be made during the period from April 1 through September 30.
             1. In lieu of certification, a two (2) year Bond may be approved by the County Commission in the amount of $500.00 per acre with a maximum Bond amount of $5000.00.
             2. A valid noxious weed certification shall be submitted within two (2) years after the date of Subdivision approval, or the Bond will be forfeited to Utah County.
      13. A restrictive covenant, in a from acceptable to the Zoning Administrator, prohibiting any residential use of the property described on the plat.
      14. Caretaker’s Dwellings, which meet all the requirements of this land use ordinance, are permitted in Planned Nonresidential Subdivisions.
   7. Plat: The plat shall be reproducible and be drawn in accordance with county standards at a scale of one-inch equals one hundred feet (1"=100') or as directed by the Zoning Administrator, and shall include the following:
      1. Perimeter boundary of the Development, including any Road dedication areas, and the location of all required survey monuments.
      2. The location of all Lot lines and/or Building site areas, and the identifying number for each Lot, block, and Building site in the Development.
      3. The name, location, and extent of all streets and the location and nature of all other Parcels of land to be dedicated to the public, if applicable.
      4. The location and identification of all easements and their specific use.
      5. The location and extent of all Parcels within the Development which are subject to deed restrictions or any other limitations, or which are subject to conditions of approval written on the plat.
      6. Statements of limitations or conditions of approval required to be written on the plat by the Zoning Administrator, and other statements or information required by this land use ordinance, or other applicable law.
      7. 1. The certificate and seal of survey accuracy by the surveyor or engineer preparing the plat.
         2. The owner's dedication of land for public use, and the owner's conveyance of easements and Parcels for utilities or other special use, and the owner's acceptance of the limitations or conditions of approval.
         3. The acknowledgment of the owner's dedication by a Utah Notary Public (or an equivalent officer authorized to acknowledge conveyances of real estate if the owner is out of state).
         4. The County Commission's acceptance of dedication of streets, easements, etc., along with the attesting signature and stamp of the County Clerk. The plat shall include the following signature block for these purposes:
            
            

            ACCEPTANCE BY COUNTY COMMISSION
            The County Commission of Utah County hereby accepts the dedication of all streets, easements, and other Parcels of land intended for public purposes for the perpetual use of the public this _____ day of _____________ A.D. ____.
            _______________________ Commission Chair	Attest: _______________________ Commissioner Clerk

         5. The County Engineer’s certification and stamp that the approved plans for the Development conform to the Utah County standards and requirements for Roads and other improvements. The plat shall include the following signature block for these purposes:
            
            

            COUNTY ENGINEER CERTIFICATION
            The County Engineer of Utah County certifies the plans for this Development conform to the Utah County standards and requirements for Roads and other improvements.
            _____________________________________, Sign	______________ Date

         6. The culinary water and Sanitary Sewer Authority’s approval of the culinary water and sanitary sewer facilities of the Development. The plat shall include the following signature blocks for these purposes:
            
            

            APPROVAL BY THE CULINARY WATER AUTHORITY
            The undersigned Culinary Water Authority approves this plat for culinary water purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

            
            

            APPROVAL BY THE SANITARY SEWER AUTHORITY
            The undersigned Sanitary Sewer Authority approves this plat for sanitary sewer purposes, subject to the conditions stated on this plat.
            _____________________________________, Sign	______________ Date

            
            
         7. The utility owners’ and/or operators’ approval of the applicable underground utilities, other utility facilities, easements, rights-of-way, etc., of the Development; however, Utah County shall not require the plat to be approved or signed by a person or entity who does not provide a utility or other service directly to the Lots within the Development, unless provided or required by the Utah Code, as amended. The plat shall include the following signature block for this purpose:
            
            

            APPROVAL BY OWNERS AND OPERATORS OF UNDERGROUND UTILITIES AND OTHER UTILITY FACILITIES
            The undersigned owners or operators of the underground utilities and other utility facilities located on this plat hereby approve the boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; hereby approve the location of existing underground and utility facilities; and hereby approve the conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of records, and utility facilities within the Development, as shown on this plat.
            Utility Provider ________________________	Utility Provider ________________________
            Utility Provider ________________________	Utility Provider ________________________

         8. The County Administrative Land Use Authority’s certification that plans for the Development conform to the Utah County land use standards and requirements. The plat shall include the following signature blocks for these purposes:

            COUNTY ADMINISTRATIVE LAND USE AUTHORITY CERTIFICATION
            The County Administrative Land Use Authority of Utah County certifies the plans for this Development conform to the Utah County land use standards and requirements.
            _____________________________________, Sign	______________ Date

         9. Certifications required by State Law and other certifications as permitted by this land use ordinance or other applicable law. The following certifications:
         10. The Zoning Administrator in consultation with the County Attorney’s Office may approve modifications to the required certifications, as needed, to address the individual circumstances of applications.
4. Standards and Conditions: All planned nonresidential Subdivisions shall conform to all of the requirements of this land use ordinance and the following standards and conditions.
   1. Design:
      1. The plans shall be prepared by an engineer licensed to practice in the State of Utah.
      2. The suitability and capability of soils, the convenience of access, the preservation of bodies of water, and other significant features are factors to consider in the design of the Development.
      3. Individual Lots within the planned nonresidential Subdivision shall have a minimum area of one (1) acre.
   2. Size: The minimum acreage required to qualify for a planned nonresidential Subdivision shall be one (1) acre. No minimum Lot Width shall be required.
   3. Paved Road Access: All planned nonresidential Subdivisions shall abut on and shall have access to a hard-surfaced public street that is part of the paved official county, state or municipal Road system. However, a planned nonresidential Subdivision that is an extension of a previously approved nonresidential Subdivision plat may obtain Paved Road access through said prior plat.
   4. Street System:
      1. All streets shall be constructed to conform to the Road standards for public streets as required by the Utah County Public Works Department.
      2. In the event that the land within the proposed Development is traversed by a proposed street that is shown on the transportation element map of the county General Plan, a note shall be placed on the plat that (1) explains that the Development is traversed by a proposed street shown on the transportation element map of the county General Plan, (2) establishes that Dwellings shall not be constructed within fifty (50) feet of the proposed street, and (3) strongly discourages the construction of any permanent Structure within one-hundred (100) feet of the proposed street.
      3. No vehicular Road shall have a Grade of more than eight (8) percent.
      4. All vehicular Roads shall be paved to meet the minimum requirements of the Utah County Public Works Department.
      5. Where an existing county Road borders the Subdivision, the Road shall be paved to the full standard width even if the applicant has record title to only a portion of the Road easement. The applicant shall be required to dedicate ownership of the portion of the required right-of-way which he owns to the County.
      6. All roadways and each intersection shall bear permanent signs sufficient in design for easy identification of street names by emergency Vehicles and other motorists, as approved by the County Engineer.
      7. Subdivisions may abut an existing dead-end paved county Road, but the Road system within the Subdivision shall consist of through Roads. No cul-de-sac Roads are permitted.
      8. Any Development that abuts on public land which has an existing access to the public land shall maintain the access by providing a public access Road through the Development to the public land.
      9. If access is on a state highway, a letter shall be provided from UDOT granting the access onto the state highway, with the location of the access shown on the plat. The County Engineer must approve the plans.
      The applicable standards of the next three (3) Paragraphs (Water Supply, Water Source, and Water System) are those that must be addressed in the engineering study referenced above in Paragraph C.
   5. Water Supply:
      1. Water Rights:
         1. Culinary-quality water shall be provided to each Lot, as follows:
            1. at a flow rate of at least 0.015 cubic feet per second, per Lot, and a quantity of at least 1 acre-foot per year, per Lot; or
            2. such larger flow rate and quantity recommended in the engineering study.
         2. If the submitted engineering study recommends quantities and flow rates of additional types of water, the County Engineer shall determine whether these additional types of water shall be required.
      2. Water Quality:
         1. All nonresidential Subdivisions shall be serviced by a central water system, which has been approved as a public water system by the Utah Department of Environmental Quality, Division of Drinking Water.
      3. Types and Duration of Rights:
         1. Where water rights are to be supplied by a municipality, district, water company or other supplier which serves users outside as well as inside the Development, the engineering study shall show that the supplier can meet its commitments outside the subject Development while meeting the standards of this ordinance within the Development.
   6. Water Source:
      1. The engineer shall confirm that the proposed source water has been tested and found to comply with all applicable, adopted Utah County standards for delivery, flow, and quality, and shall provide his/her opinion on the water system’s ability to meet Utah County standards when the project is complete. The engineer’s opinion shall be based on best available data.
      2. If wells are proposed to provide the water for a central water system, the wells must be drilled and tested to establish that the wells will be able to provide the required flow, quality, and quantity of water, as per the applicable, adopted Utah County standards.
   7. Water System:
      1. All planned nonresidential Subdivisions shall have a central water system that supplies culinary quality water for culinary use and provides flow for fire protection, which system meets the applicable, current Series 500 rules of Title R309 of the Utah Administrative Code, and any other current, applicable State of Utah drinking water rules and policies, as well as the applicable, adopted county fire codes. If a central water system is proposed to service a planned nonresidential Subdivision, but has not yet been constructed, plat application approval shall not occur until water system plan approval has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water; the central water system shall not be put into service until an operating permit has been obtained from the Utah Department of Environmental Quality, Division of Drinking Water.
   8. Sewage Disposal: Each planned nonresidential Subdivision shall be provided with and served by a central sewage disposal system which is approved by the State of Utah and the County Health Department.
   9. Fire Protection: Fire hydrants and other fire protection shall be determined by the Fire Marshal using applicable adopted codes.
   10. Off-Street Parking and Loading:
       1. Off-street parking and loading spaces shall be provided according to the provisions of UCLUO 4.60.
   11. Utilities:
       1. All new utilities shall be installed underground. Existing above-ground utilities that must be relocated are not required to be placed underground, unless required by the utility provider in writing.
       2. Easements of not less than ten (10) feet in width shall be required for all utility lines, the location of which may vary depending upon the design of the Development.
       3. No Structure shall be placed within the designated easements except utility Structures.
   12. Setback Distances: Each Lot in a planned nonresidential Subdivision shall meet the applicable setback requirements of this Ordinance, or successor ordinance. A note shall be placed on the plat that states the following: “Each Lot shall be required to meet the applicable setback requirements of the Utah County Land Use Ordinance, or successor ordinance.”
5. Required Improvements: All improvements which are required under the terms of this ordinance shall be shown on the layout map, engineered drawings, or recorded plat. Such improvements shall be constructed by the developer in accordance with the Utah County Development Standards Ordinance and inspected by the County Engineer. For planned nonresidential Subdivisions, the required improvements include all improvements required by the terms of this land use ordinance, and the following:
   1. Hard surfaced streets.
   2. Street signs, and traffic control devices.
   3. An approved surface water, drainage and flood control system, including both off-site and on-site facilities.
   4. An approved central culinary water and fire suppression water supply system, including both off-site and on-site facilities.
   5. An approved central sewer system, including both off-site and on-site facilities.
   6. Fire hydrants.
   7. Permanent survey monuments.
   8. Installed underground utilities, including natural gas (where available), electrical supply lines, and telephone lines.
   9. Coverings or Fencing for safety of canals and streams, when applicable.
   10. Other improvements as permitted by this land use ordinance or other applicable law.

1. Subdivision Amendments:
   1. Subdivision Amendments shall comply with the following requirements and procedures:
      1. Subdivision Amendments including a vacation of a public street or county utility easements shall comply with the procedures and requirements contained in the Utah Code 17-27a-608 and 17-27a-609.5 as amended.
      2. No Subdivision Amendment shall be approved that violates the current development requirements, standards, and conditions of this Ordinance.
      3. The submittal of a Subdivision Amendment application does not subject the existing development to a new, full development review. Only those elements of the development proposed to be amended shall be considered in the Subdivision Amendment application and subject to current development requirements, standards, and conditions.
      4. The current requirements, standards, and conditions of mountain home developments shall be used for review of applications to amend an element of a Planned Dwelling Group or Seasonal Homes Development or other nonconforming development type.
      5. Previously approved or required occupancy limitations or restrictions for lots in a development (i.e., the occupancy limitations related to a Seasonal Homes Development) shall not be changed through a Subdivision Amendment application.
      6. The Utah County Zoning Administrator is designated as the Administrative Land Use Authority for Subdivision Amendments.
      7. Modification of Large-Scale Development plats—prior to recording of the plat, but after plat approval—must be approved by the Zoning Administrator. The Zoning Administrator may require approval from other county departments.
      8. Each Subdivision Amendment shall be classified as either a minor Subdivision Amendment or a major Subdivision Amendment, as defined below:
         1. Minor Subdivision Amendment: A minor amendment is required when one or more of the following applies:
            1. The boundary changes fall under a simple boundary adjustment and the applicant requests a subdivision amendment.
            2. Public or private roads, road easements, and utility easements are not affected.
         2. Major Subdivision Amendment: A major amendment is required for any Subdivision Amendment that does not meet the qualifications of a minor Subdivision Amendment.
   2. Minor Subdivision Amendment Requirements: The following items are required for a minor Subdivision Amendment.
      1. A standard Subdivision Amendment application and petition shall be obtained from Community Development and shall be completed and submitted with the required fee. The application shall be completed and signed by all owners of record, or applicant shall establish and provide documentary proof that applicant has a right to purchase the property.
      2. A recent policy of title insurance verifying the owners who executed the owners' dedication on the plat have sufficient control to effectuate the dedication without boundary exceptions. The title report shall be a full report (title policy commitment quality and form) and the legal description of the property in the title report shall match the legal description as contained on the plat.
      3. All easements and other title restrictions shall be located and identified on the plat, including the recording information. All blanket easements shall be identified on the plat, by note, including the recording information.
      4. Lien holder consent and subordination shall be obtained, provided on forms approved by the County Attorney’s Office, and submitted for review.
      5. A reproducible plat drawn in accordance with county standards at a scale of one inch equals one hundred feet (1"=100') or as directed by the Zoning Administrator, and shall show the following:
         1. Perimeter boundary of the development and the location of all required survey monuments.
         2. The location of all lot lines and/or Building site areas, and the identifying number for each lot, block, and Building site in the development.
         3. The name, location, and extent of all streets and the location and nature of all other parcels of land dedicated to the public or reserved for common use by the residents of the development.
         4. The location and identification of all easements and their specific use.
         5. The location and extent of all parcels within the development which are subject to deed restrictions or any other limitations, or which are subject to conditions of approval written on the plat.
         6. Statements of limitations or conditions of approval required to be written on the plat by the County Commission, and other statements or information required by this land use ordinance, or other applicable law.
         7. The following certifications:
            1. The certificate of survey accuracy by the surveyor or engineer preparing the plat.
            2. The owner's dedication of land for public use, and the owner's conveyance of easements and parcels for utilities or other special use.
            3. The acknowledgment of the owner's dedication by a Utah Notary Public (or an equivalent officer authorized to acknowledge conveyances of real estate if the owner is out of state).
            4. The County Commission's acceptance of dedication of streets, easements, etc., along with the attesting signature and stamp of the County Clerk.
            5. The County Engineer’s certification and stamp that the approved plans for the development conform to the Utah County standards and requirements for roads and other improvements.
            6. The culinary water and sanitary sewer authority’s approval of the culinary water and sanitary sewer facilities of the development.
            7. The utility owners’ and/or operators’ approval of the applicable underground utilities, other utility facilities, easements, rights-of-way, etc., of the development; however, Utah County shall not require the plat to be approved or signed by a person or entity who does not provide a utility or other service directly to the lots within the development, unless provided or required by the state or local law.
            8. The County Administrative Land Use Authority’s certification that plans for the development conform to the Utah County Land Use Ordinance.
            9. Certifications required by state law and other certifications if required by the Zoning Administrator.
      6. Written statements from the following County agencies or officials that address the proposed Subdivision Amendment and identify any requirements or recommendations relative to the proposal:
         1. County Health Department
         2. County Engineer
         3. County Fire Marshal – Required if the amendment includes:
            1. Lots smaller than 5 acres, or
            2. Lots are located within a nonresidential development, mountain home development, recreational resort or planned unit development.
      7. A tax clearance for each parcel serial number identified in or by the title report. The tax clearance shall include all property taxes due as of the date of the filing of the application.
      8. A note, in a form acceptable to the Utah County Attorney’s Office, shall be included on the plat that binds the plat to all previously recorded declarations, covenants, conditions, restrictions, maintenance agreements, and all other recorded documents and agreements related to the original development.
   3. Major Subdivision Amendment Requirements: The following items are required for a major Subdivision Amendment.
      1. All requirements in UCLUO 14.26.A.2 (Minor Subdivision Requirements)
      2. Written statement from utility service providers which provide services to the land described on the plat including the following:
         1. Utility service provider statements should address the proposed Subdivision Amendment and identify any recommendations relative to the proposal.
         2. If recommendations are received from a utility service provider, the County Engineer, shall determine whether the recommendations will be incorporated into the proposal

   
   

APPENDIX A DEVELOPMENTAL IMPACT STATEMENT CHECKLIST

1. NAME OF PROJECT
2. DATE
3. NAME AND ADDRESS OF DEVELOPER AND PROJECT ENGINEER
4. DESCRIPTION OF THE PROPOSED PROJECT
   1. Type of action or project (Subdivision, recreational site, commercial facility, etc.).
   2. Map or maps (preferably on a topographic base) showing the proposal, action, or project in detail.
5. DESCRIPTION OF THE ENVIRONMENT Base map showing:
   1. Topography of the area within and surrounding the proposed action or project for a distance of one-fourth mile from the land involved. U.S. Geological Survey map or better should be used.
   2. Location of underground drainage, Flood hazards, lakes, rivers, and other bodies of water, drainage channels, wetlands, fire hazards, snow Avalanche areas, habitat of endangered species and threatened species, and municipalities.
   3. Location of all geologic hazards, including the following:
      1. Faults;
      2. Landslides/Rockfalls;
      3. Liquefaction;
      4. Shallow groundwater;
      5. Soil erosion;
      6. Expansive soils;
      7. Subsidence.
6. ANALYSIS OF IMPACTS OF THE PROJECT IN RELATION TO EACH OF THE FOLLOWING: Note: Developers are cautioned against overlooking, concealing, or unduly mitigating adverse consequences of the action or project.
   1. Types and extent of vegetation and wildlife;
   2. Habitat of threatened or endangered species;
   3. Surface drainage;
   4. Streams or drainage channels in or near the area; identify approximate amount of flow and whether flow is constant or intermittent.
   5. Underground drainage;
   6. Flood hazards;
   7. Lakes, rivers and other bodies of water;
   8. Wetlands;
   9. Fire hazards;
   10. Snow Avalanche hazards;
   11. Geologic hazards:
       1. Faults;
       2. Landslides/Rockfalls;
       3. Liquefaction;
       4. Shallow groundwater;
       5. Soil erosion;
       6. Expansive soils;
       7. Subsidence.
   12. Socio-economic factors:
       1. Probable changes in population resulting from action or project;
       2. Probable changes in economic Structure of area (i.e., farming, recreation, commercial, etc.);
       3. Probable amount and effect of traffic on streets;
       4. Availability and adequacy of utilities (water, electricity, gas);
       5. Availability and adequacy of facilities for waste disposal—both liquid and solid waste;
       6. Availability of health care, police protection, and Road maintenance;
       7. Adequacy of streets for emergency response;
       8. Sources of funds for on-site and off-site improvements;
       9. Comparison of the anticipated tax revenues vs. cost of services which will likely be imposed on local government for services rendered.

MITIGATION DETAILS FOR THE NEGATIVE PROJECT IMPACTS TO THE ITEMS LISTED IN THIS APPENDIX

The owner or owners of real property may construct a new Condominium project or convert existing land and/or Structures into a Condominium project by complying with the provisions of the Utah Code, as amended, and the regulations of this ordinance.

1. Minimum Requirements: Whereas the requirements of this section shall be the minimum requirements for the preparation, submission, and the recording of plats, survey maps, and supporting documents and declarations, the Administrative Land Use Authority may require an increased standard to ensure that the Development will mesh harmoniously with the uses permitted in the surrounding zone and Developments.
2. Permitted Uses: Uses permitted within a Condominium project shall be limited to those specifically permitted within a zone in which the project is located.
3. Approval Procedure: Any owner or owners of real property wishing to develop a new Condominium project, or desiring to convert existing land and/or Structures into a Condominium project, shall follow the procedure for Large-scale Developments as contained in this Land Use Ordinance.
4. Standards: In addition to the standards as set forth in state law, Condominium projects shall:
   1. Conform to the Large-scale Developments standards and requirements, if said project also qualifies as a Large-scale Development; or
   2. Conform with the requirements and standards of the zone in which the property is located, and the documentation for Large-scale Developments, if the Condominium project does not qualify as a Large-scale Development.
5. Violation: It shall be unlawful to record any record any plat or declaration of a Condominium project in the Office of the County Recorder unless the same shall bear thereon signatures witnessing final approval of the Administrative Land Use Authority, and any plat or declaration so recorded without such approval shall be null and void. Any owner or agent of any owner of real property which is contained within a Condominium project as defined by this ordinance who sells or otherwise transfers any Parcel of land, Structure, or other Condominium unit in such Condominium project before obtaining final approval by the Administrative Land Use Authority, and recording a plat and declaration in the Office of the Utah County Recorder, shall be guilty of a separate violation of this ordinance for each Lot, Parcel of land, Structure, time unit, or other Condominium unit so sold.