The purpose of this chapter is to establish the standards and regulations for specific developments, whether small scale or large scale, and whether permitted by right in the zone or whether additional density is granted as a condition of meeting standards set forth in the applicable sections of the Land Use and Development Code. 

1. In order to more effectively facilitate the review and processing of development applications, there is hereby created a development review committee.
2. The development review committee is composed of representatives from:
   1. The planning department;
   2. The engineering department;
   3. The water resource department;
   4. The fire marshal's office;
   5. The health department;
   6. The public works department;
   7. The sheriff's department;
   8. The county surveyor;
   9. Special service districts;
   10. Any other party having pertinent information, when requested by the planning director.
3. The planning director or its designee shall chair this committee. 

Any person, partnership, firm or corporation wishing to develop within the unincorporated areas of Wasatch County shall comply with the provisions of this chapter. 

The following are types of developments that are considered by this title:

1. Small Scale Development: A development consisting of no more than five (5) lots, units or equivalent residential units, which is processed through the planning staff without the necessity of having a meeting before the planning commission. Further division of any small scale development, any lots resulting from a small scale development, or any parcels resulting from a bona fide division or partition of agricultural land for agricultural purposes which have previously been created after August 11, 1965 without approval of a land use application, must be processed as a large scale development.
2. Farm Preservation Development: A development consisting of not more than five (5) lots - and including a deed restricted Farm Preservation Parcel. Farm preservation developments shall follow the same process as a small scale development.
3. Rural Preservation Development: A development consisting of not more than five (5) lots, all of which are six (6) acres or greater and include a deed restriction to remain land in agricultural uses. Rural preservation developments shall follow the same process as a small scale development.
   
4. Large Scale Development: A development consisting of more than five (5) lots, units or equivalent residential units, which must be processed by staff and brought before the Planning Commission in a public hearing.
5. Variable Lot Size Development: Variable Lot Size developments are allowed in specified areas of the RA-1 zoning district as a means of protecting agricultural operations, open spaces, unique features, or environmentally sensitive areas, as long as the overall density does not exceed the densities specified in the zone. Sensitive areas and areas worth preserving shall be incorporated into open space.
6. Minor Agricultural Subdivision: A division of at least one hundred (100) contiguous acres of agricultural land to create one new lot that is separate from the remainder of the original one hundred (100) or more contiguous acres of agricultural land, is at least one acre in size, and is located at least one thousand feet (1,000') away from another minor agricultural subdivision lot created after October 1, 2009, pursuant to Utah Code Annotated section 17-27a-605, as currently amended. For the purposes of this section and section 16.27.08 of this chapter, "agricultural land" is defined as land that is designated on the county tax roles as "greenbelt" or as agricultural use assessment under Utah Code Annotated section 59-2-501 et seq. 
7. Conservation Development: Is a development in mountainous areas that allows for the perpetual preservation of desirable open space in a qualified conservation easement by allowing lots to be clustered instead of platting the majority of the unconstrained property into private lots.

This section includes a general outline of the development review process. Additional information, including additional application requirements, may be found under the sections of the Land Use and Development Code applicable for each development type. These procedures listed herein may be modified by the Planning Director if necessary to comply with state law.

1. Pre-Application: An applicant may, but is not required to, request to meet with the Development Review Committee prior to submitting a formal application for review. These items will be presentations from an applicant in order to provide an opportunity where informal feedback can be provided on the applicant’s presented concept plan. Upon request, the planning staff will also show the applicant the County Website, where all the applicable standards and checklists for development applications are located.
2. Application: In order for a development proposal to be considered by the land use authority, the applicant shall submit a complete application form for the type of development requested and pay the appropriate application fees, along with the required plans, drawings, and any documents or other items required for the development type. The applicant bears the burden of proving compliance with all requirements associated with a development application. Regardless of application type, all development applications shall conform to the following minimum requirements:
   1. All plans shall be drawn to a scale not smaller than one inch equals one hundred feet (1" = 100'), unless otherwise approved by the Planning Director and not required by any member of the Development Review Committee, and shall include the project name and address, north point, scale, and date;
   2. All plans shall be submitted in an approved electronic format following the checklist for the applicable development type;
      
   3. The application shall include accurate contact information for the property owner(s), developer, and project design team. It is the responsibility of the applicant to keep all contact information current during the entire review and approval process;
      
   4. The person submitting an application shall be the property owner, or the application shall include a signed declaration by the property owner authorizing the applicant to submit the development application on their property;
      
   5. All open spaces and roadways are to be considered as individual parcels and treated as such;
      
   6. All drawings shall be as clean, legible, accurate and concise as possible while still providing the necessary information;
      
   7. Any resubmittals shall include a comprehensive and specific written explanation provided by the applicant in response to the DRC review comments indicating how the new submittal addresses all applicable comments provided by the Development Review Committee or the reason why the applicant is declining to make revisions. Review of resubmittals may not begin until all comments are addressed by the applicant. Resubmittals that do not address all items from the previous review will be considered incomplete;
      
   8. If a development proposal includes land that has been illegally subdivided or the property has been modified in any manner that does not comply with the requirements of this title, the development proposal must include all necessary actions to correct the illegal subdivision or modification and must include legal, corrective actions for all parcels that were part of the land prior to the illegal subdivision or modification; and
      
   9. For master plan applications, preliminary applications, or subdivision applications where a developer owns or controls more land than he or she wishes to develop immediately, a master plan application for the whole area shall be submitted, in which case the developer shall indicate the portion to be developed immediately and the portion to be held for future development.
3. Review For Completeness: The planning staff shall review the application to determine if the application is complete. This review shall not be a review as to the quality of the application, but only to determine if all required items have been provided.
   
   1. If Incomplete: If the application is found to be incomplete, the planning staff will notify the developer and advise the developer of the additional items that are necessary to make the application complete. An application that does not include all items, fees, plans, and/or studies required by the provisions of this title will not be considered for any further review and the application does not satisfy any requirements for application submittal under the provisions of Section 16.01.16. Substantive review of the application may result in subsequent findings that necessary application materials were not included.
      
   2. If Complete: If the application is found to be complete, the planning staff will notify the developer in writing of that fact, and send the item for review by the development review committee. The DRC may still require the applicant provide additional information necessary to determine or demonstrate compliance with applicable standards after an application is deemed complete.
      
4. Development Review: The planning staff shall distribute the drawings and other appropriate documents to the development review committee and any other appropriate persons or entities for review and comment on the proposal.
   1. If Approved: If all members of the DRC recommend approval or choose to take no action on the DRC review report, the item will be placed on the next available Land Use Authority agenda, if applicable.
      
   2. If Rejected: If changes are required, the item will not be advertised or placed on an agenda and the applicant will be responsible to make whatever modifications to the plans are necessary to resolve the comments raised by the development review committee and resubmit to the DRC for review. If the applicant demands the application be considered by the land use authority without resolving the comments, or if the application for only single-family dwellings, two-family dwellings, or townhomes and that are not in the Geologic Hazards Overlay Zone has gone through 4 review cycles which count, and the applicant has not requested or allowed an addition review cycle, the application will be forwarded to the land use authority for the next available meeting, though the planning staff will typically recommend denial of the application. The applicant shall be sent a notice that appeals of land use decisions are made in accordance with Wasatch County Code.
      
   3. If any such department fails to either recommend approval or give written objections to the plan within a reasonable time, the matter shall be placed on the Land Use Authority agenda, if applicable, and shall be deemed to have a recommendation for approval by such department for purposes of the staff reports. Such department head, or its representative, shall appear at the public meeting and give comments regarding the plan, which may be considered by the land use authority. Comments addressing a compelling, countervailing public interest may, in the discretion of the land use authority, be considered anytime prior to a decision by a land use authority. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived or deemed approved by failure of a reviewing department to make a written objection.
5. Placement On Agenda: After an item is determined to be complete and has been given a recommendation for approval by the various members of the development review committee, or an applicant has demanded a land use decision, the planning staff shall issue an administrative land use decision if so authorized, or shall place the matter on the agenda for appearance before the planning commission. The planning staff shall then write a report to the planning commission, taking into consideration the recommendations of the development review committee and propose any conditions necessary to satisfy any remaining DRC comments. If at any time issues are found that have not been satisfactorily addressed, the item may be pulled off the agenda, if allowed under Utah Code.
   1. If an applicant requests an item be pulled from an agenda after the item has been advertised, unless due to a request from the planning department, the applicant shall pay an additional meeting fee. Starting on the date of the applicant’s request to continue the item, the application will be placed on hold and will not continue to be processed until the additional meeting fee is paid. If the applicant fails to pay the fee and demands a land use decision or for the item to be placed on an agenda, the land use application will be summarily administratively denied by the planning department.
      
6. Administrative Land Use Committee: On the same day a staff report for the ALUC is finalized, if applicable, the report is to be provided to the chair of the ALUC, provided to the applicant, and uploaded to the Utah Public Notice Website, with a note on how to make public comments. The chair of the ALUC, at his or her discretion, is authorized to render a decision on behalf of the ALUC without the need of a public meeting for matters where a land use application has received a positive recommendation from the DRC, no one has delivered written opposition to the planning department, and an applicant has not raised any concerns with the recommendations of the staff report within seven calendar days of the date of the report. If a public meeting is determined to be necessary by the ALUC chair, the planning department shall coordinate a meeting date and time when the ALUC quorum can be present and notify the parties, provide public notice of the meeting, and maintain minutes and records of its proceedings in accordance with the requirements of state law. For items authorized for approval by the ALUC as the land use authority as outlined in 16.01.05(C), the ALUC chair or quorum of the ALUC, as applicable, shall approve, approve with conditions, or deny the application.
   
7. Planning Commission: For items requiring a planning commission hearing, the Planning Commission will hold a hearing, after proper public notice, and will allow for public comment on the matter. For items authorized for approval by the Planning Commission as the land use authority as outlined in 16.01.05(A), the Planning Commission shall approve, approve with conditions, or deny the application in a public meeting. For all items requiring legislative action, the planning commission will make a recommendation for or against approval, to the county legislative body.
8. County Legislative Body: After receipt of the recommendation of the planning commission, and performance of any conditions that are required to be completed before a hearing before the county legislative body, the planning staff shall publish any necessary notice and place the matter on the next available agenda for a public hearing before the county legislative body. The county legislative body shall hold a public hearing and solicit public comments on the matter. Unless continued to a later hearing, the county legislative body shall issue their decision on the matter. The decision may be to approve, approve with conditions, or to deny the application. If the county legislative body considers any substantial changes to the development that were not considered by the planning commission, the matter may be referred back to the planning commission to consider such substantial changes.

1. Purpose and Intent: The purpose and intent of the Conservation Development ordinance is to perpetually preserve rural landscape, sensitive natural resources, steep slope areas and other large areas of open land, while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development. Specific objectives are as follows:
   1. To maintain the rural character by preserving tracks of land containing unique and environmentally sensitive natural such as woodlands, stream corridors, wetlands, floodplains, ridge tops, steep slopes, rock outcroppings, critical species habitat, valuable perpetual open space and natural areas, identified as an asset to citizens of the County.
   2. To protect scenic views and to minimize visibility of new development from specific locations within the County.
   3. To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard regulations in order to maintain, scenic quality, and overall aesthetic value of the landscape.
   4. To increase flexibility and efficiency in the siting of services and infrastructure, by reducing street length, utility requirements, drainage requirements, and the amount of paving required for residential development, where possible.
   5. To decrease the amount of disturbance in sensitive areas by reducing or eliminating cuts and fills for roads and other infrastructure.
   6. To create groups of dwellings with direct visual and physical access to common open space.
   7. To encourage active and passive recreational use of common open space by residents of a conservation development and by the public.
   8. To reduce erosion and sedimentation by preserving existing vegetation and minimizing development on steep slopes.
   9. To create an attitude of stewardship, or caring, for the land within open space by requiring a land management, or stewardship, plan for the open space that may include grazing, but must be able to have a third party conservation easement placed on it.
   10. Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas.
   11. To provide access for emergency vehicles necessary to serve the hillside areas.
   12. To lessen the need as much as possible to protect the public from natural hazards caused by unstable slopes and soils, debris flow, erosion and other geologic hazards of hillside development.
   13. To minimize the threat and subsequent damage of wildfire through safe building practices and clustering of units on shorter streets.
   14. To protect large tracks of land from development perpetually and allow some form of public access.
2. Application and Process
   1. Master Plan application. The applicant shall apply for master plan approval and provide the information outlined in 16.27.10(A), and demonstrate compliance with all of the requirements in subsection (C) below. In addition to the requirements outlined in 16.27.10(A) the applicant shall submit a memorandum of understanding from a valid non-profit qualified conservation organization stating that the property meets the criteria with any stipulations and that the property could be considered for a Qualified Conservation Easement.
   2. After master plan approval has been granted by the council, acting as the land use authority, the subdivision shall follow the typical process outlined in 16.27.10 for preliminary and final approvals for a large scale subdivision, or the typical process outlined in 16.27.05 for a small scale subdivision, as applicable, depending on the number of lots, parcels, or ERUs being proposed in the development. The applicant shall also demonstrate requirements with subsection (C) below. A conservation Development -Application, shall conform with any applicable Master Plan. The planning director may allow minor, inconsequential changes from an approved Master Plan. If there is a question as to whether a proposed change is more than a minor, inconsequential change, the planning director or the applicant may request the application be reviewed by the County Council, who shall determine if the application is a minor, inconsequential change to the approved Master Plan, or if a new Master Plan, should be applied for prior to processing the subdivision application.
3. Allowed zones and Minimum requirements:
   
   1. A conservation development is only allowed if the legislative body approves master plan on the property that meets the intent of the code. The legislative body is encouraged to ensure the purpose statements and other code requirements for a conservation development can be met before granting the master plan approval.
   2. If a conservation development master plan is approved, as a condition of the approval the council may allow or require some unique retaining and erosion control requirements for the development. Erosion Control requirements, and their long term maintenance, must be addressed satisfactorily and the engineering department must recommend approval. Erosion and retaining requirements must be memorialized in a development agreement.
   3. Minimum buildable lot size is five (5) acres with three hundred (300') feet of frontage at the road right of way and three hundred and twenty (320') feet of width at the required setback.
   4. All property in a Conservation Development must be in the P-160 (Preservation) zone or the M (Mountain) zone.
   5. All buildable lots shall be grouped into clusters, and each cluster shall have open space on at least one side.
   6. Property that is not buildable lots, and which is not required for infrastructure, shall all be in a Qualified Conservation Easement which shall be a minimum of 75% of the overall (gross) acreage of the project.
   7. All buildable lots shall have access as required in Titles 16 and 14.
   8. The initial application for a master plan and prior to the approval of the master plan, shall include a memo of understanding from a valid non-profit conservation organization stating that the property meets the criteria with any stipulations and that the property could be considered for a Qualified Conservation Easement. If the development fails to obtain the Qualified Conservation Easement as per code, all approvals, including, the master plan, are null and void.
   9. An applicant for a Conservation Development must have a pending application with a Non-profit Conservation Organization to be the holder of a Qualified Conservation Easement as approved by the Council.
   10. Property in the Qualified Conservation Easement is intended to be valuable tracts of open space and shall not be small isolated, inaccessible remnant parcels otherwise unusable for development purposes that are not contiguous with larger open space parcels. Any historic access to property in the Qualified Conservation Easement must be maintained. Access that allows for motorized vehicles historically used for farming or ranching shall be maintained as allowed in the conservation easement including emergency access and access for the County.
   11. The fee title to the property in the Qualified Conservation Easement must be dedicated as either common area, open space or held privately and must be dedicated in accordance with 16.21.06. All costs of the Qualified Conservation Easement shall be, paid for by the developer. The Qualified Conservation Easement, shall be entered into and all conserved property that is part of the master plan shall be dedicated with the first plat recorded that includes any buildable lots.
   12. The development must include fencing in conformance with the right to farm regulations of this Title, if applicable. Open space may be used for grazing.
   13. The Qualified Conservation Easement shall, to the greatest extent possible, protect site features having particular value in the context of preserving rural character, geologic features, scenic views, drainages, wetlands, farmland and ridgelines.
   14. Buildable Lots shall be clustered such that open space is accessible to the general public, at a minimum through public trails, with the least amount of intrusion on property owners within the Conservation Development. Multiple public access points may be required depending on the size of the conservation easement area.
   15. Conservation developments shall have the term “Conservation Subdivision” in the title of the recorded plat.
   16. Any calculations used in determining density shall be rounded down.
   17. Developer shall build non-motorized trails in compliance with 16.21.18 and 16.38 and may be required to do additional trails/trailheads/ as part of the legislative approval. Trails shall; be provided in the dedicated common area/open space and connect to trails off site if available. Trails shall be open to the public and provisions in the conservation easement shall be made for additional future public trails that may be built by the County, HOA or other entity as needed. As a condition of approval the property owner(s) or HOA agrees that trails will not be closed for any reason except for safety which safety issues shall be expeditiously repaired.
   18. If the development proposal has more than one planning area, as designated in Chapter 5 of the General Plan, within its boundaries, density cannot be transferred from one planning area to another. All density must be kept within the planning area that the density is derived from.
   19. To be considered for a conservation development properties included in the application must meet the minimum acreage requirements for the underlying zone.
4. Density Procedure: Density shall be determined by the following process: Base density is determined by dividing the gross acreage of the property by the underlying zone minimum lot size requirement. Gross acreage shall be determined by a licensed surveyor and provided with the application and recorded as part of the plat. Numbers that are not whole shall be rounded down when determining density.
   
5. Deferment or modification of Road improvements: Roads in the Conservation Development and connectivity provided by the Conservation Development shall meet all standards of the Wasatch County Code, except as modified by the following standards:
   1. Outside of the development pod, roads are only required to be constructed or dedicated if determined by the legislative body to be necessary during review of the Conceptual Connectivity plan as described in 16.02.12. Reasons- connections are required include, but are not limited to:
      1. Providing historic access to any property in or out of the project,
      2. Roads that are part of a master planned road network in the General Plan or an adopted local street plan, or
      3. Connecting to a stub road on an adjacent property that either actually exists or is part of an approved development.
   2. Roads that are shown in the General Plan, and which meet the following requirements, are required to be engineered to a county standard and dedicated, but do not need to be bonded for or constructed, if all of the following criteria are met:
      1. The road would not continue to provided historic access to any property out of the project;
      2. The road does not connect to a stub road on an adjustment property;
      3. The road does not connect to a stub road shown in an approved development that has not expired on an adjacent property. The approved development may be a master plan, preliminary plan, or a final plat.
   3. Roads that only provide historic access to property in the Conservation Development that will not have buildable lots, will only be required to be improved and maintained to a county standard if the Engineering Coordinator, the Planning Director, or the Fire District determines it would be helpful for emergency access purposes. Even if the road is not required to be improved to a county standard, it is required to be maintained to the existing standard of the road.
6. Maintenance of open space: Common area, open space including property in the a Qualified Conservation Easement, shall be maintained by the HOA or other designated owner in all respects including but not limited to; weeds, fire mitigation, erosion control, trail/trailhead maintenance, grazing leases, fences etc. The property owners(s) shall be protected by UCA 57-14 to the maximum extent allowed.

1. Verification Of Compliance With Utah Code Annotated Section 17-27a-605: Prior to recording a minor agricultural subdivision in the office of the county recorder, the owner must obtain a "notice of compliance with Utah Code Annotated section 17-27a-605" from the county planning department verifying that the requirements of section 17-27a-605, as currently amended, are met. The owner must also be issued by the planning department a "notice of agricultural subdivision" to be recorded by the owner against the parent parcel. For the purposes of this section, "parent parcel" is defined as the remaining portion of the lot or parcel not including the lot at least one acre in size after the original lot or parcel is subdivided. Before the planning department issues the documents, the following must be verified by the planning department:
   1. The parent parcel has a minimum acreage of one hundred (100) acres. The owner must submit to the planning department a legal description or meets and bounds description to assist the planning department in making the determination.
   2. The minor agricultural subdivision lot is at least one acre in size. The owner must submit to the planning department a legal description or meets and bounds description to assist the planning department in making the determination.
   3. The land to be divided meets the definition of "agricultural land" under this section and section 16.27.04 of this chapter and section 16.04.02 of this title.
   4. The minor agricultural subdivision lot is not within one thousand feet (1,000') of another minor agricultural subdivision lot. The planning department shall require the owner to submit documentation showing compliance with this requirement.
   5. The land to be divided does not include land that has already been divided by a minor agricultural subdivision. The planning department shall require the owner to submit documentation showing compliance with this requirement.
2. Recording Of The Minor Agricultural Subdivision In County Recorder's Office:
   1. Once the owner has obtained the notice of compliance with Utah Code Annotated section 17-27a-605 and notice of agricultural subdivision, the owner must then deliver the following documents to the county recorder's office before the recorder's office may record the minor agricultural subdivision:
      1. A recordable deed containing the legal description of the minor agricultural subdivision lot;
      2. A notice:
         1. Indicating that the owner of the land to be divided is making a minor agricultural subdivision;
         2. Referring specifically to Utah Code Annotated section 17-27a-605, as currently amended, as the authority for making the minor agricultural subdivision; and
         3. Containing the legal description of the land to be divided, the parent parcel and the minor agricultural subdivision lot;
      3. Notice of compliance with Utah Code Annotated section 17-27a-605; and
      4. Notice of agricultural subdivision to be recorded against the parent parcel and the minor agricultural subdivision lot;
   2. Once the documents listed in subsection B1 of this section are received, the county recorder shall record in the county records the minor agricultural subdivision, as well as the notice of minor agricultural subdivision against the parent parcel.
3. Enforcement Of Health, Safety And Access Standards: The county legislative body has determined that the requirements in this subsection are reasonable health, safety and access standards allowed under Utah Code Annotated section 17-27a-605, as currently amended. Before a building permit is issued for a minor agricultural subdivision lot, the county planning department must verify that the following reasonable health, safety and access standards are met:
   1. Single-Family Residence: Only single-family residences shall be allowed on a minor agricultural subdivision lot.
   2. Setbacks: The applicant must submit a site plan, showing the location of the proposed building lot in relation to parcel boundaries prepared by a surveyor licensed in Utah, to ensure that the building meets section 16.21.07 of this title.
   3. Building Height: The proposed single-family residence must meet the requirements of section 16.21.11 of this title. The applicant must submit a cross section of the proposed building showing building height from natural grade.
   4. Access: The applicant must submit evidence of permanent legal access that runs with the land to the minor agricultural subdivision lot that complies with the fire access requirements in the international fire code as currently adopted by Wasatch County.
   5. Slopes: If the proposed structure is on a hillside, it must be in compliance with sections 16.27.18 and 16.27.25 of this chapter.
   6. Water: The applicant must submit proof of purchase of culinary water or proof of an approved water right from the Utah division of water rights, for a private water well.
   7. Ridgelines: Each minor agricultural subdivision must comply with section 16.27.21 of this chapter or other county ordinances pertaining to ridgelines.
   8. Health Department Regulations: The applicant must submit proof of approval of the minor agricultural subdivision by the Wasatch County health department. At a minimum, applicant must show approval of a wastewater permit.
   9. Each agricultural subdivision lot must comply with the international wildland urban interface code as adopted by Wasatch County. 

1. Intent: The intent of the farm preservation subdivision is to encourage the continuance of viable farming operations by allowing parcels to be split off of larger farm pieces and allow development with standards that are not as strict as a standard development. By allowing a lesser standard, the intent is to allow the opportunity for agricultural producers to age in place by allowing family members an affordable parcel so they can afford to live close to the farm and provide additional labor and provide the opportunity for raising of money to continue an agricultural pursuit.
2. Definitions: For purposes of this Subsection, the following definitions apply.
   
   1. Farm Preservation Parcel: A parcel that is part of a farm preservation subdivision, that is protected from any use or development besides agricultural pursuits, as further described below.
      
   2. Building Lot: A lot that includes a Building Right.
      
   3. Building right: The right to build a structure that is not solely for agricultural use. UCA 15A-1-204 (2021, as amended).
      
3. Requirements for any farm preservation subdivision:
   1. All of the property must be in an RA-5 or RA-1 zoning district except that a Farm Preservation Parcel may be allowed to be in the P-160 zone as provided in subsection C(3)(a).
   2. Farm preservation subdivisions shall be processed as a small scale development under the provisions of section 16.27.07 and cannot contain more than a total of five (5) lots, plus a Farm Preservation Parcel.
   3. In addition to the property allocated for building lots, a Farm Preservation Parcel shall be included within the subdivision at a size of no less than four acres of preservation parcel for every building lot proposed in the subdivision. The Farm Preservation Parcel shall be a separate parcel without a building right and labeled on the plat as “farm preservation parcel exclusively for agricultural pursuits.” In no instance shall the density of the subdivision be less than five (5) acres per one (1) unit.
      
      1. As an exception to the requirement for all property to be within an RA zoning district, the Farm Preservation Parcel may be allowed to include property in the P-160 zone with the following additional requirements:
         
         1. Any portion of the property zoned P-160 shall be required to provide no less than forty acres of preservation parcel for every building lot proposed in the farm preservation subdivision (i.e. Where a proposed three lot subdivision requires 12 acres of Preservation Parcel exclusively in an RA zone and the applicant desires to use exclusively P-160 zoned property to meet this requirement, the requirement would be 120 acres of Preservation Parcel in P-160 zoned property in addition to the three lots in the RA zone).
            
         2. The exception is for the Farm Preservation Parcel only. All lots with a building right within the subdivision must still be entirely within an RA zone.
            
         3. The deed restriction required under subsection 8 shall be placed in perpetuity, as opposed to expiring after a 10 year period, and shall provide an additional deed restriction holder. The restriction shall be granted in favor of Wasatch County and an adjacent municipality as agreed to by the County, the municipality, and the applicant. In the alternative to the restriction being held by the county and a municipality, a conservation easement may be recorded that meets all requirements for a qualified conservation contribution under IRS 170(h), provided the conservation easement is recorded at the time the subdivision plat is recorded.
            
   4. All building lots shall be at least one acre in size and must have a minimum of one hundred fifty feet (150') of frontage and one hundred fifty feet (150') of width at the required building setback.
   5. All roads must meet the road standards required for the traffic volume except that the agricultural standard may also be used in the RA-1 zoning district with the approval of the County Engineer.
   6. If the development is not within 300 feet of a public sewer line, homes may be on septic tanks as long as the density of the development does not exceed one septic tank for every five (5) acres (gross acreage).
   7. Wells will be permitted for properties farther than three hundred (300') feet from a public water line if approved by the water board.
   8. A deed restriction in favor of Wasatch County must be recorded on the Farm Preservation Parcel requiring the parcel to remain land in agricultural use as the term is defined in Utah Code 59-2-502 (2023), and not allowing further subdivision for a period of ten (10) years.
   9. A plat must be recorded with "farm preservation subdivision", in the title and a plat note that lots cannot be further subdivided except as provided in Wasatch County Code 16.27.09 (2020).
      
   10. All property in the Farm Preservation Subdivision must be contiguous with the exception of property that is separated by only a right of way or a utility corridor.
   11. If the Farm Preservation Parcel in the RA-1 or RA-5 zone, as opposed to the P-160 zone, is proposed to be further subdivided, all lots, including existing smaller lots in the original farm preservation subdivision, or any amendments thereto, must tie onto sewer and water and be brought into full compliance with then current county codes without the exceptions granted through the farm preservation subdivision including, but not limited to lot sizes and dimensions, density, engineering, utility, and street/block standards. In such instances, the proposed development shall be processed as a large scale development. These restrictions shall be noted as a plat note.
       
        
       
       **Scrivener's Error: In Ordinance 23-14 paragraph (C)(1) references (C)(4)(a) but should reference as (C)(3)(a).

Development of six (6) or more parcels, lots, or ERUs, in addition to any development that is not otherwise provided for in this title shall be processed as a large scale development. In order to develop a large scale development, the developer must go through the following procedure:

1. Master Plan, Physical Constraints, and Density Determination: For large scale developments in the JBOZ, NVOZ, and JSPA, the Developer shall be required to submit a complete Master Plan, Physical Constraints, and Density Determination application in compliance with Section 16.27.05(A) of this title. For large or small scale Conservation Developments, the Master Plan application requirements in this section is required and shall be submitted in accordance with this section and include all applicable information including the constraints on the proposed prevention property however, density shall be determined in accordance with 16.27.06.5(D). For JBOZ, NVOZ, and JSPA density shall be established by determining physical and infrastructure constraints (see section 16.27.25 of this chapter) of the site and coming up with a feasible number of buildable lots and/or units. Any density established by the zoning ordinance shall be specific to the application approved by the Wasatch County Council. An approved master plan, density determination, or physical constraints analysis may not be amended or revised, but instead a new master plan, density determination, or physical constraints analysis application shall be made. In addition to the requirements of Section 16.27.05(A), a Master Plan, Physical Constraints, and Density Determination application shall also include the following exhibits:
   1. Exhibit 1 - Cover Sheet that includes the following:
      1. The name and address of development;
      2. Contact information for the developer's project design team;
      3. Location of entire development in relation to surrounding neighborhoods and developments (include name of adjacent subdivisions and development, adjacent property owner's names and addresses, and adjacent land uses and buildings); 
      4. Legal description of the property; and
      5. Sheet index.
   2. Exhibit 2 - Boundary Map, including:
      1. Name and ownership of the property or properties,
      2. Acreage of the property or properties,
      3. Boundary of the property or properties with dimensions,
      4. Existing land use of all properties within 500 feet of project boundaries,
   3. Exhibit 3 - Constraints Documentation, including:
      
      1. Existing topography with a contour interval of two feet (2')
         
      2. Map identifying physical constraints as found in 16.27.25
         
      3. Net developable acreage calculation. This is the total land area of the property or properties less any area currently designated as sensitive lands as defined in 16.27.25. If future action is to be taken to modify or mitigate these constraints, this map should be updated to reflect any changes.
         
      4. Viewshed analysis as outlined in 16.27.22.
      5. Wildlife migration corridors
   4. Exhibit 4 - Preliminary Geological and Geo-Technical Report, performed by licensed geologists and geotechnical engineers, identifying the general soils conditions and evaluating the suitability of the site for development as proposed within the Master Plan area;
      
   5. Exhibit 5 - Utility Provider Letters including:
      
      1. Water and Sewer Feasibility letter from the SSD, if applicable, and water action report by the water board.
         
      2. Will serve letters from electric, communication and natural gas service providers.
   6. Exhibit 6 - Preliminary Grading and Storm Drain Plans:
      1. Preliminary Grading Plan demonstrating feasibility of access and general development locations.
      2. Preliminary Drainage plans in compliance with Chapter 16.40, "Appendix 5, Storm Drainage And Erosion Control, Site Development", of this title.
         
   7. Exhibit 7- Land Use Intensity Plan, including:
      
      1. An overall site plan identifying boundaries for the various proposed uses within the applicable land use areas, community level open space features, existing and new utility easements and primary streets.
         
      2. Summary Tabulation of all aspects of the project including the gross acreage of the land use areas, the gross acres of developable land by land use type, the gross acres of open space, total improved open space acreage, and total acreage assigned to streets.
         
      3. Density expressed in ERUs based upon the net developable acreage in compliance with each land use area and including the number of housing units by type with the number of bedrooms and square footage.
         
      4. Proposed Phasing Plan.
         
   8. Exhibit 8 - Primary Circulation Plan, including:
      1. Existing, new, and modified access easements, streets, rights of ways, and intersections, including identification of public or private.
         
      2. Street cross-section assemblies for new and modified existing streets within the Master Planned area. Must comply with the applicable road cross-sections adopted in Title 14 of the Wasatch County Code.
         
      3. Conceptual Connectivity Plan in compliance with 16.02.12(A).
         
      4. Neighborhood trail network that complies with the adopted Wasatch County Trails Master Plan and 16.21.18,
      5. Parking plan addressing the quantities of parking required per 16.33.13, aggregated by land use.
         
      6. Snow Storage Plan.
         
      7. Potential Transit opportunities.
         
      8. Proof of Access that meets county standards which shall be demonstrated through ownership, establishment of public access, written agreements and/or road judgments from a court of competent jurisdiction. If a project does not have access that meets the county code, or adversely affects other property's existing access, it shall not receive approval.
   9. Exhibit 9 - Traffic Impact Study, including:
      
      1. An overall transportation plan showing connections within development areas, between development areas, to existing roads and to adjacent properties.
         
      2. Compliance with second access requirements for the project as outlined in 16.27.31
         
      3. Existing and proposed traffic counts by ADT for existing, proposed and adjacent streets
         
      4. Proposed road improvements to mitigate traffic and safety impacts identified in Traffic Impact Study
   10. Exhibit 10 - Open Space Plan, including:
       
       1. Intended use of community wide open spaces,
          
       2. Overall open space plan showing connections into open space areas
   11. Exhibit 11 - Architectural Standards, including:
       
       1. Precedent imagery/sketches of proposed style, form, material, and color for all proposed product types; demonstrating compliance with applicable requirements found in Title 16.
   12. Exhibit 12 - Master Plan Development Agreement in Microsoft Word format using the County provided form development agreement; or equivalent;
   13. Exhibit 13 – Moderate Income Housing Report as required under Section 16.30.03, a draft Moderate Income Agreement, or a request for permission to pay the Fee in Lieu with final plat recording; and
       
   14. Any additional information which the DRC, the county staff, planning commission, and/or legislative body may reasonably require in a specific instance.
       
2. Phased Preliminary Plan:
   
   1. Due to long development periods, changing market conditions and community needs, developments that have received master plan approval, containing over 500 acres or over 1,000 ERUs may apply for a phased preliminary plan allowing for smaller portions of the entire large scale development to submit a preliminary application. The county legislative body may approve the phased preliminary plan application if the following elements are established by the applicant:
      
      1. A general road plan for the large scale development in conformance with the master plan showing grades and intersections that comply with the code;
         
      2. A phasing plan showing the proposed phases and anticipated order for preliminary applications overlaid on the approved master plan layout;
         
      3. An infrastructure plan showing the anticipated utility needs of the entire large scale development, and by proposed phases, demonstrating that the entire large scale development can be developed in accordance with the approved master plan and demonstrating that the infrastructure may be installed so that future phases can be completed without material disruption of previously completed phases (this infrastructure plan is intended to be a conceptual design only showing feasibility);
         
      4. The proposed phases must be for more than 30 ERUs, or must have more than 20,000 square feet of anticipated commercial space, or must be for a substantial amenity, or must be for an area of over 100 acres;
         
      5. The phases preliminary plan application must demonstrate that project amenities, any required moderate income housing, landscaping, and open space will be completed in a timely manner for those portions of the development that will use them;
         
      6. The proposed phasing plan must go through DRC;
         
      7. Any additional information pertaining to the phased preliminary plan application that the county may reasonably require;
         
      8. Reasonable time restrictions may be required for implementation of phased preliminary plan applications; and
         
      9. The county legislative body may place any conditions on the approval necessary to ensure the orderly development of the large scale development consistent with the approved master plan.
         
   2. Once a phased preliminary plan application has been approved for a large scale development, the applicant must submit a preliminary application with respect to each phase in the order shown in the plan, meeting the large scale development preliminary application requirements in 16.27.10(C). In addition, the preliminary application for each phase shall demonstrate compliance with the following elements;
      
      1. The proposed phase must meet the requirements of the phased preliminary plan approval;
         
      2. Typically, each phase applied for must be in the order shown in the phasing plan. If the developer submits a preliminary application for a phase that is out of order or otherwise does not comply with the phasing plan, an application for an amended phasing plan will be submitted with the preliminary application. The amended phasing plan must comply with the requirements for an original phasing plan, but may be approved concurrently with the preliminary application;
         
      3. A layout must be provided which shows the phase overlaid on the approved master plan layout, and showing any phases that have already received preliminary approval, and future phases;
         
      4. A master homeowner's association must be established for the whole project area, which master homeowner's association is, at a minimum, responsible for maintenance of all amenities and infrastructure common to the entire large scale development; individual phases may also be included in and subject to additional homeowner's associations so long as all properties are included in the respective homeowner's association that is responsible to maintain any infrastructure or amenities primarily built for those properties;
         
      5. The preliminary application must demonstrate that project amenities, any required moderate income housing, landscaping, trails and open space will be installed in a manner that assures these will be completed prior or with those businesses or residences that will primarily utilize them or are contiguous to them and will be constructed in a logical order;
         
      6. The phase must provide roads for such phase, together with adequate right-of-way for any planned expansion of such roadway for future phases; previously unimproved roads or portion of roads located in previously developed phases that are required in order to meet the traffic demand created by a proposed phase shall be completed prior to or contemporaneously with the improvements installed in the proposed phase;
         
      7. Each phase must go through DRC;
         
      8. The phase must provide for utilities for the current phase, and ensure that applicable infrastructure is installed so that future phases may be completed without material disruption of the phase once completed;
         
      9. If any infrastructure or amenities required to be installed in a previously approved phase have not been installed at the time of the application for the new phase, and such infrastructure or amenities are necessary for the new phase, then approval of the new phase shall not be granted until the infrastructure or amenities required in the previously approved phase are either installed or the county has received a performance bond pursuant to Wasatch County Code 16.27.21 with respect to the completion of such infrastructure or amenities; and
         
      10. Any additional information pertaining to the preliminary application for the phase that the DRC or the county may reasonably require.
3. Preliminary Approval: Prior to the expiration of Master Plan and Density Determination approval, or for large scale developments where Master Plan is not required, the developer must submit a complete preliminary application. Preliminary approvals shall be for the entire property unless approved as a phased preliminary plan. The preliminary application shall conform with any applicable Master Plan, Density Determination, and Physical Constraints approval. The planning director may allow minor, inconsequential changes from an approved Master Plan, Density Determination, and Physical Constraints approval. If there is a question as to whether a proposed change is more than a minor, inconsequential change, the planning director or the applicant may request the application be reviewed by the County Council, who shall determine if the application is a minor, inconsequential change to the approved Master Plan, Density Determination, and Physical Constraints Approval, or if a new Master Plan, Physical Constraints, and Density Determination application should be applied for prior to processing the application. In addition to the requirements of Section 16.27.05(A), the application for preliminary large scale development shall also include the following plans and documents that shall be prepared in accordance with Wasatch County standards, and shall be submitted in accordance with the requirements of this title, or any amendment thereto:
   
   1. Exhibit 1 - Cover Sheet that includes the following:
      
      1. The name and address of development;
         
      2. Contact information for the developer's project design team;
         
      3. Location of entire development in relation to surrounding neighborhoods and developments (include name of adjacent subdivisions and development, adjacent property owner's names and addresses, and adjacent land uses and buildings):
         
      4. Legal description of the property;
         
      5. Summary Tabulation of all aspects of the project, including total acreage, projected ERUs, as described in the plan, number of housing units by type with the number of bedrooms, parking stalls provided, building and unit square footage, building footprint square footage, open space acreage and percentage, landscape acreage and percentage, hard surface acreage and percentage; and
         
      6. Sheet Index and General Conditions.
         
   2. Exhibit 2 - Electronic versions, in PDF and DWG format, of all pages of the proposed plat meeting the standards outlined in section 16.27.12 and, if applicable, a copy of the record of survey filed with the Wasatch County surveyors office.
      
   3. Exhibit 3 - Site plan showing general building locations, existing and proposed lot lines, easements, walkways, streets and right-of-way (public and private), parking areas and calculations trails, fencing, proposed dedications of public use areas, etc.;
      
      1. Exhibit 3A - Conceptual Connectivity Plan in compliance with 16.02.12(A).
         
   4. Exhibit 4 - All proposed phases of the development, if applicable, with approximate timetable for development.
      
   5. Exhibit 5 - Physical Constraints Analysis as defined in 16.27.25;
      
      1. Exhibit 5a - Viewshed Analysis as outlined in 16.27.22.
   6. Exhibit 6 - Preliminary Architectural Drawings, if applicable, including:
      
      1. Unit configuration footprints and typical architectural elevations;
         
      2. Location and elevation drawings of existing and proposed accessory buildings, signs, dumpster and utility enclosures, fences and other structures.
         
   7. Exhibit 7 - Primary Circulation Plan, including:
      
      1. Existing, new, and modified streets, easements, rights of ways and intersections, including identification of public or private;
         
      2. Street cross-section assemblies for new and modified existing streets within the development area. Must comply with appicable road cross-sections in Title 14 of the Wasatch County Code;
         
      3. Conceptual Connectivity Plan in compliance with 16.02.12(A);
         
      4. Neighborhood trail network that complies with the adopted Wasatch County Trails Master Plan and 16.21.18;
         
      5. Parking, access and loading plan, addressing the quantities of parking required per 16.33.13 and including required bus pullouts and/or other proposed mass transit plans;
         
      6. Snow Storage Plan; and
         
      7. Proof of Access that meets county standards which shall be demonstrated through ownership, establishment of public access, written agreements and/or road judgments from a court of competent jurisdiction. If a project does not have access that meets the county code, or takes away access to adjacent properties, it shall not receive approval.
         
   8. Exhibit 8 - Grading plans illustrating cut and fill limits, limits of disturbance, and including existing and proposed topographic lines with a contour interval of two feet (2');
      
   9. Exhibit 9 - Preliminary Drainage plans illustrating that the development as planned does not impose adverse impacts to the drainage system or increase the sediment contribution to receiving waters. The drainage plan will illustrate methods of controlling runoff, directing flow and detaining or retaining water. Methods in preparing the necessary items to be contained in the drainage plan are described in "A Guide For Erosion And Sediment Control For Wasatch County";
      
      1. Exhibit 9a - Preliminary Drainage Report.
         
   10. Exhibit 10 - Soils testing and geotechnical analysis as required by this title;
       
   11. Exhibit 11 - Utility Plans showing existing and proposed infrastructure, including all fire hydrants, water and sewer lines, storm sewer system, and all utilities, including, but not limited to, electricity, natural gas, telephone and cable television;
       
   12. Exhibit 12 - A landscaping plan illustrating evergreen/deciduous plant massing, typical planting materials, calculation of the amount of water that will be needed on the land for landscaping purposes, and outlining a plan for revegetation areas such as cuts, fills, detention areas or otherwise disturbed areas, etc;
       
   13. Exhibit 13 - Will serve letters from irrigation companies or provider of outside irrigation, gas company, electric company, communication providers, solid waste services and any applicable Special Service District. Such letters should indicate terms and conditions of service and impacts to the companies facilities;
       
   14. Exhibit 14 - Action Report from County Water Board confirming feasibility and that adequate water shares have been provided by the Developer;
       
   15. Exhibit 15 - Reference to the recorded Master Plan Development Agreement or equivalent, or a Draft Development Agreement in Microsoft Word format if one has not yet been recorded on the project, or a Section 16.27.23(A) authorized equivalent;
       
   16. Exhibit 16 - If applicable, a written response from the applicant demonstrating how each condition of previous approvals either has been or will be satisfied;
       
   17. Exhibit 17 - Moderate Income Housing Report as required under Section 16.30.03, a draft Moderate Income Agreement, a request for permission to pay the Fee in Lieu with final plat recording, or only if the legislative body has approved a method of meeting the Moderate Housing requirements of a project, the minutes and staff report showing how the Moderate Income Housing been has addressed; and
       
   18. Any additional information which the county staff, planning commission and/or legislative body may reasonably require in a specific instance.
       
4. Final Subdivision Approval: Prior to the expiration of the preliminary approval, the developer shall submit a complete application for final approval prior to the expiration of the preliminary approval. The final plans must conform to the preliminary plans and any conditions for preliminary approval. The planning director may allow minor, inconsequential changes from an approved preliminary application. If there is a question as to whether a proposed change from the approved preliminary application is more than minor, inconsequential change, the planning director or the applicant can request the final application be reviewed by the County Council, who shall solely determine if the final application is a minor, inconsequential change from the preliminary approval, or if a new preliminary application should be approved before the final application is considered further. In addition to the requirements of Section 16.27.05(A), the application for final large scale development shall also include the following plans and documents that shall be prepared in accordance with Wasatch County standards, and shall be submitted in accordance with the requirements of this title, or any amendment thereto:
   1. Exhibit 1 - Cover Sheet that includes the following:
      
      1. The name and address of the development;
         
      2. Development phase number, if a phased project;
         
      3. Contact information for the developer's project design team;
         
      4. Location of entire development in relation to surrounding neighborhoods and developments (include name of adjacent subdivisions and development, adjacent property owner's names and addresses, and adjacent land uses and buildings);
         
      5. Legal description of the property;
         
      6. Summary Tabulation of all aspects of the project, including total acreage, projected ERUs, as described in the plan, number of housing units by type with the number of bedrooms, parking stalls provided, building and unit square footage, building footprint square footage, open space acreage and percentage, landscape acreage and percentage, hard surface acreage and percentage; and
         
      7. Sheet Index and General Conditions.
         
   2. Exhibit 2 - Electronic versions, in PDF and DWG format, of all pages of the proposed plat meeting the standards outlined in section 16.27.12 and, if applicable, a copy of the record of survey filed with the Wasatch County surveyors office;
      
   3. Exhibit 3 - Conceptual Connectivity Plan in compliance with 16.02.12(A).
      
   4. Exhibit 4 - Physical Constraints Analysis as defined in 16.27.25;
      
      1. Exhibit 4a - Viewshed analysis as outlined in 16.27.22.
         
   5. Exhibit 5 - Final grading plans illustrating cut and fill limits, limits of disturbance, and including existing and proposed topographic lines with a contour interval of two feet (2');
      
   6. Exhibit 6 - Final Drainage plans illustrating that the development as planned does not impose adverse impacts to the drainage system or increase the sediment contribution to receiving waters. The drainage plan will illustrate methods of controlling runoff, directing flow and detaining or retaining water. Methods in preparing the necessary items to be contained in the drainage plan are described in "A Guide For Erosion And Sediment Control For Wasatch County".
      
      1. Exhibit 8a - Final Drainage Report.
         
   7. Exhibit 7 - Storm Water Pollution Prevention Plan;
      
   8. Exhibit 8 - Soils testing and geotechnical analysis as required by this title;
      
   9. Exhibit 9 - Final construction drawings, including details, for existing and proposed utility infrastructure, including all fire hydrants, water and sewer lines, storm sewer system, and all utilities, including, but not limited to, electricity, natural gas, telephone and cable television:
      
   10. Exhibit 10 - Plan and Profile drawings showing proposed layout and identification of all public and private streets and trails, including profiles and cross sections, at an interval of one hundred feet (100') or as determined by the county planner;
       
   11. Exhibit 11 - Lighting and signage plan, including details;
       
   12. Exhibit 12 - Landscape and Irrigation plans including:
       
       1. A landscaping plan including planting materials and quantities and a plan for revegetation areas such as cuts, fills, detention areas or otherwise disturbed areas;
          
       2. An irrigation plan including a calculation of the amount of water that will be needed on the land for landscaping purposes.
          
   13. Exhibit 13 - Will serve letters from irrigation companies or provider of outside irrigation, gas company, electric company, communication company and any applicable Special Service District. Such letters should indicate terms and conditions of service and impacts to the companies facilities;
       
   14. Exhibit 14 - Action Report from County Water Board confirming feasibility and that adequate water shares have been provided by the Developer;
   15. Exhibit 15 - Itemized estimates of the cost of constructing all required improvements to planning commission and legislative body pertaining to the source or sources of the construction funds;
   16. Exhibit 16 - Third Party Approvals (if applicable):
       1. UDOT approval for access to state roads;
          
       2. Approval of army corps of engineers in probable or actual wetlands or high water table areas;
          
       3. Approvals of power, gas, and communication companies where easements are proposed and service is required;
          
       4. Approval from Unites States Postal service identifying location and means of mail delivery services;
          
       5. Approvals of applicable state or other agency concerning environmental and wildlife impacts; and
          
       6. Any other third party approvals reasonably deemed necessary by the Planning Department.
          
   17. Exhibit 17 – Reference to the development agreement or equivalent that has been recorded on the Project. If a condition of preliminary approval or master plan approval included a development agreement, the development agreement shall be recorded prior to a final application being processed and/or going to the land use authority. If a development agreement or equivalent has not previously been required, a form development agreement or equivalent in Microsoft Word format shall be approved and recorded prior to a final plat being recorded;
   18. Exhibit 18 – If applicable, a written response from the applicant demonstrating how each condition of previous approvals either has been or will be satisfied;
   19. Exhibit 19 - A Moderate Income Agreement, a request for permission to pay the Fee in Lieu with final plat recording, or only if the legislative body has approved a method of meeting the Moderate Housing requirements of a project, the minutes and staff report showing how the Moderate Income Housing has been addressed; and
       
   20. Any additional information which the DRC, county staff, planning commission and/or legislative body may reasonably require in a specific instance.
       
5. Final Site Plan Approval: For projects requiring site plan approval, the developer shall submit a complete application for final site plan approval prior to the expiration of any previous approval for the development. This application can be made following final subdivision approval, or concurrently with the application for final subdivision. In addition to the requirements listed for final subdivision under paragraph (D) above, a site plan application shall also include:
   1. Exhibit SP1 - Site Plan showing final building locations, existing and proposed lot lines, easements, walkways, streets and rights-of-way (public and private), parking areas and calculations, trails, fencing, proposed dedications of public use areas, etc.; and
      
   2. Exhibit SP2 - Architectural Drawings including:
      
      1. Architectural elevations;
         
      2. Floorplans;
         
      3. Location and elevation drawings of existing and proposed accessory buildings, signs, dumpster and utility enclosures, fences and other structures; and
         
      4. Materials and colors.
         
6. Plat Recordation: After receiving final approval, but prior to expiration thereof, the developer shall submit the final mylar plat in accordance with Section 16.27.12 of this title and all necessary final documents including the final version of the plat on disk in AutoCAD format, bonds, fees, moderate income housing agreement if applicable, fee-in-lieu if applicable, or development agreement or a Section 16.27.23(A) authorized equivalent, which have been signed and notarized by the owner, lienholder and surveyor, as necessary, to the planning department for processing. An inspection will be performed by the county surveyor's office to verify compliance. The planning department will obtain any signatures necessary from any county department or special service district. After all necessary signatures have been obtained and any outstanding fees and bonds have been paid by the developer, the planning department shall take the plat and documents to the county recorder for recording. All recording fees shall be paid by the developer.

Before any subdivision plat may be recorded or any other development activity approved, the developer must demonstrate, to the satisfaction of the County, that the developer owns sufficient culinary and irrigation water rights to service the proposed subdivision or development activity, including any agricultural use intended, in accordance with Wasatch County Code Title 10 and in compliance with the following:

1. Lots less than five (5) acres per dwelling must be connected to a public sewer system unless otherwise specifically allowed in this Title.
   
2. Each dwelling shall be considered a full time residence for purposes of sewer and water requirements.
   
3. All lots must prove sufficient water to irrigate any land, which has been historically irrigated. An appropriate reduction of acreage may be given for: a) water which is converted to provide culinary water service for the dwelling; and b) certain surface areas that do not require irrigation and that may be created in association with the development of the land. These areas include, but are not limited to, building pads, sidewalks, roadways, driveways and parking areas.
   
4. Typically, each dwelling must have sufficient water for outside irrigation to provide water for a minimum of one-fourth (0.25) acre of landscaped area, plus any water required for irrigation of any agricultural use intended. The amount of water required for outside irrigation will be determined by the Wasatch County water board with jurisdiction over the property, based upon the needs of the property after taking into consideration the existing irrigation patterns and any landscaping or agricultural pans of the owner. The water board will also be guided by the policies of the irrigation company involved, as well as the state engineer.
   
5. The water requirements for multi-family or non-residential uses will be determined by the water board having jurisdiction over the property. Landscape and irrigation will be required for the entire parcel not covered by buildings or pavement.
   
6. No use shall be permitted unless it is shown that there is an adequate supply of and immediate access to water for fire protection as determined by the fire marshal.
   
7. When an approved culinary water or sewer system is not available, no building permit shall be issued until the proposed plan for sewage disposal and the proposed source of water supply has been approved by the Wasatch County health department.
   

A final plat shall be prepared for all developments. Each plat shall consist of a sheet of approved mylar having outside or rim line dimensions of twenty four inches by thirty six inches (24" x 36"). The border line of the plat shall be drawn in heavy lines, leaving a margin of at least one and one-half inches (1¹/₂") on the left hand side of the sheet for binding, and at least one-half (¹/₂) on the other three (3) sides of the sheet. The plat shall be so drawn that the top of the sheet is either the north or east, whichever accommodates the drawings best. All lines, dimensions and markings shall be made on the mylar with approved waterproof black "India drawing ink", or equivalent. Font size shall be 10-point or larger. The actual map shall be drawn to a scale within the range of one inch equals ten feet (1" = 10'), to one inch equals one hundred feet (1" = 100'), unless approved otherwise by the planning department. Details and the workmanship on finished drawings shall be neat, clean-cut and readable. A poorly drawn or illegible plat is sufficient cause for rejection. The final plat(s) shall contain the following information:

1. Subdivision name (72-point font or larger) and the general location of the development placed at the top and center of the page;
2. A north point and scale on the drawing and the date;
3. Accurately drawn boundaries, showing the proper bearings and division, properly tied into state plane coordinates and tied to no less than two (2) known section monuments. These lines should be heavier than street and lot lines to clearly define said development boundaries.
4. Also provided with the plat shall be a closure sheet of the subdivision boundary as well as for each lot within the subdivision;
5. The names, widths, lengths, bearings and curve data on centerlines of all streets, alleys, trails or easements; also the boundaries, bearings and dimensions of all parcels within the development, as intended to be dedicated to the use of the public or common ownership by the development property owners; the lines, dimensions, bearings and numbers of all lots and other parcels reserved for any reason within the development.
   1. All lots and parcels shall be numbered consecutively under a definite system.
   2. All streets and trails shall be labeled as public or private, and streets shall be named or numbered in accordance with the street naming and numbering system of the county;
6. The location of existing watercourses (including irrigation and piping);
7. The location of all required monuments;
8. The description and locations of all monuments set and established by the county or the United States government that are adjacent or near to the proposed development;
9. Addresses as assigned by the GIS department;
10. A notice of potentially harmful conditions where such conditions exist;
11. Front public utility easements: A fifteen-foot (15’) public utility easement except where the zoning has less than a thirty-foot (30’) building setback, in which case, the front public utility easement shall be ten feet (10’). If the development includes a village center or commercial use, the county planner, in coordination with the development review committee, shall identify the appropriate location for the public utility easement;
12. Side and rear yard public utility easements: A ten foot (10') public utility easement. If the development includes a village center or commercial use, the county planner, in coordination with the development review committee, shall identify the appropriate location for the public utility easement;
13. Owner's dedications which shall contain the following elements, if applicable:
    1. The owner shall dedicate and convey to the owners of the lots in all phases of the development all open space, common areas, private trails, private roads, and any other property labeled on the plat as common;
       
    2. The owner shall dedicate all property labelled on the plat as public to the public, and all utility easements to the public for use of utility companies as allowed by Wasatch County;
       
    3. The owner shall dedicate to Wasatch County, or such other entity as has been approved by the County Council, an open easement in all open space, which shall typically contain the following elements: the owner hereby grants Wasatch County an open space easement in all property shown on this plat as open space. No structure or other development shall be permitted on the open space except as approved by the Wasatch County legislative body. Open space will be labeled as common area, though plat notes shall indicate the required open space easement, unless otherwise approved under Section 16.21.06.
       
14. Lienholder's consent, if applicable;
    
15. Owner's surveyor's certificate of accuracy of survey;
16. County surveyor's approval;
17. Planning commission approval, if applicable;
18. Special service district approval, if applicable;
19. County manager's approval of the plat and the acceptance of dedications of public lands, streets and easements;
20. County fire marshal's approval;
21. County attorney's approval as to form;
22. Health department approval;
23. Public works approval;
24. County planning office approval;
25. Wasatch County water board;
26. Engineering department approval;
27. Notary public's acknowledgement for each owner's dedication.
28. A two-inch by three-inch (2" x 3") space at the bottom right hand corner for the Wasatch County Recorder.

1. The processing of plats for condominium developments shall follow the procedures set forth in this chapter.
2. A registered architect or engineer shall certify the final condominium plat.
3. Conversion Of Conventional Apartment Developments:
   1. Preliminary plats shall show the following, in addition to all information required by the department checklist for site plans:
      1. Firewall construction, as required by the international fire code and the adopted building code;
      2. Additional parking, if required;
      3. Additional open space, if required;
      4. Location of individual utility lines and meters, if required; and
      5. Additional exits.
   2. Final plats shall show:
      1. All buildings;
      2. Private drives and parking areas;
      3. Required assessments;
      4. Designation of commonly owned property;
      5. Necessary dedication statement;
      6. Statement concerning the formation of a homeowners' association for the maintenance of the commonly owned property; and
      7. Necessary certifications and approvals.
   3. New developments:
      1. Preliminary plat shall show all of the information required by the planning department's site plan checklist;
      2. Final plats shall show all of the information required in this chapter;
      3. Building permits shall be issued in accordance with final approved plats; and
      4. Final plats to be approved by the county manager and recorded. 

Lots in a development that have not received final approval according to the requirements contained in this title, may not be sold, advertised for sale or offered for sale in any manner until after the plat has been recorded. 

1. A grading or subdivision construction permit shall not be issued for any on-site work of a proposed development, until such a time as the land use authority shall grant final approval for the development.
2. Prior to commencing any construction work within a platted/recorded subdivision or development, an engineered plan shall be submitted for review and approval by the engineering, planning or other Wasatch County departments that are responsible for approving developments in the county.

1. Lot lines shall generally be perpendicular with the street and run radially away from the street. Odd shaped lots will not be allowed except that the land use authority may allow lot lines to follow natural features such as ridgelines or stream channels so long as all other dimensional requirements are being met.
2. Flag lots are not permitted, but may be approved at the discretion of the land use authority as part of a development if the following standards are met (see section 16.37.01, of this title for flag lot example):
   1. Flag lots shall have a minimum of fifty feet (50') of frontage on a road built to county standards.
      
   2. The acreage contained within the "flag" portion of the lot must meet the minimum lot size requirements without considering the acreage contained within the "pole" area.
      
   3. The length of the "pole" area may not exceed two hundred fifty feet (250'), and may require special conditions relating to fire safety, including special fire turnaround areas, sprinklers or other requirements set by the fire marshal for safety reasons.
      
   4. Setbacks requirements for front setbacks must be counted only from the front edge of the "flag" portion without considering any of the "pole".
      
   5. Larger side setback requirements may be set as a condition considering whether the "pole" area is likely to be needed as a road through the property to reach other properties or other roads. This shall be considered at the time of creation of the lot itself, as well as at the time of the request for the building permit.
      
   6. The "pole" portion of the lot shall be part of the lot and not an easement.
      
   7. A flag lot cannot be created from an illegally divided lot or an existing platted subdivision.
      
   8. A maximum of ten percent (10%) of the overall development may be flag lots.
      
   9. Flag lots are only allowed in areas where topography does not allow all lots to have the required frontage on a road. Flag lots in areas with a natural grade of less than 10% will not be allowed.
      
   10. Any land area contained within the "pole" that is not part of the access road must be landscaped as part of the development application and maintained in an attractive manner
       
   11. Doglegs and jagged, irregular shapes are not acceptable.
       
   12. Driveways shall be a minimum of twenty feet (20') wide with compacted road base. Hard surface pavement may be required if necessary for building or emergency services.
       

1. Cul-De-Sac Lots Or Lots On Inside Curves: Lots that front on the bulb of a cul-de-sac or an inside curve shall have a minimum frontage of seventy feet (70') at the right of way line, and the minimum lot width required for the particular zone or development type, at the required setback line. In order to qualify for this reduced frontage requirement, at least seventy five percent (75%) of the frontage of the lot must be contained within the bulb of the cul-de-sac, or inside curve. (See section 16.37.10 of this title.) 
2. Double fronted lots will not be allowed, except in situations where access is not allowed onto a major or minor collector, arterial or state highway, or as described in the master street plan.
   1. A lot is not considered double fronted if there is a minimum of a twenty (20) foot deep open space area running the entire length between the rear property line of the lot and the right-of-way. Open space areas shall conform to the requirements of 16.21.06 and shall not be created solely for the intent of complying with this section.

Slopes over thirty percent (30%) are not considered buildable. Lots must have a minimum of five thousand (5,000) square feet of contiguous area under thirty percent (30%) natural slope excluding slope irregularities as defined in 16.04. Any lot with a slope over 30% shall include building envelopes or constrained areas on the final plat.

Purpose and Intent: Retaining walls may be necessary in situations where steeper grades are present in development areas. Use of excessive retaining walls is not allowed. Developments should work with and respect the natural topography of the area. Retaining walls made of natural materials are encouraged when possible. Retaining walls shall, in accordance with this code, use native landscaping to buffer retaining walls.

1. Retaining walls that are less than 10' in height and less than 800’ in length are considered a permitted use. Walls over 10’ in cumulative height or over 800’ in length shall be considered as a conditional use. Any retaining walls greater than 30' in cumulative height and/or longer than 800' in length requires approval from the County Council after a recommendation from the Planning Commission. Retaining walls over 4' in height and less than 10' in cumulative height and less than 800' in length shall be reviewed as provided for in 16.01.05. There shall be two types of retaining walls. Stacked walls that cumulatively combined are less than 30' in height and walls over 30' in height. Each type of wall shall be regulated differently as outlined below:
   1. Combined walls with a height of less than 30' shall be broken up so that no individual wall is higher than 10'. Walls shall have a minimum of a 3' break. Walls shall be made of natural materials such as stacked rock, gabion baskets, etc. Poured concrete walls shall be faced with stone. Each 3' step shall incorporate landscaping of sufficient size and density to break up the mass of the wall. Walls greater than 4' in height shall not be made of wood or railroad ties.
   2. Walls over 30' shall be soil nailed and be Shotcrete, gunite or sprayed concrete and troweled/textured and colored to look like natural rock. Landscaping shall be incorporated at the base of the wall as approved by the County Council. If possible, with a soils report review, steeper un-retained slopes shall be used above and below the walls as much as possible. Un-retained slopes shall be landscaped with a mixture of evergreen and deciduous trees to break up the height of the wall and with groundcover sufficient to add necessary stability to the slope.
   3. Options outside of those listed above shall be considered by the Planning Commission and County Council as a conditional use permit.

1. Definitions:

LANDSCAPING: Landscaping, as used in this section, is required landscaping that will be dedicated to and maintained by the County, or are associated with and proximate to trail improvements that connect to planned or existing public infrastructure.

PERFORMANCE BOND: An instrument, in a form approved by the county, with a sum not fixed as a penalty binding the developer to the county, to complete certain actions according to the standards in this code and any other applicable regulation or condition imposed by the county as a condition of approval including any common amenities, improvements on development parcels or common area improvements or amenities approved that allowed additional density; conditioned, however, that the payment of the penalty may be avoided by the performance by the developer of the acts agreed to in the bond documents.

WARRANTY BOND: An instrument, approved by the county, with a sum fixed guaranteeing the quality and/or conformance of completed and accepted improvements or other promised performance according to the standards in this code and any other applicable regulation or condition imposed by the county as a condition of approval.

1. Performance Bond: For Subdivision Construction Permits, a performance bond shall be posted with Wasatch County prior to any final approved plat being recorded in a principal amount of one hundred percent (100%) of the total estimated cost of any improvement or other performance required by or promised to Wasatch County as part of the development, provided the improvements or other performance are not completed and accepted by Wasatch County prior to any final approved plat being recorded. The bond must include protection for the county legislative body, must meet county standards and county code. The bond shall consist of cash, and the bond agreement shall be on a form approved by the County Attorney. The Bond Agreement shall require the infrastructure improvements necessary for building codes and fire codes to be met and continue to be met using standard management practices and frequency in the Wasatch Back, to be completed before building permits can be issued. The County Manager, in his sole discretion, may accept a letter of credit from an FDIC insured financial institution. Any letter of credit must expire not less than 1 year after the reasonably anticipated completion date of the improvements, as determined in the discretion of the planning director. If the performance bond remains in effect for more than a year, the developer shall annually provide an updated cost estimate, and shall bond for any additional costs. The bond, including any letter of credit, must be subject to the laws of the State of Utah and Wasatch County, and must provide the form of Wasatch County. The bond may name the developer or the contractor as the "principal". Each bond shall be accompanied by a bond agreement between the developer, contractor, county and financial institution (if applicable and necessary). In no event shall the County be responsible to complete bonded for improvements, in part, because the Utah Code has limited the ability of the County to adequately ensure the completion assurance will be adequate to complete the bonded for improvements, though the County may, in its sole discretion, complete bonded for improvements. The estimated cost shall be based upon the estimate of the planning director (typically for landscaping), who shall take into account some or all of the following factors when making their estimate:
   1. The developer's landscaping estimate;
   2. The estimate of any reviewing landscape architect or other qualified reviewer;
   3. The average cost paid for the same type of performance in Wasatch County in the past; and
   4. Any other relevant information.
2. Failure Of Performance, Extension Of Time: In the event that any performance required by a performance bond is not completed within the time period allowed for under the performance bond, the developer may petition the county for an extension of time in which to complete the required performance. A one year extension of time may be granted by the county upon application by the developer and upon a showing of good cause and diligent effort by the developer to complete the required improvements within the required period, provided such application is submitted at least sixty (60) days prior to the expiration of the performance bond, and the issuer of the bond is willing to extend the time of the assurance. If at the end of the performance bond term, the county determines that the required improvements or other promised performance has not been completed according to Wasatch County standards and other requirements placed upon the developer, the county, in its sole discretion may:
   1. Refuse to accept the improvements or other performance and require the developer to bring the improvements or other performance to county standards; and
   2. Receive any part of the bond which is necessary to complete the promised performance or to repair any inadequate performance and proceed with work to bring the performance to county standards.
3. Warranty Bond: A warranty bond in the amount of ten percent (10%) of either the county planning director's approved estimate of completion, or the actual cost of completing the Landscaping, is required for the County to accept or approve any required improvement, or prior to allowing a final plat to be recorded that includes required Landscaping. The warranty bond shall be cash. The bond shall be valid for a period of one year from the time of final acceptance of construction to guarantee compliance with the requirements of this chapter, but may be for up to two years if the County Manager or planning director finds good cause. The bond shall be released upon approval of the planning director. The warranty bond shall be on a form approved by the County Attorney. In some cases, the warranty bond will be on the same document as the performance bond. The warranty bond must provide that in the event the completed and accepted improvements or other promised performance covered by the bond fail, are not structurally sound, or are found to be less that the accepted standard during the term of the bond, that the county has the right to require repair and/or replacement, and in the event of failure by the developer to adequately respond, the county shall have the right to recover against the warranty bond and repair or replace the covered improvements or other promised performance. In the event the performance and warranty bond are on the same document, the performance bond may not be released for an amount lower than the amount required for the warranty bond.
4. Partial Release Of Bonds (Bond Reduction): The county may approve partial bond releases (bond reductions) of the performance bond prior to final release. Each release must be approved by the county planning director, county manager and county attorney. Partial releases shall be assessed a two hundred dollar ($200.00) fee for each release to cover any administrative costs. The releases approved by the county shall not exceed the contractor's bond and shall not exceed the percentage of work completed and, at no time prior to final acceptance or approval of the improvements by the county, may the total amount of the bond be allowed to be reduced lower than the greater of: a) one hundred ten percent (110%) of the value of the county manager or the planning director's estimate of other promised performance; or b) the amount required by the warranty bond in the event the performance bond and warranty bond are on the same document. Until complete, the County shall maintain a balance of a minimum of 25% of the total bond amount.
5. Approval Of Bonds: Any bond submitted to the county pursuant to this section must be on a form approved by the county attorney's office, submitted to the county department requesting the bond and approved by the county as meeting the requirements of this code. Property bonds will not be acceptable in any form.
6. Required Time Period For Performance: All improvements must be completed by the date set in the bond according to county approved plans and specifications unless the planning director agrees in writing to extend the duration. Any letter of credit shall be extended to match the revised anticipated completion date, and in no event shall expire prior to the bonded for improvements being completed and approved by the county. It is the express obligation of the developer and/or contractor to either complete the improvements before the performance bond expires, or, in the case of a warranty bond, to repair and/or replace the substandard improvements before the warranty bond expires, or to provide the county with a new bond and bond agreement approved by the county to guarantee and/or warrant the improvements. The new bond and bond agreement must be provided to the county one year in advance of the expiration of the performance bond, or one month before the expiration of the warranty bond. It shall not be a defense to the validity of the bond or bond agreement that the time to perform as listed in the bond or bond agreement has expired. The obligations in the bond and bond agreement shall continue until such time as the applicable statute of limitation expires under Utah law.
7. Supervision And Inspection: A representative of the county may, from time to time, enter onto the property to inspect or cause to be inspected all work done which is covered by a performance or warranty bond. No advance notification is required to be given to the developer and/or contractor. If the developer/contractor requests that the county inspect the project, notification shall be given to the inspector at least forty eight (48) hours prior to the request. The performance or warranty bond shall not be released without an inspection by the county to determine whether the improvements are complete, meet county standards, are structurally sound, and need to be repaired or replaced and whether all applicable provisions of this title are satisfied.
8. Improvements Covered By Bonds: Bonds may be requested for any improvements required by Wasatch County standards, this code, the development review committee, planning staff, the county engineer, the weed control board, the planning commission or the county council. These improvements may include on-site and off-site improvements, including, but not limited to, roads, curb and gutter, storm drains, sewer, water, street lighting, signs, sidewalks, landscaping, open space, fencing, amenities, weed control, parks and trails.
9. No Third Party Rights: All performance and warranty bonds and agreements are between the county, developer (or contractor if applicable) and financial institution. No other party shall be deemed a third party beneficiary or have any rights under this section or any bond or agreement entered into pertaining to performance and warranty bonds. Any other person or entity, including, but not limited to, owners of individual units or lots, shall have no right to bring any action under and performance or warranty bond or agreement as a third party beneficiary or otherwise. 

1. Purpose: It is the intent of this section to protect the valuable views of the ridgelines of Wasatch County by providing regulations, which will limit the building of structures on or near ridgelines that protrude above primary and secondary ridgelines, or will mitigate the appearance of such structures if prevention is not possible.
2. Applicability: These regulations apply to land use applications where development is on or near ridgelines in Wasatch County for which any portion of a proposed structure protrudes above ridgelines when viewed from the designated viewing platforms as shown on the adopted viewing platform map. Any rezoning, proposed development or building permit shall be subject to compliance with these regulations, irrespective of whether specific reference to the regulations is made in this title. In the event of an overlapping or conflicting requirement of this chapter and other provisions or regulations in this code, the more restrictive provision shall apply. All proposals for development of preexisting lots of record or platted plots that may be located within the primary or secondary ridgeline areas are subject to conditional use approval.
3. Definitions:
   1. Ridgeline Development Classification: Whether or not a "ridgeline", as defined in chapter 16.04 of this title, is regulated by this section is determined by whether or not the ridgeline is significant. "Significant ridgelines" are defined as those ridgelines that surround or visually dominate the valley landscape either through their size in relation to the hillside or mountain terrain of which they are a part as viewed from a viewing platform; their visual dominance as characterized by a silhouetting appearance against the sky as viewed from a viewing platform; as a significant natural backdrop feature or separation of communities from a viewing platform; through visual dominance due to proximity and view from a viewing platform; or as an area of significant ecological, historical or cultural importance, such as those which connect park or trail systems. If a ridgeline meets any combination of these criteria, it shall qualify as subject to regulation under this section.
   2. Primary Ridgelines: Primary ridgelines are those ridgelines that are characterized by any combination of significant ridgeline criteria as identified in ridgeline development classification.
   3. Secondary Ridgelines: Secondary ridgelines are those ridgelines that are characterized by any combination of significant ridgeline criteria as identified in the ridgeline development classification above. Secondary ridgelines are secondary in nature to primary ridgelines due to the following features:
      1. Smaller size and prominence of a feature or branch of a primary ridgeline; and
         
      2. Silhouette of a ridgeline against the open sky on a smaller size hill or silhouette of a ridgeline on a smaller hill which is backdropped by a significant ridgeline.
   4. Viewing Platforms: Viewing platforms are selected from the list in subsection E of this section using the ridgeline development classification in subsection C1 of this section to determine which four (4) platforms should be used by the county to determine whether a significant ridgeline will be violated. In the event there are not four (4) viewing platforms from any state or federal highway or county major collector road, also, in the event that: a) a development is large in nature and visible from several roads or highways or different sections of roads or highways; or b) a development will encroach on more than one significant ridgeline, planning staff may select additional viewing platforms along state or federal highways or county collector roads up to eight (8) total viewing platforms based on the ridgeline development classification above.
   5. Visual Assessment Model: A visual assessment model is a computer 3-D image that will be run by the GIS department from the viewing platforms selected in accordance with subsection C4 of this section. The 3-D image will be used to determine if the proposed development will be considered to be on a ridgeline.
4. Requirements And Procedures:
   1. Proposed Developments: Proposed developments shall locate lots and building pads so that structures will not violate this section. At the time a development is proposed, the applicant shall provide a visual assessment model from viewing platforms selected in accordance with subsection C of this section. If the proposed development is considered by the planning director to be on a significant ridgeline, the developer shall submit photo simulations, drawings, computer modeling, or some other means that will allow a determination to be made by the planning commission and county legislative body that structures will be built below the ridgeline. The photo simulations, computer modeling, or drawings shall be done from the same viewing platforms as the visual assessment model. The final plat shall have building envelopes that limit the location and height of the structure to the locations and heights used in the ridgeline modeling to ensure that this section is not violated. The ridgelines will be addressed at the preliminary and final approvals so that the final ridgeline modeling will correspond with the final plat and building envelope locations.
   2. Existing Platted Lots or Lots of Record: Existing platted lots or lots of record shall be reviewed by the planning staff.  if the planning staff and applicant cannot agree on mitigation requirements the item will be required to go to the planning commission as a conditional use that will be applied for with the building permit. The planning commission may set reasonable conditions to mitigate the visual impacts as designated in subsection G, "Design Guidelines", of this section. Existing platted lots or lots of record are those lots that were platted and recorded prior to the adoption of this title. It shall be the responsibility of the applicant to notify the planning department of their intent to build in the location of a ridgeline at which time a visual assessment model will be run from the four (4) closest viewing platforms to determine if the proposed structure is on a ridgeline. As part of the conditional use application, building renderings, colors, materials, photo simulations, computer modeling or drawings shall be submitted.
   3. Appeals: Appeals of the decisions of the planning staff will be made to the Appeals Hearing Officer.
5. Viewing Platforms: The following viewing platforms, as well as additional viewing platforms in accordance with subsection C of this section, shall be used to determine if a structure violates the ridgeline:
   1. Highway 6:
      1. Soldier Summit.
   2. Highway 32:
      1. From the viewpoints at mile markers 5, 6 and 8;
      2. From the viewpoint at 7487 East.
   3. Lower River Road:
      1. Spring Hollow Lane;
      2. 1000 East; and
      3. South Willow Way.
   4. Highway 35:
      1. Mile markers 5, 8, 9 and 10;
      2. Forest service boundary; and
      3. Bench Creek Road.
   5. Highway 40:
      1. Intersection of River Road;
      2. Daniels Summit Lodge;
      3. Mile marker 38, mile marker 39, mile marker 42, mile marker 43, mile marker 48;
      4. Soldier Creek turnoff by mile marker 51;
      5. Mile marker 52, mile marker 54, mile marker 55;
      6. Lookout point across from Pine Hollow Subdivision on the east side of the Strawberry Reservoir;
      7. Coyote Canyon Road.
   6. Highway 113:
      1. Highway 189 by Charleston;
      2. Fisherman's access at the Provo River; Tate Lane; and
      3. Southfield Road.
   7. Highway 189:
      1. Intersection of 3000 South;
      2. Deer Creek Dam;
      3. Deer Creek State Park entrance;
      4. Mile marker 19;
      5. Mile marker 21 (Wallsburg turnoff);
      6. Mile markers 22 through 26; and
      7. Intersection of Southfield Road.
   8. Main Canyon Road (Wallsburg):
      1. Starks Lane;
      2. Cassior Ranch entrance;
      3. Little Valley Road; and
      4. 501 Main Canyon Road (by the LDS church).
   9. Other Miscellaneous Sites:
      1. Memorial Hill;
      2. Intersection of River Road and Dutch Canyon Road;
      3. Intersection of Cascade Springs Drive and Stringtown Road;
      4. 1365 East Center Street;
      5. Intersection of Lake Creek Road and 3600 East;
      6. Intersection of Lake Creek Road and 4800 East;
      7. Intersection of Lake Creek Road and Big Pole Canyon;
      8. Intersection of Center Creek and 1800 East;
      9. Intersection of Mill Road and 1200 South;
      10. Intersection of 4200 East and 1200 South;
      11. Intersection of 3365 East and 1200 South;
      12. Intersection of 2400 East and Center Street; and
      13. Intersection of Lake Creek Road and Lake Pines Drive.
   10. Jordanelle Basin Overlay Zone:
       1. From the Mayflower interchange or from the visitor's center at Hailstone State Park;
       2. From the water near the middle of the north arm of the Jordanelle Reservoir;
       3. From the viewpoint overlooking the dam along the road to Francis (SR-32) located on the south side of the Jordanelle Reservoir;
       4. From the viewpoint along the road to Kamas (SR 248) located on the north east side of the Jordanelle Reservoir;
       5. From the intersection of SR 248 and old U.S. Highway; and
       6. From the Peoa/Oakley turnoff on SR 248.
6. Visual Assessments: For proposed developments, the applicant shall perform a visual assessment from the viewing platform selected above, as directed by the Wasatch County planner, depicting conditions before and after the proposed development. The visual assessment shall include the proposed location, size, design, landscaping and other visual features of the project to assist in analyzing the potential aesthetic impact and most advantageous location of structures and other improvements to either: 1) eliminate development on a significant ridgeline; or 2) reduce any adverse impacts of development on a lot of record or existing platted lot. The visual assessment shall be conducted using techniques as approved by the county planner, including, but not limited to, sketches, models, hand enhanced photographs and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site.
7. Design Guidelines: The following design guidelines shall apply to any buildings constructed within the ridgeline as a conditional use under subsection D2 of this section:
   1. Colors/Reflectivity: All structures and accessory uses shall be constructed and maintained so that predominate exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials:
      1. Repeat the colors found most commonly in the land and vegetation around the building (earth tone);
      2. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any fence, wall or roof surface.
   2. Vegetation: Planning staff shall review the appearance of the structure and make a determination of any reasonable number of trees and shrubs which may be necessary to mitigate the visual impact of the placement of the structure or basement wall as visible from the viewing platforms.
      1. All trees installed to meet the requirements of this subsection shall be of coniferous species, shall be a minimum of eight feet (8') tall when planted, and shall be planted before a certificate of occupancy is issued for the primary structure, or if that is not possible due to planting season or weather conditions, then within one month of the planting season for the species. A bond may be required to ensure the planting.
      2. To the maximum degree feasible, during grading, all existing mature vegetation with a height of more than five feet (5'), other than noxious plants and weeds, shall be preserved.
      3. Concurrently with the building permit approval process, the property owner submitting such plan may request approval of a vegetation plan in which the vegetation requirements for certain lots or tracts may be increased, decreased or deleted, to reflect the degree of visibility of structures located in various portions of the development.
      4. The owner may request alternative placement of landscaping on certain lots and tracts if such placement provides adequate mitigation of the visual impact of the roofline of the primary structure.
      5. Landscaping required by this subsection shall be credited against the landscaping requirements imposed by any other section of the code, or the specific planned development plan.
   3. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees to illuminate streets, sidewalks, walkways, parking lots or other outdoor areas shall use full cutoff light fixtures. For purposes of this subsection, a "full cutoff light fixture" is one in which no more than twenty five percent (25%) of the total output is emitted at ninety degrees (90°) from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. Exterior lighting in the hillside or skyline/ridgeline areas shall be shielded from direct point source view from viewing platforms selected above. Whenever reasonable, motion detectors should be considered to determine if their use would lessen the amount of time lights would actually be in use on the hillside areas.
   4. Exposed Basements: On the side of each primary and accessory structure facing the nearest viewing platform, as determined by the planning department, no basement wall shall be exposed for more than one-half (¹/₂) of its height, unless a vegetated berm at least three feet (3') in height is constructed between such basement and the property line closest to the nearest viewing platform. Excessively high basement walls on downhill sides of slopes will be reviewed on a case by case basis. The planning staff may require trees and shrubs of a coniferous variety to be planted to mitigate the visibility of any basement wall that can be seen from selected viewing platform.
   5. Viewshed Analysis: A viewshed analysis shall illustrate existing and proposed views from selected viewing platforms. The county planner has or will identify several viewing platforms which the applicant is required to prepare a viewshed analysis. Compatibility to the surrounding environment and development, along with color, scale and massing, will be key elements evaluated. The visual assessment shall be conducted using techniques as approved by the county planner, including, but not limited to, sketches, models, hand enhanced photographs and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site. The location of buildings shown on the visual assessment shall coincide with the proposed building pads of the proposed buildings, as well as the maximum size of the buildings proposed. 

The county manager may enter into a development agreement with individuals or entities. For small scale developments or site plan approvals, development agreements are only required if the land use authority determines there are unique circumstances that can be well addressed or memorialized through a development agreement. For large scale developments, development agreements may be recorded at a master plan level, preliminary plan, site plan, or at a final plat approval or all phases of approval, and are required if there are unique circumstances that can be well addressed or memorialized through a development agreement. For large scale developments, a recorded development agreement, or alternative as described below, is required prior to final plat recording.

1. Equivalent Alternative to Development Agreement. In circumstances where there are not unique circumstances that could be well addressed or memorialized through a development agreement, where the application is for base density, and a development agreement would otherwise be required, the applicant may request, and the land use authority may allow for an alternative means of recording the development approval against the property. If approved, at a minimum, a development approval memo shall be recorded against the property at the same time as the final plat, in a form approved by the county attorney, which shall include the following:
   1. Vesting date.
   2. WCC 16.01.16 in effect.
   3. Legal description.
   4. Presentations made by staff to the land use authority, DRC reports, conditions of approval, and minutes of any public meetings.
   5. Will-Serve letters from the irrigation companies or provider of outside irrigation, gas company, electric company, communication providers, solid waste services and any applicable special service districts.
   6. Completion date for any recreational facilities or amenities.
   7. Architectural renderings, landscape plans and trail plans for common areas, if any.
   8. How moderate income housing requirements are being met, if any.
   9. Statement of maintenance obligations for any open space, common area, trails, private roads, detention basins or ponds, retention areas, or private or common community amenities which meets the requirements of Subsections B, C, and D below.
   10. 10. Total units/ERU’s granted
2. Maintenance Obligations: Unless otherwise indicated in the approval, or on the final plat, the developer is required to maintain common areas, trails, private roads, detention basins or ponds, or common community amenities until the maintenance obligations are transferred to the homeowners association.
   1. Developer is required to organize a homeowners' association to undertake the ongoing maintenance obligations, if any;
   2. Provide all legal documentation necessary for such entity, including a binding agreement to provide continued maintenance;; and
   3. In the event the developer fails to create an HOA, and maintenance is not otherwise provided for, the individual lots owners in the subdivision shall share the obligation to maintain common areas, trails, private roads, detention basins or ponds, or common community amenities.
   4. In the event Developer or the Home Owners' Association or property owner fails to maintain the common areas, trails, private roads, detention basins or ponds, or common community amenities, the County may (but is not obligated to) maintain them. The market value of the cost of this maintenance shall constitute a valid lien on the Property and its lots on a parity with and collected at the same time and in the same manner as general County taxes that are a lien on the Property.
3. Transfer Maintenance Obligations: It is anticipated that developer will transfer certain maintenance obligations to the homeowners' association. The association shall be a nonprofit corporation formed in accordance with the state and federal law. The association shall have authority to impose fees sufficient to perform the maintenance obligations transferred to it.
4. Written Transfer Agreement Required: In the event developer transfers the developer's maintenance obligations to the homeowners' association; the developer shall do so by written transfer agreement between the developer and the acting HOA president. . The developer shall ensure, that the maintenance obligations of the homeowners' association have been adequately funded and kept up to date when the developer loses majority control of the homeowner's association by ensuring the HOA would have adequate reserve funds pursuant to the standards of Utah Code 57-8a-211.

Any lots or parcels that are deed restricted from any further subdivision, or which were previously created pursuant to code which prohibited subsequent subdivision, shall prevent the lots or parcels from being further subdivided into buildable lots. This section does not prohibit a bona fide division or partition of agricultural land for agricultural purposes, but such a division or partition of land does not and never has created any buildable lots. For purposes of this section, a buildable lot is a lot that may lawfully have a dwelling, or any commercial or industrial development, besides development primarily for an agricultural purpose, which has no dwellings.

Wasatch County will not allow building or development on constrained lands. In calculating the permitted density allowable for projects that require density determination, these constrained areas of a property or project shall be excluded from use in the development capacity calculation, although greater detail in subsequent applications may demonstrate less density is possible than was approved through the density determination. For purposes of this determination, the applicant must prove the following through a physical constraints analysis:

1. The project will not consist of any building envelopes on natural or manmade slopes over thirty percent (30%) grade; Natural slopes over twenty-five percent (25%) shall include special studies which verify stability; each lot shall have a contiguous, generally rectangular building area that is a minimum of five thousand (5,000) square feet at less than thirty percent (30%) slope;
2. The project will not consist of any structures within fifty feet (50') of any fault line; Greater setback is required if identified in a slope stability study;
3. The project will not consist of activities on or disturbance of any wetland areas (scrub-shrub and emergent), except as approved by the army corps of engineers;
4. The project will not contain any platted lot within any landslide hazard areas, and no structures will be permitted in landslide areas unless approved by the land use authority;
5. The project will not consist of any habitable structure within any 100-year flood hazard area, alluvial fan flood debris flow area, or collapsible soil hazard area, except as provided in section 16.28.08 of this title;
6. The project will not consist of any habitable structure within any shallow groundwater hazard areas, stream or drainage corridor setbacks, areas of springs or seeps, or surface water areas;
7. The project will not consist of any development within any areas that are recommended locations for detention basins or established road and utility corridors;
8. The project will avoid any structures that will protrude above any ridgelines, except as provided in section 16.27.22 of this chapter;
9. The project will comply with the environmental regulations outlined in section 16.28;
10. The project will preserve major natural site features and existing vegetation;
11. Full geotechnical evaluation of the site and any other necessary studies have been provided to support the above findings; and
12. If information is found, a mitigation plan will be required, or no development may be approved.

Incomplete Or Incorrect Developer Statement: If a full and complete representation, as described in this section, cannot be produced by the developer, or if any evidence later discovered indicates that such representation has not been made after a full inspection, or there has been any change in circumstances indicating the likelihood of a failure to be able to meet the standards of the above section, the county may require that certain site specific reports be prepared. Any and all such reports that the county determine to be necessary shall be required as part of the development review process. Additional evidence discovered may decrease the density originally approved for the project.

1. Access To Irrigation Facilities; Pressurized: If a parcel, which is currently serviced by a pressurized secondary irrigation system, is subdivided, the developer shall provide the necessary easements and infrastructure to provide such service to each lot.
2. Irrigation Facility Encroachment Protection:
   1. No irrigation facility, easement or right of way shall be encroached upon, either overhead, on the surface or underground, without the express, written permission of the owner of the facility. Examples of these encroachments include, but are not limited to, the construction of bridges, utility crossings, fences, roadways, sidewalks, curb and gutter, overhead cables, structures, etc.
   2. Developers shall recognize and protect all existing easements and rights of way for irrigation facilities and shall identify them on the preliminary and final plats.
   3. Where existing easements are only prescriptive, developers shall dedicate and convey an easement to the owner of the facility, of sufficient length and width to allow historic irrigation and maintenance activities to continue.
3. Irrigation Facility Improvements:
   1. Equalization ponds. To assure that proper service can be maintained, developers may be required to participate in the costs of off site equalization ponds.
   2. To protect the health and safety of residents and the stability of land and structures, developments adjacent to, immediately downstream of or containing open, unlined canals or ditches, may be required to pay for the cost of lining or piping the canals or ditches.
4. Relocation Of Existing Irrigation Facilities: All costs associated with the relocation of existing irrigation facilities to facilitate or accommodate a development shall be borne by the developer. Such relocation shall meet the standards of the owner and operator of the irrigation facility.
5. Bank Stability: No work, which may compromise the stability of a ditch or canal bank, shall be allowed. Any landscaping shall not include any deep rooted vegetation and shall not occur within canal easements or rights of way without the written permission of the canal owner and operator.
6. Fencing: Installation and maintenance of any fencing adjacent to open canals or ditches shall be the responsibility of the developer and/or landowner.
7. Drainage: No drainage of any kind shall be directed to or allowed to flow into an irrigation facility without the express written permission of the owner and operator of the irrigation facility. 

All electric, television and telephone utility extension to and in new subdivisions/developments shall be installed underground to utility company specifications, except in those locations where utility companies determine, and the designated land use authority, concurs that it is impractical due to steep terrain, inaccessible location or other physical constraints with the land. 

Projects that are located on or next to a collector or arterial street shall be designed and developed so the public street continues through the project in a logical, safe manner. Projects that are located at the end of stubbed local public streets will be required to extend the street through the development based on the proposed circulation needs of the area (the adapted local street plan) as determined by the legislative body, after a recommendation for or against by the planning commission, and after recommendation by the planning and engineering staff that the street should be extended as a through street or as a cul-de-sac. 

1. New Streets To Be Dedicated: All new streets which are to be dedicated and accepted by the county or which are required as a condition of approval for any development must be built to current county road standards. Streets shall be planned as public streets unless approval is given for a private street as part of the approval for the development. Private streets will rarely be approved for purposes of gating a community for exclusivity. Private streets may only be approved when the findings show a valid purpose that serves the general public as a whole. Private streets shall be dedicated to the homeowners' association.
2. Street/Block Length: Maximum block lengths shall be one thousand three hundred feet (1,300') and minimum block lengths shall be four hundred feet (400'). Block lengths shall be measured from center of intersection to center of intersection. If permitted, cul-de-sacs shall not exceed one thousand three hundred feet (1,300') in length and shall have a turnaround with a diameter of eighty feet (80'). Dead ends or cul-de-sacs are not intended to be longer than one thousand three hundred feet (1,300') without joining with another street to create a block that allows a separate ingress and egress. The length of a cul-de-sac shall be measured from centerline of intersection to center of the turnaround.
3. Through Street Requirements: Developments that are required to provide a through street shall build the street to the required public standard and as a through street even if the development is proposed to be private or gated. Through streets shall connect higher classification streets and provide a traffic network. Cul-de-sacs and non-though streets are prohibited, except that the land use authority may allow cul-de-sacs to be used only where unusual drainage, topography or land ownership configurations exist which make other designs undesirable or impossible, and where review of the conceptual connectivity plan or other street plans for the area do not require through circulation.
4. Private, Gated Communities: Private gated communities shall only be considered when the following apply to the development:
   1. The project does not have a required through street within the project as noted in section 16.27.28 of this chapter.
   2. Due to topography, streets stubbed out to adjoining properties are not possible.
   3. Every gated entrance shall be required to provide a knox box lock, or an electronic system that can be activated by emergency sirens.
5. Clear Visibility At Intersecting Streets: In all zones, no obstruction to view in excess of three feet (3') in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at the property line and a line connecting them at points twenty five feet (25') from the intersection of the street lines (see section 16.37.06, of this title), except a reasonable number of trees pruned enough to permit automobile drivers an unobstructed view. This shall not require changes in the natural grade on the site. If a sign is proposed to be placed near an intersection, different standards may apply. See chapter 16.26 of this title regarding signs.

The arrangement of streets in new developments shall make provisions for the continuation of existing stub streets in adjoining developments (or their proper protection where adjoining land is not subdivided/developed). All streets connecting into existing streets shall be the same or greater width (but in no case less than the required minimum width) unless variations are deemed necessary by the designated land use authority. The land use authority may determine that access should be provided to adjoining property for orderly development and in accordance with the local street plan. If the developer is required to provide access to adjoining property, the proposed streets shall be extended by dedication and installation of all required improvement to the boundary of the development. (See section 16.02.12, "Adoption Of Local Street Plan", of this title.) 

1. Must Prove Right To Access: No building permit in a new subdivision shall be issued for a building that is to be constructed on a lot or parcel that does not either abut a dedicated public street or highway, or a private roadway, built to county standards that is either owned by the property owner requesting the permit, dedicated to the county, or has a recorded right of way sufficient to meet county standards.
2. Access To Business Uses: Private roads providing access to professional, commercial or industrial properties shall not go through properties zoned for residential use.
3. County Standards; Exception: Any road not already constructed at the time this code is adopted must be built to current county standards, including a roadway which was previously dedicated to the county by plat recordation or other means. If the roadway is a portion of an internal subdivision road which connects to roads constructed under prior standards, the planning director may, upon good cause shown, allow the unconstructed portion of the road to be built to the same standard the connecting roads were or should have been built to, but in no case less than the standard required by the fire code.
4. Two Access Points: At least two (2) routes for ingress and egress from any large scale development (31 or more ERUs/units) shall be provided that allows access to a state road (state maintained road) or a public class B road (as identified by Wasatch County) at two (2) separate points. If the two (2) access routes connect to the same road, they must comply with the fire code separation requirements. Two (2) accesses that loop onto a dead end road do not count as appropriate access. Dead end roads would need to be extended to create through roads. If the class B road is gravel, the road as well as the access points, must be brought up to the county standard.
   
   Note: For the purpose of this chapter, "abutting a county road" means the road to the property shall meet county standards.
   
   
5. Maximum Number Of Units Serviced By Private Driveway: There shall be no more than three (3) units/lots using a private driveway for access, provided the driveway is twenty feet (20') wide. 

No subdivision or development shall be approved in which a nuisance strip is proposed. (See definition of "nuisance strip" in section 16.04.02 of this title.) 

Purpose: In accordance with the County General Plan this chapter specifies the requirements for regional parks and the associated density that may be allowed if a regional park is built in accordance with Chapter 4 of the General Plan and the associated map designating potential locations for regional parks.

Regional parks are intended to be large enough to allow for programmed recreation as well as open space recreation for county residents. Regional parks are intended to be adjacent to major roads so they are accessible to the region while minimizing impacts as much as possible to neighboring lot owners. Regional parks may, among other things, be used for soccer, baseball/softball, rugby and other uses. Regional parks may be part of a regional storm drain detention plan.

1. Regional park requirements: 

a. Shall be a minimum of 10 contiguous acres in a regular square or rectangular shape. 

b. Shall have less than a 5% slope over the property, and at any given location on the property or as determined by the County.

c. Shall be adjacent to arterial, collector or other major roads and not accessible through local roads internal to the subdivision.

d. As per the adopted General Plan map are allowed in RA-1 (Residential Agricultural), JSPA (Jordanelle Specially Planned Area) and NVOZ (North Village Overlay one)

e. All water necessary for the park shall be provided as determined by the County.

f. The property shall be deeded to the County with the recordation of the first plat of the development or as determined through development agreement.

g. Location and approval of the park donation shall be in the sole discretion of the County Council after a recommendation from the Planning Commission.

h. Shall have a public trail plan within the development and stubbed to adjacent property lines to provide access to the park whether improved or un-improved.

i. All necessary improvements in front of the park within the County right-of-way shall be completed.

j. Parks may be improved or un-improved as determined by the County Council and as stipulated in the definitions below and as allowed in sub-section 2.

k. Fencing shall be provided on any lots that abut the dedicated park area, including for un-improved park dedications.

l. Subdivision plats shall provide appropriate notice that impacted lots will have a park adjacent to their property line to provide notice of the associated impacts of a regional park.

m. It is at the sole discretion of the County Council to approve a park and the associated density if all the requirements of this section area met. 

2. Improved Parks means the following: Improved parks shall have at a minimum the following improvements: bathrooms, irrigation, sod, asphalt or concrete parking (as per 16.33) including curb gutter and storm drainage, improvements along all public streets including landscaping as required by all applicable codes, the improved park may be used as part of a regional storm drain plan, and fencing of all lots adjacent to the park, etc. The park shall be improved with guidance and input from the County Parks and Recreation director and as recommended by the Planning Commission.

3. Un-improved parks means raw ground meeting all of the requirements listed in sub-section 1 above.

4. Density bonuses by zoning district:

a. RA-1 zoning district - in the RA-1 zoning district dedication of raw property with water for an unimproved park meeting all the criteria in sub-section 1 may be allowed a density of 1.1 acres per unit however the density includes the 10-acre park in the calculation for density of 1.1 acres. For example using 100 acres (100 acres/1.1 = 91 total lots platted on the 90 remaining acres).

Density for an improved park with the minimum requirements listed in sub section 1 and 2 above may allow for a density of up to 1 (one) unit per acre using the park acreage for determining the total density. For example using a 100 acre property (100 acres/1 = 100 total lots on the remaining 90 acres).

b. NVOZ - For dedication of an improved park as noted in the sub-section 1 and 2 a 10% density bonus may be allowed of up to 40 additional units. Un-improved parks may be allowed a 5% density bonus up to 20 additional units.

c. JSPA - For dedication of an improved park as noted in sub-section 1 and 2 a 10% density bonus may be allowed up to 40 additional units. Un-improved parks may be allowed a 5% density bonus up to 20 additional units.

d. Revision of density bonuses - The County Council may adjust the density bonus rates in the RA-1, NVOZ, and JSPA zones as necessary. 

Gravel Pits and mining operations, as listed in 8500 of Wasatch County Code 16.36.07, shall only be allowed as a conditional use in the respective zone. A statement must accompany applications for the conditional use containing the following information:

1. Mining plan which shows:
   
   1. Size of operation;
      
   2. Limits of disturbance for the entire property;
      
   3. The surface area for each phase than can be disturbed at one time;
      
   4. Work shifts and time of operation;
      
   5. Tons per year limits;
      
   6. Materials to be extracted;
      
   7. Processing methods;
      
   8. Impact statement regarding air quality, water quality and transportation;
      
   9. Dust Control Plan;
      
   10. Lighting Plan;
       
   11. Noise abatement plan not exceeding fifty (50) dBA (decibels) at any adjoining property line; and
       
   12. A 500' setback form the outside edges of the limits of disturbance (LOD), as defined below, and as approved by the County to any currently inhabited residential dwelling. A 150' setback from the outside edges of the LOD to a public road right-of-way, lot line, flood channel, wetland or, water body.
       
   13. For purposes of this section the Limits of disturbance (LOD) shall include all mining operations including but not limited to: internal roads, parking areas, office buildings, crushing, screening, washing, mixing, or other types of processing operations, materials extractiona areas, storage of materal and equipment. The LOD shall not include the main access road(s) into the site.
       
   14. Visual assessments showing the maximum extent of the LOD for each phase with depictions from major roads and highways at locations approved by staff, that show the visual impacts. Any impacts shall be addressed by a plan to keep excavation minimized from the public view, especially along highways and entryways into the valley. This may require additional berming and landscaping or changes in the LOD.
       
   15. Restoration plan and proposed mitigation measures as to above items. Bonding is required to assure that each phase is restored and complies with the restoration plan. List of all federal and state permits required, and the name of the supervising authority of each agency involved; and either showing permits received, or making the land use approval conditional upon such permits being received;
       
2. Title report;
   
3. Written legal opinion about the applicant's right to access their mining products on or under the surface;
   
4. Economic viability;
   
5. Parking;
   
6. Administrative offices;
   
7. Adjacent support and subsidence plans;
   
8. Transportation plan and impact analysis which evidences that such materials will not be transported through a residential area and will not adversely impact any residential or commercial area;
   
9. A plan which complies with all Wasatch County water quality standards; and
   
10. Any information or plan that the Wasatch County planning director or planning commission may require.
    

1. Purpose and Intent: The purpose and intent of the Conservation Development ordinance is to perpetually preserve rural landscape, sensitive natural resources, steep slope areas and other large areas of open land, while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development. Specific objectives are as follows:
   1. To maintain the rural character by preserving tracks of land containing unique and environmentally sensitive natural such as woodlands, stream corridors, wetlands, floodplains, ridge tops, steep slopes, rock outcroppings, critical species habitat, valuable perpetual open space and natural areas, identified as an asset to citizens of the County.
   2. To protect scenic views and to minimize visibility of new development from specific locations within the County.
   3. To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard regulations in order to maintain, scenic quality, and overall aesthetic value of the landscape.
   4. To increase flexibility and efficiency in the siting of services and infrastructure, by reducing street length, utility requirements, drainage requirements, and the amount of paving required for residential development, where possible.
   5. To decrease the amount of disturbance in sensitive areas by reducing or eliminating cuts and fills for roads and other infrastructure.
   6. To create groups of dwellings with direct visual and physical access to common open space.
   7. To encourage active and passive recreational use of common open space by residents of a conservation development and by the public.
   8. To reduce erosion and sedimentation by preserving existing vegetation and minimizing development on steep slopes.
   9. To create an attitude of stewardship, or caring, for the land within open space by requiring a land management, or stewardship, plan for the open space that may include grazing, but must be able to have a third party conservation easement placed on it.
   10. Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas.
   11. To provide access for emergency vehicles necessary to serve the hillside areas.
   12. To lessen the need as much as possible to protect the public from natural hazards caused by unstable slopes and soils, debris flow, erosion and other geologic hazards of hillside development.
   13. To minimize the threat and subsequent damage of wildfire through safe building practices and clustering of units on shorter streets.
   14. To protect large tracks of land from development perpetually and allow some form of public access.
2. Application and Process
   1. Master Plan application. The applicant shall apply for master plan approval and provide the information outlined in 16.27.10(A), and demonstrate compliance with all of the requirements in subsection (C) below. In addition to the requirements outlined in 16.27.10(A) the applicant shall submit a memorandum of understanding from a valid non-profit qualified conservation organization stating that the property meets the criteria with any stipulations and that the property could be considered for a Qualified Conservation Easement.
   2. After master plan approval has been granted by the council, acting as the land use authority, the subdivision shall follow the typical process outlined in 16.27.10 for preliminary and final approvals for a large scale subdivision, or the typical process outlined in 16.27.05 for a small scale subdivision, as applicable, depending on the number of lots, parcels, or ERUs being proposed in the development. The applicant shall also demonstrate requirements with subsection (C) below. A conservation Development -Application, shall conform with any applicable Master Plan. The planning director may allow minor, inconsequential changes from an approved Master Plan. If there is a question as to whether a proposed change is more than a minor, inconsequential change, the planning director or the applicant may request the application be reviewed by the County Council, who shall determine if the application is a minor, inconsequential change to the approved Master Plan, or if a new Master Plan, should be applied for prior to processing the subdivision application.
3. Allowed zones and Minimum requirements:
   
   1. A conservation development is only allowed if the legislative body approves master plan on the property that meets the intent of the code. The legislative body is encouraged to ensure the purpose statements and other code requirements for a conservation development can be met before granting the master plan approval.
   2. If a conservation development master plan is approved, as a condition of the approval the council may allow or require some unique retaining and erosion control requirements for the development. Erosion Control requirements, and their long term maintenance, must be addressed satisfactorily and the engineering department must recommend approval. Erosion and retaining requirements must be memorialized in a development agreement.
   3. Minimum buildable lot size is five (5) acres with three hundred (300') feet of frontage at the road right of way and three hundred and twenty (320') feet of width at the required setback.
   4. All property in a Conservation Development must be in the P-160 (Preservation) zone or the M (Mountain) zone.
   5. All buildable lots shall be grouped into clusters, and each cluster shall have open space on at least one side.
   6. Property that is not buildable lots, and which is not required for infrastructure, shall all be in a Qualified Conservation Easement which shall be a minimum of 75% of the overall (gross) acreage of the project.
   7. All buildable lots shall have access as required in Titles 16 and 14.
   8. The initial application for a master plan and prior to the approval of the master plan, shall include a memo of understanding from a valid non-profit conservation organization stating that the property meets the criteria with any stipulations and that the property could be considered for a Qualified Conservation Easement. If the development fails to obtain the Qualified Conservation Easement as per code, all approvals, including, the master plan, are null and void.
   9. An applicant for a Conservation Development must have a pending application with a Non-profit Conservation Organization to be the holder of a Qualified Conservation Easement as approved by the Council.
   10. Property in the Qualified Conservation Easement is intended to be valuable tracts of open space and shall not be small isolated, inaccessible remnant parcels otherwise unusable for development purposes that are not contiguous with larger open space parcels. Any historic access to property in the Qualified Conservation Easement must be maintained. Access that allows for motorized vehicles historically used for farming or ranching shall be maintained as allowed in the conservation easement including emergency access and access for the County.
   11. The fee title to the property in the Qualified Conservation Easement must be dedicated as either common area, open space or held privately and must be dedicated in accordance with 16.21.06. All costs of the Qualified Conservation Easement shall be, paid for by the developer. The Qualified Conservation Easement, shall be entered into and all conserved property that is part of the master plan shall be dedicated with the first plat recorded that includes any buildable lots.
   12. The development must include fencing in conformance with the right to farm regulations of this Title, if applicable. Open space may be used for grazing.
   13. The Qualified Conservation Easement shall, to the greatest extent possible, protect site features having particular value in the context of preserving rural character, geologic features, scenic views, drainages, wetlands, farmland and ridgelines.
   14. Buildable Lots shall be clustered such that open space is accessible to the general public, at a minimum through public trails, with the least amount of intrusion on property owners within the Conservation Development. Multiple public access points may be required depending on the size of the conservation easement area.
   15. Conservation developments shall have the term “Conservation Subdivision” in the title of the recorded plat.
   16. Any calculations used in determining density shall be rounded down.
   17. Developer shall build non-motorized trails in compliance with 16.21.18 and 16.38 and may be required to do additional trails/trailheads/ as part of the legislative approval. Trails shall; be provided in the dedicated common area/open space and connect to trails off site if available. Trails shall be open to the public and provisions in the conservation easement shall be made for additional future public trails that may be built by the County, HOA or other entity as needed. As a condition of approval the property owner(s) or HOA agrees that trails will not be closed for any reason except for safety which safety issues shall be expeditiously repaired.
   18. If the development proposal has more than one planning area, as designated in Chapter 5 of the General Plan, within its boundaries, density cannot be transferred from one planning area to another. All density must be kept within the planning area that the density is derived from.
   19. To be considered for a conservation development properties included in the application must meet the minimum acreage requirements for the underlying zone.
4. Density Procedure: Density shall be determined by the following process: Base density is determined by dividing the gross acreage of the property by the underlying zone minimum lot size requirement. Gross acreage shall be determined by a licensed surveyor and provided with the application and recorded as part of the plat. Numbers that are not whole shall be rounded down when determining density.
   
5. Deferment or modification of Road improvements: Roads in the Conservation Development and connectivity provided by the Conservation Development shall meet all standards of the Wasatch County Code, except as modified by the following standards:
   1. Outside of the development pod, roads are only required to be constructed or dedicated if determined by the legislative body to be necessary during review of the Conceptual Connectivity plan as described in 16.02.12. Reasons- connections are required include, but are not limited to:
      1. Providing historic access to any property in or out of the project,
      2. Roads that are part of a master planned road network in the General Plan or an adopted local street plan, or
      3. Connecting to a stub road on an adjacent property that either actually exists or is part of an approved development.
   2. Roads that are shown in the General Plan, and which meet the following requirements, are required to be engineered to a county standard and dedicated, but do not need to be bonded for or constructed, if all of the following criteria are met:
      1. The road would not continue to provided historic access to any property out of the project;
      2. The road does not connect to a stub road on an adjustment property;
      3. The road does not connect to a stub road shown in an approved development that has not expired on an adjacent property. The approved development may be a master plan, preliminary plan, or a final plat.
   3. Roads that only provide historic access to property in the Conservation Development that will not have buildable lots, will only be required to be improved and maintained to a county standard if the Engineering Coordinator, the Planning Director, or the Fire District determines it would be helpful for emergency access purposes. Even if the road is not required to be improved to a county standard, it is required to be maintained to the existing standard of the road.
6. Maintenance of open space: Common area, open space including property in the a Qualified Conservation Easement, shall be maintained by the HOA or other designated owner in all respects including but not limited to; weeds, fire mitigation, erosion control, trail/trailhead maintenance, grazing leases, fences etc. The property owners(s) shall be protected by UCA 57-14 to the maximum extent allowed.