The county commissioners or the planning commission shall use the following guidelines to regulate subdivision review:
A. Phased Development: Phased development may be required on all subdivisions where the planning commission or county commission deems it best to develop the property in an orderly and feasible fashion. See section 9-3-6 of this chapter.
B. Denial Based On Hardship To County: A subdivision may be denied on the grounds that it places an undue hardship on the county and the services the county provides (i.e., road maintenance, school bus routes, and tax increases to other county residents due to "urban sprawl").
C. Approval Based On Homeowners' Association: If the county commissioners or the planning commission finds that the costs of providing services to a subdivision would be excessive, such a finding can be the basis for disapproval of a subdivision. The subdivider may then, if so desired, provide that the services within the subdivision would be provided by a homeowners' association. Additionally a subdivider may propose a homeowners' association in other situations where development and the use of the subdivision would best be accomplished by such an association. If the respective commissions find that the association can provide the necessary services, the subdivision may be approved.
D. Steps To Initiate Subdivision Review: To initiate subdivision review, the following steps are necessary:
1. The subdivider contacts the county planner's office for information concerning the county subdivision requirements and compatibility with the county general plan, and discusses with staff members the proposed plan of development prior to preparing any plats, plans or charts. At this time, the subdivider shall also submit an application for subdivision approval, on a form provided by the county planner's office. The subdivider shall ensure a copy of the surveyor's license is on file with the planning office.
2. The subdivider pays the preliminary plat fee.
3. The subdivider ascertains that he or she has made application or provides proof of exemption with all requirements of the Utah uniform land sales practices act, Utah Code Annotated section 57-11-1 et seq., as amended.
4. The subdivider submits the following to the county planner's office:
a. Nine (9) eleven inch by seventeen inch (11" x 17") copies and one twenty four inch by thirty six inch (24" x 36") copy of the preliminary plat prepared by a registered surveyor.
b. For a subdivision with a proposed water source or on site wastewater systems, a letter from the Tri-County health department approving both the on site wastewater system and the proposed water source.
c. For a subdivision with electrical power available, a letter from Moon Lake Electric stating that power is available and is currently located within the proposed subdivision, or will be extended to serve the subdivision.
d. For any subdivision of ten (10) lots or more, a public offering statement covering all items identified in section 9-3-2 of this chapter.
5. The county planning staff will review the documents and make recommendations. Ten (10) working days are allowed for completion of staff review and to notify, by mail, adjoining property owners within designated distance as established by the planning director. Said notice of the date, time and place of the planning commission public hearing to consider the preliminary plat must be mailed not less than three (3) days before the public hearing and be addressed to the record owner of each parcel within three hundred feet (300') of the subject property. As an alternative to mailed notice, the county may post notice of the hearing on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability and print quality that is reasonably calculated to give notice to passersby, at least three (3) days in advance of the hearing. Notice of a preliminary plat associated with a multiple unit residential, commercial or industrial development shall be provided to all affected entities.
6. Upon completion of the staff review, the county planner's office will place the item on the planning commission agenda. Health department approval is mandatory prior to an item being placed on the planning commission agenda, which means this approval must be received ten (10) working days prior to the planning commission meeting. In the event any checklist requirement is lacking at close of business on the Friday preceding the scheduled planning commission meeting, the planning director shall remove the proposal from the planning commission agenda.
7. The planning commission will meet and review the preliminary plat and take action. The subdivider or agent must attend and present the plat.
8. If approval is given, the subdivider then may proceed with final approval by submitting nine (9) eleven inch by seventeen inch (11" x 17") paper copies and one twenty four inch by thirty six inch (24" x 36") Mylar signed by the landowners, notarized and verified by the county recorder's office to the accuracy of the landowners, to the county planner's office ten (10) working days prior to the scheduled planning commission meetings.
9. The county planning staff will review the documents and make recommendations.
10. In addition, the subdivider submits the following to the county planner's office:
a. Final plat fees.
b. Checklist requirements submitted and completed. Any checklist requirement lacking, whether from the subdivider, their agent or county legal counsel or road supervisor by close of business on the Friday preceding the scheduled planning commission meeting, the planning director shall remove the proposal from the planning commission agenda.
11. The county road supervisor will inspect and, upon approval, issue the planning office a letter of road approval.
12. Upon approved completion of the staff review, the county planning office will schedule the final plat for review by the county planning commission.
13. Upon receipt (mandatory 10 working days prior to scheduled planning commission meeting) of the final plat approval and review, the planning office submits the following to the county attorney's office for their review and approval:
a. Complete improvements or provide guarantee;
b. Agreements, including developer's title agreement, if needed;
c. Developer's title agreement, which shall be substantially in the following form:
DEVELOPER'S TITLE AGREEMENT
The undersigned holder of a security interest in the described real property hereby acknowledges acceptance of the subdivision, and agrees that provisions have been made to ensure that purchasers of lots or parcels within the subdivision will obtain clear title to said property upon payment of the purchase price.
14. The planning commission will meet and review the final plat and take action. The subdivider or agent must attend and present the plat. Additionally, the subdivider is responsible to ensure the owner's dedication is properly signed and approved by the county recorder prior to final plat approval.
15. If approval is recommended, the final plat will be signed by the planning commission chairperson.
16. When the planning commission has recommended approval of the final plat, the planning director will place the item on the county commission agenda.
17. The subdivider or agent shall meet during a regularly scheduled meeting with the county commissioners and present the plat, along with the planning director, who shall present the planning commission's recommendation.
18. If approval is given, the subdivider must do the following at the county offices:
a. Pay the following fees:
(1) Recording fees;
(2) Other fees as may be enacted by the county commission;
b. Provide guarantee of improvements.
19. When the requirements above are met, the final plat will be signed by the county commission chairperson.
20. The subdivider shall be responsible to record the final plat and the public offering statement, as required, with the county recorder within ninety (90) days. (1998 Code § 16.12.010; amd. 2010 Code)