This section applies to the subdivision of lands within the unincorporated areas of Garfield County, that are not required to complete a formal preliminary or final plat process, but follow a simplified process as outlined herein.
(A) Minor-lot subdivisions. A lot or parcel resulting from a division of unincorporated land is exempt from the subdivision plat requirements of this section, if:
(1) The sketch plan or record of survey has been reviewed by the Zoning Administrator, Building Official and/or Recorder and they have given recommendation to the County Planning Commission that the proposed development qualifies as a minor-lot subdivision as set forth herein.
(2) The property is being subdivided into five or less building lots that all front a dedicated and accepted county right-of-way.
(3) Each new lot created meets, or will meet with an appropriate zone change in conjunction with the proposed subdivision, the requirements of this chapter.
(4) The developer has, at a minimum, furnished evidence of sufficient water rights and a conceptual plan for wastewater, power and other applicable utilities for the proposed development. The developer may provide other applicable landscaping infrastructure or utility plans.
(5) If the proposed development will include municipal utility connections, a letter of approval from said municipality listing the approved utilities shall be required.
(6) A lot created from a previously approved minor-lot subdivision shall not be further subdivided via minor-lot subdivision within three years of the filing and recording date of the minor-lot subdivision where the applicable lot was originally created.
(7) The Planning Commission has reviewed the development plan and record of survey in a public meeting and has given its recommendation to the County Commission for final approval in a public meeting.
(8) Before any minor-lot subdivision request is considered by the Planning Commission, the developer shall furnish evidence to the Zoning Administrator of recordable deeds for each proposed lot in the subdivision. The minor-lot subdivision shall not be presented to the Planning Commission County Commission for final approval until evidence of recordable deeds have been provided.
(9) Upon final approval from the County Commission, the developer shall file the record of survey with the County Surveyor’s Office and record the deeds with the County Recorder’s Office.
(10) Submitting a minor-lot subdivision record of survey otherwise shall be null and void.
(B) Agricultural land exemptions.
(1) A lot or parcel resulting from a division of agricultural land is exempt from the subdivision plat requirements of this section, if the lot(s):
(a) Qualifies as land in agricultural use under UCA § 59-2-5 Farmland Assessment Act;
(b) Is not used and will not be used for nonagricultural purposes; and
(c) Meets the minimum size of six acres.
(2) The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a record of survey map that has received the approval of the Sketch Plan Review Committee, Planning Commission and County Commission. If the agricultural land exemption lots are created via aliquot parts or metes and bounds subdivision, the record of survey shall not be required as long as appropriate deeds are prepared to meet the requirements of the County Recorder’s Office.
(3) If a lot or parcel exempted as agricultural land is used for nonagricultural purposes as defined by the Farmland Assessment Act, the county shall require the lot to comply with the related plat requirements of this chapter.
(4) Upon final approval from the County Commission, the developer shall file the record of survey with the County Surveyor’s Office and record the deeds with the County Recorder’s Office.
(C) Metes and bounds subdivisions.
(1) A person may not submit a document that subdivides property by metes and bounds unless it contains written approval from the Planning Commission required by this section. Recording a document otherwise shall be null and void.
(2) The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a record of survey that has received the approval of the Sketch Plan Review Committee, Planning Commission and County Commission.
(D) Agricultural minor subdivisions. An agricultural minor subdivision may be submitted to the County Recorder for recording without going through the full subdivision plat application process if the following requirements have been met:
(1) The petitioner is applying for a division of at least 100 contiguous acres of agricultural land to create one new lot that, after the division, is separate from the remainder of the original 100 or more contiguous acres of agricultural land.
(2) An owner may make an agricultural minor subdivision by submitting for recording in the County Recorder’s Office:
(a) A recordable deed containing the legal description of the agricultural minor subdivision lot; and
(b) A notice:
1. Indicating that the owner of the land to be divided is making an agricultural minor subdivision;
2. Referring specifically to UCA § 17-27a-605(4) as the authority for making the agricultural minor subdivision; and
3. Containing the legal description of:
a. The land to be divided; and
b. The agricultural minor subdivision lot.
(c) An agricultural minor subdivision lot:
1. May not be less than one acre in size;
2. May not be within 1,000 feet of another minor subdivision lot; and
3. Shall meet the requirements of the Garfield County Zoning Ordinance.
(E) Property boundary adjustments and boundary line agreements.
(1) To make a property boundary adjustment (i.e., parcel or lot line adjustment), a property owner shall meet the requirements of UCA § 17-27a-522.
(2) To execute a boundary line agreement, a property owner shall meet the requirements of UCA § 17-27a-523.
(F) Subdivision amendments. The public hearing requirement of UCA § 17-27a-608(1)(d) does not apply and the Garfield County Commission may consider at a public meeting an owner’s petition for a subdivision amendment if the petition seeks to:
(1) Join two or more of the petitioning fee owner’s contiguous lots;
(2) Subdivide one or more of the petitioning fee owner’s lots, if the subdivision will not result in a violation of this chapter or a development condition;
(3) Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join the petition, regardless of whether the properties are located in the same subdivision;
(4) On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or
(5) Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not:
(a) Owned by the petitioner; or
(b) Designated as a common area.
(G) Public right of way subdivisions. A parcel of land divided by a public (county or state) right-of-way is exempt from the subdivision plat requirements of this chapter and the owner of real property may legally subdivide the property, only as it is currently portrayed, by recording deeds at the Office of the County Recorder. Prior to recording the deeds, the exemption shall be confirmed and approved by the Sketch Plan Review Committee.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-7, passed 4-25-2022)
Statutory reference:
For state law provisions, see UCA § 17-27a-605