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A. General Subdivision Application Contents. All applications for preliminary and final subdivision review shall be submitted to the Community Development Department and shall include the following:
1. Electronic copies in PDF format of all plans and documents required in this Chapter unless the Director determines they are not applicable. All plans shall be submitted together as one set, and all documents shall be submitted together as another set as required by the subdivision review checklist that is available from the Community Development Department.
2. Payment of all applicable fees.
3. All necessary documents, reports, maps, etc., as required for developments located within an Overlay Zone.
B. Preliminary Subdivision Application Contents. An application for preliminary subdivision review shall comply with all applicable City Code, and shall include the following information:
1. Document Set. The following shall be submitted in the document set:
a. General Development Application Form with property owner signature, and a project description narrative.
b. Preliminary title report prepared by a title company. The title report shall have an “effective date” that is no more than three (3) months old at the time the preliminary subdivision application is submitted. The title report legal description shall match exactly the boundary description on the proposed recording plat.
c. Preliminary Storm Water Analysis Report according to the requirements identified in Holladay City Standard Specifications.
d. Infiltration Report according to the requirements identified in Holladay City Standard Specifications. Infiltration shall be measured in the field at the same location and depth as the proposed retention (or infiltration) facility using the double ring infiltrometer test.
e. Geotechnical Investigation Report according to the requirements identified in Holladay City Standard Specifications.
f. Traffic Impact Study or Trip Generation Report prepared by a certified professional transportation engineer.
g. Any other documents related to the development that the City may reasonably require and those shown in other applicable Chapters.
2. Electronic Plan Set. The subdivision plan set shall be drawn to a standard engineer’s scale and formatted to a print size of 24 inches by 36 inches. The scale must be indicated on each sheet and shall not be less than one-inch equals 60 feet. The following shall be included in the plan set:
a. The preliminary plat shall include information from the subdivision plat template (available from the Community Development Department) and contain the following:
(1) Date, scale, and arrow indicating north drawn on each sheet.
(2) The proposed name of the subdivision as approved by the Salt Lake County Recorder’s Office.
(3) The names and contact information of the property owners, the developer, and the engineer or surveyor of the proposed subdivision.
(4) The names of current owners, and the property lines of all parcels or lots immediately adjoining the proposed subdivision.
(5) The subdivision boundary lines showing the proper bearings and dimensions, which lines shall be of heavier line weight than any other lines on the drawing and which shall be referenced to two monuments.
(6) The boundary lines, dimensions, and legal description of the parcel to be subdivided, including public and private streets with centerline descriptions.
(7) The bearings, dimensions, and square footage of each lot.
(8) The bearings, dimensions, and locations of existing and proposed easements.
(9) The location and dimensions of existing and proposed secondary water systems (including ditches and canals).
(10) A Certificate of Survey with a metes and bounds description, the signature of a land surveyor licensed in the State of Utah, and the land surveyor’s seal.
(11) A notice of all covenants, conditions, and other restrictions which may be relevant and applicable to the property contained within the final plat.
(12) An Owners Dedication with signature lines for all property owners and others who may have a financial interest in the subdivision acknowledged by a notary public, as required by the Salt Lake County Recorder’s Office and Holladay City.
(13) A signature block for appropriate signatures from the following: The Land Use Authority, Salt Lake Valley Health Department, City Engineer, and Chief Engineer of Public Utilities Department, Director of Parks and Recreation Department, City Attorney, and the Mayor with attestation by the City Recorder.
(14) Other signature approval blocks as may be needed or as required by Utah Code.
(15) All requirements of the Natural Hazards overlays, including, but not limited to, location of known earthquake faults, floodplains and their respective zones, hillside slopes greater than 30 percent, etc.
(16) A clear delineation of any common, limited common and private areas when shared ownership applies to the plat, such as property ownership associations, condominium plats and planned unit developments.
(17) Tabulations showing:
(A) Total number of acres in the proposed development.
(B) Total number of lots or units.
b. Record of Survey that was filed with the Salt Lake County Surveyor’s Office for this property.
c. Site Plan overlayed with the proposed plat showing the dimensions and locations of all existing and proposed improvements and structures, and all topographical and environmental features as required by the Sensitive Area Overlay, within and adjacent to the plat boundaries. A notation shall be made as to whether the existing structures within and adjacent to the plat will remain or be demolished.
d. Storm Water Drainage Plan meeting requirements in Holladay City Standard Specifications. These plans include, but are not limited to, required design details and information of existing and proposed post-construction storm water quality facilities, retention and detention facilities, culverts, ditches, drainpipes, and invert elevations of storm water drainage pipes at proposed connections points.
e. Grading Plan showing existing and proposed contour lines at two-foot intervals, excavations, fills, grading, and limits of disturbance. Existing contours shall extend a minimum of 25 feet beyond the property line.
f. Roadway Plan, road profiles and typical road sections that include the location, widths, centerline descriptions, and names of all existing and proposed public and private streets, alleys,
g. access easements, trails, or other public ways within or directly adjacent to the property; and other important features, such as railroad rights-of-ways, and City boundary lines.
h. Utility plan that includes the location of existing and proposed utility easements, fire hydrants, streetlights, water mains and services, sanitary sewers, and stormwater facilities.
i. Master plan showing how undeveloped property adjacent to the proposed subdivision could be developed, by showing the location of the subdivision as it forms part of a larger developable area with a conceptual future street system and lot layout.
j. Any other plans related to the development that the City may reasonably require and those shown in other applicable Chapters.
C. Final Subdivision Application Contents. An application for final subdivision review shall comply with all applicable City Code, and shall include the following information:
1. Document Set. The document set shall contain all the information from preliminary review with the following additional information:
a. A written response to all corrections and redlines from preliminary review.
b. Title report prepared by a title company that coincides with the owners’ signatures on the final plat. The title report shall have an “effective date” that is no more than three (3) months old at the time the final subdivision application is submitted. The title report legal description shall match exactly the boundary description on the proposed recording plat.
c. Documents evidencing conveyances or consents from property owners within the subdivision when such are required by law.
d. Final Storm Water Analysis Report according to the City Engineer as per requirements identified in Holladay City Standard Specifications.
e. The proposed restrictive covenants of the Homeowners’ or Commercial Owners’ Association.
f. Any other documents related to the development that the City may reasonably require and those shown in other applicable Chapters.
2. Electronic Plan Set. The subdivision plan set shall contain all the information from preliminary review with the following additional information:
a. The entire plan set shall have the designing engineer’s State license seal stamped on all submitted plan sheets.
b. The final plat shall include:
(1) The name of the subdivision as approved by the Salt Lake County Recorder’s Office.
(2) Lot numbers, approved street names with intersection coordinates as determined by staff, and street addresses of which numbering shall be in accordance with the City street numbering system, as designated by staff.
(Ord. 2024-01, 2-1-2024)
A. General Requirements: All improvements and infrastructure related to a Subdivision shall be installed according to the requirements of the City Code and the Public Works Standards. The Subdivider shall be responsible for extending all utilities and improvements and infrastructure to the Subdivision if they are not already adjacent to or on the site including curb, gutter, and sidewalk on streets operated by the Utah Department of Transportation. When the City is to take ownership of public infrastructure and improvements, the City shall require the Subdivider to install such improvements in a manner that does not cause excessive liability or maintenance costs for the City at the convenience or advantage of the Subdivider.
B. Utilities Required: The following utilities are required to be provided by the Subdivider to each lot:
1. Culinary Water. The water source shall be provided by applicable water provider unless an alternative permanent source is approved by the City Engineer and the Salt Lake County Health Department.
2. Sewer. The sewer service shall be provided by Mount Olympus Improvement District through gravity collection lines. Public sewer lift stations are generally not permitted.
a. Public sewer lift stations may be granted by exception by the Administrative Land Use Authority and the City Engineer when a lift station is deemed clearly preferable to the interest of the City and gravity sewer is not feasible.
b. Where gravity sewer connections are greater than 500' in distance, septic tanks may be grant upon review and approval of the Salt Lake County Health Department
3. Land Drain. The land drain system must be installed in areas with shallow groundwater. If basements are eliminated and the geotechnical report can provide sufficient documentation that groundwater levels (including historical) are deep enough to eliminate the need for the land drain system, the Administrative Land Use Authority and the City Engineer may allow this requirement to be waived.
4. Electrical Power. The electrical power will be provided by Rocky Mountain Power (RMP), or their successors and all installations must follow RMP Standards.
5. Natural Gas. The natural gas service will be provided by Dominion Energy, or their successors, and all installations must follow Dominion Energy Standards.
C. Storm Water: Storm water plans shall meet the requirements of the Title 17 of this code. The City Engineer shall determine the appropriate implementation strategy for meeting the City’s storm water-related standards, using the current Capital Facilities Plan as a guide; this may include decisions regarding ownership and access to storm water ponds, and where and how the water shall flow as part of the City’s overall storm water system.
D. Storm Drainage (Canals And Ditches):
1. No ditch or canal shall be approved as suitable for the use of storm drainage water without the written permission of the appropriate ditch or canal company or of the water users for such use. No ditch or canal shall be used for stormwater unless adequately improved to handle such water as may be reasonably expected to be conveyed through the canal or ditch including, irrigation water, subdivision runoff water, and other water expected to reach such canal or ditch. Any modification to an existing canal or ditch is also subject to the review and approval of the city engineer. (Ord. 2012-15, 9-20-2012)
2. The subdivider shall work with irrigation, drainage or ditch companies as to:
a. Methods of covering, realigning or eliminating ditches or canals within or abutting the subdivision;
b. The size of pipe and culverts required; and
c. The responsibility for the periodic inspection, cleaning and maintenance of such ditches, pipes and culverts. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be approved by the community development department.
E. Canal, Ditch, Irrigation Certification Of Protection: No plats for subdivision improvements shall be approved by the city unless a “certification of protection of existing irrigation and storm drain facilities” has been completed and submitted to the city.
D. Inspections: All improvements and infrastructure shall receive inspections by the City Engineer and as necessary to verify conformance with the City Code and the Public Works Standards. Failure to obtain the necessary inspections shall result in a fine as outlined in this Title. Failure to obtain the necessary inspections may also necessitate removal and re-installation of the improvements and infrastructure at the Subdivider’s sole cost, as such removal and re-installation are determined by the City Engineer.
E. Fee in lieu of Actual Improvements: Subdivisions adjacent to a rural road or another road where the surrounding area is lacking public improvements and infrastructure may request the option to pay a fee in lieu of constructing the required improvements and infrastructure. The Administrative Land Use Authority and City Engineer may also require payment of the fee in lieu to make improvements as a part of a larger future project. An Agreement approving the payment of the fee in lieu may be approved during the Preliminary Improvement Plans Application phase by the Administrative Land Use Authority and City Engineer. Fee in lieu Agreements should only be approved when it is unreasonable or undesirable for the improvements and infrastructure to be installed with the development. The Agreement should include:
1. A calculation of the cost of the improvements not being installed.
2. For areas where the future project date is known, inflation costs at a maximum of 3% per year may be used up to the project year. For areas where the future project date is not known, inflation costs may only be included at a maximum of 3% per year for 5 years.
3. For areas where off-site improvements have already been constructed and excess capacity exists that was paid for by the city, Subdividers may “buy in” to the existing improvements to meet their requirements. A determination of available excess capacity and cost will be evaluated by the City Engineer.
(Ord. 2024-01, 2-1-2024)
A. General Requirements:
1. Access. All lots shall be accessed by a fully improved city street and shall meet the frontage requirements of the zone the subdivision is located. It shall be the responsibility of the Subdivider to provide proper road access to the Subdivision as required in the City Code, the Public Works Standards. The mere existence of a public road or right-of-way to the proposed Subdivision does not mean that adequate access exists. It shall be the Subdivider’s responsibility to construct and dedicate all public roads required by the City to provide access to the Subdivision.
2. Design Standards. All Subdivisions shall comply with the current Standards for design, construction specifications and inspection of street improvements, curbs, gutters, sidewalks, storm drainage and flood control facilities shall comply with the “Standard Details For Public Works Construction” as adopted by the city.
3. Public Infrastructure and Improvements. The City Engineer shall have authority to require adjustments to the utility plan associated with a proposed Subdivision including adjustments to the type, manner, and location of utilities. Such adjustments to the utility plan may be required to provide connectivity among developments, provide for public safety, and minimize public infrastructure maintenance and liability.
4. Additional Reports and Studies.
a. Geotechnical reports as required by the Public Works Standards and the City Engineer.
b. A traffic study may be required by the City Engineer depending on his/her judgment regarding the size of the Subdivision, complex traffic movements involved with the proposal, interaction of streets with State roads, new traffic patterns, traffic volume in or near the Subdivision, history of crashes or expected crashes in the area, general safety, or anticipated traffic delays due to the Subdivision.
c. Storm water pollution protection as required by the Public Works Standards and City Code.
d. Wetland delineation and mitigation may be required as determined by the City Engineer.
5. Preservation of Natural Conditions. The design and development of Subdivisions shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil, and trees as determined by the Administrative Land Use Authority for the Preliminary Subdivision Applications.
6. Hazards. Land subject to hazardous conditions such as slides, rock falls, faults, shallow water table, floods shall not be subdivided until complete mitigation of the hazards has been properly identified by the Technical Review Committee as per applicable provisions of this title.
B. Street Layout and Access:
1. General. All streets shall conform, as much as practicable, to the adopted General Plan, Transportation Master Plan, and the Public Works Standards.
2. Approval. Overall street layout and access shall be reviewed and approved as part of the Preliminary Subdivision Applications. The Administrative Land Use Authority shall have authority to require stub roads, additional access into the development, and adjustments to the street layout, street cross-section, and right of way widths. Such adjustments to the Subdivision plan may be required to provide connectivity among developments, provide for public safety and emergency access, minimize public infrastructure maintenance and liability, and align with the General Plan and adopted transportation plans.
3. Required Ingress/Egress Access.
a. Developments where the number of residential building units exceeds thirty (30) along a single street shall have a minimum of two (2) ingress/egress routes which are two (2) fully improved City rights-of-way. Thirty (30) residential units shall include all proposed residential units and all existing single-family buildings and lots, empty building lots, and each apartment unit located along a single road up to and including the nearest intersection with two (2) existing means of ingress/egress.
b. A development that extends more than one thousand eight hundred feet (1,800') from a connecting street must provide a second ingress/egress.
4. Exceptions. The Administrative Land Use Authority for the Preliminary Subdivision Applications may waive these access requirements for more than thirty (30) residential units with one point of improved ingress/egress when unique topographic circumstances or “landlocked” (physically restrained from other access points) from adjacent, existing developments circumstances exist. A waiver of these regulations may require additional development requirements to ensure public safety standards are met.
5. Private Rights-Of-Way. Private rights-of-way may be used for development purposes in all zoning districts subject to the following conditions:
a. Private rights-of-way shall be designed and built as per the City of Holladay Public Works Standard Drawings.
b. Private rights-of-way shall meet the provisions of the zoning district.
c. Private rights-of-way shall not be permitted if the road serves to connect other rights-of-way or subdivisions.
d. Private rights-of-way shall meet all requirements of the international fire code, appendix D.
e. All development on private rights of way of two (2) lots or more shall establish a homeowners’ association or similar organization that will be responsible for the care and maintenance of any common property or utilities. A complete set of covenants, conditions, and restrictions (CC&Rs) shall outline the care and maintenance of all private utilities, street improvements and common spaces. The CC&Rs shall also set forth the funding mechanism for that maintenance. The CC&Rs shall be recorded and run with the land.
f. An easement for all public utilities shall be provided and dedicated to the city.
g. Private Rights-Of-Way; Maintenance: The City will not be responsible in any way for maintenance or upkeep of surface improvements for private rights-of-way and does not guarantee services like mail or garbage collection will extend to the residences on such streets.
C. Trails:
1. Required. Where a proposed Subdivision includes or adjoins an existing or planned public trail system as specified or referenced in the City’s General Plan the Subdivision plat shall include and provide for the development of a public trail infrastructure in accordance with said Plan.
2. Improvements. Trails shall be developed in accordance with applicable AASHTO standards with sufficient width, and to safely accommodate two-way bicycle and pedestrian traffic along the trail corridor. In absence of applicable AASHTO standards, the Salt Lake County Trails Standards are hereby adopted and applied.
a. The Administrative Land Use Authority, when feasible, may allow the trail right-of-way to be a substitute for required sidewalk and park strip area on one side of the street right-of-way dedicated within the Subdivision.
b. All trail improvements shall be dedicated to the City or an agreed upon non-profit third party, for the operation and maintenance after final acceptance.
D. Fencing:
1. Purpose. Provide increased safety from potential dangers due to agricultural activities, water courses, high-speed traffic, and other potential dangers or hazards by requiring a barrier between potentially incompatible land uses.
2. Requirement. Fencing shall be required under the following conditions:
a. Bordering Natural and Man-Made Waterways. A six foot (6') high fence is required where the subdivision borders a canal, canal right-of-way / easement, or canal property whereon the canal is located.
(1) Fencing material shall be chain link unless otherwise approved according to provision of this section
b. Bordering Interstate. A six foot (6') high fence is required where building lots for any land use are adjacent to Interstate Highways
(1) The fencing material shall be masonry unless otherwise approved according to provision of this section
3. Other Fencing Materials. The listed material shall be required unless a different type of fencing material matches the look and feel of other adjacent fencing materials as requested by the applicant and approved by the Administrative Land Use Authority. In no case can the quality or purpose be less than the listed size and material.
4. Authority. The Administrative Land Use Authority shall have authority to implement reasonable fencing requirements for conditions other than those stated above where potential dangers are currently present or will be present after the development of the subdivision. The Administrative Land Use Authority shall also have the authority to waive the fencing requirement where its removal will not compromise safety or does not accomplish the intent of the fence.
E. Street Lighting:
1. The subdivider shall pay for all outdoor street lighting fixtures.
2. The placement and installation of street lighting shall be in accordance with the adopted Development, Design, and Construction Standards.
3. The subdivider shall be required to get power installed into the subdivision and notify the City when power is available.
4. The City is responsible for ordering the streetlights. The streetlights shall then be installed and maintained by the City’s authorized contractor.
F. Easements:
1. General Utility Easements. A minimum ten foot (10') general utility easement shall traverse the frontage(s) of each lot. The Administrative Land Use Authority may require additional easements to accommodate utility planning and future access.
G. Blocks:
1. Dedicated walkways through a block may be required where access is necessary to a point designated by the planning commission. Such walkways shall be a minimum of six feet (6') in width, but may be required to be wider where determined necessary by the planning commission. The subdivider shall surface the full width of the walkway with a concrete surface, install a chainlink fence or its equal four feet (4') high on each side and the full length of each walkway and provide, in accordance with the standards, rules and regulations, barriers at each walkway entrance to prevent the use of the walkway by any motor vehicle or by any other nonmotorized vehicle wider than four feet (4').
2. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off street parking and delivery facilities.
H. Lots and Parcels
1. The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for structures and be properly related to topography and conform to requirements set forth herein. Side lines of lots shall be approximately at right angles, or radial to the street line whenever possible and desirable.
2. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage or frontage, which would be unusable for normal purposes.
3. All lots shown on the final plat must conform to the minimum requirements of the zoning code for the zone in which the Subdivision is located, except for remainder parcels as follows:
a. May be used for agricultural purposes but shall not be eligible for habitation, commercial uses, or primary structures.
b. May not be eligible for building permits and may not be eligible for other permitted uses. All limitations and restrictions shall be clearly noted on the final plat.
c. Shall be described on the final plat; however, an exception may be granted by the City Engineer.
4. Each lot shall have frontage on an improved public road as required in the zoning code and the Public Works Standards unless a permanent private driveway, access easement or shared driveway has been approved.
5. All remnants of land left over after subdividing, shall be attached to adjacent lots or made part of the common area governed by a Community/Homeowners Association, rather than allowed to remain as unusable parcels. All lands within the boundaries of the Subdivision shall be accounted for, either as lots, right of way, or as remainder parcels.
6. Lots having double frontage shall not be approved except where necessitated by topographic or other unusual conditions or where the lots are adjacent to a road that does not permit direct access (exception: corner lots).
7. Contiguous parcels owned by different parties may be joined into one final plat, provided that all Owners join in the dedication and acknowledgments.
8. A lot shall not be divided by a city limit or county limit line. Such boundary lines shall be made at lot lines.
9. Undevelopable Parcels: Plats may designate lots which are designated as “undevelopable”. Such lots do not need to meet the minimum lot size requirements of the zone and may be retained by the subdivider with restrictive covenants or deeded to the city.
I. Utilities to be Underground
1. All utilities, including those that are normally overhead shall be placed underground in all Subdivisions. The Subdivider shall establish final utility grades prior to utilities being placed underground.
a. Exception: wireless communication equipment or where underground connection is not permitted by the Provider.
J. Protection Strips: Where subdivision streets parallel contiguous property of abutting owners, the subdivider may, upon approval of the planning commission, retain a protection strip not less than one foot (1') in width between the street and abutting property, provided that an agreement, approved by the city attorney, has been made by the subdivider, contracting to deed to the then owners of the contiguous property, the protection strip for a consideration named in the agreement. Such consideration may not be more than the fair cost of land in the protection strip, the street improvements properly chargeable to the contiguous property, plus the value of one-half (1/2) the land in the street at the time of agreement, together with interest at a fair rate from the time of agreement until the time of the subdivision of such contiguous property. One copy of the agreement shall be submitted by the city attorney to the planning commission prior to approval of the final plat. Protection strips shall not be permitted at the end of or within the boundaries of a public street or proposed public street or within any area intended for future public use. Each agreement shall be recorded against all abutting properties in the records of the Salt Lake County recorder.
(Ord. 2024-01, 2-1-2024)
A. Pre-Construction Meeting. Upon completion of the Final Plat and Improvement Plans Review Cycle and prior to commencing any construction activity, the Applicant shall schedule and attend a pre-construction meeting as required in the City’s Public Works Standards for Development, Design, and Construction.
1. If the General Contractor changes at any time during construction, an additional pre-construction meeting shall be held before additional work commences.
B. Inspections. All construction shall be subject to inspections as required in the City’s Public Works Standards for Development, Design, and Construction.
C. Improvement Completion Assurance. At any time after receiving final approval, the Applicant may post an improvement completion assurance as outlined in 13.01.100.
D. Subdivision Plat Recording:
1. After the plat has been acknowledged, certified, and approved, the City Recorder shall record the plat in the office of the County Recorder.
E. Improvements Completion Assurance and Guarantee of Performance
1. Purpose. To assure the completion of required improvements and infrastructure as required by the approved plans, Public Works Standards, and all applicable ordinances, the Subdivider shall establish a completion assurance and guarantee as per provision state in 13.01.100 of this Title.
(Ord. 2024-01, 2-1-2024)
A. Improvements and Infrastructure Required for Building Permit. No building permit shall be issued by the City unless all required improvements are installed, inspected, and approved, with the exception of sidewalk, asphalt pavement, streetlights, and street signs.
B. Improvements and Infrastructure Required for Occupancy. No occupancy permit shall be issued by the City unless all required improvements are installed, including the sidewalk along the frontage of the building lot in question, but with the exception of streetlights and street signs.
C. Conditional Acceptance of Improvements and Infrastructure. The City Engineer shall issue conditional acceptance upon the following:
1. Completion of all required improvements and infrastructure.
2. The site has been left in an orderly and clean condition following construction. Construction waste, debris, excess fill material, or any other similar material shall not be left or abandoned on the site or on other nearby properties.
3. The final plat has been recorded.
4. The Subdivider makes a written request for inspection of improvements and infrastructure for the purpose of conditional acceptance.
a. The city will generate a written punch list of items needing repair, replacement or yet to be completed.
5. Improvements and infrastructure are inspected by the City and found to be acceptable and in compliance.
a. Completion of all items identified on the punch list.
6. Reproducible as-built drawings have been submitted to and accepted by the City Engineer.
D. Warranty Period. Upon receipt of Conditional Acceptance, all required improvements and infrastructure shall be warranted by the Subdivider for a period of one (1) calendar year.
E. Final Acceptance. Following the completion of the Warranty Period, the Public Works Director shall issue final acceptance of the Subdivision improvements and infrastructure when:
1. The Subdivider makes a written request for inspection of improvements and infrastructure for the purpose of Final Acceptance.
a. The city will generate a written punch list of items needing repair or replacement.
2. Improvements and infrastructure are inspected by the City and found to be acceptable and in compliance.
a. Completion of all items identified on the punch list.
F. Release of Remaining Escrow. Upon acceptance by the City Engineer, the City’s Escrow Agent shall authorize the release of all remaining escrow monies.
(Ord. 2024-01, 2-1-2024)
A. Variances and Appeals Generally: Any Person may petition for a variance or appeal a decision pertaining to this Title to the Appeal Authority as established in 13.101 Appendix B, Land Use and Appeal Authorities.
(Ord. 2024-01, 2-1-2024)
A. Any Person, who shall transfer or sell, or cause to be transferred or sold, any lot or land in a Subdivision, which Subdivision has not been approved by the City, and recorded in the office of the County Recorder, shall be guilty of a Class B misdemeanor for each lot or parcel of land so transferred or sold, and the description of such lot or parcel of land by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring, shall not exempt the transaction from such penalties or from the remedies provided in this Title. The City may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction, or may recover the penalty by civil action in any court of competent jurisdiction, together with costs and attorney fees incurred in enforcing this Title.
B. Any Person violating any of the provisions of this Title shall be guilty of a Class B misdemeanor.
C. Any Person violating any of the provisions of this Title or the Public Works Standards or failing to obtain the necessary inspections and tests required for public improvements and infrastructure shall be assessed a fine as stated in the City’s current adopted Consolidated Fee Schedule. Fines may be applied daily and separately for each violation.
D. The City may bring an action against an Owner to require the property to conform to the provisions of this Title, the zoning ordinance, or any other applicable Law. The action may include an injunction, abatement, merger of title, or any other appropriate action or proceedings to prevent, enjoin, or abate the violation. The City need only establish the violation to obtain the injunction.
(Ord. 2024-01, 2-1-2024)
A. Vacating, Altering, or Amending a Final Plat:
1. Vacating, altering, or amending a final plat shall be done in accordance with Utah Code Annotated 10-9a-608, or its successor statute. This includes changing a Subdivision boundary, dedicated right of way, the number or layout of lots, easements, the Subdivision name, and any other aspect of a recorded final plat. If an amendment proposes significant changes to the existing Subdivision, then the Administrative Land Use Authority may require the changes to be made through the vacation of the existing final plat and/or approval of the changes being done through the process required for new Subdivisions; this should be done to ensure that significant changes receive proper review and adequate fees are obtained to cover costs to the City.
2. The Administrative Land Use Authority for vacating, altering, or amending a final plat shall be the same as that for the final plat application.
3. The city council may, by resolution, grant a petition to vacate an entire subdivision plat.
4. The city shall ensure that the council’s resolution containing a legal description of the entire vacated subdivision plat is recorded in the county recorder’s office.
B. Vacating a Street, Right of Way, or Easement
1. Vacations shall be done in accordance with Utah Code Annotated 10-9a-609.5 or its successor statute.
2. The Administrative Land Use Authority shall be the City Council.
3. Adjusting or modifying an existing street, right of way, or easement while not eliminating the street, right of way, or easement, and while still maintaining access, does not constitute a vacation.
(Ord. 2024-01, 2-1-2024)
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