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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)
A. Purpose:
1. The purpose of this chapter is to outline the requirements and procedures for parcel line adjustments and lot line adjustments in accordance with Utah State Code and local land use regulations. The intent of this chapter is to allow owners of real property to adjust common property lines while minimizing delay and expense without the need of a subdivision plat.
B. Parcel Boundary Adjustments Not in a Recorded Subdivision
1. Approval Required. Prior to the recording of a parcel line adjustment between adjoining properties not located within a platted subdivision, the adjustment must first be approved by the Administrative Land Use Authority if the any of the properties involved includes a dwelling unit.
a. Exemption: Approval is not required prior to recording of a parcel line adjustment if the properties involved do not contain a dwelling unit.
2. Review. Application and the review of a proposed parcel line adjustment shall follow the procedures listed below:
a. Application. An applicant, either an owner of one of the properties or a representative of the owners, shall submit a complete application which shall include:
(1) Property owner(s) affidavit acknowledging the consent of each party for the proposed adjustment.
(2) Property survey(s) with all existing improvements to the properties;
(3) A legal description of the proposed parcel line and of each parcel after the boundary line is changed;
(4) A site plan or exhibit serving as a visual depiction of the parcel line adjustment;
(5) Any necessary improvement plans, agreements, or additional materials needed for review as determined by the Administrative Land Use Authority.
b. Review Procedure. Upon receipt and payment of a complete application, the Administrative Land Use Authority shall commence the review of the parcel line adjustment request. The review shall be completed, with a written response returned to the applicant, within fourteen (14) business days from the date of complete application. The reviewing parties shall review the adjustment for compliance with city zoning and public works standards.
3. Final Approval. If the proposed parcel line adjustment complies with all city ordinances and development standards, written approval shall be provided to the applicant by the City Planner or designee.
4. Recording. Upon final approval from the Administrative Land Use Authority, the applicant shall record the approved documents at the office of the Salt Lake County Recorder to complete the parcel line adjustment. The parcel line adjustment may be completed by a quitclaim deed or boundary line agreement and shall be accompanied by the following:
a. The written notice of approval of the parcel line adjustment by The City of Holladay that recites the legal descriptions of both the original parcels and the parcels resulting from the exchange of title;
b. The approved site plan or exhibit depicting the new parcel boundaries and adjacent properties if deemed necessary; and
c. Any other documents deemed necessary as part of the parcel line adjustment approval.
5. Exception. If the parcel line adjustment is creating a new parcel(s) for the purpose of constructing a dwelling unit, a subdivision plat must be approved, and the provisions of this title must be followed.
6. All parcel line adjustments shall comply with applicable state code regulations found under sections 10-9a-523 (property boundary adjustment) and 10-9a-524 (boundary line agreement). A parcel line adjustment shall follow the procedures provided herein unless exempted from local land use authority review as provided in the forementioned state code sections.
C. Lot Line Adjustments within a Recorded Subdivision:
1. Approval Required. Prior to the recording of a lot line adjustment between adjoining properties within a platted subdivision, the adjustment must first be approved by the Administrative Land Use Authority.
2. Review. Application and the review of a proposed lot line adjustment shall follow the procedures listed below:
a. Application. An applicant, either an owner of one of the properties or a representative of the owners, shall submit a complete application which shall include:
(1) Property owner(s) affidavit acknowledging the consent of each party for the proposed adjustment between the lots.
(2). Property survey(s) with all existing improvements to the lots and reference to the subdivision within which the properties are located including easements located on the lots;
(3) A legal description of each of the proposed lots after the lot line is changed including any changes to platted easements associated with the lots;
(4) A site plan or exhibit serving as a visual depiction of the lot line adjustment. Although not a plat, the site plan or exhibit shall sufficiently represent the new lots and include adjacent lots within the subdivision;
(5) Any necessary improvement plans, agreements, or additional materials needed for review as determined by the City Planner, City Engineer, or designees.
b. Review Procedure. Upon receipt and payment of a complete application, the Administrative Land Use Authority shall commence the review of the lot line adjustment request. The review shall be completed, with a written response returned to the applicant, within fourteen (14) business days from the date of complete application. The reviewing parties shall review the adjustment for compliance with city zoning and public works standards.
3. Final Approval. If the proposed lot line adjustment complies with all city ordinances and development standards, written approval shall be provided to the applicant by the City Planner or designee.
4. Recording. Upon final approval from the Administrative Land Use Authority, the applicant shall record the approved documents at the office of the Salt Lake County Recorder to complete the lot line adjustment. The lot line adjustment may be completed by quitclaim deed or boundary line agreement and shall be accompanied by the following:
a. The written notice of approval of the lot line adjustment by The City of Holladay that recites the legal descriptions of both the original lots and the lots resulting from the exchange of title;
b. The approved site plan or exhibit depicting the new lot boundaries along with adjacent lots within the subdivision; and
c. Any other documents deemed necessary as part of the lot line adjustment approval.
5. Exception. If the lot line adjustment is creating a new lot(s) or parcel(s) for the purpose of constructing a dwelling unit, a subdivision plat must be approved, and the provisions of this title must be followed.
6. All lot line adjustments shall comply with applicable state code regulations found under section 10-9a-608 (5). A lot line adjustment shall follow the procedures provided herein unless an amended plat is required per state statute.
(Ord. 2024-01, 2-1-2024)
A. Purpose and Intent: Utah Code 10-9a-605(2) exempts agricultural lands from plat requirements under the certain conditions therein.
B. Qualifications of Land for Agricultural Purposes: Agricultural land may be divided or partitioned under this Chapter only under the following circumstances:
1. The property must have been solely for agricultural use and actively devoted to agricultural use as defined by Utah Code 59-2-502 and must continue to be used solely for agricultural use in the future.
2. All of the lots or parcels must meet the minimum lot size requirements of the applicable zoning district.
C. Agricultural Partition Parcels as Buildable Lots: An agricultural partition lot is buildable for only bona-fide agricultural purposes. A parcel created in accordance with this Chapter is not considered a buildable lot for residential, commercial, industrial, or any other non-agricultural purposes.
D. Public Improvements and Infrastructure: The City shall not require any public improvements and infrastructure to be installed as a condition of approval for agricultural partitions.
E. Use of Property Created Under This Part for Non-Agricultural Purposes: If a lot or parcel created by this part is used for a non-agricultural purpose, the City shall require the lot or parcel to comply with the requirements of the Subdivision and land use provisions of the City.
F. Utilities: A Subdivision of land for utility purposes (unmanned facilities such as: substations, regulator stations, towers, etc.) creating a parcel(s) under eight thousand square feet (8,000 ft2) in size may be exempted by the Administrative Land Use Authority for certain provisions of this Title and/or provisions of City Code relating to lot size, frontage, setbacks, and improvements and infrastructure.
G. Parent Parcels: The parent parcel from which the agricultural or utility lot(s) is created shall be labeled as a remainder parcel and shall not be part of an approved Subdivision until such time as it complies with the provisions of this Title and other relevant sections of the City Code and has received the applicable land use approval(s).
(Ord. 2024-01, 2-1-2024)