TITLE 11
SUBDIVISION REGULATIONS
SUBDIVISION REGULATIONS
CHAPTER 1
GENERAL PROVISIONS
GENERAL PROVISIONS
SECTION:
11-1-1: Short Title
11-1-2: Purpose And Authority
11-1-3: Definitions And Applicability
11-1-4: Jurisdiction And Penalty
11-1-5: Severability (Effect)
11-1-6: General Responsibilities
11-1-7: Site Preparation Work Prohibited
11-1-8: Incomplete Application
11-1-9: Effective Period Of A Subdivision Plat
The Lewiston City Council adopts this title pursuant to the Municipal Land Use, Development, and Management Act, title 10, chapter 9a, Utah Code Annotated, 1953, for the purposes set forth therein. This title is established to promote the health, safety and welfare of residents of Lewiston City and to provide for the orderly subdivision of land within the incorporated area of Lewiston, Utah. (Ord. 13-01, 4-16-2013)
For the purposes of this title all terms shall have the same definition as provided by section 10-9a-103, Utah Code Annotated, 1953, as amended, and those in title 10, chapter 7 of this Code. In the event of a conflict in interpretation between the Utah Code and this title, the Utah Code shall prevail. The following terms used in this title shall have the respective meanings hereinafter set forth:
BLOCK: A piece of land surrounded by streets or other rights-of-way other than an alley or land which is designed as a block on any recorded subdivision plat.
COLLECTOR STREET: A street which carries traffic from all areas to the major street system.
CROSSWALK AND WALKWAY: A right-of-way designated for use by pedestrians and not intended for use by motor vehicles of any kind.
CUL-DE-SAC: A street having one open end and being terminated at the other end by a vehicular turnaround.
DRIVEWAY: A private roadway the use of which is limited by persons residing, employed or otherwise using or visiting the lot on which the roadway is located.
EASEMENT: The quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public.
ENVIRONMENTAL IMPACT ASSESSMENT: A report which describes by means of written narrative as well as maps a geological area in terms of existing: slope, soils, watercourses, water table, flood hazard areas, geologic hazards, vegetative types, wildlife, wildlife habitat, and available urban services (i.e., electricity, gas, roads, schools, culinary water, sewage facilities, police and fire protection).
FEEDER STREET: A street existing or proposed which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.
FINAL PLAT: A subdivision map prepared in accordance with the provisions of this title that is accurately surveyed and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified, and which is designated to be placed on record in the Office of the County Recorder.
LOT: A portion of the subdivision or parcel of land intended as a unit for building development or transfer of ownership.
MAJOR STREET: A street, existing or proposed, which serves or is intended to serve as a major traffic way, as a controlled access highway, major street parkway or by other equivalent term to identify those streets comprising the basic structure of the street plan.
MASTER PLAN: A plan including maps or reports or both which has been approved by the City Council and the Planning Commission, which helps to establish lines of current and future planned streets, roads, highways, etc., as provided in Utah Code Annotated section 10-9a-301 et seq. The terms "Master Plan", "Comprehensive Plan" and "General Plan" are synonymous.
MINOR STREET: A street, existing or proposed, which is supplementary to a collector or major street and of limited continuity, which serves or is intended to serve the local needs of a neighborhood.
OFFICIAL MAP: Any map adopted by the City Council under the provision of Utah Code Annotated section 10-9a-301 et seq.
OWNER: Means and refers to the person, corporation, partnership or other entity in which is vested the fee simple unencumbered title of the property to be subdivided, unless otherwise clearly indicated, and shall include the plural as well as the singular.
PARCEL: A contiguous quantity of land, in the possession of or owned by, or recorded as the property of, the same claimant, person or owner, and bearing one County tax number.
SUBDIVIDE (And Any Derivative Thereof): Shall have reference to the term "subdivision", as herein defined.
SUBDIVIDER: One who subdivides a parcel of land and may also be referred to as a developer.
SUBDIVISION: Any land that is divided, resubdivided, or proposed to be divided into two (2) or more lots, plots, parcels, sites, units, or other division of land after May 4, 1970, for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
SUBDIVISION, MAJOR: A subdivision containing six (6) or more lots.
SUBDIVISION, MINI: A subdivision containing three (3) to five (5) lots and which does not qualify as a lot-split subdivision.
SUBDIVISION OF LAND FOR AGRICULTURAL PURPOSES: A division of a parcel into two (2) or more lots, none of which is smaller than ten (10) acres. (Ord. 13-01, 4-16-2013)
This title shall govern and apply to the subdivision, platting and recording of all lands lying within the incorporated area of Lewiston City, Utah.
A. No person shall subdivide any land, nor shall any building permit, other required development approval, or any other license or permit be issued for any lot or parcel of land which is located wholly, or in part, within the incorporated area of Lewiston City, except in compliance with this title, and all other applicable local, State and Federal laws.
B. Any plat of a subdivision, or any survey description, filed or recorded without the approvals required by this title is deemed to be void, for the purposes of development or the issuance of a building permit, as required by section 10-9a-611 et seq., Utah Code Annotated, 1953, as amended.
C. Any owner or agent of the owner of any land located in a subdivision, as defined herein, who transfers or sells any land located within the subdivision before the subdivision has been approved and recorded, in the Office of the Cache County Recorder, consistent with the requirements of this title, and applicable local, State and Federal requirements is guilty of a violation of this title, and section 10-9a-611 et seq., Utah Code Annotated, 1953, as amended, for each lot or parcel transferred or sold.
D. The description by metes and bounds in the instrument or transfer or other documents used in the process of selling or transferring lots, plots, parcels, sites, units, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions does not exempt the transaction from the requirements of this title and such action from the penalties or remedies provided by this title, or the laws of the State of Utah. (Ord. 13-01, 4-16-2013)
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