(A) It shall be unlawful for any person to subdivide any tract or parcel of land which is located within the county except in compliance with this chapter. No plat of any subdivision shall be recorded until it has been submitted and approved as herein. A plat shall not be approved if the County Commission determines such plat to be inconsistent with master traffic and transportation plan, land use ordinance, this code or any other state law or county ordinance.
(B) Land or lots within a proposed subdivision shall not be transferred, offered for sale or sold until a final plat of a subdivision has been recorded in accordance with this chapter and any applicable provisions of state law. Construction of any required improvements shall not be commenced until the improvements required in connection with the subdivision have been guaranteed as provided herein. Construction of any improvements related to the subdivision, including any land disturbance and/or grading, shall not be commenced until the final plat is recorded, a preconstruction meeting has been held and a grading or excavation permit has been issued for the project. Building permits shall not be issued until all required improvements related to the final subdivision have been completed, been accepted by the County Engineer as completed, the warranty period has begun and have also received written approval of from the applicable water company and the sewer district, if these utility agencies are serving the subdivision. No building permit depending on public or private water (potable), and sewer, energy facilities or fire protection shall be permitted to be issued until such facilities are fully provided and operational as determined by the county’s Building Official and other departments of the county.
(C) All lots, plots or tracts of land located within a subdivision shall be subject to this chapter whether the tract is owned by the subdivider or a subsequent purchaser, transferee, devisee or contract purchaser of the land or any other person.
(D) It shall be unlawful for any person to receive a building permit to construct a building or structure on a parcel or tract of land in a subdivision until, within the immediate vicinity of the requested permitted construction and approved phase, including at the lot in question:
(1) All underground utilities located under the street surface are installed and accepted by the county and appropriate agencies;
(2) Continuous access to the lot through the subdivision is provided by a street, acceptable to the county, with an all-weather hot mix asphalt or Portland cement concrete surface;
(3) Adequate fire protection is established by fire hydrants which are fully operational and tested in the area of the subdivision where permits are requested, if fire hydrants were required with the building and subdivision approval, and all other fire protection mechanisms are in place, per the requirements of this chapter, the adopted Fire Code and Wildland Urban Interface Code. Verification that adequate fire protection is in place pursuant to the adopted Fire Code and/or the conditions of approval required to provide adequate fire protection shall be submitted in writing by the local Fire Code Official;
(4) Culinary water is available to each proposed building location through either: A well of sufficient capacity, defined by this subchapter, which has been permitted, drilled, flowing and has received written approval from the Weber/Morgan Health Department or the state’s Department of Environmental Quality, Division of Drinking Water, as appropriate, which indicates the final approval and acceptance of the completed well as a water source; or an approved shared water system which has been approved for the subdivision and is permitted, functioning, approved by the culinary water approval authority or district, and has been issued an operating permit from the Department of Environmental Quality Division of Drinking Water;
(5) All geologic hazard study requirements are completed for the entire subdivision;
(6) Streetlights and street signs are installed, if required by the county;
(7) A performance guarantee agreement, on a form approved by the county, is executed to ensure the integrity of required improvements throughout building construction, such as curb, gutter and sidewalk, in the immediate vicinity of the lot where the building permit is requested. The performance guarantee shall only be secured through the deposit of funds with the County Treasurer in an amount required by the county’s fee schedule;
(8) No building inspections will be conducted by the county until a trash receptacle has been located onto the site of a size and nature suitable for containing all construction-related debris until the debris is removed from the site; and
(9) No building inspections will be conducted by the county until a sanitary toilet has been located onto the site for the use of construction workers. In situations where a general contractor has more than one residential dwelling unit simultaneously under construction in a subdivision plat, one toilet shall be sufficient for every ten dwellings the contractor has under construction.
(E) Until the subdivision is completed and accepted into the warranty period by the County Engineer and all appropriate agencies, the subdivider shall be responsible for the following:
(1) Maintaining roads in a manner that allows continuous access for emergency vehicles;
(2) Maintaining roadways and drainage facilities free and clear of dirt and debris which might obstruct water flow or quality of stormwater flows; and
(3) Maintaining continuous flow capacities to all hydrants in the subdivision.
(F) All improvements must be done in accordance with the following:
(1) The county’s design and construction standards;
(2) The subdivision improvement agreement between the subdivider and the county; and
(3) All other applicable county ordinances and regulations.
(G) There shall be no occupancy of any building in any zone until an occupancy permit has been issued. Furthermore, it shall be unlawful for any subdivider to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy permits will not be issued until all required improvements are completed. An occupancy permit will not be issued until the following conditions are met at the lot where an occupancy permit is requested, and all work is acceptable to the county and appropriate agencies:
(1) All necessary and required utilities are installed; e.g., culinary water lines, sanitary sewer facilities, flood control facilities, electric power and natural gas lines;
(2) Finished road surfaces are installed;
(3) All Building and Fire Code requirements are met as confirmed by the Building Official and Fire Code Official; and
(4) All county conditions of approval have been met.
(H) The property shall be free and clear from violations of the county’s regulations regarding weed control at all times.
(Prior Code, § 8-12-8) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019) Penalty, see § 155.999