10-7-7: SUBDIVISIONS (LAND DEVELOPMENT):
   A.   Scope Of Section:
      1.   Compliance Required: No person shall subdivide or otherwise develop any tract of land which is located wholly or in part within the City, except in compliance with this title, and with the development regulations adopted by the City Council.
      2.   Applicability:
         a.   No person shall sell or exchange or offer to sell or exchange any parcel of land which is any part of a development of a larger tract of land, nor offer for recording in the Office of the County Recorder any deed conveying such parcel of land, or any interest therein, unless such development has been created pursuant to and in accordance with the provisions of this title and local regulations; provided, that this title shall not apply to any lot or lots forming a part of a development created and recorded according to then applicable law prior to the effective date hereof, except as specifically provided in this title.
         b.   This title shall apply, however, to lots created prior to adoption of this title and not in compliance with then applicable law.
      3.   Approval Required: No lot within a development created and recorded prior to the effective date hereof or approved by the Planning Commission and City Council and recorded in the County Recorder’s Office under the provisions of this title, shall be further divided, rearranged, added to or reduced in area, nor shall any boundaries of any lot be altered in any manner so as to create more lots than initially recorded, or any nonconforming lot, without first obtaining the approval of the Planning Commission and the City Council.
      4.   Restricted Lots: Restricted lots are prohibited unless geotechnical design solutions to problems associated with such lots have been prepared by a qualified professional team and approved by the Planning Commission.
   B.   Intent And Purpose:
      1.   The purpose of this section and the intent of the city in its adoption is to promote the health, safety, convenience and general welfare of the present and future inhabitants of the city.
      2.   This section will accomplish this purpose by:
         a.   Providing policies, standards, requirements and procedures to regulate and control the design and improvements of all developments.
         b.   Assisting in the implementation of the objectives, policies and programs of the general plan by ensuring that all proposed developments, together with provisions for their design and improvements, are consistent with the general plan and all applicable specific plans.
         c.   Preserving and protecting, to the maximum extent possible, unique and valuable natural resources and amenities, including topographic and geologic features, beaches and natural watercourses, fish and wildlife habitats, historical and cultural places, and scenic vistas and attractions; and improving the public access to and enjoyment of such resources and amenities through the dedication or continuance of appropriate public easements thereto.
         d.   Preserving and protecting the special environmental quality and aesthetic character of all hillside and mountainous areas; preventing detrimental impacts on the soil mantle, vegetative cover and other environmental factors; reducing the hazards of life and property from fire, flood, erosion, sedimentation and soil slippage; and relating the amount of grading within a development to the slope of the natural terrain.
         e.   Encouraging the clustering of housing and building developments where subdivisions or other developments are permitted in hillside and mountainous areas, minimizing grading, preserving the natural terrain and enlarging the open spaces.
         f.   Relating land use intensity and population density to existing developments, street capacity and traffic access, the slope of the natural terrain, the availability and capacity of public facilities and utilities, and open spaces.
         g.   Providing lots of sufficient size and appropriate design for the purposes for which they are to be used.
         h.   Providing streets of adequate capacity and design for the traffic that will utilize them, and ensuring maximum safety for pedestrians and users of vehicles.
         i.   Ensuring adequate access to each building site.
         j.   Providing sidewalks, pedestrianways, bike paths, and equestrian and hiking trails for the safety, convenience and enjoyment of residents of new developments.
         k.   Providing adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting and other utilities needed for public health, safety and convenience.
         l.   Providing adequate sites for public facilities needed to serve residents of new developments.
         m.   Ensuring that costs of providing land for streets, alleys, pedestrianways, bike paths, easements and other rights of way and for the improvements therein needed to serve new developments are borne by the developer.
         n.   Preventing land which is actually or potentially dangerous by reason of flood hazard, inundation, inadequate access, inadequate water supply or fire protection, insufficient sewerage facilities or hazardous geological conditions from being developed for any use or in any manner tending to create an increased detriment to the public health, safety or welfare.
         o.   Ensuring that, insofar as possible, land is developed in a manner that will promote the public health, safety, convenience and general welfare and the physical, social and economic development of the area in conformance with the general plan, and provide access for solar and other renewable energy sources to the maximum extent possible, and encourage energy conservation through design, layout, “siting” and other techniques.
         p.   Preserving and protecting to the maximum extent possible, solar access to structures and encourage and promote/require energy conservation and the use of renewable energy sources.
         q.   Providing space for parking bays (off street parking as needed).
         r.   Providing space for bike paths and jogging trails.
   C.   Maps And Plats Required:
      1.   Content: Whenever any lands are laid out and platted, the owner of those lands shall cause an accurate map or plat to be made of them that sets forth and describes:
         a.   All parcels of ground laid out and platted, by their boundaries, course and extent, and whether they are intended for streets or other public uses, together with any areas that are reserved for public purposes; and
         b.   All blocks and lots intended for sale, by number, and their precise length and width.
      2.   Acknowledgment Required: The owner of the land shall acknowledge the map or plat before an officer authorized by law to take acknowledgment of conveyances of real estate:
         a.   The surveyor making the map or plat shall certify it.
         b.   The city council shall approve the map or plat as provided by law.
      3.   Filing And Recording: After the map or plat has been acknowledged, certified and approved, the owner of the land, under the city’s direction, shall file and record it in the county recorder’s office in the county in which the lands platted and laid out are situated.
   D.   Subdivision Approval Procedure: No one may file or record a plat of a subdivision of land in the county recorder’s office unless:
      1.   Approval Required: It has been approved by:
         a.   The city council; or
         b.   Other officers that the city council designates in an ordinance; and
      2.   Written Approval: The approvals are entered in writing on the plat by the mayor or chairperson of the city council or by other officers designated in the ordinance.
   E.   Exemptions From Plat Requirement: Any land divided for any purpose into two (2) or more parts after the passage of this title shall be subject to the provisions and regulations of this title, except:
      1.   Quarter Section Boundaries: Land divided into parcels, the smallest of which equals or exceeds one-fourth (1/4) of a standard section, the boundaries of said parcels to coincide with standard boundaries for the division of sections, i.e., one-fourth (1/4) section boundaries.
      2.   Less Than Ten Lots: In subdivisions of less than ten (10) lots, land may be sold by metes and bounds, without the necessity of recording if:
         a.   The subdivision layout has been approved in writing by the planning commission;
         b.   The subdivision is not traversed by mapped lines of a proposed street as shown in the general plan, trails as shown in the parks, trails and recreation study and plan, and does not require the dedication of any land for street or other public purposes; and
         c.   If the subdivision is located in a zoned area, each lot on the subdivision meets the frontage, width and area requirements of the zoning district in which it is located or has been granted a variance from those requirements by the hearing officer.
   F.   Dedication Of Streets And Trails:
      1.   Requirement: Maps and plats, when made, acknowledged, filed and recorded according to procedures specified in this section, operate as a dedication of all streets, trails and other public places, and vest the fee of those parcels of land in the city for the public for the uses named or intended in those maps or plats.
      2.   Nonliability For Unimproved Dedications: The dedication established by this section does not impose liability upon the city for streets, trails and other public places that are dedicated in this manner but unimproved.
   G.   Recording Final Plat: The city council shall supervise, at the direction of the owner, the recording of the final plat or map with the county recorder, which is to be done within thirty (30) calendar days of the completed approval of the final plat by the city council. The owner shall pay the expense of such recording.
   H.   Vacating Or Changing Subdivision Plat:
      1.   Routine And Uncontested Lot Line Adjustments:
         a.   Purpose: The purpose of this section is to enable routine and uncontested lot line adjustments between two (2) lots to be considered and approved administratively by the city’s development staff.
         b.   Applicability: This section applies to routine and uncontested lot line adjustments between two (2) legally existing agricultural, residential, commercial or industrial subdivision lots. Applications processed pursuant to this section shall:
            (1)   Meet all applicable zoning requirements.
            (2)   Receive the consenting signatures of all abutting property owners.
            (3)   Not affect any street right of way.
            (4)   Not create any new lots.
            (5)   Not affect any trail right of way.
         c.   General Application Contents: The application for routine and uncontested lot line adjustments shall include:
            (1)   The signatures of approval of all abutting property owners and property owners directly across any abutting streets, whether the property is in the same subdivision or not.
            (2)   Three (3) copies of a preliminary plat drawing, preliminary plat, showing the land to be subdivided, properly and accurately drawn to scale, certified as accurate by a registered land surveyor or professional engineer, and the proposed form of a deed for the lot line adjustments.
            (3)   A current ownership plat from the Davis County recorder’s office showing the entire subject area.
         d.   Fees: The petitioners shall pay an application review fee consistent with the consolidated fee schedule for the city.
         e.   City Internal Review: The development review committee shall review the application for completeness and for compliance to the regulations of this title. Upon review of the application and preliminary plat, the development review committee may either approve or deny the lot line adjustment.
         f.   Recordable Instrument: If the lot line adjustment is approved, the city recorder or designee shall record an appropriate deed or deeds with the Davis County recorder’s office containing the legal description of each new lot and stating any conditions of approval.
      2.   Petition To Change Or Vacate Subdivision Plat:
         a.   General Petition Contents:
            (1)   A complete application on forms created by the city;
            (2)   Ten (10) copies of a preliminary plat drawing showing the land to be subdivided, properly and accurately drawn to scale, certified as accurate by a registered land surveyor or professional engineer;
            (3)   One reduced eleven inch by seventeen inch (11" x 17"), or eight and one-half inch by eleven inch (81/2" x 11") copy of the preliminary plat drawing;
            (4)   The name and address, on gummed mailing labels, of the following:
               (A)   All owners, as shown in the last county assessment rolls, of the land contained in the entire original or previously amended subdivision plat and of all property owners within three hundred feet (300') of the property (excluding streets) that is the subject of the proposed plat change;
               (B)   All owners, as shown in the last county assessment rolls, of land within the subdivision plat or adjacent to any street that is proposed to be closed, vacated, altered or amended;
               (C)   The name and address of the petitioner.
            (5)   A current ownership plat from the Davis County recorder’s office showing the entire subdivision plat and notice area.
         b.   Fees: The petitioners shall pay, with the amendment petition, the appropriate fees pursuant to the consolidated fee schedule for the city.
      3.   Subdivision Amendments Not Involving Streets:
         a.   Applicability: Residential, commercial, industrial or agricultural subdivision amendments not involving the closure, vacation, alteration, addition or amendment of any street, or that cannot be processed as routine and uncontested lot line adjustments, shall be processed pursuant to this subsection.
         b.   City Internal Review:
            (1)   The community development department shall obtain comments regarding the amendment petition from all interested city departments.
            (2)   If the development review committee determines that the proposed amendment petition may have an adverse material impact on traffic, it may require the applicant to submit a professionally prepared traffic impact study prior to the hearing on the application.
            (3)   The departmental comments shall be transmitted to the petitioner.
         c.   Planning Commission Hearing:
            (1)   The planning commission shall hold a public hearing to consider the amendment petition.
            (2)   Notice of the planning commission hearing shall be mailed to all individuals and entities identified in subsection H2a(4) of this section, or its successor.
            (3)   The planning commission shall review all city departmental comments, comments from the petitioner and other individuals, and shall approve or deny the amendment petition with specific findings of fact, according to the standards for approval set forth in subsection H3d of this section.
         d.   Standards For Approval Of Amendment Petition: An amendment petition shall be approved only if it meets all of the following requirements:
            (1)   The amendment will be in the best interests of the city;
            (2)   All lots comply with all applicable zoning standards;
            (3)   All necessary and required dedications are made;
            (4)   Provisions for the construction of any required public improvements are included;
            (5)   The amendment complies with all applicable laws and regulations; and
            (6)   The amendment does not materially injure the public or any person and there is good cause for the amendment.
         e.   Appeals From Planning Commission Decision Not Involving Streets:
            (1)   If the petitioner, or any notified individual or organization disagrees with the planning commission decision, a written objection, clearly specifying the reasons therefor, shall be filed with the city within fourteen (14) days following the planning commission decision.
            (2)   The objection shall be heard before the city council, subject to the provisions of subsection H4d of this section.
         f.   Recordable Instrument: If the amendment petition is approved, the zoning administrator shall execute and record the final amended subdivision plat and such other documents as may be required shall be recorded with the Davis County recorder’s office.
      4.   Subdivision Amendments Involving Streets Or Trails:
         a.   Purpose And Authorization: If the amendment petition involves closure, vacation, alteration, addition or amendment of any street or trail, the amendment petition shall be processed pursuant to the provisions of this section.
         b.   City Internal Review:
            (1)   The community development department shall obtain comments regarding the amendment petition from all interested city departments or divisions, including, as applicable, the parks, trails, arts and recreation advisory board.
            (2)   If the development review committee determines that the proposed amendment petition may have an adverse material impact on traffic, it may require the applicant to submit a professionally prepared traffic impact study prior to the hearing on the application.
            (3)   The departmental comments shall be transmitted to the petitioner.
         c.   Planning Commission Hearing:
            (1)   The planning commission shall hold a public hearing to consider the amendment petition.
            (2)   Notice of the planning commission hearing shall be mailed to all individuals and entities identified in subsection H2a(4)(A) of this section, mailed to the record owner of each parcel that is accessed by the public street, right of way, or easement, mailed to each affected entity, published in a newspaper of general circulation, published on the Utah public notice website, and shall be posted on the subject property at least fourteen (14) days prior to the scheduled hearing.
            (3)   The planning commission shall review all city departmental comments, comments from the petitioner and other individuals and shall recommend approval or denial of the amendment petition to the city council with specific findings of fact, according to the standards for approval set forth in subsection H3d of this section.
         d.   City Council Meeting:
            (1)   The city council shall hold a public meeting to consider the amendment petition.
            (2)   The city council shall review all city departmental comments, comments from the petitioner and other individuals, the recommendation of the planning commission and shall approve or deny the amendment petition with specific findings of fact, according to the standards for approval set forth in subsection H3d of this section.
         e.   Recordable Instrument: If the amendment petition is approved by the city council, the final amended subdivision plat and such other documents as may be required shall be recorded with the Davis County recorder’s office.
   I.   Appeal From City Council Decision:
      1.   If the petitioner, or any notified individual or organization disagrees with the city council decision, a written objection, clearly specifying the reasons therefor, shall be filed with the city recorder within ten (10) days following the city council decision.
      2.   The objection shall be heard before the hearing officer at a scheduled meeting.
   J.   Restrictions For Solar And Other Energy Devices:
      1.   Regulations May Be Adopted: The city council, in order to protect and ensure access to sunlight for solar energy devices, may adopt regulations governing legislative subdivision development plans that relate to the use of restrictive covenants of solar easements, height restrictions, side yard and setback requirements, street and building orientation and width requirements, height and location of vegetation in respect to property boundary lines, and other permissible forms of land use controls.
      2.   Refusal To Approve: The city council may refuse to approve or renew any plat or subdivision plan, or dedication of any street or other ground, if the deed restrictions, covenants or similar binding agreements running with the land for the lots or parcels covered by the plat of subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the plat or subdivision.
   K.   Design Standards:
      1.   Compliance Required: All developments shall comply with the following standards unless a variance from one or more provisions of this section is approved by the city council in accordance with the variance procedure of this title.
      2.   General Standards:
         a.   The design of a development shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil and trees.
         b.   Land subject to hazardous conditions, such as slides, mudflow, rockfalls, snow avalanches, possible mine subsidence, shallow water table, open quarries, floods, and polluted or nonpotable water supplies, shall be identified and shall not be developed until the hazards have been eliminated or will be eliminated by the development and construction plans.
      3.   Lots:
         a.   No single lot shall be divided by a municipal or county boundary line.
         b.   A lot shall not be divided by a road, alley or other lot.
         c.   No wedge shaped lot shall be less than thirty feet (30') in width at the front property line, or the lot frontage required in the zoning district, whichever is larger.
         d.   Side lot lines shall be at right angles or radial to street lines, except where justified by the developer and approved by the planning commission.
         e.   All residential lots in developments shall front on a public street, or on a private street approved by the planning commission and the city council. Required frontage shall not be considered to be provided if vehicular access across the street line is prohibited. Double frontage lots are prohibited unless approved by the planning commission.
         f.   Corner lots shall be so designed as to provide for the same quality and size of building area as interior lots by such enlargement as necessary to accommodate the increased required setbacks and yards.
      4.   Street Requirements:
         a.   The street layout shall conform to the general plan of the city.
         b.   Minor streets shall be laid out to discharge through traffic.
         c.   Stub streets shall be provided where needed to connect to adjacent undeveloped land, and new streets must be provided where needed to connect to existing stub streets in adjacent developments. Not more than six (6) lots shall front on a stub street, except where a temporary cul-de-sac turnaround is provided.
         d.   Intersections of minor streets with major collector streets shall be kept to the minimum.
         e.   Minimum right of way widths for public streets shall be determined by resolution of the city council for various categories of streets, but shall in no case be less than the following:
 
Street Category
Minimum ROW
Minor arterial
80 feet
Major collector street
66 feet
Minor collector street
60 feet
Local (minor) street
50 feet
 
         f.   Minimum right of way widths for private streets shall be the same as for public streets of the same use category, unless a different width is approved in a planned unit development. The appropriate use category for a private street shall be determined by the planning commission before a building or use permit is approved along such private street.
         g.   Public street shall have roadway widths from, back of curb to back of curb, as adopted by resolution of the city council, but shall in no case be less than the following:
 
Minor arterial
62 feet
Major collector street
48 feet
Minor collector street
42 feet
Local (minor) street or frontage road
32 feet
 
         h.   Minimum roadway widths for private streets shall be the same as for public streets of the same use category, unless a different width is approved in a planned unit development.
         i.   Where no curbs are required to be installed, a minimum of six foot (6') shoulders shall be provided on each side of the street, not to exceed a two to one (2:1) slope.
         j.   No half streets are permitted unless approved by the planning commission and city council.
         k.   Dead end streets, including stub streets, shall be permitted or required by the planning commission only to provide future access to adjoining property, except for dead end street systems in cluster developments, in planned unit developments, condominium developments, or similar special projects.
         l.   The following standards apply to all temporary and permanent cul-de-sacs:
            (1)   Cul-de-sacs shall be terminated by a turnaround of not less than one hundred feet (100') in diameter, and the face of curb or pavement edge radius shall be thirty eight and one-half feet (381/2') or more.
            (2)   Temporary cul-de-sacs shall be paved with a minimum of two inches (2") of asphalt or other binder pavement.
            (3)   Permanent cul-de-sacs shall be paved with a minimum of three inches (3") of asphaltic or portland cement or other binder pavement.
            (4)   Downhill cul-de-sacs are strongly discouraged and may only be allowed if it can be demonstrated that surface drainage and street grade will be controlled in a manner acceptable by the city engineer. A surface overflow drainage outlet will be designed to protect adjacent properties in the event the curb face inlet(s) become obstructed or clogged.
            (5)   Cul-de-sac length shall be measured from the centerline of an intersecting street, excluding other cul-de-sacs, along the centerline of the cul-de-sac, to a point at the center of the closed end of the cul- de-sac.
            (6)   Residential zoning districts:
               (A)   A cul-de-sac shall not serve more than twenty (20) lots or exceed six hundred feet (600') in length.
               (B)   The planning commission may recommend to the city council, and the city council may approve, an increase to the maximum length of a cul-de-sac, up to one thousand feet (1,000') in total length, when the following conditions exist:
                  (i)   Physical conditions exist which preclude the ability to establish any other practical means of access. Such conditions may include: topography; environmentally sensitive areas such as wetlands, ponds, streams, rivers, or lakes; or manmade structures that cannot be altered, moved or relocated;
                  (ii)   Construction of a through street will result in undesired cuts and fills or will damage natural terrain or drainage; or
                  (iii)   Buildings or existing developments block access to the site, which would result in landlocked property or an inefficient development plan; and
                  (iv)   Such an exception has received a favorable recommendation from the South Davis metro fire district and the city’s development review committee.
               (C)   Exceptions to cul-de-sac length may also be subject to the following as needed:
                  (i)   Possible modified construction standards such as pavement width and cul-de-sac diameter, quantity of fire hydrants, placement of fire hydrants on alternating side of street, looped water lines, emergency egress routes or plans, drainage, pedestrian easements or other reasonable measures to ensure public safety.
            (7)   Nonresidential zoning districts:
            (A)   A cul-de-sac shall not exceed six hundred feet (600') in length. Cul-de-sacs longer than six hundred feet (600') may be recommended by the planning commission and approved by the city council if the development review committee (DRC) makes a written finding that such a cul-de- sac would better preserve the natural terrain and vegetation in the area or provide a superior street design or provide needed access to landlocked parcels.
               (B)   The planning commission may require public accessways from a cul-de-sac to provide safe circulation for pedestrians and bicyclists.
         m.   No more than four (4) streets shall enter an intersection.
         n.   Streets shall intersect at ninety degrees (90°), except where otherwise approved as necessary by the planning commission.
         o.   The centerlines of two (2) subordinate streets meeting a through street from opposite sides shall extend as a continuous line, or the centerlines shall be offset at least one hundred fifty feet (150').
         p.   Protection strips are not allowed adjacent to or on public streets and rights of way.
      5.   Street Names: Streets shall be numbered based on the adopted grid system. Streets may also be named but there shall be no duplication of street names within the area. All street names must be approved by the planning commission and shall be given to the county recorder and building official for review and recommendation prior to the approval of street names by the planning commission.
      6.   Curvature And Alignment:
         a.   To ensure adequate sight distances, street roadway line connections shall be made by horizontal curves. The minimum centerline radii for minor streets shall be one hundred feet (100') and of all other streets shall be three hundred feet (300'). On collector streets, a minimum tangent of one hundred feet (100') shall be required between a curve and street intersection; a minimum tangent of one hundred feet (100') shall be required between reverse curves.
         b.   Vertical curves shall be used at all changes of grade exceeding one percent (1%) and shall be designed to provide minimum sight distances of two hundred feet (200') for minor streets and three hundred feet (300') for all other streets, except that vertical curves for major streets shall be as determined by the current specifications of the state department of transportation.
      7.   Frontage On Major Highways: Where a residential development abuts a major highway, frontage roads may be required.
      8.   Roadbed Construction Standards For Paved Roadways For Public Streets: Minimum roadbed grading and paving for minor, collector and major streets shall be established by the city council. Reduction of such roadway grading and paving may be approved by the planning commission and city council for one-way streets, mountain developments or other justifiable design or topographical reasons.
      9.   Street Grades: All street grades shall be designed as follows:
         a.   Major collector streets shall be limited to a maximum grade of twelve percent (12%).
         b.   Minor collector streets shall be limited to a maximum grade of twelve percent (12%).
         c.   Cul-de-sacs shall terminate with a grade not to exceed three percent (3%) for the last ten feet (10') of traveled surface.
         d.   A street intersection shall have a vertical alignment such that the grade shall not exceed three percent (3%) for a minimum distance of fifty feet (50') each way from the centerline of the intersection.
         e.   Maximum grades shall be approved only when accompanied by changes to a lesser grade, and where length of that portion of that road at maximum grade is less than six hundred feet (600').
         f.   All changes in vertical alignment shall be made by vertical curves with minimum length of fifty feet (50') for local (minor) streets and one hundred feet (100') for collector streets.
         g.   Streets in mountainous terrain shall be designed at less than maximum allowable grade in order that they can be safely negotiated and that snow can be removed during winter.
      10.   Sidewalks, Curbs And Gutters: Sidewalks, curbs and gutters shall be provided on both sides of all streets to be dedicated to the public, unless approved otherwise by the planning commission and city council. Sidewalks, curbs and gutters may be required by the city council on existing streets bordering the development.
      11.   Block Standards: Block lengths shall be reasonable as approved by the planning commission, and in total design shall provide for convenient access and circulation for emergency vehicles.
      12.   Pedestrian Crosswalks: Where blocks exceed one thousand feet (1,000') in length, pedestrian rights of way of not less than ten feet (10') in width may be required by the planning commission through blocks where needed for adequate pedestrian circulation. Walk improvements (paving) of not less than five feet (5') in width shall be placed within the rights of way, when required by the planning commission.
      13.   Lot Size Standards: All lots shall conform to area requirements of any existing zoning regulations. Where no zoning regulations are in effect, density standards or minimum lot size requirements may be specified by the planning commission.
      14.   Easement Standards:
         a.   Easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of fifteen feet (15') apportioned equally in abutting properties (7.5 feet each lot).
         b.   Where front line easements are required, a minimum of seven feet (7') shall be allocated as a utility easement. Perimeter easements shall be not less than seven feet (7') in width, extending throughout the peripheral area of the development, and will be larger if required by the planning commission.
         c.   All easements shall be designed so as to provide efficient installation of utilities or street plantings. Special guying easements at corners may be required if any utilities are to be overhead. Public utility installations shall be so located as to permit multiple installations within the easements. The developer shall establish final utility grades prior to utility installations.
      15.   Utilities To Be Underground: Unless the planning commission and city council determine, upon application by the developer, and recommendation of the city engineer, that it is not feasible to do so, all power lines, telephone lines and other normally overhead utility lines shall be placed underground by the developer.
      16.   Alleys: The planning commission may approve service access to the interior of blocks where deemed to be in the public interest, in which case such alleys must be indicated in the preliminary design plans and on the final plat.
      17.   Sanitary Sewage Disposal; General Requirements:
         a.   The developer shall provide, or have provided, a piped sanitary sewerage system to the property line of every lot in the development. The sewerage system shall meet the minimum standards and requirements of the city and the regulating health department.
         b.   In all, sanitary disposal facilities for sewage shall be provided for every lot or parcel by a complete community or public sanitary system. All sewer mains shall be a minimum of eight inches (8") in diameter.
      18.   Test Procedures: Test of sanitary sewer mains, laterals and house connections shall be conducted in accordance with local and state health requirements.
      19.   Water In Sufficient Quantity To Be Obligation Of Developer:
         a.   The procurement of water, whether by purchase of water rights, water shares, exchange or service agreement, shall be the responsibility of the developer; and the water shall be provided for the use of the development in an amount sufficient to meet minimum flows of two hundred fifty (250) gallons per person, per day, plus outside irrigation and minimum static pressures of fifty (50) pounds per square inch (psi), unless it can be proved to the planning commission that a lesser amount is adequate.
         b.   However, in no event shall the quantity of water provided by the developer be less than that required to meet fire flow standards as established by the fire department and the city council, and the city council shall be given first right of refusal to purchase any excess water formerly used on the land.
      20.   Culinary Water System: The culinary water delivery system shall extend to the property line of every lot and shall be capable of delivering the flows and pressures as required. All water mains shall be a minimum of six inches (6") in diameter.
      21.   Irrigation Systems (Including Drainage Facilities):
         a.   Where an existing irrigation system consisting of open ditches is located on or adjacent to or within one hundred feet (100') of a proposed development, complete plans for relocation, piping, covering or other safety precautions shall be submitted with an application for preliminary approval of a plat.
         b.   In all developments in which the smallest lot is less than one acre, all irrigation systems shall be underground.
         c.   All pressure irrigation systems in or within one hundred feet (100') of a proposed development shall be identified and otherwise color coded as to pipe and valve color to meet state standards and regulations.
      22.   Permit Required: A conditional use permit shall be required prior to the construction of any development. Final plan approval shall constitute such conditional use permit for any development.
      23.   Landscaping Design Standards For Redwood Road:
         a.   For development along the west side of Redwood Road, the following development standards are adopted:
            (1)   The area behind the curb and gutter of Redwood Road and the property line shall include an area not less than twenty four feet (24') wide containing improved and irrigated landscaping and an eight foot (8') wide meandering asphalt multiuse trail. If any portion of the required twenty-four foot (24') landscaped area is outside the dedicated right of way, a public trail easement and street tree easement shall be dedicated to the city upon the recorded plat.
            (2)   Within the twenty-four foot (24') wide area, trees shall be planted in accordance with the requirements of Title 7, Chapter 9, Community Forestry.
            (3)   Residential developments along Redwood Road shall, in addition to complying with the requirements of chapter 11 of this title, include a solid wall, not less than six feet (6') in height as a buffer along the entire length of frontage along Redwood Road. The wall shall be constructed of masonry or other hard, permanent materials and shall be a sight obscuring wall or a combination of berms, rocks, planted materials and manmade materials that render the wall sight obscuring. Any solid walls constructed pursuant to this subsection shall also be treated with an antigraffiti treatment approved by the city.
         b.   For developments along the east side of Redwood Road, the same development standards apply except that there shall be a five foot (5') wide concrete sidewalk provided in lieu of an eight foot (8') wide meandering asphalt multiuse trail.
         c.   Landscape design shall conform to Title 10, Chapter 22, Water Efficient Landscape Standards.
   L.   Storm Drainage And Floodplains:
      1.   Required Systems: Complete drainage systems for the entire development area shall be designed by a professional engineer, licensed in the state and qualified to perform such work, and shall be shown graphically. All existing drainage features which are to be incorporated in the design shall be so identified. If the final plat is to be presented in sections, a general drainage plan for the entire area shall be presented with the first section, and appropriate development stages for the drainage system for each section indicated. All drainage plans shall meet adopted flood control standards and limit runoff to a maximum of 0.2 second-feet per acre.
      2.   Design: The drainage and floodplain systems shall be designed to:
         a.   Unimpeded Flow: Permit the unimpeded flow of natural watercourses.
         b.   Adequate Drainage: Ensure adequate drainage of all low points.
         c.   Designated Floodplain Regulations: Ensure applications of the following regulations regarding development in designated floodplains:
            (1)   Construction of buildings shall not be permitted in a designated floodway with a return frequency more often than a 100-year storm.
            (2)   Building construction may occur in that portion of the designated floodplain, as designated by FEMA, where the return frequency is between a 100-year and a maximum probable storm provided all usable floor space is constructed above the designated maximum probable flood level.
            (3)   Where flow velocities in a floodplain are generally determined to be under five feet (5') per second and maximum flood depth will not exceed three feet (3'), such uses as cultivated agriculture, nurseries, parks and recreation facilities and accessory parking may be permitted.
            (4)   Any use of land is prohibited where flooding would create a public health hazard or problem. This includes shallow wells, noncased deep wells, sanitary landfills, septic tanks and on lot sewage disposal systems, water treatment plants, and also sewage disposal systems not completely protected from inundation.
            (5)   Any contemplated floodplain encroachment or channeling shall be thoroughly analyzed and its effect on stream flow determined before such encroachment is undertaken. Any construction, dumping and filling operations in a designated floodway constitute an encroachment and must be approved by the planning commission before accomplishment.
            (6)   No lot one acre or less in area shall include any portion of a 100-year floodplain when computing the size of the lot. All lots containing more than one acre shall contain not less than forty thousand (40,000) square feet of land which is at an elevation at least two feet (2') above the elevation of the 100-year recurrence interval flood, or, where such data is not available, five feet (5') above the elevation of the maximum flood of record.
         d.   Drainage Basin: The drainage basin as a whole shall accommodate not only runoff from the development area but also, where applicable, the system shall be designed to accommodate the runoff from those areas adjacent to and “upstream” from the development itself, as well as its effects on lands downstream.
         e.   Surface Drainage Structures: All proposed surface drainage structures shall be indicated on the plans.
         f.   Construction Materials And Elevations: All appropriate designs, details and dimensions needed to clearly explain proposed construction materials and elevations shall be included in the drainage plans.
         g.   Permits: All necessary permits shall be obtained from applicable local, state and federal agencies (i.e., state engineer, U.S. army corps of engineers, state division of health, etc.).
         h.   Low Impact Development (LID):
            (1)   Low impact development (LID) is an approach to land development that uses various land planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost effective manner that helps mitigate potential environmental impacts.
            (2)   As part of the city of North Salt Lake permit, the city requires use of an LID approach, which includes the implementation of structural BMPs, where practicable, that infiltrate, evapotranspire or harvest and use stormwater for the site to protect water quality.
            (3)   All development or redevelopment that warrants compliance with the Utah general construction permit (UGCP) regulation must include an LID analysis that meets the objective of mirroring the predevelopment hydrology and meets the objective of retaining on site, with no discharge, the 0.6-inch, 24-hour rainfall event. Groundwater recharge may be considered to meet this requirement, where applicable and feasible. If meeting this retention standard is technically infeasible, a rationale shall be provided on a case by case basis for the use of an alternative design criteria.
            (4)   No LID limits are defined except designs must not negatively impact surrounding properties. The LID analysis must identify LID options considered and list the reasons why it will be incorporated or why the considered LIDs are not practical for the site use or conditions. Submit a report with stormwater calculations that summarizes the analysis and results.
            (5)   Suggested and preferred LIDs are outlined in the city’s “Stormwater Best Management Practices Handbook”.
         i.   Postconstruction Stormwater Maintenance Plan And Agreement:
            (1)   The purpose of the postconstruction stormwater maintenance plan and agreement is to control stormwater runoff and reduce pollutants in stormwater runoff after construction is complete and the developed site is in operation. This is achieved by accomplishing the following:
               (A)   Controlling erosion.
               (B)   Controlling discharge of sediment into stormwater drainage facilities or off site.
               (C)   Preventing illicit discharges into on site soils, storm drainage facilities or off site.
               (D)   Prevention of debris and garbage from entering the stormwater system.
            (2)   A postconstruction stormwater maintenance plan must be prepared and submitted with the plans for approval for all privately owned or maintained facilities that warrant compliance with the UGCP regulation. The plan shall be contained on a plan sheet of its own, rather than being a part of another plan sheet, and is to contain at least the following:
               (A)   The site plan, including vicinity map, proposed contours, permanent stormwater features, and landscaping.
               (B)   BMPs to accomplish the purpose of the plan. Examples of appropriate BMPs may include those addressing operation and maintenance of storm drainage quality control facilities, operation and maintenance of stormwater discharge control facilities, maintenance of landscaping, good housekeeping practices, etc.
               (C)   Showing the following for each BMP specified:
                  (i)   Location and extent of specified BMPs, as appropriate.
                  (ii)   Detailed schedule of execution for each specified BMP, in terms of starting time, duration, frequency, etc., as appropriate.
                  (iii)   Any information in addition to or different from that shown on the BMP fact sheets as necessary to employ the BMPs on the site.
            (3)   The owner of development that warrants compliance with the UGCP regulation must submit a signed stormwater maintenance agreement using the city of North Salt Lake agreement template. The postconstruction maintenance agreement needs to be recorded at the Davis County recorder’s office. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code; Ord. 2012-04, 2-7-2012; Ord. 2012-07, 4-30-2012; Ord. 2014-01, 1-7-2014; Ord. 2016-06, 5-17-2016; Ord. 2016-12, 8-16-2016; Ord. 2019-11, 9-17-2019; Ord. 2022-03, 6-7-2022)