A. Purpose: The purposes of this section are to:
1. Guide the future growth of the Eastern Summit County Planning District in a manner consistent with the Eastern Summit County General Plan.
2. Advance the public health, safety, and welfare of the property owners and residents who reside within the Eastern Summit County Planning District.
3. Provide development opportunities for property owners and residents to live, work, and conduct business within the Eastern Summit County Planning District.
4. To direct development to areas readily accessible to adequate access, wastewater, and other necessary public infrastructure and services.
5. Encourage development that adequately mitigates any potential adverse effects on adjacent properties.
6. Encourage clustered development to protect wetlands, riparian areas, steep slopes, ridgelines and other environmentally sensitive areas wherever practicable.
7. Provide reasonable and predictable standards of review and preview processes and achieve responsible orderly development.
8. Provide for the division of land for non-development purposes.
B. Subdivisions Consisting Of Three Or Less Lots:
1. Special Provision: When a single parcel includes multiple zones, density may be located upon the parcel in the most appropriate manner irrespective of the boundaries of the zones.
2. Submission Requirements: An application for a subdivision consisting of three (3) lots or less shall include the information set forth below. The Community Development Director may waive specific submittal requirements if it is determined that the submittal requirement(s) are not necessary to demonstrate compliance with the provisions of this chapter.
a. Completed subdivision application signed by the owner(s);
b. The payment by the applicant of the subdivision application fee;
c. The subdivision shall contain sufficient land area necessary to meet the density requirements of the zone;
d. Name and address, including telephone number, of all the owner(s), and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference;
e. One (1) copy of a survey prepared by a surveyor licensed in the State of Utah including the following information:
(1) The name of the land surveyor;
(2) Approximate true north arrow;
(3) Legal description and location of property, including citation of any existing legal rights-of-way, public and private roads, streets, irrigation ditches, water bodies, water wells, streams/rivers, structures, and/or other physical improvements affecting the property and existing covenants on the property, if any;
(4) A delineation of environmentally sensitive areas, floodplains, delineated wetlands, ridgelines, and slopes exceeding thirty percent (30%);
f. Two (2) copies (one 11" x 17" copy and one 24" x 36" copy) of the proposed final subdivision plat and one (1) electronic copy of a scaled final subdivision plat prepared by a surveyor or civil engineer licensed in the State of Utah, including:
(1) The subdivision name and date of plat creation. The subdivision name may not be the same name as any existing recorded subdivision in Summit County, Utah;
(2) The name of the land surveyor;
(3) Approximate true north arrow;
(4) The plat scale and the location and dimensions of all boundary lines of the property (expressed in feet and in decimals of a foot), the locations, dimensions, and areas of all proposed lots, rights-of-way, and easements;
(5) Consecutively numbered or lettered lots with addresses (subject to final review and approval by the County);
(6) Notation of any self-imposed plat restrictions;
(7) Signature blocks for the County Recorder, Land Use Authority, County Engineer, Public Health Officer, County Attorney, applicable fire district, local electrical power provider, local natural gas provider (if applicable), local sanitary sewer provider (if applicable), Eastern Summit County Water Conservancy Special Service District (if required per Title 2, Chapter 20), and local culinary water provider (if applicable);
(8) Notarized signatures on the plat by every person having a security interest in the property which sets forth that he/she is subordinating his/her liens to all covenants, servitude and easements imposed on the property, and all conditions of development approval proposed by the County;
(9) All monuments erected, corners, and other points established in the field;
(10) Plat notes stating that:
"Further subdivision of such lands, whether by deed, bequest, divorce, decree, or other recorded instrument, shall not result in a buildable lot until the same has been approved in accordance with the Eastern Summit County Development Code."
"The owners of property within Eastern Summit County recognize the importance of agricultural lands and operations and small rural business enterprises. It is recognized that agricultural lands and operations and rural business enterprises have unique operating characteristics that must be respected. Owners of each lot platted in this subdivision/the owner of the residence constructed upon this lot have/has been given notice and recognize(s) that there are active agriculture lands and operations and rural business enterprises within Eastern Summit County and acknowledge(s) and accept(s) that, so long as such lands and operations exist, there may be dust, noise, odor, prolonged work hours, use of roadways for the purposes of herding/moving livestock, and other attributes associated with normal agricultural operations and rural businesses."
"Water has not been approved for this site. It shall be the responsibility of each lot owner to demonstrate that water of adequate quality and quantity is available for each lot prior to the issuance of a building permit. This shall be accomplished with a memorandum of decision from the state engineer for a private well, spring or a written commitment from a municipality or private water company."
g. Following final action on the final subdivision plat which results in an approval, a current (within 30 days) preliminary title report covering all property located within the subdivision;
h. Following final action on the final subdivision plat which results in an approval, a 24" x 36" mylar of a scaled (1" = 100') final subdivision plat prepared by a surveyor or civil engineer licensed in the State of Utah, including all items listed in subsection B2f of this section.
3. Review Procedure:
a. Optional Sketch Plan: Prior to submitting a formal application for a subdivision review, an applicant may exercise the voluntary option to submit a Sketch Plan, which shall contain enough information in graphic and text form to adequately describe the applicant's intentions with regard to the proposed development. Sketch Plans shall be drawn to a convenient scale of not more than one hundred feet to an inch (1" = 100'), unless otherwise approved by the Community Development Director.
(1) Sketch Plan Review: The Community Development Director shall review the Sketch Plan and identify any relevant issues for the applicant to address with the final subdivision plat application, as well as any additional information necessary to establish the project's compliance with the standards and requirements of this chapter. A Sketch Plan may be reviewed by the Planning Commission for preliminary input at the direction of the Community Development Director or at the request of the applicant.
b. Final Subdivision Plat Review Procedure:
(1) The Community Development Director shall secure input regarding the proposed subdivision from all affected agencies and service providers including, but not limited to utility providers, the County Health Department, all applicable fire districts, and the County Public Works Department. Upon receiving such input, the Community Development Director shall prepare a staff report analyzing the proposed final subdivision plat's compliance with the review standards set forth herein and identifying any compliance-related issues related to the application.
(2) The staff report and all application submittal materials shall be forwarded to the Community Development Director. The Community Development Director shall provide notice of the proposed subdivision plat application to all adjacent property owners in the manner set forth in this chapter. Following the completion of the required noticing period, the Community Development Director shall be authorized to take final action upon the application. The Community Development Director has the discretion to refer the application to the Planning Commission pursuant to subsection B3b(3) of this section.
(3) The Community Development Director may refer any subdivision application to the Planning Commission due to the complexity of the application or the significance in change to the property or the surrounding area. The Community Development Director shall schedule the matter before the Planning Commission for a public hearing and possible action. Following the public hearing, the Planning Commission shall make a recommendation to the Community Development Director regarding an approval, approval with conditions or denial of the application.
(4) Once the final subdivision plat is approved and all applicable signatures are obtained on the final mylar, the County Attorney will review the preliminary title report for acceptability. The title report must be current (within 30 days).
(5) Upon approval of the County Attorney and once all required signatures are obtained on the final mylar, the final subdivision plat shall be recorded in the records of the County Recorder.
4. Criteria For Approval: Before a subdivision can be approved; it must conform to all of the following criteria:
a. All of the land required for the density needed to create the lots within the subdivision, including a remnant parcel, which on its own would not be large enough to qualify for any density, shall be contained within the boundaries of the final subdivision plat, and any remnant parcel shall bear a plat note stating that no density exists on such remnant parcel until such time (if ever) as the zone is changed to permit additional density rights and the remnant parcel is, if necessary, re-subdivided in accordance with this chapter; or the remnant parcel is otherwise vacated from the final subdivision plat for the purposes of a parcel boundary adjustment, which shall constitute good cause thereof under State law.
b. In the event that the parcel(s) being subdivided contain more land than that which is needed to establish the density for the subdivision, such remainder parcel(s) do not need to be included within the boundaries of the final subdivision plat if each of such remainder parcel(s) (or such number of them if contiguous) conform to the minimum size requirement of the applicable zone at the time. In such cases, a certificate executed by the County shall be recorded with the County Recorder, at the same time as the final subdivision plat is recorded, against the remainder parcel(s) located outside of the final subdivision plat stating that such remainder parcel(s) are conforming parcels pursuant to this chapter.
c. Each proposed lot shall have legal access through a recorded right-of-way or easement. The applicant shall demonstrate that adequate access to the property from a public road may be granted by the State or County, whichever is applicable.
d. Compliance with the development evaluation standards provided in chapter 2 of this title.
e. Compliance with the infrastructure standards in chapter 6 of this title.
f. The minimum lot size for new lots created through this process will meet the minimum lot size requirements for the applicable zone.
g. If the subdivision includes any land located within one hundred feet (100') of the center line of a canal, the Community Development Director shall:
(1) Within thirty (30) days after the day on which the application is filed, notify the canal company or canal operator responsible for the canal, if the canal company or canal owner has provided information under Utah Code Annotated 17-27a-211.
(2) Wait at least ten (10) days after the day on which the Community Development Director notifies a canal company or canal operator to approve, approve with conditions or reject the final subdivision plat.
h. An approval from either the Summit County Health Department or the Eastern Summit County Water Conservancy Special Service District, depending on the subdivision's type of approved wastewater system as required per Title 2, Chapter 20.
i. Proof that property taxes for the applicable property have been paid.
j. Compliance with all applicable County regulations.
C. Subdivisions Consisting Of Four Or More Lots:
1. Master Planned Development Required: In the following cases, a master planned development approval is required pursuant to section 11-4-12 of this chapter:
a. Any application to subdivide at base density resulting in four (4) or more lots or parcels.
b. Any proposal which includes the movement of density between zones on a single parcel which results in the creation of four (4) or more lots.
2. Submission Requirements: An application for subdivision consisting of four (4) or more lots shall include the information set forth below. The Community Development Director may waive specific submittal requirements if he or she determines that the submittal requirement(s) are not necessary to demonstrate compliance with the provisions of this chapter.
a. Completed subdivision application signed by the owner;
b. Subdivision application fee payment;
c. The subdivision shall contain sufficient land area necessary to meet the density requirements of the zone;
d. Name and address, including email address and telephone number, of all the owners, and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference;
e. One (1) copy of a survey prepared by a surveyor licensed in the State including the following information:
(1) The name of the land surveyor;
(2) Approximate true north arrow;
(3) Legal description and location of property, including citation of any existing legal rights-of-way, public and private roads, streets, irrigation ditches, water bodies, streams/rivers, structures, and/or other physical improvements affecting the property; including existing covenants on the property, if any;
(4) A delineation of environmentally sensitive areas, including floodplains, delineated wetlands, ridgelines and slopes exceeding thirty percent (30%);
f. Two (2) copies (one 11" x 17" copy and one 24" x 36" copy) of the proposed final subdivision plat and one (1) electronic copy of a scaled final subdivision plat prepared by a surveyor or civil engineer licensed in the State of Utah, including:
(1) The subdivision name and date of plat creation. The subdivision name may not be the same name as any existing recorded subdivision in Summit County, Utah;
(2) The name of the land surveyor;
(3) Approximate true north arrow;
(4) The plat scale and the location and dimensions of all boundary lines of the property (expressed in feet and in decimals of a foot), the locations, dimensions, and areas of all proposed lot, rights-of-way, easements; consecutively numbered or lettered lots with addresses (subject to final review and approval by the County);
(5) Notation of any required plat restrictions;
(6) Signature blocks for the County Recorder, Land Use Authority, County Engineer, Public Health Officer, County Attorney, applicable fire district, local electrical power provider, local natural gas provider (if applicable), local sanitary sewer provider (if applicable), Eastern Summit County Water Conservancy Special Service District (if required per Title 2, Chapter 20), and local culinary water provider (if applicable);
(7) Notarized signatures on the plat by every person having a security interest in the property which sets forth that he/she is subordinating his/her liens to all covenants, servitude and easements imposed on the property, and all conditions of development approval proposed by the County;
(8) All monuments erected, corners, and other points established in the field;
(9) Plat notes stating that:
"Further subdivision of such lands, whether by deed, bequest, divorce, decree, or other recorded instrument, shall not result in a buildable lot until the same has been approved in accordance with the Eastern Summit County Development Code."
The owners of property within Eastern Summit County recognize the importance of agricultural lands and operations and small rural business enterprises. It is recognized that agricultural lands and operations and rural business enterprises have unique operating characteristics that must be respected. Owners of each lot platted in this subdivision/the owner of the residence constructed upon this Lot have/has been given notice and recognizes that there are active agriculture lands and operations and rural business enterprises within Eastern Summit County and acknowledge(s) and accept(s) that, so long as such lands and operations exist, there may be dust, noise, odor, prolonged work hours, use of roadways for the purposes of herding/moving animals, and other attributes associated with normal agricultural operations and rural businesses."
"Water has not been approved for this Subdivision. It shall be the responsibility of each Lot owner to demonstrate that water of adequate quality and quantity is available for each lot prior to the issuance of a building permit. This shall be accomplished with a memorandum of decision from the Utah Water State Engineer for a private well or a written commitment from a municipality or private company."
g. Following final action on the final subdivision plat which results in an approval, a current (within 30 days) preliminary title report covering all property located within the subdivision;
h. Following final action on the final subdivision plat which results in an approval, a 24" x 36" mylar of a scaled (1" = 100') subdivision final plat prepared by a surveyor or civil engineer licensed in the State of Utah, including all items listed in subsection C2f of this section.
3. Review Procedure:
a. Optional Sketch Plan: Prior to submitting a formal application for a subdivision review, an applicant may exercise the voluntary option to submit a Sketch Plan, which shall contain enough information in graphic and text form to adequately describe the applicant's intentions with regard to the proposed development.
Sketch Plans shall be drawn to a convenient scale of not more than one hundred feet to an inch (1" = 100'), unless otherwise approved by the Community Development Director.
(1) Sketch Plan Review: The Community Development Director shall review the Sketch Plan and identify any relevant issues for the applicant to address with the final subdivision plat application, as well as any additional information necessary to establish the proposed subdivision's compliance with the standards and regulations of this chapter. A Sketch Plan may be reviewed by the Planning Commission for preliminary input at the direction of the Community Development Director or at the request of the applicant.
b. Final Subdivision Plat Review Process:
(1) The Community Development Director shall secure input regarding the proposed subdivision from all affected agencies and service providers including, but not limited to utility providers, the County Health Department, all applicable fire districts, and County Public Works Department. Upon receiving such input, the Community Development Director shall prepare a staff report analyzing the proposed final subdivision plat's compliance with the review standards set forth in this section and identifying any compliance-related issues related to the proposal.
(2) The staff report and all application submittal materials shall be forwarded to the Community Development Director. The Community Development Director shall provide notice of the proposed final subdivision plat application to all property owners in the manner set forth in this chapter and schedule the application for a public hearing before the Planning Commission.
(3) The Planning Commission shall hold a public hearing on the proposed final subdivision plat and forward a recommendation to the County Council.
(4) The County Council shall take final action on the proposed final subdivision plat.
(5) Once the final subdivision plat is approved and all applicable signatures are obtained on the final mylar, the County Attorney will review the preliminary title report for acceptability. The title report must be current (within 30 days).
(6) Upon approval of the County Attorney and once all required signatures are obtained, the detailed final subdivision plat shall be recorded in the records of the County Recorder.
4. Criteria For Approval: Before a subdivision can be approved; it must conform to all of the following criteria:
a. All of the land required for the density needed to create the lots within the subdivision, including a remnant parcel, which on its own would not be large enough to qualify for any density, shall be contained within the boundaries of the final subdivision plat, and any remnant parcel shall bear a plat note stating that no density exists on such remnant parcel until such time (if ever) as the zone is changed to permit additional density rights and the remnant parcel is, if necessary, re-subdivided in accordance with this chapter; or the remnant parcel is otherwise vacated from the final subdivision plat for the purposes of a parcel boundary adjustment, which shall constitute good cause thereof under State law.
b. In the event that the parcel(s) being subdivided contain more land than that which is needed to establish the density for the subdivision, such remainder parcel(s) do not need to be included within the boundaries of the final subdivision plat if each of such remainder parcel(s) (or such number of them if contiguous) conform to the minimum size requirement of the applicable zone at the time. In such cases, a certificate executed by the County shall be recorded with the County Recorder, at the same time as the final subdivision plat is recorded, against the remainder parcel(s) located outside of the final subdivision plat stating that such remainder parcel(s) are conforming parcels pursuant to this chapter.
c. Each proposed lot shall have legal access through a recorded right-of-way or easement. The applicant shall demonstrate that adequate access to the property from a public road may be granted by the State or County, whichever is applicable.
d. Compliance with the development evaluation standards provided in chapter 2 of this title.
e. Compliance with the infrastructure standards in chapter 6 of this title.
f. If the subdivision includes any land located within one hundred feet (100') of the center line of a canal, the Community Development Director shall:
(1) Within thirty (30) days after the day on which the application is filed, notify the canal company or canal operator responsible for the canal, if the canal company or canal owner has provided information under Utah Code Annotated 17-27a-211.
(2) Wait at least ten (10) days after the day on which the Community Development Director notifies a canal company or canal operator to approve, approve with conditions or reject the final subdivision plat.
g. The minimum lot size for new lots created through this process will meet the minimum lot size requirements for the applicable zone.
h. An approval from either the Summit County Health Department or the Eastern Summit County Water Conservancy Special Service District, depending on the subdivision's type of approved wastewater system as required per Title 2, Chapter 20.
i. Proof that the taxes for the applicable property have been paid.
j. Compliance with all applicable County regulations.
D. Condominium Plats:
1. Plat Requirements: A plat is required in all cases which satisfy the definition of condominium. A condominium plat shall contain the information required for a Final Site Plan as identified in section 11-4-6 of this chapter. Covenants, Conditions and Restrictions for the development shall also be submitted for review by the County Attorney prior to recordation of the condominium plat.
2. Review Procedure: The review procedure for a condominium plat shall be the same as the review procedure for a final site plan, as outlined in section 11-4-6 of this chapter.
3. Issuance Of Building Permit: A building permit for condominium units can be issued following approval of the condominium plat by the Planning Commission as provided in this chapter. A building permit will be issued based upon a certified architectural plan of the building elevation and floor plans as approved by the building official.
4. Filing: All condominium plats shall be filed with the County Recorder following completion of construction and before acceptance of improvements.
E. Subdivision Plat Amendments:
1. Submission Requirements: Any request for a proposed vacation, alteration or amendment of a final subdivision plat, any portion of such final subdivision plat, or any public or private road or lot contained in such plat shall require the application for a subdivision plat amendment. An application for a subdivision plat amendment shall include the information set forth below. The Community Development Director may waive specific submittal requirements if he or she determines that the submittal requirement(s) are not necessary to demonstrate compliance with the provisions of this chapter.
a. Completed subdivision plat amendment application including a description of all proposed amendments to the final subdivision plat;
b. Proof that property taxes for the applicable property have been paid;
c. Subdivision plat amendment application fee payment;
d. Name and address, including email address and telephone number, of the owner(s), and citation of last instrument conveying title to each parcel of the property involved in the subdivision plat amendment, giving grantor, grantee, date, and land records reference;
e. The signature of each owner who consents to the subdivision plat amendment;
f. Two (2) copies (one 11" x 17" copy and one 24" x 36" copy) of the proposed subdivision plat amendment and one (1) electronic copy of a scaled final subdivision plat prepared by a surveyor or civil engineer licensed in the State of Utah, including:
(1) The subdivision plat amendment name and date of plat creation;
(2) The name of the land surveyor;
(3) Approximate true north arrow;
(4) The plat scale and the location and dimensions of all boundary lines of the property (expressed in feet and in decimals of a foot), the locations, dimensions, and areas of all proposed lot, rights-of-way, easements; and remainder parcels (if applicable);
(5) Consecutively numbered or lettered lots with addresses authorized by the County;
(6) Notation of any self-imposed plat restrictions or revisions thereof;
(7) Signature blocks for the County Recorder, Community Development Director, County Engineer, Public Health Officer, County Attorney, fire district, local power and gas providers (if applicable), local sanitary sewer provider (if applicable), Eastern Summit County Water Conservancy Special Service District (if required per Title 2, Chapter 20), and local culinary water provider (if applicable);
(8) Endorsement on the plat by every person having a security interest in the property which sets forth that he/she is subordinating his/her liens to all covenants, servitude and easements imposed on the property, and all conditions of development approval proposed by the County;
(9) All monuments erected, corners, and other points established in the field;
(10) Following final action on the subdivision plat amendment which results in an approval, a current (within 30 days) preliminary title report covering all property located within the subdivision;
(11) Following final action on the subdivision plat amendment which results in an approval, a 24" x 36" mylar of a scaled (1" = 100') final subdivision plat prepared by a surveyor or civil engineer licensed in the State of Utah, including all items listed in subsection E1f of this section.
2. Lot Combinations And Lot Line Adjustments:
a. Land Use Authority: The Community Development Director shall be the Land Use Authority for all subdivision plat amendments resulting in the combination of lots and adjusting and/or altering lot lines within a final subdivision plat.
b. Written Notice: Prior to the approval of a subdivision plat amendment the Community Development Director shall provide written notice by first class mail a minimum of ten (10) days in advance of the requested action to all affected entities.
c. Review And Decision: The Community Development Director shall take final action on an application for a subdivision plat amendment based on the standards set forth in this chapter and Utah State law. The final action shall become effective on the date that the final subdivision plat is signed by the Community Development Director.
d. Referral Of Application By Community Development Director To Planning Commission: The Community Development Director may refer any subdivision plat amendment application to the Planning Commission if the Community Development Director determines the application to be complex or to result in a significant change to the property or the surrounding area; or if a written objection against the application is received within ten (10) calendar days of the mailed notice set forth in subsection E7a of this section. The Community Development Department shall schedule the matter before the Planning Commission for a public hearing and possible action. Following the public hearing, the Planning Commission shall make a recommendation to the Community Development Director approving, approving with conditions or denying of the application.
3. Other Subdivision Plat Amendments Not Involving A Private Or Public Road:
a. Land Use Authority: The Planning Commission shall be the Land Use Authority for all subdivision plat amendments that result in building pad adjustments, subdivision title changes, plat note revisions, altering of utility easements, vacations and all other amendments that do not affect a public or private road.
b. Public Hearing: The Planning Commission shall hold a public hearing prior to taking final action on a proposed subdivision plat amendment.
4. Subdivision Plat Amendments Altering Or Vacating A Private Road:
a. Land Use Authority: The Planning Commission shall be the Land Use Authority for subdivision plat amendments involving the alteration or vacation of a private road.
b. Public Hearing: The Planning Commission shall hold a public hearing prior to taking final action on a request to alter a private road within a final subdivision plat.
5. Subdivision Plat Amendments Altering Or Vacating A Public Road:
a. Land Use Authority: The County Council shall be the Land Use Authority for subdivision plat amendments involving the alteration or vacation of a public road within a subdivision. The final action of the County Council shall be based upon compliance with State law and shall be in the form of an ordinance.
b. Public Hearing By Planning Commission: The Planning Commission shall hold a public hearing in accordance with this chapter. The Planning Commission shall forward a recommendation to the County Council.
c. Public Hearing By County Council: The County Council shall hold a public hearing in accordance to this chapter prior to taking final action on a request to alter or vacate a public road shown on a final subdivision plat.
6. Subdivision Plat Amendments Which Amount To A Re-Subdivision: Re-subdivisions shall conform to the minimum lot size within the zone, comply with all applicable regulations in chapters 2 and 3 of this title, honor existing plat note restrictions, and follow the appropriate processes in subsection B or C of this section.
7. Notice Of Public Hearings For Subdivision Plat Amendments: In the event that a public hearing is required or the Community Development Director elects to hold a public hearing, the following requirements shall apply:
a. Written Notice: The Community Development Department shall give written notice of any proposed subdivision plat amendment and associated public hearing. Notice shall be by first class mail a minimum of ten (10) calendar days in advance of the requested action to all owners of property located within the subdivision, to each owner of property within one thousand feet (1,000') from the lots being amended, and to all affected entities.
b. Private Or Public Road Vacation, Alteration, Or Amendment Notice: If the proposed subdivision plat amendment involves the vacation, alteration, or amendment of a private or public road, the Community Development Department shall give notice of the date, place, and time of the public hearing by:
(1) Mailing notice, as required in this chapter;
(2) For public roads, publishing the notice once a week for four (4) consecutive weeks before the public hearing in a newspaper of general circulation within the County.
(3) For public roads, publishing the notice on the Utah Public Notice Website.
c. Required Public Hearing Timeframe: Once a subdivision plat amendment application is filed and it is determined that a public hearing is required, the Land Use Authority shall hold the public hearing within forty five (45) days following the receipt of a complete application.
8. Waiver Of The Public Hearing Requirement For Subsection E3: At the discretion of the Community Development Director, any public hearing requirement may be waived for subdivision plat amendments if the following criteria are met:
a. The name and address and consenting signatures of all owners of record of the land contained in the entire subdivision are submitted with the application; or
b. The signatures of all owners within the subdivision acknowledging consent to the amendment are submitted with the application.
9. General Criteria:
a. Upon final approval of the subdivision plat amendment, the following signatures are required on the amended final subdivision plat:
(1) Owners: Notarized signatures of each owner of record of the portion of the final subdivision plat that is amended is required.
(2) Community Development Director: If the subdivision plat amendment results in a lot combination or lot line adjustment set forth in subsection E2 of this section, the signature of the Community Development Director is required.
(3) Planning Commission: If the subdivision plat amendment results in either the alteration or vacation of a private road in accordance with subsection E4 of this section, or the adjustment of a building pad, subdivision title change, plat note revision, and any other amendments that do not affect a public road as set forth in subsection E3 of this section, the signature of the Chair of the Planning Commission is required.
(4) County Council: If the subdivision plat amendment results in an alteration or vacation of a public road on a final subdivision plat pursuant to subsection E5 of this section, the signature of the Chair of the County Council is required.
(5) Other Signatures: The signatures of the County Recorder, County Engineer, and County Attorney are required. A signature block shall also be provided for the County Treasurer indicating that all taxes, tax notice charges, interest and penalties charged to the property have been paid. A Certificate of Consent from any and all mortgagors, lien holders, or others with a real property interest in the affected parcels is also required.
b. Once the application is approved and all applicable signatures are obtained on the amended final subdivision plat mylar, the County Attorney shall review a preliminary title report for acceptability.
c. Upon approval of the County Attorney, and once all required signatures are obtained on the mylar, the amended final subdivision plat shall be recorded in the records of the County Recorder.
10. Grounds For Vacating Or Amending A Subdivision Plat Not Involving A Private Or Public Road:
a. If the Land Use Authority is satisfied that the public interest will not be materially injured by the proposed vacation, alteration or amendment, and there is good cause for the vacation, alteration or amendment, the Land Use Authority, may vacate, alter or amend the final subdivision plat, or any portion of the final subdivision plat.
b. No subdivision plat amendment shall be approved which results in an increase in density unless the requirements set forth in subsection E6 of this section for a re-subdivision have been satisfied.
11. Grounds For Vacating Or Amending A Public Or Private Road Within A Subdivision Plat:
a. If the Land Use Authority is satisfied that there is good cause for the vacation, alteration or amendment, and the public interest or any person shall not be materially injured by the proposed vacation, alteration or amendment, the Land Use Authority may vacate, alter or amend a public or private road within a final subdivision plat.
b. No subdivision plat amendment that vacates, alters or amends a public or private road shall be approved which results in an increase in density except as provided in subsection E10 of this section.
12. Appeal: An aggrieved party may appeal the final action on a subdivision plat amendment in accordance with the appeals procedures set forth in section 11-7-16 of this title.
F. Parcel Boundary Adjustments:
1. A property owner:
a. May execute a parcel boundary adjustment by quitclaim deed or by boundary line agreement as described in Utah Code Annotated section 17-27a-522, 17-27a-523, or 57-1-45.
b. Shall record the quitclaim deed or boundary line agreement in the Office of the County Recorder.
2. A parcel boundary adjustment is not subject to the review of the Land Use Authority.
3. Creation of any new legal description through this process does not affect the status of the parcel as a conforming parcel.
G. Divisions Of Land For Non-Development Purposes:
1. A division of a parcel for agricultural activity is not a subdivision for purposes of this chapter.
2. A division of a parcel without conformance to the final subdivision plat requirements of this chapter or the certificate required by Utah Code Annotated section 17-27a-605(1), as amended, does not create a conforming parcel for purposes of this chapter. However, in conformance with Utah Code Annotated section 17-27a-605(3), as amended, such divisions of land can be recorded for purposes of conveying property ownership. (Ord. 868, 6-14-2017; amd. Ord. 868-A, 8-7-2019; Ord. 938, 5-14-2022)