Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Purpose.

16.04.020    Process.

16.04.030    Lot line adjustment.

16.04.040    Large subdivision (more than three lots).

16.04.050    Minor subdivision.

16.04.060    Vacation, replat or amendment of plats.

16.04.070    Condominium plat (record of survey plat).

16.04.080    Owner’s duty to record plat.

16.04.010 Purpose.

The purpose of this title is to:

A.    Protect and provide for the public health, safety, and general welfare of the city;

B.    Guide the future growth and development of the city, in accordance with the general plan;

C.    Provide for adequate light, air, and privacy, to secure safety from fire, flood, landslides and other geologic hazards and other dangers, and to prevent overcrowding of the land and undue congestion of population;

D.    Protect the character and the social and economic stability of all parts of the city and to encourage the orderly and beneficial development of all parts of the municipality;

E.    Protect and preserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;

F.    Guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities;

G.    Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic, throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;

H.    Establish reasonable standards of design and procedures for subdivisions, records of survey, replats, and lot line adjustments, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land;

I.    Ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision, replat, or lot line adjustment;

J.    Prevent the pollution or degradation of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; to minimize site disturbance, removal of native vegetation, and soil erosion; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land;

K.    Preserve the natural beauty and topography of the city and to insure appropriate development with regard to these natural features; and

L.    Provide for open spaces through the most efficient design and layout of the land, including the use of flexible density or cluster-type zoning in providing for minimum width and area of lots, while preserving the density of land as established in this title and Title 17 of this code. (Ord. 12-11-2001C § 3 (part), 2001)

16.04.020 Process.

This title adopts and incorporates the definitions of terms found in Chapter 17-2 and distinguishes between several processes of subdivision and land division including major/minor subdivision; record of survey (condominium plat); amendment, replat and vacation of an existing subdivision plat; and a lot line adjustment. For each of the foregoing, the process involves:

A.    Initial Contact. An applicant for a subdivision, record of survey, replat, lot line adjustment, plat vacation, alteration or amendment shall contact the planning and zoning department to discuss the scope and purpose of the proposed subdivision and the requirements of this code.

B.    Preliminary Review. The applicant shall provide planning and zoning staff drawings in sufficient detail to allow staff to review the proposal for compliance with this code and to direct the applicant to the appropriate process.

C.    Development Review Committee. Staff shall schedule review of complete proposals before the development review committee. (Ord. 12-11-2001C § 3 (part), 2001)

16.04.030 Lot line adjustment.

An applicant may relocate the common property boundary line between two adjoining lots with the consent of the record owners of both lots if the resulting lots comply with the standards of the zone and if the applicant certifies that all property tax obligations associated with the lots have been fulfilled. Planning and zoning staff will review the proposed lot line adjustment for compliance with the zone standards. The applicant may record the lot line adjustment by deed with the county recorder upon staff’s written determination that:

A.    No new dwelling lot or housing unit results from the lot line adjustment;

B.    The adjoining property owners consent to the lot line adjustment;

C.    The lot line adjustment does not result in remnant land that did not previously exist; and

D.    The adjustment does not result in violation of applicable zoning requirements. (Ord. 12-11-2001C § 3 (part), 2001)

16.04.040 Large subdivision (more than three lots).

The applicant for a large subdivision must meet with the development review committee to obtain its input and recommendation to the planning commission. The applicant shall revise its proposal based on development review committee and shall seek preliminary plat approval from the planning commission.

A.    Design Standards. The following standards apply to the design of major subdivisions:

1.    Lot Standards. All resulting lots shall comply with the lot standards for the zone district. Lots shall be perpendicular to the street. Double frontage lots are prohibited unless the city council through the recommendation of the planning and zoning commission determines that:

a.    The topography or other unusual condition exists that requires deviation from the standard; and

b.    If the rear yard is adjacent to a collector or arterial street, the applicant shall install a six-foot masonry wall or its functional equivalent, unless for aesthetic or safety reasons such requirement is waived.

2.    Street Layout.

a.    Streets shall align with and connect to existing streets on adjoining properties unless the city council after recommendation of the planning and zoning commission determines that the general plan, topography, traffic demands or other conditions make it better to depart from the system.

b.    Streets shall be laid out in a manner that reduces, to the extent possible, dead-end roads and promotes connectivity.

c.    Streets shall be laid out in a manner that provides future access to larger undeveloped and underdeveloped property. The city council, after recommendation by the planning commission, may permit the developer to dedicate an access easement across the developer’s property that shall be used by the developer of the future lot for access. The developer of the undeveloped/underdeveloped property shall use the access easement as a means of ingress/egress and shall construct the street segment necessary to connect the transportation systems of the two developments. Maintenance of the transportation system shall be the responsibility of the entity that owns the underlying property.

d.    The city council after recommendation by the planning commission may grant up to a ten percent density bonus or up to a ten percent reduction to width, depth, frontage, area, and setback requirements when the layout of future access as required herein results in a hardship for the developer.

3.    Landscaping. Along all streets, except those in the Sharon Steel zone, the developer shall install deciduous trees, two inches in caliper, for each thirty feet of frontage.

4.    Infrastructure. The subdivision shall comply with all infrastructure requirements.

5.    Private Streets. The applicant may propose private streets within the subdivision so long as the proposed street(s) include a right-of-way width of thirty-five feet, with twenty feet of pavement installed to city specifications and fire code, two and one-half feet of curb and gutter on each side and either a five-foot sidewalk adjacent to the curb on both sides or a four-foot sidewalk and a five-foot park strip on one side.

a.    Private streets shall align with and connect to existing streets, whether public or private, on adjoining properties unless the city council after recommendation of the planning and zoning commission determines that the general plan, topography, traffic demands or other conditions make it better to depart from the system.

b.    Private streets shall be laid out in a manner that reduces, to the extent possible, dead-end roads and promotes connectivity.

c.    Private streets shall be laid out in a manner that provides future access to larger undeveloped and underdeveloped property. The city council after recommendation by the planning commission may permit the developer to dedicate an access easement across the developer’s property that shall be used by the developer of the future lot for access. The developer of the undeveloped/underdeveloped property shall use the access easement as a means of ingress/egress and shall construct the street segment necessary to connect the transportation systems of the two developments. Maintenance of the transportation system shall be the responsibility of the entity that owns the underlying property.

d.    The city council after recommendation by the planning commission may grant up to a ten percent density bonus or up to a ten percent reduction to width, depth, frontage, area, and setback requirements when the layout of future access as required herein results in a hardship for the developer.

6.     Driveways. Lots which lack frontage on a public or private street, when permitted by the zoning ordinance, shall utilize access easements. Residential flag lots may share an access drive for up to two residential structures in addition to any access required by the frontage lot when the access drive is at least twenty feet wide and the units with frontage on the street have the required side setback between the unit and the driveway.

B.    Preliminary Plat Review. The applicant shall prepare and submit nine copies of a preliminary plat of the proposed subdivision. The preliminary plat shall include:

1.    Scale must be indicated on the plat. (Minimum scale: one inch equals fifty feet);

2.    All proposed streets, alleys, parks, open spaces and other offers of public dedications, showing widths and pertinent dimensions of each;

3.    North arrow facing the top or right margin;

4.    Date;

5.    Boundary dimensions and legal description;

6.    Street stubs into the subdivision;

7.    Location, width, and other dimensions of all existing or platted streets and other important features such as rail lines, water lines, exceptional topography and structures within the proposed area and within a two-hundred-foot perimeter of the subdivision;

8.    Proposed subdivision name;

9.    Name and address of the applicant, engineer or surveyor for the subdivision, owners of the land to be subdivided as well as the owners of land immediately adjacent to the subdivision.

C.    Notice. The applicant shall provide the city with two sets of typewritten address labels to all property owners within three hundred feet of the proposed subdivision to provide required public notice prior to the required public hearing and funds sufficient to cover related postage costs.

D.    Public Hearing. The planning commission shall hold a public hearing on the preliminary plat and shall recommend its approval, denial or approval with conditions to the city council.

E.    City Council/Public Hearing. The city council shall hold a public hearing within forty-five days of the planning commission’s recommendation and shall approve, deny or conditionally approve the preliminary plat.

F.    Infrastructure Requirements. Each application to subdivide must include the applicant’s commitment to bond for, provide, construct and to dedicate required public improvements. Required public improvements include but are not limited to:

1.    Streets for internal circulation, with a minimum right-of-way width of fifty feet including sidewalk, curb and gutter according to Midvale Standard Construction Specifications and Drawings and a minimum paved width of twenty-five feet;

a.    Residential. The applicant shall install four-foot wide sidewalks, to a minimum depth of four inches in a new residential subdivision. Sidewalks shall be backfilled at the lot line and shall be constructed with a two percent cross slope toward the street.

b.    Commercial. The applicant shall install sidewalks consistent with the zone standards.

2.    Off-site street improvements to mitigate demonstrated off-site impacts;

3.    Wellhead protection;

4.    On- and off-site sanitary and storm sewer lines, (including mains, manholes, lateral, clean-outs, and treatment capacity sufficient to satisfy peak demand of the subdivision (i.e., duty to serve letter);

5.    Water lines and wet water rights and availability (i.e., duty to serve letter);

6.    Street signs are required on all roads interior to the development;

7.    Fire hydrants; and

8.    Street lighting consistent with the lighting standards for the zone.

G.    Final Subdivision Plat Review. Upon planning commission recommendation and city council approval of the preliminary plat, the applicant shall prepare a final plat linen or mylar, which accurately reflects each and every planning commission and council-imposed requirement including the applicant’s offer and dedication of public lands. No subdivision shall be approved until final council action on the final plat, which plat shall include:

1.    Scale must be indicated on the plat. (Minimum scale: one inch equals fifty feet);

2.    One linen/mylar and four paper copies with dimensions of twenty-two inches by thirty-four inches, with one-half-inch border on each side and one eight-and-one-half-by-eleven-inch copy;

3.    All proposed streets, alleys, parks, open spaces and other offers of public dedications, showing widths and pertinent dimensions as well as points of intersection of each;

4.    North arrow facing the top or right margin;

5.    Date on each sheet;

6.    Boundary dimensions and legal description of the subdivision and each lot therein which close within 0.010 with point of beginning clearly labeled;

7.    Legend of symbols;

8.    All survey monuments and proposed hydrant locations;

9.    Streets indicating numbers and/or names and lots numbered consecutively;

10.    Location, width, centerlines bearings and curve data (including delta angle, radius, length, tangent and the long chord on curves) and other dimensions of all existing proposed or platted streets and easements;

11.    Similar description of important features such as rail lines, water lines, exceptional topography and structures within the proposed area and within a two-hundred-foot perimeter of the subdivision. Water system features must appear on the plat;

12.    Streets, lots and properties within two hundred feet surrounding the subdivision shown in ghost lines;

13.    Proposed subdivision name;

14.    Standard approved as to form letters for:

a.    Surveyor’s stamped certificate with subdivision boundary legal description;

b.    Owner’s dedication signed by all owners;

c.    Salt Lake Valley health department approval;

d.    Planning and zoning commission approval;

e.    City council approval and acceptance;

f.    City attorney approval as to form;

g.    City engineer’s approval; and

h.    County recorder’s certificate;

15.    Name and address of the applicant, engineer or surveyor for the subdivision, owners of the land to be subdivided as well as the owners of land immediately adjacent to the subdivision;

16.    A note indicating the existence of institutional controls or other environmental regulations in areas where such controls or regulations are in effect.

H.    Inspections. City staff shall inspect the subdivision development during construction through its completion to verify the applicant’s compliance with the terms of subdivision approval and to assure that public improvements are installed to city specifications.

I.    Public Improvements Bond. The applicant shall bond for one hundred percent of the value of all required public improvements as determined by the city engineer.

J.    Adoption of Final Subdivision Plat. Upon the applicant’s provision of a tax clearance, indicating that all taxes, interest, and penalties owing on the land have been paid, compliance with this chapter and its finding that the proposed plat is consistent with the general plan, the city council may approve a final subdivision plat as provided above. (Ord. 8/7/2007O-10 § 1 (Exh. A) (part), 2007; Ord. 5/1/2007O-6 § 1 (Exh. A), 2007; Ord. 8/10/2004O-25 § 1(1), 2004; Ord. 12-11-2001C § 3 (part), 2001)

16.04.050 Minor subdivision.

An applicant may subdivide one lot into two or three lots in the same manner as a major subdivision (Section 16.04.040) except as follows:

A.    Public Hearing. The planning commission shall hold a public hearing on the subdivision application and shall recommend its approval, denial or modification to the city council.

B.    City Council/Public Hearing. The city council shall hold a public hearing on the subdivision and shall approve, deny or condition approval. (Ord. 12-11-2001C § 3 (part), 2001)

16.04.060 Vacation, replat or amendment of plats.

Upon the applicant’s provision of a tax clearance, indicating that all taxes, interest, and penalties owing on the land have been paid, and a finding of consistency with the general plan, the city council may, on its own motion, or pursuant to a petition, approve, deny or condition any proposed vacation, alteration or amendment of a subdivision plat, lot or private alley contained in a subdivision plat.

A.    Petition. A petition to vacate, alter or amend a plat shall include:

1.    The name and address of all owners of record of the land contained in the entire plat;

2.    The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended;

3.    All information required in Section 16.04.040(B); and

4.    The signature of each of these owners who consents to the petition. A petition that lacks the consent of all owners may not be scheduled for consideration at a public hearing before the legislative body until the notice required by this part is given. The petitioner shall pay the cost of the notice.

B.    Notice. If the city proposes to vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, or if the petition lacks the consent of all record owners, the planning commission shall consider the issue at a public hearing after giving the notice required below.

1.    Notice Required (No Vacation). Notice of an amendment which does not include the vacation of a public right-of-way shall be by mail to each owner of property located within three hundred feet of the property that is the subject of the proposed plat change, addressed to the owner’s mailing address appearing on the rolls of the county assessor of the county in which the land is located, including:

a.    A statement that anyone objecting to the proposed plat change must file a written objection to the change within ten days of the date of the notice;

b.    A statement that if no written objections are received by the responsible body or officer within the time limit, no public hearing will be held; and

c.    The date, place, and time when a hearing will be held, if one is required, to consider a vacation, alteration, or amendment without a petition when written objections are received or to consider any petition that does not include the consent of all land owners.

2.    Notice Required (Vacation). If the proposed change involves the vacation, alteration, or amendment of a street, the applicant shall adhere to the procedures as outlined in Resolution 12/14/1999, and the city shall give notice of the date, place, and time of the hearing by:

a.    Mailing notice as required in subsection A of this section; and

b.    Publishing the notice seven days before the hearing in a newspaper of general circulation

C.    Planning Commission Action. The planning commission shall offer a recommendation on the petition to the city council within thirty days of its referral.

D.    Council Hearing. The city council shall hold a public hearing within forty-five days of the planning commission’s recommendation if:

1.    The plat change includes the vacation of a public street or alley;

2.    Any owner within the plat notifies the city in writing of their objection within ten days of required notice; or

3.    At least one owner in the subdivision has not signed the revised plat.

E.    Grounds for Vacating or Changing a Plat. The city council may approve a petition to vacate or change a plat if it finds:

1.    Neither the public nor a person will be materially injured by the proposed vacation, alteration or amendment; and

2.    There is good cause for the vacation, alteration or amendment. (Ord. 12-11-2001C § 3 (part), 2001)

16.04.070 Condominium plat (record of survey plat).

Each application for condominium shall follow the process detailed in Section 16.04.040 and shall submit draft condominium declarations and a record of survey, consistent with Section 57-8-10 of the Utah Code Annotated, to the reasonable satisfaction of the city attorney. (Ord. 12-11-2001C § 3 (part), 2001)

16.04.080 Owner’s duty to record plat.

The owner(s) of an acknowledged, certified and approved plat shall record the plat in the county recorder’s office. An applicant’s failure to record a plat within one year of its execution shall render the plat void. (Ord. 12-11-2001C § 3 (part), 2001)