Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.040 General considerations.
17.05.050 Evidence of public welfare.
17.05.060 Compliance required.
17.05.110 Building and occupancy permits.
17.05.010 Short title.
This chapter shall be known and may be so cited and pleaded as the subdivision ordinance of Riverton City, Utah. Riverton City shall hereinafter be referred to as the “city.” [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-A); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-A). Code 1997 § 12-325-005-A.]
17.05.020 Purpose.
(1) To promote the health, safety, and general welfare of the residents of the city.
(2) To promote the efficient and orderly growth of the city.
(3) To provide standards for the physical development of residential subdivision and construction of improvements thereon, including, but not limited to, the design and installation of roads, streets, curbs, gutters, drainage systems, water systems, and other public facilities and utilities; dedication of land and streets; granting easements or rights-of-way and to provide for the payment of fees and other charges for the authorizing of a subdivision. [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-B); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-B). Code 1997 § 12-325-005-B.]
17.05.030 Definitions.1
“Applicant” means the owner of land proposed to be subdivided or such owner’s duly authorized agent. Any agent must have written authorization from the property owner.
“Block” means the land surrounded by streets and other rights-of-way (other than alleys), or land designated or shown as a block on any recorded subdivision plat or official map or plat adopted by the city.
“Bond agreement” means an agreement, on forms approved by the city, wherever a bond is required by this title to install improvements secured by an escrow agreement with funds on deposit in an acceptable financial institution, a surety bond issued by a bonding company licensed to do business in the state of Utah, a cash bond with the city, or other instrument as approved by the city in an amount corresponding to the city’s estimate of the cost of the public improvements to be installed.
“Building” means a structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
“Building official” means the appointed official responsible for the issuance of building permits and certificates of occupancy and for inspections of buildings under construction.
“City engineer” means the appointed official responsible for the engineering functions of the city as described in this title and in the policies and regulations of the city.
Collector Street. See “Streets.”
“Concept plan” means a sketch or concept drawing created prior to the preliminary plat for subdivisions, to enable the subdivider to demonstrate general compliance with the city’s ordinances and development regulations and policies. A concept plan is generally prepared for and is presented to the city’s development review committee as described in this title.
“Developer/subdivider” means, as the case may be:
(a) An applicant for subdivision approval;
(b) An applicant for a building permit or another issued permit;
(c) The owner of any right, title or interest in real property for which development or subdivision approval is sought.
“Development agreement” means a written contractual agreement between the city and the developer which sets forth the respective obligations of the city and the developer relative to a proposed project.
“Development review committee” means that group of persons or officials having subdivision responsibilities as outlined in this title. The committee includes, but is not limited to, representatives from the planning, engineering, public works, administration and fire departments or any other agency or entity that the city deems necessary or appropriate.
“Easement” means authorization by a property owner for the use by another, and for a specified purpose, such as utilities and irrigation ditches, of any designated part of the owner’s property. An easement may be for use under, on the surface or above the owner’s property. Generally, unless specified otherwise, permanent structures may not be erected upon any easement.
“Fee schedule” means the list or appendix of fees adopted periodically by the governing body that sets forth various fees charged by the city.
“Final plat” means a map of a subdivision prepared for final approval and recordation, that has been accurately surveyed so that streets, alleys, blocks, lots and other divisions thereof can be identified, and meeting any other requirements of this title or the Utah Code.
“Flag lot” means a lot that has an irregular shape that results in access provided to the bulk of the lot by means of a narrow corridor.
“Flood, 10-year” means a flood having a 10 percent chance of being equaled or exceeded in any given year.
“Floodplain, 100-year” means that area adjacent to a drainage channel which may be inundated by a 100-year flood as designated on the most recent Flood Insurance Rate Map published by the Federal Emergency Management Agency.
“General plan” means the comprehensive, long-range strategic plan for the future of the city and includes elements such as future land uses, transportation, housing, storm drainage, culinary water, secondary water, economic development, capital facilities plan and intergovernmental coordination.
“Greenbelt” is similar to a linear park that may or may not serve as an interlinking trailway or may serve as a buffer to agricultural practices. The greenbelt is generally a public right-of-way serving as visual and physical break between other land uses.
“Gross density” means a calculation of the number of lots per acre located within the entire subdivision area.
“Incompatible land uses” means any agricultural, rural residential, or commercial land uses which abut a residential use; any commercial use that abuts a rural residential use; or any commercial use that abuts an agricultural use.
“Lot” means a parcel or tract of land within a subdivision and abutting a public street, including such open spaces as are arranged and designed to be used in connection with the building according to the zone within which the lot is located.
“Minor subdivision” means a subdivision consisting of two or fewer lots.
“Natural drainage course” means an undulation in the earth where surface water runoff has etched a channel and directs water into larger watercourses.
“Net density” means the amount of buildable lots that are possible within a subdivision after the land areas needed for public rights-of-way are removed from the total acreage of the parcel.
“Parcel of land” means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same owner.
“Park strip” means the strip of land located within the public right-of-way between the sidewalk and the curb and gutter.
“Planned unit development” means a development pursuant to the regulations found in RCC Title 18, Land Use and Development.
“Planning commission” means the Riverton City planning commission.
“Planning department” means the department in the city authorized to oversee the planning and zoning functions of the city.
“Preliminary plat” means the initial formal plat of a proposed land division or subdivision and containing the information required by this title.
“Property owner” means the owner in fee simple of real property as shown in the records of the Salt Lake County recorder’s office and includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, trust, private corporation, limited liability company, public or quasi-public corporation, other entity authorized by the state of Utah, or any combination of the foregoing.
“Public improvements” means streets, curbs, gutters, sidewalks, water and sewer lines, storm drains and other similar facilities which are required to be dedicated to the city in connection with subdivision, conditional uses or site plan approval.
“Public right-of-way” means any road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right-of-way.
“Riverton City Standard Specifications and Plans Manual” means the city’s construction standard specifications and plans regarding the installation of public improvements.
“Secondary water system” means any system designed and intended to provide, transport and/or store water used for watering of crops, lawns, shrubberies, flowers and other nonculinary uses.
“Sidewalk” means a passageway for pedestrians, excluding motor vehicles.
Streets. See Chapter 18.05 RCC.
“Subdivider” means a person who:
(a) Having interest in land, causes it, directly or indirectly, to be divided into a subdivision; or
(b) Directly or indirectly sells, leases, or develops, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision; or
(c) Engages directly, or through an agent, in the business of selling, leasing or developing, or offering for sale, lease or development, a subdivision; or
(d) Is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing.
“Subdivision” means any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots or other division of land for development either in installments or on any other plans, terms or conditions. Subdivision includes: (a) the division of development of land whether by deed, metes and bounds description, lease, map, plat or other recorded instrument; and (b) divisions of land for all residential and nonresidential purposes. “Subdivision” does not include parcels that do not meet the minimum area and/or frontage requirements of the city’s zoning regulations and are solely acquired as additions to existing lots or parcels. No building permits for any main structures shall be issued by the city on such “addition” parcels because of their noncompliance with the ordinances of the city.
“Subdivision, nonstandard” means any subdivision that meets the criteria of RCC 17.05.120.
“Trail” means a dedicated path, improved or unimproved, for the passage of pedestrians, nonmotorized vehicles or equestrian-related uses.
“Utilities” includes culinary and secondary water lines and systems, pressure and gravity irrigation lines and/or ditches, sanitary sewer lines, storm drain lines, sub-drains, electric, natural gas facilities, cable television and telephone transmission lines, underground conduits and junction boxes.
“Zoning ordinance” means the city planning and zoning ordinance as presently adopted and as amended hereafter by the city council. [Ord. 15-23 § 1 (Exh. A); amended during 2011 recodification; Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-C); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-C). Code 1997 § 12-325-005-C.]
17.05.040 General considerations.
(1) Riverton City Zoning Map and General Plan. The Riverton City zoning map and general plan shall guide the use and future development of all land within the corporate boundaries of the city. The size and design of lots, the nature of utilities, the design and improvements of streets, the type and intensity of land use, and the provisions for any facilities in any subdivision shall conform to the land uses shown and the standards established in the general plan, RCC Title 18, and other applicable ordinances.
(2) Conservation of Natural Features. Trees, native land cover, wetlands, natural watercourses, and topography shall be preserved where possible. Subdivisions shall be so designed as to prevent excessive grading and scarring of the landscape in conformance with RCC Title 18. The design of new subdivisions shall consider, and relate to, existing street widths, alignments and names.
(3) Community Facilities. Community facilities, such as parks, recreation areas and transportation facilities, shall be provided in the subdivision in accordance with the general plan standards, this title, RCC Title 18, and other applicable ordinances. This title and RCC Title 18 establish procedures for the referral of information on proposed subdivisions to interested boards, bureaus, and other governmental agencies and utility companies, both private and public, so that the extension of community facilities and utilities may be accomplished in an orderly manner, coordinated with the development of this subdivision. In order to facilitate the acquisition of land areas required to implement this policy, the subdivider may be required to dedicate, grant easements over or otherwise reserve land for schools, parks, playgrounds, public right-of-way, utility easements, and other public purposes. [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-D); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-D). Code 1997 § 12-325-005-D.]
17.05.050 Evidence of public welfare.
Any proposed subdivision and its ultimate use shall be in the best interest of the public welfare and the neighborhood concerned; and the subdivider shall present evidence to this effect when requested to do so by the city. [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-E); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-E). Code 1997 § 12-325-005-E.]
17.05.060 Compliance required.
(1) Sales of Portions of Subdivision Parcels. No person shall sell, exchange, or offer to sell or exchange any parcel of land which is a part of a subdivision of a larger tract of land, or record for building purposes in the office of the county recorder any subdivision plat unless the subdivision has been approved by the city according to the provisions of this title.
(2) All Lots Subject to Ordinances. All lots, plots, or tracts of land located within a subdivision shall be subject to the provisions of this title and RCC Title 18, regardless of whether or not the tract is owned by the subdivider or a subsequent purchaser, transferor, or holder of the land. [Ord. 15-23 § 1 (Exh. A); amended during 2011 recodification; Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-F); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-F). Code 1997 § 12-325-005-F.]
17.05.070 Revocation.
(1) In the event a subdivision approval is issued in violation of any Riverton City ordinance and the Riverton City council determines that the revocation of the subdivision approval would not violate state law, the city council may, by resolution, revoke the subdivision approval.
(2) Within five days after passage of the resolution revoking the subdivision approval, the city recorder shall send a copy of the resolution to the person or entity that received the approval at his last known or registered address by certified or registered mail, return receipt requested. [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-G); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-G). Code 1997 § 12-325-005-G.]
17.05.080 Penalty.
(1) Violation of Ordinances. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any provision or section or part of this title shall be guilty of a class B misdemeanor and, upon conviction, the city shall pursue legal remedy to ensure compliance with this title, including, but not limited to, injunctory relief.
(2) Intentional Violations. Such persons, firm or corporation who intentionally violate this title shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued, or permitted by such persons, firm or corporation, and shall be punishable as herein provided. [Ord. 15-23 § 1 (Exh. A); amended during 2011 recodification; Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-H); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-H). Code 1997 § 12-325-005-H.]
17.05.090 Appeals.
Appeals may be made to the board of adjustment from any interpretation of this title or any decision, determination or requirement of the planning commission, planning director, city engineer or public works director as it relates to any subdivision application hereunder by filing with the city recorder a notice thereof in writing within 14 days after such a decision, determination or requirement is made. Such notice shall set forth in detail the action and grounds upon which the subdivider or other person deems himself or herself aggrieved. The applicant shall pay an appeal fee as provided in the city’s fee schedule.
The city recorder shall, within 15 days after receipt of a written notice of appeal, schedule the appeal for hearing before the board of adjustment. Said appeal shall occur within a reasonable time after the city recorder commences to schedule the appeal, after coordinating an acceptable date and time with the board of adjustment, the appellant, and a city representative. Such hearing may be continued by order of the board of adjustment. The appellant shall be notified of appeal hearing date at least seven days prior to the hearing. After hearing the appeal, the board of adjustment may affirm, modify or reverse the decision, determination or requirement appealed, and enter any such orders as are in harmony with the spirit and purpose of this title and RCC Title 18. The board of adjustment shall notify the appellant in writing of its ruling. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the board of adjustment. The standard of review on appeal shall not be de novo, but shall be based on a review of the record to determine whether an appealable interpretation, decision, determination, or requirement is supported by ordinance and based upon substantial evidence. [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-I); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-I). Code 1997 § 12-325-005-I.]
17.05.100 Severability.
If any section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this title. [Ord. 15-23 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-L); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-L). Code 1997 § 12-325-005-J.]
17.05.110 Building and occupancy permits.
(1) It shall be unlawful for any person to receive a building permit for any phase of development until a plat for that phase is recorded and all improvements required by the city for that phase except sidewalks and street lighting are completed to Riverton City standards, accepted by authorized city inspectors, and approved by the city council for a performance/warranty bond release. Where a bond was not initially required and posted, the city council shall approve the inspection and acceptance of improvements by authorized city inspectors, following which the developer shall post a warranty bond of 10 percent of the cost of the improvements, with cost and bonding method as stipulated by the city engineer.
Certain exceptions to this may be granted by the city council based on seasonal delays to installation of asphalt. In such situations, additional requirements may be imposed by the council.
(2) A certificate of occupancy may not be granted until all of the requirements of subsection (1) of this section have been satisfied and sidewalk and street lighting are installed, inspected, and accepted by authorized city inspectors.
(3) Building permits may be issued for model homes on a case-by-case basis once a plat has been recorded for that phase with approval of the city engineer, fire marshal, water operations director, and building official. Final residential occupancy of a model home shall only be granted once the development has satisfied the conditions in subsections (1) and (2) of this section. [Ord. 15-23 § 1 (Exh. A); Ord. 9-26-06-1 § 1 (Exh. B); Ord. 4-1-03-1 § 1; Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-M); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-M). Code 1997 § 12-325-005-M.]
17.05.120 Subdivision types.
(1) Designation of Subdivision. Where a subdivision application is accepted as complete, the planning director shall determine of which type the subdivision is, from one of the following:
(a) Minor Subdivision. Any subdivision that has three or fewer lots.
(b) Commercial Subdivision. Any subdivision that is not for the purpose of single-family residential lots.
(c) Single Stage Subdivision. Any subdivision of 20 or fewer lots which is being developed as a single phase, and does not meet the requirements of a minor subdivision.
(d) Amended Plat. Any plat having been previously recorded and applying to change the boundaries of one or more lots, change a street or right-of-way, or adding property and lots. If property is added to the amended plat, the verbiage “Amending and Extending...” shall be added.
(e) Private Lanes – Subdivision on Private Lane. Any subdivision of land which has primary access from a private lane or right-of-way.
(f) Preliminary Plats. Preliminary plats shall follow the requirements as set forth in RCC 17.10.010, including RCC 17.10.010(9), Notification.
(g) Final Plats. Final plats shall follow the requirements as set forth in RCC 17.10.020(3) and (4).
(2) Private Streets and Rights-of-Way.
(a) Public Street Systems Encouraged. Public street systems shall be encouraged for access to all residential dwelling sites. However, the city recognizes that there are cases where it is impossible or impractical to develop the lot according to normal subdivision standards. In situations where insufficient land access exists for a public street system, a conditional use for a private lane or right-of-way may be approved by the planning commission.
(b) Subdivision for Lots on Private Lanes. Subdivisions on private lanes or rights-of-way may be developed in any residential zone where at least two of the following conditions exist (subsections (4)(b)(i) or (ii) and (iii) of this section). All subdivisions on private lanes shall submit the same materials that are required for standard subdivisions and shall be approved via the process for standard subdivisions.
(i) A lot of record which is preexisting and has no frontage or adequate property to construct a public street; or
(ii) It can be demonstrated by the applicant that the property cannot be physically subdivided with public streets, either now or in the foreseeable future; and
(iii) The development does not impede the necessary access from adjoining properties as required by the master transportation plan. [Ord. 15-23 § 1 (Exh. A); Ord. 4-3-01-1 § 1 (Exh. A § 12-235-010-N); Ord. 8-17-99-1 § 1 (Exh. A § 12-325-010-N); Ord. 2-3-98-1 § 1 (Exh. A § 12-325-010-N). Code 1997 § 12-325-005-N.]
Cross-reference: Definitions, Chapter 18.05 RCC.