Chapter 9-12
SUBDIVISIONS
SECTION:
9-12-3: EXEMPTIONS FROM PLAT NECESSITY
9-12-4: SIMPLE LOT SUBDIVISIONS
9-12-9: VACATION OR AMENDMENT OF PLATS
9-12-1 PURPOSE:
The purposes of this chapter are to:
A. Protect and provide for the public health, safety, and general welfare of Huntington City.
B. Guide the future growth and development of Huntington City, in accordance with the general plan.
C. Encourage the orderly and beneficial development of land within the municipality.
D. Protect the integrity of buildings, land and improvements, and to minimize the conflicts among the uses of land and buildings.
E. Provide a beneficial relationship between the uses of land, buildings, traffic circulation and the proper location and width of streets and building setbacks.
F. Establish reasonable standards of design and procedures for subdivisions, condominium plats, plat amendments, and lot line adjustments, in order to further the orderly layout and use of land; and to insure proper legal descriptions and recordation of subdivided land.
G. Insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
H. Encourage the wise use and management of natural resources in order to preserve the integrity, stability and aesthetics of the community.
I. Continue the rural development and variety of structural design within residential zones.
J. Provide for open spaces through the most efficient design and layout of the land, while preserving the density of land as established in the Huntington City land use code. (Ord. 1-2009, 2-18-2009)
9-12-2 PROCESS:
Chapter 12 adopts and incorporates the definitions of terms found in Chapter 6-2 and distinguishes between several processes of subdivision and land division including all subdivisions, condominium plats, plat amendments, plat vacations, and lot line adjustments. This process involves:
A. Costs: All costs incurred by the city in reviewing, approving and monitoring the subdivision process, including legal costs and engineering costs for reviewing and testing compliance, shall be assessed against the subdivider, and approval may be conditioned upon deposit of sufficient sums to cover such costs.
B. Initial Contact: An applicant for a subdivision, condominium plat, plat amendment, lot line adjustment or plat vacation shall contact the zoning administrator to discuss the scope and purpose of the application and the requirements of this chapter.
C. Preliminary Review: The applicant shall provide the zoning administrator drawings in sufficient detail to allow review of the proposal for compliance with this section and to direct the applicant to the appropriate process.
D. Administrative Review: The zoning administrator shall review each complete proposal and may seek the advice and input of other city staff, municipal departments, and/or utility providers, and city engineer. The review shall include, but not be limited to, the following:
1. Does the application meet the requirements of this code?
2. Are all the lots suitable for building?
3. Are hazardous areas or conditions present, and if so, have the conditions been abated?
4. Do all lots border public streets?
5. Is the subdivision consistent with the general plan?
6. Will the development enhance the character and aesthetics of the community?
7. Are soil samples, percolation tests, etc., necessary on this property?
E. Planning Commission Public Hearing: The planning commission shall hold a public hearing on the application to determine compliance with this zoning ordinance and recommend its approval, denial, or modification to the city council. A subdivision that does not require a mylar plat may be exempt from a public hearing.
F. City Council Public Meeting: The city council shall hold a public meeting based on the planning commission recommendation on the application, and shall approve, deny or approve with conditions. The city may impose an exaction or exactions on proposed land use development if:
1. An essential nexus exists between a legitimate governmental interest and each exaction; and
2. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
G. Definition Of Property Lines For Utility Requirements: For the purposes of chapter 12 only, the following definitions shall apply:
1. Simple And Minor Subdivisions: For purposes of water connections, the "property line" is defined as that property line of a lot or parcel of land that fronts on a dedicated street where water is existing in the street. Water will be considered at the property line in a simple and minor subdivision if it is within one hundred twenty feet (120'), either perpendicular or parallel to a property line. Connection fees will be collected when a building permit is issued to the property owner. Electricity is required to be brought to the deeded property line of each lot or parcel by the applicant. More than one lot or parcel may be serviced from one pole based on recommendations and specifications from the utility provider. A drop line must be at each lot, but a single line can feed more than one lot.
2. Subdivisions (10 Or More Lots): All city required utilities, to include electric and water, shall be required to be stubbed to each lot where meter placement would occur by the property owner. Connection fees will be collected at building permit issuance.
H. Engineering Studies: The city may require engineering studies including, but not limited to: soil samples, percolation tests, etc.
I. Developer's Costs: The developer will pay for all improvements in minor and major subdivisions, except that the city may negotiate with the developer, at the developer's request, to pay some or all of the improvements, if the subdivision falls within the city's capital improvements plan or if the city deems it is in the best interest of the general public's interests to do so. (Ord. 1-2009, 2-18-2009)
9-12-3 EXEMPTIONS FROM PLAT NECESSITY:
A. An applicant may submit to the county recorder's office for recording a document that subdivides property by metes and bounds into less than ten (10) lots if:
1. The planning commission has given the city council its recommendation, whether favorable or not; and
2. The document contains a certificate or written approval from the city council. A record of survey is still required under this process by Utah state law.
B. By indicating its approval on the document subdividing the property into less than ten (10) lots, the city council certifies that:
1. The planning commission has given its recommendation to the city council;
2. The subdivision is not traversed by the mapped lines of a proposed street as shown in the general plan and does not require the dedication of any land for street or other public purposes; and
3. If the subdivision is located in a zoned area, each lot in the subdivision meets the frontage, width and area requirements of the zoning ordinance or has been granted a variance from those requirements by the appeal authority.
C. Documents recorded in the county recorder's office that divide property by metes and bounds description do not create a subdivision allowed hereunder unless the certificate or written approval required by subsection 1, above, is attached to the document.
D. The absence of the certificate or written approval from the city council does not affect the validity of the recorded document.
E. A document which does not meet the requirements of this section may be corrected to comply with this section by recording an affidavit to which the required certificate or written approval is attached.
F. For purposes of this section:
1. “DOCUMENT” includes, but is not limited to, a deed or other written conveyance that transfers the property creating a simple lot or minor subdivision;
2. “Certificate” or “written approval” means a document signed by the mayor and city recorder, verifying that the subdivision has been approved by the city council at a regular or special meeting of the city council during which the subdivision was presented, discussed and approved.
G. The form of certificate or written approval required herein is located at the city offices entitled: "Huntington City subdivision recordation certificate". (Ord. 1-2009, 2-18-2009)
9-12-4 SIMPLE LOT SUBDIVISIONS (LESS THAN 10):
An applicant may subdivide property by metes and bounds into less than ten (10) lots or parcels provided that all proposed lots or parcels front an improved or dedicated public street and comply with the applicable zone standards. This process should be completed in the following manner: (Ord. 3-2009, 6-17- 2009)
A. An applicant shall submit an application to the zoning administrator for a simple lot subdivision that includes at a minimum:
1. The name of applicant or authorized agent and contact information;
2. A property address and parcel number;
3. The address for the subdivision;
4. The metes and bounds description of the property proposed to be divided (a surveyed plat is required by law);
5. Any other information relating to the subdivision that may be requested by the zoning administrator; and
6. The subdivision name, if applicable.
7. If subdivision exceeds three (3) lots then notice and public hearing must be held.
B. Simple lot subdivisions shall not be approved until such time as the applicant provides verification that utility hookups to each proposed lot or parcel are available.
C. Design standards set forth in chapter 13 are not applicable to a simple lot subdivision unless specifically required by the Huntington City council based on specific findings that comply with the city's general plan and land use ordinances.
D. The applicant must secure written approval from the public health department on simple lot subdivisions if it is determined that the property is not serviced by the public sewer system.
E. Upon a determination that the proposed survey plat is consistent with the general plan and upon receipt of the owners' tax clearance, and approval from the culinary water authority and irrigation authority, the city council may approve a final simple lot subdivision as provided above. (Ord. 1-2009, 2-18-2009)
9-12-5 MINOR SUBDIVISIONS (LESS THAN 10 LOTS):
An applicant may subdivide property into less than ten (10) lots or parcels provided that any proposed lots or parcels do not front on an improved public street and comply with the applicable zone standards. (Ord. 3-2009, 6-17-2009) The applicant for a minor subdivision shall submit an application form to the zoning administrator. After administrative review, the applicant shall submit a preliminary plat to the planning commission for its consideration. The applicant must comply with chapter 13 for design standards and infrastructure requirements of a subdivision. (Ord. 1-2009, 2-18-2009)
A. Concept plat review: The applicant shall prepare and submit five (5) copies of a preliminary plat of the proposed subdivision. The preliminary plat shall include:
1. A minimum scale of 1" = 50';
2. The proposed streets, alleys, parks, open spaces and other offers of public dedications showing widths and pertinent dimensions of each;
3. Existing rights of way and easement grants of record for streets, underground utilities and other public purposes;
4. A north arrow facing the top of right margin;
5. A date on each sheet;
6. The boundary dimensions and legal description of the subdivision;
7. The location, width, and other legal descriptions dimensions of all existing or platted streets and other important features such as utility lines, and exceptional topography and structures within the proposed subdivision and within a two hundred foot (200') perimeter of the proposed subdivision;
8. The proposed subdivision name;
9. The name and address of the applicant, engineer or surveyor for the subdivision and of the owners of the land to be subdivided.
B. Notice: The applicant shall provide the city with two (2) sets of typewritten address labels, together with sufficient funds to cover related postage costs, to all property owners within three hundred feet (300') of the proposed subdivision. Such notice shall be mailed at least seven (7) days prior to the planning commission's formal consideration of the preliminary plat. Notice of subdivisions for multi-residential, commercial, or industrial development shall be provided to affected entities as required under this section.
C. Planning Commission Public Hearing: The planning commission shall hold a public hearing on the preliminary plat by providing reasonable notice of the public hearing at least fourteen (14) days before the date of the public hearing. After holding a public hearing the planning commission shall determine if the application meets the requirements of this code.
D. Planning Commission Consideration: Upon review and consideration of the preliminary plat for compliance with this code, at a meeting called for such purpose, the planning commission shall recommend its approval, denial, or approval with conditions to the city council. Such decision shall be made within forty five (45) days of said meeting.
E. City Council Public Hearing: The city council shall hold a public meeting within forty five (45) days of the planning commission's recommendation and shall approve, deny or conditionally approve the preliminary plat. The council may call for a public hearing at their discretion.
F. Failure To Record: Failure to record a final plat within one year of approval of the preliminary plat by the Huntington City council shall render the preliminary plat null and void. In such case, the applicant must commence the subdivision process anew. (Ord. 1- 2009, 2-18-2009)
G. Final Subdivision Plat Review: Upon planning commission recommendation and city council approval of the preliminary plat, the applicant shall prepare and submit to the planning commission a final Mylar plat together with four (4) paper copies with dimensions of twenty four inches by thirty six inches (24" x 36"), and one eight and one-half inch by eleven inch (8 1/2" x 11") copy. The final plat shall include:
1. A minimum scale of 1" = 50';
2. The 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;
3. Existing rights of way and easement grants of record for streets, underground utilities and other public purposes;
4. A north arrow facing the top of right margin;
5. A date on each sheet;
6. The boundary dimensions and legal description of the subdivision and each lot therein, with the point of beginning clearly labeled;
7. The acreage or square footage for all parcels or lots and the length and width of the blocks and lots intended for sale;
8. A legend of symbols;
9. All survey monuments and proposed hydrant locations;
10. The streets indicating numbers and/or names and lots numbered consecutively;
11. The location, width, centerline bearings and curve data (including delta angle, radius, length, tangent and the long cord on curves) and other dimensions of all existing, proposed or platted streets and easements;
12. A similar description of important features such as utility lines and exceptional topography and structures within the proposed subdivision and within a two hundred foot (200') perimeter of the subdivision. Utility features must appear on the plat;
13. The streets, lots, and properties within two hundred feet (200') surrounding the subdivision shown in ghost lines;
14. A proposed subdivision name;
15. Approvals, acceptance and certificates:
a. Owner's dedication and acknowledgment;
b. Surveyor's stamped certificate with subdivision boundary legal description;
c. City engineer's (or designee's) approval;
d. Southeastern Utah health district sanitation approval;
e. Castle Valley special service district's certificate of approval, the culinary water authority;
f. Planning commission acceptance;
g. City council's approval as to form;
h. County recorder's certificate.
16. The name and address of the applicant, engineer, or surveyor for the proposed subdivision and owners of the land to be subdivided.
H. Approval Of Final Subdivision Plat: Upon a determination that the proposed plat is consistent with the general plan and upon receipt of the owner's tax clearance, and written approval from the culinary water authority and irrigation authority, the city council may approve a final subdivision plat as provided above.
I. Improvements: Subdivision improvements must be completed within one (1) year of recordation of the final subdivision plat, unless such time as extended by the Huntington City council. Development of an approved major subdivision may be carried out in progressive stages, in which event, each stage shall be planned and implemented in full compliance with the requirements and intent of this ordinance at the completion of each stage. Improvement requirements need not be installed beyond the approved boundary of the stage to be developed. The initial stage of a major subdivision being developed in stages shall not cover less than one (1) acre.
J. Public Improvements Security: A security arrangement shall be one of the following types as dictated by the city:
1. A bond with a surety company licensed to do business in the state of Utah; or
2. An irrevocable letter of credit with a federally insured financial institution; or
3. A cashier's check made payable only to the city; or
4. A trust or escrow account with a federally insured financial institution designating the city as beneficiary.
Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the city. The city shall not be required to pay interest to the developer on any non-interest bearing escrow account established for this purpose.
K. Inspections: The zoning administrator shall inspect the subdivision development during construction through its completion. (Ord. 1-2009, 2-18-2009)
L. 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 final plat within one year of city council approval shall render the plat null and void. In such case, the applicant must commence the subdivision process anew. (Ord. 1-2009, 2- 18-2009)
9-12-6 MAJOR SUBDIVISIONS (10 OR MORE LOTS):
The applicant for a major subdivision shall submit an application to the zoning administrator. After administrative review, the applicant shall submit a preliminary plat to the planning commission for its consideration.
The applicant must comply with chapter 13 for design standards and infrastructure requirements of a subdivision. (Ord. 1-2009, 2-18-2009)
A. Preliminary Plat Review: The applicant shall prepare and submit five (5) copies of a preliminary plat of the proposed subdivision. The preliminary plat shall include:
1. A minimum scale of 1" = 50';
2. The proposed streets, alleys, parks, open spaces and other offers of public dedications showing widths and pertinent dimensions of each;
3. Existing rights of way and easement grants of record for streets, underground utilities and other public purposes;
4. A north arrow facing the top of right margin;
5. A date on each sheet;
6. The boundary dimensions and legal description of the subdivision;
7. The location, width, and other dimensions of all existing or platted streets and other important features such as utility lines, and exceptional topography and structures within the proposed subdivision and within a two hundred foot (200') perimeter of the proposed subdivision;
8. The proposed subdivision name;
9. The name and address of the applicant, engineer or surveyor for the proposed subdivision and of the owners of the land to be subdivided.
B. Notice: The applicant shall provide the city with two (2) sets of typewritten address labels, together with sufficient funds to cover related postage costs, to all property owners within three hundred feet (300') of the proposed subdivision. Such notice shall be mailed at least seven (7) days prior to the planning commission's formal consideration of the preliminary plat. Notice of subdivisions for multi-residential, commercial, or industrial development shall be provided to affected entities as required by Utah state law.
C. Planning Commission Public Hearing: The planning commission shall hold a public hearing on the preliminary plat by providing reasonable notice of the public hearing at least fourteen (14) days before the date of the public hearing. After holding a public hearing the planning commission shall determine if the application meets the requirements of this code.
D. Planning Commission Consideration: Upon review and consideration of the preliminary plat for compliance with this code, at a meeting called for such purpose, the planning commission shall recommend its approval, denial, or approval with conditions to the city council. Such decision shall be made within forty five (45) days of said meeting.
E. City Council Public Meeting: The city council shall hold a public meeting within forty five (45) days of the planning commission's recommendation and shall approve, deny or conditionally approve the preliminary plat. The council may call for a public hearing at their discretion.
F. Failure To Record: Failure to record a final plat within one year of approval of the preliminary plat by the Huntington City council shall render the preliminary plat null and void. In such case, the applicant must commence the subdivision process anew. (Ord. 1-2009, 2-18-2009)
G. Final Subdivision Plat Review: Upon planning commission recommendation and city council approval of the preliminary plat, the applicant shall prepare and submit to the planning commission a final Mylar plat together with four (4) paper copies with dimensions of 24" x 36", and one (1) 8 1/2" x 11" copy. The final plat shall include:
1. A minimum scale of 1" = 50';
2. The 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;
3. Existing rights of way and easement grants of record for streets, underground utilities and other public purposes;
4. A north arrow facing the top of right margin;
5. A date on each sheet;
6. The boundary dimensions and legal description of the subdivision and each lot therein, with the point of beginning clearly labeled;
7. The acreage or square footage for all parcels or lots and the length and width of the blocks and lots intended for sale;
8. A legend of symbols;
9. All survey monuments and proposed hydrant locations;
10. The streets indicating numbers and/or names and lots numbered consecutively;
11. The location, width, centerline bearings and curve data (including delta angle, radius, length, tangent and the long cord on curves) and other dimensions of all existing, proposed or platted streets and easements;
12. A similar description of important features such as utility lines and exceptional topography and structures within the proposed subdivision and within a two hundred foot (200') perimeter of the subdivision. Utility features must appear on the plat;
13. The streets, lots, and properties within two hundred feet (200') surrounding the subdivision shown in ghost lines;
14. A proposed subdivision name with:
a. Owner's dedication and acknowledgment;
b. Surveyor's stamped certificate with subdivision boundary;
c. Legal description;
d. City engineer's (or designee's) approval;
e. Southeastern Utah health district sanitation approval;
f. Castle Valley special service district's certificate of approval, the culinary water authority;
g. Planning commission acceptance;
h. City council's approval as to form; and a
i. County recorder's certificate;
15. The name and address of the applicant, engineer, or surveyor for the proposed subdivision and owners of the land to be subdivided.
B. Approval Of Final Subdivision Plat: Upon a determination that the proposed plat is consistent with the general plan and upon receipt of the owner's tax clearance, and written approval from the culinary water authority and irrigation authority, the city council may approve a final subdivision plat as provided above.
C. Improvements. Subdivision improvements must be completed within one year of recordation of the final subdivision plat, unless such time as extended by the Huntington City council. Development of an approved major subdivision may be carried out in progressive stages, in which event, each stage shall be planned and implemented in full compliance with the requirements and intent of this ordinance at the completion of each stage. Improvement requirements need not be installed beyond the approved boundary of the stage to be developed. The initial stage of a major subdivision being developed in stages shall not cover less than one (1) acre.
D. Public Improvements Security: A security arrangement shall be one of the following types as dictated by the city:
1. A bond with a surety company licensed to do business in the state of Utah; or
2. An irrevocable letter of credit with a federally insured financial institution; or
3. A cashier's check made payable only to the city; or
4. A trust or escrow account with a federally insured financial institution designating the city as beneficiary.
Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the city. The city shall not be required to pay interest to the developer on any non-interest bearing escrow account established for this purpose.
E. Inspections: The zoning administrator shall inspect the subdivision development during construction through its completion. (Ord. 1-2009, 2-18-2009)
F. 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 final plat within one year of city council approval shall render the plat null and void. In such case, the applicant must commence the subdivision process anew. (Ord. 1-2009, 2- 18-2009)
9-12-7 CONDOMINIUMS:
Each application for condominium shall comply with the provisions of the condominium ownership act as set forth in section 57-8-1 et seq., Utah Code Annotated, 1953, as amended. (Ord. 1-2009, 2-18-2009)
9-12-8 LOT LINE ADJUSTMENT:
Applicants, as the owners of record of adjacent parcels that are described by either a metes and bounds description or on a recorded plat, may exchange title to portions of the parcels.
A. The planning commission may approve an exchange of title if the following conditions are met:
1. No new dwelling lot or housing unit will result from the exchange of title;
2. The adjustment does not result in violations of applicable zoning requirements.
B. If an exchange of title is approved, a notice of approval shall be recorded in the office of the county recorder by the zoning administrator. This notice must:
1. Be executed by each owner included in the exchange and the planning commission;
2. Contain an acknowledgement for each party executing the notice;
3. Recite the descriptions of both the original parcels and the parcels created by the exchange of title.
C. A notice of approval does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property. (Ord. 1-2009, 2-18-2009)
9-12-9 VACATION OR AMENDMENT OF A SUBDIVISION PLAT:
The city council by ordinance may, with or without a petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision at a public hearing.
A. If a petition is filed, the city council shall hold the public hearing within forty five (45) days after receipt of the planning commission's recommendation under subsection (c) if:
a. The plat change includes the vacation of a public street or alley;
b. Any owner within the plat notifies the municipality of their objection in writing within ten (10) days of mailed notification; or
c. A public hearing is required because all of the owners in the subdivision have not signed the revised plat.
2. Before the city council may consider a proposed vacation, alteration, or amendment the city council shall refer the proposal to the planning commission for its recommendation. The planning commission shall give its recommendation within thirty (30) days following its receipt of the application for the proposed vacation, alteration, or amendment.
3. Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this title may, in writing, petition the legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section.
4. Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include:
a. The name and address of all owners of record of the land contained in the entire plat;
b. The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended; and
c. The signature of each of these owners who consents to the petition.
5. A petition that lacks the consent of all owners referred to in subsection (d) may not be scheduled for consideration at a public hearing before the city council until the notice required by subsection b. below, is given. The petitioner shall pay the cost of the notice.
6. If the city council proposes to vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider the issue at a public hearing after giving the notice required by subsection (2) below.
B. Notice Of Hearing For Plat Change:
1. The city council shall give notice of the proposed plat change by mailing the notice to each owner of property located within three hundred feet (300') 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 Emery County assessor.
2. The city council shall ensure that the notice includes:
a. A statement that anyone objecting to the proposed plat change must file a written objection to the change within ten (10) days of the date of the notice;
b. A statement that if no written objections are received by the Huntington City council 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 landowners as required by subsection 1) above.
3. If the proposed change involves the vacation, alteration, or amendment of a street, the Huntington City council shall give notice of the date, place, and time of the hearing by:
a. Mailing notice as required in subsection 2) a. above; and
b. Publishing the notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation in the Huntington City area.
C. Grounds For Vacating Or Changing A Plat: Within thirty (30) days after the public hearing, the city council shall consider the petition.
1. The city council may approve a petition to vacate or change a plat if it finds:
a. Neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment; and
b. There is good cause for the vacation, alteration or amendment.
2. The city council, by ordinance, may vacate, alter, or amend the plat, any portion of the plat, or any street or lot;
3. The city council may approve the vacation, alteration, or amendment by ordinance, amended plat, administrative order, or deed in conformance with and verifying approval by the city council;
4. The city council shall ensure that the vacation, alteration, or amendment is recorded in the office of the Emery County recorder;
5. An aggrieved party may appeal the city council's decision to the 7th district court in and for Emery County, Utah. (Ord. 1-2009, 2-18-2009)