CHAPTER 1
GENERAL PROVISIONS
Sections:
Article 1 GENERAL PROVISIONS
14-1-107 Interpretation and Conflict.
14-1-108 Provisions, Relationship to Previous Ordinance.
14-1-109 Amendments to the Title.
14-1-110 Variances, Exceptions and Waiver of Standards.
Article 2 DEFINITIONS
Article 1 GENERAL PROVISIONS
14-1-101 Title.
The provisions of this title known, cited and referred to as the Subdivision Regulations of Springville City are intended to implement subdivision regulations of the Utah Municipal Land Use Development and Management Act, Utah Code, Title 10, Article 9, Part 6.
14-1-102 Policies.
(1) Springville City considers the subdivision of land and the subsequent development of the subdivided plat subject to its control and according to the official general plan of the City for the orderly, planned, efficient, and economical development of the City.
(2) Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace. Land shall not be subdivided until adequate public facilities and improvements exist and/or proper provision has been made for drainage, water, sewerage, electrical power and capital improvements such as schools, parks, recreational facilities, transportation facilities and improvements.
(3) The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the General Plan, with accompanying maps and illustrations, along with the capital improvement plan and annual program of Springville City. These regulations are intended to supplement and facilitate the enforcement of the provisions and standards contained in the Building Code, zoning ordinance, General Plan with accompanying maps and illustrations, and the capital improvement plan and annual program of Springville City.
14-1-103 Public Purpose.
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State of Utah to Springville City. The developer has the duty of compliance with reasonable conditions laid down by the City Council for design, dedication, improvement and restrictive use of the land to conform to the physical and economic development of the municipality and to the health, safety and general welfare of the future lot owners in the subdivision and of the community at large.
14-1-104 Purposes.
These regulations are adopted for the following purposes:
(1) To protect and provide for the public health, safety, and general welfare of the municipality;
(2) To guide the future growth and development of the municipality in accordance with the General Plan;
(3) To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger and to prevent overcrowding of the land and undue congestion of population;
(4) To protect the character and the social and economic stability of all parts of Springville;
(5) To encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development, promotion of infill development in existing neighborhoods and non-residential areas with adequate public facilities;
(6) To assure proper urban form and open space separation of urban areas;
(7) To protect environmentally critical areas and areas premature for urban development;
(8) To protect and conserve the value of land throughout Springville and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
(9) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, electric power, schools, parks, playgrounds, recreation and other public requirements and facilities;
(10) To 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 movement appropriate to the various uses of land and buildings;
(11) To provide for the proper location and size of streets and buildings;
(12) To establish reasonable standards of design and procedures for subdivisions and re-subdivisions of land that will maximize buildable area and insure the orderly layout and use of land, recognizing that this may not allow developers to create irregular lots or use other mechanisms to maximize the number of lots created, but lot design will be in the best interest of current and future residents and the community;
(13) To ensure proper legal descriptions and monumenting of subdivided land;
(14) To ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed subdivision and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the development to pay fees, furnish land or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development;
(15) To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout Springville in order to preserve the integrity, stability and beauty of the community and the value of the land;
(16) To preserve the natural beauty, topographic and geologic features of the municipality and to ensure appropriate development with regard to these natural features;
(17) To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum widths and area of lots, while preserving the density of development as established in the zoning ordinance;
(18) To remedy the problems associated with boundary line disputes; and
(19) To eliminate existing property line gaps and overlaps, inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and sub-standard subdivision.
(Amended by Ord, No. 28-2006, 10/17/2006)
14-1-105 Authority.
In accordance with Section 10-9-108, Utah Code Annotated 1953 and by authority of the Springville City Code, the City Council exercises the power and authority to establish subdivision regulations along with the review, approval, disapproval, and amendment to plats for major subdivision as defined in these regulations. The Planning Commission also exercises power and authority to review, approve and disapprove minor subdivisions in accordance with Section 10-9-806, Utah Code Annotated 1953, as defined in these regulations.
14-1-106 Jurisdiction.
(1) These regulations apply to all subdivision of land or subdivision of real property as defined in Section 14-1-202 located within any portion of the corporate limits of Springville City as provided by Section 10-9-801(1)(a), Utah Code Annotated 1953.
(2) No real property, whether wholly or partially within the corporate limits of Springville City, shall be considered legally subdivided unless and until the applicant has completed the procedure for subdivision approval as defined in Chapter 2 of this Title. This includes concept plan, preliminary plan approval, and final plat approval and recordation and filing of the plat with the Utah County Recorder’s Office.
(3) No owner or agent of any parcel of land may transfer, sell or otherwise exchange any subdivided real property unless and until the proposed subdivision has been approved by the City Council and filed in the Office of the Utah County Recorder. The subdivision of any lot or parcel of land by the use of metes and bounds descriptions for the purpose of sale, transfer or lease with the intent of evading these regulations shall not be permitted. The City may approve metes and bounds descriptions for the purposes of minor subdivisions, lot line adjustments and resolving conflicting boundary descriptions.
(4) All lots, parcels, sites, plots, units or other divisions of real property created by subdivision shall comply with the City’s lot size, lot width and buildable area requirements and shall abut on a public street.
(5) A building permit or certificate of occupancy may only be issued for real property which was legally subdivided or existed as a lot of record prior to the adoption of subdivision regulations.
(6) The excavation of land or construction of any public or private improvements must conform to the applicable City regulations.
(7) A proposed subdivision that makes an existing structure illegal as to current setback and other relevant City ordinances shall not be allowed.
14-1-107 Interpretation and Conflict.
(1) Interpretation. These provisions shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly by the City to promote the purposes for which they are adopted.
(2) Conflict with Other Provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or provision of law. Where any provision of these regulations is in conflict with any other provision of these regulations or any other ordinance, adopted standard or policy, rule or regulation, the provision which is more restrictive or imposes the higher standard shall control.
(3) Further, these regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, these regulations shall govern. Where any easement, covenant or other private agreement or restrictions are more restrictive or impose a higher standard than these regulations, then the private provisions shall be operative and supplemental to these regulations and conditions imposed; however, Springville City shall not be responsible to enforce those private provisions.
14-1-108 Provisions, Relationship to Previous Ordinance.
(1) These regulations shall not be interpreted as abating any action under the previous existing subdivision regulations or in any way affecting any penalty accruing or about to accrue, nor the liability of any person, firm, or corporation, or waiving any right of Springville under any section or provision existing at the time of adoption of these regulations. These regulations shall also not be interpreted as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the City.
(2) The procedures set forth in this Title are intended to supersede any inconsistent procedural provisions in the previous regulations. All final actions under the previous existing ordinance are subject to the appeal processes set forth herein. All applications for subdivision approval are subject to termination as set forth herein.
14-1-109 Amendments to the Title.
(1) For the purpose of protecting the public health, safety and general welfare, the City Council may, from time to time, amend the provisions of these subdivision regulations. Any amendments to this Title should be consistent with the Springville General Plan. Public hearings on all proposed amendments shall be held in accordance with the Section 10-9-803, Utah Code Annotated 1953 and the Springville City Code. The process for amending this Title is intended to be consistent with the provisions of the Utah Code. All amendments will be completed in the following manner:
(2) Initiation of Amendments. Amendments to the provisions of this Title may be initiated by the City Council, the Planning Commission, a member of the general public, or the City staff. When amending this Title results in the need to amend the Springville General Plan, the need for the General Plan amendment should be noted on the petition and may proceed concurrently.
(3) Petition for Amendment. A petition initiated by the general public to amend this Title shall be filed with the Community Development Department on a form provided for this purpose. The form shall contain a statement of the petitioner’s interest in the amendment. The petition shall indicate the proposed amendment and indicate the reasoning for the change. The petition shall include proposed amending language. A fee adopted by the City Council for acting of the petition to amend the Title shall be paid prior at the time the petition is submitted for consideration.
(4) Petitions initiated by the City shall indicate the proposed amendment and purpose for the change being sought. The proposed amending language shall also be provided.
(5) Notice of Public Hearing. Notice of hearing before the Planning Commission and City Council concerning amendments to this Title shall be given at least ten (10) days before the date of the hearing in accordance with the Utah Code.
(a) Posted Notice Requirements. City staff shall post, or cause to be posted, notice of the proposed amendment to this Title in at least three (3) public places within Springville City. The notice shall state that an amendment has been proposed to Title 14 and give general information regarding the proposed amendment and indicate where detailed information concerning the proposed amendment may be reviewed. The notice shall state the time, place and date set for the public hearing.
(b) Published Public Notice. Published notice, to be covered by the application fee, shall be given by publication in a newspaper having general circulation in Springville City. Published notice shall state that an amendment has been proposed to Title 14 and give general information concerning the proposed amendment being reviewed and indicate where detailed information concerning the proposed amendment may be reviewed. The notice shall state the time, place and date set for the public hearing.
(c) Proof of Notice. Proof that notice was given as required in subsection (5)(a) or (b) of this section is prima facie evidence that notice was properly given. If notice given under authority of this Section is not challenged as provided under State Law, within thirty (30) days from the date of the meeting for which the notice was given, the notice is considered adequate and proper.
(6) Hearing before the Planning Commission. The Planning Commission shall hold a public hearing on a proposed amendment to the Title to allow for comments from citizens and property owners affected by the change. Notice of all amendments shall be given as set forth in subsection (5) of this section.
(7) Action by the Planning Commission. Following the public hearing, the Planning Commission shall prepare a formal recommendation to City Council. The recommendation shall be to approve, approve with modifications or deny the petitions. The Planning Commission may act on the petitions at the time of the hearing or continue to the next regular meeting. Failure to act on the petition following the next regular Planning Commission meeting shall be deemed a recommendation for denial by the Planning Commission and the petition shall be forwarded to the City Council for their consideration.
(8) Hearing before the City Council. The City Council shall hold a public hearing on the recommendation of the Planning Commission for all petitions to amend this Title. Notice of all amendment hearings before the City Council shall be given as set forth in subsection (5) of this section. The public hearing may be continued to a time certain without public notice. Following the public hearing, the City Council shall approve, approve with modifications or deny the recommendation of the Planning Commission. Council action on amendments to this Title requires the affirmative vote of three (3) or more members of the City Council. The Council may act on the petition at the time of the hearing or at a subsequently scheduled meeting.
(Ord. No. 02-2011, 02/15/2011)
14-1-110 Variances, Exceptions and Waiver of Standards.
(1) The Board of Adjustment, upon application and payment of the appropriate fee by the property owner or agent, may grant variances, exceptions and waivers of standards from the terms of this Title. Variances, exceptions and waivers of standards may be granted only if the literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title. The variance shall not nullify the purpose and intent of this Title. Before any variance, exception or waiver of standards may be granted, findings justifying such shall be made by the Board of Adjustment based on the evidence presented in each specific case that:
(a) Granting a variance, exception or waiver of standards will not be detrimental to the public safety, health or welfare or injurious to other property;
(b) Granting a variance, exception or waiver of standards will not substantially affect the Springville City General Plan or development ordinances;
(c) The literal enforcement of a code or standard would result in unreasonable hardship that is not necessary to carry out the purposes of the General Plan and development ordinances;
(d) There are conditions specific to the property that are not applicable generally to other properties in the same zoning district; and
(e) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship would occur to the applicant that would not occur to other properties in the vicinity and the variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same zoning district.
(2) Any variance, exception, or waiver of standards shall be noted on the final subdivision plat.
Article 2 DEFINITIONS
14-1-201 Interpretation.
For the purpose of this Title, certain words and terms are defined as follows:
(1) Words in the present tense include the future, and the future includes the present.
(2) The singular number includes the plural and the plural the singular; the word “lot” includes the word plot, tract or parcel of land, as the sense may require it.
(3) The term “erected” means constructed, altered, moved or repaired.
(4) The words “shall” and “must” are always mandatory.
(5) The word “district” is synonymous with the word “zone.”
14-1-202 Definitions.
For the purpose of this Title, the following definitions shall apply:
“Alley” shall mean a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a public street.
“Application” shall mean all plan maps, improvement drawings, City forms and supporting documents determined necessary for review.
“Arterial street” shall mean a street that is designated as an arterial street in the Springville City Streets Master Plan.
“Condominium” shall mean the ownership of a single unit in a multi-unit project, together with an undivided interest in common areas and facilities of the property.
“Cul-de-sac” shall mean a local street with only one outlet that terminates in a vehicular turnaround appropriately sized for the safe and convenient reversal of traffic.
“Design criteria” shall mean standards that set forth specific improvement requirements.
“Developer” shall mean the owner of land proposed to be developed, or the appointed representative who is responsible for any undertaking that requires review and/or approval under these regulations.
Development Review Committee. This committee may include the Community Development Director, Planning Staff, City Engineer, City Attorney, representatives from the Public Safety Department, Public Works Department, Building Division of the Nebo School District, Springville Irrigation Company, Springville Power, Questar Gas Company, and/or other parties as deemed appropriate.
“Excavation” shall mean the removal of earth from its natural position, or the cavity resulting from the removal of earth.
“Improvement completion assurance” means a surety bond, letter of credit, cash, or other security required pursuant to Section 14-5-202 to guaranty the proper completion of landscaping or infrastructure that is required as a condition precedent to:
(1) Recording a subdivision plat; or
(2) Beginning development activity.
“Improvement warranty” means an applicant’s unconditional warranty that the accepted landscaping or infrastructure:
(1) Complies with Springville City ordinances and the Springville Standard Specifications and Drawings for design, materials, and workmanship; and
(2) Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.
“Improvement warranty period” means a period of:
(1) One year after the City accepts required landscaping improvements; or
(2) One year after the City accepts required infrastructure, unless the City:
(a) Determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and
(b) Has substantial evidence, on record:
(i) Of prior poor performance by the applicant; or
(ii) That the area upon which the infrastructure will be constructed contains suspect soil and the City has not otherwise required the applicant to mitigate the suspect soil.
“Lot combination” shall mean the elimination of the boundary line between two (2) or more lots within the same subdivision, which lots are held in common ownership.
“Lot line adjustment” shall mean the relocation of a property boundary line between two adjoining properties within the same subdivision with the consent of the owners of record.
“Major change” shall mean a major change shall include, but not be limited to:
(1) Any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent (10%) or more, increasing density in the subdivision by ten percent (10%) or more, increasing the number of lots by ten percent (10%) or more, or increasing the lot size of more than ten percent (10%) of the number of lots by an amount of five hundred (500) square feet or greater; or
(2) A change in the alignment, connection or grade of a public or private street, that could alter the locations, alignments or connections of water, sanitary sewer, storm sewer lines and facilities.
“Plat vacation” shall mean the elimination of a plat, in whole or in part, which vacation may apply to subdivided lots as well as roads, alleys, easements, and other areas depicted or dedicated on the plat.
“Property, real” shall mean land, including the surface, whatever is attached to the surface (e.g., buildings or trees), whatever is beneath (e.g., minerals), and the area above the surface.
“Street tree” shall mean a tree located in the street right-of-way as provided in these regulations.
“Subdivision” shall mean any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms or conditions. For purposes of clarification, any remaining portion of the original lot from which additional lots were subdivided shall be counted as one (1) lot.
(1) “Subdivision” includes:
(a) The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument;
(b) Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes; and
(c) Creation of condominiums, townhouses, planned unit developments or any other project that results in individual ownership in fee title, airspace or cooperatively.
(2) “Subdivision” does not include:
(a) A bona fide division or partition of agricultural land for the purpose of joining one (1) of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if certified by the Director that neither the resulting combined parcel nor the parcel remaining from the subdivision or partition violates an applicable zoning ordinance;
(b) A recorded agreement between owners of adjoining properties adjusting their mutual boundary if, certified by the Director that:
(i) No new lot is created; and
(ii) The adjustment does not result in a violation of applicable zoning ordinances;
(c) A recorded document, executed by the owner of record, revising the legal description of more than one (1) contiguous parcel of property into one (1) legal description encompassing all such parcels of property; or
(d) The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a “subdivision” under this definition as to the unsubdivided parcel of property. This does not subject the unsubdivided parcel to the requirements of this Title.
“Subdivision, minor” shall mean the subdivision of land into not more than nine (9) lots, which does not require the dedication of land for the creation of a new street or any other public purpose. A small subdivision may not be allowed if the property proposed for subdivision is traversed by the mapped lines of a proposed street as shown in the Springville General Plan.
Unstable Soil.
“Utility easement” shall mean the area designated for access to construct or maintain utilities on privately or publicly owned land.
(Ord. No. 05-2014 § 2, 02/18/2014)