Section 11, Subsection 1 General provisions

A. TITLE. This Ordinance shall be known as the "Elsinore Town Subdivision Ordinance" and may be so cited. B. PURPOSE. 1. The purposes of this Ordinance shall be to promote the health, safety, convenience, and general welfare of the present and future development of the Town; to facilitate the transfer of land having accurate legal descriptions; to bring about the development of a more attractive and wholesome environment within and about the Town; and to establish the rights, duties, and responsibilities of subdividers with respect to land subdivision and improvements thereon; and to facilitate the implementation of a master street plan. 2. Any proposed subdivision and its ultimate use shall be in the best interest of the public welfare and the neighborhood development of the area concerned and the subdivider shall present evidence to this effect when requested to do so by the Town Council and Planning Commission. C. SEVERABILITY. Should any section, subsection clause, or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. D. SCOPE. 1. From the effective date of this Ordinance, no person shall subdivide any tract of land which is located wholly or in part within the limits of Elsinore, Utah, nor shall any person sell, exchange, or offer for sale, or purchase, or offer to purchase any parcel of land which is any part of a subdivision of a larger tract of land within the Town, nor shall any person offer for recording any deed conveying such a parcel of land or any interest therein unless such person or persons shall first make or cause to have made a record of survey plat, final plat, or preliminary plat as required in sections 5 of this Ordinance which plat shall be in accordance with all of the requirements of this Ordinance and shall have been approved by the Planning Commission and Town Council and recorded in the Office of the County Recorder. 2. Pursuant to enabling legislation found in UCA 2000 Chapter 10-9-103, the term "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 the purpose, whether immediate or future, for offer, sale, lease, or development. 3. All required infrastructure improvements will be completed by the developer and approved by Elsinore Town before any building permit will be issued. 4. Cost of said infrastructure improvements shall be borne entirely by the developer. 5. All lots must have improved street frontage as required in Subsection 13(B). E. INTERPRETATION AND CONFLICT OF LAWS. Where any provision in this Section conflicts with state law, state law shall prevail. Where any provision in this Section conflicts with other ordinances enacted by the Town, the provisions in this Section shall prevail unless the Town intended such conflicting ordinances not in this Section to amend this Section. F. PENALTY FOR NONCOMPLIANCE 1. Any person who shall violate any of the provisions of the Ordinance shall, upon conviction thereof, be punished by fine not exceeding $1000.00 or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment; and every omission of neglect to the requirement demanded to be performed and every continuance of any act or thing prohibited by this Ordinance shall be deemed to be a separate offense committed and shall be punishable accordingly. 2. It is unlawful to transfer ownership of any parcel of land pursuant to an invalid subdivision. The Town may, in its discretion, void such transfers. 3. Any person who illegally divides land in the Town shall be fined $1,000 per lot. G. FEES 1. Any fees listed on the Town’s fee schedule, plus the reasonable costs the Town incurs for engineer or attorney review of an application, shall be paid for by the developer/applicant. H. PROCESS OVERVIEW