10.7 Exemptions from Plat Necessity

A. Agricultural Land: 1. Applications to subdivide agricultural land are exempt from the plat requirements (but not the other application requirements) of Section 8(3) of this Chapter if the resulting parcels: a. Qualify as land in agricultural use under Utah Code §59-2-502; b. Meet the minimum size requirement of applicable Town land use ordinances; and c. Are not used and will not be used for any nonagricultural purpose. 2. For subdivision applications for which this exception applies, an applicant may submit to the Town—in place of a plat—a record of survey map that illustrates the boundaries of the parcels. 3. If the Town approves a subdivision application based on a record of survey map, the applicant shall record the map, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Sections 11 and 12 of this Chapter. 4. If a parcel resulting from a subdivision under this exception ever ceases to be used for agriculture, the subdivision shall become invalid. The Town may, in its discretion, impose the penalty in Section 2 of this Chapter and/or require a subdivision amendment before issuing a building permit. B. Minor Subdivisions: 1. An applicant may submit to the Emery County Recorder’s Office for recording a document that subdivides property without a necessity of recording a plat, if the subdivision: a. Results in less than 10 lots; b. 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; c. Has been approved by the culinary water authority and the sanitary waste authority; and d. 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 Board of Adjustment. 2. The applicant shall meet with a member of the SRC (or Town staff, as delegated) to determine utility hookups to each proposal lot or parcel, sidewalk, and other infrastructure requirements for the minor subdivision. 3. For subdivision applications for which this exception applies, an applicant may submit to the Town - in place of a plat - both: a. A record of survey map that illustrates the boundaries of the parcels; and b. A legal metes-and-bounds description that describes the parcels illustrated by the survey map. 4. If the Town approves a subdivision application based on a record of survey map and metes-and-bounds description, the applicant shall record the map and description, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Sections 11 and 12 of this Chapter, except that the Town shall also provide the notice required in Utah Code §10-9a-61(1). 5. A document which does not meet the requirements of this Section may be corrected to comply with this Section by recording an affidavit with the County Recorder’s Office.