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Emery zoning code

10.8 Subdivisions (10 or More Lots)

Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build. The official Emery code is at https://emerytownutah.gov/ordinance-%26-resolutions. Text pulled 2026-10-19 from this source. Tables (like use tables) may not copy cleanly, so check any table against the official code. Confirm anything here with Emery planning before you rely on it.
The applicant for a subdivision shall submit an application to the Land Use Authority. The applicant must comply with Chapters 6-12 for design standards and with the most currently adopted infrastructure master plans. A. To be considered complete, a subdivision application must include at least the following elements: 1. An approved land use application that describes how the property will be used after it is subdivided. a. If the intended use is permitted by right under Town ordinances, the land use application must include citations to the specific ordinance(s) that the applicant believes authorizes the intended use. b. If the intended use requires a conditional use permit or is otherwise conditioned on Town approval, the land use application must include an approved, Townissued permit authorizing the intended use. Should an applicant seek a use permit concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the use permit is issued. c. If the intended use is prohibited under Town ordinances and requires a variance, the land use application must include an approved, Town-issued variance authorizing the intended use. Should an applicant seek a variance concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the variance is issued. 2. An improvement plan, created in accordance with applicable portions of Chapter 11 of this Title, for all public improvements proposed by the applicant or required by Town ordinances. a. In addition to the requirements in Chapter 11, the improvement plan must contain an engineer’s estimate of the cost of completing the required improvements. b. Subdivision improvements must be completed within two years of recordation of the subdivision plat, unless such time as extended by the Town. 3. A plat. The plat must be drawn to scale, in detail, and in accordance with generally accepted surveying standards and the acceptable filing standards of the County Recorder’s Office. The plat must include: a. A minimum scale of 1”-50’; b. The lot or unit reference; block or building reference; street or site address; street name or coordinate address; acreage or square footage for all parcels, units, or lots; and length and width of the blocks and lots intended for sale. c. Existing rights-of-way and easement grants for record for streets, underground utilities and other public purposes; d. The acreage or square footage for all parcels or lots and the length and width of the blocks and lots intended for sale; e. A legend of symbols; f. A north arrow facing the top of right margin; g. A date on each sheet; h. The boundary dimensions and legal description of all proposed parcels; i. The location, width, and other dimensions of all existing or platted streets and other important features within a 200-foot perimeter of the subdivision, such as utility lines and exceptional topography and structures. j. The proposed subdivision name, which must be distinct from any subdivision name on a plat recorded in the County Recorder’s Office; k. Any known and unrecorded water conveyance facility located, entirely or partially, within the plat. l. The proposed streets, alleys, parks, open spaces and other offers of public dedications, showing widths and pertinent dimensions as well as points of intersections of each; m. All survey monuments and proposed hydrant locations; n. The location, width, centerline bearing 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; o. The streets, lots, and properties within two hundred feet (200’”) surrounding the subdivision shown in ghost lines; p. If any portion of the proposed subdivision is within 300 feet of an Agriculture Protection Area, the notice language found in Utah Code §17-41-403(4). q. If any portion of the proposed subdivision is within 1,000 feet of an Industrial Protection Area, the notice language found in Utah Code §17-41-403(4). r. If any portion of the proposed subdivision is within 1,000 feet of a Critical Infrastructure Materials Protection Area, the notice language found in Utah Code §17-41-403(4). s. If any portion of the proposed subdivision is within 1,000 feet of a Mining Protection Area, the notice language found in Utah Code §17-41-403(4). t. If any portion of the proposed subdivision is within 1,000 feet of a Vested Critical Infrastructure Materials Operation (extracting, excavating, processing, or reprocessing sand, gravel, or rock aggregate where that use is not permitted by Town ordinances), the notice language found in Utah Code §10-9a-904. u. If the subdivision includes a condominium, the requirements found in Utah Code §57-8-13, as amended. 4. Reports and Studies, including: a. A traffic study, if one is required by an applicable UDOT Access Management Plan (such as by virtue of the plat touching a road built or maintained by UDOT) or requested by the Land Use Authority. b. Any other study or report reasonably necessary to ensure compliance with Town design standards and improvement requirements. 5. Certifications, including: a. An affidavit from the applicant certifying that the submitted information is true and accurate. b. The signature of each owner of record of land described on the plat, signifying their consent to the subdivision application and their intent to dedicate portions of the plat to the public as described in the application. c. Certification that the surveyor who prepared the plat: i. Holds a license in accordance with Utah Code 58-22; and ii. Either 1. Has completed a survey of the property described on the plat in accordance with state requirements and has verified all measurements; or 2. Has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and iii. Has placed monuments as represented on the plat. d. A Title Report or Title Insurance Policy for the land to be subdivided verifying property ownership. e. A Tax Clearance Certificate from the state indicating that all taxes, interest, and penalties owing on the land have been paid. f. Owner's Certificate of Dedication. g. Proof of approval by the Culinary Water Authority, the Sanitary Sewer Authority, the Health Department, the Local Fire Department, and the Local Public Safety Answering Point. 6. The approved signatures for: a. Owner’s dedication and acknowledgment; b. Surveyor’s stamped certificate with subdivision boundary legal description; c. Town Engineer’s/Building Inspector’s approval; d. Public utilities acceptance; e. Public Health Department approval if it is determined that the property is not served by the public sewer system; f. County Recorder’s certificate. 7. Required Copies of Plans: a. One electronic copy of the final plat in AutoCAD format (DWG or DXF), Geodatabase format (GDB), or Shapefile format (SHP), with a projection assigned to the file(s) and with the proper metadata that describes what coordinate system/projection the data is assigned to. b. An electronic copy of all plans in PDF format. c. Six (6) printed copies of the application. d. Two (2) printed copies of all full-scale drawings, application and plat. The fullscale drawings should be twenty-four by thirty-six (24”x36”). e. One copy of each drawing on eleven inch by seventeen-inch (11" x 17") sheets or eight and one-half by eleven (8 1/2 x 11) if the project is small and the plans are legible at that size. 8. Payment of any application-processing fees required by the Town. In addition to any fees listed on the Town’s Fee Schedule, the applicant shall be liable for any reasonable costs the Town incurs in obtaining engineering, legal, or consulting review of the application. B. The Subdivision Review Committee (or Town staff, as delegated) shall produce, maintain, and make available to the public a list of the specific items that comprise complete subdivision applications and a breakdown of any fees due upon submission or approval of the applications. C. The Subdivision Review Committee may require, and the applicant shall provide, additional information beyond the requirements of this Section or those published by the Town relating to an applicant’s plans to ensure compliance with Town ordinances and approved standards and specifications for construction of public improvements and to protect the health and safety of Town residents. D. Notwithstanding this Section, the Subdivision Review Committee may, in its sole discretion, waive any of the specific requirements found in this Section on a case-by-case basis.

10.7 Exemptions from Plat Necessity · 10.9 Notice to Affected Entities

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