20.08.02 GENERAL SUBDIVISION REGULATIONS

1. Unless exempt as outlined under this section, no person shall subdivide any tract of land which is located wholly or in part within the limits of Genola, Utah, nor shall any person sell, exchange or offer for sale 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 the person shall first make or cause to have made a final subdivision plat thereof which plat shall be approved in accordance with all of the requirements of this Ordinance and recorded in the office of the County Recorder. 2. AGRICULTURAL EXEMPTION. Notwithstanding Subsection (1), a lot or parcel resulting from a division of a tract of agricultural land is exempt from the plat requirements and improvement requirements of this Chapter if: 1. The original tract of land: 1. qualifies as land in agricultural use, meaning land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including: 1. forages and sod crops; 2. grains and feed crops; 3. livestock; 4. trees and fruits; or 5. vegetables, nursery, floral, and ornamental stock; and 2. the lots or parcels resulting from the division of the original tract of land: 1. qualifies as land in agricultural use, meaning land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including: 1. forages and sod crops; 2. grains and feed crops; 3. livestock; 4. trees and fruits; or 5. vegetables, nursery, floral, and ornamental stock; 2. meet all the requirements of applicable land use ordinances; and 3. excepting a preexisting single-family residence, will not be used for any nonagricultural purpose. If a lot or parcel exempted under this subsection is later intended to be used for a nonagricultural purpose, the Town shall require the lot or parcel to comply with the requirements of this Chapter before allowing its nonagricultural use. The boundaries of each lot or parcel exempted under this subsection shall be graphically illustrated on a survey map, that after receiving the same approvals as are required for a plat under this Chapter, shall be recorded with the County Recorder. The developer will also prepare and submit to the Town Clerk for recording with the county recorder a notice of approval which: 1. recites the legal descriptions of the original parcel and the parcels resulting from the exempt division; 2. includes notice that the resulting parcels were divided according to a subdivision exemption and will not be approved for non-agricultural use without completing the Town’s subdivision requirements in effect at the time of the application for the change in use; 3. is approved by the Town Attorney; 4. is executed by each owner of the parcel of land and by the Planning Commission Chairperson; and 5. contains an acknowledgement for each party executing the notice in accordance with the provisions of Utah Code Title 57, Chapter 2A, Recognition of Acknowledgment Acts, as amended. 3. BUILDING PERMITS. The Town shall not grant a permit for the construction of any building or structure on a lot within a proposed subdivision until a subdivision plat has been approved pursuant to this Chapter and recorded in the Office of the County Recorder, as applicable. Any permit issued prior to recording shall be null and void. 4. FEES. All fees paid related to a subdivision application are nontransferable and nonrefundable. The landowner is responsible for all fees incurred by submitting an application or petition under this Chapter, including any fees listed on the town’s fee schedule plus the cost of engineering and legal review of an application or petition. 5. LAND USE AUTHORITY. 1. The Planning Commission shall be the Land Use Authority for preliminary applications made under this Chapter. The Development Review Committee (DRC) shall be the Land Use Authority for final applications made under this Chapter. These Land Use Authorities are fully authorized to administer the provisions of this Chapter by reviewing and approving or denying subdivision applications. 2. The Development Review Committee (DRC) shall act as an advisory body to the Planning Commission throughout the process of reviewing preliminary subdivision applications and shall act as the Land Use Authority for final subdivision applications. The membership of the DRC shall include the Town Public Works Director, the Town Planning and Zoning Clerk, the Fire Chief, the Town Attorney, and two members of the Planning Commission. Each member may designate an alternate member who has the authority to attend and vote in the place of the member. When acting as the Land Use Authority, the DRC shall act by majority vote. 6. APPEALS. 1. The Appeal Authority for Town decisions relating to this Chapter, except where otherwise noted, is the Town Council. 2. The Appeal Authority shall hear appeals on final decisions made by the Land Use Authorities and shall hear complaints about the conduct of the Land Use Authorities in administering the provisions of this Chapter. 3. A party appealing or complaining about a Land Use Authority’s decision under this Chapter must exhaust its remedies under this Section (by appealing or complaining to the Appeal Authority) before bringing an action against the Town in a court of law. 4. A party desiring to appeal or complain about a Land Use Authority’s decision shall submit to the Appeal Authority the following in writing: 1. A brief explanation of the relief the party is seeking, the reason the party submitted its application or petition, the Land Use Authority’s decision and treatment of the application or petition, and why the applicant believes the Land Use Authority misapplied the provisions of this Chapter or abused the discretion given it by this Chapter. 2. The most recent version of the application or petition the party submitted. 3. Any supplemental documentation or information that the Appeal Authority requests. 5. All appeals and complaints must be emailed or mailed to the Town Clerk using the address of the Town office or the official email account listed on the Town website. 6. After receiving a complete appeal or complaint in accordance with this Section, the Appeal Authority shall deliver a decision to the applicant, in writing, no later than 45 calendar days after the Appeal Authority receives the appeal or complaint.