21.13 FEES, INSPECTIONS, PERMITS, VIOLATIONS, ENFORCEMENTS, AND PENALTIES

21.13.1.  Fees. Any and all persons filing plats/maps with the Town Clerk shall pay a fee according to the schedule adopted by the Town Council by resolution. 21.13.2.  Inspection.  21.13.2.1.  Appropriate agencies, departments of the Town and/or others appointed by the Town Council shall act as the Town Representatives and shall inspect or cause to be inspected all buildings, fire hydrants and water supply and sewage disposal and electrical systems during the course of construction, installation or repair.  Excavations for fire hydrants and all utility mains and laterals shall not be covered or back-filled until such installations shall have been approved by the Town Representative or utility company representative.  If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the Town Representative.  All costs will be the responsibility of the developer. 21.13.2.2.  The inspection may consist of on-site inspection as the developer is required to notify the Town Representative twenty-four (24) hours prior to the need for an inspection.  Inspections may also be any combination of on-site, analysis of test results from developers test, material provider records, equipment records, in addition to other inspections considered necessary to adequately insure the quality of the development effort. 21.13.2.3.  The developer/contractor shall pay to the Town Clerk or Treasurer an inspection fee as adopted by resolution by the Town Council to cover the cost of inspections in the subdivision.  If the fund is exhausted before completion of all improvements, the developer/contractor shall pay the Town Clerk or Treasurer an amount estimated by the Town Engineer, Town Representative or the Town Building Inspector to be sufficient to cover completion. 21.13.3.  Permits. From the time of the effective date of this Ordinance, the Building Inspector shall not grant a permit, nor shall any officer grant any license or permit for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any provisions of this Ordinance until a subdivision plat/map thereof has been approved and recorded as herein required. Any license or permit issued in conflict with such provisions shall be void.  No building permits will be issued until all improvements have been installed to the lot for which the permit has been requested. 21.13.4.  Violations. No person shall subdivide any tract or parcel of land located wholly or in part in the Town except in compliance with the provisions of this Ordinance.  No person shall purchase, sell or exchange any parcel of land which is in any part of a subdivision or a proposed subdivision submitted to the Planning Commission, nor offer for recording in the office of the County Recorder, a deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this Ordinance. 21.13.5.  Enforcement. 21.13.5.1.  The Planning Commission, the Town Engineer, the Town Representative and other such departments and agencies of the Town as are designated by the Town Council are hereby authorized as the agencies charged with the enforcement of the provisions of this Ordinance.  Failure of such departments to pursue appropriate legal remedies shall not legalize any violation of such provisions. 21.13.5.2.  The Town Representative shall have the authority to stop construction if he determines that the work completed or presently being performed does not comply with the requirements.  Work will only continue to correct the defect.  Once the defect is correct then normal work may proceed. 21.13.6.  Penalties.  Any person, firm or corporation (as principal, agent, employee or otherwise) violating, causing, permitting violation or failure to comply with the provisions of this Ordinance shall be guilty of a Class B misdemeanor.  In addition, to any criminal prosecution, the Town may pursue any other legal remedy to ensure compliance with this Ordinance including, but not limited to, injunctive relief, under Utah Code Annotated “10-9a.-802. Enforcement”.  Each day a violation continues shall be considered a separate violation and offense. 21.14.  VACATING OR AMENDMENT TO SUBDIVISION MAP.( Ord. 2023-03)  21.14.01 The Town Council shall hear and consider a petition proposing to vacate, alter or amend a subdivision plat/map, any portion of a subdivision plat/map, or any street, lot or alley contained in a subdivision plat/map, at a public hearing, after receiving a recommendation from the Planning Commission. This section does not apply to vacations of a subdivision plat/map pursuant to 21.14.6.2 of this Chapter.  21.14.6 Proposal by Town 21.14.6.1 If the Town files a petition to vacate, alter or amend a subdivision plat/map, or any street or lot contained in a subdivision plat/map, the Town Council shall consider the issue at a public hearing after receiving a recommendation from the Planning Commission, and after giving the notice required by this section. 21.14.6.2 Notwithstanding any other provision of this Chapter, the Town Council may, consistent with Utah Code Annotated § 10-9a-609(3), vacate a subdivision plat/map, or a portion of a subdivision plat/map, by recording in the county recorder’s office an ordinance describing the subdivision or the portion being vacated. The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance.  21.14.8. Notice of hearing for map change.  xcept as provided in 21.14.3. of this Chapter, and except with respect of lot line adjustments under subsection 21.14.7., the Town Council shall give notice of the proposed plat/map change by mailing the notice to each owner of property located within three hundred (300) feet of the property that is the subject of the proposed plat/map change, addressed to the owners’ mailing address’s appearing on the rolls of the Washington County assessor. The Town Council shall ensure that the notice includes:  21.14.8.1. A statement that anyone objecting to the proposed plat/map change must file a written objection to the change within ten (10) days of the date of the notice;  21.14.8.2. A statement that if no written objections are received by the Town Clerk within the time limit, no public hearing will be held; and  21.14.8.3. The date, place and time when a hearing will be held, if one is required, to consider a vacation, alteration or amendment without a petition when written objections are received, or to consider any petition that does not include the consent of all landowners as required by 21.14.3.  21.14.8.4. This section does not apply to vacations of a subdivision map/plat pursuant to 12.14.6.2 of this Chapter.  21.14.9. Notice of hearing for map change involving vacation, alteration or amendment of street.  If a petition to change a  plat/map involves the vacation, alteration or amendment of a street, the Town Council shall give notice of the date, place and time of the hearing by:  21.14.9.1. Mailing notice as required in 21.13.8.; and  21.14.9.2. Publishing the notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation in the Town. 21.14.9.3. This section does not apply to vacations of a subdivision map/plat pursuant to 12.14.6.2 of this Chapter.  21.14.10. Grounds for vacating or changing map:  21.14.10.1. Within thirty (30) days after the public hearing required by this section, the Town Council shall consider the petition. 21.14.10.2. After considering the petition, if the Town Council is satisfied that neither the public nor any person will be materially injured by the proposed action, alteration or amendment, and that there is good cause for the vacation, alteration or amendment, the Town Council may vacate, alter or amend the plat/map, any portion of the plat/map, or any street or lot.  21.14.10.3. The Town Council may approve the vacation, alteration or amendment by amended plat/map, administrative order, or deed containing a stamp or mark indicating approval by the Town Council. 21.14.10.4. Applications for an amended plat/map, lot split or other action under this chapter are not finalized until such is recorded in the office of the Washington County recorder. 21.14.10.5. An aggrieved party may appeal the Town Council decision to a hearing officer and may appeal the hearing officer’s decision to the district court as provided in Utah Code Annotated section 10-9a-801.  21.14.10.6. This section does not apply to vacations of a subdivision map/plat pursuant to 12.14.6.2 of this Chapter.  21.14.11.  Lot Splits. Applications to split one lot into two (2) parcels shall be processed by the Town Council.