13.08.060 ADMINISTRATION: Exemptions From Plat Requirements - Small Subdivisions

1. Criteria. For the purposes of this section a small subdivision shall be defined as a subdivision of four (4) or fewer lots by legal description from a parcel which meets the following criteria: a. There is no dispute, whether actual or implied by conflicting records of title or surveys, as to the ownership of the land within the proposed subdivision; b. The proposed lots are not part of an existing, platted, recorded subdivision; c. The proposed subdivision is not located within one thousand feet (1,000’) of another small subdivision; d. The proposed subdivision does not result in remnant land (land which cannot be developed due to size, setbacks, etc.) that did no previously exist; e. The parcel proposed to be subdivided currently has the zoning designation required for the minimum lot sizes proposed; f. Each lot within the proposed subdivision meets the frontage, width, and area requirements of the zone district in which it is to be located or has properly received a variance from the requirements of an otherwise conflicting and applicable zoning ordinance; g. The subdivision does not require the dedication of any land for streets or other public purposes within the subdivision and is not traversed by the mapped lines of a proposed street(s) as shown in the County’s General Plan unless the County has approved the location and dedication of any public street, County utility easement, any other easement, or any other land for public purposes; h. All proposed lots have acceptable access to a public street, either by direct frontage or through access by an approved private street which meets this title and the County’s standards and adopted specifications as outlined in the Sanpete County Road Design Manual; i. The subdivision does not require the addition of infrastructure above and beyond that which is generally available in the surrounding area; and j. Each lot has or will be provided with improvements as required in this title.. 2. Authority. The Land Use Authority shall have the ability to approve, approve with conditions, or deny a small subdivision in accordance with the regulations outlined in this chapter. Alternatively, after review of the small subdivision application the Zoning Administrator or the Land Use Authority may direct the applicant to follow the standard procedures for subdivision approval as described elsewhere in this chapter when deemed to be in the public’s best interest. 3. Process. a. Upon receipt of a complete application for a small subdivision, the Zoning Administrator shall distribute copies of the application to other County departments, other other agencies or advisors as in the opinion of the Zoning Administrator may contribute comments or suggestions on the application leading to a decision which is in the best interest of the public. b. Once comments have been received from all notified County departments, agencies or advisors the Zoning Administrator shall review the submitted application and check for compliance with the relevant requirements of the County’s General Plan, subdivision ordinance, zoning ordinance, and other appropriate regulations, and shall present a staff report to the Land Use Authority at their next regularly scheduled meeting. c. Based on the staff report the Land Use Authority shall make findings regarding the submitted application, specifying the approval, approval with conditions, or denial of the proposed small subdivision specifying any inadequacy in the information submitted, noncompliance with County regulations, questionable or undesirable design and/or engineering. The Zoning Administrator shall prepare a notice of decision and deliver it to the applicant within a reasonable time period following the review, outlining the decision of the Land Use Authority, including any findings or conditions of approval. i. The Land Use Authority may require additional information, data, or studies to be provided by the applicant for the small subdivision before any determination is made as to the acceptability of the proposed subdivision. ii. The Land Use Authority shall take the following into account when determining whether the application should proceed forward as a small subdivision or be required to follow the standard subdivision process: 1. The size of the proposed development; 2. Whether the proposed subdivision lies within a sensitive land area (i.e., a geologic hazard study area or similar); 3. Compliance with the County’s ordinances and relevant sections of the general plan; 4. Requests for exceptions or modifications; 5. Compatibility with surrounding properties; and 6. Whether the proposal is routine and uncontested. 4. Appeals. The applicant may appeal any decision of the Land Use Authority to the Board of County Commissioners within fourteen (14) days of the notice of decision. The appeal shall be submitted in writing to the Zoning Administrator. The Board of County Commissioners shall then, during a public meeting, review the record of the decision and determine if the Land Use Authority’s decision was in accordance with this title. 5. Recordation. Once an approval of a small subdivision has been granted, the recordable deed including the legal description(s) along with the Land Use Authority’s certificate of written approval as described in §17-27a-605 of Utah State Code (as amended) shall be recorded with the County Recorder. If recordation has not been completed within six (6) months from the date of the Land Use Authority’s approval, the application will be deemed to have been abandoned, and a new application shall be required.