19.12.07 Minor Subdivision Approval Procedure

Applications to subdivide a parcel into a maximum of four parcels may follow the process described herein as the Minor Subdivision Approval Procedure. The process of effectuating the subdivision of land as a Minor Subdivision shall commence with the submission of a complete Minor Subdivision application to the City. Upon receipt of an application for a Minor Subdivision approval, the following process shall be followed and criteria met: 1. Limitations. a. A Minor Subdivision is a one-time process. To ensure adequate infrastructure, lots contained in an existing recorded subdivision plat are not eligible to apply for a Minor Subdivision. b. The minimum lot size for lots created through a Minor Subdivision shall be one acre, or the minimum allowed by the zone, whichever is greater. c. Lots created through a Minor Subdivision may not be buildable until all other applicable State and local requirements are met. 2. Complete Application. The Planning Director shall have ten business days to determine whether the application is complete. The applicant shall be notified in writing if the application is complete and, if incomplete, shall be notified of the reasons why the application is deficient. 3. Approval. The Land Use Authority shall review the proposed Final Plat to determine whether it is in compliance with the City Code. a. If the proposed plat complies, the Land Use Authority shall approve the plat and authorize the Mayor to sign the plat. b. If the proposed plat fails to comply, the Land Use Authority shall deny the plat, or may continue the decision and return it to the Developer along with a written list of deficiencies that must be corrected before the Land Use Authority will authorize the Mayor to sign it. c. The Planning Director is specifically charged with ensuring that all significant conditions required for plat approval have been resolved before taking final action. 4. Recordation. The City Recorder, or designee, shall be responsible for recording subdivision plats. The developer shall pay for all recording fees at the time of recordation and shall ensure that all rollback taxes on the property are paid in advance prior to recordation. No Final Plat shall be recorded unless and until the plat is properly approved, signed, and accepted by the City. 5. Application Requirements. Applications for Minor Subdivision plats shall include the following items: a. application form completed and application fee paid; b. updated Preliminary Title Report; i. The Title Report must also demonstrate that the proposed minor subdivision has not been involved in any prior minor subdivision; c. Minor Subdivision Plats shall conform to all of the requirements for Final Subdivision Plats layouts as provided in section 19.12.03. 19.12.08. Boundary Adjustments. 1. Standards. Owners may adjust a common boundary between adjacent parcels or lots through a boundary adjustment as follows: a. Simple Boundary Adjustment. b. Full Boundary Adjustment. 2. Application. The owners shall file an application requesting a boundary adjustment together with all required documents outlined in Sections 19.12.08.3 and 19.12.08.4 below, as applicable. 3. Simple Boundary Adjustment a. A proposal for a Simple Boundary Adjustment shall follow the process outlined in Utah Code Chapters § 10-20-906 and § 57-1-45.5. b. If the proposed boundary adjustment does not comply with the process outlined in Section 19.12.08.3.a above, then it shall be processed as a Full Boundary Adjustment 4. Full Boundary Adjustment a. A proposal for a Full Boundary Adjustment shall follow the process outlined in Utah Code Chapters § 10-20-906 and §57-1-45.5 5. Planning Director Review. The Planning Director shall review all the documents to determine if they are complete and that they comply with the requirements set forth above. If the Planning Director determines that the documents are complete, the Planning Director will take action on the Boundary Adjustment. a. The Planning Director shall determine whether the boundary adjustment complies with the requirements of this section and this Title; and b. The Planning Director shall approve, approve with conditions, or deny the adjustment. 6. Notice of Approval and Conveyance of Title. After approval by the Planning Director, the applicant shall: a. Prepare a Notice of Boundary Adjustment Approval which: i. is signed by the Planning Director; and ii. recites the description of both the original parcels and the parcels created by the boundary adjustment; and iii. Record a deed which conveys title as approved; iv. Record the Notice of Boundary Adjustment Approval; and v. Provide City staff with a recorded copy of the Notice of Approval. 7. Boundary Adjustment Not a Subdivision. A boundary adjustment shall not be deemed a subdivision of property and shall not be required to follow the subdivision process of this Title. A boundary adjustment between a single lot and an adjoining lot or parcel is not considered a subdivision plat amendment. 8. Other Divisions of Land. Other divisions of land not meeting the definition of subdivision in Utah Code § 10-20-102, as amended, shall be allowed so long as the process in this Section is complied with and all requirements of § 10-20-102 are met.