Chapter 6 (2025 revision) Chapter 6: Development Standards and Subdivision Regulations (as revised January 2025) (part 3 of 3)

accordance with the established policy and procedure. 6.24.2.1. Reduction of Performance Guarantee A performance guarantee may be reduced upon actual completion and acceptance of public improvements and then only to the ratio that the public improvement accepted bears to the total public improvements for the plat. In no event shall a performance guarantee be reduced below twenty five (25) percent retainage of the principal amount until total completion. 6.25. Escrow Deposits or Letters of Credit for Lot Improvements When, by reason of the season of the year any lot improvements required by the subdivision regulations cannot be performed, the Building Official may, nevertheless, issue a temporary certificate of occupancy, provided there is no danger to health, safety, or general welfare, upon accepting a cash escrow deposit or letter of credit in an amount to be determined by the Town Engineer for the cost of improvements. The performance guarantee covering such lot improvements shall remain in full force and effect. All required improvements for which escrow or letters of credit have been accepted by the Building Official at the time of issuance of a certificate of occupancy shall be installed by the developer within six (6) months from the date of deposit and issuance of the temporary certificate of occupancy. In the event that the improvements have not been properly installed, at the end of the time period the Building Official shall give two (2) weeks written notice to the developer requiring him to install the improvements. In the event that they are not installed properly in the discretion of the Building Official, the Building Official may request the Town Board to authorize the Town to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit or letter of credit. 6.26. Maintenance of Improvements 6.26.1. Prior to Completion The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks until over fifty (50) percent of the lots within the subdivision are built upon. 6.26.2. Warranty after acceptance and dedication The applicant shall be required to file a maintenance guarantee with the Town, prior to acceptance, in an amount considered adequate by the Town Engineer and in a form satisfactory to the Town Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of one year after the date of their acceptance by the Town and dedication of same to the Town. 6.27. Issuance of Building Permits and Certificates of Occupancy Where a performance guarantee has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication to the Town, as required in the Planning Commission's and Town Board's final approval of the subdivision plat. The extent of street improvements shall be adequate for vehicular access by the prospective occupant and by emergency equipment, prior to the issuance of any occupancy permit. The developer shall at the time of the dedication submit in escrow or an acceptable letter of credit for the necessary final improvement of the street. No building permits shall be issued for the final ten (10) percent of lots in a subdivision until all public improvements required by the Planning Commission for the plat have been fully completed and dedicated to the Town. 6.28. Consumer Protection Legislation and Conflicts of Interest Statutes No building permit or certificate of occupancy shall be granted or issued if a developer or his authorized agent shall have violated any federal, state, or local law pertaining to consumer protection of real estate land sales, promotion, or practices, or any applicable conflicts-of-interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent jurisdiction. With respect to a lot or parcel of land, in the event a building permit or certificate of occupancy has been granted or issued, it shall be subject to revocation by the Town until so ordered otherwise by a court of competent jurisdiction, provided that in no event shall the rights of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation. Any violation of a federal, state, or local consumer protection law (including but not limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; State "Blue Sky" laws; State subdivision disclosure acts or conflicts of interest statute, law, or ordinance) shall be deemed a violation of these regulations and subject to all of the penalties and proceedings as set forth in this Code. 6.29. Simple Lot Subdivisions 6.29.1. Purpose: Utah State Code provides an exemption from many subdivision requirements for subdivisions with a limited number of lots that are subdivided without a plat. The intent of this simple lot subdivision 6.29.2. process is to take advantage of the Utah State Code exemption for subdivisions located along 6.29.3. existing public infrastructure. This section outlines a separate process for these smaller subdivisions. In this process, an applicant divides property through a metes and bounds record of survey. Applicability: The procedure set forth in this section shall govern the process and requirements pertaining to simple lot subdivisions with up to four (4) lots. An applicant may elect to forgo the simple lot subdivision process and instead proceed with the standard preliminary and final plat subdivision process. Application Process: The subdivider of a simple lot subdivision, after completing the plans required, shall submit a simple lot subdivision application including the simple lot subdivision, the Subdivision Improvement Plans, and all other required documentation and information. 6.29.4. Required Conditions: 6.29.5. For a proposed subdivision to qualify for simple lot subdivision approval, the proposed simple lot subdivision shall: 6.29..1. Be for a single-family dwelling dwelling(s), and any associated accessory dwelling(s). 6.29..2. Be located on property zoned for such use. 6.29..3. Contain no more than four (4) lots. 6.29..4. Have all proposed lots located adjacent to required public utilities and along an existing street that meets all Town standards 6.29..5. Not contain any legislative approval, such as a zone change or text amendment request. Any legislative approval necessary for the simple lot subdivision to meet all requirements shall be pursued separately and shall be completed before the Planning Commission may review the simple lot subdivision application. 6.29..6. Not be traversed by the mapped lines of a proposed street as shown in the general plan unless the Town has approved the location and dedication of any public street, municipal utility easements, any other easement, or any other land for public purposes as the municipality’s ordinances require. 6.29..7. Conform to all applicable land use ordinances. A property that has previously obtained a variance shall be deemed to conform as it relates to the conflict that had necessitated the variance. Submittal Contents: An applicant shall submit an application to the Town for a simple lot subdivision that includes, at a minimum, each of the following: 6.29.5.1. A current title report showing ownership by the applicant. 6.29.5.2. Name of the applicant or authorized agent and contact information. 6.29.5.3. Property address, acreage, boundary, and tax identification number. 6.29.5.4. Date, scale, and North arrow. 6.29.5.5. Vicinity map showing the property’s location relative to municipal boundaries and roads that serve the property. 6.29.5.6. A statement containing the zone, lot size, and amount of frontage along a public street for each proposed lot. 6.29.5.7. A metes and bounds description of the property proposed to be subdivided. 6.29.5.8. A subdivision name. 6.29.5.9. A record of survey map, showing each new lot, which includes the following details: 1. The location of survey by quarter section and township range. 6.29.6. 2. The date of survey. 6.29.7. 3. The scale of the drawing and North point. 4. The distance course of all lines traced or established, giving the basis of bearing and distance and course to two or more section corners or quarter corners, including township and range, or to identified monuments within a recorded subdivision. 5. All measured bearings, angles, and distances separately indicated from those of record. 6. A written boundary description of property surveyed. 7. All monuments set and their relation to older monuments found. 8. A detailed description of monuments found and monuments set, indicated separately. 9. The surveyor’s business name and address. 10. A written narrative that explains and identifies: a. The purpose of the survey. b. The basis on which the lines were established. c. The found monuments and deed elements that controlled the established or reestablished lines. 11. If the narrative is a separate document, it shall contain: a. The location of the survey by quarter section and by township range. b. The date of the survey. c. The surveyor’s stamp or seal. d. The surveyor’s business name and address. 12. The map and narrative shall be referenced to each other if they are separate documents. 13. The map and narrative shall be created on material of a permanent nature on stable base reproducible material in the size required by the county surveyor. Site-Specific Contents: The following documents shall accompany the simple lot subdivision application when deemed necessary by the Town Engineer: 6.29.6.1. Soils Report: The applicant shall provide a detailed soils report addressing the following issues for the subdivision: hill stabilization, road design, foundation design, groundwater impacts, and general soil stability. The report must be stamped and signed by a civil engineer licensed in the state of Utah. 6.29.6.2. Storm Water Plan: The applicant shall provide a detailed storm water plan for the subdivision. This plan shall include all calculations showing that it meets all applicable codes, standards, and specifications. Plans and calculations shall be stamped and signed by a civil engineer licensed in the state of Utah. 6.29.6.3. Other Hazard Information: This may include FEMA floodplain information or other information to mitigate natural hazards. Review and Approval Process: The intent of the simple lot subdivision is to provide timely review and approval of all complete applications, as follows: 6.29.7.1. Optional Pre-Application Meeting: An applicant may request to meet with Town staff and representatives prior to submittal to review the application and requirements. 6.29.7.2. Preliminary Review: The applicant shall submit the application and all required contents. The Town will check for completeness. If not all materials have been submitted, the application shall be returned to the applicant until all required contents are included. 6.29.8. 6.29.7.3. Administrative Review: Once the application is deemed to be complete, the Town shall 6.29.9. complete a review of the simple subdivision application and any associated subdivision improvement plans and determine whether the application meets all requirements or requires corrective actions and shall notify the applicant in a written response: 1. If the application is found to require corrections, the Town shall provide corrections to the applicant. The required corrections are sent to the applicant to prepare for resubmittal. 2. The Town may require additional information relating to the application to ensure compliance with the Town’s ordinances and approved standards. 3. If the application meets all codes, standards, and specifications, Town staff shall forward the application to the Planning Commission. 6.29.7.4. Planning Commission Review: The Planning Commission shall, in a public meeting, review the application and make a decision whether to approve or deny the application. If the Planning Commission determines that the application does not meet all requirements, an applicant may request that the application is tabled until all requirements are met. 1. A courtesy notice shall be sent to all properties within one hundred feet (100’) of the property, notifying the property owners of the time and place of the public meeting and nature of the request. 2. If the applicant meets all applicable requirements, the Planning Commission shall approve the simple lot subdivision application. If the applicant is unable or unwilling to meet all applicable requirements, the Planning Commission shall deny the application. Filing the Record of Survey: 6.29.8.1. After the Planning Commission has approved the simple lot subdivision application, the Town shall create a written certificate of approval to accompany the record of survey. At a minimum, the document shall be notarized by the Town Recorder, specify the name of the subdivision, the number of lots, and the date of Planning Commission approval. 6.29.8.2. The applicant shall provide a check sufficient to cover the recording fees. 6.29.8.3. Within one (1) year of approval the Record of Survey, with the accompanying written certificate of approval, shall be recorded in the Office of the County Recorder. Expiration of Final Approval: If a record of survey is not filed within one (1) year from the date of approval, the approval is deemed to have lapsed and the applicant will need to obtain a new approval and meet any new regulations that may have been put in place.