10-8-3 MINOR SUBDIVISIONS AND BOUNDARY LINE ADJUSTMENTS

1. Purpose: The purpose and intent of a minor subdivision is to allow a landowner to divide a parcel into four lots, or to make property line adjustments, without having to comply with the regular subdivision requirements of this Code and without filing a subdivision plat. 2. Criteria for a Minor Subdivision: a. To qualify as a minor subdivision each lot shall front an existing improved public road or improved private road approved by the Planning Commission and must have utility services readily available. b. A minor subdivision shall not: i. include the construction and dedication of new infrastructure, unless approved by the Planning Commission and City Council; ii. be a part, phase or undeveloped remainder of a larger subdivision; iii. The minor subdivision must have adequate culinary water, sewer and electrical services readily available at such time as it is developed for commercial or residential use; c. Property may be required to be reserved to the City by easement in the new deeds, when they are along existing City streets in order to increase the right-of-way to current City standards. d. Seven and one-half feet Public utility easements shall be included along the exterior boundaries of all lots in minor subdivision deeds; e. The local health department shall review the plans for wastewater permit feasibility and issue an affirmative feasibility report prior to the final approval of the subdivision by the City. The owner or developer shall also obtain local health department approval of the plans and specifications for the initial construction or any change of onsite wastewater systems, which receive domestic wastewater. The local health department’s review and approval of feasibility and plans for onsite wastewater systems shall be pursuant to the provisions of Rule 317-4-3 of the Utah Administrative Code and other applicable provisions of state law and state administrative rules; f. The minor subdivision must be located in a zoned area and conform to all applicable land use ordinances; g. The subdivision must not be not traversed by the mapped lines of a proposed street as shown in the general plan and does not require the dedication of any land for roads or other public purposes; h. All associated improvements such as sidewalk, curb, gutter, or alternate drainage shall also be constructed to City standards, unless waived by the City council. The City may also require a drainage plan and the installation of related flood control improvements and other City or private utilities as may be necessary. No building permit shall be issued in the minor subdivision until such time as all of the required improvements and the installation of utilities have been completed or until a financial assurance has been filed with the City that complies with the requirements of this Code. The City Council may also require that the subdivision improvements be guaranteed for two years after their installation, in a manner consistent with guarantees required for a standard subdivision. 3. Approval Process: a. A minor subdivision may be created by a metes and bounds conveyance, approved by the City. b. The City Council may consider any application for a minor subdivision upon recommendation from the Planning Commission. c. An application for a minor subdivision shall be made by submitting: d. An application form; e. All applicable fees; f. An owner/agent affidavit form, certifying the ownership of the original parcel(s) being subdivided or altered; g. A site plan showing the configuration of the lots and the location of all structures on the new and all adjoining lots; h. A survey stamped by a licensed surveyor showing a metes and bounds description of each parcel in the minor subdivision including the new lots and the balance of the original lot together with a description of the location of the fence lines in relation to the deeded property lines. The record of survey, graphically illustrating each minor subdivision lot shall be recorded with the county recorder after the minor subdivision has been approved by Planning Commission and City Council and after the survey has been signed by the Chair of the Planning Commission and the Mayor. i. A copy of a deed for each of the parcels of land that is being subdivided, including the new lots and the balance of the original parcel, which deeds shall include a grant of a seven and one half foot utility easement around the perimeter of each lot. j. After review and recommendation of the Planning Commission, the application shall be reviewed by the City Council, which shall then approve or deny the application. If approved, the new deeds shall be stamped or marked, indicating that the subdivision has been approved by the City with the Mayor’s signature affixed. The City’s approval shall be attested by the City Recorder. k. The City Council shall review the minor subdivision at a public meeting where it may approve or deny the plat. If approved, the deeds and survey shall be recorded within thirty days if no financial guarantee is required or within ninety days if a financial guarantee is required for subdivision improvements. If a financial guarantee is required, the City Council may authorize the Mayor and City staff to approve the financial guarantee after approval of the minor subdivision. plat. If the deeds and survey is not recorded as provided herein the minor subdivision shall be void. (Ref UCA §10-9a-103, 10-9a-207, 10-9a-603, 10-9a-604) 4. Boundary Line Adjustments: a. The owners of record of adjacent parcels that are described by either a metes and bounds description or a recorded plat, may exchange title to portions of those parcels, if the exchange of title is approved by the City Council in accordance with Subsection 9.8.4(b). b. The City Council shall approve an exchange of title under Subsection 9.8.4(1)(a) if no new dwelling lot or housing unit will result from the exchange of title; and the exchange of title will not result in a violation of any land use ordinance. c. If an exchange of title is approved under Subsection 9.8.4(b): i. a notice of approval shall be recorded in the office of the county recorder which: A. is executed by each owner included in the exchange and by the land use authority; B. contains an acknowledgment for each party executing the notice in accordance with the provisions of U.C.A. Title 57, Chapter 2a, Recognition of Acknowledgments Act; C. recites the descriptions of both the original parcels and the parcels created by the exchange of title and; E. contain a certificate of approval by the City, signed by the Mayor and attested by the City Recorder. ii. a conveyance of title reflecting the approved change shall be recorded in the office of the county recorder. d. A notice of approval recorded under this section does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property.