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Month: February 2023
Ordinance 24-25, Subdivisions: ORDINANCE NO. 24-25 AN ORDINANCE OF FILLMORE CITY, UTAH AMENDING FILLMORE CITY MUNICIPAL CODE TITLE 10, CHAPTER 18, SUBDIVISION, TO COMPLY WITH RECENT STATE LEGISLATIVE CHANGES. The City Council of the City of Fillmore, Utah, (referred to herein as the “City Council”), states the following as the basis for enacting this ordinance: RECITALS Fillmore City previously adopted a land use ordinance, pursuant to law, which is set forth in Chapter 10 of the Fillmore City Municipal Code. Fillmore City may enact and amend ordinances, resolutions, and rules regarding land use for the purposes outlined in Utah Code Ann. § 10-9a-102. On July 19, 2022, Fillmore City considered proposals for professional services to update Fillmore City’s zoning ordinance, subdivision ordinance and annexation policy plan, and ultimately approved Sunrise Engineering’s Proposal dated May 26, 2022. State legislation, including S.B. 174 and H.B. 476, enacted a new process for subdivision review and approval, which required municipalities to make certain changes to subdivision ordinances by December 31, 2024. On December 11, 2024, the Fillmore City Planning Commission (referred to herein as the “Planning Commission”) held a public hearing to receive public comment regarding such amendment, after publishing notice as required by law, and there allowed the opportunity for public comments related to the proposed enactment. After considering the matter, the Planning Commission found the amendment to be appropriate and found that it was in the public interest to recommend the adoption to the City The City Council has now considered the matter and received public comment, after publishing notice as required by law, and has determined that the Planning Commission recommendation is appropriate and the changes should be adopted as such changes further the health, safety and welfare of Fillmore City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fillmore, Utah: SECTION 1: Adoption of Recitals. The Recitals set forth above are hereby adopted and incorporated into this ordinance by reference. SECTION 2: Amendment of Fillmore City Municipal Code, Title 10, Chapter 18, Subdivisions. The Fillmore City Municipal Code Title 10, Chapter 18, Subdivisions, is hereby amended as attached, to be incorporated herein. SECTION 3: Continuing Effect of Fillmore City Municipal Code. Except as specifically amended hereby, all terms, provisions and conditions set forth in Title 10 of the Fillmore City Municipal Code, including Title 10, Chapter 18, Article A, Design Standards for Construction and Development, shall remain and continue in full force and effect. SECTION 4: Effective Date. This ordinance shall become effective upon publication. SECTION 5: Publication. This ordinance or a summary thereof is ordered published in accordance with Utah Code Ann. § 10-3-711, as a class A notice under Section 63G-30-102. SECTION 6: Severability. If any provision of this ordinance less than the entire ordinance is held invalid by a court of competent jurisdiction, this ordinance shall be deemed severable, and such finding of invalidity shall not affect the remaining portions of this ordinance. SECTION 7: Conflicting Ordinances. To the extent that any ordinances, resolutions, or policies of Fillmore City conflict with the provisions of this ordinance, they are hereby amended to be in accordance with the provisions hereof. CHAPTER 18 SUBDIVISIONS : PURPOSE : DEFINITIONS : SUBDIVISION APPROVAL REQUIRED : PLAT SUBDIVISION: PROCESS OVERVIEW AND GENERAL REQUIREMENTS : PLAT SUBDIVISION: PRE-APPLICATION MEETING : PLAT SUBDIVISION: PRELIMINARY SUBDIVISION APPLICATION : PLAT SUBDIVISION: FINAL SUBDIVISION APPLICATION : EXEMPTIONS FROM PLAT REQUIREMENT (NON-PLAT SUBDIVISION) : VACATION OR AMENDMENT OF SUBDIVISION PLAT OR PUBLIC STREET : BOUNDARY LINE ADJUSTMENT : PARCEL OR LOT CONSOLIDATION : RECORD OF CONDOMINIMUM PLAT : PURPOSE The purposes of this chapter are to: Public Health and Safety: Protect and provide for the public health, safety, and general welfare of the City. Growth And Development Consistent with the General Plan: Guide the future growth and development of the City in accordance with the General Plan. Development: Encourage the orderly and beneficial development of land within the Avoid Conflicts: Protect the integrity of buildings, land, and improvements, and to minimize the conflicts among the uses of land and buildings. Relationship Between Uses of Land: Provide a beneficial relationship between the uses of land, buildings, traffic circulation, and the proper location and width of streets and building Standards of Design: Establish reasonable standards of design and procedures for subdivisions, condominium plats, plat amendments, and lot line adjustments, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and recordation of subdivided land. Public Facilities: Ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision. Natural Resources: Encourage the wise use and management of natural resources in order to preserve the integrity, stability, and aesthetics of the community. Rural Development: Continue the rural development and variety of structural design within Residential Zones. Open Spaces: Provide for open spaces through the most efficient design and layout of the land, while preserving the density of land as established in the Zoning and Subdivision Code of the City. : DEFINITIONS The following definitions shall be used in the interpretation and construction of this chapter: “Administrative land use authority” means an individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission. “Administrative land use authority” does not include a municipal legislative body or a member of a municipal legislative body. “Affected entity” means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; the entity has filed with the municipality a copy of the entity's general or long-range plan; or the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. “Lot” means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the Office of the Millard County Recorder. “Parcel” means any real property that is not a lot. "Plat" means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Utah Code Ann. §§ 10-9a-603 or 57-8-13. "Record of survey map" means a map of a survey of land prepared in accordance with Utah Code Ann. §§ 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. "Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. “Subdivision amendment” means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that vacates all or a portion of the subdivision; alters the outside boundary of the subdivision; changes the number of lots within the subdivision; alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision. : SUBDIVISION APPROVAL REQUIRED No person shall subdivide any parcel of land in the City except in compliance with this No building permit shall be approved for the use of any land or the construction of any building or structure on a lot or parcel created in violation of this title, or on a lot in a subdivision created by judicial decree, until a subdivision plat has been approved and properly recorded as required by this Any license or permit issued in conflict with the provisions of this title shall be null and void. No person shall sell, lease, exchange, encumber or otherwise transfer or convey any parcel of land which is the result of subdivision of a larger tract of land unless and until a final plat, for Plat Subdivisions, or deed, for Non-Plat Subdivisions, prepared in accordance with the provisions of this title, shall have been first approved by the Land Use Authority and recorded in the office of the Millard County Recorder. No person shall transfer and no building permit shall be approved for any parcel or lot if any boundary line adjustment, subdivision amendment, or consolidation of lots or parcels, affecting such lot or parcel, did not comply with the provisions of this Title. : PLAT SUBDIVISION PROCESS OVERVIEW AND GENERAL REQUIREMENTS Intent: This Section 10-18-4 provides definitions, standards, and general requirements for platted subdivisions and shall be applicable to the following sections which address the plat subdivision process: Sections 10-18-4, 10-18-5, 10-18-6 and 10-18-7. Definitions: The following definitions shall be used in the interpretation and construction of this section and the sections that follow applicable to the platted subdivision process, including Sections 10-18-5, 10-18-6, and 10-18-7: “Development Review Committee” means a body comprised of the City’s Planning Administrator, City’s Public Works Director, City Engineer, City Attorney, and Dixie Power Representative. Such body, for purposes of subdivision review, does not include a member of the City’s legislative body. “Review Cycle” means: the Subdivider's submittal of a complete subdivision application; the municipality's review of that subdivision application; the municipality's response to that subdivision application, in accordance with this section; and the Subdivider's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information. “Subdivider” means a record owner of property, or their agent, who submits an application to subdivide their property. “Subdivision application” means a land use application for the subdivision of land. “Subdivision improvement plans” means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision. "Subdivision ordinance review" means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances. "Subdivision plan review" means a review of the Subdivider's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation standards and inspection specifications for infrastructure improvements. “Water conveyance facility” means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. Water Conveyance Facility does not mean a ditch, canal, flume, pipeline or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility. Authority: The administrative land use authority for review of plat subdivisions shall be the Development Review Committee (“DRC”) as defined in this section. Subdivision Application Process Overview: Process: Prior Legislative Approval: If the application requires legislative approvals, such as a zone change, annexation, general plan amendment, street or municipal utility easement vacation, or any other legislative action, the legislative approval shall be completed prior to submittal of the preliminary plan The legislative body may grant an approval which approval shall be made contingent upon completion of the subdivision application process within a reasonable time frame, not to exceed twelve (12) months. Subdivision Approval Process Generally: Subdivider may request a Pre-Application Meeting pursuant to Section 10-18-5; Subdivider shall apply for Preliminary Subdivision Application approval in compliance with Section 10-18-6 which review shall commence upon submission of a complete Preliminary Subdivision Application, which application shall include the Subdivision Improvement Plan, and shall follow the review cycle standards; and Upon, or concurrent with, approval of the Preliminary Subdivision Application, including the Subdivision Improvement Plan, Subdivider shall apply for Final Subdivision Application approval in compliance with Section 10-18-7. The review of such shall commence upon submission of a complete Final Subdivision Application, and shall follow the review cycle standards. City Shall Maintain and Publish: The City shall maintain and publish a list of the items comprising the complete subdivision application, including: The application; The owner’s affidavit; An electronic copy of all plans in PDF form; The subdivision plat drawings; and A breakdown of fees due upon approval of the Review Cycle Standards: Application of Review Cycle Periods: The review cycle periods apply to subdivision applications for single- family dwellings, two-family dwellings, or townhomes. The review cycle periods do not apply to: Subdivision applications for uses other than single-family dwellings, two-family dwellings, or townhomes; or Subdivision applications affecting property within identified geological hazard areas. Subdivision applications for uses other than single-family dwellings, two- family dwellings, or townhomes shall follow the process outlined in this Section 10-18-4, without strict compliance to the Review Cycle periods and deadlines with the exception of expiration periods. Initial Review Period: Complete Subdivision Application: For single-family dwellings, two- family dwellings, or townhomes that are not located within identified geological hazard areas, the City has 30 business days after submission of a complete subdivision application for the initial If the application is not complete, the City shall return the application to the Subdivider and the review cycle shall not commence. Subdivision Improvement Plan: For single-family dwellings, two-family dwellings, or townhomes that are not located within identified geological hazard areas, the City has 40 business days after submission of a complete subdivision improvement plan for the initial review. Second and Subsequent Review Periods: If a Subdivider does not submit a revised subdivision improvement plan within 40 business days after the City requires a modification or correction, the City has an additional 20 business days, for a total of 60 business days, to respond to a revised subdivision improvement plan. If the Subdivider’s response is not complete, the City shall return the Subdivider’s response to the Subdivider and the second or subsequent review cycle shall not Final Review Period: Maximum Number of Review Cycles: The City may not require more than four review cycles for a subdivision improvement plan review. Failure to Respond: If on the fourth or final review, the City fails to respond within 20 business days, the City shall, upon request of the property owner, and within 10 business days after the day on which the request is received: For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code § 10- 9a-508(5)(d) to review and approve or deny the final revised set of plans; or For a dispute arising from the subdivision ordinance review, advise the Subdivider, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal City’s Response to Submittal: The City’s response, in each review cycle, must be comprehensive, i.e., all comments from all departments must be sent to the Subdivider in one Request for Additional Information or The City may require additional information relating to a Subdivider’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction or public improvements, and modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information. The City’s request for additional information or modifications to plans shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions. Corrections Waived; Exceptions: Except as necessary to protect public health and safety or to enforce state or federal law, a change or correction not addressed or referenced in the City’s subdivision improvement plan review is waived unless such change or correction is necessitated by the Subdivider’s adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific Subdivider’s Response to City’s Response: A Subdivider shall provide a written explanation in response to the municipality’s review comments, identifying and explaining the Subdivider’s revisions and reasons for declining to make revisions, if The Subdivider’s written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If a Subdivider fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed. Material Change: If a Subdivider makes a material change to a subdivision improvement plan, the City has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects. : PLAT SUBDIVISION: PRE-APPLICATION MEETING Scheduling: Within fifteen (15) business days after a written request is made by the Subdivider for a pre-application meeting, which request shall include the information required under Subsection (B), the City shall schedule a Pre-Application Meeting. Information Made Available by Subdivider: The Subdivider shall include, with Subdivider’s request for a pre-application meeting, a concept plan for City staff review which shall, at a minimum, include the following: The general location of the subdivision and the property boundaries of the proposed subdivision area; The topographic contours from available data, g. USGS maps; The acreage of the entire tract as well as the number of lots and dimensions and size per lot; The current and proposed zoning; A brief written statement or oral presentation in sufficient detail that the intent of the subdivider is clear regarding the proposed use of the property; The feasibility of the anticipated impact, demand and availability of utilities and utility connections, including water, sewer, and power; and Any phasing plan, if Information Made Available by City: At the pre-application meeting, the City shall provide or have available on the municipal website, the following: Copies of applicable land use regulations; A complete list of standards required for the project; Preliminary and final application checklists; and Feedback on the submitted concept No Vested Rights: The pre-application meeting, including review and comments regarding the submitted concept plan, does not create any vested rights or approval. : PLAT SUBDIVISION: PRELIMINARY SUBDIVISION APPLICATION Petition: Subdivider shall submit a complete Preliminary Subdivision Application on a form provided by the City with all the requested information and necessary attachments. Such petition shall include: An owner’s affidavit; An electronic copy of all plans in PDF format; Preliminary plat and Subdivision Improvement Plan drawings; Payment of all Preliminary Plan fees; The Subdivision Improvement Plan; All other required details, specifications, information, permits, and other information as detailed in Fillmore City Code or regulations by the applicable jurisdiction; and If Subdivider received conditional approval for Residential Multi-Family zoning of Subdivider’s Property, Subdivider shall meet the requirements of Section 10-7D-1 et seq. and the executed development agreement. Notice and Public Comment: The City shall provide notice on the City’s website, and to the following via mail, at the petitioner’s cost, at least ten (10) calendar days before the land use authority may approve the petition: Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and Record owners of property located within three hundred feet (300’) of the property that is the subject of the proposed vacation or amendment, sent to the mailing address appearing on the rolls of the County Assessor. Water Conveyance Facilities: If the location of the proposed subdivision is within one hundred (100) feet of a water conveyance facility, the City shall, within twenty (20) calendar days after receipt of the completed application, notify in writing the Water Conveyance Facility Owner(s) of the Application and request comments related to the following aspects of the water conveyance facility: access, maintenance, protection, safety, and any other issues related. The notice shall include: A copy of the filed petition or a description of such petition with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and A deadline, in which any comments shall be filed with the City, of: At least ten (10) calendar days for affected entities and record owners of property within 300 feet; and At least twenty (20) calendar days for any Water Conveyance Facility Owner(s). Approval Prohibited During Twenty (20) Calendar Day Window: While the City may provide comments to the Subdivider before this twenty (20) day window is complete, the Administrative Land Use Authority shall not grant approval until at least twenty (20) days after the day on which the City mailed notice to the affected entities, record owners of property within 300 feet, and water conveyance No Public Hearing: Unless otherwise required under State Code, no public hearing shall be held. Consideration and Approval: Approval: Upon completion of review, pursuant to the Review Cycle, as set forth in Section 10-18-4(E), if the Administrative Land Use Authority finds the Subdivider has completed all requirements addressed during the Review Cycle and that the Preliminary Application, including the preliminary plat and Subdivision Improvement Plan, complies with the requirements of this Title and all adopted City standards and specifications, then the Administrative Land Use Authority shall approve the Preliminary Subdivision Application, including the Subdivision Improvement Plan. Certificate of Approval: Upon approval, the City shall prepare a certificate of written However, no plat shall be signed and recorded in the Office of the Millard County Recorder until approval of a Final Subdivision Application. Expiration: Incomplete Response or Lack of Response: An application is expired if, during the review cycle, the Subdivider does not reply to the City’s response by submitting a complete response within twelve (12) months. Approved Preliminary Application: An approved preliminary application is expired if the Subdivider does not submit a complete final subdivision application within twelve (12) months of Preliminary Subdivision Application approval. Phased Final Plats: An approved application remains active on condition that the second and subsequent phases of the final plat are recorded at least every twenty- four (24) months, unless specifically varied in an executed development If a subsequent phase of the final plat is not recorded within the twenty-four (24) month period, the Subdivider must submit a Preliminary Subdivision Application anew for City approval. : PLAT SUBDIVISION: FINAL SUBDIVISION APPLICATION Petition: Subdivider shall submit a complete Final Subdivision Application, on a form provided by the City, with all the requested information and necessary Such petition shall include: An owner’s affidavit; A final plat (or the first phase of a phased final plat); The approved preliminary plat and Subdivision Improvement Plan drawings; An electronic copy of all plans in PDF format; Payment of all Preliminary Plan fees; All other required details, specifications, information, permits, and other information as detailed in Fillmore City Code or regulations by the applicable jurisdiction; and If Subdivider received conditional approval for Residential Multi-Family zoning of Subdivider’s Property, Subdivider shall meet the requirements of Section 10-7D-1 et seq. and the executed development agreement. Phased Final Plats: If Subdivider indicated its intention to develop in phases during the Preliminary Subdivision Application, the City shall consider separate Final Subdivision Applications for each phase. Concurrent Submission: The Final Subdivision Application may be submitted concurrently with the Preliminary Subdivision Application. A Subdivider may submit concurrent Final Subdivision Applications if Subdivider will be developing phases concurrently and intends such phases to be approved and recorded concurrently. Shall Not Vary: The Final Subdivision Application and Subdivision Improvement Plans shall not materially vary from the approved Preliminary Subdivision Application. If the Final Subdivision Application or Subdivision Improvement Plan materially changes from the approved Preliminary Subdivision Application, the City has the discretion to require the Subdivider to submit a Preliminary Subdivision Application anew as provided in Section 10-18-6. Timing: The Final Subdivision Application must be submitted within twelve (12) months after approval of the Preliminary Subdivision Application. Consideration, Approval: Approval: Upon completion of review, pursuant to the review cycle, as set forth in Section 10-18-4(E), if the Administrative Land Use Authority finds that the Final Subdivision Application complies with the requirements of this Title and all adopted City standards and specifications, then the Administrative Land Use Authority shall approve the Final Subdivision Application. Improvement Completion Assurance: Subdivider shall comply with and provide improvement completion assurance as provided in Title 10, Chapter 18, Article Signing and recording of plat: Prior to the signing and recording of a final plat, the final plat shall be reviewed by the City Attorney and the Office of the Millard County Subject to Subdivider providing improvement completion assurance, the Administrative Land Use Authority shall forward the final plat to the legislative body for signature. The City, at Subdivider’s cost, shall record the approved, signed final plat in the Office of the Millard County Recorder. : EXEMPTIONS FROM PLAT REQUIREMENT (NON-PLAT SUBDIVISION) NON-PLAT SUBDIVISION: Authority: The Land Use Authority for purposes of review and approval of a Non- Plat Subdivision is the Planning Administrator. Standards: In lieu of preparing a subdivision plat and proceeding as set forth in Sections 10-18-4, 10-18-5, 10-18-6, and 10-18-7, a Subdivider may elect to follow the Non-Plat Subdivision Process, as set forth herein, if the proposed subdivision: Is not traversed by the mapped lines of a proposed street as shown in the general plan and does not require dedication of land for a street or other public purpose; Has been approved by the culinary water authority and the sanitary sewer authority; Is located in a zoned area; Conforms to all applicable land use ordinance, including frontage, width, and area requirements of the zone district in which it is located or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance; The proposed subdivision would result in buildable lots; The proposed subdivision would result in five (5) or fewer Petition: Any fee owner, as shown on the last County assessment rolls, of land within the subdivision that has been laid out and platted shall, in writing on a form provided by Fillmore City, submit a complete petition for a Non-Plat Subdivision. Such petition shall include: A record of survey map that graphically illustrates the boundaries of each lot or parcel exempted from the plat requirement; All other required details, specifications, information, permits, and other information as detailed in Fillmore City Code or regulations by the applicable jurisdiction. Notice and Public Comment: The City shall provide notice on the City website and to the following via mail, at the petitioner’s cost, at least ten (10) calendar days before the land use authority may approve the petition: Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and Record owners of property located within three hundred feet (300’) of the property that is the subject of the proposed vacation or amendment, sent to the mailing address appearing on the rolls of the County Assessor. The notice shall include: A copy of the filed petition or a description of such petition with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and A deadline of at least ten (10) calendar days in which any written objections shall be filed with the Planning Administrator. No Public Hearing: Unless otherwise required under State Code, no public hearing shall be held. Consideration, Approval, and Recordation: Approval: Approval: If the Land Use Authority finds the Subdivider has completed all requirements and such application complies with the requirements of this Title and all adopted City standards and specifications, then the Land Use Authority shall approve the application and issue a notice of approval. Such notice of approval shall recite the legal description of each resulting parcel of Notice of Approval: The City shall prepare a notice of written Recordation: Such notice of approval, along with a deed, consistent with the descriptions provided in the record of survey, shall be recorded in the Office of the Millard County Recorder, at the petitioner’s cost. Expiration of Approval: The City approval is only valid upon recording of the deed subdividing such property, and the City’s Notice of Approval shall clearly indicate the same. Furthermore, City approval shall expire one hundred eighty (180) calendar days from the date the City’s Notice of Approval was signed unless both the City’s Notice of Approval and the recording of the deed subdividing such property are recorded within that time. One Time Process; Deed Restriction: This Subsection (A) may be utilized only once per parcel of property. Parcels of land which are subdivided as a Non-Plat Subdivision, under this Subsection (A), must be deed restricted with a notation on the documents of conveyance that this one-time election has been exercised and that the resulting parcels may not be further subdivided without recordation of an approved subdivision plat. AGRICULTURAL EXEMPTION FROM PLAT: Authority: The Planning Administrator acts as the land use authority for property proposed to be subdivided without a plat, as an agricultural exemption. Standards: Notwithstanding any other provision of law, a lot or parcel resulting from a division of agricultural land is exempt from the plat requirements of this Title if the lot or parcel: Qualifies as land in agricultural use under Utah Code § 59-2-502; Meets the minimum size requirement of applicable land use ordinances; Is not used and will not be used for any nonagricultural purpose; and Meets the requirements under Subsection (A)(2)(a)-(e) Petition: Any fee owner, as shown on the last County assessment rolls, of land within the subdivision that has been laid out and platted shall, in writing on a form provided by Fillmore City, submits a complete petition for a Non-Plat Subdivision. Such petition shall include: A record of survey map that graphically illustrates the boundaries of each lot or parcel exempted from the plat requirement; All other required details, specifications, information, permits, and other information as detailed in Fillmore City Code or regulations by the applicable jurisdiction. Notice and Public Comment: The City shall provide notice on the City website and to the following via mail, at the petitioner’s cost, at least ten (10) calendar days before the land use authority may approve the petition: Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and Record owners of property located within three hundred feet (300’) of the property that is the subject of the proposed vacation or amendment, sent to the mailing address appearing on the rolls of the County Assessor. The notice shall include: A copy of the filed petition or a description of such petition with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and A deadline of at least ten (10) calendar days in which any written objections shall be filed with the Planning Administrator. No Public Hearing: Unless otherwise required under State Code, no public hearing shall be held. Consideration, Approval, and Recordation: Approval: Approval: If the Land Use Authority finds the Subdivider has completed all requirements and such application complies with the requirements of this Title and all adopted City standards and specifications, then the Land Use Authority shall approve the application and issue a notice of approval. Such notice of approval shall recite the legal description of each resulting parcel of Certificate of Approval: The Planning and Zoning Administrator shall prepare a certificate of written approval that shall accompany the recording of the record of For a record of survey to create a valid subdivision a certificate of written approval must be attached to the document. Unless approval is obtained and recorded on the property, any metes and bounds division after the enactment of this ordinance shall be deemed null and void, for the purposes of zoning. The certificate or written approval required herein shall be in substantially the following form: “The Fillmore City Zoning Administrator hereby represents and acknowledges that the property described herein is part of a metes and bounds division of land, i.e., Non-Plat Subdivision, and is not subject to the requirements for recording a subdivision As such, it is to be used for agricultural purposes under Utah Code Ann. § 59-2- 502, as amended, only and cannot be used for residential or other development purposes until the requirements for a Plat Subdivision have been met. The division and use of the land has been reviewed by Fillmore City staff and has been found to meet the requirements under City ordinances and State statutes. This approval shall expire one hundred eighty (180) calendar days from the date of this Certificate of Approval unless such subdivision of property has been formalized by deed or other adequate recording instrument.” Recordation: Such Certificate of Approval, along with a deed, consistent with the descriptions provided in the record of survey, shall be recorded in the Office of the Millard County Recorder, at the petitioner’s cost. Expiration of Approval: The City approval is only valid upon recording of the deed subdividing such property, and the City’s Certificate of Approval shall clearly indicate the Furthermore, City approval shall expire one hundred eighty (180) calendar days from the date the City’s Certificate of Approval was notarized unless both the City’s Certificate of Approval and the recording of the deed subdividing such property are recorded within that time. Effect of Use or Development of Property for Nonagricultural Purposes: If a lot or parcel exempted herein is used or developed for a nonagricultural purpose, the City may require the lot or parcel to comply with the Plat Subdivision Requirements under Sections 10-18-4, 10-18-5, 10-18-6, and 10-18-7. : VACATION OR AMENDMENT OF SUBDIVISION PLAT OR PUBLIC STREET Intent: In some instances, it becomes necessary to adjust, amend, vacate, or otherwise modify the dimensions of existing lot lines, subdivision plats, or public streets. The City expresses its intention to follow Utah Code Ann. §§ 10-9a-608, 609, and 609.5, as amended, in considering subdivision amendments, and vacations of subdivisions, public streets, and municipal utility easements. Subdivision Amendment or Subdivision Vacation: The process for a subdivision amendment or subdivision vacation shall meet the following regulations: Authority: The Development Review Committee acts as the land use authority when the proposed adjustment, amendment, or vacation does not include an adjustment, amendment, or vacation of a public street, right-of-way, or municipal Petition: Any fee owner, as shown on the last County assessment rolls, of land within the subdivision that has been laid out and platted shall, in writing on a form provided by Fillmore City, submits a complete petition to have the plat, or any portion of it, vacated or amended as provided in this section. Such petition shall include a prepared plat, in accordance with Utah Code Ann. § 10-9a-603 that: Depicts only the portion of the plat that is proposed to be amended; Includes a plat name distinguishing the amended plat from the original plat; and Describes the differences between the amended plat and the original plat and includes references to the original plat. Notice and Public Hearing: The City shall provide notice on the City website and to the following via mail, at the petitioner’s cost, at least ten (10) calendar days before the land use authority may approve the petition: Affected entities that provide service(s) to an owner of record of the portion of the plat that is being vacated or amended; and Record owners of property located within three hundred feet (300’) of the property that is the subject of the proposed vacation or amendment, sent to the mailing address appearing on the rolls of the County Assessor. The notice shall include: A copy of the filed petition or a description of such amendment with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and The date, time, and place of the public hearing, if a public hearing is required, or if no public hearing is required, a deadline of at least ten (10) calendar days in which any written objections shall be filed with the Planning Administrator. A public hearing shall be held within forty-five (45) days after the petition is filed if any of the following circumstances are true: Any owner within the plat notifies the Municipality of their objection in writing within ten (10) days of mailed notification; or All of the owners in the subdivision, or that portion of the subdivision that is being vacated or amended have not signed the revised plat. A public hearing shall not be held if notice has been given as provided by this section and the petition seeks to: Join two or more of the petitioner fee owner’s contiguous lots; Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision; On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (i) owned by the petitioner; or (ii) designated as a common area. Consideration, Approval, and Recordation: Consideration and Approval of Amended Plat: The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that: There is good cause for the vacation or amendment; and No public street or municipal utility easement has been vacated or Recording of Amended Plat: The land use authority shall ensure that the amended plat showing the vacation or amendment is recorded in the Millard County Recorder’s Office, at the petitioner’s cost. An amended plat, approved and recorded in accordance with this section, shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land. Vacating Ordinance: A legislative body may vacate a subdivision or a portion of a subdivision by recording in the Millard County Recorder’s Office an ordinance describing the subdivision or the portion being The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance. The process for vacating a public street, right-of-way, or municipal utility easement shall meet the following regulations: Authority: The legislative body may approve a petition to vacate a public street, right-of-way, or municipal utility easement in accordance with this section. Petition: A complete petition to vacate some or all of a public street, right-of-way, or municipal utility easement shall be submitted on a form provided by Fillmore City, along with the required fee shall be submitted to the Such petition shall include a legal description of the public street, right-of-way, or municipal utility easement is being requested to be vacated. Notice and Public Hearing: The City shall provide notice, at the petitioner’s cost, at least ten (10) calendar days before the land use authority may approve the petition, as follows: As a class A notice under Utah Code § 63G-3-102; The City shall mail notice to: Affected entities; Record owners of property located adjacent to the public street or municipal utility easement between the two nearest public street intersections; Record owners of property that access by or within three hundred (300) feet of the public street or municipal utility easement; The Utah Department of Transportation, if a public street is being requested to be vacated; and The City shall provide notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or municipal utility easement sought to be vacated. The notice shall include: A copy of the filed petition or a description of such public street or municipal utility easement being sought to be vacated, with a statement that a copy of the filed petition is available to review at the Fillmore City Office; and The date, time, and place of the public A public hearing shall be held in accordance with Utah Code Ann. § 10-9- Consideration, Approval, and Recordation: Consideration and Approval: The land use authority may approve the vacation by adopting an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that: Good cause exists for the vacation; and Neither the public interest nor any person will be materially injured by the vacation. Recording Plat or Vacating Ordinance: The legislative body shall ensure that one or both of the following is recorded in the Millard County Recorder’s Office, at the petitioner’s cost: A plat reflecting the vacation; or A vacating ordinance which shall include a legal description of the public street to be vacated. : BOUNDARY LINE ADJUSTMENTS Intent: In some instances, it becomes necessary to adjust property boundaries between parcels, lots, or parcels and The City expresses its intention to follow Utah Code Ann. § 10-9a-523, 524, and 608, as amended, in considering property boundary adjustments. Land Use Authority: The Planning Administrator acts as the land use authority for proposed boundary line adjustments. Standards: An application for a lot or parcel line adjustment shall result in lots or parcels that comply with the following standards: Existing structures comply with all applicable regulations in Title 10 regarding lot size, lot width, and required setbacks unless modified through a planned development or when necessary to comply with a finalized development agreement; The resulting lots or parcels do not alter any existing easement unless the existing easements are included in the application for an adjustment. If the easement is shown on a recorded plat and is impacted by the proposed adjustment, a subdivision amendment is required; The proposed adjustment does not create any new or increase the amount of noncompliance with Title 10 or does not result in a use expanding to a portion of a property where the use is not authorized in the applicable land use tables in Title 10; The resulting adjustment will not result in more than one principal building on a single lot unless authorized by Title 10; The resulting adjustment will not alter any public right of way; The resulting adjustment will not create any new lots or parcels; and The proposed adjustment does not place a parcel or lot into noncompliance with public utility requirements, such as meter standards, utility placement, shared facilities, and other adopted standards. Parcel Boundary Adjustment: Process: For adjustments to a property boundary between parcels, the property owner shall: Execute a boundary adjustment through: A quitclaim deed; or boundary line agreement; and Record the quitclaim deed or boundary line agreement in the Office of the Millard County Recorder. Review by Land Use Authority: Criteria for Approval: If neither parcel includes a dwelling unit, such property boundary adjustment is not subject to review by the land use authority. If one or more of the parcels includes a dwelling unit, the land use authority shall review the boundary lot adjustment to ensure compliance with Subsection (C). Timing of Review: The land use authority shall complete the review within fourteen (14) days after the day on which the property owner submits the boundary lines agreement for review. Deficiencies or Corrections: Upon a review, if the City determines the boundary line agreement is deficient or requires additional information to approve the boundary line agreement, the City shall, within the fourteen (14) days, send written notice to the property owner that (i) describes the specific deficiency or additional information the City requires to approve the boundary line agreement; and (ii) states that the City shall approve once the additional information has been provided and any deficiencies corrected. Notice of Approval: Upon a review, if the City approves the agreement, the City shall send written notice of the boundary line agreement’s approval to the property owner within the fourteen (14) days. Lot Line Adjustments: Process: For adjustments to a property boundary where one or more of the adjoining properties is a lot, the property owner shall: Obtain approval from the land use approval after submission of a completed petition for lot line adjustment, in writing on a form provided by Fillmore City; Submit a petition for an amended plat in accordance with Section 10-18- 9, if required by state law; Execute a boundary adjustment through: A quitclaim deed; or boundary line agreement; and Record the quitclaim deed or boundary line agreement in the Office of the Millard County Recorder. Review by Land Use Authority: The land use authority shall review the boundary lot adjustment to ensure compliance with Subsection (C). Notice of Approval: A notice of lot line adjustment approval shall be recorded in the office of the Millard County Recorder which (i) is approved by the land use authority and (ii) recites the legal descriptions of both the original properties and the properties resulting from the exchange of title. Such notice of approval, along with the approved deed or other recordable instrument shall be recorded by the petitioner, at the petitioner’s cost. Expiration of Approval: The City approval for lot or parcel line adjustment is only valid upon recording of the approved deed or other recordable instrument, and any document of approval issued by the City shall clearly indicate the same. Furthermore, City approval shall expire one hundred eighty (180) calendar days from the date the City’s Notice of Approval was notarized unless both the City’s approval document and the approved recordable instrument are recorded within that time. : PARCEL OR LOT CONSOLIDATION Land Use Authority: The Planning Administrator acts as the land use authority for proposed parcel or lot consolidation. Standards: An application for a parcel or lot consolidation shall result in parcels or lots that comply with the following standards: Existing structures comply with all applicable regulations in Title 10 regarding lot size, lot width, and required setbacks unless modified through a planned development or when necessary to comply with a finalized development agreement; The resulting lots or parcels do not alter any existing easement unless the existing easements are included in the application for an adjustment. If the easement is shown on a recorded plat and is impacted by the proposed adjustment, a subdivision amendment is required; The proposed adjustment does not create any new or increase the amount of noncompliance with Title 10 or does not result in a use expanding to a portion of a property where the use is not authorized in the applicable land use tables in Title 10; The resulting adjustment will not result in more than one principal building on a single lot unless authorized by Title 10; The resulting adjustment will not alter any public right of way; The resulting adjustment will not create any new lots or parcels; and The proposed adjustment does not place a parcel or lot) into noncompliance with public utility requirements, such as meter standards, utility placement, shared facilities, and other adopted standards. Parcel Consolidation: For consolidation of two or more parcels, the property owner shall: Execute a quitclaim deed; and Record the quitclaim deed or boundary line agreement in the Office of the Millard County Recorder. Review by Land Use Authority: Criteria for Approval: If neither parcel includes a dwelling unit, such parcel consolidation is not subject to review by the land use authority. If one or more of the parcels includes a dwelling unit, the land use authority shall review the consolidation to ensure compliance with the standards set forth under Section 10-18-10(C). Lot Consolidation: For consolidation of two or more properties where one or more of the adjoining properties is a lot, the property owner shall follow the subdivision amendment process in Section 10-18-9 and meet the standards set forth under Section 10-18-10(C). Consideration and Approval: Recorded Instrument: The instrument shall clearly indicate that the parcels or lots are to be consolidated into one parcel or lot and one legal : RECORD OF CONDOMINIUM PLAT Each application for condominium shall comply with the provisions of the Condominium Act as set forth in Utah Code Annotated title 57, chapter 8, or any successor statute enacted in its place.
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