Chapter 2.01 General Provisions
2.01.020 Penalty for Violating Title.
2.01.025 Land Use Authorities to Ensure Compliance with Ordinance.
2.01.030 Burden of Proof.
2.01.035 Legal Remedies for Violation.
2.01.040 Enforcement Responsibilities.
2.01.045 Reasonable Conditions Imposed.
2.01.050 Proposed Amendments to the Title.
2.01.055 Conflicting Standards.
2.01.065 Unlawful Subdivisions.
2.01.070 Compliance with Approval and Standards.
2.01.075 Nonconforming Structures.
2.01.080 Exempt Subdivisions.
This Title shall be known and may be cited as the “Subdivision Ordinance of Tremonton City, Utah.”
2.01.010 PURPOSES. The purposes of this Title are:
- To promote the health, safety and general welfare of the residents of the City.
- To ensure the efficient and orderly development of land within the City.
- To prevent the uncontrolled division and development of real property, which may be done without considering the rights and best interests of adjoining property owners and the City as a whole.
- To avoid poorly planned developments that:
- Do not comply with the Tremonton City General Plan or Tremonton City Ordinances;
- Cannot be adequately served by existing utilities or public services;
- May prove to be dangerous or unsafe;
- May cause an undue burden on existing traffic or transportation services; or
- May require the future expenditure of public funds to correct problems caused by the development.
- To minimize the number of boundary line disputes in the City and to eliminate existing property line gaps and property line overlaps.
- To provide a mechanism requiring each developer to pay for the public improvements associated with a particular subdivision, and to provide a mechanism for each subdivision to pay its fair share of increased burdens on existing public services.
- To provide design standards for public improvements, facilities and utilities including but not limited to: culinary water; sanitary sewer; storm drainage; natural gas; electrical service; telephone; cable TV; internet; and to provide for accesses to public rights-of-way, to provide for the dedication of land and streets deemed necessary for the proper development of the subdivision, and to provide for easements or rights-of-way that are necessary to service the property.
Unless otherwise noted within this Title all definitions shall be found in Chapter 1.03 of Title I.
2.01.020 PENALTY FOR VIOLATING TITLE.
All punishments, fines, and/or fees for violating this Title shall be in accordance with Title I, Chapter 1.01 General Provisions, Section 1.01.040 Penalty for Violating Title.
2.01.025 LAND USE AUTHORITIES TO ENSURE COMPLIANCE WITH ORDINANCE.
All Land Use Authorities shall issue no permit or license for subdivision where the same would be in conflict with the provisions of this Title and any such permit or license, if issued in conflict with the provisions of this Title, shall be null and void.
2.01.030 BURDEN OF PROOF.
The burden demonstrating compliance with this Title rests with the Developer or Property owner.
2.01.035 LEGAL REMEDIES FOR VIOLATION.
In accordance with UCA 10-9a-802, the Tremonton City Council or any owner of real estate within the zoning district in which an alleged violation of this Title has occurred in addition, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, or subdivision.
2.01.040 ENFORCEMENT RESPONSIBILITY.
The Zoning Administrator is hereby designated and authorized as the officer charged with the enforcement of this Title.
2.01.045 REASONABLE CONDITIONS IMPOSED.
This Title is designed to inform the subdivision developer and the public of the requirements for obtaining subdivision plat approval. To this end, an attempt has been made to outline all subdivision requirements in this Title and other applicable Ordinances and laws. Because each parcel of real property is unique and has its own set of problems to be dealt with, and because there may be some aspects of subdivision development that cannot be easily articulated, it is not possible to cover every possible contingency. Therefore, the Planning Commission and/or the Land Use Authority Board have the authority to impose reasonable conditions upon a subdivider in addition to those expressly required, provided that:
- The conditions are not arbitrary or capricious;
- The Planning Commission and/or the Land Use Authority Board find that the conditions are necessary to promote the health, safety or welfare of the citizens of Tremonton;
- The conditions do not conflict with any applicable law; or
- The conditions imposed are in compliance with Utah Code 10-9a-508 as amended by the Utah Legislature.
2.01.050 PROPOSED AMENDMENTS TO THIS TITLE.
Proposed amendments to this Title shall be processed according to Chapter 1.32 of Title I.
2.01.055 CONFLICTING STANDARDS.
This Title shall not nullify more restrictive laws or more restrictive provisions set forth in covenants, agreements or deed restrictions governing the subdivided property, but shall prevail over such laws or provisions that are less restrictive. This provision shall not be interpreted to imply that the City shall enforce restrictive covenants to which it is not a party.
Should any portion of this Title be found to be invalid or unconstitutional by a court of competent jurisdiction, all remaining portions not found to be invalid or unconstitutional shall remain in full force and effect.
2.01.065 UNLAWFUL SUBDIVISIONS.
- Any division of real property located within the City shall be subject to the terms of this Title unless specifically exempt by this Title.(See Section 2.01.075) The division of real property includes any sale, gift, transfer, conveyance, split or other division that results in changing the boundaries or legal description of a given parcel of real property.
- Illegal Transfer. It is unlawful to transfer, sell, convey, gift or assign any subdivided property before a final subdivision plat for the property to be transferred, sold, conveyed, gifted or assigned is approved and recorded pursuant to the requirements of this Title and applicable State law.
- Lot Standards and Access. Except as otherwise provided, all lots/parcels created by the subdivision of real property shall comply with the City’s lot size, lot width, and buildable area requirements, and shall abut on a dedicated street or private drive connected to a dedicated street.
- Compliance of Illegal Subdivision. Any developer desiring to develop property that has been subdivided illegally shall comply with the requirements of this Title before developing the property, regardless of whether or not the developer was the one who illegally subdivided the property. No Building Permit may be issued for a lot that has been illegally subdivided.
- Recorded Plat Amendments. It is unlawful to amend, vacate, alter or modify any plat, which has already been approved and/or recorded, without first receiving City approval of the amended, vacated, altered or modified plat.
- Protection Strips and Undevelopable Lots. It is unlawful to divide real property in such a way that a parcel of property is created or left behind that cannot be developed according to the requirements of this Title, the City Zoning Ordinance Title I, or other applicable laws, regardless of whether or not a subdivision plat is required for the division. Examples of this type of violation include, but are not limited to, nuisance or protection strips, parcels created or left for the sole purpose of denying another property owner access to his or her property, parcels with insufficient square footage, parcels with insufficient buildable area, parcels that do not meet the requirements of this Title, or the City Zoning Ordinance Title I, and parcels that do not abut on a dedicated street.
2.01.070 COMPLIANCE WITH APPROVAL AND STANDARDS.
All property shall be developed in strict compliance with the approved Preliminary Plat, the approved Final Plat, the approved Construction Drawings, Title III General Public Works Construction Standards and Specifications and all notes, restrictions, covenants, development agreements, dedications, boundaries, and other commitments shown on the approved Preliminary and/or Final Plat. Failure on an approved plan to note any improvement required by this Title on the Preliminary Plat, Final Plat or the construction drawings shall not eliminate the developer’s responsibility to complete the improvements in the subdivision.
2.01.075 NONCONFORMING STRUCTURES.
It shall be unlawful for a subdivision that has the effect of rendering any existing structure nonconforming to current City Ordinances, and shall not be allowed. All property lines, streets and other improvements shall be located in such a way as not to render any existing use or structure nonconforming. However, the Land Use Authority Board may grant an exception to this requirement if, due to substantial difficulty with the topography of the property, a street cannot reasonably and practically be located in such a way that avoids creating a nonconforming structure.
2.01.080 EXEMPT SUBDIVISIONS.
Exempt Subdivisions do not exempt development of the lot or parcel created from compliance with this or any other Title, Ordinance, Policy or Procedure that the City has established. No subdivision approval shall be required for:
- Parcel Size. Any division of land in which all resulting parcels are more than one hundred-sixty (160) acres in size;
- Court Decree. Any division of land that results from a court decree for the distribution of specific parcels of property;
- Public Purpose. Any division of land that results from a condemnation proceeding or the voluntary sale or gift of land to a public entity for a public purpose as determined by the Land Use Authority Board through the Concept Plan review process; or
- Adjustment for Unplatted Property Lines. Any adjustment of unplatted property lines in which no new parcel is created and no new nonconforming lot, use, or building results.