Chapter 2.07 Lot Splits2018-10-18T14:10:11+00:00

CHAPTER 2.07
LOT SPLITS

Sections:
2.07.005 Purpose.
2.07.010 Lot Splits Allowed.
2.07.015 Submission of Application.
2.07.020 Form and Content of Required Documents.
2.07.025 Public Notice.
2.07.030 Review and Approval Standards.
2.07.035 Approval Standards.
2.07.040 Required Improvements.
2.07.045 Entitlements.
2.07.050 Development Agreement of Owner/Developer.
2.07.055 Validity of Lot Split Plat Approval.
2.07.060 Appeals.
2.07.065 Ambiguity in Process.

2.07.005 PURPOSE. This Chapter allows property owners whose property meets the standards contained herein a process to divide their property a limited number of times without being subject to all the requirements of a subdivision contained in Chapters 2.05 and 2.06.

2.07.010 LOT SPLITS ALLOWED. Lot Splits are allowed when the proposed subdivision is in compliance with the standards contained herein.

2.07.015 SUBMISSION OF APPLICATION. Property owners or their duly authorized agent shall make application for a Lot Split on forms approved by the Zoning Administrator. No Lot Split application may be processed without the submission of the application, all the supporting materials required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance. The time frame for when an application shall be submitted in order to be heard at a Development Review Committee meeting shall be set by policy of the Zoning Administrator.

2.07.020 FORM AND CONTENT OF REQUIRED DOCUMENTS. The following materials shall be submitted with any application for a Lot Split. The number of hard copies and electronic copies, as well as the appropriate format of each, shall be determined by the Zoning Administrator.

A. Lot Split Plat. A Lot Split Plat prepared by a Land Surveyor registered in the State of Utah that contains the boundaries, dimensions, existing and proposed public rights-of-way accessing the property or reserved rights-of-way for future subdivision of the property, legal descriptions of the original parcel and the new parcels. Lot Split Plats are required to comply with requirements of a Final Plat contained in 2.04.020. Lots having existing residential or commercial structures shall be shown on a Lot Split Plat.

B. Construction Drawings. Construction drawings showing existing ground and/or asphalt elevations, planned grades and elevations of required subdivision improvements contained in this Title, the location of all public utilities in accordance with Section 3.01.015 of Title III. Improvements shown on the construction drawings shall be in accordance with the approved Lot Split Plat All Construction drawings shall be designed by a Professional Engineer, licensed in the State of Utah and qualified to perform such work. All construction drawings shall have the design Engineer State license seal stamped and signed on all submitted sheets.

C. Utility Plan. A plan indicating the existing and proposed locations of all utilities near or that will service the lots. Documents evidencing consent from other utility providers stating that they will provide service to the subdivision.

D. Engineer’s Estimate. Engineer’s estimates of all the required subdivision improvements associated with the Lot Split Plat and construction drawings.

E. Title Report. A title report prepared by a title company licensed to practice in the State of Utah, which shows that the owner/applicant owns or represents the owner(s) of all of the property contained within the Lot Split Plat.

F. Soils Report. A soil report prepared and stamped by a licensed Geotechnical Engineer may be required based on topography, hazards or sensitive land areas. (See Section 2.06.040 of this Title for what is to be included in the Geotechnical report).

G. Any other documents the City may reasonably require ensuring compliance with the terms and purposes of City Ordinances.

H. Fee. Payment of the applicable fee as set by Resolution of the City Council.

2.07.025 PUBLIC NOTICE.

A. Lot Splits – Public Meeting. Twenty-four (24) hour notice of public meeting posted in at least three (3) public places or the City website and Utah public notice website. No public hearing is required.

B. Notice to Applicant. Pursuant to Utah Code Annotated 10-9a-202 the Zoning Administrator shall: notify the Applicant of the date, time, and place of each public meeting to consider Applicant’s Lot Split Plat application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Lot Split Plat application at least three (3) business days before the public meeting; and notify the Applicant of any final action on Applicant’s Lot Split application.

2.07.030 REVIEW AND APPROVAL STANDARDS. Upon submission of the aforementioned materials, the Zoning Administrator will review the application for completeness, accuracy, and for preliminary compliance with the criteria for approval. The Zoning Administrator shall not place applications for Lot Splits that clearly do not meet the criteria for approval on the Development Review Committee’s Agenda.

A. Development Review Committee Approval. If the proposed development complies with all applicable criteria identified in this Chapter, and the submission is complete in all respects, the Development Review Committee shall take action. The Development Review Committee may approve, approve with conditions, disapprove based upon findings of facts or table the application and request further information to resolve any issues or questions prior to approval.

2.07.035 APPROVAL STANDARDS. The Development Review Committee shall approve Lot Splits if the proposed application meets all of the following criteria for approval. Failure to meet all of the criteria will require the request to be processed according to the preliminary plat and final plat process.

A. Lot of Record. The subject parcel for division shall be an existing lot of record as of June, 2016 and not recorded as a previous subdivision plat.

B. Density. That the entire acreage which is comprised of a subdivision has a density no greater than one (1) dwelling unit per four (4) acres with a maximum of five (5) dwellings per original parcel.

C. Public Access. All lots shall have access to a public street.

D. Lot Size. The division of the property shall not create lots that are less than the lot size within the zoning district that the property is situated in.

2.07.040 REQUIRED PUBLIC IMPROVEMENTS. The following public improvements are mandatory in all Lot Splits and shall be installed by the developer in accordance with Title III General Public Works Construction Standards and Specifications. Additional requirements and standards pertaining to the required improvements include but are not limited to this section and other sections of this Title and Title I as may be noted by section references below.

A. Fire Protection. Any lot that is created by a Lot Split shall be within the International Fire Code required distance to a fire hydrant.

B. Sewer Collection. The subject parcel for division shall be a distance greater than three hundred (300) feet from the nearest sewer collection system or as determined by the Development Review Committee for unusual circumstances.

C. Water Connection. Any lot that is created shall connect to Tremonton City culinary water system.

D. Recorded Notices. The applicant is willing to sign a notice(s) to be written on the Lot Split Plat, and also recorded as a separate document in the Box Elder County Recorder’s Office, that runs with the land addressing such issues as the required future connection to the sanitary sewer collection system and treatment plant, which includes the future payment of connection and impact fees paid at the time of connection. Such notice shall be approved by the Tremonton City Attorney.

E. Future Rights-of-Way. The Land Use Authority may require the reservation of future rights-of-way to provide access for future development. Such reservation of future rights-of-way shall be shown on the Plat and shall typically be the full width of all street rights-of-way; provided, however, that in cases where a proposed street in the subdivision abuts undeveloped property where no street currently exists and the property is not owned by the applicant, the Development Review Committee (DRC) may waive the full width reservation requirement and allow the reservation of a lesser width if DRC finds that such is necessary to promote the health, safety, and welfare of the public. In no case, however, shall the lesser width allowed be less than half of the full right-of-way plus twelve (12) feet.

1. The Development Review Committee shall require the dedication of future rights-of-way where shown as part of Tremonton City Transportation Master Plan or near a future transportation corridor as determined by the Development Review Committee.

F. Fee-in-Lieu of Constructing Improvements. When the Developer cannot make public improvements the applicant shall pay a fee-in-lieu of constructing the following public improvement that may include, but is not limited to: half width of full road improvements, which include, but are not limited to: curb, sidewalk, storm drainage and asphalt. The fee-in-lieu payment shall be the current cost of constructing the improvement as estimated by the City Engineer. The fee-in-lieu payment shall be formalized in the development agreement between the City and developer and the payment shall be made prior to the recordation of the Lot Split Plat or permit being issued. The City shall follow the requirements of all applicable statutory (Utah Code 10-9a-508) and case law in arriving at a just and equitable distribution of the costs of the improvements. Written findings shall be made by the City showing the reasons and justification for the allocation of the costs. The fee-in-lieu payment shall be used towards the costs of installing the improvements and absolve the applicant from making the improvement in the future or paying the future cost of the improvement associated with the improvements that they paid a fee -in-lieu of making the improvements.

2.07.045 ENTITLEMENTS. Entitlements of Lot Split approval allows the Developer to enter into a Development Agreement with the City, and have the Lot Spilt Plat recorded with the Box Elder County Recorder. In accordance with 2.01.025, any Lot Split Plat approved which is in conflict with this Title shall be null and void.

2.07.050 DEVELOPMENT AGREEMENT OF OWNER/DEVELOPER. The Developer shall enter into a development agreement as outlined in 2.04.045.

2.07.055 VALIDITY OF LOT SPLIT PLAT APPROVAL. The Lot Split Plat approval shall expire and be void one (1) year after approval by the DRC, unless the plat has been recorded.

2.07.060 APPEALS.

A. Plats. Any person aggrieved by the decision of any part of the Lot Split process may appeal in accordance with Chapter 1.04 of Title I.

B. The Appeal Authority and deadline for filing an appeal of a Final Plat or amending a Lot Split is as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Development Review Committee to the City Council.

2. Second Appeal. Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801)

3. Third Appeal. None.

2.07.065 AMBIGUITY IN PROCESS. Any ambiguity in the Lot Split Process shall be resolved by following the processes and standards contained in Chapter 2.04 Final Plats; Chapter 2.05 Subdivision Improvements; and Chapter 2.06 Subdivision Regulations and Standards.

ORD 18-15