007 of 2014 - Amending Title 20 (subdivisions) , Chapter 18.28 (site development regulations) and various sections 0 14-1
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SALT LAKE CITY ORDINANCE
No. 7 of 2014
(An ordinance amending Title 20(Subdivisions).Chapter 18.28(Site Development Regulations)
and various sections of Title 21A(Zoning)of the Salt Lake City Code)
An ordinance amending Title 20(Subdivisions),Chapter 18.28(Site Development
Regulations)and various sections of Title 21A(Zoning)of the Salt Lake City('ode pursuant to
Petition Nos.PI.NPCM2009-00484 and PLNPCM2009-01339 to amend subdivision,site
development,and condominium regulations,and amend related provisions of the zoning
ordinance.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on January
23,2013 to consider a request made by Salt Lake City Mayor Ralph Becker(Petition Nos.
PLNPCM2009-00484 and PLNPCM2009-01339)to amend Title 20(Subdivisions),Chapter
18.28(Site Development Regulations)and various sections of Title 21A(Zoning)of the Salt
Lake City(ode to amend subdivision,site development,and condominium regulations,and
amend related provisions of the zoning ordinance;and
WHEREAS,at its January 23,2013 meeting,the planning commission voted to transmit
a positive recommendation to the Salt Lake City Council on said applications;and
WHEREAS,subsequent to the January 23,2013 planning commission action,planning
division staff identified additional revisions necessary to avoid inconsistency with other
ordinance provisions;and
WIHEREAS,the planning commission held a public hearing on June 12,2013 to
incorporate the additional revisions proposed and ratify its earlier recommendation;and
WHEREAS,at its June 12,2013 meeting,the planning commission voted to transmit a
positive recommendation to the city council on said applications with the additional proposed
revisions;and
WHEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW,'THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending text of Salt Lake City Code Title 20. That Title 20 of the Salt
Lake City Code(Subdivisions),shall be,and hereby is,amended to read as follows:
Title 20
SUBDIVISIONS AND CONDOMINIUMS
Table of Contents
Chapters:
20.04 General Provisions
20.08 Definitions
20.12 Design Standards and Requirements
20.16 Preliminary Plats
20.20 Final Plats
20.24 Lot Line Adjustments
20.28 Subdivision Amendments
Article I. General Provisions
Article II. Subdivision Amendments Not Involving Streets
Article III. Subdivision Amendments Involving Streets
20.32 Consolidation of Parcels
20.36 Noticing Requirements
20.40 Improvements and Flood Control
20.44 Modifications of Standards and Requirements
20.48 Appeals
20.52 Enforcement
20.56 Condominiums
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Chapter 20.04
GENERAL PROVISIONS
20.04.010:TITLE FOR CITATION:
This title shall be known and cited as TITLE 20,SUBDIVISION AND
CONDOMINIUM ORDINANCE OF SALT LAKE CITY,UTAH.
20.04.020:STATUTORY AUTHORITY:
This title is enacted pursuant to Title 10,Utah Code Annotated, 1953,or its successor and
"Title 57 of the Utah Code.This title is further enacted as an implementation element of
the adopted Salt Lake City master plan.
20.04.030:PURPOSE OF PROVISIONS:
The purpose of this title,and any rules,regulations and specifications hereafter adopted.
is to regulate and control the subdivision of land,and condominiums within Salt Lake
City in order to preserve and enhance the health,safety,welfare and amenities of the
community,
20.04.040:MASTER PLAN STANDARDS:
The master plan for Salt Lake City shall guide the use of all land within the corporate
boundaries of the city.The size and design of lots,the nature of utilities,the design and
improvement of streets,the type and intensity of land use,and the provisions for any
special facilities in any subdivision shall conform to the land uses shown and the
standards established in the master plan and the zoning ordinance of the city.
20.04.050:SUBDIVIDER'S RESPONSIBILITIES:
The subdivider shall prepare plats,improvement plans,and related documents consistent
with the standards contained in this title and will pay for the design review and inspection
of public improvements by the city officers as required.The subdivider shall process said
plats,improvement plans,and related documents in accordance with the regulations set
forth in this title.The subdivider shall not alter the terrain or remove any vegetation from
the proposed subdivision site,or engage in any site preparation until a site preparation
(aka site development)permit has been obtained as specified in Title 18,Chapter 18.28 of
this code,or its successor.
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20.04.060: PLANNING DIRECTOR POWERS AND DUTIES:
The planning director shall review the plats and other instruments for design, for
conformity with community master plans and zoning ordinances of the city, as well as for
the environmental quality of the subdivision design, and shall process the subdivision
plats and reports and other actions as provided for in this title.
20.04.070: RESPONSIBILITIES OF CERTAIN CITY DEPARTMENTS:
The city engineering division, public utilities department, fire department, and city
transportation division shall make comments and provide direction as to the engineering
requirements for: street widths, grades, alignments; drainage, flood control, sanitary
sewer and culinary water systems; street layout and overall circulation; and whether the
proposed public improvements are consistent with this title and other applicable
ordinances and shall be responsible for inspection and approval of all construction or
public improvements.
20.04.075: CITY COUNCIL AUTHORITY:
The city council shall have final decision authority for subdivision amendments involving
closure, vacation (in whole are in part), alteration, amendment, or dedication of public
right-of-way or public easements, as found in Chapter 20.28, Article III.
20.04.080: PLANNING COMMISSION AUTHORITY:
Except as may be specified elsewhere, the city planning commission, or its designee
when applicable, shall:
A. Act as an advisory agency to the mayor;
B. Make investigations and reports on proposed subdivisions and in cases of subdivision
amendments involving streets per Section 20.28,Article III make recommendations to
the city council as to their conformance to the master plan, zoning ordinances of the
city, and other pertinent documents;
C. Approve preliminary plats and, when requested by the mayor, report its actions and
recommendations concerning the subdivision to the mayor.
20.04.090: CITY ATTORNEY POWERS AND DUTIES:
The city attorney shall be responsible for reporting to the mayor as to the form of the
final plat or other recordable instruments evidencing any action under this title. The city
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attorney shall certify that any lands dedicated to the public are dedicated in fee simple
and that the person or persons dedicating the land are the owners of record.
20.04.100:MAYOR'S POWERS AND DUTIES:
The mayor,or the mayor's designee,shall have final approval of final subdivision plats
or other recordable instruments evidencing any action under this title,the establishment
of requirements for and standards of design of public improvements,and the acceptance
of lands and public improvements that may be proposed for dedication.
20.04.110:COMMUNITY FACILITIES AND UTILITIES:
Community facilities such as schools,parks,recreation areas,etc.,shall be provided in
the subdivision in accordance with master plan standards.This title establishes
procedures for the referral of proposed subdivision data to interested boards,bureaus and
other governmental agencies,and utility companies,both private and public,so that the
extension of community facilities and utilities may be accomplished in an orderly
manner,coordinated with the development of the subdivision.In order to facilitate the
acquisition of land areas required to implement this policy,the planning commission or
its designee may require that the subdivider dedicate,grant easements over or otherwise
reserve land for schools,parks,playgrounds,thoroughfares,utility easements,and other
public purposes as specified.
20.04.120:FEE SCHEDULE:
City fees associated with review,processing,and site development of subdivisions,
subdivision amendments,lot line adjustments,consolidations and appeals shall be those
listed on the Salt Lake City Consolidated Fee Schedule.
Chapter 20.08
DEFINITIONS
20.08.010:DEFINITIONS GENERALLY:
Whenever any words or phrases used in this title are not defined in this title,but are
defined in related sections of the Utah code or in the zoning ordinances of the city,such
definitions are incorporated in this chapter and shall apply as though set forth herein in
full,unless the context clearly indicates a contrary intention. Any words or terms not
defined in this title shall be defined using the following sources in the order listed:Title
21A of the Salt Lake City Code,Utah Code,"Webster's Collegiate Dictionary."
20.08.020:DEFINITIONS OF TERMS:
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"Alley"means a public or private right-of-way within a block primarily intended for
service and access to abutting property by vehicles and not designated for general travel.
"Amendment petition"means a written petition to the city seeking approval for a
proposed vacation,alteration or amendment of a subdivision plat,any portion of a
subdivision plat,or any street,lot or alley contained in a subdivision plat.
"Arterial street"means a street that facilitates through traffic movement over relatively
long distances such as from one end of the city to the other. Arterials are generally multi-
lane streets carrying high traffic volumes at relatively high speed limits. These are
commuter streets and sometimes offer controlled access to abutting property,and
curbside parking may be restricted or prohibited.Arterial Streets are designated as such
on the Major Street Plan map of the Transportation Master Plan.
"Block"means an area of land within a subdivision entirely bounded by streets(other
than alleys),freeways,railroad rights of way,natural barriers,or the exterior boundaries
of the subdivision.
"Buildable area"means that portion of the lot remaining after required yards have been
provided and after the limitations of any pertinent environmental regulations have been
applied.Buildings may be placed in any part of the buildable area,but if there are
limitations on percent of the lot which may be covered by buildings,some open space
may be required within the buildable area.
"City attorney"means the Salt Lake City attorney.
"City engineer"means the Salt Lake City engineer.
"City recorder"means the Salt Lake City recorder.
"Collector street"means a street that provides the connection between Arterial and
Local streets. Collector Streets can be multi-lane,but they are meant to carry less traffic
at lower speeds and for shorter distances than Arterial Streets. They provide direct access
to abutting property and carry a mix of local and commuter traffic headed for nearby
destinations. Collector Streets are identified as such on the Major Street Plan map of the
Transportation Master Plan.
"Compaction"means the densification of fill by mechanical means.
"Condominium"means a property or portions thereof conforming to the definition set
forth in Section 57-8-3,Utah Code Annotated, 1953,or its successor.
"County Recorder"means the Salt Lake County Recorder.
"Cul-de-sac"means a local street open at only one end which has a turnaround for
vehicles at the closed end.
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"Development limit line" means a legally described lint, determined by the planning
commission or its designee and shown on the final subdivision plat, which defines the
boundary between developable and undevelopable areas. In those portions of the plat
designated as undevelopable, grading, landscaping, construction activities, and other
disturbances of the land are prohibited.
"Driveway"means a way or route for use by a vehicle leading from a parking area or
from a house,garage,or other structure,to a road or street.
"Excavation"means any act by which vegetation,earth,sand,gravel,rock,or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or
bulldozed,and shall include the conditions resulting therefrom.
"Final plat"means a map of real property in the form of lands and/or building units
being laid out and prepared in accordance with the provisions of Titles 10, 17,or 57,
Utah Code Annotated, 1953,or its successor,and of this title,designed to be placed on
record in the office of the Salt Lake County Recorder.
"Flag lot"means a lot of irregular configuration in which an access strip(a strip of land
of a width less than the required lot width)connects the main body of the lot to the street
frontage.
"Freeway"means routes,typically divided arterial highways,which provide for rapid
movement of large volumes of vehicles between urban areas. No local access to
individual sites is provided.
"Grading"means excavation or fill or any combination thereof that alters the elevation
of the terrain and shall include the conditions resulting from any excavation or fill.
"Intersection"means the place at which two(2)or more streets meet.
"Local street"means a street which provides direct access to and from abutting
properties they serve. Local streets are usually one lane in each direction meant to carry
traffic over short distances and at low speeds.
"Lot"means a piece of land identified on a plat of record or in a deed of record of Salt
Lake County and of sufficient area and dimensions to meet Salt Lake City zoning district
requirements for width,area,use and coverage,and to provide such yards and open space
as are required and has been approved as a lot through the city's subdivision process.A
lot may consist of combinations of adjacent individual lots and/or portions of lots so
recorded;except that no division or combination of any residual lot,portion of lot,or
parcel shall be created which does not meet the requirements of the subdivision
regulations and zoning ordinance(Title 21 A)of the city.
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"Lot line adjustment" means the relocation of the property boundary lines, with the
consent of the owners of record as required by this title, between adjoining lots or parcels
that are described by either a metes and bounds description or a recorded plat.
"Master plan" means the area-specific community master plan for the future
development of Salt Lake City, as adopted, and any subsequent amendments thereto,
including small area plans and block plans.
"Natural drainage" means water which flows by gravity in channels formed by the
surface topography of the earth prior to changes made by the efforts of man.
"Planning commission" means the Salt Lake City planning commission.
"Planning director" means the director of the Salt Lake City planning division.
"Preliminary plat" means a plat showing the design of a proposed subdivision and the
existing conditions in and around the subdivision. It need not be based upon a detailed
final survey of the property, except as provided in Chapter 20.16 of this title.
"Public improvement" means street work, utilities and other facilities proposed or
required to serve a subdivision and be installed within the public way.
"Security device" means any of the following, in a form acceptable to the city attorney,
who secures the performance of the subdivider's obligations under the improvement
agreement: a) a separate payment bond and a separate performance bond provided by a
corporate surety company; b) a cash bond or escrow agreement; or c) a letter of credit.
"Significant steep slope" means an area of 30% or greater slope, as determined using
ten-foot averaging, which is intended to be protected from development or other
disturbance.
"Site" means a lot or parcel of land, or a contiguous combination thereof, where grading
work is performed as a single unified operation.
"Site preparation" means grading and underground utility installation in preparation for
an approved, pending development.
"Slope classification map" means a map prepared as a colored exhibit by a registered
professional engineer or land surveyor based upon a contour map of the specified scale
and contour interval, upon which the measured and calculated percent of slope (measured
between every contour interval on the map) is classified or grouped into percentage of
slope data in ten percent slope groupings as follows:
Slope Classification Percent of Slope Mapped Color
Level 0 - 9.9% Uncolored
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Slight 10- 19.9% Yellow
Moderate 20-29.9% Orange
Severe 30%and greater Red
"Soils engineer" means a registered civil engineer of the State of Utah, specializing in
soil mechanics and foundation engineering,familiar with the application of principles of
soil mechanics in the investigation and analysis of the engineering properties of earth
materials.
"Solar-oriented lot"means:
A. A lot with a front line oriented to within thirty(30)degrees of a true east-west line.
When the lot line abutting a street is curved,the"front lot line"shall mean,for the
purposes of subsection,the straight line connecting ends of the curve. For a flag lot,
the"front lot line"shall mean the lot line that is most parallel to the closest street,
excluding the pole portion of the flag lot,or
B. A lot that,when a straight line is drawn from a point midway between the side lot
lines at the required front yard setback to a point midway between the side lot lines at
the required rear yard setback,is oriented to within thirty(30)degrees of true north
along such line,or
C. A corner lot with a south lot line oriented to within thirty(30)degrees of a true east-
west line,where the south lot line adjoins a public street or open space and the
abutting street right-of-way or open space has a minimum north-south dimension of at
least fifty(50)feet. For purposes of this definition,"open space"shall include,
without limitation,parks,cemeteries,golf courses and similar outdoor recreation
areas,drainage ditches and ponds,irrigation ditches and reservoirs,lakes,ponds,
wetlands,open spaces reserved for use of residents of the development,and other
similar open space.
"Special natural topographic feature"means a naturally occurring feature which is
determined to be unique among similar features of its kind(i.e.,rock formation,water
feature)or has historical associations(e.g.Ensign Peak).
"Standard specifications"means all the standard specifications and standard detailed
drawings adopted,utilized and administered by the responsible city departments.
"Street"means a public or private vehicular way,between property or boundary lines
and including parking,sidewalks,and gutters,that may also serve for all or part of its
width as a way for pedestrian traffic,whether called street,highway,thoroughfare,
parkway,throughway,road,avenue,boulevard,lane,place,alley,mall or otherwise
designated.
"Subdivider"means any person,firm,corporation,partnership or association who
causes land to be divided into a subdivision.
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"Subdivision"means any land that is divided,resubdivided or proposed to be divided
into two(2)or more lots,parcels,sites,units,plots or other division of land for the
purpose,whether immediate or future.for offer,sale,lease,or development. For
purposes of this chapter,"subdivision"includes:
A. The division or development of land whether by deed,metes and bounds description,
devise and testacy,lease,map,plat,or other recorded instruments,for all residential
and nonresidential uses;and
B. Any condominium project which involves dedication of real property to the
ownership and use of the public.
"Subdivision amendment involving streets"means a proposed change to any
subdivision for which a subdivision plat has been previously approved and recorded and
which proposes to vacate all or a portion of any of the dedicated public streets,rights-of-
way,or easements of the original subdivision plat.
"Subdivision amendment not involving streets"means a proposed change to any
subdivision,for which a subdivision or plat has been previously approved and recorded
and which does not propose to vacate all or a portion of any of the dedicated public
streets,rights-of-way,or easements of the original subdivision plat.
"Subdivision design"means the overall layout of the proposed subdivision,including,
but not limited to,the arrangement of streets and intersections,the layout and size of lots,
the widths and locations of easements and rights of way for utilities,drainage structures,
sewers and the nature and location of public or semipublic facilities,programs for the
preservation of natural features,and the installation of public improvements.
"Ten-foot averaging"means calculating the percent of slope between 10 foot elevation
intervals(elevations ending in"0",e.g.4720 to 4730,4730 to 4740,etc.)on an accurate
Slope Classification Map. This technique is used to determine areas of significant steep
slope,insignificant steep slope,and to establish development limit lines.
Chapter 20.12
DESIGN STANDARDS AND REQUIREMENTS
20.12.010:GENERAL REGULATIONS AND STANDARDS:
Except where modified by the planning commission or its designee,all subdivision of
land within Salt I,ake City shall comply and conform with the design standards and
requirements as set forth and as referred to in this section,as follows:
A. Supervision: All subdivision development work performed under this section will be
allowed only when said work is performed under the supervision of the city Engineer,
transportation director and/or public utilities director in accordance with the approved
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subdivision plan,and said work is secured by a performance guarantee bond or other
security device acceptable to the city attorney and mayor.
B. Preservation of Natural Features:Trees,native ground cover,natural watercourses,
and topography shall be preserved when possible,and the subdivision shall be so
designed as to prevent excessive grading and scarring of the landscape in
conformance with this title.
C. Hazardous Areas to be Fenced: All areas of the subdivision or features adjacent to
the subdivision,which present a potential threat to the public safety shall be fenced
with a six foot non-climbable fence or acceptable alternative,as required by the
planning commission or its designee. Such hazardous areas may include,but are not
limited to,rivers and streams,canals,cliffs,ravines,railroad rights-of-way,and steep
slopes. Required fencing shall be constructed and included as part of the subdivision
improvements and shall be bonded.
D. Buildable Lots: All subdivisions shall result in the creation of lots which are
developable and capable of being built upon,unless a different purpose for the lot is
clearly intended and approved by the planning commission or its designee. No
subdivision shall create lots,and no building permit shall be issued for any lots which
would make improvements and services impractical due to size,shape,steepness of
terrain,location of water courses,problems of sewerage or driveway grades,or other
physical conditions.
E. Access to Public Streets:
1. All lots or parcels created by the subdivision of land shall have access to a public
street improved to standards required by this Title 20,unless a private street or
modified standards are approved by the planning commission as part of a planned
development. Private streets shall not be permitted unless the planning
commission finds that the most logical development of land requires that lots be
created which are served by a private street or other means of access.
2. As part of the application for any subdivision proposing private streets,the
subdivider shall provide for review by the city engineer the following:
a. A street development plan showing the alignment,width,grades,design,and
material specifications;the topography and means of access to each lot;
drainage;and,utility easements for servicing the lots served by such private
street.
b. A plan providing for future ownership and maintenance of said street together
with payment of taxes and other liability thereon.
3. After review and favorable recommendation by the city engineer,the planning
commission may include such approved street plans as part of its
recommendations to the mayor. Construction of the private street or access shall
be completed prior to occupancy of any building on lots served by a private street.
However,if finished grading has been completed and stabilized to the city
engineer's satisfaction,the subdivider may post a cash bond equal to the cost of
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completing the street.as determined by the city engineer,in a form approved by
the city attorney to assure the earliest possible completion of said street. The
bond may be posted if.and only if.the street is stabilized and made passable until
such time as the completion of the street can be accomplished.
F. Landscaping:
1. A landscaped area shall be required in all residential subdivisions and may he
required in non-residential subdivisions. Said landscaping shall be located either
within the non-paved portion of the street right-of-way.or within a dedicated
landscaping easement,not less than five feet wide,adjacent to the street. The
location of the landscaping shall he specified by the planning commission or its
designee. The type of landscaping and street trees shall be selected,installed,and
maintained in accordance with standard specifications prepared by Salt Lake City.
2. Whenever,in the opinion of the planning commission or its designee,the cuts and
fills created by the subdivision are of sufficient size or visibility to demand
special treatment,the subdivider shall be required to landscape such areas with
suitable permanent plant materials and to provide for their maintenance.
G. Utilities and Easements:
1. All utilities shall be provided through underground services.
2. Easements for utility and drainage purposes shall be provided within the
subdivision as required by the planning commission or its designee. However,in
no event shall such easement be less than five feet in width when proposed along
the front lot line.
H. Water Courses: The subdivider shall dedicate a right-of-way for storm drainage
conforming substantially with the lines of any natural water course or channel,
stream,creek,or flood plain that enters or traverses the subdivision.
1. Block Design:
1. Blocks shall normally have sufficient width for an ultimate layout of two tiers of
lots of the size required by the provisions of the zoning and subdivision
ordinances of Salt Lake City.
2. Blocks shall not exceed the following perimeter measurements:2,400 linear feet
for zoning districts with minimum lot sizes that range from no minimum up to
and including 10.000 square feet,and;3,000 linear feet for zoning districts with a
minimum lot size greater than 10,000 square feet.
J. Reservation of Land for Park and Recreation Purposes: Pursuant to the recreation or
parks elements,plans or standards set forth in the Master Plan,as a condition of final
subdivision approval the subdivider shall be required to reserve land for park and
recreation purposes according to the following standards:
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1. For subdivisions of 25 lots or more, including contiguous land owned or
controlled by subdivider or landowner, the subdivider shall reserve land for two
years for public purchase at a minimum ratio of one-quarter (1/4) acre of land per
25 lots in the subdivision or five percent of the total area in the subdivision,
whichever is greater.
2. All land to be reserved for park or recreational purposes shall be found to be
suitable by the planning commission or its designee and the public services
department as to location, parcel size, and topography for the park and recreation
purpose for which it is indicated in the master plan, or as determined by the
planning commission or its designee. Such purpose may include active recreation
facilities such as playgrounds, play fields, pedestrian or bicycle paths, or open
space areas of particular natural beauty, including canyons, hilltops, and wooded
areas to be developed or left in their natural state.
3. At the time of approval of the final subdivision plat, the city may specify when
development of a park or recreation facility is scheduled to begin.
K. Connectivity.
Public Accessways:
1. The city shall require within the development site the improvement of accessways
for pedestrian and bicyclist use to connect the development site to adjacent cul-
de-sacs or to an adjacent site that is undeveloped, publicly owned, or developed
with an accessway that connects to the subject site.
Street Connectivity Standards:
1. The proposed subdivision shall include street connections to any streets that abut,
are adjacent to, or terminate at the subdivision site. The proposed development
shall also include street connections in the direction of all existing or planned
streets adjacent to the development site as determined by the planning director.
2. The proposed development shall include streets that extend to undeveloped or
partially developed land that is adjacent to the development site or that is
separated from the development site by a drainage channel, transmission
easement, survey gap, or similar property condition. The streets shall be in
locations that will enable adjoining properties to connect to the proposed
development's street system.
Cul-de-Sacs:
1. Except for streets that are less than 150 feet long all streets that terminate shall be
designed as a cul-de-sac bulb or other design acceptable to the transportation
director in order to provide an emergency vehicle turnaround.
2. Public accessways to provide safe circulation for pedestrians, bicyclists and
emergency vehicles shall be required from a cul-de-sac or emergency vehicle
turnaround, unless the subdivider adequately demonstrates that a connection
cannot be made because of the existence of one or more of the following
conditions:
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a. Physical conditions preclude development of the connecting street.Such
conditions may include,but are not limited to,topography or likely impact to
natural resource areas such as wetlands,ponds,streams,channels,rivers,lakes
or upland wildlife habitat area,or a resource on the National Wetland
Inventory or under protection by state or federal law.
b. Buildings or other existing development on adjacent lands,including
previously subdivided but vacant lots or parcels,physically preclude a
connection now or in the future,considering the potential for redevelopment.
20.12.020:LOT DESIGN STANDARDS:
The size,shape and orientation of lots in a subdivision shall be appropriate to the location
of the proposed subdivision and to the type of development contemplated. The following
principles and standards shall be observed:
A. Minimum Area—Size: The minimum area and dimensions of all lots shall conform
to the requirements of the zoning ordinances of Salt Lake City for the zoning district
in which the subdivision is located.
B. Side lot lines: The side lines of all lots,so far as possible,shall he designed to be at
right angles to the street which the lot faces,or approximately radial to the center of
curvatures,if such street is curved. Side lines of lots shall be designed to be
approximately radial to the center of curvature of a cul-de-sac on which the lot faces.
C. Width: The minimum lot width shall conform to the requirements of the zoning
district in which the proposed subdivision is located.
D. Corner Lots: Corner lots have more than one side which must maintain required front
yard setbacks,and therefore shall be platted wider than interior lots in order to permit
conformance with the required street setback requirements of the zoning ordinance.
E. Remnants: No remnants of property shall be left in the subdivision which do not
conform to the lot requirements or are not required or more suitable for designation as
common open space,private utility,or other purpose.
F. Double Frontage Lots: Lots other than corner lots,having double frontage shall not
be approved except where necessitated by topographic or other unusual conditions.
G. Developable Area Limitation:
1. 'The planning commission or its designee shall review each proposed foothill
subdivision and,using"ten-foot averaging",shall determine the extent of
significant steep slopes within the subdivision. The planning commission or its
designee shall require all such undevelopable portions of proposed subdivisions to
be identified by placement of a development limit line and legal description upon
the final plat. Such limitation shall also be made a part of the subdivision
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restrictive covenants. In addition to protecting significant steep slopes,
development limit lines may also be established to protect natural vegetation,
special natural topographic features,faults,or unique views.
2. Significant steep slopes identified by development limit lines on a subdivision
plat shall be designated as undevelopable area. Said slopes if retained within the
subdivision,shall be designated and maintained as common area and shall be
protected from subsequent alteration or encroachment by a vegetation and open
space preservation easement granted to Salt Lake City by dedication on the
subdivision plat.In no event shall roads traverse such slopes.
3. Undevelopable area shall not be used to determine the minimum lot size as
required by the underlying zone,unless specifically approved by the planning
commission through the planned development review process.
4. For independently owned parcels in the foothills residential zoning districts that
do not meet the minimum project size for a planned development per the zoning
ordinance,the planning commission or its designee may count slopes over 30%
toward meeting the minimum zoning required lot area of the underlying zone
where the planning commission finds that:
a. The parcel fronts on an existing dedicated public street.
b. The parcel has a minimum of 1,500 square feet of net buildable area."[he net
buildable area shall not include any areas of 30%or greater slope or the required
zoning setbacks or the portion of the transitional area that lies within the required
10 foot minimum setback or 20 foot average setback from the proposed
development limit line,as defined by the Salt Lake City zoning ordinance.
c. The parcel has city sewer and water services that are located or can be extended to
access the lot directly from the street.
d. The applicant must present a construction plan,acceptable to the planning
director,which demonstrates the ability to manage staging for construction in a
manner that will not impact transitional or steep slope areas.
e. The proposed development on the parcel is compatible with the surrounding
neighborhood and will not have a material net cumulative adverse impact on the
neighborhood or the city as a whole.
5. Once established on the subdivision plat,the development limit line shall be
delineated on all building permit site plans and shall be staked in the field prior to
construction on any lot affected by the development limit line.
H. Solar-Oriented Requirements:
For subdivisions with 25 or more single-family residential lots at least fifty percent
(50%)of lots less than 15,000 square feet,upon which detached single-family
dwelling units are planned for construction,shall conform to the definition of"solar-
oriented lot"in order to preserve the potential for usage of solar energy systems.
I. Street Layout:Where,as determined by the planning director,topographic,
environmental,and soil conditions,and existing street configurations permit,the
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predominant pattern of new streets in subdivisions subject to solar-oriented
requirements shall be oriented within thirty(30)degrees of east-west orientation.
2. Modifications:Where unusual topographic.environmental,soil.and similar
conditions exist that,as determined by the planning director,make compliance
with these provisions either physically or economically infeasible,the planning
director may modify the solar-oriented requirements. However,the modifications
shall be the minimum necessary and shall maintain overall solar access in the
subdivision.
20.12.030:STREET DESIGN STANDARDS:
The following minimum standards and design criteria shall apply unless deemed
unwarranted by written recommendation of the city engineer and transportation division
director. Said standards and criteria shall be supplemented by other applicable existing
engineering and construction requirements and standards as specified by the city
engineering and transportation divisions.
A.General:
1. The subdivision design shall conform to the pattern of major streets as designated
on the Major Street Plan Map of the City Transportation Master Plan. Whenever
a subdivision fronts on a street so designated,that street shall be platted and
dedicated by the subdivider in the location and width so indicated.
2. Where higher standards have not been established as specified in subsection 1
above,all streets and arterials shall be platted according to the transportation
division's standard for Typical Street and Right-of-Way Cross Sections(Diagram
El.al,or its successor,available from the transportation division),except where it
can be shown by the subdivider,to the satisfaction of the planning commission,
that the topography or the small number of lots served and the probable future
traffic development are such as to unquestionably justify a lesser standard. A
planned development,if designated with a comprehensive circulation and parking
system including separate pedestrian ways,may justify modification of standards.
Higher standards may be required where streets are to serve commercial or
industrial property or where warranted by probable traffic conditions.
3. The street pattern in the subdivision shall be in general conformity with a plan for
the most advantageous development of adjoining areas and the entire
neighborhood or district. The following principles shall be observed:
a. Where appropriate to the design and terrain,proposed streets shall be continuous
and in alignment with existing planned or platted streets,or,if offset,streets shall
be offset a minimum of 100 feet between center lines of intersecting local and
residential streets and a minimum of 400 feet between center lines of intersecting
collector and arterial streets.
b. Proposed streets shall be extended to the boundary lines of the land to be
16
subdivided or proposed as part of a subdivision master plan,unless prevented by
topography or other physical conditions,or unless,in the opinion of the planning
commission or its designee,such extension is not desirable for the coordination of
the subdivision with the existing layout or the most advantageous future
development of adjacent tracts.
c. Where streets extend to the boundary of the property,resulting dead-end streets
may be approved with a temporary turnaround of a minimum 45-foot radius. In
all other cases,a permanent turnaround shall conform to specifications in Section
20.12.030.G"Turn-Around"or have a design otherwise approved by the
transportation division.
d. Proposed streets shall intersect one another as nearly at right angles as topography
and other limiting factors of good design permit. "1"intersections rather than
"cross"intersections shall be used wherever possible for local streets.
e. Public alleys shall not normally be permitted in subdivisions.
4. Subdivisions adjacent to arterials shall be designed as specified in the master plan
or by the planning commission or its designee. The following principles and
standards shall be observed:
a. Street design shall have the purpose of making adjacent lots,if for residential
use,desirable for such use by cushioning the impact of heavy traffic and of
minimizing the interference with traffic on arterials.
b. The maximum block size established in Section 20.12.010.I of these design
standards shall be the primary factor in determining the allowable number of
intersecting streets along arterials.
c. When the rear of any lot borders an arterial,the subdivider may be required to
execute and deliver to the city an instrument,deemed sufficient by the city
attorney,prohibiting the right of ingress and egress from said arterial to said
lot,and a legal document sufficient to guarantee maintenance of said
landscaping.
B. Street Grades: Curves and sight distances shall be subject to approval by the city
engineering division,to insure proper drainage and safety for vehicles and
pedestrians. The following principles and standards shall be observed:
Grades of streets shall be not less than 0.5%and not greater than 10%. Maximum
grade applies at the street centerline. Short runs of steeper grades may be permitted
by the planning commission or its designee after review and no objections from the
fire department,transportation division,and engineering division.
C. Vertical Alignment of Non-intersecting Streets: Transition curves over crest of hills
shall be designed to provide both a smooth transition from upward movement to
minimize potential roller-coaster effect and to provide safe stopping sight distance at
all times. The stopping sight distance is the distance required to safely stop a vehicle
after viewing an object calculated on a formula set forth in standards adopted by the
transportation division. The height of the eye shall be set at 3.5 feet and the height of
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the object at 6 inches above the surface of the road. Local streets shall be designed
for a 30 miles per hour minimum design speed providing for a minimum "K"value
for stopping sight distance for crest curves of 28 and for sag curves of 35. Collector
streets shall be designed for 40 miles per hour minimum design speed with a
minimum "K" value for stopping sight distance for both crest and sag curves of 55.
D. Vertical Alignment at Street Intersections: Transition curves shall be required to
provide a smooth transition from road grade to intersections. For an approach
distance ("A") from each edge of the intersecting street line, the grade may not
exceed 2%. The minimum length of the approaches ("A") and transition curves ("L")
shall be calculated upon the formulas below.
A =The minimum approach distance required where grade may not exceed 2% from
the curb line of the intersecting street. Said distance of"A" shall be not less than
35 feet for intersections with local streets and not less than 100 feet for
intersections with major or arterial streets.
L = The minimum transition curve length required between points of tangency, "X",
where L = 10(a), "a" being the difference between the grade of the road less the
grade of"A".
Road Grade
r0%maximum
2%Maximum Grade
Approach Distance Road Grade
10%maximum
x
xi i
x x
Intersecting
Street
L* A** A** L*
* Minimum L - l0a=10(I0-2)— 100
** 100' minimum on approach to a major or arterial street
Figure#1
E. Intersection Site Distance: Intersections shall be planned and located to provide as
much sight distance as possible. In achieving a safe road design, as a minimum, there
shall be sufficient corner sight distance for the driver on the approach roadway to
cross the intersecting street without requiring approaching traffic to reduce speed.
Such corner sight distance is a field of vision which shall be measured from a point
on the approach roadway at least 15 feet from the edge of the intersecting roadway
pavement at a height of 3.5 feet on the approach roadway. The minimum corner sight
distance for local streets (30 miles per hour design speed) shall be 350 feet. For
collector streets (40 miles per hour design speed) the minimum corner sight distance
shall be 450 feet.
F. Horizontal Alignment of Streets: In addition to the specific street design standards
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set forth above,horizontal alignment shall be subject to the following criteria.
a. Consistent with topography,alignments shall be as straight as possible.
b. Maximum curvatures shall be avoided whenever possible.
c. Consistent patterns of alignment shall be sought. Sharp curves at the end of long
tangents or at the end of long flat curves shall be avoided.
d. Short lengths of curves shall he avoided even for very small deflection angles.
e. Flat curvatures shall be provided on long fills.
f. Compound circular curves with large differences in radii shall be avoided.
g. Direct reverse curves shall be avoided;a tangent shall be used between them.
h. `Broken hack curves"(two curves in the same direction on either side of a short
tangent or large radius curve)shall be avoided.
i. To effectuate the above general criteria,the minimum curve centerline radii for
local streets and collector streets shall be 100 feet and 150 feet,respectively. The
maximum allowable degree of curvature shall be 23 degrees for local streets and
12.5 degrees for collector streets.
G. Turn-Around: Cul-de-sacs in residential areas should be no longer than 400 feet
(measured from centerline of intersecting street to radius point of turnaround)and
shall have a minimum of 45 feet curb radius. Cul-de-sacs in commercial or industrial
areas should be no longer than 650 feet and should have a minimum of 60 foot curb
radius. Other cul-de-sac lengths or turnaround configurations may be approved by
the transportation division director and planning division director upon their favorable
recommendation that the alternative provides equal or better convenience,access,and
service in coordination with the city fire and life safety examiner and the fire
department for emergency services.
I I. Street Lighting: Lighting shall comply with the policies and standards outlined in the
Salt Lake City Street Lighting Master Plan.
I. Curb,Gutter,and Sidewalks: The following principles and standards shall apply to
the design and installation of curbs,gutters,sidewalks,and pedestrian ways.
a. Vertical curbs and gutters as shown on the city's standard detail drawings shall be
required in all subdivisions except for the exceptions specified in items b,c,or d
that follow.
b. Sidewalks shall be required on at least one side of the street in any subdivision.In
residential subdivisions the planning commission or designee may require a
sidewalk on both sides of a street.
c. Sidewalks shall normally be located within the street right-of-way and shall be a
minimum of four(4)feet wide in residential zoning districts when adjacent to a
park strip;five(5)wide in residential zoning districts when the sidewalk is
directly adjacent to the back of curb;six(6)feet wide in commercial,
manufacturing,downtown,and gateway districts unless specified otherwise in
those districts;eight(8)feet wide in the Central Business District,and;ten(10)
feet wide along Main Street in the Central Business District. The planning
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commission or its designee may require additional width subject to a pedestrian
impact study as determined by the transportation division director.
d. For lots and public strips containing existing trees with a trunk diameter of four
inches or greater, the planning division shall consult the city forester for
recommendations on locating curb cuts for driveways and preservation of such
trees.
J. Protection Strips: Where subdivision streets create frontage for contiguous property
owned by others, the subdivider may, upon approval by the planning commission or
its designee, create a protection strip not less than one foot in width between said
street and adjacent property, to be deeded into joint ownership between the city and
subdivider. Such a lot requires an agreement from the subdivider contracting to deed
to the owners of the contiguous property the one foot or larger protection strip lot for
a consideration named in the agreement, such consideration to be not more than the
cost of street improvements properly charged to the contiguous property as
determined by the city engineering division in their estimate of cost of improvements
for the subdivision. One copy of this agreement shall be submitted as approved by
the city attorney to the planning commission or its designee prior to the approval of
the final plat. Jointly owned protection strip lots shall not be permitted at the end of
or within the boundaries of a public street, or proposed street, or within an area, or
abutting and area, intended for future public use.
K. Traffic Report: New subdivisions have traffic impacts on existing street systems that
may or may not be adverse in nature. The city may require the subdivider to provide
a detailed traffic report of the effects and impacts of the proposed development. This
report shall detail the expected number of trips to be generated, the type of vehicles
expected, and the times of day that the most severe impact can be expected. It shall
also detail the effect on street capacity by the development, as well as nearby
intersections that will be impacted by the development's traffic as may be designated
by the transportation division director.
20.12.040: INSPECTION AND ENFORCEMENT:
The city engineering division will have responsibility for inspection and enforcement of
subdivision design standards and requirements of this Chapter 20.12. Where it is found
by inspection that conditions are not substantially as stated or shown in the approved
subdivision plans, the city engineering division shall stop further work until approval is
obtained for an amended subdivision plan.
Chapter 20.16
PRELIMINARY PLATS
20.16.005: APPLICABILITY:
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This chapter applies to all subdivisions and subdivision amendments as defined in this
title.
20.16.010:FILING OF PLAT:
The subdivider shall file with the planning division digital and paper preliminary plat
drawings,a written explanation of the proposed subdivision or subdivision amendment
and such other data as may be required of the preliminary plat application of each
proposed subdivision.
20.16.020:FEES:
At the time a preliminary plat is filed,the subdivider shall pay an application fee
according to the adopted Salt Lake City Consolidated Fee Schedule.
20.16.030:PREPARATION OF MAP;CERTIFICATION OF BOUNDARIES:
The subdivider shall cause the preliminary plat of the land proposed to be subdivided to
be prepared by a person authorized by state law to prepare such a map.
20.16.040:SCALE OF PLAT;REPRODUCTION:
The preferred scales are 1 inch equals 20 feet or 1 inch equals 30 feet,but in no cases
shall the scale be smaller than 1 inch equals 100 feet.The plat shall be clearly and legibly
reproduced.
20.16.050:VICINITY SKETCH:
A vicinity sketch at a scale of one thousand feet(1,000')or more to the inch shall be
drawn on the preliminary plat.It shall show the street and tract lines and names and
numbers of all existing subdivisions,and the outline and acreage of parcels of land
adjacent to the proposed subdivision.
20.16.060:INFORMATION ON MAP OR IN DATA STATEMENT:
A. The following information shall be shown on the preliminary plat or in an
accompanying data statement:
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1. Any subdivision that includes recordation of a final plat shall be given a name.
Such subdivision names shall not duplicate or nearly duplicate the name of any
subdivision in the city or county;
2. The name and address of the record owner or owners;
3. The name and address of the subdivider; if different from the recorded owner,
there shall be a statement from the recorded owner authorizing the subdivider to
act;
4. The name, address and phone number of the person, firm or organization
preparing the preliminary plat, and a statement indicating the recorded owner's
permission to file the plat;
5. The date, north direction, written and graphic scales;
6. A sufficient description to define the location and boundaries of the proposed
subdivision;
7. The locations, names and existing widths and grades of adjacent streets;
8. The names and numbers of adjacent subdivisions and the names of owners of
adjacent unplatted land;
9. The contours, at one foot (1') intervals, for predominant ground slopes within the
subdivision between level and five percent (5%), and five foot (5') contours for
predominant ground slopes within the subdivisions over five percent (5%). Such
contours shall be based on the Salt Lake City datum. The closest city bench mark
shall be used, and its elevation called out on the map. Bench mark information
shall be obtained from the city engineer;
10. A grading plan, showing by appropriate graphic means the proposed grading of
the subdivision;
11. The approximate location of all isolated trees with a trunk diameter of four inches
(4") or greater, within the boundaries of the subdivision, and the outlines of
groves or orchards;
12. The approximate boundaries of areas subject to inundation or storm water
overflow, and the location, width and direction of flow of all watercourses;
13. The existing use or uses of the property, and the outline of any existing buildings
and their locations in relation to existing or proposed street and lot lines, drawn to
scale;
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14. A statement of the present zoning and proposed use of the property, as well as
proposed zoning changes, whether immediate or future;
15. Any proposed public areas;
16. Any proposed lands to be retained in private ownership for community use. When
a subdivision contains such lands, the subdivider shall submit, with the
preliminary plat, the name and articles of incorporation of the owner or
organization empowered to own, maintain and pay taxes on such lands;
17. The approximate widths, locations and uses of all existing or proposed easements
for drainage, sewerage and public utilities;
18. The approximate radius of each curve;
19. The approximate layout and dimensions of each lot;
20. The area of each lot to the nearest one hundred (100) square feet;
21. A statement of the water source;
22. A statement of provisions for sewerage and sewage disposal;
23. Preliminary indication of needed major storm drain facilities;
24. The locations, names, widths, approximate grades and a typical cross section of
curbs, gutters, sidewalks and other improvements of the proposed street and
access easements, including proposed locations of all underground utilities;
25. Any existing or proposed dedications, easements and deed restrictions;
26. A preliminary landscaping plan, including, where appropriate, measures for
irrigation and maintenance;
27. The location of any of the foregoing improvements which may be required to be
constructed beyond the boundaries of the subdivision shall be shown on the
subdivision plat or on the vicinity map as appropriate;
28. If it is contemplated that the development will proceed by units, the boundaries of
such units shall be shown on the preliminary plat;
29. If required by the planning director, a preliminary soil report prepared by a civil
engineer specializing in soil mechanics and registered by the state of Utah, based
upon adequate test borings or excavations. If the preliminary soil report indicates
the presence of critically expansive soils or other soil problems which, if not
corrected, would lead to structural defects, a soil investigation of each lot in the
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subdivision may be required. The soil investigation shall recommend corrective
action intended to prevent structural damage.
20.16.070: STREET NAME PRINCIPLES:
The following principles shall govern street names in a subdivision:
A. Each street which is a continuation or an approximate continuation of any existing
dedicated street shall be shown on the preliminary plat and shall be given the name of
such existing street. When any street forms a portion of a proposed street previously
ordered by the city to be surveyed, opened, widened or improved, the street shall be
given the name established in said order.
B. The names of newly created streets of a non-continuous or noncontiguous nature shall
not duplicate or nearly duplicate the name of any streets in the city or county. All
street names must be approved by Salt Lake County's Public Works Addressing
Office.
C. The words, "street", "avenue", "boulevard", "place", "way", "court" or other
designation of any street shall be spelled out in full on the map.
20.16.080: ACCOMPANYING DATA STATEMENT:
Such information as cannot be conveniently shown on the preliminary plat of a
subdivision shall be contained in a written statement accompanying the map.
20.16.090: DISTRIBUTION OF PLAT FOR REVIEW AND COMMENT:
A. The planning director shall transmit a copy of the preliminary plat to, and request
comments from, city departments and divisions that are part of the subdivision review
process, and any other applicable departments or government agencies as determined
by the planning director.
B. The planning director shall prepare a written report on the conformity of the
preliminary plat to the provisions of any applicable zoning ordinance and all other
applicable requirements of this title and other ordinances and regulations of the city.
C. The city engineer, or designee, shall prepare a written report of requirements and/or
recommendations on the preliminary plat relating to the public improvement
requirements of this title.
20.16.100: STANDARDS OF APPROVAL FOR PRELIMINARY PLATS
24
All preliminary plats for subdivisions and subdivision amendments shall meet the
following standards:
A. The subdivision complies with the general design standards and requirements for
subdivisions as established in Section 20.12.
B. All buildable lots comply with all applicable zoning standards;
C. All necessary and required dedications are made;
D. Water supply and sewage disposal shall be satisfactory to the public utilities
department director;
E. Provisions for the construction of any required public improvements,per Section
20.40.010,are included.
F. The subdivision otherwise complies with all applicable laws and regulations.
G. If the proposal is an amendment to an existing subdivision and involves vacating a
street,right-of-way,or easement,the amendment does not materially injure the public
or any person who owns land within the subdivision or immediately adjacent to it and
there is good cause for the amendment.
20.16.110:NOTICE OF SUBDIVISION APPLICATION AND PENDING
DECISION:
Prior to any administrative decision for preliminary plat approval of a proposed
subdivision or subdivision amendment not involving a public street,right-of-way,or
easement,the planning director shall provide a notice of subdivision or subdivision
amendment application and pending decision in accordance with the noticing
requirements in Chapter 20.36 of this title.
20.16.120:PLANNING DIRECTOR AUTHORITY AND ACTION:
Except as may be specified elsewhere in this title,the planning director,under delegation
from the planning commission,shall have decision-making authority for preliminary
plats and shall act on all preliminary plat applications in a timely manner.If the planning
director finds that the proposed plat complies with the standards of approval for
preliminary plats the director shall approve the preliminary plat.If the planning director
finds that the proposed preliminary plat does not meet the requirements of the city
ordinances,the director shall recommend conditional approval,refer the preliminary plat
to the planning commission for a decision,or deny the application.
25
20.16.130:NOTICE OF ACTION TO SUBDIVIDER:
the subdivider shall be notified of the action taken by the planning director.
20.16.140:SITE PREPARATION PERMIT REQUIRED:
The planning director,or designee,upon approval of the preliminary plat,shall indicate
to the subdivider whether a site preparation permit(aka site development permit),as
specified in Chapter 18.28 of the city code,is required prior to the subdivider performing
any site preparations on the proposed subdivision site.
20.16.150:APPEALS OF PLANNING DIRECTOR OR PLANNING COMMISION
DECISION:
Refer to Chapter 20.48(Appeals)for information and regulations regarding filing an
appeal of a preliminary plat decision.
20.16.160:COMPLIANCE WITH ALL CITY REQUIREMENTS:
Approval of the preliminary plat shall in no way relieve the subdivider of his/her
responsibility to comply with all required conditions and ordinances,and to provide the
improvements and easements necessary to meet all city standards.
20.16.170:PLANNING DIRECTOR FINAL APPROVAL OF RECORDABLE
INSTRUMENT:
The planning director,or designee,shall have final approval for preliminary plats
approved by them,or in the case of preliminary plat approvals issued by the planning
commission is designated to execute for the planning commission the final recordable
instrument for any approved subdivision or subdivision amendment upon the planning
director's or designee's satisfaction that all regulations and conditions of approval have
been fulfilled.
20.16.180:RECORDABLE INSTRUMENT:
A. Subdivisions that obtain preliminary plat approval for more than ten(10)lots and/or
include the dedication or construction of streets or other public rights of way or the
construction of public improvements shall be processed as a final plat and recorded
on a subdivision plat map with the county recorder.
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B. Subdivisions that obtain preliminary approval for ten(10)lots or less and do not
involve streets,public rights of way or the construction of public improvements may
be recorded by planning division staff as a notice ofsubdivision approval for ten lots
or less in the office of the county recorder,and must be accompanied by deeds that
transfer ownership of the new lots.
20.16.190:EXPIRATION OF PRELIMINARY PLAT:
A preliminary plat approval,or conditional approval,is valid for 24 months from the
issuance date of approval. If no plat,notice of subdivision approval,or other appropriate
instrument has acquired the necessary final approval and been recorded within this time
frame,the preliminary plat approval shall be void. For those subdivisions that require a
final plat as the recording instrument,the application for final plat must be submitted
within 18 months of preliminary plat approval,per Section 20.20.010.
Chapter 20.20
FINAL PLATS
20.20.010:FILING DATE FOR FINAL PLAT:
Within 18 months after the approval or conditional approval of the preliminary plat,a
subdivider shall submit to the planning director a final plat prepared in conformance with
the preliminary plat as approved,including conformance with any conditions attached to
such approval. Subject to expiration of preliminary plats pursuant to Section 20.16.190,
the final plat may be approved by the mayor upon recommendation by the planning
commission,the planning director,or designee. If the final plat is part of,or the result of,
a city enforcement case,the applicant must complete the final plat review and record the
final plat within six(6)months of preliminary approval.
20.20.20:DOCUMENTS AND DATA REQUIRED:
At the time a final plat of a subdivision is submitted to the city engineer,the subdivider
shall submit therewith the following documents:
A. Calculation and traverse sheets,in a form approved by the city engineer,giving
bearings,distances and coordinates of the boundary of the subdivision,and blocks
and lots as shown on the final plat;
B. The final plat shall be accompanied by a current property title report naming the
persons whose consent is necessary for the preparation and recordation of such plat
and for dedication of the streets,alleys and other public places shown on the plat,and
27
certifying that as of the date of the preparation of the report, the persons therein
named are all the persons necessary to give clear title to such subdivision;
C. If a preliminary soil report was required for the preliminary plat review, a copy of that
report shall be included with the final plat. The fact that a soil report has been
prepared shall be noted on the final plat and the report shall be recorded as a
supporting document with the plat;
D. The agreement and bonds specified in Sections 20.20.040 and 20.20.050 of this
chapter, or successor sections;
E. Copies of all proposed deed restrictions.
20.20.030: PREPARATION AND MATERIALS OF FINAL PLAT:
A. 1. Initially the plat shall be furnished as full size (24" x 36") paper copies and/or
digital copies. The final product to be used for recording shall be of typical mylar
material or the common material for plats at the time. The dimension and orientation
requirements for the final plat drawing shall be twenty four by thirty-six inches
(24" x 36") and not less than a one-half inch (I/2") margin, in from the outside or trim
line, around the edges of the sheet. The plat shall be so drawn that the top of the sheet
either faces north or west, whichever accommodates the drawing best. All feature
labels and descriptions shall be oriented with the north direction on the plat.
2. The actual plat dr awing shall be made on a scale large enough to clearly show all
details, and the workmanship on the finished drawing shall be neat, clear-cut and
readable. The preferred scales are 1 inch equals 20 feet or 1 inch equals 30 feet,
but in no cases shall the scale be smaller than 1 inch equals 100 feet.
3. The printing or reproduction process used shall not incur any shrinkage or
distortions, and the reproduced copy furnished shall be of good quality, to true
dimension, clear and readable, and in all respects comparable to the original plat.
The mylar plat shall be signed separately by all required and authorized parties
and shall contain the information set forth in this chapter. The location of the
subdivision within the city shall be shown by a small scale vicinity map inset on
the title sheet.
B. The title of each sheet of such final plat shall consist of the approved name of the
subdivision at the top center and lower right hand corner of the sheet, followed by the
words "Salt Lake City". Plats filed for the purpose of showing land previously
subdivided as acreage shall be conspicuously marked with the words "Reversion to
Acreage".
C. An accurate and complete boundary survey to second order accuracy shall be made of
the land to be subdivided. A traverse of the exterior boundaries of the tract, and of
28
each block, when computed from field measurements on the ground, shall close
within a tolerance of one foot (1') to fifteen thousand feet (15,000') of perimeter.
D. The final plat shall show all survey and mathematical information and data necessary
to locate all monuments and to locate and retrace all interior and exterior boundary
lines appearing thereon, including bearing and distance of straight lines, and central
angle, radius, and arc length of curves. Identify the basis of bearing between to
existing monuments.
F. All lots and blocks and all parcels offered for dedication for any purpose shall be
delineated and designated with all dimensions, boundaries, size and courses clearly
shown and defined in every case. Parcels offered for dedication other than for streets
or easements shall be designated by letter. Sufficient linear, angular and curve data
shall be shown to determine readily the bearing and length of the boundary lines of
every block, lot and parcel which is a part thereof. Sheets shall be so arranged that no
lot is split between two (2) or more sheets and, wherever practicable, blocks in their
entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions.
Lot numbers shall begin with the numeral "1" and continue consecutively throughout
the subdivision with no omissions or duplications.
F. The plat shall show the right of way lines of existing and new streets with the street
name and number, the width of any portion being dedicated, and widths of any
existing dedications. The widths and locations of adjacent streets and other public
properties within fifty feet (50') of the subdivision shall be shown. If any street in the
subdivision is a continuation or an approximate continuation of an existing street, the
conformity or the amount of nonconformity of such street to such existing streets
shall be accurately shown.
G. All easements shall be shown by fine dashed lines. The widths of all easements and
sufficient ties thereto to definitely locate the same with respect to the subdivision
shall be shown. All easements shall be clearly labeled and identified.
H. If the subdivision is adjacent to a waterway, the map shall show the line of high water
with a continuous line, and shall also show with a fine continuous line any lots
subject to inundation by a one percent (1%) frequency flood, i.e., a flood having an
average frequency of occurrence in the order of once in one hundred (100) years
although the flood may occur in any year. (The 100-year floodplain is defined by the
army corps of engineers.)
I. The plat shall show fully and clearly:
1. All monuments found, set, re-set, replaced or removed, stated at each point or in
legend. Monument caps set by surveyor must be stamped with I,.S. number or
surveyor and /or company name, and date. Drawings of brass caps, showing
marked and stamped data for any existing monuments and the monuments to be
set, shall be included on the plat;
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2. Type of boundary markers and lot markers used;and
3. Other evidence indicating the boundaries of the subdivision as found on the site.
Any monument or bench mark that is disturbed or destroyed before acceptance of all
improvements,shall be replaced by the subdivider under the direction of the city
engineer.
J. The title sheet of the plat shall show the following information:
I. name of the subdivision at the top center and lower right hand corner of the sheet;
with location indicated by'A section,Township,Range,Base,and Meridian;
2. number of sheets in the lower right hand corner;
3. name of the engineer or surveyor with the date of the survey;
4. north direction;
5. scale of the drawing;
6. The location of the subdivision within the city shall be shown by a small scale
vicinity map inset;
7. Plats filed for the purpose of showing land previously subdivided as acreage shall
be conspicuously marked with the words"Reversion to Acreage";
8. The following certificates,acknowledgments and boundary descriptions:
a. Registered,professional land surveyor's"certificate of survey"together with
the surveyor's professional stamp,signature,name,business address,and
phone number;
b. Owner's dedication certificate(with subdivision name included);
c. Notary public's acknowledgment(with subdivision name included);
d. A boundary description of all property being subdivided,with sufficient ties to
section corner,'A corner,land corner or recorded subdivision,etc,and with
reference to maps or deeds of the property as shall have been previously
recorded or filed.Each reference in such description shall show a complete
reference to the book and page of records of the county.The description shall
also include reference to any vacated area with the vacation ordinance number
indicated;
e. The tax parcel identification numbers for all parcels shown on the plat;and
f. Such other affidavits,certificates,acknowledgments,endorsements and notary
seals as are required by law and by this chapter.
K. Prior to the filing of the final plat with the mayor,the subdivider shall file the
necessary tax lien certificates and documents.
20.20.040:PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT:
A. Prior to the approval by the mayor of the final plat,and if public improvements were
conditions of preliminary approval,the subdivider shall execute and file an agreement
between the subdivider and the city,specifying the period within which the
subdivider shall complete all public improvement work to the satisfaction of the city
engineer,and providing that if the subdivider shall fail to complete the public
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improvement work within such period,the city may complete the same and recover
the full cost and expense thereof from the subdivider's security device or,if not
recovered therefrom,from the subdivider personally.The agreement shall also
provide for inspection and testing of all public improvements and that the cost of such
inspections and testing shall be paid for by the subdivider.
B. Such agreement may also provide the following:
1. Construction of the improvements in units or phases;or
2. An extension of time under conditions specified in such agreement.
20.20.050:BOND AND SECURITY REQUIREMENTS:
A. The subdivider shall file with the city engineer,together with the improvement
agreement,a security device.With the consent of the city attorney,the subdivider
may,during the term of the improvement agreement,replace a security device with
any other type of security device.If a corporate surety performance bond and a
corporate surety payment bond are used,each shall be in an amount equal to not less
than one hundred percent(100%)of the estimated cost of the public improvements.If
a cash bond,escrow agreement,or letter of credit is used to secure the performance
and payment obligations,the aggregate amount thereof shall be not less than one
hundred percent(100%)of the estimated cost of the public improvements.The
estimates of the cost of the public improvements pursuant to this subsection shall be
subject to the approval of the city engineer.Except as otherwise provided hereafter,
each security device shall extend for at least a one year period beyond the date the
public improvements are completed and accepted by the city,as determined by the
city engineer,to secure the subdivider's obligations under the improvement
agreement,including,without limitation,the replacement of defective public
improvements.
B. In the event the subdivider fails to complete all public improvement work in
accordance with the provisions of this chapter and the improvement agreement: I)in
the case of a corporate surety performance bond,the city shall have the following
options,which shall be set forth in the bond:a)the city may require the subdivider's
surety to complete the work,orb)the city may complete the work and call upon the
surety for reimbursement;2)in the case of a cash bond or escrow agreement,the
subdivider shall forfeit to the city such portion of the money as is necessary to pay for
the costs of completion;and 3)in the case of a letter of credit,the city may draw on
the letter of credit to pay for the costs of completion.The subdivider shall be liable
for,and the city may draw on the security device for,the city's costs and expenses
incurred in realizing on the security device and otherwise pursuing its remedies
hereunder and under the improvement agreement.If the amount of the security device
exceeds all costs and expenses incurred by the city,the city shall release the
remainder of the security device to the subdivider after the expiration of the one year
period described in subsection A of this section,and if the amount of the security
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device shall be less than the costs and expenses incurred by the city,the subdivider
shall be personally liable to the city for such deficiency.
C. The office of the city engineer shall monitor the progress of the work.Ninety(90)
days following the completion and acceptance by the city(as determined by the city
engineer)of all of the public improvements work and upon the receipt by the city of
any lien waivers required by the city engineer and provided that the city has not
received any claims or notices of claim upon the security device pursuant to Section
20.20.052 of this chapter,the city engineer shall release or consent to the release of
seventy five percent(75%)of the security device to the subdivider.The remaining
twenty five percent(25%)shall be held for one year from the date of completion and
acceptance by the city(as determined by the city engineer)of the public
improvements work to make certain that the public improvements remain in good
condition during that year and to secure the subdivider's other obligations under the
improvement agreement.At the end of that year and upon the receipt by the city of
any lien waivers required by the city engineer,and provided that the city has not
received any claims or notices of claim upon the security device pursuant to Section
20.20.052 of this chapter and that the public improvements remain in good condition
and the subdivider has performed the subdivider's obligations under the improvement
agreement,the city engineer shall release or consent to the release of the final twenty
five percent(25%)of the security device to the subdivider.All sums,if any,held by
the city in the form of cash shall be returned to the subdivider without interest,the
interest on such money being reimbursement to the city for the costs of supervision of
the account.If the security device is a corporate surety bond,copies of the partial
releases from the engineer's office shall be sent to the recorder's office for inclusion
with and attachment to the bond.The foregoing provisions of this subsection shall not
apply to amounts required for erosion control and slope stabilization requirements,
and any release with respect to such amounts shall be made as provided in subsection
E of this section and in the improvement agreement.
D. A letter of credit shall be irrevocable unless otherwise expressly consented to in
writing by the city engineer.All other terms of and conditions for a letter of credit
shall be the same as those required for a cash bond or escrow agreement.
E. Where a subdivider is required to provide erosion control and slope stabilization
facilities in a subdivision,the estimated cost of such facilities,as approved by the city
engineer,shall be set forth as a separate figure in the security device.Upon the
completion and acceptance by the city engineer of such facilities,and upon the receipt
by the city of any lien waivers required by the city engineer,and provided that the
city has not received any claims or notices of claim upon the security device pursuant
to Section 20.20.052 of this chapter,fifty percent(50%)of the money held as security
for such facilities shall be returned to the subdivider and fifty percent(50%)shall be
retained for two(2)growing seasons to ensure that growth has taken hold and to
secure the subdivider's other obligations under the improvement agreement.All dead
vegetation shall be replaced through replanting at the end of the second growing
season.At the end of that two(2)year period and upon receipt by the city of any lien
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waivers required by the city engineer, and provided that the city has not received any
claims or notices of claim upon the security device pursuant to Section 20.20.052 of
this chapter and that the erosion control and/or slope stabilization remains acceptable
to the city, the city engineer shall release or consent to the release of the final fifty
percent (50%) of the security device to the subdivider. All sums, if any, held by the
city in the form of cash shall be returned to the subdivider without interest, the
interest on such money being reimbursement to the city for the costs of supervision of
the account. If the security device is a corporate surety bond, copies of the partial
release from the engineer's office shall be sent to the recorder's office for inclusion
with and attachment to the bond.
20.20.052: SECURITY DEVICES SECURING PAYMENT RISK:
The terms of a corporate surety payment bond held by the city as a security device shall
govern claims to the corporate surety by a claimant. Subsections A through E of this
section shall govern claims by claimants on any security device which is a cash bond held
by the city, a letter of credit, or an escrow agreement. For purposes of this section,
"claim" means a request or demand by a claimant that: a) a corporate surety pay the
claimant from a corporate surety payment bond or b) that the city either: 1) pay the
claimant from a cash bond, or 2) make a draw request under a letter of credit or make a
request for payment under an escrow agreement. For purposes of this section, "claimant"
means a person who, pursuant to contract, furnished labor, materials, supplies, or
equipment with respect to the public improvements. For purposes of this section,
"contractor" means the person with whom the claimant has contracted to furnish labor,
materials, supplies, or equipment with respect to the public improvements. For purposes
of this section, "original contractor" means the person with whom the subdivider
contracted to construct the public improvements.
A. The city shall be obligated to make a payment or request a payment to be made only
to the extent of monies available under the security device, and shall have no duty to
defend any person in any legal action relating to a claim.
B. The city shall have no obligation to a claimant under a security device until:
1. The claimant has furnished written notice to the contractor, with a copy to the
original contractor, the subdivider and the city, within ninety (90) days after
having last performed labor or last furnished materials, supplies or equipment
included in the claim, stating, with substantial accuracy, the amount of the claim
and the name of the party to whom the materials, supplies or equipment were
furnished or for whom the labor was done or performed; and
2. Not having been paid within thirty (30) days after having furnished the above
notice, the claimant has sent written claim to the city, with a copy to the original
contractor and the subdivider, stating that a claim is being made under the security
device and enclosing a copy of the previous written notice furnished to the
contractor and to the city.
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C. When the claimant has satisfied the conditions in subsection B of this section,the city
shall,within thirty(30)days after receipt of the claim,take the following actions:
1. Send an answer to the claimant,with a copy to the original contractor and to the
subdivider,stating the amounts that are undisputed and the basis for challenging
any amounts that are disputed;
2. Pay or arrange for the payment of any undisputed amounts.
D. No suit or action shall be commenced by a claimant under a security device after the
expiration of one year after the date of completion of the public improvements and
acceptance thereof by the city(as certified by the city engineer).Any such suit or
action shall be commenced only in a court of competent jurisdiction in Salt Lake
City.
E. If the subdivider provides a security device comprising a cash bond,a letter of credit
or escrow agreement,the subdivider and the contractor shall be deemed to have
waived any right to sue the city because of any payment or draw made by the city
under or pursuant to such security device.
20.20.055:NO PUBLIC RIGHT OF ACTION:
The provisions of Sections 20.20.040 and 20.20.050 of this chapter,or successor sections,
shall not be construed to provide any private right of action on either tort,contract,third
party contract or any other basis on behalf of any property holder in the subdivision as
against the city or on the security device required under Section 20.20.050 of this chapter
or its successor in the event that the public improvements are not constructed as required.
Notwithstanding the foregoing sentence,any security device obtained pursuant to Section
20.20.050 of this chapter to secure payment obligations with respect to the public
improvements shall provide a private right of action to any person,at any tier,who
supplies labor,material or equipment with respect to the public improvements.
20.20.060:CITY ENGINEER REVIEW AND APPROVAL:
Upon receipt of the final plat and other data submitted therewith,the city engineer shall
examine such to determine that the subdivision as shown is substantially the same as it
appeared on the preliminary plat and any approved alterations thereof.If the city engineer
shall determine that full conformity therewith has been made,the city engineer shall
approve the plat.
20.20.070:APPROVAL BY PLANNING DIRECTOR:
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Upon receipt of the final plat,the planning director shall examine the same to determine
whether the plat conforms with the preliminary plat,with all changes permitted.and with
all requirements imposed as a condition of its acceptance.If the planning director
determines that the final plat conforms to the preliminary plat and all permitted changes
or conditions,the planning director shall approve the plat for execution by the mayor.If
the planning director determines that the final plat does not conform fully to the
preliminary plat as approved,the planning director shall advise the subdivider of the
changes or additions that must be made for approval.
20.20.080:APPROVAL BY THE CITY ATTORNEY:
After the planning director's approval of the final plat,the city attorney shall review the
final plat to determine the plat's conformity to law and the validity of any dedications
granted to the city.
20.20.090:APPROVAL BY THE MAYOR:
After the city attorney's approval of the final plat,the mayor shall consider the plat,the
plans of subdivision,and the offers of dedication.The mayor may reject any or all offers
of dedication.As a condition precedent to the acceptance of any streets or easements or
the approval of the subdivision,the mayor may require the subdivider,at the city's
option,to either improve or agree to improve the streets and install such drainage and
utility structures and services within the period the mayor shall specify.Such agreement
shall include and have incorporated as part thereof,the plans,specifications and profiles
referred to and required under Section 20.20.020 of this chapter,or its successor.If the
mayor determines that the plat is in conformity with the requirements of the ordinances of
the city and that the mayor is satisfied with the plans of the subdivision and the city's
acceptance of all offers of dedication,the mayor shall approve the plat.
20.20.100:DISAPPROVAL OF PLAT BY MAYOR;REFILING:
If the mayor determines either that the plat is not in conformity with the requirements of
the ordinances of the city,or that he/she is not satisfied with the plans of the subdivision,
or if he/she rejects any offer or offers of dedication,the mayor shall disapprove the plat,
specifying reasons for such disapproval.Within thirty(30)days after the mayor has
disapproved any plat,the subdivider may file with the city engineer a plat altered to meet
the mayor's requirements.No final plat shall have any force or effect until the same has
been approved by the mayor.
20.20.110:RECORDATION WITH COUNTY:
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When the mayor has approved the final plat,as aforesaid,and the subdivider has filed
with the city recorder the agreement and security device described in Sections 20.20.040
and 20.20.050 of this chapter,or successor sections,and when such agreement and
security device have been approved by the city attorney as to form,the plat shall be
presented by the subdivider to the Salt Lake County Recorder for recordation within 180
days of the mayors approval,otherwise all approvals both final and preliminary shall be
void.
Chapter 20.24
LOT LINE ADJUSTMENTS
20.24.010:PURPOSE:
The purpose of this chapter is to enable lot line adjustments to be considered and
approved administratively by the planning director or designee.
20.24.020:APPLICABILITY:
This chapter applies to lot line adjustments of existing adjoining parcels or lots that are
described by either a metes and bounds description,a notice of subdivision approval,or a
recorded plat.
20.24.025:STANDARDS OF REVIEW:
Applications processed pursuant to this chapter shall meet the following standards:
A. The proposed lot line adjustment(s)comply with all applicable zoning requirements,
or reduce the amount of non-compliance.
B. Not yield two principal buildings on one lot,unless permitted in the zoning district or
by an approved planned development.
C. Not affect any street right of way.
D. Not create any new lots.
20.24.030:GENERAL APPLICATION CONTENTS:
The application for lot line adjustments shall include:
A. The signatures of all property owners of record whose land is involved in the
adjustment.
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13. Digital and/or paper copies of a site plan and other items necessary for proper review
as specified by the planning director. The site plan shall be verified by a Utah
registered land surveyor or licensed engineer and include the following information:
1. current lot lines,
2. proposed adjustment(s),
3. location of the home(s)and/or building(s)on the parcels involved,including
accessory buildings,and
4. setbacks from all buildings to the existing and adjusted parcel line(s).
C. A deed or other recordable instrument that will be used to execute the adjustment.
D. Verification that relocation of a parcel line(s)will not leave in place a utility easement(s)
that will impede future development.
20.24.040:FEES:
Lot line adjustment fees shall be paid according to the Salt Lake City Consolidated Fee
Schedule.
20.24.050:CITY INTERNAL REVIEW AND DECISION:
The planning director or designee shall review the application for completeness and for
compliance with the standards of review for this type of application. .The planning
director or designee shall also forward the lot line application to the city surveyor for
review of the new legal descriptions.Upon review of the application,site plan and
finding that the standards of review are complied with,the planning director,or designee,
may either approve the lot line adjustment or forward the application for a public hearing
with the planning commission. If the standards of review are not met,the planning
director shall deny the application for lot line adjustment.
20.24.060:RECORDABLE INSTRUMENT:
If the lot line adjustment is approved,the planning director or designee shall record a
notice of lot line adjustment with the Salt Lake County Recorder's office that is signed by
the planning director and each owner included in the exchange. The notice shall contain
the descriptions of both the original parcels and the modified parcels and state any
conditions of approval. A document of conveyance shall be recorded by the applicant.
property owner,or their representative at the same time as the notice of approval. The lot
line adjustment is not valid unless the document of conveyance is recorded.
Chapter 20.28
SUBDIVISION AMENDMENTS
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Article I. General Provisions
20.28.010: AMENDMENT INITIATION:
The city may consider any proposed vacation, alteration, or amendment of a subdivision
plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision
plat pursuant to the provisions of this chapter.
20.28.020: PETITION FILING:
The owner of land within a recorded subdivision may submit an amendment petition for
the land they have ownership interest in or, in the case of proposed closure of a public
street or right-of-way that they propose ownership interest in, to the planning director or
designee pursuant to the provisions of this chapter.
20.28.030: GENERAL PETITION CONTENTS:
An amendment petition shall include the same items required for preliminary plat review
as specified in Chapter 20.16 in addition to the following:
A. The name and address of each owner of record of the land contained in the entire plat,
and;
B. The signature of each of these owners who consents to the petition.
20.28.040: FEES:
Subdivision amendment fees shall be paid according to the adopted Salt Lake City
Consolidated Fee Schedule.
Article II. Subdivision Amendments Not Involving Streets
20.28.050: APPLICABILITY:
Subdivision amendments not involving the vacation of all or a portion of any public
street, right-of-way, or easement, or that cannot be processed under Chapter 20.24 of this
title as lot line adjustments, shall be processed pursuant to this article.
20.28.060: CITY INTERNAL REVIEW:
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A. The planning director or designee shall transmit a copy of the preliminary plat to, and
request comments from, city departments and divisions that are part of the
subdivision review process, as determined by the planning director.
B. The division of transportation may, if the division determines that the proposed
amendment petition may have an adverse material impact on traffic, require the
applicant to submit a professionally prepared traffic impact study prior to the hearing
on the application.
C. The departmental comments shall be transmitted to the petitioner.
20.28.070: ADMINISTRATIVE REVIEW:
The subdivision amendment application is considered a preliminary plat and shall be
processed and reviewed using those same standards according to the procedures outlined
for preliminary plats in Chapter 20.16; however, notice shall be provided according to
Chapter 20.36.
20.28.080: APPEALS OF ADMINISTRATIVE DECISION:
Refer to Chapter 20.48 (Appeals) for information and regulations regarding filing an
appeal of a decision on subdivision amendments.
20.28.090: RECORDABLE INSTRUMENT:
If the amendment petition is approved, the final amended subdivision plat and such other
documents as may be required shall be executed by the planning director. The plat and
documents shall be recorded in the office of the county recorder either by the applicant or
by the planning director.
Article III. Subdivision Amendments Involving Streets
20.28.100: PURPOSE AND AUTHORIZATION:
If the amendment petition involves closure, vacation (in whole or in part), alteration or
amendment of any public street, right-of-way, or easement, or the dedication of a private
street to a public street, the amendment petition shall be processed pursuant to the
provisions of this article.
20.28.110: CITY INTERNAL REVIEW:
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The planning director or designee shall transmit a copy of the preliminary plat to,and
request comments from,city departments and divisions that are part of the subdivision
review process,as determined by the planning director.
The division of transportation may,if the division determines that the proposed
amendment petition may have an adverse material impact on traffic,require the applicant
to submit a professionally prepared traffic impact study prior to the hearing on the
application.
The departmental comments shall be transmitted to the petitioner.
20.28.120:PLANNING COMMISSION HEARING:
A. The planning commission shall hold a public hearing to consider the amendment
petition and shall provide a recommendation to the city council to approve,approve
with conditions,or deny the amendment according to the standards for preliminary
plats set forth in Section 20.16.100 of this chapter.
B. Notice of the planning commission hearing shall be provided in accordance with
noticing requirements in Section 20.36 of this chapter.
20.28.130:CITY COUNCIL HEARING:
A. The city council shall hold a public hearing to consider the amendment petition and
shall either approve,approve with conditions,or deny the amendment according to
the standards for preliminary plats set forth in Section 20.16.100 of this chapter,and
in the case of dedication of street from private ownership to public ownership,
according to the policies and standards found in Chapter 14.54 of the city code.
B. A notice of public hearing before the Salt Lake City Council shall be provided in
accordance with noticing requirements for public hearings of Chapter 20.36 of this
title.
20.28.140:RECORDABLE INSTRUMENT:
If the amendment petition is approved by the council,the final amended subdivision plat
and such other documents as may be required shall be executed by the planning director.
The plat and documents shall be recorded in the office of the county recorder either by
the applicant or by the planning director.
20.28.150:APPEALS OF CITY COUNCIL DECISION:
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Refer to Chapter 20.48(Appeals)for information and regulations regarding filing an
appeal of a decision on subdivision amendments.
Chapter 20.32
CONSOLIDATION OF PARCELS
20.32.010:PURPOSE:
The purpose of this chapter is to allow for the consolidation of adjacent parcels and/or
subdivision lots.
20.32.020:APPLICABILITY:
This section applies to adjacent land parcels or lots whether or not they are part of a
previously recorded subdivision. In order for two or more adjacent lots to be
consolidated into one lot,the following criteria shall be met:
A. Compliance with all applicable zoning regulations including maximum lot size,if
applicable.
B. A lot consolidation cannot yield two principal buildings on one lot,unless permitted
in the zoning district or by an approved planned development.
20.32.030:GENERAL APPLICATION REQUIREMENTS:
The application for consolidation of parcels shall include:
A. A site plan,verified by a Utah registered land surveyor or professional engineer,
depicting the following information:
1. current lot lines;and
2. location of any home(s)and/or building(s)on the parcels involved,including
accessory buildings.
B. Verification that elimination of a parcel line(s)will not leave in place any utility
easement(s)that will impede future development.
C. A copy of the deed or other recordable instrument that will be used to execute the
consolidation. The instrument shall clearly indicate that the parcels are to be
consolidated into one parcel and one legal description.
20.32.040:CITY INTERNAL REVIEW:
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The planning director or designee shall review the application for completeness and for
compliance to the regulations of the zoning ordinance.Upon review of the application,
the planning director,or designee,may either approve or deny the lot consolidation.
20.32.050:RECORDABLE INSTRUMENT:
A. When the consolidation does not involve any lots that are part of a previously
recorded subdivision,city approval of the consolidation shall be in the form of a
notarized findings and order executed by the planning director or designee and
provided to the applicant and/or owners. The findings and order shall specify,
according to Section 20.32.060 of this chapter,the time period after which city
approval shall expire. The applicant shall record the approved recordable instrument
and the associated findings and order in the Office of the Salt Lake County Recorder.
B. When the consolidation involves lots,either in whole or in part,that are part of a
previously recorded subdivision,city approval of the consolidation shall be in the
form of a notarized notice of subdivision lot consolidation executed by the planning
director or designee,which the city shall record in the Office of the Salt Lake County
Recorder. The notice shall specify,according to Section 20.32.060 of this chapter,
the time period after which city approval shall expire. The applicant shall record the
approved recordable document of conveyance in the Office of the Salt I,ake County
Recorder to validate the city approval.
20.32.060:EXPIRATION OF APPROVAL:
City approval for lot consolidations 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 90 calendar days from
the date the city document was notarized unless both the city approval document and the
approved recordable instrument for transferring property are recorded within that time.
Chapter 20.36
NOTICING REQUIREMENTS
20.36.010:REQUIRED NOTICING FOR PLANNING DIRECTOR DECISION ON
PRELIMINARY PLAT APPLICATIONS:
When the review process involves a preliminary decision by the planning director the
application shall be noticed as follows:
A. Subdivisions:
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1. Mailing: Written notice of subdivision application shall be provided by first class
mail a minimum of twelve (12) calendar days in advance of the pending decision
to all owners and tenants of the land subject to the application, and all abutting
property owners, as shown on the Salt Lake City Geographic Information System
records.
2. Posting: Notice by sign, in accordance with Section 20.36.030 of this title, shall
also be posted on the property at least ten (10) days prior to the scheduled
administrative decision.
3. Notification to Recognized Organizations: The city shall give notification in
accordance with Section 20.36.040 of this title.
B. Subdivision amendments not involving vacating or altering a public street, right-of-
way, or easement:
1. Amendments not involving a public street, right-of-way, or easement:
a. Mailing: Written notice of subdivision application shall be provided by first
class mail a minimum of twelve (12) calendar days in advance of the pending
decision to all property owners or tenants, as shown on the city's
computerized geographic information system, of land contained in the entire
original or previously amended subdivision plat and all property owners
whose property abuts the land being amended and is located outside of the
subject subdivision.
b. Posting: Notice by sign, in accordance with Section 20.36.030 of this title,
shall also be posted on the property at least ten (10) days prior to the
scheduled administrative decision.
c. Notification to Recognized Organizations: The city shall give notification in
accordance with Section 20.36.040 of this title.
20.36.020: REQUIRED NOTICING FOR PUBLIC HEARING:
When the review process involves a public hearing, the application and hearing shall be
noticed as follows:
A. Subdivisions: excluding subdivision amendments involving a public street, right-of-
way, or easement, which have different noticing requirements as specified in
Subsection 20.36.020.B, whenever a public hearing with the planning commission is
required for preliminary plat decision, the following public noticing is required:
1. Mailing: Notice by first class mail shall be provided a minimum of twelve (12)
calendar days in advance of the public hearing, to all abutting property owners of
the subject land, as shown on the Salt Lake City Geographic Information System
records.
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2. Posting: The land subject to an application shall be posted by the City with a
sign,in accordance with Section 20.36.030 of this title,giving notice of the public
hearing a minimum of ten(10)calendar days in advance of the public hearing.
3. Notification to Recognized Organizations:The city shall give notification in
accordance with Section 20.36.040 of this title.
B. Subdivision amendments involving vacating or altering a public street,right-of-way,
or easement:
1. Notice of the public hearing shall be provided in the following manner at least 12
days before the hearing:
a. mailed to the record owner of each parcel that is accessed by the subject
portion of public street,right-of-way,or easement;
b. mailed to each affected entity;
c. published in a newspaper of general circulation in the municipality in which
the land subject to the petition is located;and
d. published on the Utah Public Notice Website created in Section 63F-1-701 of
the Utah Code.
2. Posting: The land subject to an application shall be posted by the city with a
sign,in accordance with Section 20.36.030 of this title,giving notice of the public
hearing a minimum of ten(10)calendar days in advance of the public hearing.
3. Notification to Recognized Organizations:The city shall give notification in
accordance with Section 20.36.040 of this title.
20.36.030:SIGN POSTING;LOCATION AND REMOVAL
1. Location: One notice sign shall be posted for each five hundred feet(500')of
frontage,or portion thereof,along a public street. At least one sign shall be posted on
each public street. The sign(s)shall be located on the property subject to the request
or petition and shall be set back no more than twenty-five feet(25')from the front
property line and shall be visible from the street. Where the land does not have
frontage on a public street,signs shall be erected on the nearest street right-of-way
with an attached notation indicating generally the direction and distance to the land
subject to the application.
2. Removal:If the sign is removed through no fault of the applicant before the hearing,
such removal shall not be deemed a failure to comply with the standards,or be
grounds to challenge the validity of any decision made on the application.
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20.36.040:NOTIFICATION TO RECOGNIZED AND REGISTERED
ORGANIZATIONS:
When it is required,notification to recognized organizations,shall be given by e-mail
notification,or other form of notification chosen by the planning director,a minimum of
twelve(12)calendar days in advance of a planning director decision and/or a public
hearing to any organization which is entitled to receive notice pursuant to Title 2,Chapter
2.60 of the city code.
Chapter 20.40
IMPROVEMENTS AND FLOOD CONTROL
20.40.010:REQUIRED IMPROVEMENTS;IMPROVEMENT AGREEMENT
CONDITIONS:
A. The subdivider shall improve all streets,pedestrian ways or easements in the
subdivision,and adjacent streets required to serve the subdivision.No permanent
improvement work shall be commenced until improvement plans and profiles have
been approved by the city engineer and a subdivision improvement agreement
contract has been executed between the subdivider and the city.Improvements shall
be installed to permanent line and grade and to the satisfaction of the city engineer,
and in accordance with the standard subdivision specifications contained in Chapter
20.12 of this title or its successor,as adopted by the city.The cost of inspection shall
be paid by the subdivider. The subdivider may request that certain public
improvements be waived by the city's Complete Streets Committee. The Complete
Streets Committee may waive those improvements for which it has authority.
B. The minimum improvements which the subdivider normally shall agree to install at
the cost of the subdivider,prior to acceptance and approval of the final subdivision
map by the city shall be:
1. Gradin g,curbs and gutter,paving,drainage,and drainage structures necessary for
the proper use and drainage of streets and pedestrian ways,and for the public
safety;
2. Site gradin g and drainage,taking into consideration the drainage pattern of
adjacent improved and unimproved property and treating upstream areas,where
appropriate,as though fully improved.All site grading shall conform to the
specifications contained in Chapter 20.12 of this title;
3. All streets and pedestri an ways shall be graded,and surfaced to widths and grades
shown on the improvement plans and profiles.The subdivider shall improve the
extension of all subdivision streets and pedestrian ways to any intercepting or
intersecting streets;
4. Sidewalks shall be installed as shown on the impr ovement plans and profiles;
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5. Sanitary sewer facilities connecting with the existing city sewer system shall be
installed to serve the subdivision, with a separate private lateral for each lot, and
to grades and sizes shown on the plans;
6. Stormwater drains and detention/retention basins shall be installed as shown on
the plans;
7. Water mains and fire hydrants connecting to the water system serving the city
shall be installed as shown on the plans signed by the city engineer. Mains and
individual lot services shall be of sufficient size to furnish an adequate water
supply for each lot or parcel in the subdivision and to provide adequate fire
protection;
8. Street trees, if required, shall be of a type approved by the city and planted in
approved locations;
9. Barricades, street signs and traffic safety devices shall be placed as required by
the city engineer and city transportation engineer;
10. Street lighting facilities shall be provided in accordance with city policy for the
area of the city where the subdivision is located, and shall be so screened as not to
interfere with views from hillsides of the city;
11. All natural gas lines, and telephone, electric power, cable television or other wires
or cables shall be placed underground. Equipment appurtenant to the underground
facilities, such as surface mounted transformers, pedestal mounted terminal boxes
and meter cabinets, and concealed ducts may be aboveground subject to
compliance with Section 21A.40.160 (Ground Mounted Utility Boxes) of the
zoning ordinance or its successor. The subdivider shall make necessary
arrangements with the utilities involved for the installation of the underground
facilities;
12. Provisions shall be made for any railroad crossings necessary to provide access to
or circulation within the proposed subdivision.
20.40.20: UNDERGROUND UTILITY INSTALLATION:
All underground utilities, sanitary sewers and storm drains installed in streets or alleys
shall be constructed prior to the surfacing of such streets or alleys. Connections for all
underground utilities and sanitary sewers shall be laid to such length as will avert the
necessity for disturbing the street or alley improvements, when service connections
thereto are made.
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20.40.030: IMPROVEMENTS; AS BUILT PLAN FILED ON COMPLETION:
A complete improvement plan"as built" (aka"Record Documents") shall be filed with
the city engineer upon completion of said improvements.
20.40.040: FLOOD CONTROL REQUIREMENTS:
Notwithstanding the provisions of this section and Sections 20.40.010 through 20.40.030
of this chapter, or successor sections, the following requirements shall be imposed as a
condition of approval of a subdivision located within a floodplain area, as defined by
Title 18, Chapter 18.68 of the Salt Lake City Code:
A. The subdivision design shall be consistent with the need to minimize flood damage;
B. Adequate drainage must be provided so as to reduce exposure to flood hazards; and
C. All public utilities and facilities such as sewer, gas, electrical and water systems shall
be located, elevated or constructed so as to minimize or eliminate flood damage.
Chapter 20.44
MODIFICATIONS OF STANDARDS AND REQUIREMENTS
20.44.010: MODIFICATIONS; PERMITTED WHEN; PETITION FROM
SUBDIVIDER:
A. Whenever the land involved in any subdivision is of such size or shape, or is subject
to such title limitations of record, or is affected by such topographical location or
conditions, or is to be devoted to such use that it is impossible, impractical or
undesirable in a particular case for the subdivider fully to conform to the design
standards and requirements contained in Chapter 20.12 of this title, or its successor,
the planning commission or its designee may recommend and the mayor may permit
such modification thereof as may be reasonably necessary if such modifications are in
conformity with the spirit and purpose of this title.
B. Application for any such modification shall be made by a verified petition of the
subdivider, stating fully the grounds of the application and the facts relied upon by
the petitioner. Such petition shall be filed with or after the filing of the preliminary
plat of the subdivision.
C. In order for the property referred to in the petition to come within the provisions of
this section, it shall be necessary that the planning commission or its designee shall
find the following facts with respect thereto:
1. There are special circumstances or conditions affecting said property;
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2. The modification is necessary for the preservation and enjoyment of a substantial
property right of the petitioner;
3. The granting of the modification will not be detrimental to the public welfare or
safety, or injurious to other property in the vicinity in which the property is
situated.
20.44.020: MODIFICATIONS; SUBDIVISIONS AS OR PART OF PLANNED
DEVELOPMENTS:
For application of a planned development that desires approval as a subdivision of lots
under this title, the planning commission shall review the application, pursuant to the
procedure governing subdivisions, but, in its discretion, may waive portions of the
requirements of this title or Title 21A of this code applicable to lot area, size, minimum
side yards, public road dedication and minimum road frontage setbacks upon terms or
conditions as it deems appropriate and consistent with criteria set forth in Title 21A of
this code regarding planned developments.
Chapter 20.48
APPEALS
20.48.110: EXHAUSTION OF ADMINISTRATIVE REMEDIES:
No person may challenge in district court the city's actions on any petition under this
chapter until that person has exhausted all available administrative remedies.
20.48.115: APPEAL OF ADMINISTRATIVE DECISION:
Any person adversely and materially affected by any final decision made by the planning
director or designee under this chapter may file a petition for review of the decision with
the planning commission within ten (10) days after the record of decision is posted to the
city's internet site.
20.48.120: APPEAL FROM OF PLANNING COMMISSION DECISION:
Any person adversely affected by any final decision made by the planning commission
under this chapter may file a petition for review of the decision with the land use appeals
authority within ten (10) days after the decision is rendered.
20.48.130: APPEALS OF LAND USE APPEALS AUTHORITY AND CITY
COUNCIL DECISIONS:
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Any person adversely affected by any final decision made by the land use appeals
authority or the city council under this chapter may file a petition for review of the
decision with the district court within ten (10) days after the decision is rendered.
Chapter 20.52
ENFORCEMENT
20.52.010: UNLAWFUL ACTS INVOLVING SALE OR LEASE OF PROPERTY:
A. No person shall offer to sell, contract to sell, sell, deed or convey any property
contrary to the provisions of this title.
B. The city, in addition to any other remedy provided by law, may seek to prevent any
remedy or violation of this chapter which has occurred or is about to occur by
instituting a proceeding for an injunction, mandamus, abatement or any other
appropriate action.
C. The city may enforce the provisions of this chapter by refusing to issue building
permits.
20.52.020: VIOLATION; PENALTY:
It shall be unlawful for any person to fail to comply with the provisions of this title, and
failure to comply with the provisions of this title shall constitute a class C misdemeanor.
20.52.030: CIVIL PENALTIES:
Any violations of the provisions of this chapter shall subject the violator to a civil penalty
in the following amounts:
A. Two hundred dollars ($200.00) per day of the violation if the violation occurs in the
foothills FR-1, FR-2, or FR-3 districts.
B. One hundred dollars ($100.00) per day of the violation for any other violation.
Chapter 20.56
CONDOMINIUMS
20.56.010: PURPOSE OF PROVISIONS:
This chapter establishes procedures for the review and approval of condominium projects
to ensure they comply with applicable Salt Lake City ordinances and state laws.
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20.56.020:DEFINITIONS:
For the purposes of this chapter:
Building Official:The director of the division of building services and licensing or such
person as the director shall designate.
Common areas and facilities:The property and improvements of the condominium
project conforming to the definition set forth in Section 57-8-7,Utah Code,as amended
or its successor.
Condominium,Condominium Project,or condominium unit:Property or portions
thereof conforming to the definition set forth in Section 57-8-3,Utah Code,as amended
or its successor.
Condominium Ownership Act of 1975:The provisions of Chapter 8 of Title 57 of Utah
Code.
Conversion:A proposed change in the type of ownership of a parcel or parcels of land
together with the existing attached structure from single ownership of said parcel,such as
an apartment house,into that defined as a condominium project involving separate
ownership of individual units combined with joint collective ownership of common areas.
Planning Official:The director of the planning division or such person as the director
may designate.
Plat:"Record of survey map"as defined in Section 57-8-13,Utah Code,as amended or
its successor.
20.56.030:APPLICABILITY OF PROVISIONS:
The procedures and requirements of this chapter apply to the processing and approval of
condominium record of survey maps for condominium projects.Such provisions shall
supplement zoning,site development,health,building or other ordinances which may be
applicable to the condominium project,and shall apply to the approval of projects
involving new construction,as well as projects involving the conversion of existing
structures.In addition,projects which involve dedication of real property to the
ownership and use of the public shall also be considered subdivisions and require
compliance with applicable provisions for subdivisions found in this title.
20.56.040:PROPOSED PROJECT;APPLICATION;FEES:
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A. Information Required:The owner or developer of a proposed condominium project
desiring approval shall file both a preliminary application and a final application with
the Salt bake City Planning Division on forms prescribed by the city together with:
1. Digital and paper copies of the proposed map,accurately drawn to scale,as
required by Section 57-8-13.Utah Code,as amended or its successor,which shall
be made by a registered Utah land surveyor.Such map shall set forth:a)the
angular and linear data along the exterior boundaries of the property;b)the linear
measurement and location,with reference to the exterior boundaries,of the
building or buildings;c)the diagrammatic floor plans of the buildings,including
identifying number or symbol;d)the elevations of the finished or unfinished
interior surfaces of the floors and ceilings and the linear measurements of the
finished or unfinished interior surfaces of the perimeter walls,and the lateral
extensions of every unit;e)a distinguishing number or symbol for every physical
unit identified on the record of survey map;f)the limited common and common
areas and intended use/uses.
2. Digital and paper copies of the proposed condominium bylaws and declarations,
including itemizing those facilities which will be commonly owned and
maintained by the owners,and the plan for providing long term funding,as
required by city ordinance.The declaration shall also contain the following:
a. A statement that the homeowners'association may regulate,limit,or prohibit
rentals of condominium units;
b. A statement that the homeowners'association may require the rental of
condominium units to be conducted through the homeowners'association or a
designated management company,and may require that all lease agreements
be reviewed and approved by the homeowners'association or the
management company,that any tenants be screened and approved by the
homeowners'association or the management company prior to renting the
condominium,and that the approval of the homeowners'association or the
management company shall not be unreasonably withheld;
c. A statement that prior to renting any condominium unit,the condominium
owner and the tenant shall execute a written lease agreement which shall
include the following provisions:
(1)The tenant shall agree to comply with all of the terms and conditions of
the condominium declaration and bylaws;
(2)The tenant shall agree not to allow or commit any nuisance,waste.
unlawful or illegal act upon the premises;and
(3)The owner and the tenant shall acknowledge that the homeowners'
association is an intended third party beneficiary of the lease agreement,
that the homeowners'association shall have the right to enforce
compliance with the condominium declaration and bylaws and to abate
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any nuisance,waste,unlawful or illegal activity upon the premises;and
that the homeowners'association shall be entitled to exercise all of the
owner's rights and remedies under the lease agreement to do so;
d. A statement requiring that prior to a tenant's occupancy of a condominium
unit,the condominium owner must provide to the homeowners'association
the name,address and telephone number of the tenant and a copy of the
written lease agreement:
e. A statement that the homeowners'association shall have the right and the
obligation to enforce compliance with the condominium declaration and
bylaws against any owner and/or occupant of any condominium unit,and shall
have all rights and remedies available under state or local law,in addition to
its rights and remedies as a third party beneficiary under any lease agreement,
to enforce such compliance.
3. Noticing requirements as specified in Chapter 20.36 of this title.
4. Where conversion of an existing building is proposed,a property report must be
prepared consistent with the requirements of Section 18.32.050 of this code
(adopted building code appendix;nonconforming building conversion),and
submitted as part of the application,together with a plan for proposed
improvements,renovations or repairs to existing structures/facility.
5. Where conversion of an existing residential building is proposed,proof of notice
to occupants shall be required before final approval.The notice shall include the
estimated purchase price of the units,and information regarding proposed
improvements.The notice shall describe any financing packages or economic
incentives being offered to tenants to assist in unit purchase.The notice shall also
include a date occupants must vacate or purchase,said date shall be no earlier
than ninety(90)days after service of the notice.Relocation information for the
tenants,specifying available housing relocation resource agencies,and a plan of
any services to be voluntarily provided by the owner/developer,shall be included
in the notice.
B. Filing Fees:To assist the city in defraying costs incurred in review of the project,fees
shall be submitted with each application as shown on the Salt Lake City Consolidated
Fee Schedule.
C. Determination of Complete Application:The application for either preliminary or
final condominium approval shall not be considered complete until all required fees
are paid to the city by the applicant and the planning staff has reviewed the material
and determined that the material is adequate and correctly details the condominium
request.If the application is found to be incomplete,the staff will inform the
applicant of the necessary additional information.
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20.56.050: NEW CONSTRUCTION PROCESS:
A. Zoning Administrator Duties and Responsibility: The zoning administrator shall perform
a zoning compliance review and report the findings to the building official and the
planning official. The review shall document the site plan compliance under the zoning
ordinance.
B. Building Official Duties and Responsibility: The building official shall obtain the zoning
compliance review from the zoning administrator. The building official shall review
plans for new construction to determine if such plans conform with applicable building
codes.
C. Planning Official Duties and Responsibility: The planning official shall review the
application, the zoning compliance review and related documents to determine
compliance with requirements of Utah Condominium Ownership Act of 1975 and
applicable provisions of this part.
D. Preliminary Approval Procedures:
1. Notice of Condominium Application and Pending Decision Required: No
condominium project shall be approved without notice being provided in accordance
with Section 20.16.110 of this title.
2. Planning Official Action: The planning official, or designee, shall render a decision in
accordance with Section 20.16.120 of this title.
3. Building Official Action: No building permit for a proposed condominium project
shall be issued without preliminary approval from the planning official. The building
official, or designee, may approve the plans and issue applicable permits for
construction. The issuance of building permits shall serve as evidence of preliminary
condominium approval.
E. Final Approval Procedures: In addition to the final plat requirements stated in Chapter
20.20, no condominium shall have final approval, or shall said units be sold, until the
plat has been recorded with the Salt Lake County Recorder.
1. Planning Official Approval: Upon receipt of the final record of survey map, the
planning official shall examine the plat to determine whether the plat conforms
with the preliminary plat and all conditions of approval. The planning official
shall approve and sign the plat.
2. Building Official Approval: The building official shall conduct a final inspection
of the building and shall approve and sign the plat.
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3. City Attorney Approval: The city attorney shall advise the mayor as to the form of
the final plat and other recordable documents. The city attorney shall certify that
any lands dedicated to the public are dedicated in fee simple and that the applicant
is the owner of record. The city attorney shall approve and sign the plat.
4. Mayor Approval: The mayor shall examine the plat to determine conformity with
the requirements of the ordinances of the city and may approve the record of
survey map. No final plat shall have any force or effect until it has been approved
by the mayor and recorded with the Salt Lake County Recorder.
20.56.060: CONDOMINIUM CONVERSION PROCESS:
A. Building Official Duties and Responsibility:
1. Property Report Required: In the case of a proposed conversion to condominium
of an existing building, the building official shall review the property report
prepared in response to Section 18.32.050 of this code governing building
conversions, and any plans for renovation and improvement to determine
compliance with applicable codes or ordinances. The building official may
require revision and resubmission of the property report if a determination is
made that required information is missing.
2. Inspection Required: The building official shall require inspection of the property.
Any items identified, either through the inspection or in the property report, as
needing repair or replacement within five (5) years, shall be included on the list of
required improvements.
3. Disclosure: The building official shall identify any building conditions to be
disclosed on the record of survey map.
B. Planning Official Duties and Responsibility:
1. Coordination of Review: The planning official shall review the application
material submitted for accuracy and completeness and transmit the submittal to
pertinent departments for review and comment.
2. Consistent with State Law: The planning official shall review the application and
related documents to determine compliance with requirements of the Utah
condominium ownership act of 1975 and applicable provisions of this part.
3. Previous Conditions: The planning official shall review applicable conditions on
the use or building imposed by ordinances, variances, and conditional uses.
4. Site Improvements: The planning official shall review the proposed building and
site plans and shall have the authority to require additional improvements to be
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made to the existing site including,but not limited to,landscaping,exterior
repairs,and improvements to common areas.This review shall include an analysis
of the parking,including internal circulation issues,such as surfacing and control
curbs.The analysis shall also include the number of existing parking stalls,noting
any deviation from current standards.Based upon this information,the planning
official may require construction of additional parking stalls on the site,or may
require reasonable alternative parking solutions as outlined in Section
21A.44.030,"Alternative Parking Requirements",of the zoning ordinance.Any
additional parking developed on site or alternative parking solutions may not
increase the parking impacts on neighboring properties,and will not develop
existing common areas used as open space or green space.Additionally any
remodeling proposal which increases the number of bedrooms would require
compliance with existing parking requirements.The total number of parking stalls
available to the owners of the project shall be disclosed on the condominium plat.
5. Staff Report:The planning official shall direct city staff in the preparation of a
written report based on the above research,and site plan and building assessment.
The report should summarize deficiencies and nonconformities relating to Title
21 A Zoning,along with recommended improvements that may be required for
final approval.
C. Preliminary Approval Procedures:
1. Notice of Condominium Application and Pending Decision Required:No
condominium conversion project shall be approved without notice being provided
in accordance with Section 20.16.110 of this title.
2. Building Official Action:The building official shall identify any improvements,
repairs or replacements which must be made to bring the structure into
compliance with applicable building codes.The building official may recommend
denial until existing code violations identified are corrected,or may recommend
preliminary approval,subject to violations being corrected prior to final approval.
3. Planning Official Action:The planning official shall consider the public benefits
of condominium ownership to the community and balance those benefits against
the loss of rental housing.The planning official,or designee,may grant
preliminary approval,with or without conditions,or may deny the proposal.
4. Planning Commission Consideration:The planning official may,because of
project complexity or public concern,determine that a public hearing before the
planning commission is required.The planning commission shall schedule and
hold a public hearing in accordance with standards and procedures set forth in
Chapter 20.36 of this title.Following the public hearing,the planning commission
shall grant preliminary approval,with or without conditions,or deny the
application.
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D. Final Approval Procedures:No condominium shall have final approval until the
record of survey map has been recorded with the Salt Lake County Recorder.
1. Planning Official Approval:Upon receipt of the final record of survey map the
planning official shall examine the plat to determine whether the plat conforms
with the preliminary plat and all conditions of approval.The planning official
shall approve and sign the plat.
2. Building Official Approval:The building official shall conduct a final inspection
on the structure to determine completion of any planned or required repairs and
improvements."{he building official may recommend final approval subject to
completion of required work,provided the applicant files a performance bond in
an amount equal to the estimated cost to correct conditions of approval.The
building official shall approve and sign the plat.
3. City Attorney Approval:The city attorney shall advise the mayor as to the form of
the final plat and other recordable documents.The city attorney shall certify that
any lands dedicated to the public are dedicated in fee simple and that the applicant
is the owner of record.The city attorney shall approve and sign the plat.
4. Mayor Approval:The mayor shall examine the plat to determine conformity with
the requirements of the ordinances of the city and may approve the record of
survey map.No final plat shall have any force or effect until it has been approved
and signed by the mayor and recorded with the Salt Lake County Recorder.
20.56.070:AMENDMENTS TO CONDOMINIUM PLAT
Condominium unit boundary adjustments,consolidations and all other plat amendments
shall be processed in accordance with the procedures for a condominium plat for new
construction in Section 20.56.050 of this chapter.
20.56.080:APPEAL OF CONDOMINIUM DECISIONS:
Refer to Chapter 20.48(Appeals)for information and regulations regarding filing an
appeal of a decision on condominiums.
SECTION 2. Amending text of Salt Lake City('ode Chapter 21 A.56. "that Chapter
21 A.56 of the Salt Lake City('ode(Zoning:Condominium Approval Procedure),shall be,and
hereby is,deleted in its entirety. 'Ibis ordinance relocates the regulations pertaining to
condominium approval procedures to Chapter 20.56 as provided in Section 1 above.
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SECTION 3. Amending text of Salt Lake City Code Chapter 18.28 and the Salt Lake
City Site Development Ordinance. That Chapter 18.28 of the Salt Lake City Code(Buildings
and Construction:Site Development Regulations)and the Salt Lake City Site Development
Ordinance(referenced in Chapter 18.28,but existing as a standalone document),shall he,and
hereby are.amended to merge the Salt Lake City Site Development Ordinance into Chapter
18.28,which shall read as follows:
Chapter 18.28
SITE DEVELOPMENT REGULATIONS
18.28.10: GENERAL PROVISIONS
18.28.20: DEFINITIONS
18.28.30: (RESERVED)
18.28.40: LAND DEVELOPMENT REQUIREMENTS(BUILDING SITES)
18.28.50: INDEPENDENT SITE DEVELOPMENT ACTIVITIES
18.28.60: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS
FOR DENIAL,ANI)ENFORCEMENT ACTIONS
18.28.70: ENERGY EFFICIENT DESIGN INCENTIVES(RESERVED)
18.28.10: GENERAL PROVISIONS
A. Authority. This chapter is enacted pursuant to Title 10,Utah Code Annotated,1953,
as amended. This chapter is further enacted as an element of the Salt Lake City
Master Plan.
B.Applicability. The provisions of this chapter shall apply to all site development
within Salt Lake City;however,a permit shall be required only for those types of
developments set forth in Sections 18.28.40 General Application and 18.28.50
General Application.
C. Purpose. This title is adopted: to promote public safety and the general public
welfare;to protect property against loss from erosion,earth movement,earthquake
hazard,and flooding:to maintain a superior community environment;to provide for
the continued orderly growth of the city to ensure maximum preservation of the
natural scenic character of major portions of the city by establishing minimum
standards and requirements relating to land grading,excavations,and fills;and to
establish procedures by which these standards and requirements may be enforced. It
57
is intended that this chapter be administered with the foregoing purposes in mind and
specifically to:
1. Ensure that the development of each site occurs in a manner harmonious with
adjacent lands so as to minimize problems of drainage, erosion, earth movement,
and similar hazards;
2. Ensure that public lands and places, water courses, streets, and all other lands in
the city are protected from erosion, earth movement, and drainage hazards;
3. Ensure that the planning, design, and construction of all development will be done
in a manner which provides maximum safety and human enjoyment, and, except
where specifically intended otherwise, makes it as unobtrusive in the natural
terrain as possible;
4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
protection against erosion, earth movement, and other hazards and to aid in
preservation of the natural scenic qualities of the city; and
5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
appropriate earthquake hazard mitigation measures are incorporated into the
planning and execution of site development.
D. Identification of Fault Hazards. Pending the completion by the Utah Geological
Survey (UGS) of a Fault Hazard Map for Salt Lake City, the planning director may
rely upon the existing information available from UGS or other publicly or privately
prepared geological reports to identify fault hazards.
E. Format. This chapter is designed to establish administrative and enforcement
procedures and minimum standards applicable to site development activities
according to the following categories:
1. Section 18.28.40 governs site development associated with construction of
individual buildings under authorized building permits;
2. Section 18.28.50 governs site development not requiring permits under
subparagraph E.1 above.
18.28.20: DEFINITIONS.
A. Definition of Terms. For the purposes of this chapter, certain terms used herein are
defined as set forth below:
1. As-graded means the surface conditions existent upon completion of grading.
2. Bedrock means in-place, solid, rock.
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3. Bench means a relatively level step excavated into earth material on which fill is
to be placed.
4. Borrow means earth material acquired from an off-site location for use in grading
a site.
5. Building official means the Director of the Building and Housing Services
Department of Salt Lake City.
6. Building permit means a permit issued by Salt Lake City for the construction,
erection, or alteration of a structure or building.
7. Certify or certification means that the specific reports, inspections, and tests that
are required have been performed by the person or under their supervision, and
that the results of such reports, inspections, and tests comply with the applicable
requirements of this ordinance.
8. City engineer means the City Engineer of Salt Lake City.
9. Civil engineer means a professional engineer registered in the State of Utah to
practice in the field of civil works.
10. Civil engineering means the application of the knowledge to the forces of nature,
principals of mechanics, and the properties of materials to the evaluation, design,
and construction of civil works for the beneficial uses of mankind.
11. Compaction means the densification of fill by mechanical means.
12. Cubic Yards means the volume of material in an excavation and/or fill.
13. Cul-de-sac means a street closed at one end.
14. Cut (see Excavation)
15. Driveway means a way or route for use by a vehicle traffic leading from a
parking area or from a house, garage, or other structure, to a road or street.
16. Earth material means any rock, natural soil, or any combination thereof.
17. Engineering geologist means graduate in geology or engineering geology of an
accredited university, with five or more full years of professional post graduate
experience in the application of the geological sciences, of which three full years
shall be in the field of engineering geology that has required the application of
geological data, techniques, and principles to engineering problems dealing with
ground water, naturally occurring rock and soil, and geologic hazards for the
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purpose of assuring that geological factors are recognized and adequately
interpreted and presented.
18. Erosion means the wearing away of the ground surface as a result of the
movement of wind, water, and/or ice.
19. Excavation means any act by which vegetation, earth, sand, gravel, rock, or any
other similar material is cut into, dug, quarried, uncovered, removed, displaced,
relocated, or bulldozed, and shall include the conditions resulting therefrom.
20. Existing grade means the actual elevation (in relation to mean sea level) of the
ground surface before excavation or filling.
21. Fill means any earth, sand, gravel, rock, or any other material which is deposited,
placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new
location and shall include the conditions resulting therefrom.
22. Fill material means earth material free from rock or similar irreducible material
exceeding 12 inches in diameter, metal, and organic material except that topsoil
spread on cut and fill surfaces may incorporate humus for desirable moisture
retention properties.
23. Fuel break means a strategically located strip or block of land, varying in width,
on which vegetation has been modified to provide a safer place for firefighters to
work and to help reduce the rate of fire spread.
24. Grading means excavation or fill or any combination thereof that alters the
elevation of the terrain and shall include the conditions resulting from any
excavation or fill.
25. Licensed architect means an architect who is registered with the Division of
Occupational and Professional Licensing of the State of Utah.
26. Natural drainage means water which flows by gravity in channels formed by the
surface topography of the earth prior to changes made by the efforts of man.
27. One street access means a street that provides the sole access to one or more
other streets.
28. Parcel means all contiguous land in one ownership, provided, however, each lot
conforming to the zoning ordinances of Salt Lake City in a subdivision may be
considered to be a separate parcel.
29. Percent of slope means the slope of a designated area of land determined by
dividing the horizontal run of the slope into the vertical rise of the same slope,
measured between contour lines on the referenced contour map and converting
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the resulting figure into a percentage value. This calculation is described by the
following formula:
S=v/nr where "S"is the percent of slope;
"V"is the vertical distance;and
"If'is the horizontal distance.
30.Permittee means any person to which a site development permit has been issued.
31.Person means any person,firm or corporation(either public or private),the State
of Utah and its agencies or political subdivisions,the United States of America
and its agencies and instrumentalities,and any agent,servant,office,or employee
of any of the foregoing.
32.Planning director means the planning director of Salt Lake City.
33.Quarry means an open excavation for the extraction of resources.
34.Registered professional engineer means a civil engineer who is registered with
the Division of Occupational and Professional Licensing of the State of Utah.
35.Removal means killing vegetation by spraying,complete extraction,or
excavation,or cutting vegetation to the ground,trunks,or stumps.
36.Seismic means characteristic of,or produced by,earthquakes or earth vibration.
37.Site means a lot or parcel of land,or a contiguous combination thereof,where
grading work is performed as a single unified operation.
38.Site development(also known as site preparation)means grading and
underground utility installation in preparation for an approved,pending
development or use for the subject site.
39.Slope classification map means a map prepared as a colored exhibit by a
registered professional engineer or land surveyor based upon a contour map of the
specified scale and contour interval,upon which the measured and calculated
percent of slope(measured between every contour interval on the map)is
classified or grouped into percentage of slope data in ten percent slope groupings
as follows:
Slope Classification Percent Of Slope Mapped Color
Level 0-9.9% Uncolored
Slight 10- 19.9% Yellow
Moderate 20-29.9% Orange
Severe 30%and greater Red
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40.Soils engineer means a registered civil engineer of the State of Utah,specializing in
soil mechanics and foundation engineering,familiar with the application of principles
of soil mechanics in the investigation and analysis of the engineering properties of
earth materials.
41.Surcharge means the temporary placement of fill material on a site in order to
compress or compact the natural soil mass.
42.Testing laboratory means a testing laboratory that requires supervisory personnel to
be professional engineers registered with the Division of Occupational and
Professional Licensing of the State of Utah.
43.Vacant means land on which there are no structures or only structures which are
secondary to the use or maintenance of the land itself.
18.28.30: RESERVED(previous regulations in this section were moved to Title 20
Subdivisions and Condominiums,Chapter 20.12 and subsequently revised or eliminated).
18.28.40: LAND DEVELOPMENT REQUIREMENTS(BUILDING SITES)
A. General Application. No person or party shall cause any grading to be done on a
building site without first having obtained site development approval in conjunction
with the building permit process or a permit from the building official except as
specified below.
1. Work requiring separate approval/permit. A site development approval and/or
permit shall be required in all cases where development comes under any one or
more of the following provisions.
a. Excavation,fill,or any combination thereof exceeding 1,000 cubic yards;
b. Excavation,fill,or any combination thereof exceeding five feet in vertical
depth at its deepest point measured from the adjacent,undisturbed,ground
surface;
c. Excavation,fill,or any combination thereof exceeding an area of 1/2 acre;
d. Excavation,fill,or any combination thereof exceeding 75%of a building site
including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of 1/2 acre for purposes other
than agricultural;
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f. Engineered interior fills or surcharges.
2. Work not requiring separate approval/permit. A separate site development permit
shall not be required in the following cases for issuance of a building permit shall
specify approval of the required grading plan.
a. Excavation below finished grade for basements and footings of buildings or
other structures authorized by a valid building permit. This shall not exempt
any fill made with material from such excavation, or exempt any excavation
having an unsupported height greater than five feet after the completion of
such structure.
b. Removal of vegetation as part of work authorized by a valid building permit.
3. Waiver. The following requirements and standards shall apply to all building
sites unless deemed unwarranted by the written recommendation of the building
official.
B. Permits Required. Except as exempted in the foregoing Section 18.28.40.A, no
person or party shall do or cause any grading to be done on a building site without
first obtaining site development approval, or permit from the building official. A
separate approval or permit shall be required for each site, and may cover both
excavation and fill.
1. Application. To obtain a permit or approval the applicant shall first file an
application therefor in writing on a form furnished by the building department for
that purpose. Every such application shall:
a. Identify and describe the work to be covered by the permit or approval for
which application is made;
b. Describe the land on which the proposed work is to be done by legal
description, street address, or similar description that will readily identify and
definitely locate the proposed work and identify lots of any platted
subdivision included within the proposed building site;
c. indicate the use or occupancy for which the proposed work is intended;
d. be accompanied by plans, diagrams, computations, and specifications and
other data as required;
e. Be signed by property owner or permittee, or his authorized agent, who may
be required to submit evidence to indicate such authority;
f. Show the location of existing and proposed building or structures on the
applicant's property, and the location of buildings or structures on adjacent
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properties which are within 15 feet of the applicant's property, or which may
be affected by the proposed site development activities;
g. Show the location of property lines and all existing and proposed streets,
roadways, driveways, easements, and rights-of-way on, contiguous, or
adjacent to the proposed development site;
h. Show the present contours of the site in dashed lines and the proposed
contours in solid lines. Contour intervals shall be not greater than two feet
where slopes are predominately five percent or less, and five feet where slopes
are predominately steeper than five percent. The source of all topographical
information shall be indicated;
i. Show the location of all drainage to, from, and across the site, the location of
intermittent and permanent streams, springs, culverts, and other drainage
structures, and size and location of any precipitation catchment areas in,
above, or within 100 feet of the site;
j. Show detailed plans and location of all surface and subsurface drainage
devices, walls, dams, sediment basins, storage reservoirs, and other protective
devices to be constructed with, or as a part of, the proposed work, together
with a map showing drainage areas, and the complete drainage network
including outfall lines and natural drainage ways which may be affected by
the proposed project. Include the estimated runoff of the areas served by the
proposed drainage system;
k. Present a plan showing temporary erosion control measures to prevent erosion
during the course of construction;
1. All grading in excess of 5,000 cubic yards shall require professional
engineering and shall be designated as "engineered grading". Any application
including engineered grading shall contain a grading plan prepared by a
registered professional engineer or licensed architect;
m. Show a revegetation plan including:
1) a survey of existing trees, shrubs, and groundcovers,
2) a plan for the proposed revegetation of the site detailing existing
vegetation to be preserved, new vegetation to be planned and any
modification to existing vegetation, and
3) a plan for the preservation of existing vegetation during construction
activity;
n. Make a statement of the estimated starting and completion dates for the
grading work proposed and any revegetation work that may be required;
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o. Identify the type of surcharging fill material to be used on the building site;
p. Estimate the amount of time surcharging fill material will be in place,and
show consideration by a soils engineer of the potential for vertical and lateral
soil movements on properties adjacent to the surcharge;
q. Submit a copy of the recorded subdivision plat showing developable area
limitations;
r. Such other information as may be required by the building official or city
engineer.
C. Soil Engineering Report or Engineering Geology Required.
1. Soil Engineering Report. The soil engineering report required shall include data
regarding the nature,distribution,and strength of existing soils,conclusions and
recommendations for grading procedures,design criteria for corrective measures
when necessary,and opinions and recommendations addressing the adequacy of
the site under the proposed grading plan to support the proposed development.
2. Engineering Geology Report. The engineering geology report required shall
include an adequate description of the geology of the site,conclusions and
recommendations regarding the effect of geologic conditions on the proposed
development,and opinions and recommendations addressing the adequacy of the
site under the proposed grading plan to support the proposed development. This
requirement may be waived by written recommendation of the building official if
it is deemed unwarranted.
D. Issuance. The application,plans,specifications,and other data submitted by an
applicant for permit shall be reviewed by the building official. Such plans may be
reviewed by other departments or agencies to verify compliance with any applicable
laws under their jurisdiction. If the building official finds that the work described in
an application for a permit and the plans,specifications,and other data filed therewith
conform to the requirements of this title and other pertinent laws and ordinances,and
that the fees specified have been paid,he shall issue a permit therefor to the property
owner or his authorized agent. When the building official issues the permit where
plans are required,he shall endorse in writing or stamp the plans and specifications
"APPROVED". Such approved plans and specifications shall not be changed,
modified,or altered without authorization from the building official,and all work
shall be done in accordance with the approved plans. "Me building official may
require that the site development activities and project designs or specifications be
modified if delays occur which may create weather-generated problems not
considered at the time the permit was issued. No site alteration shall occur during the
months of November through March and no applications proposing such work during
that time shall be approved.
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E. Fees.
City fees associated with reviewing and processing site development(aka
"preparation")permits shall be those listed on the Salt Lake City Consolidated Fee
Schedule.
F. Grading and Erosion Control Standards and Regulations. All site development
work shall be accomplished in conformance to the following grading and erosion
control design standards and regulations.
1. Hours of Operation. All grading operations in or contiguous to residential
neighborhoods shall be carried on between the hours of 7:00 a.m.and 5:30 p.m.
The building official may waive this requirement if it is shown that by restricting
the hours of operation it would unduly interfere with the development of the
property and it is shown that the neighboring properties would not be adversely
affected.
2. Dust and Dirt Control. All graded surfaces of any nature shall be dampened or
suitably contained to prevent dust or spillage on city streets or adjacent properties.
Equipment,materials,and roadways on the site shall be used or treated so as to
cause the least possible annoyance due to dirt,mud,or dust conditions.
3. Undevelopable Slopes. Any natural slopes identified on a slope classification
map of 30%or greater shall be designated undevelopable area. In no event shall
streets traverse such slopes.
4. Finished Cuts and Slopes. Limitations shall be applied to the extent of cut and fill
slopes to minimize the amount of excavated surface or ground area exposed to
potential erosion and settlement.
a. The exposed or finished cuts or slopes of any fill or excavation shall be
smoothly graded.
b. All cut and fill slopes shall be recontoured and revegetated by the permittee in
accordance with an approved plan.
c. Cut or fill slopes shall normally be limited to 15 feet in vertical height.
IIowever,upon review and favorable recommendation of the city engineer
and public utilities director the building official may approve cut and fill
slopes exceeding 15 feet provided that such variations be allowed on a limited
basis after thorough review of each request and only when balanced by
offsetting improvements to the overall aesthetic,environmental,and
engineering quality of the development.
d. No excavation creating a cut face and no fill creating and exposed surface
shall have a slope ratio exceeding one and one half horizontal to one vertical.
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e. Exceptions.
i. No slopes shall cut steeper than the bedding plane,fracture,fault,or joint
in any formation where the cut slope will lie on the dip of the strike line of
the bedding plane,fracture,fault,or joint.
ii. No slopes shall be cut in an existing landslide,mud flow,or other form of
naturally unstable slope except as recommended by a qualified geological
engineer.
iii. Where the formation is exposed above the top of the cut which will permit
the entry of water along bedding planes,this area shall be sealed with a
compacted soil blanket having a minimum thickness of two feet. The soil
for this blanket shall be relatively impervious and shall be approved by the
soils engineer or engineering geologist.
f. If the material of a slope is of such composition and character as to be
unstable under the anticipated maximum moisture content,the slope angle
shall be reduced to a stable value or retained by a method approved by the city
engineer and certified as to its stability by a soils engineer or geologist. Said
retaining method shall include design provisions which are:
i. conducive to revegetation for soil stability and visual impact;
ii. used for selected areas of the site and not as a general application;and
iii. limited to tiers each of which is no higher than six feet,separated by
plantable terraces a minimum of two feet in width;
g. Any retaining system shall remain and be maintained on the lots until plans
for construction are approved and a building permit is issued. The plans shall
include provisions to integrate driveway access to the lot while maintaining
the structural integrity of the retaining system.
h. The city engineer may require the slope of a cut or fill to be made more level
if at any time it is found that the material being,or the fill,is unusually subject
to erosion,static or dynamic instability,or if other conditions make such
requirements necessary for stability.
i. Driveways leaving public rights-of-way shall not exceed a maximum change
in grade angle of 6% transition over an 11 foot run. The slope should be
transitioned beyond property line no more than an average 16% grade.
Parking structures may allow a maximum change in grade angle of 10%with
a minimum ten foot run. Maximum sight distance should be encouraged with
blind entrances or other sight obstructions complying with the transportation
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division's standard E2.c1 "Clear Site Zone Area" or its successor.
5. Abatement of hazardous Conditions.
a. lf, at any stage of grading, the building official or city engineer determines by
inspection that the nature of the formation is such that further work as
authorized by an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the building official or city engineer shall
require, as condition to allowing the work to proceed, that reasonable safety
precautions be taken as are considered advisable to avoid likelihood of such
peril. Such precautions may include, but shall not be limited to, any of the
following:
i. specification of a more level exposed slope;
ii. construction of additional drainage facilities, berms, or terraces;
iii. compaction or cribbing;
iv. installation of plants for erosion control; and/or
v. reports from a registered soils engineer and/or engineering geologist
whose recommendations may be made requirements for further work.
Such requirements by the planning director or city engineer shall constitute a
required change order in the work to be performed under permit. Said
changes may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from work
performed hereunder, such work may be stopped and the permittee required to
take such measures as may be necessary to protect adjoining property or the
public safety. On large operations, or where unusual site conditions exist, the
building official or city engineer may specify the time at which grading may
proceed and the time of completion or may require that the operation be
conducted in specific stages so as to insure completion of protective measures
or devices prior to the advent of seasonal rains.
6. Fill Material and Compaction.
a. Fill Material. All fill shall be earth, rock, or inert material free from organic
material and free of metal, except that topsoil spread on cut and fill surfaces
may incorporate humus for desirable moisture retention properties. Fill not
meeting the definition above shall be placed only in an approved public or
private landfills or other approved deposit site.
b. Back Fillings. Any pipe trench or trenching, or excavation made in any slope
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of any excavated or filled site,shall be backfilled and compacted to the level
of the surrounding grade.
c. Compaction of Fills. Unless otherwise directed by the building official,all
fills governed by this title,intended to support building,structures,or where
otherwise required to be compacted for stability,shall be compacted,
inspected,and tested in accordance with the following provisions.
i. The natural ground surface shall be prepared by removal of topsoil and
vegetation,and,if necessary,shall be graded to a series of terraces. If fill
material unacceptable under 6.a.above is placed on the site,or the fill is
not placed according to procedures of this title,then it must be removed.
ii. The fill shall be spread and compacted in accordance with the city
engineer's approved standards.
iii. The moisture content of the fill material shall be controlled at the time of
spreading and compaction to obtain required maximum density.
iv. A written report of the completed compaction,showing location and depth
of test holes,materials used,moisture conditions,recommended soil
bearing pressures,and relative density obtained from all tests,prepared by
a civil engineer or soils engineer licensed by the State of Utah,or testing
laboratory shall be submitted to the building official,who shall rely on the
expertise of the city engineer for review.
v. The building official or city engineer may require additional tests or
information if,in his opinion,the conditions or materials are such that
additional information is necessary,and may modify or delete any of the
above listed requirements that,in his opinion,are unnecessary to further
the purpose of this title.
7. Surcharging. Surcharges shall consist of earth material and shall be applied in
such a manner as to have no effect on soil stability on adjacent or neighboring
properties.
G. Erosion Control and Revegetation. All cut and fill surfaces created by grading
shall be planted with a groundcover that is a drought resistant variety. Topsoils are to
he stockpiled during rough grading and used on cut and fill slopes. Cuts and fills
along public roads are required to be landscaped according to a revegetation plan
approved by the city. All plant selections must be approved by the parks department
and building official prior to approval.
H. Drainage.
1. Adequate provisions shall be made to prevent any surface waters from damaging
69
to cut face of an excavation or any portion of a fill. All drainage ways and
structures shall carry surface waters,without producing erosion,to the nearest
practical street,storm drain,or natural water course as approved by the city
engineer. The city engineer may also require drainage structures to be
constructed,or installed as necessary to prevent erosion damage or to prevent
saturation of the fill or material behind cut slopes.
2. An excess storm water passage shall be provided for all storm water storage areas.
Such passage shall have capacity to convey through the proposed development
the excess storm water from the tributary watershed. The capacity of such excess
storm water passages shall be constructed in such a manner as to transport the
peak rate of run off from a 100 year return frequency storm assuming all storm
sewers are inoperative,all upstream areas are fully developed in accordance with
the city's current land use plan,and that antecedent rainfall has saturated the
tributary watershed.
3. No buildings or structures shall be constructed within such passage,however,
streets,parking lots,playgrounds,park areas,pedestrian walkways,utility
easements,and other open space uses shall be considered compatible uses. In the
event such passageway is reshaped or its capacity to transport excess storm water
is otherwise restricted during or after construction,the building official or city
engineer shall notify the agency,party,or parties causing said restriction to
remove the same and seta reasonable time for its removal. If said parties refuse
to,or unable to,comply with said order,the building official or city engineer shall
cause said restrictions to be removed at the expense of said parties. Where a
proposed development contains existing natural drainage,appropriate planning
measures shall be undertaken or required to preserve and maintain said natural
drainage as part of the excess storm water passage.
4. Notwithstanding any other provisions of this title,whenever,in the judgment of
the building official or city engineer,a condition occurs in a storm water storage
area or passageway that creates a dangerous and imminent health and safety
hazard,the building official or city engineer shall order such action as shall be
effective immediately or in the time manner prescribed in the order itself.
I. Setbacks. The setback and other restrictions specified in this section are minimum
and may be increased by the building official or by the recommendation of a civil
engineer,soils engineer,or engineering geologist,if necessary for safety and stability,
to prevent damage of adjacent properties from deposition or erosion,or to provide
access for slope maintenance and drainage. Setbacks deal with distance from
property lines,structures,or faults,and must satisfy the requirements of paragraphs 1-
3 below. Retaining walls may be used to reduce the required setbacks when approved
by the building official.
1. Setbacks from Property Lines. The toes and tops of cut and fill slopes where no
structures are located shall be set back from the outer boundaries of a"Permit
70
Area (PA=lot area excluding any undevelopable areas)including yard setbacks.
slope-right areas,and easements,in accordance with the Table and Figure#2
below.
Setback distance at toe.
Setback at top.
"H" = Height from toe to top of cut/fill slope.
Setbacks From Permit Area Boundary
II a b*
less than 5' 0 1
5'to 30' 11/2 _ H/5
over 30' 15 6
*Additional width may be required for interceptor drain.
Natural or Finish Grade
Top of Slope �/ b 1¢
Natural or Finish Grade
Toe of Slop
H
*Permit Area Boundary
Figure#2 a
2. Setback from Structures. Setback from cut or fill slopes and structures shall be
provided in accordance with Figure#3 below.
Face of Footing`
Face of Structur Top of Slope b / f r.
�, r -`J
Toe of Slope /
P� a -11/2 but need not exceed IS' H
.'.;4� b H/2 but need not exceed 10'
/
Figure#3
a
3. Setbacks from Faults. No Structure shall be located over a fault. Determinations
of the appropriate setback distance from the fault shall be made based on
71
recommendations contained in the geological report required by Section
18.28.40.0 of this chapter.
J. Site Development Inspections.
1. Special Inspections. All site development activities for which a permit or
approval is required shall be subject to inspection by the building official. Special
inspections of grading operations and special testing shall be performed to ensure
conformity with approved plans and specifications. The following special
inspections and testing are required.
a. Fills.
i. The site is to be inspected prior to placement of fill material.
ii. The fill material is to be inspected prior to placement on the site.
iii. Final compaction of fill is to be tested.
iv. The final grade is to be inspected.
v. Revegetation will be inspected during planting, upon planting completion,
and again prior to bond release where applicable.
b. Cuts.
i. The site is to be inspected prior to cutting or removing material.
ii. The grade is to be inspected after cutting.
iii. Revegetation will be inspected during planting, upon planting completion,
and again prior to bond release where applicable.
2. Inspection Schedule and Enforcement. At the time the site development permit or
approval is issued, the building official shall establish the stage of development at
which required inspections shall be made. In order to obtain inspections, the
permittee shall notify the city of readiness at least 24 hours before said inspection
is to be made. Where it is found by inspection that conditions are not
substantially as stated or shown on the approved plans, the building official or his
inspectors shall stop further work until approval is obtained for amended plans.
K. Completion of Work.
1. Final Reports. Upon completion of the rough grading work and again at the final
completion of the work, reports, drawings, and supplements thereto will be
required as follows.
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a. An "as-graded" grading plan, prepared by a civil engineer, including original
ground surface elevations, lot drainage patterns, and locations and elevations
of all surface and subsurface drainage facilities. The engineer shall verify that
the work was done in accordance with the final approved site development
plan.
b. A soil grading report, prepared by a soils engineer, including location and
elevations of field density tests, summaries of field and laboratory tests and
other substantiating data, and comments on any changes made during grading
and their effect on the recommendations made in the soil engineering
investigation report. The soils engineer shall verify the adequacy of the site
for the intended use.
c. A geologic grading report, prepared by an engineering geologist, including a
final description of the geology of the site including any new information
disclosed during the grading and the effect of the same on recommendations
incorporated in the approved site development plan. The engineering
geologist shall verify the adequacy of the site for the intended use as affected
by geologic factors. This requirement may be modified or waived in writing
by the building official if circumstances warrant.
2. Notification of Completion. The permittee, or his authorized agent, shall notify
the building official when the grading operation is ready for final inspection.
Final approval shall not be given until all work, including installation of all
drainage facilities and their protective devices and all erosion control measures
including revegetation, have been completed in accordance with the final
approved site development plan and the required reports have been submitted.
18.28.50 INDEPENDENT SITE DEVELOPMENT ACTIVITIES
A. General Application. No person shall commence, perform, or cause any grading to
be done in excess of the limits specified below without first obtaining a site
development permit. A separate independent site development permit not otherwise
required under Section 10.28.40 of this chapter shall be required for each site on
which grading is to be done as specified in subsection 1 of this section.
1. General. A site development permit shall be required in all cases where
development comes under any one or more of the following provisions:
a. Excavation, fill, or any combination thereof exceeding 1,000 cubic yards;
b. Excavation, fill, or any combination thereof exceeding five feet in vertical
depth at its deepest point measured from the adjacent, undisturbed, ground
surface;
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c. Excavation,fill,or any combination thereof exceeding an area of 1/2 acre;
d. Excavation,fill,or any combination thereof exceeding 75%of a building site
including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of 1/2 acre for purposes other
than agricultural;
f. Engineered interior fills or surcharges;
g. Fuel break for fire protection purposes;
h. Commercial quarries or mining activities operating in appropriate industrial
zone as provided in the Salt Lake City zoning ordinance;
2. Waiver. All of the following requirements and standards shall apply unless
deemed unwarranted by the building official and waived in writing.
B. Permit Application. Each application for an independent site development permit
shall be made by the owner of the property,or the owner's authorized agent,to the
building official on a form furnished for that purpose. The application shall include:
1. Three copies of plot plans of the property,drawn to scale,which:
a. Identify and describe the work to be covered by the permit for which
application is made;
b. Describe the land on which the proposed work is to be done by legal
description,street address,or similar description that will readily identify and
definitely locate the proposed work and identify lots of any platted
subdivision included within the proposed building site;
c. Indicate the use or occupancy for which the proposed work is intended;
d. Be accompanied by plans,diagrams,computations,and specifications and
other data as required;
e. Be signed by property owner or permittee,or his authorized agent,who may
be required to submit evidence to indicate such authority;
f. Location of existing and proposed building or structures on the applicant's
property,and the location of buildings or structures on adjacent properties
which are within 15 feet of the applicant's property,or which may be affected
by the proposed site development activities;
74
g. Location of property lines and all existing and proposed streets,roadways,
driveways,easements,and rights-of-way on,contiguous,or adjacent to the
proposed development site;
h. The present contours of the site in dashed lines and the proposed contours in
solid lines. Contour intervals shall be not greater than two feet where slopes
are predominately five percent or less,and five feet where slopes are
predominately steeper than five percent. The source of all topographical
information shall be indicated;
i. The location of all drainage to,from,and across the site,the location of
intermittent and permanent streams,springs,culverts,and other drainage
structures,and size and location of any precipitation catchment areas in,
above,or within 100 feet of the site;
j. Detailed plans and location of all surface and subsurface drainage devices,
walls,dams,sediment basins,storage reservoirs,and other protective devices
to be constructed with,or as a part of,the proposed work,together with a map
showing drainage areas,and the complete drainage network including outfall
lines and natural drainage ways which may be affected by the proposed
project. Include the estimated runoff of the areas served by the proposed
drainage system;
k. Plan showing temporary erosion control measures to prevent erosion during
the course of construction;
1. All grading in excess of 5,000 cubic yards shall require professional
engineering and shall be designated as"engineered grading". Any application
including engineered grading shall contain a grading plan prepared by a
registered professional engineer or licensed architect;
m. A revegetation plan including:
I) a survey of existing trees,shrubs,and groundcovers,
2) a plan for the proposed revegetation of the site detailing existing
vegetation to be preserved,new vegetation to be planned and any
modification to existing vegetation,and
3) a plan for the preservation of existing vegetation during construction
activity;
n. Statement of the estimated starting and completion dates for the grading work
proposed and any revegetation work that may be required;
o. Identify the type of surcharging fill material to be used on the building site;
p. Estimate the amount of time surcharging fill material will be in place,and
show consideration by a soils engineer of the potential for vertical and lateral
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soil movements on properties adjacent to the surcharge;
q. A description of the method to be employed in disposing of soil and other
material that is removed from the site,including the location of the disposal
site;
r. A description of the method to he used in obtaining fill to be used on the site
and the site of acquisition of such fill;
s. If the proposed development lies within 500 feet of an identified fault,a
geological report and verification as per Section 18.28.40.C.2 will be required.
Said report may be submitted for review to the Utah Geological Survey by the
building official;
t. If applicable,submit a copy of the recorded subdivision plat showing
developable area limitations;
u. Application for commercial quarries shall contain an acceptable plan for the
eventual rehabilitation and use of the quarry site after the resources have been
removed. Such a plan,at a scale of not less than 1"=100'with contour
intervals not greater than 5 feet,shall be compatible with its surroundings and
in general agreement with the city's master plan. The plan shall show the
proposed treatment of any stream channel adjacent to the resource deposits
during extraction operations. Limits of excavation shall be determined to
protect any natural or improved channel and any nearby wooded areas
considered vital to the function of the rehabilitated area. Include the estimated
time period during which quarrying and land rehabilitation operations will be
conducted.
2. Additional Information Which May be Required. The following information shall
be provided in triplicate if requested by the building official or city engineer.
a. Slope classification map and analysis;
b. Profiles or cross sections;
c. Additional drainage calculations;
d. Soils data including a report from a registered soils engineer,engineering
geologist,or other qualified person;
e. Statement of the estimated starting and completion dates for the grading work
proposed and any revegetation work that may be required.
f. Detailed revegetation plans for the site and,if appropriate,information
relating to the landscaping on adjacent or surrounding areas affected by the
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proposed development. Such revegetation plans shall be prepared by a
licensed engineer, architect, landscape architect, or other qualified person.
These plans shall show:
i. Distribution of plants, existing trees, and work involved as related to slope
control and/or physical environment;
ii. A plan describing the methods of planting the areas to be landscaped with
special emphasis on soil preparation, plant selection, methods of planting,
and initial maintenance of plants and slopes until a specified percentage of
plant coverage is uniformly established on cut and fill slopes;
iii. Such other and further details as may be specified by the building official
or city engineer to carry out the purpose of this title. All such plans shall
bear the name of the person responsible for the preparation of the plan;
iv. The revegetation plan will be submitted by the building official to the Salt
Lake City Parks Department's landscape architect for review.
g. Such other information as shall be required by the building official or city
engineer.
3. Fee. Each site development application made independent and separate from a
building permit application shall be accompanied by payment of an application
fee pursuant to the Salt Lake City Consolidated Fee Schedule.
C. Granting Permit. To further the specific purposes of this title as set forth in Section
18.28.10.C, the following procedures are established.
1. Referrals. The application shall be referred by the building official to the city
engineer and planning director for review. Further, applications may also be
referred to the Utah Geological Survey and other appropriate advisors for
comments and recommendations as deemed necessary or appropriate.
2. Conformity to Plans. The building official shall be responsible to arrange for
required inspections by appropriate inspectors who shall either approve that
portion of the work completed or shall notify the permittee wherein the same fails
to comply with this title. Where it is found by inspection that conditions are not
substantially as stated or shown in the site development permit applications, the
inspector shall stop further work until the work conforms to the approved plan or
approval is obtained for revised plans.
3. Abatement of Hazardous Conditions. If, at any stage of site development, the
building official determines by inspection that the work is creating hazardous
conditions, he may suspend the work until provisions for abatement and/or
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correction are completed as set forth in Section 18.28.50.1E
D. Inspections.
1. Inspection Schedule. At the time a site development permit is issued, the building
official shall establish the stages of development at which inspections required by
section18.28.40.I shall be made. In order to obtain inspections, the permittee
shall notify the city of readiness at least 24 hours before said inspection is to be
made.
2. Conformity to Plans. The building official shall be responsible to arrange for
required inspections by appropriate inspectors who shall either approve that
portion of the work completed or shall notify the Permittee wherein the same fails
to comply with this title. Where it is found by inspection that conditions are not
substantially as stated or shown in the site development permit applications, the
inspector shall stop further work until the work conforms to the approved plan or
approval is obtained for revised plans.
3. Abatement of Hazardous Conditions. If, at any stage of site development, the
building official determines by inspection that the work is creating hazardous
conditions, he may suspend the work until provisions for abatement and/or
correction are completed as set forth in section 18.28.50.E.
E. Grading and Erosion Control Design Standards and Regulations. All site
development work shall be accomplished in conformance to the following provisions.
1. Hours of Operation. All grading operations in or contiguous to residential
neighborhoods shall be carried on between the hours of 7:00 a.m. and 5:30 p.m.
The city engineer may waive this requirement if it is shown that by restricting the
hours of operation it would unduly interfere with the development of the property
and it is shown that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control. All graded surfaces of any nature shall be dampened or
suitably contained to prevent dust or spillage on city streets or adjacent properties.
Equipment, materials, and roadways on the site shall be used or treated so as to
cause the least possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes. Any natural slopes identified on a slope classification
map of 30% or greater shall be designated undevelopable area. Said slope, if
retained within the subdivision, may be designated and maintained as common
area. In no event shall streets traverse such slopes.
4. Finished Cuts and Slopes. Limitations shall be applied to the extent of cut and fill
slopes to minimize the amount of excavated surface or ground area exposed to
potential erosion and settlement.
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a. The exposed or finished cuts or slopes of any fill or excavation shall be
smoothly graded.
b. All cut and fill slopes shall be recontoured and revegetated by the subdivider
in accordance with an approved plan.
c. Cut or fill slopes shall normally be limited to 15 feet in vertical height.
However, upon review and favorable recommendation of the city engineer
and public utilities director the building official may approve cut and fill
slopes exceeding 15 feet provided that such variations be allowed on a limited
basis after thorough review of each request and only when balanced by
offsetting improvements to the overall aesthetic, environmental, and
engineering quality of the development.
d. No excavation creating a cut face and no fill creating and exposed surface
shall have a slope ratio exceeding one and one half horizontal to one vertical.
e. Exceptions.
i. No slopes shall cut steeper than the bedding plane, fracture, fault, or joint
in any formation where the cut slope will lie on the dip of the strike line of
the bedding plane, fracture, fault, or joint.
ii. No slopes shall be cut in an existing landslide, mud flow, or other form of
naturally unstable slope except as recommended by a qualified geological
engineer.
iii. Where the formation is exposed above the top of the cut which will permit
the entry of water along bedding planes, this area shall be sealed with a
compacted soil blanket having a minimum thickness of two feet. The soil
for this blanket shall be relatively impervious and shall be approved by the
soils engineer or engineering geologist.
f. If the material of a slope is of such composition and character as to be
unstable under the anticipated maximum moisture content, the slope angle
shall be reduced to a stable value or retained by a method approved by the city
engineer and certified as to its stability by a soils engineer or geologist. Said
retaining method shall include design provisions which are:
i. conducive to revegetation for soil stability and visual impact;
ii. used for selected areas of the site and not as a general application; and
iii. limited to tiers each of which is no higher than six feet, separated by
plantable terraces a minimum of two feet in width;
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g. Any retaining system shall remain and be maintained on the lots until plans
for construction are approved and a building permit is issued. The plans shall
include provisions to integrate driveway access to the lot while maintaining
the structural integrity of the retaining system.
h. The building official may require the slope of a cut or fill to be made more
level if at any time it is found that the material being, or the fill, is unusually
subject to erosion, static or dynamic instability, or if other conditions make
such requirements necessary for stability.
5. Abatement of Hazardous Conditions.
a. If, at any stage of grading, the planning director or city engineer determines
by inspection that the nature of the formation is such that further work as
authorized by an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the planning director or city engineer shall
require, as condition to allowing the work to proceed, that reasonable safety
precautions be taken as are considered advisable to avoid likelihood of such
peril. Such precautions may include, but shall not be limited to, any of the
following:
i. specification of a more level exposed slope;
ii. construction of additional drainage facilities, berms, or terraces;
iii. compaction or cribbing;
iv. installation of plants for erosion control; and/or
v. reports from a registered soils engineer and/or engineering geologist
whose recommendations may be made requirements for further work.
Such requirements by the planning director or city engineer shall constitute a
required change order in the work to be performed under permit. Said
changes may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from work
performed hereunder, such work may be stopped and the permittee required to
take such measures as may be necessary to protect adjoining property or the
public safety. On large operations, or where unusual site conditions exist, the
planning director or city engineer may specify the time at which grading may
proceed and the time of completion or may require that the operation be
conducted in specific stages so as to insure completion of protective measures
or devices prior to the advent of seasonal rains.
6. Fill Material and Compaction.
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a. Fill material. All fill shall be earth,rock,or inert material free from organic
material and free of metal,except that topsoil spread on cut and fill surfaces
may incorporate humus for desirable moisture retention properties. Fill not
meeting the definition above shall be placed only on approved public or
private landfills or other approved deposit sites.
b. Back fillings. Any pipe trench or trenching,or excavation made in any slope
of any excavated or filled site,shall be backfilled and compacted to the level
of the surrounding grade.
c. Compaction of fills. Unless otherwise directed by the building official or city
engineer,all fills governed by this title,intended to support building
structures,or where otherwise required to be compacted for stability,shall be
compacted,inspected,and tested in accordance with the following provisions.
i. The natural ground surface shall be prepared by removal of topsoil and
vegetation,and if necessary shall be graded to a series of terraces. If fill
material unacceptable under 6.a.above is placed on the site,or the fill is
not placed according to procedures of this title,then it must be removed.
i. The fill shall be spread and compacted in accordance with the city
engineer's approved standards.
iii. The moisture content of the fill material shall be controlled at the time of
spreading and compaction to obtain required maximum density.
iv. A written report of the completed compaction,showing location and depth
of test holes,materials used,moisture conditions,recommended soil
bearing pressures,and relative density obtained from all tests,prepared by
a civil engineer or soils engineer licensed by the State of Utah,or testing
laboratory shall be submitted to the building official,who will submit it to
the city engineer for review.
v. The building official or city engineer may require additional tests or
information if,in his opinion,the conditions or materials are such that
additional information is necessary,and may modify or delete any of the
above listed requirements that,in his opinion,are unnecessary to further
the purpose of this title.
7. Erosion Control and Revegetation. All cut and fill surfaces created by grading
shall be planted with a groundcover that is a drought resistant variety. Topsoils
are to be stockpiled during rough grading and used on cut and fill slopes. Cuts
and fills along public roads are required to be landscaped according to a
revegetation plan approved by the city. All plant selections must be approved by
the parks department and building official prior to subdivision approval.
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8. Drainage.
a. Adequate provisions shall be made to prevent any surface waters from
damaging to cut face of an excavation or any portion of a fill. All drainage
ways and structures shall carry surface waters,without producing erosion,to
the nearest practical street,storm drain,or natural water course as approved by
the city engineer. The city engineer may also require drainage structures to be
constructed,or installed as necessary to prevent erosion damage or to prevent
saturation of the fill or material behind cut slopes.
b. An excess storm water passage shall be provided for all storm water storage
areas. Such passage shall have capacity to convey through the proposed
development the excess storm water from the tributary watershed. The
capacity of such excess storm water passages shall be constructed in such a
manner as to transport the peak rate of run off from a 100 year return
frequency storm assuming all storm sewers are inoperative,all upstream areas
are fully developed in accordance with the city's current land use plan,and
that antecedent rainfall has saturated the tributary watershed.
c. No buildings or structures shall be constructed within such passage,however,
streets,parking lots,playgrounds,park areas,pedestrian walkways,utility
easements,and other open space uses shall be considered compatible uses. In
the event such passageway is reshaped or its capacity to transport excess
storm water is otherwise restricted during or after construction,the city
engineer shall notify the agency,party,or parties causing said restriction to
remove the same and set a reasonable time for its removal. If said parties
refuse to,or unable to,comply with said order,the city engineer shall cause
said restrictions to be removed at the expense of said parties. Where a
proposed development contains existing natural drainage,appropriate
planning measures shall be undertaken or required to preserve and maintain
said natural drainage as part of the excess storm water passage.
d. Notwithstanding any other provisions of this title,whenever,in the judgment
of the city engineer,a condition occurs in a storm water storage area or
passageway that creates a dangerous and imminent health and safety hazard,
the city engineer shall order such action as shall be effective immediately or in
the time manner prescribed in the order itself.
9. Surcharging. Surcharges shall consist of earth material and shall be applied in
such a manner as to have no effect on soil stability on adjacent or neighboring
properties.
10.No Structure Shall be Located Over a Fault. Determinations of the appropriate
setback distance from the fault shall be made based on recommendations
contained in the geological report as per Section 18.28.40.C.2 of this chapter.
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18.28.60: INTERPRETATION,PERMIT PROCEDURE,APPEALS,GROUNDS
FOR DENIAL,AND ENFORCEMENT ACTIONS
A. Interpretation-Conflicts.
1. Minimum Requirements. In their interpretation and application,provisions of this
chapter shall be held to be minimum requirements,except where expressly stated
to be maximum requirements. No intent is made to impair,or interfere with,any
private restrictions placed upon any property by covenant or deed;provided,
however,that where this chapter imposes higher standards or greater restrictions
the provisions of this chapter shall govern.
2. Application of most Restrictive Standard. Whenever any provision of this chapter
or any other provision of law,whether set forth in this chapter or in any other law,
ordinance,or resolution of any kind,imposes overlapping or contradictory
regulations over the development of land,the most restrictive standards or
requirements shall govern.
B. Retention of Plans. Plans,specifications,and reports for all site development
submitted to Salt Lake City for approval shall be retained by Salt Lake City.
C. Expiration,Renewals,and Extensions of Permit. Every site development permit
or approval shall expire by limitation and become null and void if the work
authorized by such permit or approvals has not been commenced within 180 days,or
if the work is suspended or abandoned for a period of 180 days at any time after the
work is commenced. Before such work can recommence,the permit shall first be
renewed by the building official and the renewal fee shall be one-half(1/2)the amount
required for a new permit for such work,provided no changes have been made or will
be made in the original plans or scope of such work,otherwise a full fee may be
required as determined by the building official. Any modifications to the original
approved work that is related to a development for which the Salt Lake City Planning
Commission granted approval,may require subsequent review and decision by the
planning commission as determined by the planning director.
D. Appeals.
1. Any applicant aggrieved by a determination of any administrative official in
relation to this ordinance may appeal such determination to the appeals hearing
officer pursuant to Section 21A.16.030 of the zoning ordinance.
2. Effect of Administrative Appeal. In the event of an appeal pursuant to the
provisions above,the effect of such filing shall act to stay any and all further
action and work pending the determination of the matter on appeal.
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E. General Grounds for Denial. Factors, in addition to deviation from provisions of
this chapter, which may be grounds for denial of a site development permit or
approval shall include, but not be limited to:
1. Possible or potential saturation of fill and/or unsupported cuts by water (both
natural and/or domestic);
2. Run-off surface waters that produce unreasonable erosion and/or silting of
drainage ways;
3. Subsurface conditions (such as rock strata and faults, soil or rock materials, types
of formations, etc.) which when disturbed by the proposed site development
activity, may create earth movement and/or produce slopes that cannot be
landscaped;
4. Result in excessive and unnecessary scarring of the natural landscape through
grading or removal of vegetation.
F. Prohibited Activities.
1. Removal of Topsoil. It shall be unlawful to remove topsoil for purposes of resale
when unrelated to a bona fide purpose of site development contemplated under
this chapter. The provisions of this chapter shall not be construed as permitting
the removal of topsoil solely for resale.
2. Nuisance. It shall be unlawful to create or maintain a condition which creates a
public or private nuisance. After notice by the city, owners shall be strictly
responsible to take any necessary action to correct or abate such nuisance.
Further, this chapter shall not be construed to authorize any person or owner to
create or maintain a private or public nuisance upon real property and compliance
with the provisions of this chapter shall not be a defense in any action to abate
such nuisance.
G. Permit or Approval Revocation. In the event the building official or city engineer
requests that a site development permit or approval be permanently suspended or
revoked, they shall formally request a revocation hearing before the planning
commission in compliance with the following procedures.
1. Request. The request shall specify the grounds for complaint or details of
deviation with terms and conditions of the approval that justify the proposed
permit or approval revocation or suspension.
2. Public Hearing. The planning commission shall hold a formal hearing to consider
requests and recommendations for permanent revocation or suspension of permits
at the next regularly scheduled meeting of the planning commission, at which
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service of the required notice can be satisfied.
3. Notice. The planning commission shall cause notice of the time and place of the
scheduled hearing to be prepared. Such notice shall be delivered by certified mail
or personal service upon the permittee at least five days prior to the date set for
the hearing. At any such hearing, the permittee shall be given an opportunity to
be heard and may call witnesses and present evidence. Upon conclusion of such
hearing, the planning commission shall determine whether or not the permit shall
be suspended or revoked, and any necessary or appropriate conditions which must
be satisfied prior to the renewal or extension of said permit, including any
necessary corrective measures to be completed as provided in subsection "2"
below.
4. Planning Commission Determination. Upon the conclusion of the required
hearing and its deliberations thereon, should the planning commission find that
the permittee, or authorized agent(s), have violated the terms of the permit or
provisions of this chapter, have conducted or desire to carry out such site
development activity in such a manner which unreasonably adversely affects the
health, welfare, or safety of persons residing or working in the vicinity of the site,
or have caused the same to be done, the planning commission may, as it deems
appropriate:
a. Require necessary corrective measures to be undertaken and completed at
permittee's expense;
b. Require reimbursement to the city for unusual costs incurred by the
necessitation of enforcement action including costs of inspections, mailings,
expert technical assistance, etc.;
c. Continue suspension of all work contemplated or associated with the permit
permanently until corrective requirements and/or original conditions are
satisfied;
d. If circumstances of work conducted have resulted in factors which would have
been grounds for denial of the permit, the planning commission may order
such necessary actions as required to restore the site, insofar as possible, to the
preexisting conditions, and revoke the site development permit. If so evoked,
and where appropriate, the planning commission may preclude acceptance of
any site development application for the same site for a period not to exceed
12 months.
5. Appeal. The decision of the planning commission on a request for permanent
suspension or revocation of a site development permit or approval under this
chapter may be appealed by the permittee, building official, or city engineer to the
appeals hearing officer pursuant to Section 21A.16.030 of the zoning ordinance.
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H. Property Owner Responsibility. Property owners are responsible to maintain their
property in a safe, non-hazardous, condition and to otherwise comply with the
provisions of this chapter and other applicable ordinances. Failure of city officials to
observe or to recognize hazardous or unsightly conditions, or to recommend denial of
the site development permit, shall not relieve the permittee, or property owner, from
responsibility for the condition or damages resulting therefrom. Nor shall such action
result in the city, it officers, or agents, becoming responsible or liable for conditions
and damages resulting therefrom.
I. Violation and Penalties.
1. Violation of Chapter. It shall be unlawful for any person to construct, enlarge,
alter, repair, or maintain any grading, excavation or fill or cause the same to be
done, contrary to or in violation of any provision of this chapter.
2. Obstruction Prohibited. It shall be unlawful for any person to willfully or
carelessly obstruct or injure any public right-of-way by causing or permitting
earth or rock to slump, slough, or erode off private property onto the public right-
of-way.
3. Flooding. It shall be unlawful for any person to willfully or carelessly obstruct or
injure any public right-of-way by causing or permitting flow or seepage of water,
or by willfully or carelessly causing or permitting water under his/her control,
possession, or supervision to escape in any manner so as to injure any street or
public improvement.
4. Misdemeanor Penalty. Any person violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor and each such person shall be deemed
guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this chapter is committed,
continued, permitted, or maintained. Upon conviction of any such violation, such
person may be imprisoned for a period not exceeding six months or be fined in
the amount not exceeding $299.00 if the person is an individual, or the greater
amount of$2,000.00 in the event the person is a corporation, association, or
partnership, or both so imprisoned or fined.
J. Severability.
1. Severability. If any section, subsection, sentence, clause, or phrase of this chapter
is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this chapter. The city council hereby declares that it would
have passed this chapter and each section, subsection, sentence, clause, and
phrase thereof, irrespective of the fact that one or more of the sections,
subsections, sentences, clauses, or phrases hereof may be declared invalid or
unconstitutional.
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2. Limitation to Applied Facts. If the application of any provision or provisions of
this chapter to any person, property, or circumstance is found to be
unconstitutional, invalid, or ineffective, in whole or in part, by any court of
competent jurisdiction, or other competent agency, the effect of such provision
shall be limited to the person, property, or circumstance immediately involved in
the controversy and the application of such provision to other persons, properties,
or circumstances shall be unaffected unless the court specifically rules otherwise.
18.28.70: ENERGY EFFICIENT DESIGN INCENTIVES (RESERVED)
SECTION 4. Amending text of Salt Lake City Code Section 21A.24.020.J. That
Section 21A.24.020.J of the Salt Lake City Code (Zoning: Residential Districts: FR-1/43,560
Foothills Estate Residential District), shall be, and hereby is amended to read as follows:
J. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed sixty five thousand three hundred forty
(65,340) square feet. Lots in excess of the maximum lot size may be created through
the subdivision process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 5. Amending text of Salt Lake City Code Section 21A.24.030.J. That
Section 21A.24.030.J of the Salt Lake City Code (Zoning: Residential Districts: FR-2/21,780
Foothills Residential District), shall be, and hereby is amended to read as follows:
J. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed thirty two thousand six hundred seventy
(32,670) square feet. Lots in excess of the maximum lot size may be created through
the subdivision process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
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2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 6. Amending text of Salt Lake City Code Section 21A.24.040.J. That
Section 21A.24.040.J of the Salt Lake City Code (Zoning: Residential Districts: FR-3/12,000
Foothills Residential District), shall be, and hereby is amended to read as follows:
J. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed eighteen thousand (18,000) square feet.
Lots in excess of the maximum lot size may be created through the subdivision
process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 7. Amending text of Salt Lake City Code Section 21A.24.050.G. That
Section 21A.24.050.G of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
Single-Family Residential District), shall be, and hereby is amended to read as follows:
G. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed eighteen thousand (18,000) square feet.
Lots in excess of the maximum lot size may be created through the subdivision
process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
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3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 8. Amending text of Salt Lake City Code Section 21A.24.060.G. That
Section 21A.24.060.G of the Salt Lake City ('ode (Zoning: Residential Districts: R-1/7,000
Single-Family Residential District), shall be, and hereby is amended to read as follows:
G. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed ten thousand five hundred (10,500)
square feet. Lots in excess of the maximum lot size may be created through the
subdivision process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 9. Amending text of Salt Lake City Code Section 21A.24.070.G. That
Section 21A.24.070.G of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
Single-Family Residential District), shall be, and hereby is amended to read as follows:
G. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed seven thousand five hundred (7,500)
square feet. Lots in excess of the maximum lot size may be created through the
subdivision process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
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SECTION 10. Amending text of Salt Lake City Code Section 21A.24.080.G. That
Section 21A.24.080.G of the Salt Lake City ('ode (Zoning: Residential Districts: SR-1 and SR-
1 A Special Development Pattern Residential District), shall be, and hereby is amended to read as
follows:
G. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed one hundred fifty percent(150%) of the
minimum lot size allowed by the base zoning district. Lots in excess of the maximum
lot size may be created through the subdivision process subject to the following
standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 11. Amending text of Salt Lake City Code Section 21A.24.100.H. That
Section 21 A.24.100.H of the Salt Lake City ('ode (Zoning: Residential Districts: SR-3 Special
Development Pattern Residential District), shall be, and hereby is amended to read as follows:
H. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed two hundred percent (200%) of the
minimum lot size allowed by the base zoning district. Lots in excess of the maximum
lot size may be created through the subdivision process subject to the following
standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
90
SECTION 12. Amending text of Salt Lake City Code Section 21 A.24.110.G. That
Section 21A.24.110.G of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and
Two-Family Residential District), shall be, and hereby is amended to read as follows:
G. Maximum Lot Size: With the exception of lots created by a subdivision or
subdivision amendment recorded in the office of the Salt Lake County Recorder, the
maximum size of a new lot shall not exceed one hundred fifty percent(150%) of the
minimum lot size allowed by the base zoning district. Lots in excess of the maximum
lot size may be created through the subdivision process subject to the following
standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face;
and
3. The relationship of the lot width to the lot depth is compatible with other lots on
the same block face.
SECTION 13. Amending text of Salt Lake City Code Section 21A.52.030.A.10. That
Section 21A.52.030.A.10 of the Salt Lake City Code (Zoning: Special Exceptions: Special
Exceptions Authorized), shall be, and hereby is amended to read as follows:
10. Dividing existing lots containing two (2) or more separate residential structures into
separate lots that would not meet lot size, frontage width or setbacks provided:
a. The residential structures for the proposed lot split already exist and were
constructed legally.
b. The planning director agrees and is willing to approve a subdivision application.
c. Required parking equal to the parking requirement that existed at the time that
each dwelling unit was constructed.
SECTION 14. Effective Date. This ordinance shall become effective on the date of its
first publication.
91
Passed by the City Council of Salt Lake City.Utah,t • ki day of April ,
2014. I v1.� �l
�1 1
HAI' t t�'p
ATTEST-AND CO TERSIGN
(--47(' /r k/1 ((•-
CITY RECORDER
Transmitted to Mayor on April 1, 2014 •
Mayor's Action: Approved. Vetoed.
�- MAYO"
f, -,c;-4t--, --eb,f-7(-/-------K-ni,,"',CT
CITY RECORDER ;�*'t�, '. it •��14
(SEAL) S n` A,/,
VV."
\ - � APPROVED AS TO FORM
'� ,.
K'✓',p''•..,• •� `\,�' Salt Lake City Anorney's Office
Bill No. 7 of 2014. `oR� # Date: 209/y
Published: 4-8-14 •
By _
Py,effS)
Nielsonn,,S for City Attorney
HB_ATTY-g28262-v8-Ordinance_amending_subdivision_and_site_deve lopmenl_regs.DOC
92