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Legislative Version Ordinance - 10/17/2023 1 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 202_ 2 3 (An ordinance repealing and replacing all text, tables, and illustrations in Title 20 4 of the Salt Lake City Code pertaining to subdivisions and condominiums) 5 6 An ordinance repealing and replacing all text, tables, and illustrations in Title 20 of the 7 Salt Lake City Code pertaining to the regulation of subdivisions and condominiums pursuant to 8 Petition No. PLNPCM2023-00494. 9 WHEREAS, on October 11, 2023, the Salt Lake City Planning Commission (“Planning 10 Commission”) held a public hearing to consider a petition submitted by Mayor Erin Mendenhall 11 (Petition No. PLNPCM2023-00494) to repeal and replace all of the text, tables, and illustrations 12 in Title 20 of the Salt Lake City Code pertaining to subdivisions and condominiums; and 13 WHEREAS, at its October 11, 2023 meeting, the Planning Commission voted in favor of 14 transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 15 petition; and 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city’s best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 SECTION 1. Repealing and replacing the text, tables, and illustrations of Salt Lake City 20 Code Title 20. That Title 20 of the Salt Lake City Code (Subdivisions and Condominiums) as it 21 appears up to the time of adoption and publication of this ordinance, including all text, tables, 22 and illustrations, is hereby repealed in its entirety and is hereby replaced with the following text, 23 tables, and illustrations: 24 25 26 27 2 LEGISLATIVE DRAFT TITLE 20 28 SUBDIVISIONS 29 30 Title, Authority, Purpose, and Applicability 20.02 31 Decision Making Bodies 20.04 32 Application Requirements 20.10 33 Public Improvement Requirements and Agreements 20.12 34 Public Hearing and Notice Requirements 20.14 35 Preliminary and Final Plats 20.16 36 Lot and Parcel Line Adjustments 20.18 37 Lot and Parcel Consolidations 20.20 38 Street Dedication Plats 20.22 39 Subdivision Standards 20.26 40 Appeals 20.30 41 Enforcement 20.40 42 Definitions 20.50 43 44 CHAPTER 20.02 45 TITLE, PURPOSE, AUTHORITY, AND APPLICABILITY 46 47 20.02.010: TITLE: 48 This title shall be known and cited as TITLE 20, SUBDIVISIONS ORDINANCE OF SALT 49 LAKE CITY, UTAH. 50 51 20.02.020: AUTHORITY: 52 53 This title is enacted pursuant to Chapter 10-9a and Title 57 of the Utah Code, or their 54 successors. This title is further enacted as an implementation element of the adopted Salt 55 Lake City general plan and the components of the adopted general plan for Salt Lake City. 56 57 20.02.030: PURPOSE: 58 The purpose of this title, and any rules, regulations and specifications hereafter adopted, is to 59 regulate the subdivision of land, condominiums, and adjustments to and consolidations of 60 lots and parcels, within Salt Lake City to: 61 62 A. Acknowledge property ownership rights; 63 B. Preserve and enhance the health, safety, welfare, and amenities of the community; and 64 C. Implement the adopted general plan. 65 66 20.02.040: APPLICABILITY: 67 68 This title shall apply to all properties in the city where the owner of the property or 69 authorized agent of the property intends to: 70 71 A. Divide land within the city. 72 73 3 LEGISLATIVE DRAFT B. Amend or modify any existing subdivision within the city. 74 75 C. Create, modify, or dissolve any condominium within the city. 76 77 D. Modify any property line between adjacent properties. 78 79 E. Consolidate any number of existing lots or parcels with other lots or parcels. 80 81 F. Exceptions: This title is not applicable to properties owned by the federal government or 82 State of Utah or other entity that is exempt from local land use regulations applicable to 83 subdividing, amending, modifying, or consolidating land. 84 85 20.02.040: INTERPRETATION: 86 87 The regulations contained in this title shall be interpreted and applied in accordance with the 88 following rules: 89 90 A. Minimum Requirements: All regulations shall be construed as the minimum requirements 91 necessary to promote the public health, safety, morals, convenience, order, prosperity, 92 and welfare of the present and future inhabitants of the city. 93 94 B. Relationship to Easements, Covenants and Other Agreements: The provisions of this title 95 are not intended to interfere with, abrogate or require enforcement by the city of any 96 legally enforceable easements, covenants, or other agreements between private parties 97 that may restrict the use of land or dimensions of structures more than the provisions of 98 this title. When the regulations of this title impose greater restrictions than are imposed 99 by such easements, covenants, or other agreements between parties, or than are required 100 by laws or other applicable ordinances, the provisions of this title shall control. 101 102 C. Number: A word importing the singular number may be applied to plural persons and 103 things. The use of the plural number shall include any single person or thing. 104 D. Tense: The present tense of a word includes the future tense as well. 105 106 E. Shall, May: The word “shall” is mandatory; the word “may” is permissive. 107 108 F. Computation of Time: The time within which an act is to be done shall be computed by 109 excluding the first and including the last day. If the last day is a Saturday, Sunday or legal 110 holiday recognized by the city, that day shall be excluded. Deadlines shall be interpreted 111 to be 11:59 p.m. on the date listed. 112 113 G. Year: The word “year” shall mean any consecutive 12 month period unless otherwise 114 indicated. 115 116 H. The numbered sections of this title shall be referred to as follows: 117 118 1. Title shall be the first two numbers followed by a decimal point. 119 4 LEGISLATIVE DRAFT 2. Chapter refers to the two numbers that follow the first decimal point. 120 3. Section refers to the three numbers that follow the chapter numbers and separated 121 from the chapter with a decimal point. 122 123 I. Conflicts with State or Federal Code: Whenever this code conflicts with a state or federal 124 requirement, the state or federal requirement shall take precedence. 125 126 J. Any reference to an underlying zoning district shall also include any applicable overlay 127 zoning district identified in Title 21A. 128 129 130 20.02.050: AMENDMENTS TO TITLE: 131 132 Any amendment to this title shall follow the requirements of Utah Code Section 10-9a Part 6, 133 the requirements of Chapter 2.60 and the noticing requirements in this title for public 134 hearings. 135 136 137 CHAPTER 20.04 138 DECISION MAKING BODIES 139 140 SECTION: 141 142 20.04.010: Summary of Authority 143 20.04.020: City Council 144 20.04.030: Mayor 145 20.04.040: Planning Commission 146 20.04.050: Other City Officials 147 148 20.04.010: SUMMARY OF AUTHORITY: 149 150 The entities described in this chapter, without limitation upon such authority as each may 151 possess by law, have responsibility for implementing and administering this title in the 152 manner described hereto. 153 154 20.04.020: CITY COUNCIL: 155 156 The city council shall have the authority for the following actions described in this title, 157 subject to the processes, standards, and factors identified hereto: 158 159 A. Initiating amendments to the text of this title. 160 161 B. Final approval of amendments to the text of this title. 162 163 5 LEGISLATIVE DRAFT C. Final decision authority for subdivision amendments involving closure, vacation (in 164 whole or in part), alteration, amendment, or dedication of public right of way or public 165 easements. 166 167 20.04.030: MAYOR: 168 169 The mayor, or the mayor’s designee, shall have the authority for the following action 170 described in this title, subject to the processes, standards, and factors identified hereto: 171 172 A. Initiating amendments to the text of this title. 173 174 B. Final approval of final subdivision plats or other recordable instruments evidencing any 175 action under this title. 176 177 178 C. Acceptance of lands and public improvements that may be proposed for dedication. 179 180 20.04.040: PLANNING COMMISSION: 181 182 The planning commission, or designee, shall have the authority for the following actions 183 described in this title, subject to the processes, standards, and factors identified hereto: 184 185 A. Initiate amendments to the text of this title. 186 187 B. Recommend amendments to the text of this title to the city council. 188 189 C. Provide a recommendation to the city council on subdivision amendments where the city 190 council has final authority to decide on a proposed amendment. 191 192 D. Final approval authority on applications required by this title that specify the planning 193 commission is the approval authority, when the planning director defers final authority to 194 the planning commission, or when associated with a planned development as defined in 195 Title 21A. 196 197 20.04.050: OTHER CITY OFFICIALS: 198 199 This title shall be administered by city staff as indicated in this section. The specific position 200 listed may designate another employee to fulfill the roles and authority granted within this 201 chapter. Each city position, when specifically authorized by this title, shall have the authority 202 to administer and interpret this title as indicated in the various chapters found within this title 203 and as listed in this section. 204 205 A. City Attorney: The city attorney shall be responsible for reporting to the mayor as to the 206 form of the final plat or other recordable instruments evidencing any action under this 207 6 LEGISLATIVE DRAFT title. The city attorney shall certify that any lands dedicated to the public are dedicated in 208 fee simple and that the person or persons subdividing and dedicating the land are the 209 owners of record. 210 211 B. City Engineer: The city engineer shall coordinate final approval authority over all 212 subdivision improvement plans with other city departments, inspect all public 213 improvements in coordination with the director of public utilities, administer any 214 assurance devices related to the installation of public infrastructure, and enforce the 215 provisions of this title as the subdivision is developed. 216 217 C. Director of Public Utilities: The public utility director shall have final approval authority 218 over all subdivision improvement plans involving utility infrastructure administered by 219 the department, inspect all public utility installations in coordination with the city 220 engineer, administer any agreements between a subdivider and the city related to the 221 department, and enforce the provisions of this title related to public utilities as needed. 222 D. Planning Director: The planning director has the responsibility to process and decide any 223 application required by this title. The planning director shall also interpret this title as it is 224 administered. 225 226 E. Building Official: the building official has the authority to review applications related to 227 condominiums as provided in this title. 228 229 F. Transportation Director: the transportation director has the authority as indicated in this 230 title. 231 232 G. Any of the above city officials may seek advice, input, and recommendations from other 233 city personnel not listed in this section at their discretion to ensure compliance with this 234 title. 235 236 237 CHAPTER 20.10 238 APPLICATION REQUIREMENTS 239 240 20.10.010: Application Required 241 20.10.020: Fees 242 20.10.030: Complete Application 243 20.10.040: Submittal Requirements for Preliminary Subdivision Applications 244 20.10.050: Submittal Requirements for Final Plats and Other Recordable Instruments 245 20.10.060: Submittal Requirements for Lot and Parcel Line Adjustments 246 20.10.070: Submittal Requirements for Lot and Parcel Consolidations 247 20.10.080: Submittal Requirements for Street Dedication Plats 248 249 250 20.10.010: APPLICATION REQUIRED: 251 252 7 LEGISLATIVE DRAFT Any proposal that is authorized by this title is required to submit an application, provided by 253 the zoning administrator, to the city. The application shall include all information required 254 by this title. 255 256 257 20.10.020: FEES: 258 The application shall be accompanied by the applicable fees shown on the Salt Lake City 259 consolidated fee schedule. The subdivider shall also be responsible for payment of all fees 260 established for providing the public notice required by this title, in accordance with the 261 consolidated fee schedule, including costs of mailing, preparation of mailing labels and all 262 other costs relating to notification. Plan review fees required for public utility requirements 263 and any public improvements shall be required to pay a separate fee when the fee is listed on 264 the Salt Lake City consolidated fee schedule. 265 266 20.10.030: COMPLETE APPLICATION: 267 268 An application required under this title will be considered complete when a completed 269 application form is submitted, all submittal requirements have been provided, and all 270 required fees paid. An application will not be processed until it is complete as required in 271 this section. A substantive review of a complete application will start after the application is 272 considered complete. The substantive review may identify missing or incorrect information 273 necessary to verify compliance with the requirements of this title. The applicant shall be 274 responsible for responding to requests for missing and to correct information as necessary for 275 the city to verify compliance with the requirements of this title. 276 277 A. Subdivisions that include single family, two family, and single family attached uses: A 278 subdivision that includes single family, two family, or single family attached uses shall 279 be reviewed for completeness as specific in Utah Code Section10-9a-604.2 or its 280 successor. 281 282 B. All other subdivisions: All other subdivisions shall be reviewed for completeness within 283 30 days of the subdivider submitting the application and paying the required fees. 284 285 C. Incomplete Applications: It shall be the responsibility of the subdivider to ensure that all 286 applications are completed in full, include all submittal requirements required by this 287 section, and pay all required applications fees. A subdivider who fails to provide all the 288 required information that is necessary to start a comprehensive, substantive review of the 289 application will be provided with one written notice of missing submittal requirements. 290 The notice shall itemize each item that is missing, including the citation from this code 291 and provide a deadline of 30 days to provide the missing information. A subdivider that 292 fails to submit the information or that fails to negotiate a different deadline to submit the 293 information, may be considered withdrawn and closed. 294 295 296 20.10.040: SUBMITTAL REQUIREMENTS FOR PRELIMINARY SUBDIVISIONS: 297 298 8 LEGISLATIVE DRAFT An application for a preliminary subdivision shall include all information listed in this 299 section. The preliminary subdivision application is required for all new subdivisions, 300 subdivision amendments, and condominiums, including new condominiums, conversions of 301 existing buildings to condominiums, and modifications to an existing condominium. 302 A. Required forms as provided by the planning director; 303 304 B. All applicable fees; 305 306 C. The name and address of the subdivider, if different than the recorded owner, there shall 307 be a statement from the recorded owner authorizing the subdivider to act on the owner’s 308 behalf; 309 310 D. The name, address, phone number, email, of the person and organization preparing the 311 subdivision documents; 312 313 E. A preliminary plat map that includes: 314 315 1. A name that is not a duplicate of any other subdivision in the city or county. Plat 316 maps that are amending an existing subdivision shall include in the name of the 317 original subdivision with the term “amendment” and a number indicating the next 318 number of amendment that is proposed. Example: “Subdivision X, Amendment 1” or 319 “Subdivision X, Amending Lot Y”; 320 2. The names and addresses of the record of owner or owners. Each name shall match 321 with the names that appear on the title report for the property; 322 3. The date the preliminary plat map was prepared; 323 4. A written and graphic scale that is adequate to be able to determine compliance with 324 all applicable subdivision and zoning standards; 325 5. A description that defines the location and boundaries of the proposed subdivision; 326 6. The location, names, and existing widths and grades of adjacent streets; 327 7. The location, name, widths, and grades of all proposed streets. All street names must 328 be approved by Salt Lake County prior to preliminary plat application being 329 submitted. If a street is a numbered road, such as 100 South Street, it must be 330 approved by the city engineer. To receive a name, a private street must be labeled as 331 such on the plat. A street name will not be provided for cross access easements; 332 8. The names of adjacent subdivisions and the names of owners of adjacent land that is 333 not within a recorded subdivision; 334 9. Elevation contours at one-foot intervals, for predominant ground slopes within the 335 subdivision between level and 5%, and five-foot contours for predominant ground 336 slopes within the subdivisions over 5%. Such contours shall be based on the Salt Lake 337 City datum. The elevation shall reference an existing benchmark or street monument 338 set by the surveyor provided the elevation is provided and it is consistent with the 339 vertical datum designation shown; 340 10. A statement about the present zoning and proposed use of the property; 341 11. Any proposed public areas; 342 12. Any proposed lands to be retained in private ownership for common use by the 343 owners of property within the subdivision. When a subdivision contains such lands, 344 9 LEGISLATIVE DRAFT the subdivider shall submit, with the preliminary plat, the name, and articles of 345 incorporation of the owner or organization empowered to own, maintain, and pay 346 taxes on such lands; 347 13. The approximate radius of each curve; 348 14. The approximate layout and dimensions of each lot; 349 15. The area of each lot in square feet; 350 16. A statement of the water source; 351 17. A statement of provisions for sewerage and sewage disposal; 352 18. All required or needed major storm drain facilities. This may be provided in public 353 improvement plans submitted with a final plat; 354 19. Any existing or proposed dedications, easements, and deed restrictions; 355 20. If the development contains lots that are units, the boundaries of such units shall be 356 shown on the preliminary plat; 357 21. A slope classification map that indicates slopes more than 30% (three feet of rise for 358 every ten horizontal feet) demarcated with a cross hatch and labeled as undevelopable 359 when located in a foothill zoning district; 360 22. Any required setback or no build area from any water body when required by the 361 adopted general plan or Title 21A Zoning; 362 23. The area of all blocks within the subdivision; 363 24. Demonstrate that the subdivision complies with all applicable subdivision design 364 standards found in Chapter 20.26 Subdivision Standards and any requests for a 365 modification to a subdivision design standard; 366 25. Identification of any adjacent parcels or lots that abut the subdivision, including 367 providing parcel or lot boundaries, tax identification numbers, and addresses; and 368 26. Identification of any special flood hazard areas subject to inundation by the 1% 369 annual chance (100 Year) flood based on the most recent FEMA FIRM panel. 370 371 F. Supplementary documents that include: 372 373 1. A grading plan, showing by appropriate graphic means the proposed grading of the 374 subdivision including existing and proposed contours and finished floor elevations of 375 all buildings; 376 2. The approximate location of all isolated trees with a trunk diameter of four inches or 377 greater, within the boundaries of the subdivision, and the outlines of wooded areas; 378 3. The approximate boundaries of areas subject to inundation or stormwater overflow, 379 and the location, width, and direction of flow of all watercourses. This may be 380 provided in public improvement plans submitted with a final plat; 381 4. The approximate widths, locations, and uses of all existing or proposed easements for 382 drainage, sewerage, and public utilities; 383 5. The existing use or uses of the property, and the outline of any existing buildings and 384 their locations in relation to existing or proposed street and lot lines, drawn to scale; 385 6. The locations, names, widths, approximate grades and a typical cross section of curbs, 386 gutters, sidewalks and other improvements of the proposed street and access 387 easements, including proposed locations of all underground utilities. This may be 388 provided in public improvement plans submitted with a final plat; 389 10 LEGISLATIVE DRAFT 7. The location of any of the foregoing improvements which may require to be 390 constructed beyond the boundaries of the subdivision shall be shown on the 391 subdivision plat or on the vicinity map as appropriate. This may be provided in public 392 improvement plans submitted with a final plat; 393 8. A phase one environmental site assessment report to identify the presence of any 394 harmful, dangerous, or hazardous material or pollutant that may be present on any 395 land within a subdivision that is intended to be dedicated to the public. This is not 396 required if there is no land dedication within the boundaries of the subdivision; and 397 9. If the subdivision includes slopes over 30% or is in a fault rupture zone, a preliminary 398 geotechnical report prepared by a civil engineer specializing in soil mechanics and 399 registered by the State of Utah, based upon adequate test borings or excavations shall 400 be submitted. If the preliminary soil report indicates the presence of critically 401 expansive soils, or other soil problems which, if not corrected, would lead to 402 structural defects, a soil investigation of each lot in the subdivision may be required. 403 The soil investigation shall recommend corrective action intended to prevent 404 structural damage. This may be required to be submitted after the application is 405 considered complete as part of the substantive review of the application or as a 406 condition of preliminary approval; 407 408 G. If the preliminary plat map is for a condominium, the following information must be 409 provided: 410 411 1. A condominium declaration and plat that complies with applicable Utah Code 412 Chapter 57-8 Condominium Ownership Act or its successor. The declaration shall 413 also include: 414 415 a. A statement that the homeowners’ association may regulate, limit, or prohibit 416 rentals of condominium units; 417 b. A statement that the homeowners’ association may require the rental of 418 condominium units to be conducted through the homeowners’ association or a 419 designated management company, and may require that all lease agreements be 420 reviewed and approved by the homeowners’ association or the management 421 company, that any tenants be screened and approved by the homeowners’ 422 association or the management company prior to renting the condominium, and 423 that the approval of the homeowners’ association or the management company 424 shall not be unreasonably withheld; 425 c. A statement that prior to renting any condominium unit, the condominium owner 426 and the tenant shall execute a written lease agreement which shall include the 427 following provisions: 428 429 (1) The tenant shall agree to comply with all the terms and conditions of the 430 condominium declaration and bylaws; 431 (2) The tenant shall agree not to allow or commit any nuisance, waste, unlawful 432 or illegal act upon the premises; and 433 (3) The owner and the tenant shall acknowledge that the homeowners’ association 434 is an intended third-party beneficiary of the lease agreement, that the 435 11 LEGISLATIVE DRAFT homeowners’ association shall have the right to enforce compliance with the 436 condominium declaration and bylaws and to abate any nuisance, waste, 437 unlawful or illegal activity upon the premises; and that the homeowners’ 438 association shall be entitled to exercise all the owner’s rights and remedies 439 under the lease agreement to do so; 440 441 d. A statement requiring that prior to a tenant’s occupancy of a condominium unit, 442 the condominium owner must provide to the homeowners’ association the name, 443 address and telephone number of the tenant and a copy of the written lease 444 agreement; 445 e. A statement that the homeowners’ association shall have the right and the 446 obligation to enforce compliance with the condominium declaration and bylaws 447 against any owner and/or occupant of any condominium unit and shall have all 448 rights and remedies available under state or local law, in addition to its rights and 449 remedies as a third-party beneficiary under any lease agreement, to enforce such 450 compliance; 451 f. A statement that the maintenance of the shared utilities and other shared 452 infrastructure is the responsibility of the homeowner’s association; and 453 g. Each condominium unit must be identified by a number in numerical order; 454 455 2. If the proposed condominium is converting an existing building, the following 456 additional info is required: 457 458 a. A property report must be prepared consistent with the requirements of Section 459 18.32.050 of this code (adopted building code appendix; nonconforming building 460 conversion), and submitted as part of the application, together with a plan for 461 proposed improvements, renovations, or repairs to existing structures/facility; 462 b. Proof of notice to occupants shall be required before final approval. The notice 463 shall include the estimated purchase price of the units, and information regarding 464 proposed improvements. The notice shall describe any financing packages or 465 economic incentives being offered to tenants to assist in unit purchase. The notice 466 shall also include a date occupants must vacate or purchase, said date shall be no 467 earlier than 90 days after service of the notice. Relocation information for the 468 tenants, specifying available housing relocation resource agencies, and a plan of 469 any services to be voluntarily provided by the owner/developer, shall be included 470 in the notice; and 471 c. The preliminary plat map shall include all information required by Utah Code 472 Section 57-8-13 or its successor; and 473 474 H. If the application is a subdivision amendment, the following shall be provided in addition 475 to the previous listed items for preliminary plat: 476 477 1. A name that is not a duplicate of any other subdivision in the city or county. Plat 478 maps that are amending an existing subdivision shall include in the name of the 479 original subdivision with the term “amendment” and a number indicating the next 480 12 LEGISLATIVE DRAFT number of amendment that is proposed. Example: “Subdivision X, Amendment 1” or 481 “Subdivision X, Amending Lot Y”; 482 2. The boundaries of the proposed subdivision amendment and the total number of lots 483 being proposed because of the amendment; 484 3. Identification of the lots that are subject to the amendment; 485 4. If the amendment includes land that is outside of the existing boundary of the 486 subdivision, a new description of the boundary, the legal descriptions of the land that 487 is proposed to be added to the subdivision, the number, size, and dimensions of all 488 lots subject to the proposed amendment; 489 5. The signature of all owners within the subdivision indicating consent to the proposed 490 subdivision. If not all owners have consented, a list of recorded names of the owners 491 who have not consented to the subdivision amendment; and 492 6. If the amendment includes an alteration to a public street, alley or other right of way 493 or an alteration to any public easement or note on the plat that grants any public 494 interest, consent from the entity that has a right to the street, easement, or note that 495 the subdivider may proceed with the proposed amendment. In addition, the 496 application shall include the following information about any alterations: 497 498 a. The legal description of the public street, alley or other right of way or easement 499 or note as it currently exists and how it would be described if the amendment 500 were to be approved; 501 b. Appropriate infrastructure plans for the modification of any public street, alley, or 502 other right of way. This may be provided in public improvement plans submitted 503 with a final plat; and 504 c. If required, a draft written agreement to purchase the entirety or portion of any 505 street, alley, or right of way or any public easement that is proposed to be 506 amended by the subdivision. 507 508 509 20.10.050: SUBMITTAL REQUIREMENTS FOR FINAL PLATS AND OTHER 510 RECORDABLE INSTRUMENTS: 511 512 An application for a final plat shall include all information provided in this section. The final 513 plat application is required for all new subdivisions, subdivision amendments, and 514 condominiums, including new condominiums, conversions of existing buildings to 515 condominiums, and modifications to an existing condominium. All final plat documents shall 516 be consistent with the preliminary approval and reflect any conditions of approval. If a final 517 plat is not required, the application shall include all information provided for in the 518 applicable section below. 519 A. Submission Requirements for Final Plat: 520 521 1. At the time a final plat of a subdivision is submitted to the planning director, the 522 subdivider shall submit therewith the following documents: 523 524 a. The final plat shall be accompanied by a current property title report naming the 525 persons whose consent is necessary for the preparation and recordation of such 526 13 LEGISLATIVE DRAFT plat and for dedication of the streets, alleys and other public places shown on the 527 plat, and certifying that as of the date of the preparation of the report, the persons 528 therein named are all the persons necessary to give clear title to such subdivision; 529 b. If a preliminary soil report was required for the preliminary plat review, a copy of 530 that report shall be included with the final plat. The fact that a soil report has been 531 prepared shall be noted on the final plat and the report shall be recorded as a 532 supporting document with the plat; 533 c. Environmental site assessments and remediation, if remediation was needed, as 534 specified in Subsection 20.26.060.B. 535 d. The public improvement plans, agreement and bonds specified in Chapter 20.12 536 of this title, or successor sections; and 537 e. Copies of all proposed deed restrictions. 538 539 2. Preparation and Materials on Final Plat: A digital final plat shall be submitted by the 540 subdivider with the attributes listed below and that includes all the following 541 information: 542 543 a. 24 inches x 36 inches in size with a minimum of ½ inch margins from the edge of 544 the sheet; 545 b. The map shall be oriented with north or east at the top of the sheet, whichever 546 orientation best accommodates the proposed subdivision; 547 c. A north arrow, with all labels and descriptions oriented with the north direction; 548 d. The actual plat drawing shall be made on a scale large enough to clearly show all 549 details, and the workmanship on the finished drawing shall be neat, clear, and 550 readable. The preferred scales are one-inch equals twenty feet (1” = 20’) or one-551 inch equals thirty feet (1” = 30’), but in no cases shall the scale be smaller than 552 one-inch equals one hundred feet (1” = 100’); 553 e. The location of the subdivision within the city shall be shown by a small-scale 554 vicinity map inset on the title sheet; 555 f. The title of each sheet of such final plat shall consist of the approved name of the 556 subdivision at the top center and lower right-hand corner of the sheet, followed by 557 the words “Salt Lake City”. Plats filed for the purpose of showing land previously 558 subdivided as acreage shall be conspicuously marked with the words “Reversion 559 to Acreage”; 560 g. An accurate and complete boundary survey to second order accuracy shall be 561 made of the land to be subdivided. A traverse of the exterior boundaries of the 562 tract, and of each block, when computed from field measurements on the ground, 563 shall close within a tolerance of one foot to 15,000’ of perimeter; 564 h. The final plat shall show all survey and mathematical information and data 565 necessary to locate all monuments and to locate and retrace all interior and 566 exterior boundary lines appearing thereon, including bearing and distance of 567 straight lines, and central angle, radius, and arc length of curves. Identify the basis 568 of bearing between two existing monuments; 569 i. All lots, blocks, and all parcels shall be delineated and include the following 570 information: 571 572 14 LEGISLATIVE DRAFT (1) All dimensions, boundaries, size, and courses clearly shown and labeled No 573 ditto marks shall be used for lot dimensions; 574 (2) Lot numbers shall begin with the numeral “1” and continue consecutively 575 throughout the subdivision with no omissions or duplications. Condominium 576 plats may use a number, such as “101” to label individual condominium units 577 when there are multiple buildings or floors; where the first number indicates a 578 different building or floor within an existing building; 579 (3) Addresses for each lot within the subdivision, assigned by the city engineer, 580 shall be shown on the plat. Parcels offered for dedication other than for streets 581 or easements shall be designated by letter and address; 582 (4) All common areas shall include a unique address; 583 (5) Sufficient linear, angular and curve data shall be shown to determine readily 584 the bearing and length of the boundary lines of every block, lot and parcel 585 which is a part thereof; and 586 (6) Sheets shall be so arranged that no lot is split between two or more sheets and, 587 wherever practicable, blocks in their entirety shall be shown on one sheet; 588 j. The plat shall show the right of way lines of existing and new streets with the 589 street name and number value of the street, the width of any portion being 590 dedicated, label all streets as private or public, and widths of any existing 591 dedications. The widths and locations of adjacent streets and other public 592 properties within 50’ of the subdivision shall be shown. If any street in the 593 subdivision is a continuation or an approximate continuation of an existing street, 594 the conformity, or the amount of nonconformity of such street to such existing 595 streets shall be accurately shown; 596 k. All easements shall be shown by fine dashed lines. The widths of all easements 597 and sufficient ties thereto to locate the same with respect to the subdivision shall 598 be shown. All easements shall be clearly labeled and identified; 599 l. If the subdivision is adjacent to a waterway or any portion of the subdivision is 600 located in special flood hazard area, the map shall show the line of high water 601 with a continuous line and shall also show with a fine continuous line any lots 602 subject to inundation by a 1% chance flood, frequency flood, i.e., a flood having 603 an average frequency of occurrence in the order of once in 100 years although the 604 flood may occur in any year (the 100-year floodplain is defined by the U.S. Army 605 Corps of Engineers). Land that is subject to any overlay district in Chapter 606 21A.34 that requires a buffer from a waterway shall be depicted on the plat where 607 restrictions to future development apply and include appropriate notes on the plat 608 referencing the applicable overlay district restrictions including the minimum 609 flood elevation of all buildings; 610 m. The plat shall show fully and clearly: 611 612 (1) All monuments found, set, reset, replaced, or removed, stated at each point or 613 in legend. Monument caps set by surveyor must be stamped with L.S. number 614 or surveyor and/or company name, and date. Drawings of brass caps, showing 615 marked and stamped data for any existing monuments and the monuments to 616 be set, shall be included on the plat; 617 (2) Type of boundary markers and lot markers used; and 618 15 LEGISLATIVE DRAFT (3) Other evidence indicating the boundaries of the subdivision as found on the 619 site; 620 621 n. The title sheet of the plat shall show the following information: 622 623 (1) Name of the subdivision at the top center and lower right-hand corner of the 624 sheet; with location indicated by quarter section, township, range, base, and 625 meridian; 626 (2) Number of sheets in the lower right right-hand corner; 627 (3) Name of the engineer or surveyor with the date of the survey; 628 (4) North direction; 629 (5) Scale of the drawing; 630 (6) The location of the subdivision within the city shall be shown by a small-scale 631 vicinity map inset; and 632 (7) Plats filed for the purpose of showing land previously subdivided as acreage 633 shall be conspicuously marked with the words “Reversion to Acreage”; 634 635 o. The following certificates, acknowledgments, and boundary descriptions: 636 637 (1) Registered, professional land surveyor’s “certificate of survey” together with 638 the surveyor’s professional stamp, signature, name, business address, and 639 phone number; 640 (2) Owner’s dedication certificate (with subdivision name included); 641 (3) Notary public’s acknowledgment (with subdivision name included); 642 (4) A boundary description of all property being subdivided, with sufficient ties to 643 section corner, quarter corner, land corner or recorded subdivision, etc., and 644 with reference to maps or deeds of the property as shall have been previously 645 recorded or filed. Each reference in such description shall show a complete 646 reference to the book and page of records of the county. The description shall 647 also include reference to any vacated area with the vacation ordinance number 648 indicated; 649 (5) The tax parcel identification numbers for all existing parcels shown on the 650 plat; and 651 (6) Such other affidavits, certificates, acknowledgments, endorsements, and 652 notary seals as are required by law and by this chapter; 653 654 p. Signature blocks for all required entities that are required to sign the recordable 655 document shall include space for a signature and date of signing. Required 656 signature blocks include: 657 658 (1) The owners of the property to be subdivided, which shall be identical to the 659 recorded owners of record of the property as indicated in the title report; 660 (2) County health department; 661 (3) Public utilities director; 662 (4) City Engineer; 663 (5) Planning director; 664 16 LEGISLATIVE DRAFT (6) Building official, if the plat is a condominium; 665 (7) City attorney; 666 (8) Mayor; 667 (9) City recorder; and 668 (10) City surveyor. 669 670 q. If the final plat is a condominium: the final documents required under Subsection 671 20.10.040.C that are updated to include any requirement or condition approved as 672 part of the preliminary approval; and 673 r. After review and approval by the city of the draft final plat, the subdivider shall 674 provide the plat in a form that is acceptable to the county recorder’s office for 675 recording the plat after the plat has all required signatures. This version shall be 676 identical to the approved draft final plat. 677 678 B. Public Improvement Plans: Construction plans and details, reports, studies, and permit 679 applications for all required public improvements shall be provided at the time of final 680 plat applications. Public improvement plans shall include all required information to 681 address the requirements of Chapter 20.12 and any applicable provision of Chapter 20.26 682 and any other applicable section of the Salt Lake City Code of Ordinances, federal law, 683 or Utah Code that regulate the construction or improvement of public infrastructure and 684 improvements. 685 686 C. Final Plats for Subdivision Amendments: If a final plat is a subdivision amendment, the 687 final plat shall comply with all the requirements for final plats and include the following 688 additional information: 689 690 1. Final condominium declaration as required under applicable Utah Codes; 691 2. If the amendment includes a public street: 692 693 a. A binding agreement to pay the fair market value to the city for any portions of 694 the street that are proposed to be vacated; and 695 b. The plat shall indicate how the vacated portion of a public street will be 696 identified, whether added to an existing lot or creating a new lot if authorized by 697 this title; and 698 699 3. A traffic impact study that provides an analysis of the impacts of closing or vacating a 700 public street. 701 702 D. Exceptions to Final Plat: If, after preliminary approval, a subdivision plat is not required 703 as provided in this title or by Utah Code, a subdivider shall submit the following 704 documents to record the subdivision without a plat: 705 706 1. A draft “notice of subdivision approval for ten lots or less” on a form that is provided 707 by the planning director; 708 2. The legal descriptions of the existing parcels that are proposed to be subdivided; and 709 17 LEGISLATIVE DRAFT 3. Copies of deeds that transfer the ownership of new lots that include the legal 710 descriptions of each lot that is within the proposed subdivision. 711 712 713 20.10.060: SUBMITTAL REQUIREMENTS FOR LOT AND PARCEL LINE 714 ADJUSTMENTS: 715 716 An application to amend a lot or parcel line shall include all the following information: 717 A. Required forms as provided by the planning director; 718 719 B. All applicable fees; 720 721 C. The name and address of the subdivider, if different than the recorded owner there shall 722 be a statement from the recorded owner authorizing the subdivider to act on the owner’s 723 behalf; 724 725 D. The name, address, phone number, email, of the person and organization preparing the 726 subdivision documents; 727 728 E. The signatures of all property owners of record whose land is involved in the adjustment; 729 730 F. Digital copies of a site plan, record of survey and other items necessary for proper review 731 as specified by the planning director. The site plan shall be verified by a Utah registered 732 land surveyor or licensed engineer and include the following information: 733 734 1. Current lot or parcel lines; 735 2. Proposed adjustment(s) to the existing and adjusted lot or parcel lines; 736 3. Location of the home(s) and/or building(s) on the parcels involved, including 737 accessory buildings; 738 4. Setbacks from all buildings to the existing and adjusted lor or parcel line(s); 739 5. Subdivision standards that are applicable to lot and parcel line adjustments; 740 741 G. A deed or other recordable instrument that will be used to execute the adjustment on a 742 form provided by the planning director; and 743 744 H. Verification that relocation of a lot or parcel line(s) will not leave in place a utility 745 easement(s) that will impede future development. 746 747 748 20.10.070: SUBMITTAL REQUIREMENTS FOR LOT AND PARCEL 749 CONSOLIDATIONS: 750 An application to combine lots or parcels shall include all the following information: 751 752 A. Required forms as provided by the planning director; 753 754 B. All applicable fees; 755 18 LEGISLATIVE DRAFT 756 C. The name and address of the property owner, if different than the recorded owner(s) there 757 shall be a statement from the recorded owner(s) authorizing the subdivider to act on the 758 owner’s or owners’ behalf; 759 760 D. The name, address, phone number, email, of the person and organization preparing the 761 consolidation documents; 762 763 E. The signatures of all property owners of record whose land is involved in the 764 consolidation; 765 766 F. A site plan, verified by a Utah registered land surveyor depicting the following 767 information: 768 769 1. Current lot or parcel lines; 770 2. Location of any home(s) and/or building(s) on the lots or parcels involved, including 771 accessory buildings; and 772 3. Inclusion of all subdivision standards that are specifically applicable to 773 consolidations; 774 775 G. Verification that elimination of a lot or parcel line(s) will not leave in place any utility 776 easement(s) that will impede future development; and 777 778 H. A copy of the deed or other recordable instrument that will be used to execute the 779 consolidation on a form provided by the planning director. The instrument shall clearly 780 indicate that the parcels or lots are to be consolidated into one parcel or lot and one legal 781 description. If the consolidation includes land within an existing subdivision, the name of 782 the existing subdivision and recording reference to the subdivision plat or most recent 783 amended plat shall be referenced and the specific lots that are intended to be consolidated 784 identified. 785 786 787 20.10.080: SUBMITTAL REQUIREMENTS FOR STREET DEDICATION PLATS: 788 789 An application to dedicate a street as a public street, whether the street is proposed or 790 existing, shall include the following information: 791 A. Required forms as provided by the planning director; 792 793 B. All applicable fees. A street dedication application shall be charged the same fee as a 794 final plat; 795 796 C. The name and address of the applicant. If different than the recorded owner there shall be 797 a statement from the recorded owner authorizing the subdivider to act on the owner’s 798 behalf; 799 800 19 LEGISLATIVE DRAFT D. The name, address, phone number, email, of the person and organization preparing the 801 dedication documents; 802 803 E. The signatures of all property owners of record whose land is involved in the dedication; 804 805 F. A draft plat that complies with all the requirements for a final plat, except those 806 requirements pertaining to proposed lots; 807 808 G. Construction plans that demonstrate compliance with all adopted and applicable 809 standards for public streets. If the street was approved as a substandard public street as a 810 planned development under Title 21A, the applicant shall provide evidence that the street 811 dedication plat complies with the planned development approval; and 812 813 H. If the street dedication plat is for an existing street that is not a public street, the applicant 814 shall demonstrate all requirements and processes required by Chapter 14.54 or its 815 successor. 816 817 I. Any private utilities located in the street dedication shall meet current standards or be 818 replaced and dedicated to Salt Lake City. 819 820 821 CHAPTER 20.12 822 PUBLIC IMPROVEMENT REQUIREMENTS AND AGREEMENTS 823 824 20.12.010: Subdivision Improvement Construction Agreement Required 825 20.12.020: Public Improvements Required 826 20.12.030: Timing and Phasing of Public Improvements 827 20.12.040: Underground Utility Installation 828 20.12.050: Subdivision Improvement Construction Agreements 829 20.12.060: Bond and Security Requirements 830 20.12.070: Security Devices Securing Payment Risk 831 20.12.080: No Public Right of Action 832 20.12.090: As Built Plans Filed for Public Improvements 833 834 835 20.12.010: SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT 836 REQUIRED: 837 838 A subdivider for a subdivision that requires construction, repair, or replacement of public 839 improvements shall be required to provide subdivision improvement plans with a final plat 840 application. The review cycles in Utah Code Sections 10-9a-604.1 and 10-9a-604.2 or its 841 successor shall apply. When the only public improvements required by this chapter relate to 842 public utilities, any reference to the city engineer shall be interpreted to apply to the director 843 of public utilities. 844 845 846 20 LEGISLATIVE DRAFT 20.12.020: PUBLIC IMPROVEMENTS REQUIRED: 847 848 The subdivider shall be responsible for providing all public improvements as required by this 849 section. Any missing or deficient public improvement identified by this section shall be 850 brought up to current standards. 851 852 A. The subdivider shall improve all streets, pedestrianways or easements in the subdivision, 853 and adjacent streets required to serve the subdivision to the standards and specifications 854 adopted by the city that are found in the Salt Lake City Code of Ordinances or adopted by 855 reference. The subdivider may not begin permanent improvement work until public 856 improvement plans and profiles have been approved by the city engineer and a 857 subdivision improvement construction agreement has been executed between the 858 subdivider and the city. The subdivider shall cause improvements to be installed to 859 permanent line and grade and to the satisfaction of the city engineer, and in accordance 860 with the standard subdivision specifications contained in Chapter 20.12 of this title. The 861 subdivider shall pay the cost of inspection. The subdivider may request that certain public 862 improvements be waived by the city’s complete streets committee. The complete streets 863 committee may waive those improvements for which it has authority. 864 865 B. The following are minimum improvements that the subdivider normally must agree to 866 install at the subdivider’s cost before acceptance and approval of the final subdivision 867 plat by the city: 868 869 1. Grading, curbs and gutter, paving, drainage, and drainage structures necessary for the 870 proper use and drainage of streets and pedestrianways, and for the public safety; 871 2. Site grading and drainage, taking into consideration the drainage pattern of adjacent 872 improved and unimproved property and treating upstream areas, where appropriate, 873 as though fully improved. All site grading must conform to the specifications 874 contained in Chapter 20.12 of this title; 875 3. All streets and pedestrianways must be graded, and surfaced to widths and grades 876 shown on the improvement plans and profiles. The subdivider must improve the 877 extension of all subdivision streets and pedestrianways to any intercepting or 878 intersecting streets; 879 4. Sidewalks must be installed as shown on the improvement plans; 880 5. Sanitary sewer facilities connecting with the existing city sewer system must be 881 installed to serve the subdivision, with a separate private lateral for each lot, and to 882 grades and sizes shown on the plans; 883 6. Stormwater drains and detention/retention basins must be installed as shown on the 884 plans. Long term stormwater best management practices for stormwater quality must 885 be installed as shown on the plans and the Stormwater Pollution Prevention Plan 886 (SWPPP). All other conditions of the SWPPP shall be completed and permits 887 terminated; 888 7. Water mains and fire hydrants connecting to the water system serving the city must 889 be installed as shown on the plans signed by the director of public utilities. Mains and 890 individual lot services must be of sufficient size to furnish an adequate water supply 891 for each lot or parcel in the subdivision and to provide adequate fire protection; 892 21 LEGISLATIVE DRAFT 8. Street trees, if required, must be of a type approved by the city and planted in 893 approved locations; 894 9. Street lighting facilities must be provided in accordance with city policy for the area 895 of the city where the subdivision is located, and must be so screened as not to 896 interfere with views from hillsides of the city; 897 10. All natural gas lines, and telephone, electric power, cable television or other wires or 898 cables must be placed underground. Equipment appurtenant to the underground 899 facilities, such as surface mounted transformers, pedestal mounted terminal boxes and 900 meter cabinets, and concealed ducts may be above ground subject to compliance with 901 Section 21A.40.160, “Ground Mounted Utility Boxes”, of this code or its successor. 902 The subdivider shall make necessary arrangements with the utilities involved for the 903 installation of the underground facilities. All installed utilities must meet the 904 minimum separation requirements as shown on the plans; and 905 11. Provisions must be made for any railroad crossings necessary to provide access to or 906 circulation within the proposed subdivision. 907 908 C. All public improvements required by this section or provided by the subdivider must be 909 documented in the public improvement plans that show all public improvements are 910 constructed to comply with all applicable provisions of the Salt Lake City Code of 911 Ordinances, referenced standards adopted by the city, and any applicable federal standard 912 or Utah Code. All public improvements required by this section that are shown in the 913 public improvement plans shall meet the applicable standards, which include: 914 915 1. American Public Works Association Manual of Standard Specifications and Manual 916 of Standard Plans 2017 edition; 917 2. Standard Practices for Salt Lake City Public Utilities (January 2010) or its successor; 918 3. Any standard or reference to a standard specifically identified in the Salt Lake City 919 Code of Ordinances; 920 4. Any applicable standard that has been adopted by the State of Utah; and 921 5. Any applicable federal standard. 922 923 924 20.12.030: TIMING AND PHASING OF PUBLIC IMPROVEMENTS: 925 926 The subdivider may propose a timing and phasing plan for installation of public 927 improvement that complies with this section. 928 929 A. All public improvements must be installed in each respective phase of the subdivision or 930 future subdivisions. 931 932 B. All public improvements must be designed such that the first phase has the capacity to 933 accommodate the capacity of future phases. 934 935 C. The subdivider shall include a phasing plan that details how each aspect of the 936 subdivision will be platted and subdivided and the anticipated public improvements for 937 each phase. 938 22 LEGISLATIVE DRAFT 939 D. The subdivider shall provide an overall concept plan for required public improvements, 940 indicate on the plan what public improvements will be included in each phase, and 941 enough information to demonstrate that the capacity is sufficient for all phases of the 942 subdivision. 943 944 E. The public improvement plan must acknowledge that if a subdivision standard or public 945 improvement requirement changes before future phases are platted or constructed, the 946 future phases must comply with those future improvements. 947 948 F. Any monument or benchmark that is disturbed or destroyed before acceptance of all 949 improvements, must be replaced by the subdivider under the direction of the city 950 engineer. 951 952 953 20.12.040: UNDERGROUND UTILITY INSTALLATION: 954 955 All underground utilities including water mains and laterals, sanitary sewers and storm drains 956 installed in streets or alleys must be constructed before the surfacing of such streets or alleys. 957 Connections for all underground utilities and sanitary sewers must be laid to such length as 958 will avert the necessity for disturbing the street or alley improvements when service 959 connections thereto are made. 960 961 962 20.12.050: SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT: 963 964 A. Before the approval by the mayor of the final plat, and if public infrastructure 965 improvements were conditions of preliminary approval, the subdivider shall execute and 966 file a subdivision improvement construction agreement between the subdivider and the 967 city, specifying the period within which the subdivider must complete all public 968 infrastructure improvement work to the satisfaction of the city engineer, and providing 969 that if the subdivider shall fail to complete the public improvement work within such 970 period, the city may complete the same and recover the full cost and expense thereof 971 from the subdivider’s security device. The subdivision improvement construction 972 agreement must also provide for inspection and testing of all public infrastructure 973 improvements and require the subdivider to pay the cost of such inspections and testing. 974 975 B. The subdivision improvement construction agreement may also provide for the 976 following: 977 978 1. Construction of the public infrastructure improvements in units or phases; or 979 2. An extension of time under the conditions specified in this agreement. 980 981 982 20.12.060: BOND AND SECURITY REQUIREMENTS: 983 984 23 LEGISLATIVE DRAFT The subdivider shall file with the city engineer, together with the subdivision improvement 985 construction agreement, a security device in the manner and as described in the subdivision 986 improvement construction agreement. 987 988 989 20.12.070: SECURITY DEVICES SECURING PAYMENT RISK: 990 991 The terms of a corporate surety payment bond held by the city as a security device together 992 with the applicable provisions of the subdivision improvement construction agreement shall 993 govern claims to the corporate surety by a claimant. 994 995 996 20.12.080: NO PUBLIC RIGHT OF ACTION: 997 998 Sections 20.12.040 and 20.12.050 of this chapter shall not be construed to provide any 999 private right of action on either tort, contract, third party contract or any other basis on behalf 1000 of any property holder in the subdivision as against the city or on the security device required 1001 under Section 20.12.050 of this chapter or its successor in the event that the public 1002 improvements are not constructed as required. Notwithstanding the foregoing sentence, any 1003 security device obtained pursuant to Section 20.12.050 of this chapter to secure payment 1004 obligations with respect to the public improvements shall provide a private right of action to 1005 any person, at any tier, who supplies labor, material, or equipment with respect to the public 1006 improvements. 1007 1008 1009 20.12.090: AS BUILT PLANS FILED FOR PUBLIC IMPROVEMENTS: 1010 1011 A complete improvement plan “as built” (a.k.a. “record documents”) shall be filed with the 1012 city engineer upon completion of said improvements. The as built plans shall be in a digital 1013 format and a minimum of 24”x36” in size. 1014 1015 1016 1017 CHAPTER 20.14 1018 PUBLIC HEARING AND NOTICING REQUIREMENTS 1019 1020 20.14.010: Purpose 1021 20.14.020: Public Hearing Requirements 1022 20.14.030: Public Meeting Requirements 1023 20.14.040: Notice of Application 1024 20.14.050: Identifying Property Owners to be Noticed. 1025 20.14.060: Noticing Errors 1026 20.14.070: Subdivider Responsible for Posting of Property 1027 20.14.080: Applications Not Requiring Public Notice 1028 1029 1030 24 LEGISLATIVE DRAFT 20.14.010: PURPOSE: 1031 1032 The purpose of this section is to identify required public processes for each application that is 1033 required by this title. The intent of public notice and input is to provide an opportunity for 1034 the public to learn about the application and provide input regarding the impact of the 1035 proposed subdivision to their ability to utilize their own property. 1036 1037 1038 20.14.020: PUBLIC HEARING REQUIREMENTS: 1039 1040 Public hearings shall be held and noticed as identified in this section. 1041 1042 A. A public hearing shall be held for the following applications required by this title: 1043 1044 1. Subdivision amendments that: 1045 1046 a. Include closing or vacating, in whole or in part, a public right of way; 1047 b. Alters a public easement when the public easement restricts or prohibits 1048 development other than public utility or public walkways or trails; 1049 c. Originally were notified through a notice of application and where a property 1050 owner within the subdivision has submitted a written objection to the proposed 1051 amendment within the timeline identified on the notice of application; and 1052 d. A public hearing for a subdivision amendment shall be heard within 45 days of 1053 the application being considered complete. 1054 1055 2. Any application that includes an application for a planned development; and 1056 3. Any application that includes a modification to a subdivision design standard. 1057 1058 B. Public Hearing Noticing Requirements: Any application that requires a public hearing 1059 shall be subject to the noticing requirements found in Section 21A.10.020. 1060 1061 1062 1063 20.14.030: PUBLIC MEETING REQUIREMENTS: 1064 1065 The purpose of this section is to identify when a public meeting is required to be held to 1066 approve an application under this Title. A public meeting is a meeting that is open to the 1067 public to witness the discussion and decision-making process regarding an application that 1068 may be required by this title but does not include a public hearing for the application. 1069 1070 A. A public meeting shall be held for subdivision amendments when eligible under Utah 1071 Code Section 10-9a-608 or its successor. 1072 1073 B. Noticing Requirements for Public Meetings: Noticing requirements and notice content 1074 shall be the same as in Section 21A.10.020 of this code. 1075 1076 25 LEGISLATIVE DRAFT C. The planning director may decide the matter during the public meeting or after the public 1077 meeting. If the decision is made after the public meeting, the planning director shall 1078 indicate the timeframe for a decision at the public meeting. 1079 1080 1081 20.14.040: NOTICE OF APPLICATION: 1082 1083 The purpose of this section is to identify the public notice process for a notice of application 1084 as required by this title. 1085 1086 A. When authorized: Notice of application shall be provided for the following applications 1087 that may be required by this title: 1088 1089 1. Preliminary subdivisions that do not require a public hearing or public meeting; 1090 2. Subdivision amendments that include the signatures of all property owners; and 1091 3. Street dedication plats. 1092 1093 B. Noticing Requirements: 1094 1095 1. A notice of application shall be mailed to all property owners within 300 feet of the 1096 property subject to the application. If the application is for a subdivision amendment, 1097 the notice of application shall be mailed to all owners of property within the existing 1098 subdivision in addition to the property owners within 300 feet of the properties 1099 subject to the subdivision amendment. The notice shall provide at least 12 days for 1100 public comment to be submitted to the city before a decision is rendered on the 1101 application. 1102 2. A notice of application shall be sent to all entities as required in Utah Code Sections 1103 10-9a-206, 10-9a-207, 10-9a-208, and 10-9a-603 or the successors of each section. 1104 3. The property shall be posted with a sign advertising the public hearing. Each street 1105 frontage shall be posted with one sign that is posted within at least 10 feet of the 1106 property line along the street. 1107 1108 C. Public Notice Content: Each public notice required under this section shall include: 1109 1110 1. The type of application that is subject to the public hearing; 1111 2. The approximate address of the property subject to the application; 1112 3. The date, time, and location of the public meeting, if required; 1113 4. Information on how to attend the meeting if the meeting is an electronic meeting; and 1114 5. Instruction on how the public may find out more information about the application 1115 and how input may be submitted. 1116 1117 D. Timing of Notice: The notice of application shall indicate that no decision will be made 1118 within 14 days of the date of the notice. 1119 1120 1121 20.14.050: IDENTIFYING PROPERTY OWNERS TO BE NOTICED: 1122 26 LEGISLATIVE DRAFT 1123 All notices shall be mailed to the property owners of record identified in the city’s GIS 1124 database for parcel ownership. 1125 1126 1127 20.14.060: NOTICING ERRORS: 1128 1129 If the noticing requirements of this chapter are not complied with, the required notice shall be 1130 redone with the error corrected and the timing of the notice restarted. 1131 1132 1133 20.14.070: SUBDIVIDER RESPONSIBLE FOR POSTING OF PROPERTY: 1134 1135 The subdivider shall be responsible for any notice required by this chapter to be posted on the 1136 property. The posting shall be completed following the requirements of Subsection 1137 21A.10.015.B.3. 1138 1139 1140 20.14.080: APPLICATIONS NOT REQUIRNG PUBLIC NOTICE: 1141 1142 The following applications are not required to provide public notice: 1143 1144 A. Lot line or parcel line adjustments; and 1145 1146 B. Lot or parcel consolidations. 1147 1148 1149 1150 CHAPTER 20.16 1151 PRELIMINARY AND FINAL PLATS 1152 1153 20.16.010: Purpose 1154 20.16.020: When Required 1155 20.16.030: Applications Entitled to Approval 1156 20.16.030: Timing of Public Notice 1157 20.16.040: City Review Process 1158 20.16.050: Preliminary Approval Standards 1159 20.16.060: Determination of Recordable Instrument 1160 20.16.070: Final Plat Review Process 1161 1162 1163 20.16.010: PURPOSE: 1164 1165 The purpose of this chapter is to identify the required process and standards for reviewing 1166 and deciding applications to subdivide property. This section applies to any new or amended 1167 subdivision, condominium, or condominium conversion. 1168 27 LEGISLATIVE DRAFT 1169 20.16.020: WHEN REQUIRED: 1170 1171 A preliminary subdivision application is required for any proposal to create lots or parcels on 1172 any land within the city. Preliminary subdivision applications are required for new or 1173 amended subdivisions, new or amended condominiums, and condominium conversions. All 1174 preliminary subdivision applications are subject to the provisions of this chapter. 1175 1176 1177 20.16.030: SUBDIVIDER ENTITLED TO APPROVAL: 1178 1179 Any preliminary subdivision application that complies with all required standards shall be 1180 approved provided all process requirements identified in this code are followed. A 1181 preliminary subdivision that includes a planned development application shall only be 1182 approved subject to the approval of the planned development as required in Chapter 21A.55 1183 Planned Developments. 1184 1185 1186 20.16.040: PRE-SUBMITTAL MEETINGS: 1187 1188 An application may request a pre-submittal application for the preliminary subdivision 1189 application subject to the provisions of this section in accordance with Utah Code Section 10-1190 9a-604.1. Feedback at the pre-submittal meeting is limited to the information provided by the 1191 applicant and is not considered binding. 1192 1193 1194 1195 1196 20.16.040: CITY REVIEW PROCESS: 1197 1198 A. A preliminary subdivision application shall comply with Utah Code Chapter 10-9a Part 6. 1199 Any public notice required by this Title or Utah Code Chapter 10-9a shall be started after 1200 the application is considered complete. 1201 1202 B. A subdivision application that includes closing or vacating a public street, alley, or other 1203 right of way or vacating an easement that the city has a right to shall be decided by the 1204 city council after receiving a recommendation from the planning commission. The 1205 process shall be in accordance with the requirements of Chapter 21A.10. 1206 1207 1208 20.16.050: PRELIMINARY APPROVAL STANDARDS: 1209 1210 A. Timing of Approval: At the conclusion of any review cycle where no further corrections 1211 or additional information is required, each city department shall indicate that the 1212 application is eligible for approval. If all the requirements of Chapter 20.14 have been 1213 satisfied, the application shall be approved upon finding it complies with all the 1214 28 LEGISLATIVE DRAFT applicable standards found in this section, Chapter 20.26, and applicable provisions of 1215 Utah Code Chapter 10-9a. For an application that does not comply with the applicable 1216 standards in this title, and the subdivider has not responded within 90 days from the date 1217 the subdivider was provided with an itemized, written notice of any deficiency or 1218 noncompliance with the standards of this title shall be sent by the city and the application 1219 may be denied by the planning director. 1220 1221 B. Approval Standards: 1222 1223 1. All preliminary subdivisions shall comply with the following standards: 1224 1225 a. The preliminary plat map and associated documents include all information and is 1226 properly formatted as required by this title; 1227 b. The subdivision shall comply with all subdivision design standards or with 1228 approved modifications to the subdivision design standards in Chapter 20.26 of 1229 this title; 1230 c. Water supply and sewage disposal including all offsite utility improvements, 1231 required easements and infrastructure upgrades shall be satisfactory to the public 1232 utilities department director; 1233 d. The location and design of all water supply and sanitary sewer facilities are 1234 appropriately sized, connect to adequately sized infrastructure and found to be 1235 compliant with the adopted standards; 1236 e. The location and design of drainage elements to handle stormwater, ensure 1237 compliance with floodplain regulations, prevent erosion, and minimize formation 1238 of dust has been found to be compliant with adopted city standards and if 1239 applicable, Salt Lake County Flood Control and the Utah Department of 1240 Environmental Quality; 1241 f. The subdivision provides access and infrastructure necessary for firefighting 1242 equipment as required by the applicable fire code adopted by the city; 1243 g. The subdivision provides adequate easements and locations for all necessary 1244 utilities that are not provided by the city; 1245 h. All required dedications of land for streets, midblock walkways, alleys, parks, 1246 trails, and open space are provided for on the preliminary plat as indicated in the 1247 adopted general plan of the city or as agreed to as part of any land use approval or 1248 development agreement. Any exactions that are not agreed to as part of a land use 1249 approval or development agreement shall be roughly proportionate and directly 1250 related to the impact of the proposed subdivision; 1251 i. The subdivision includes recommendations in the subdivider’s traffic impact 1252 study when the transportation director indicates the recommendations are required 1253 to mitigate adverse impacts; and 1254 j. The proposed subdivision will not create any injury or harm to any other property 1255 or persons. 1256 1257 2. Condominiums: The following additional standards shall apply to all condominium 1258 conversions preliminary subdivisions: 1259 1260 29 LEGISLATIVE DRAFT a. The building official shall identify any improvements, repairs or replacements 1261 which must be made to bring the structure into compliance with applicable 1262 building codes prior to recording the final plat. The building official may require 1263 any existing code violations identified to be corrected prior to final approval; and 1264 b. Any existing nonconforming use or noncomplying structure that creates an 1265 immediate health or safety hazard to the public or future owners within the 1266 condominium has been brought into compliance with current standards or has 1267 been identified as a condition of approval to be addressed prior to the planning 1268 director signing the final plat. 1269 1270 C. Effect of Approval: The effect of preliminary subdivision approval shall authorize the 1271 subdivider to prepare the final recording documents as required by this title. 1272 1273 D. Approval Expiration: Preliminary approval shall expire 18 months from the date of 1274 preliminary approval unless a final plat has been submitted. If a final plat is not required, 1275 the required recording documents shall be submitted within 18 months from the date of 1276 preliminary approval. If the preliminary approval indicated that the subdivision will be 1277 divided into phases, the final plat for the first phase shall be submitted within 18 months. 1278 Future phases shall be subject to the phasing plan that was approved as part of the 1279 preliminary plat. 1280 1281 1282 20.16.060: RECORDABLE INSTRUMENT: 1283 1284 A. A final plat is required to be recorded for all subdivisions except those that contain fewer 1285 than 10 lots and when the subdivision of fewer than 10 lots does not include any of the 1286 following: new public improvements, dedications of land, easements, or amendments to 1287 any existing public street or alley. 1288 1289 B. Subdivisions with fewer than 10 lots and when this title does not otherwise require a plat, 1290 may be recorded without a final plat as authorized under Utah Code Chapter 10-9a Part 6 1291 or its successor. 1292 1293 1294 20.16.070: FINAL PLAT REVIEW PROCESS: 1295 1296 A. After preliminary subdivision approval has been granted, the subdivider may submit all 1297 requirements for a final plat under Chapter 20.10. The final plat documents shall be 1298 consistent with the approved preliminary subdivision documents and shall be approved if 1299 it complies with applicable provisions of this title, matches the preliminary approval, 1300 includes all conditions of preliminary approval, and all applicable provisions of Utah 1301 Code Chapter 10-9a. All final plat applications shall be submitted within 18 months of 1302 preliminary approval except for: 1303 1304 30 LEGISLATIVE DRAFT 1. A subdivision that was indicated during preliminary approval to be phased; in which 1305 case the final plat shall be consistent with the phasing plan approved as part of the 1306 preliminary approval. Each phase shall require a separate final plat application; and 1307 2. Condominiums where the subdivider desires to complete the framing of the building 1308 to ensure the interior dimensions of the condominium as shown on the final plat are 1309 consistent with the built dimensions of the building. In this case, the final plat shall 1310 be submitted within 30 days of final framing inspection. 1311 1312 B. City Review: City review processes and timelines shall be consistent with Utah Code 1313 Chapter 10-9a, Part 6 or its successor. 1314 1315 C. Subdivision Improvement Construction Agreement: The subdivider and the city shall 1316 finalize an agreement regarding the construction of all public improvements required or 1317 proposed as part of the subdivision. The agreement shall be finalized prior to the city 1318 engineer signing the final subdivision plat. 1319 1320 D. The final plat to be recorded shall be on typical mylar material or the common material 1321 for plats at the time. The printing or reproduction process used shall not incur any 1322 shrinkage or distortions, and the reproduced copy furnished shall be of good quality, to 1323 true dimension, clear and readable, and in all respects comparable to the approved final 1324 plat. The mylar plat shall be signed separately by all required and authorized parties and 1325 shall contain the information set forth in this chapter. 1326 1327 E. Prior to the filing of the final plat with the mayor, the subdivider shall file the necessary 1328 tax lien certificates and documents. 1329 1330 1331 1332 CHAPTER 20.18 1333 LOT AND PARCEL LINE ADJUSTMENTS 1334 1335 20.18.010: Purpose 1336 20.18.020: Applicability 1337 20.18.030: Standards for Lot or Parcel Line Adjustments 1338 20.18.040: City Internal Review and Decision 1339 20.18.050: Recordable Instrument 1340 20.18.060: Expiration of Approval 1341 1342 1343 20.18.010: PURPOSE: 1344 1345 The purpose of this chapter is to enable lot and parcel line adjustments to be considered and 1346 approved administratively by the planning director or designee. 1347 1348 1349 20.18.020: APPLICABILITY: 1350 31 LEGISLATIVE DRAFT 1351 This chapter applies to property line adjustments of existing adjoining parcels or lots that are 1352 described by either a metes and bounds description, a notice of subdivision approval, or a 1353 recorded plat. 1354 1355 1356 20.18.030: STANDARDS FOR LOT OR PARCEL LINE ADJUSTMENTS: 1357 1358 An application for a lot or parcel line adjustments shall result in lots or parcels that comply 1359 with the following standards: 1360 1361 A. Existing structures comply with all applicable regulations in Title 21A regarding lot size, 1362 lot width, and required setbacks unless modified through a planned development or when 1363 necessary to comply with a finalized development agreement; 1364 1365 B. The resulting lots or parcels do not alter any existing easement unless the existing 1366 easements are included in the application for an adjustment. If the easement is shown on 1367 a recorded plat and is impacted by the proposed adjustment, a subdivision amendment is 1368 required; 1369 1370 C. The proposed adjustment does not create any new or increase the amount of 1371 noncompliance with Title 21A or does not result in a use expanding to a portion of a 1372 property where the use is not authorized in the applicable land use tables in Chapter 1373 21A.33; 1374 1375 D. The resulting adjustment will not result in more than one principal building on a single 1376 lot unless authorized by Title 21A; 1377 1378 E. The resulting adjustment will not alter any public right of way; and 1379 1380 F. The resulting adjustment will not create any new lots or parcels. 1381 1382 G. The proposed adjustment complies with the applicable standards in Sections 20.26.070 1383 and 20.26.080. 1384 1385 H. The proposed adjustment does not place the consolidated lot(s) into noncompliance with 1386 public utility requirements, such as meter standards, utility placement, shared facilities, 1387 and other adopted standards. 1388 1389 1390 20.18.040: CITY INTERNAL REVIEW AND DECISION: 1391 1392 The planning director shall review the application for completeness and for compliance with 1393 the standards of review for this type of application. The planning director shall forward the 1394 lot line application to the city surveyor for review of the new legal descriptions. Upon review 1395 of the application, site plan and finding that the standards of review are complied with, the 1396 32 LEGISLATIVE DRAFT planning director shall approve the lot line adjustment. If the standards of review are not 1397 complied with, the planning director shall deny the application. 1398 1399 1400 20.18.050: RECORDABLE INSTRUMENT: 1401 1402 If the lot line adjustment is approved, the planning director shall provide the subdivider with 1403 a document approving the adjustment that includes the director’s signature. The notice shall 1404 contain the descriptions of both the original parcels and the modified parcels as provided by 1405 the subdivider and approved by the city surveyor and state any conditions of approval. A 1406 document of conveyance shall be recorded by the subdivider, property owner, or their 1407 representative at the same time as the notice of approval with the Salt Lake County 1408 Recorder’s office. The lot line adjustment is not valid unless the document of conveyance is 1409 recorded. 1410 1411 1412 20.18.060: EXPIRATION OF APPROVAL: 1413 1414 City approval for lot or parcel line adjustment is only valid upon recording of the approved 1415 deed or other recordable instrument, and any document of approval issued by the city shall 1416 clearly indicate the same. Furthermore, city approval shall expire 180 calendar days from the 1417 date the city document was notarized unless both the city approval document and the 1418 approved recordable instrument are recorded within that time. 1419 1420 1421 1422 1423 1424 CHAPTER 20.20 1425 LOT AND PARCEL CONSOLIDATIONS 1426 1427 20.20.010: Purpose 1428 20.20.020: Applicability 1429 20.20.030: Standards for Lot or Parcel Consolidations 1430 20.20.040: City Internal Review 1431 20.20.050: Recordable Instrument 1432 20.20.060: Expiration of Approval 1433 1434 1435 20.20.010: PURPOSE: 1436 1437 The purpose of this chapter is to allow for the consolidation of adjacent parcels and/or 1438 subdivision lots. 1439 1440 1441 20.20.020: APPLICABILITY: 1442 33 LEGISLATIVE DRAFT 1443 This section applies to adjacent lots or parcels, regardless of a lot or lots being part of a 1444 previously recorded subdivision. An application to consolidate parcels is not required when 1445 specifically exempt under Utah Code Section 10-9a-523. 1446 1447 1448 20.20.030: STANDARDS FOR LOT OR PARCEL CONSOLIDATIONS: 1449 1450 For two or more adjacent lots or parcels to be consolidated into one lot, the following criteria 1451 shall be met: 1452 1453 A. Compliance with all applicable zoning regulations including maximum lot size, if 1454 applicable; and 1455 1456 B. A lot consolidation cannot yield two principal buildings on one lot, unless permitted in 1457 the zoning district or by an approved planned development. 1458 1459 C. The proposed adjustment complies with the applicable standards in Sections 20.26.070 1460 and 20.26.080. 1461 1462 D. The proposed adjustment does not place the consolidated lot(s) into noncompliance with 1463 public utility requirements, such as meter standards, utility placement, shared facilities, 1464 and other adopted standards. 1465 1466 1467 1468 1469 1470 20.20.040: CITY INTERNAL REVIEW: 1471 1472 The planning director shall review the application for completeness and for compliance with 1473 the regulations of the zoning ordinance. Upon review of the application, the planning director 1474 may either approve or deny the lot consolidation. 1475 1476 1477 20.20.050: RECORDABLE INSTRUMENT: 1478 1479 City approval of the consolidation shall be in the form of a notarized findings and order 1480 executed by the planning director and provided to the subdivider and/or owners. The findings 1481 and order shall specify, according to Section 20.20.060 of this chapter, the period after which 1482 city approval shall expire. If any portion of the consolidation includes land in a recorded 1483 subdivision, the subdivision name shall be referenced in the recording document. The 1484 subdivider shall record the approved recordable instrument and the associated findings and 1485 order in the office of the Salt Lake County Recorder. 1486 1487 1488 34 LEGISLATIVE DRAFT 20.20.060: EXPIRATION OF APPROVAL: 1489 1490 City approval for lot consolidations is only valid upon recording of the approved deed or 1491 other recordable instrument, and any document of approval issued by the city shall clearly 1492 indicate the same. Furthermore, city approval shall expire 180 calendar days from the date 1493 the city document was notarized unless both the city approval document and the approved 1494 recordable instrument for transferring property are recorded within that time. 1495 1496 1497 CHAPTER 20.22 1498 STREET DEDICATION PLATS 1499 1500 20.22.010: Purpose 1501 20.22.020: Applicability 1502 20.22.030: Standards 1503 20.22.040: City Internal Review 1504 20.22.050: Recordable Instrument 1505 1506 1507 20.22.010: PURPOSE: 1508 1509 The purpose of this section is to establish a process for dedicating streets that are not already 1510 dedicated for public use and when no subdivision of land is proposed. 1511 1512 1513 20.22.020: APPLICABILITY: 1514 1515 This process may be used when: 1516 1517 A. Additional right of way for an existing road is proposed by the adjacent landowner; 1518 1519 B. Additional right of way for an existing road is necessary to provide adequate width for 1520 public improvements when the public improvements are required as part of a land use 1521 application authorized under Title 21A or as a condition of approval for a land use 1522 application under Title 21A. 1523 1524 C. A public street is proposed to access property that does not currently have access to a 1525 public street; or 1526 1527 D. When a property owner is proposing to construct a public street or portion thereof on land 1528 that is currently not part of a public street. 1529 1530 E. This process does not apply to the dedication of existing private streets unless the 1531 requirements of Chapter 14.54 have been satisfied and after the city has accepted a 1532 private street for donation to be a public street. 1533 1534 35 LEGISLATIVE DRAFT F. A street dedication application shall be charged the same fee as a final plat. 1535 1536 1537 20.22.030: STANDARDS: 1538 1539 A street dedication plat shall be subject to the following standards: 1540 1541 A. The proposed street to be dedicated complies with all adopted standards for public streets 1542 that apply to the classification, size, or typology for the area, property, or land use 1543 identified in the general plan or the zoning map; 1544 1545 B. The land to be dedicated complies with all applicable subdivision standards in Chapter 1546 20.26; 1547 1548 1549 C. The proposed street does not create any new lots or result in any existing lot or parcel 1550 being separated or split by the proposed street. In this case, the street can only be 1551 dedicated through a subdivision plat; and 1552 1553 D. The proposed street does not create parallel streets that are separated by less than 200 1554 feet. 1555 1556 1557 20.22.040: CITY INTERNAL REVIEW: 1558 1559 A. A street dedication plat shall be submitted to the planning division and reviewed by the 1560 necessary city departments who may be impacted by the proposed dedication. 1561 1562 B. Each city department shall review the street dedication plat to determine if it complies 1563 with adopted regulations that apply to the width, construction, cross section, subdivision 1564 design standards applicable to public streets, public improvements, and any other 1565 applicable standard. 1566 1567 C. After each city department has indicated that the street dedication plat complies with all 1568 applicable regulations, the subdivider shall prepare a final plat for recording the street 1569 dedication. The final plat shall comply with all requirements for final plats that relate to 1570 the dedication of public streets. 1571 1572 D. A public improvement agreement is required for all street dedication plats that include 1573 any new public improvements or modifications to existing public infrastructure. 1574 1575 1576 20.22.050: RECORDABLE INSTRUMENT: 1577 1578 The dedication of the street shall be recorded as a final plat, absent the creation of any new 1579 lots, and only having to comply with the subdivision design standards related to streets. The 1580 36 LEGISLATIVE DRAFT final plat shall comply with all the applicable requirements for preparation of a final plat. The 1581 plat shall not be recorded until the public improvement agreement has been finalized and 1582 agreed to by the applicant and the city. 1583 1584 1585 CHAPTER 20.26 1586 SUBDIVISION STANDARDS 1587 1588 20.26.010: Applicability 1589 20.26.020: Modification to Standards 1590 20.26.030: Standards for Utilities 1591 20.26.040: Standards for Flood Control 1592 20.26.050: Standards for Connectivity 1593 20.26.060: Standards for Street Design 1594 20.26.070: Standards for Natural Features 1595 20.26.080: Standards for Blocks 1596 20.26.090: Standards for Lots and Parcels 1597 1598 1599 20.26.010: APPLICABILITY: 1600 1601 All subdivisions of land within Salt Lake City shall comply and conform with the standards 1602 and requirements as set forth and as referred to in this section. 1603 1604 1605 1606 1607 1608 20.26.020: MODIFICATION TO STANDARDS: 1609 1610 A subdivider may request a modification to a subdivision standard as provided for in this 1611 section. 1612 1613 A. Authority to Approve Modifications: The authority to approve modifications to a 1614 subdivision design standard are as follows: 1615 1616 1. Standards for Public Utilities and Flood Control: Shall be determined by the director 1617 of public utilities based on the standards for approving modifications in Subsection B. 1618 2. Standards for Connectivity and Street Design: Shall be determined by the 1619 transportation director based on the standards for approving modifications in 1620 Subsection B. 1621 3. Standards for Natural Features, Blocks, and Lots and Parcels: Shall be determined by 1622 the planning director based on the standards for approving modifications in 1623 Subsection B. Modifications may also be considered as part of a planned 1624 development pursuant to Chapter 21A.55 Planned Developments when a subdivision 1625 is associated with a planned development application. However, a planned 1626 37 LEGISLATIVE DRAFT development may not be submitted when the only modification requested is a 1627 modification to a subdivision standard. 1628 1629 B. Standards for Approving Modifications: Any request for a modification shall be 1630 identified in the preliminary subdivision application or as a supplement to an application 1631 in response to city review comments and include evidence provided by the subdivider 1632 that the following standards are satisfied: 1633 1634 1. The proposed modification will not diminish the ability of the city to provide service 1635 to the properties within the subdivision; 1636 2. The proposed modification does not negatively impact any future city plans related to 1637 transportation or public utilities; 1638 3. The proposed modification complies with adopted engineering standards, or a 1639 different engineering standard endorsed by a professional organization that provides 1640 standards for public infrastructure and the authority identified in Paragraph A finds 1641 that the modified standard is substantially similar to the city adopted standard; 1642 4. The proposed modification does not jeopardize the integrity, structure, function, 1643 future needs, capacity, or purpose of any other public infrastructure; and 1644 5. The proposed modification does not result in a detrimental effect to nearby properties 1645 that may be caused by the proposed modification during the construction process. A 1646 detrimental effect includes: 1647 1648 a. Dirt, rock, or other debris falling or being placed on adjacent property; 1649 b. Storm water, snow melt, or irrigation water flowing onto other property; 1650 c. A decrease in access to adjacent properties; 1651 d. Degradation of any public property or easement; 1652 e. Any impact that jeopardizes the health or safety of any person, structure, 1653 vegetation, or property. 1654 1655 1656 20.26.030: STANDARDS FOR UTILITIES: 1657 1658 All subdivisions and subdivision amendments shall comply with the requirements of this 1659 section. This section shall be administered by the director of public utilities. 1660 1661 A. All water and sewer shall be provided through underground services and connections; 1662 1663 B. Storm water may not use underground services and connections and shall be managed 1664 through surface flow, swales, retention basins or other similar methods for storm water 1665 management. 1666 1667 C. All lots within the subdivision that are developable shall be provided with access to all 1668 required utilities by the subdivider with necessary and required easements shown on the 1669 plat; 1670 1671 38 LEGISLATIVE DRAFT D. Easements for utility and drainage purposes shall be provided within the subdivision as 1672 required by the director of public utilities. However, in no event shall such an easement 1673 be less than five feet in width when proposed along the front lot line; and 1674 1675 E. Watercourses: The subdivider shall dedicate an easement for storm drainage conforming 1676 substantially with the lines of any natural watercourse or channel, stream, creek, or 1677 floodplain that enters or traverses the subdivision. 1678 1679 1680 20.26.040: STANDARDS FOR FLOOD CONTROL: 1681 1682 All subdivisions and subdivision amendments shall comply with the requirements of this 1683 section, any applicable requirements of Title 17, and the requirements of Chapter 18.68 of 1684 this code. Any applicable state or federal requirement shall also apply. This section shall be 1685 administered by the director of public utilities: 1686 1687 A. The subdivision design shall be consistent with the need to minimize flood damage; 1688 1689 B. Adequate drainage must be provided to reduce exposure to flood hazards; 1690 1691 C. All public utilities and facilities such as sewer, gas, electrical and water systems shall be 1692 located, elevated, or constructed to minimize or eliminate flood damage; and 1693 1694 D. The subdivider shall dedicate an access easement for storm and flood management that 1695 provides adequate access to perform flood control within any river, stream, creek, or 1696 similar water way or floodplain that enters or traverses the subdivision. 1697 1698 20.26.050: STANDARDS FOR CONNECTIVITY: 1699 1700 All subdivisions and subdivision amendments shall comply with the standards of this section. 1701 This section shall be administered by the transportation director unless otherwise indicated. 1702 1703 A. The subdivision design shall conform to the pattern of major street as designated in the 1704 general plan or on the major street plan map of the city transportation master plan. 1705 Whenever a subdivision fronts on a street so designated or contains within the boundaries 1706 of the proposed subdivision a public street identified in the general plan, that street shall 1707 be platted and dedicated by the subdivider in the location and width so indicated. 1708 1709 B. The street pattern in the subdivision shall be in general conformity with a plan for the 1710 most advantageous development of adjoining areas and the entire neighborhood or 1711 district. The following principles shall be observed: 1712 1713 1. Where appropriate to the design and terrain, proposed streets shall be continuous and 1714 in alignment with existing planned or platted streets, or, if offset, streets shall be 1715 offset a minimum of 100’ between centerlines of intersecting that are 50’ or less in 1716 39 LEGISLATIVE DRAFT width and a minimum of 400’ between centerlines of intersecting streets that are 1717 wider than 50 feet; 1718 2. Where streets extend to the boundary of the property, resulting in dead end streets 1719 may be approved with a temporary turnaround of a minimum 45’ radius. In all other 1720 cases, a permanent turnaround shall conform to specifications in Subsection G, 1721 “Turnaround”, of this section or have a design otherwise approved by the 1722 transportation division; 1723 3. Proposed streets shall intersect one another as nearly at right angles as topography 1724 and other limiting factors of good design permit. “T” intersections rather than “cross” 1725 intersections shall be used wherever possible for local streets; and 1726 1727 C. The proposed subdivision shall include street connections to any streets that abut, are 1728 adjacent to, or terminate at the subdivision site. The proposed development shall also 1729 include street connections in the direction of all existing or planned streets adjacent to the 1730 development site as identified in the adopted general plan. Exceptions to this requirement 1731 include situations where the street connection would alter a drainage channel, natural 1732 feature, steep slope, utility easement that prohibits such a connection, or other legally 1733 existing restriction on the land that would prohibit the street connection. 1734 1735 D. The proposed subdivision shall include streets that extend to the boundary of the 1736 subdivision and undeveloped or partially developed land that is adjacent to the 1737 subdivision. The streets shall be in locations that will enable adjoining properties to 1738 connect to the proposed subdivision street system when the streets are public. Exceptions 1739 to this requirement include situations where the adjacent land is separated from the 1740 development site by a drainage channel, natural feature, steep slope, utility easement that 1741 prohibits such a connection, or other legally existing restriction on the land that would 1742 prohibit the future development of the land. 1743 1744 E. The subdivider shall dedicate or grant an easement for pedestrian and bicycle 1745 infrastructure through the subdivision and connecting to similar infrastructure as required 1746 by this section: 1747 1748 1. When in a right of way that is to be dedicated as part of the subdivision, the 1749 pedestrian and bicycle infrastructure shall comply with the adopted general plan 1750 related to pedestrian and bicycle infrastructure; 1751 2. When the general plan identifies a trailhead or connects to a trail on land that is 1752 within the proposed boundaries of the subdivision; 1753 3. When the general plan identifies public pedestrian or bicycle infrastructure abutting 1754 the proposed subdivision and connections to the pedestrian or bicycle infrastructure 1755 within the boundaries of the proposed subdivision are necessary to complete the 1756 pedestrian and bicycle infrastructure; 1757 4. When existing trails, sidewalks, walkways, bike path, or other infrastructure is 1758 located on land that is adjacent to the boundary of the proposed subdivision; 1759 5. When required by Chapter 14.06 of this code; and 1760 6. Any required pedestrian and bicycle infrastructure required by this section shall be 1761 the minimum width necessary to provide the connection. The connection may be in 1762 40 LEGISLATIVE DRAFT the form of a dedication of land on the plat or as a public access easement. The area 1763 of the dedication or easement shall count towards the minimum lot areas of the 1764 adjacent lots as determined by the subdivider. 1765 1766 F. Cul-De-Sacs: Cul-de-sacs are prohibited in new subdivisions or when new streets are 1767 proposed as part of a subdivision amendment except as provided in this section. 1768 1769 1. Physical conditions are present that prohibits development of a connecting street. A 1770 physical condition includes slopes over 30 degrees, the presence of a river, stream, 1771 wetland, or other body of water, upland wildlife habitat area, the boundary of an 1772 Open Space, Natural Open Space, or Foothill Protection zoning district, or other land 1773 identified in Subsection C.1. If this condition is present, the subdivider may be 1774 required to provide a public access easement through the cul-de-sac to any public 1775 land where one of the physical conditions identified in this section exist; 1776 2. The land adjacent to the subdivision is already developed in a manner that makes it 1777 impracticable to connect the proposed subdivision to the existing streets; or 1778 3. When required by the applicable fire code. 1779 1780 G. Turnaround: If allowed cul-de-sacs in residential zoning districts should be no longer 1781 than 400’ (measured from centerline of intersecting street to radius point of turnaround) 1782 and shall have a minimum of 45’ curb radius. Cul-de-sacs in all other zoning districts 1783 should be no longer than 650’ and should have a minimum of 60’ curb radius. Other cul-1784 de-sac lengths or turnaround configurations may be approved by the fire department and 1785 the transportation director. 1786 1787 1788 1789 20.26.060: STANDARDS FOR STREET DESIGN: 1790 1791 The following minimum standards apply to all public streets and design criteria shall apply 1792 unless deemed unwarranted by written recommendation of the city engineer and 1793 transportation division director. Said standards and criteria shall be supplemented by other 1794 applicable existing engineering and construction requirements and standards as specified by 1795 the city engineering and transportation divisions. 1796 1797 A. General: 1798 1799 1. Where higher standards have not been established as specified in Subsection A.1 of 1800 this section, all streets shall be platted, designed, and constructed according to the 1801 principles outlined in the transportation division’s Street and Intersection Typologies 1802 Design Guide and the design and constructions for public streets adopted by the 1803 city. Exceptions to the Street and Intersection Typologies Design Guide may be 1804 granted through a planned development subject to Chapter 21A.55 or by the 1805 transportation director based on the following standards: 1806 1807 41 LEGISLATIVE DRAFT a. The subdivision serves 10 lots or fewer and justifies a narrower cross section than 1808 what is identified in the Street and Intersection Typologies Design Guide; 1809 b. A different street design is warranted due to the slope, waterways, existing 1810 infrastructure, or other similar unique circumstance that doesn’t generally exist on 1811 other properties within the same zoning district; 1812 c. The adopted general plan establishes a different guide or standard for streets in 1813 the geographic area where the proposed subdivision is located; and 1814 d. The subdivider provides an alternative cross section for a street that provides all 1815 of the required components identified in the guide but in a different arrangement 1816 that is consistent with the intent of the specific street type. 1817 1818 B. Street Grades: Curves and sight distances shall be subject to approval by the city 1819 engineering division, to ensure proper drainage and safety for vehicles and pedestrians. 1820 The following principles and standards shall be observed: 1821 1822 1. Grades of streets shall be not less than 0.5% and not greater than 7%; 1823 2. The maximum grade applies at the street centerline; and 1824 3. Short runs of steeper grades may be permitted if there are no objections from the fire 1825 department, transportation division, and city engineer. 1826 1827 C. Vertical Alignment of Nonintersecting Streets: Transition curves over crests of hills shall 1828 be designed to provide both a smooth transition from upward movement to minimize 1829 potential roller coaster effect and to provide safe stopping sight distance at all times. The 1830 stopping sight distance is the distance required to safely stop a vehicle after viewing an 1831 object calculated on a formula set forth in standards adopted by the transportation 1832 division. 1833 1834 D. Vertical Alignment at Street Intersections: Transition curves shall be required to provide 1835 a smooth transition from road grade to intersections. For an approach distance (“A”) from 1836 each edge of the intersecting street line, the grade may not exceed 2%. The minimum 1837 length of the approaches (“A”) and transition curves (“L”) shall be calculated upon the 1838 formulas below: 1839 1840 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’ for intersections with local streets and not less than 100’ 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”. 1841 1842 1843 1844 1845 1846 42 LEGISLATIVE DRAFT 1847 1848 1849 1850 E. Intersection Site Distance: Intersections shall be planned and located to provide as much 1851 sight distance as possible. In achieving a safe road design, as a minimum, there shall be 1852 sufficient corner sight distance for the driver on the approach roadway to cross the 1853 intersecting street without requiring approaching traffic to reduce speed. Such corner 1854 sight distance is a field of vision which shall be measured from a point on the approach 1855 roadway at least 15’ from the edge of the intersecting roadway pavement at a height of 1856 3.5’ on the approach roadway. The minimum corner sight distance for local streets (30 1857 miles per hour design speed) shall be 350’. For collector streets (40 miles per hour design 1858 speed) the minimum corner sight distance shall be 450’. 1859 1860 F. Horizontal Alignment of Streets: In addition to the specific street design standards set 1861 forth above, horizontal alignment shall be subject to the following criteria: 1862 1863 1. Consistent with topography, alignments shall be as straight as possible; 1864 2. Maximum curvatures shall be avoided whenever possible; 1865 3. Consistent patterns of alignment shall be sought. Sharp curves at the end of long 1866 tangents or at the end of long flat curves shall be avoided; 1867 4. Short lengths of curves shall be avoided even for very small deflection angles; 1868 5. Flat curvatures shall be provided on long fills; 1869 6. Compound circular curves with large differences in radii shall be avoided; 1870 7. Direct reverse curves shall be avoided; a tangent shall be used between them; 1871 8. “Broken back curves” (two curves in the same direction on either side of a short 1872 tangent or large radius curve) shall be avoided; and 1873 43 LEGISLATIVE DRAFT 9. To effectuate the above general criteria, the minimum curve centerline radii for local 1874 streets and collector streets shall be 100’ and 150’, respectively. The maximum 1875 allowable degree of curvature shall be 23° for local streets and 12.5° for collector 1876 streets. 1877 1878 G. Street Lighting: Lighting shall comply with the policies and standards outlined in the Salt 1879 Lake City Street Lighting Master Plan. 1880 1881 H. Curb, Gutter, and Sidewalks: The following principles and standards shall apply to the 1882 design and installation of curbs, gutters, sidewalks, and pedestrianways. Low impact 1883 development standards may be substituted at the discretion of the engineering and 1884 transportation divisions, according to best practices as determined by the public utilities 1885 department: 1886 1887 1. Vertical curbs and gutters as shown on the city’s standard detail drawings shall be 1888 required in all subdivisions unless otherwise approved by the city engineer and 1889 transportation director. The minimum gutter slope at a street intersection and at the 1890 crest and sag of vertical curves is 0.5%; 1891 2. Sidewalks shall be designed to comply with ADA Guidelines. Sidewalks are required 1892 on both sides of a street except when the transportation director authorizes an 1893 exception when a subdivision includes land that is in a manufacturing zone located 1894 west of I-215, BP Business Park District located west of I-215, or EI Extractive 1895 Industries District. 1896 3. Sidewalks shall normally be located within the street right of way and shall be 1897 required to be a minimum width as indicated in this subsection: 1898 1899 a. Four feet wide in any FR, R-1, R-2, or SR zoning districts when adjacent to a park 1900 strip; 1901 b. Five feet wide in any FR, R-1, R-2, or SR zoning districts zoning districts when 1902 the sidewalk is directly adjacent to the back of curb; 1903 c. Six feet wide in all other zoning districts unless specified otherwise in those 1904 districts; 1905 d. Eight feet wide in the central business district; or 1906 e. Ten feet wide along Main Street in the central business district. 1907 1908 The transportation director may require the subdivider to provide a pedestrian impact 1909 study to determine if additional width for a sidewalk is necessary based on the 1910 proportional impact the subdivision may have on the sidewalks within the 1911 subdivision; 1912 1913 I. Protection Strips: Protection Strips: Where subdivision streets create frontage for 1914 contiguous property owned by others, the subdivider may, upon approval by the city 1915 engineer create a protection strip not less than one foot in width between said street and 1916 adjacent property, to be deeded into joint ownership between the city and subdivider. 1917 Such a lot requires an agreement from the subdivider contracting to deed to the owners of 1918 the contiguous property the one foot or larger protection strip lot for a consideration 1919 44 LEGISLATIVE DRAFT named in the agreement, such consideration to be not more than the cost of street 1920 improvements properly charged to the contiguous property as determined by the city 1921 engineering division in their estimate of cost of improvements for the 1922 subdivision. Jointly owned protection strip lots shall not be permitted at the end of or 1923 within the boundaries of a public street, or proposed street, or within an area, or abutting 1924 an area, intended for future public use. 1925 1926 J. Traffic Report: New subdivisions have traffic impacts on existing street systems that may 1927 or may not be adverse in nature. The transportation director may require the subdivider to 1928 provide a detailed traffic report of the effects and impacts of the proposed development. 1929 This report shall detail the expected number of trips to be generated, the type of vehicles 1930 expected, and the times of day that the most severe impact can be expected. It shall also 1931 detail the effect on street capacity by the development, as well as nearby intersections 1932 that will be impacted by the development’s traffic as may be designated by the 1933 transportation division director. Based on a review of the traffic impact study, the 1934 transportation division may require additional mitigations including street improvements 1935 and other multi-modal transportation enhancements. 1936 1937 1938 20.26.070: STANDARDS FOR NATURAL FEATURES: 1939 1940 All subdivisions and subdivision amendments shall comply with the provisions of this 1941 section. This section shall be administered by the planning director. 1942 1943 A. Preservation of Natural Features: all subdivisions and subdivision amendments shall be 1944 designed to preserve the natural features of a site as follows: 1945 1946 1. Rivers, streams and creeks shall not be piped or placed in any culvert or man-made 1947 channel; 1948 2. Wetlands shall be protected and buffered as required within the underlying zoning 1949 district, overlay district, or as identified in the general plan; 1950 3. Wooded areas within a subdivision shall be preserved. Lots that include wooded 1951 areas are allowed to exceed the maximum lot size of the underlying zoning district 1952 and may count towards any required landscaping, regardless of location of the 1953 wooded area or the required landscaped area; 1954 4. Wildlife habitat shall be preserved when the general plan identifies areas to be 1955 protected or Title 21A specifically requires protection of habitat or buffers from 1956 wildlife habitat. Area preserved as wildlife habitat may count towards the landscaping 1957 requirements of the underlying zoning district, regardless of the location of the 1958 wildlife habitat or the required landscaped area; and 1959 5. Natural features identified in this section shall be identified as undevelopable areas on 1960 the final plat. The size of the undevelopable area shall be determined by the general 1961 plan if the general plan provides an objective metric to determine the area to be 1962 protected or as required by Title 21A Zoning. If both the general plan and Title 21A 1963 include conflicting regulations regarding this provision, the smaller requirement shall 1964 take precedent. If the general plan or Title 21A does not provide a minimum 1965 45 LEGISLATIVE DRAFT requirement, the document that does indicate a minimum requirement shall take 1966 precedent. 1967 1968 B. Environmental Conditions of Land to Be Dedicated: Environmental Site Assessments 1969 (ESAs) and remediation must be conducted on any land that is to be dedicated to the 1970 public, as follows: 1971 1972 1. ESAs shall be performed in accordance with the most recent version of ASTM 1973 Standard E1527. 1974 2. The city reserves the right to conduct ESAs using a city-contracted environmental 1975 consultant if needed to avoid legal liability, if there are concerns with the 1976 environmental work conducted to date, or other reasons as determined by the director 1977 of sustainability, other department directors as applicable, or their designees. 1978 3. If remediation is required to clean up the land to the appropriate land use standards, 1979 the remediation shall be completed prior to dedicating the land. 1980 4. All ESAs and remediation reports shall be reviewed and approved by the director of 1981 sustainability, other department directors as applicable, or their designees. 1982 1983 1984 20.26.080: STANDARDS FOR BLOCKS: 1985 1986 All subdivisions and subdivision amendments shall comply with the provisions of this 1987 section. This section shall be administered by the planning director. 1988 1989 A. Public Streets Required: All subdivisions shall include public streets as required by the 1990 adopted general plan of the city. The subdivision may include additional streets not 1991 identified in the general plan. Streets shall be used to create blocks that comply with this 1992 section. Local streets within a subdivision shall be public unless private streets are 1993 approved through a planned development in accordance with Chapter 21A.55. 1994 1995 B. Blocks shall be created by streets as required in the adopted general plan. For the purpose 1996 of this section, a midblock walkway identified in the general plan shall be considered a 1997 street for determining block size. Blocks shall be created by local streets as follows: 1998 1999 1. In zoning districts that allow residential uses, proposed streets that comply with the 2000 applicable street cross section in the Street and Intersection Typologies Design Guide 2001 are required when the proposed subdivision is over five acres in size unless the 2002 subdivision is approved as part of a planned development. For the purpose of this 2003 section, a residential use does not include a dwelling for a caretaker when allowed in 2004 zoning districts that do not allow other residential land uses. This section shall also 2005 apply to any lot/parcel line adjustment or lot/parcel consolidation; and 2006 2. In all other zoning districts, there is no maximum block size. 2007 2008 2009 20.26.090: STANDARDS FOR LOTS AND PARCELS: 2010 2011 46 LEGISLATIVE DRAFT All subdivisions and subdivision amendments shall comply with the provisions of this 2012 section. This section shall be administered by the planning director. 2013 2014 A. Frontage on Public Streets: All lots or parcels shall have frontage on a public street and 2015 the frontage shall comply with the minimum lot width requirements of the underlying 2016 zoning district. This standard is not applicable if Title 21A allows lots or parcels without 2017 street frontage. This provision may be modified as part of a planned development in 2018 accordance with Chapter 21A.55. Access that crosses multiple lots shall include 2019 appropriate cross access easements. 2020 2021 B. Buildable Areas: All subdivisions shall result in lots or parcels that provide a practically 2022 sized buildable area except for lots or parcels that are: 2023 2024 1. Identified as undevelopable on a subdivision plat; 2025 2. Identified as a public park or open space; 2026 3. Identified as a protection strip intended to prevent access across property provided the 2027 protection strip complies with the standards of this title; or 2028 4. Intended to be used for public infrastructure. 2029 2030 C. Minimum Lot or Parcel Size: All lots or parcels shall comply with the minimum lot size 2031 and lot width required within the applicable zoning district or overlay district in Title 2032 21A. 2033 2034 D. Lot or Parcel Shape: all lots and parcels shall generally be rectangular in shape except 2035 when one of the following conditions exist: 2036 2037 1. The lot or parcel shares a property line with a lot or parcel that is not part of the 2038 subject subdivision and that property line is curved, angled, or has multiple angles 2039 along the length of the property line; 2040 2. The lot or parcel has frontage on a public right of way or private street and the 2041 boundary of the public right of way or private street is curved, angled, or has multiple 2042 angles along the length of the boundary. Side property lines shall be approximately at 2043 right angles or radial to the street line; 2044 3. The property line follows a natural feature that includes a water way, slope over 30 2045 degrees, rockfall area, wetland, ridge line, or other natural area that necessitates a 2046 different shape lot; 2047 4. This standard does not apply when: 2048 2049 a. The shape is approved as part of a planned development; 2050 b. The lot or parcel is a flag lot; or 2051 c. The lot or parcel is in a special purpose zoning district other than MU Mixed Use 2052 District. 2053 2054 E. Double Frontage Lots: Double frontage lots are prohibited in subdivisions located in 2055 residential zoning districts. 2056 2057 47 LEGISLATIVE DRAFT F. Developable Area Limitation on Steep Slopes: The applicant shall provide a slope 2058 classification map with any subdivision application when the subdivision is in any 2059 foothill zoning district or open space zoning district. The slope classification map shall 2060 use a “ten-foot averaging” to determine the locations of any slope that exceeds 30%. All 2061 slopes that are 30% or greater shall be considered significant steep slopes and are 2062 undevelopable. This section shall also apply to zoning map amendments that propose 2063 changing the zoning from a foothill zoning district to any other zoning district. 2064 2065 1. All areas of significant steep slope shall be identified as “undevelopable area” on the 2066 plat. A legal description of the undevelopable area shall also be included on the plat; 2067 2. The boundary line of the undevelopable area shall be identified as a “transition area” 2068 on the plat. The transition area shall be a minimum of 10 feet; 2069 3. Undevelopable areas shall be protected from subsequent alteration or encroachment 2070 by an open space preservation easement granted to Salt Lake City on the subdivision 2071 plat; 2072 4. Grading, landscaping, construction activities, streets (public or private) and other 2073 disturbances of the land are prohibited within the portions of the plat designated as an 2074 undevelopable area except as follows: 2075 2076 a. Any construction activity necessary to provide utility access to the lot when the 2077 undevelopable area is located between the street and the developable area on a lot 2078 and there is no other legally existing location to construct the necessary public 2079 utilities. Any excavation and grading work necessary to construct necessary 2080 utilities shall be the minimum necessary and any disturbance shall be returned to 2081 its natural condition; 2082 b. Any driveway or walkway and associated retaining walls necessary to provide 2083 access to the building area when the undevelopable area is located between the 2084 street and the developable area and there is no other legally existing location to 2085 construct the driveway, walkway, and associated retaining walls. No driveway 2086 that qualifies for this exception may exceed 15 feet in width and no walkway may 2087 exceed six feet in width. All retaining walls shall comply with the applicable 2088 provisions for retaining walls found in Title 21A; 2089 c. Exceptions listed in Subsections a. and b. shall occupy the same space unless the 2090 engineering specifications for either requires a different location. The preference 2091 of the subdivider or property owner is not a valid reason to allow separate 2092 locations; or 2093 d. Modifications to landscaping when necessary to comply with requirements or 2094 guidelines for vegetation in wildfire interface zones as recommended by a 2095 government agency. 2096 2097 5. A lot that has undevelopable area within its boundaries is allowed to exceed the 2098 maximum lot size in the underlying zone without a planned development and without 2099 needing to comply with the provisions in Title 21A for exceeding maximum lot size 2100 provided: 2101 2102 48 LEGISLATIVE DRAFT a. The parcel has a minimum of 1,500 square feet of net buildable area. The net 2103 buildable area shall not include any areas of thirty percent (30%) or greater slope 2104 or the required zoning setbacks or the portion of the transitional area that is 2105 required that lies within the required ten foot (10’) minimum setback or twenty 2106 foot (20’) average setback from the proposed development limit line, as defined 2107 by the Salt Lake City Zoning Ordinance; 2108 b. The parcel has city sewer and water services that are located or can be extended to 2109 access the lot directly from the street; or 2110 c. The applicant must present a construction plan, acceptable to the city, which 2111 demonstrates the ability to manage staging for construction in a manner that will 2112 not impact transitional or steep slope areas; and 2113 2114 6. The plat shall include the following language to indicate that the developable area 2115 limitation on steep slopes shall be shown on all building permits for new buildings or 2116 structures and additions to existing buildings or structures: “The developable area 2117 limitations and all undevelopable areas shall be shown on all building permits when 2118 the building permit includes the construction of any new building or structure and 2119 additions to any existing building or structure. The undevelopable area shall not be 2120 used for any construction activity, staging, or storage during the construction 2121 process.” 2122 2123 G. Solar Oriented Lots: For subdivisions with 25 or more single-family residential lots at 2124 least 50% of lots less than 15,000 square feet, upon which detached single-family 2125 dwelling units are planned for construction, shall be oriented with the longest dimension 2126 lot line oriented towards the south to accommodate future solar panel installations on the 2127 property. Exceptions to this provision may be made by the planning director when: 2128 2129 1. The land that is proposed to be subdivided is along an existing street that is oriented 2130 in a manner that does not make it practical for the lots to comply with this 2131 requirement; 2132 2. Where unusual topographic, environmental, soil, and similar conditions exist that, as 2133 determined by the planning director, make compliance with these provisions 2134 physically infeasible; 2135 3. The property is within an existing subdivision and the proposal is a subdivision 2136 amendment; or 2137 4. The existing lot or parcel is proposed to be modified through a lot line adjustment, 2138 parcel boundary adjustment, or consolidation. 2139 2140 2141 CHAPTER 20.30 2142 APPEALS 2143 2144 20.30.010: Appeal Authority 2145 20.30.020: Appeal Procedures 2146 2147 2148 49 LEGISLATIVE DRAFT 20.30.010: APPEAL AUTHORITY: 2149 2150 A. Appeals of any final decision made under this Title shall be subject to the requirements of 2151 this chapter. 2152 2153 B. Appeal of Final Decision: The applicant, a board or officer of the municipality, or an 2154 adversely affected party may, within 10 days of a final decision regarding a preliminary 2155 subdivision application, appeal that decision to the appeal hearing officer by alleging that 2156 there is error in any order, requirement, decision, or determination made by the land use 2157 authority who made the final decision. All appeals shall be based on the record and 2158 subject to the appeal process established in Chapter 21A.16. An appeal filed under this 2159 section does not require a public hearing with the appeals hearing officer. A final 2160 decision that involves approving the recordable instrument cannot be appealed. 2161 2162 C. Appeal of decision regarding subdivision improvement plans. Any dispute between the 2163 city and the subdivider shall be conducted in accordance with Utah Code Section 10-9a-2164 508(5) or its successor. Appeals under this section are limited in accordance to Utah 2165 Code Section 10-9a-508(5). 2166 2167 D. Appeal of a residential roadway standard. Any appeal related to Utah Code Section 10-2168 9a-508(5) or its successor is subject to the specific appeal requirements of that section. 2169 Any appeal filed under this section shall comply with the appeal application and fee 2170 process required by this chapter. 2171 2172 2173 2174 20.30.020: APPEAL PROCEDURES: 2175 2176 A. All appeals shall be filed within 10 days of the final decision on an application provided 2177 by the city and following the submittal process required by the city for filing an 2178 application. 2179 2180 B. Any appeal of a subdivision approval shall be based on the record of approval. A public 2181 hearing is not required for an appeal and no additional information may be presented by 2182 the appellant that was not made available to the land use authority prior to the final 2183 decision. 2184 2185 C. The process for filing an appeal, except as indicated in this chapter, shall be the same as 2186 the process outlined in Chapter 21A.16. If Utah Code provides an appeal process that 2187 differs from this chapter, Utah Code shall be followed. 2188 2189 2190 CHAPTER 20.40 2191 ENFORCEMENT 2192 2193 20.40.010: Unlawful Acts Involving Sale or Lease of Property 2194 50 LEGISLATIVE DRAFT 20.40.020: City Engineer to Enforce Subdivision Design Standards 2195 20.40.030: Violation and Penalty 2196 20.40.040: Issuing a Certificate of Occupancy 2197 20.40.050: Illegal Subdivisions, Consolidations, and Adjustments 2198 20.40.060: Civil Penalties 2199 2200 2201 20.40.010: UNLAWFUL ACTS INVOLVING SALE OR LEASE OF PROPERTY: 2202 2203 A. No person shall offer to sell, contract to sell, sell, deed, or convey any property contrary 2204 to the provisions of this title. 2205 2206 B. The city, in addition to any other remedy provided by law, may seek to prevent any 2207 remedy or violation of this title that has occurred or is about to occur by instituting a 2208 proceeding for an injunction, mandamus, abatement or any other appropriate action. 2209 2210 C. The city may enforce the provisions of this title by refusing to issue building permits. 2211 2212 2213 20.40.020: CITY ENGINEER TO ENFORCE SUBDIVISION DESIGN STANDARDS: 2214 2215 The city engineering division will have responsibility for inspection and enforcement of 2216 subdivision design standards and requirements of this title. When it is found by inspection 2217 that conditions are not substantial as stated or shown in the approved subdivision plans, the 2218 city engineering division shall stop further work until approval is obtained for an amended 2219 subdivision plan. 2220 2221 2222 20.40.030: VIOLATION AND PENALTY: 2223 2224 It shall be unlawful for any person to fail to comply with the provisions of this title, and 2225 failure to comply with the provisions of this title shall constitute a class C misdemeanor. 2226 2227 2228 20.40.040: ISSUING A CERTIFICATE OF OCCUPANCY: 2229 2230 The building official may withhold the issuance of certificate of occupancy for any building 2231 within a subdivision if the subdivider or designee violates any provision of this title and fails 2232 to correct the violation to the satisfaction of the city engineer. 2233 2234 2235 20.40.050: ILLEGAL SUBDIVISIONS, CONSOLIDATIONS, AND ADJUSTMENTS: 2236 2237 Any subdivision, consolidation, or adjustment to land that is not authorized and approved 2238 under this title or Utah Code shall not be recognized by the city and no future land use 2239 51 LEGISLATIVE DRAFT approval or building permit shall be issued until the subdivision, consolidation, or adjustment 2240 complies with the requirements of this title and is approved by the city. 2241 2242 2243 20.40.060: CIVIL PENALTIES: 2244 2245 Any violations of the provisions of this title shall subject the violator to a civil penalty in the 2246 following amounts: 2247 2248 A. $200.00 per day if the violation occurs in FR-1, FR-2, or FR-3 districts as listed in Title 2249 21A. 2250 2251 B. $100.00 per day for any other violation. 2252 2253 2254 CHAPTER 20.50 2255 DEFINITIONS 2256 2257 20.50.010: Definitions Generally 2258 20.50.020: Definition of Terms 2259 2260 2261 20.50.010: DEFINITIONS GENERALLY: 2262 2263 Terms used within this title shall be defined as indicated. Terms defined in Utah Code 2264 Section 10-9a-103 shall take precedence. Terms not defined in Utah Code shall be as defined 2265 in this section. Terms not defined in Utah Code Chapter 10-9a or in this section shall be as 2266 defined in Title 21A. Any words that remain undefined shall be defined as stated in Miriam-2267 Webster Online Dictionary. 2268 2269 2270 20.50.020: DEFINITION OF TERMS: 2271 2272 ALLEY: A public or private right of way within a block primarily intended for service and 2273 access to abutting property by vehicles and not designated for general travel. 2274 2275 ADA: Americans With Disabilities Act. 2276 2277 APPLICATION: A form provided by the zoning administrator that is required to initiate a 2278 process identified by this chapter. 2279 2280 ARTERIAL STREET: A street that facilitates through traffic movement over relatively long 2281 distances such as from one end of the city to the other. Arterials are generally multilane 2282 streets carrying high traffic volumes at relatively high-speed limits. These are commuter 2283 streets and sometimes offer controlled access to abutting property, and curbside parking may 2284 52 LEGISLATIVE DRAFT be restricted or prohibited. Arterial streets are designated as such on the major street plan 2285 map of the transportation master plan. 2286 2287 BICYCLE INFRASTRUCTURE: Public facilities intended to support the use of a bicycle or 2288 similar vehicles which may include, but is not limited to, paved ramps, paths, bridges, 2289 bicycle storage facilities, trails, and the accessory structures necessary to support the 2290 facilities. 2291 2292 BLOCK: An area of land within a subdivision entirely bounded by streets (other than alleys), 2293 freeways, and other types of rights of way identified by this chapter. 2294 2295 BUILDABLE AREA: That portion of the lot remaining after required yards have been 2296 provided and after the limitations of any pertinent environmental regulations have been 2297 applied. Buildings may be placed in any part of the buildable area subject to complying with 2298 other applicable standards. 2299 2300 CITY ATTORNEY: The Salt Lake City Attorney or designee. 2301 2302 CITY COUNCIL: The legislative body of Salt Lake City. 2303 2304 CITY ENGINEER: The Salt Lake City Engineer or designee. 2305 2306 CITY RECORDER: The Salt Lake City Recorder or designee. 2307 2308 COLLECTOR STREET: A street that provides the connection between arterial and local 2309 streets. Collector streets can be multilane, but they are meant to carry less traffic at lower 2310 speeds and for shorter distances than arterial streets. They provide direct access to abutting 2311 property and carry a mix of local and commuter traffic headed for nearby destinations. 2312 Collector streets are identified as such on the major street plan map of the transportation 2313 master plan. 2314 2315 CONDOMINIUM: A property or portions thereof conforming to the definition set forth in 2316 Utah Code Section 57-8-3 or its successor. 2317 2318 CONDOMINIUM CONVERSION: The process of converting an existing building(s) into a 2319 condominium. 2320 2321 CONDOMINIUM DECLARATION: As defined in Utah Code Section 57-8-3, or its 2322 successor. 2323 2324 CONSERVATION EASEMENT: An encumbrance against real property that restricts uses of 2325 the land to protect the land for conservation purposes. 2326 2327 CONSOLIDATION: The act of combining two or more lot or parcels into one lot or parcel. 2328 2329 53 LEGISLATIVE DRAFT CONTOUR LINE: A line on a map joining points of equal elevation as measured from sea 2330 level. 2331 2332 COUNTY RECORDER: The Salt Lake County Recorder or designee. 2333 2334 CUL-DE-SAC: A local street open at only one end which has a turnaround for vehicles at the 2335 closed end. 2336 2337 DEDICATION: The act of converting private land to public land. 2338 2339 DEED: A legal document that transfers an ownership interest in real property to another 2340 person or entity. 2341 2342 DEED RESTRICTION: A signed document recorded against the title of a property that 2343 limits the use of the property. 2344 2345 DEVELOPMENT LIMIT LINE: A line on a plat which defines the boundary between 2346 developable and undevelopable areas. This line may be identified with different terms, such 2347 as nonbuildable area line, on existing recorded plats. 2348 2349 DOUBLE FRONTAGE LOT: A lot that has frontages on two different streets where the 2350 streets do not intersect adjacent to the property. This term shall also apply to double frontage 2351 parcels. 2352 2353 DRIVEWAY: A way or route for use by a vehicle leading from a parking area or from a 2354 house, garage, or other structure to a road or street. 2355 2356 EASEMENT: An interest in land owned by another that entitles its holder to a specific 2357 limited use or enjoyment. 2358 2359 ENVIRONMENTAL REMEDIATION: The cleanup of pollution or contaminants from the 2360 environment to the standards appropriate for the proposed land use, including the soil, 2361 groundwater, surface water, or air. 2362 2363 EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar 2364 material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, 2365 and shall include the conditions resulting therefrom. 2366 2367 FINAL SUBDIVISION PLAT: A map of real property in the form of lands and/or building 2368 units being laid out and prepared in accordance with the provisions of Chapter 10-9a or Title 2369 57, Utah Code or its successor, and of this title, designed to be placed on record in the office 2370 of the Salt Lake County Recorder. 2371 2372 FOOTHILL SUBDIVISION: A subdivision of property located within the FP Foothills 2373 Protection District or the FR-1/43,560, FR-2/21,780, or FR-3/12,000 Districts. 2374 2375 54 LEGISLATIVE DRAFT FREEWAY: Routes, typically divided arterial highways, provide for rapid movement of 2376 large volumes of vehicles between urban areas. No local access to individual sites is 2377 provided. 2378 2379 GENERAL PLAN: Land use planning policy document(s) adopted by the Salt Lake City 2380 Council in accordance with the provisions of Utah Code Chapter 10-9a, Part 4 and defined in 2381 Title 19 General Plan. 2382 2383 GRADING: Excavation or fill or any combination thereof that alters the elevation of the 2384 terrain and shall include the conditions resulting from any excavation or fill. 2385 2386 GRADING PLAN: A plan that shows the extent of all grading activity that is proposed to 2387 occur within the boundaries of a subdivision or on a lot or parcel. 2388 2389 LEGAL DESCRIPTION: The written description of a lot or parcel. The legal description 2390 may be metes and bounds, a lot number or combination of lot numbers when located within a 2391 subdivision recorded by plat, or other lawful description of land that is recorded with the 2392 county recorder’s office. 2393 2394 LOCAL STREET: A street which provides direct access to and from abutting properties they 2395 serve. Local streets are usually relatively narrow and meant to carry traffic over short 2396 distances and at low speeds. 2397 2398 LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision 2399 plat that has been recorded in the office of the county recorder. 2400 2401 LOT LINE ADJUSTMENT: The relocation of the property boundary lines, with the consent 2402 of the owners of record as required by this title, between adjoining lots or parcels that are 2403 described by either a metes and bounds description or a recorded plat. 2404 2405 MIDBLOCK WALKWAY: A pedestrian walkway that provides access through a block. 2406 2407 NONCOMPLIANCE: The result of an action that does not comply with a requirement of this 2408 title. 2409 2410 NOTICE OF APPLICATION: A public notice sent to property owners or tenants within a 2411 specified distance of a property that is subject of a land use application that is intended to 2412 provide information about a proposed application authorized by this title. 2413 2414 NOTICE OF SUBDIVISION APPROVAL FOR 10 LOTS OR LESS: A document that is 2415 recorded with the Salt Lake County Recorder’s Office that indicates the approval of a 2416 subdivision of 10 lots or fewer as authorized by this title. 2417 2418 PARCEL: Any unit of real property that is not a lot. 2419 2420 55 LEGISLATIVE DRAFT PEDESTRIAN INFRASTRUCTURE: Public facilities intended to support the movement of 2421 people in a safe, inclusive, and protected space separated from automobiles. This may 2422 include, but is not limited to, paved ramps, sidewalks, paths, bridges, trails, street crossings, 2423 and the accessory structures necessary to support the facilities. 2424 2425 PHASE ONE ENVIRONMENTAL SITE ASSESSMENT: A report that identifies potential 2426 or existing environmental contamination that impacts or may impact land. 2427 2428 PLANNING COMMISSION: The Salt Lake City Planning Commission. 2429 2430 PLANNING DIRECTOR: The director of the Salt Lake City Planning Division or designee. 2431 2432 PREAPPLICATION MEETING: A meeting between a subdivider and various city 2433 representatives where initial subdivision applications, process, and regulations are discussed. 2434 2435 PRELIMINARY PLAT MAP: A plat showing the design of a proposed subdivision and the 2436 existing conditions in and around the subdivision. It need not be based upon a detailed final 2437 survey of the property, except as provided in Chapter 20.16 of this title. 2438 2439 PRELIMINARY GEOTECHNICAL REPORT: A report that describes the general 2440 topography and geology of land which includes subsurface conditions and that is intended to 2441 provide information about the structural needs of future development based on the soil 2442 characteristics. 2443 2444 PRELIMINARY SUBDIVISION: The first phase of the subdivision approval process that 2445 precedes final subdivision. 2446 2447 PROPERTY REPORT: A report that analyzes all structures, building systems, and 2448 infrastructure on a property that is proposed to be converted to a condominium. The report 2449 includes information about the status, age, anticipated future maintenance needs, and other 2450 issues associated with the property and is intended to be disclosed to future purchasers of 2451 units within a condominium. 2452 2453 PUBLIC IMPROVEMENT: Street work, utilities, public landscaping improvements, public 2454 infrastructure improvements, and other facilities proposed or required to serve a subdivision 2455 and be installed within the public way. 2456 2457 PUBLIC INFRASTRUCTURE IMPROVEMENT: An infrastructure improvement as 2458 defined in Utah Code Section 10-9a-103 required by this title that is intended to be dedicated 2459 or granted for public use. 2460 2461 PUBLIC LANDSCAPING IMPROVEMENT: Landscaping described in Utah Code Section 2462 10-9a-604.5 or its successor. 2463 2464 PRIVATE STREET: A street that is not dedicated for public use by a legally binding 2465 document. 2466 56 LEGISLATIVE DRAFT 2467 RECORDABLE INSTRUMENT: The documents that are used to document the approval of 2468 any application required by this title and recorded with the Salt Lake County Recorder’s 2469 office. 2470 2471 RECORDED PLAT: A subdivision plat that has been recorded with the Salt Lake County 2472 Recorder’s office. 2473 2474 RESIDENTIAL LAND USE: A principal use of the land for primarily residential purposes. 2475 2476 RESIDENTIAL ROADWAY: As defined in Utah Code Section 10-9a-103. 2477 2478 RETAINING WALL: A structure that is used to hold earth in place. 2479 2480 REVIEW CYCLE: A subdivision review process defined in Utah Code Section 10-9a.604.2 2481 2482 SECURITY DEVICE: Any of the following, in a form acceptable to the city attorney, that 2483 secures the performance of the subdivider’s obligations under the subdivision improvement 2484 construction agreement: 2485 2486 1. A separate payment bond and a separate performance bond provided by a corporate 2487 surety company; 2488 2. A cash bond or escrow agreement; or 2489 3. A letter of credit. 2490 2491 SIGNIFICANT STEEP SLOPE: An area of 30% or greater slope, as determined using 10’ 2492 averaging, which is intended to be protected from development or other disturbance. 2493 2494 SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is 2495 performed as a single unified operation. 2496 2497 SITE PREPARATION: Grading and underground utility installation in preparation for an 2498 approved, pending development. 2499 2500 SLOPE: The slant of the earth within a lot or parcel or other defined area of land. 2501 2502 SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered 2503 professional engineer or land surveyor based upon a contour map of the specified scale and 2504 contour interval, upon which the measured and calculated percent of slope (measured 2505 between every contour interval on the map) is classified or grouped into percentage of slope 2506 data in 10% slope groupings as follows: 2507 2508 Slope Classification Percent Of Slope Mapped Color Level 0 - 9.9% Uncolored Slight 10 - 19.9% Yellow 57 LEGISLATIVE DRAFT Moderate 20 - 29.9% Orange Severe 30% and greater Red 2509 SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil 2510 mechanics and foundation engineering, familiar with the application of principles of soil 2511 mechanics in the investigation and analysis of the engineering properties of earth materials. 2512 2513 SOLAR ORIENTED LOT: 2514 2515 A. A lot with a front line oriented to within 30° of a true east-west line. When the lot line 2516 abutting a street is curved, the “front lot line” shall mean, for the purposes of this 2517 definition, the straight-line connecting ends of the curve. For a flag lot, the “front lot line” 2518 shall mean the lot line that is most parallel to the closest street, excluding the pole portion 2519 of the flag lot; or 2520 B. A lot that, when a straight line is drawn from a point midway between the side lot lines at 2521 the required front yard setback to a point midway between the side lot lines at the 2522 required rear yard setback, is oriented to within 30° of true north along such line; or 2523 C. A corner lot with a south lot line oriented to within 30° of a true east-west line, where the 2524 south lot line adjoins a public street or open space and the abutting street right of way or 2525 open space has a minimum north-south dimension of at least 50’. For purposes of this 2526 definition, “open space” shall include, without limitation, parks, cemeteries, golf courses 2527 and similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and 2528 reservoirs, lakes, ponds, wetlands, open spaces reserved for use of residents of the 2529 development, and other similar open space. 2530 2531 SPECIAL NATURAL TOPOGRAPHIC FEATURE: A naturally occurring feature which is 2532 determined to be unique among similar features of its kind (i.e., rock formation, water 2533 feature) or has historical associations (e.g., Ensign Peak). 2534 2535 STANDARD SPECIFICATIONS: All the specific requirements and standard detailed 2536 drawings adopted, utilized, and administered by the responsible city departments. 2537 2538 STREET: A public or private vehicular way, between property or boundary lines and 2539 including parking, sidewalks, and gutters, that may also serve for all or part of its width as a 2540 way for pedestrian traffic, whether called street, highway, thoroughfare, parkway, 2541 throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated. 2542 2543 STREET DEDICATION PLAT: A plat that is used to dedicate streets for public use but does 2544 not create any additional lots. A street dedication plat cannot be used when the land to be 2545 dedicated is part of an existing subdivision. 2546 2547 SUBDIVIDER: Any person, firm, corporation, partnership, or association who causes land to 2548 be divided into a subdivision. 2549 2550 SUBDIVISION: Any land that is divided, resubdivided or proposed to be divided into two 2551 (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether 2552 58 LEGISLATIVE DRAFT immediate or future, for offer, sale, lease, or development. For purposes of this chapter, 2553 “subdivision” includes: 2554 2555 A. The division or development of land whether by deed, metes and bounds description, 2556 devise and testacy, lease, map, plat, or other recorded instruments, for all residential and 2557 nonresidential uses; and 2558 B. Any condominium project which involves dedication of real property to the ownership 2559 and use of the public. 2560 2561 SUBDIVISION AMENDMENT INVOLVING STREETS: An application that includes a 2562 proposed change to any subdivision for which a subdivision plat has been previously 2563 approved and recorded and which proposes to vacate all or a portion of any of the dedicated 2564 public streets, rights of way, or easements of the original subdivision plat. 2565 2566 SUBDIVISION AMENDMENT NOT INVOLVING STREETS: An application that 2567 includes a proposed change to any subdivision, for which a subdivision or plat has been 2568 previously approved and recorded and which does not propose to vacate all or a portion of 2569 any of the dedicated public streets, rights of way, or easements of the original subdivision 2570 plat. 2571 2572 SUBDIVISION DESIGN: The overall layout of the proposed subdivision, including, but not 2573 limited to, the arrangement of streets and intersections, the layout and size of lots, the widths 2574 and locations of easements and rights of way for utilities, drainage structures, sewers and the 2575 nature and location of public or semipublic facilities, programs for the preservation of natural 2576 features, and the installation of public improvements. 2577 2578 SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT: An agreement 2579 between the city and subdivider regarding constructing subdivision improvements required 2580 by this title. 2581 2582 SUBDIVISION IMPROVEMENT PLANS: As defined in Utah Code Section 10-9a-604.2. 2583 2584 SUBDIVISION ORDINANCE REVIEW: As defined in Utah Code Section 10-9a-604.2. 2585 2586 SUBDIVISION PLAN REVIEW: As defined in Utah Code Section 10-9a.604.2 2587 2588 SUBSTANTIVE REVIEW: The review of a subdivision application and all submittal 2589 requirements to determine if the documents comply with the requirements of this title. 2590 2591 TEN FOOT AVERAGING: Calculating the percent of slope between 10’ elevation intervals 2592 on an accurate slope classification map. The first interval can start at any elevation line, and 2593 subsequent intervals shall be set at 10-foot increments. For example, if the first interval starts 2594 at 4721, the next interval line must be 4731, followed by 4741 and so forth. This technique is 2595 used to determine areas of significant steep slope. 2596 2597 59 LEGISLATIVE DRAFT TRAFFIC IMPACT STUDY: A study performed by a transportation engineer that analyzes 2598 the impact future development has on public streets to determine how the impacts can be 2599 mitigated or if the development is appropriate. 2600 2601 TRAILHEAD: The point of public access to a public trail. 2602 2603 UNDEVELOPABLE AREA: The portion of a lot that is unusable for or not adaptable to the 2604 normal uses made of the property, which may include areas covered by water, areas that are 2605 excessively steep, included in certain types of easements, or otherwise not suitable for 2606 development, including areas designated on a plat as undevelopable. 2607 2608 WATERCOURSE: A path where water flows in a natural, altered, or artificial manner. 2609 2610 WATER SOURCE: A source for drinking water. 2611 2612 WETLAND, FUNCTIONAL: Areas inundated, permanently or intermittently, with water 2613 that contain wetland plant species. Functional wetlands do not include jurisdictional 2614 wetlands. 2615 2616 WETLAND, JURISDICTIONAL: Areas that are inundated by water and declared as 2617 wetlands by the United States Army Corp of Engineers. 2618 2619 WILDLIFE HABITAT: Land in a natural state with minimum human disturbances that is 2620 used by wildlife. 2621 2622 WOODED AREAS: Areas of land that are naturally and primarily covered by trees and are a 2623 minimum of ¼ acre in size. 2624 2625 2626 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its 2627 first publication. 2628 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2629 202_. 2630 ______________________________ 2631 CHAIRPERSON 2632 ATTEST AND COUNTERSIGN: 2633 2634 ______________________________ 2635 CITY RECORDER 2636 2637 Transmitted to Mayor on _______________________. 2638 2639 60 LEGISLATIVE DRAFT 2640 Mayor’s Action: _______Approved. _______Vetoed. 2641 2642 ______________________________ 2643 MAYOR 2644 ______________________________ 2645 CITY RECORDER 2646 (SEAL) 2647 2648 Bill No. ________ of 202_. 2649 Published: ______________. 2650 2651 Ordinance repeal and replace Title 20 subdivisions (legislative) 10-12-23 2652