Chapter 88A General Provisions
These regulations shall hereafter be known, cited and referred to as the Subdivision
Regulations of Deweyville, Utah or Chapter 8 of the Land Management and
Development Code of Deweyville Town.
8A.2.1 Control and Jurisdiction
It is hereby declared to be the policy of Deweyville to consider the subdivision of
land and the subsequent development of the subdivided plat as subject to the control
of Deweyville pursuant to the official Comprehensive or General Plan of Deweyville
for the orderly, planned, efficient, and economical development of Deweyville.
8A.2.2 Public Services and Health, Safety and Welfare Protection
Land to be subdivided shall be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood, landslide,
subsidence, geologic and natural hazards, or other menace, and land shall not be
subdivided and developed until available public facilities and improvements exist
(or adequate guarantees are in place) and proper provision has been made for
drainage, water, sewerage, and capital improvements such as schools, parks and
recreation facilities, streets and transportation facilities, and related improvements.
If necessary and required public facilities, infrastructure and safety protections are
not in place or can not be provided for, the subdivision and/or development will not
8A.2.3 Conformance with Town Plans and Standards
The existing and proposed public improvements shall conform and be properly
related to the proposals shown in the General Plan, Streets Master Plan, Official
Zoning Map, and the capital budget and infrastructure improvement program of
Deweyville, and it is intended that these regulations shall supplement and facilitate
the enforcement of the provisions and standards contained in the currently adopted
International Building Code, the Land Management and Development Code,
General Plan, Official Zoning Map, and capital budget and infrastructure
improvement program(s) of Deweyville Town as they may be adopted.
These regulations are adopted for the following purposes:
(a) To protect and provide for the public health, safety, and general welfare
(b) To guide the future growth and development of Deweyville, in accordance
with the Comprehensive or General Plan.
(c ) To provide for adequate light, solar access, open space, air, and privacy,
to secure safety from fire, flood, landslides and other geologic and natural
hazards, and other danger, and to prevent overcrowding of the land and
undue congestion of population.
(d) To protect the rural agricultural character (i.e. rights of farming) and the
social and economic stability of all parts of Deweyville and to encourage
the orderly and beneficial development of all parts of the municipality.
(e) To protect and conserve the value of land throughout the municipality and
the value of buildings and improvements upon the land, and to minimize
the conflicts among the uses of land and buildings.
(f) To guide public and private policy and action in order to provide adequate
and efficient transportation, water, sewerage, schools, parks, playgrounds,
recreation, streets, and other public requirements and facilities.
(g) To provide the most beneficial relationship between the uses of land and
buildings and the circulation of traffic, throughout the municipality,
having particular regard to the avoidance of congestion in the streets and
highways, and the pedestrian traffic movements appropriate to the various
uses of land and buildings, and to provide for the proper location and
width of streets and building lines.
(h) To establish reasonable standards of design and procedures for
subdivisions and re subdivisions, in order to further the orderly layout and
use of land; and to insure proper legal descriptions and monumenting of
(i) To insure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
(j) To prevent the pollution or degradation of air, streams, and ponds; to
assure the adequacy of drainage facilities; to safeguard the water table; to
minimize site disturbance and the removal of native vegetation and soil
erosion; and to encourage the wise use and management of natural
resources throughout the municipality in order to preserve the integrity,
stability, and beauty of the community and the value of the land.
(k) To preserve the natural and rural agricultural beauty and topography of
Deweyville and to insure appropriate development with regard to these
valued natural and historical features.
(l) To provide for open spaces through the most efficient design and layout
of the land, including the use of flexible density or cluster type zoning in
providing for minimum width and area of lots, while preserving the
density of land as established in the Land Management and Development
Code of Deweyville.
8A.4.1 State Law
By Authority of ordinance of the Town Council of Deweyville (hereinafter referred
to as "Town Council") adopted pursuant to the powers and jurisdictions vested
through Chapter 9a, Title 10 of the Utah Code, Annotated (1953, as amended) and
other applicable laws, statutes, ordinances, and regulations of the State of Utah, the
Town Council hereby exercise the power and Authority to review, approve, and
disapprove plats for subdivision land within the corporate limits of Deweyville
which show lots, blocks, or sites with or without new streets or highways.
8A.4.2 Existing Subdivisions
By the same Authority, the Town Council does hereby exercise the power and
Authority to pass and approve development in subdivisions of land already recorded
in the office of the County Recorder if such are entirely or partially undeveloped.
8A.4.3 Undeveloped Subdivision Definition
The subdivision shall be considered to be entirely or partially undeveloped if:
(a) Said plat or subdivision has been recorded with the County
Recorder's office without a prior approval by the Town Council,
(b) Said plat or subdivision has been approved by the Town Council
where the approval has been granted more than three (3) years
prior to granting a building permit, on the partially or entirely
undeveloped land and the zoning regulations, either bulk or use,
for the district in which the subdivision is located, have been
changed subsequent to the original final subdivision approval.
These subdivision regulations shall apply to all subdivisions of land, as defined
herein, located within the corporate limits of Deweyville.
8A.5.2 Requirements Prior to Subdividing
No land shall be subdivided within the corporate limits of Deweyville until:
(a) The subdivider or his agent shall submit a sketch plat of the
parcel to the Planning Commission through the Deweyville
(b) Obtained written approval of the sketch plat and preliminary and
final approval of the plat itself by the Planning Commission and
Town Council; and,
(c ) The approved plat is filed with the County Recorder.
8A.5.3 Permits Issued upon Conformity
No building permit or certificate of occupancy shall be issued for any parcel or plat
of land which was created by subdivision after the effective date of, and not in
conformity with, the provisions of these subdivision regulations or approved under
prior subdivision ordinance, and no excavation of land or construction of any public
or private improvements shall take place or be commenced except in conformity
with the applicable Town regulations.
In order that land may be subdivided in accordance with these purposes and policies, these
subdivision regulations are hereby adopted.
8A.7 Interpretation Conflict, and Seperability
8A.7.1 Minimum Requirements
In their interpretation and application, the provisions of these regulations shall be
held to be the minimum requirements for the promotion of the public health, safety,
and general welfare.
8A.7.2 Conflict with Public and Private Provisions.
(a) Public Provisions. These regulations are not intended to interfere
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Chapter 8 Subdivision Regulations Page 8-5
with, abrogate, or annul any other ordinance, rule or regulation,
statute, or other provision of law. Where any provision of these
regulations imposes restriction different from those imposed by
any other provision of these regulations or any other ordinance,
rule or regulation, or other provision of law, whichever
provisions are more restrictive or impose higher standards shall
(b) Private Provisions. These regulations are not intended to
abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of these
regulations are more restrictive or impose higher standards or
regulations than such easement, covenant, or other private
agreement or restriction, the requirements of these regulations
shall govern. Where the provisions of the easement, covenant, or
private agreement or restriction impose duties and obligations
more restrictive, or higher standards than the requirements of
these regulations, or the conditions of the Planning Commission
or the municipality in approving a subdivision or in enforcing
these regulations, and such private provisions are not
inconsistent with these regulations or determinations thereunder,
then such private provisions shall be operative and supplemental
to these regulations and conditions imposed. Provided, however,
that the Town is under no obligation to enforce private
If any part or provision of these regulations or application thereof to any person or
circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application
directly involved in all controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder of these
regulations or the application thereof to other persons or circumstances. The Town
Council hereby declares that it would have enacted the remainder of these
regulations even without any such part, provision, or application.
8A.8 Saving Provision
These regulations shall not be construed as abating any action now pending under, or by
virtue of, prior existing subdivision regulations, or as discontinuing, abating,
modifying, or altering any penalty accruing or about to accrue, or as affecting the
liability of any person, firm, or corporation, or as waiving any right of the
municipality under any section or provision existing at the time of adoption of these
regulations, or as vacating or annulling any rights obtained by any person, firm, or
corporation, by lawful action of the municipality except as shall be expressly
provided for in these regulations.
8A.9 Reservations and Appeals
Upon the effective date of these regulations according to law, the original
Subdivision Ordinance of Deweyville, Utah, as previously adopted and as amended,
is hereby repealed, except as to any design or construction standards and
specifications not included or updated in this code and any other such sections
expressly retained herein.
For the purpose of providing the public health, safety, and general welfare, the
Town Council may from time to time amend the provisions imposed by the
subdivision regulations. Public hearings on all proposed amendments shall be held
by the Planning Commission and Town Council in the manner prescribed by law
and outlined in chapter 1 of this Code.
Regulation of the subdivision of land and the attachment of reasonable conditions
to land subdivision is an exercise of valid police power delegated by the State to this
Municipality. The developer has the duty of compliance with reasonable conditions
for design, dedication, improvement, and restrictive use of the land so as to conform
to the physical and economical development of Deweyville and to the safety and
general welfare of the future lot owners in the subdivision and of the community at
8A.12 Vacation, Alteration or Amendment of Plats
The Town Council may, on its own motion, or pursuant to a petition, consider
proposed vacations, alterations or amendments of a subdivision plat, or any street,
lot, alley or public use area contained in a subdivision plat, as provided in Section
10-9a-608 through 10-9a-609.5 of the Utah Code, Annotated (1953) as amended.
8A13.1 Any person or entity desiring a waiver or modification of the requirements
of a land use ordinance as applied to a parcel of property that he owns,
leases, or in which he holds some other beneficial interest may apply to the
applicable appeal Authority for a variance from the terms of the ordinance.
8A.13.2 The appeal Authority may grant a variance only if:
Town of Deweyville Land Management and Development Code
(a) literal enforcement of the ordinance would cause an unreasonable
hardship for the applicant that is not necessary to carry out the
general purpose of the land use ordinances;
(b) there are special circumstances attached to the property that do
not generally apply to other properties in the same zone;
(c ) granting the variance is essential to the enjoyment of a
substantial property right possessed by other property in the same
(d) the variance will not substantially affect the general plan and will
not be contrary to the public interest; and
(e) the spirit of the land use ordinance is observed and substantial
In determining whether or not enforcement of the land use ordinance would cause
unreasonable hardship, the appeal Authority may not find an unreasonable hardship
unless the alleged hardship:
(a) is located on or associated with the property for which the
variance is sought; and
(b) comes from circumstances peculiar to the property, not from
conditions that are general to the neighborhood.
(c ) In determining whether or not enforcement of the land use
ordinance would cause unreasonable hardship under Subsection
(2)(a), the appeal Authority may not find an unreasonable
hardship if the hardship is self-imposed or economic.
In determining whether or not there are special circumstances attached to the
property, the Appeal Authority may find that special circumstances exist only if the
(a) relate to the hardship complained of; and
(b) deprive the property of privileges granted to other properties in
the same zone.
8A.13.3 The applicant shall bear the burden of proving that all of the conditions
justifying a variance have been met.
8A.13.4 Variances run with the land.
8A.13.5 The appeal Authority may not grant a use variance.
8A.13.6 In granting a variance, the appeal Authority may impose additional
requirements on the applicant that will:
(a) mitigate any harmful affects of the variance; or
(b) serve the purpose of the standard or requirement that is
waived or modified.
A petition for any such variance shall be submitted in writing in accordance with
the Land Management and Development Code and on a letter of application
provided to the Town by the subdivider at the time the preliminary plat is filed or
submitted. The petition shall state fully the grounds for the application and all of
the facts relied upon by the petitioner.
8A.14 Enforcement, Violations, and Penalties
It shall be the duty of the Zoning Administration and/or the Mayor to enforce these
regulations and to bring to the attention of the Town Attorney and Town Council
any violations or lack of compliance herewith.
8A.14.2 Sale Restrictions
No owner, or agent of the owner, of any parcel of land located in a proposed
subdivision shall transfer or sell any such parcel before a plat of such subdivision
has been approved by the Planning Commission and Town Council in accordance
with the provisions of these regulations, and filed with the County Recorder.
8A.14.3 Evasion and Adjustments
The subdivision of any lot or any parcel of land, by the use of metes and bounds
description for the purpose of sale, transfer, or lease with the intent of evading these
regulations, shall not be permitted. Except that the Town may approve metes and
bounds descriptions for purposes of lot line adjustments, resolving conflicting
boundary descriptions, and the recombination of old historically platted properties
located within Deweyville. All such described subdivisions shall be subject to all of
the requirements contained in these regulations.
8A.14.4 Permitting Restriction
No building permit shall be issued for the construction of any building or structure
Town of Deweyville Land Management and Development Code
located on a lot or plat subdivided or sold in violation of the provisions of these
8A.14.5 Violations and Penalties
Any person, firm, or corporation who fails to comply with, or violates, any of these
regulations shall be guilty of a Class C misdemeanor.
8A.14.6 Civil Enforcement
Appropriate actions and proceedings may be taken by law or in equity to prevent
any violation of these regulations, to prevent unlawful construction, to recover
damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of
a building, structure or premises, and these remedies shall be in addition to the
penalties described above.
8B Subdivision Application Procedure and Approval Process
8B.1 General Procedure
8B.1.1 Classification of Subdivisions
Whenever any subdivision of land is proposed, before any contract is made for the
sale of any part thereof, and before any permit for the erection of a structure in such
proposed subdivision shall be granted, the subdividing owner, or his authorized
agent, shall apply for and secure approval of such proposed subdivision in
accordance with the following procedure, which includes basically two (2) steps for
a minor subdivision and three (3) steps for a major subdivision (see chapter 2 for
detailed definitions of a major and minor subdivision):
(a) Minor Subdivision: sketch plat and final subdivision plat.
(b) Major Subdivision: sketch plat, preliminary plat, and final
8B.1.2 Official Submission Dates
At its discretion, the Planning Commission May waive one or more of the steps in
the approval process by allowing the subdivider to combine the requirements of
both preliminary and final subdivision plats into a single submittal. For the purpose
of these regulations, for both major and minor subdivisions, the date of the regular
meetings of the Planning Commission at which the public hearings on final
approval of the subdivision plat, including any adjourned date thereof, is closed,
shall constitute the official submittal date of the plat at which the statutory period
required for formal approval or disapproval of the plat shall commence to run.
8B.1.3 Coordination of Master Planned Development Application with
8B.1.3.1 Concurrent Review
It is the intent of these regulations that subdivision review be carried out
simultaneously with the review of Master Planned Developments.
Required applications shall be submitted in a form to satisfy both the
requirements of the subdivision regulations and master planned
development provisions of the Town Land Management and Development
Code. Any project falling within the Sensitive Lands Area Overlay Zone
may be subject to additional requirements and regulations as outlined in
the Sensitive Area Overlay Zone Regulations.
8B.1.3.2 General Requirement
All subdivisions and residential projects on contiguously owned property
larger than five acres or more than9 lots or residential units must be
processed as a Master Planned Development, subject to the provisions
outlined in Chapter 9. Subdivisions containing fewer than 10 units, except
for multifamily developments, would be exempt from this requirement,
unless the applicant wishes to be reviewed as a minor MPD (see chapter
9). Whenever the Land Management Code authorizes Master Planned
Development (MPD) applications which permit uses of land and density
of buildings and structures different from those which are allowed as of
right within the zoning district in which the land is situated, and/or the
application entails the division of the land, vacant or improved, into two
(2) or more lots, parcels, sites, units, plots, or interests for the purpose of
offer, sale, lease, or development, either on the installment plan or upon
any or all other plans, terms, or conditions, including re-subdivision,
whether residential or nonresidential, subdivision approval of the
application shall be required by the Planning Commission and Town
council in addition to all other procedures and approvals required in the
Land Management Code, whether or not such zoning procedures also
require Town Council approval, review or recommendation.
8B.1.3.3 Procedure to be followed:
(a) Sketch Plan and Preliminary Plat Approval
Required. Whenever a Master Planned Development
(MPD) application is submitted which involves a
subdivision of land as set forth in this regulation, such
application shall be submitted first to the Planning
Department Staff authorized to accept such application
under the Land Management and Development Code.
The application shall be made on the forms required for
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Chapter 8 Subdivision Regulations Page 8-11
a sketch plat as set forth in Section 8B.2 of these
regulations and shall include all information required of
a sketch plat application as set forth herein. The
Planning Department shall thereupon refer the
application to the Staff Review members and Planning
Commission through sketch plat and preliminary plat
approval. The Planning Department shall also, when
applicable under the provisions of this Code, make such
reviews of use, density, and bulk standards as required
under the MPD zoning regulations.
(b) Referral Back for Zoning Approval. The Planning
Department and Town staff shall thereupon refer the
sketch plat and preliminary plat with its
recommendation of approval, conditional approval, or
disapproval, together with such recommendations and
reviews of use, density, and bulk standards as it was
required to make under the Master Planned
Development and Sensitive Area Overlay Zone
regulations of the Land Management and Development
Code, to the Planning Commission as authorized under
the Land Management Code to approve the application.
Application shall then be made to the Planning
Commission and Town Council for final plat approval.
No building permits or certificates of occupancy shall be
issued for the project until the zoning application for the
MPD has been finally approved and final subdivision
plat approval has been given and the subdivision plat is
recorded with the County Recorder.
8B.1.3.4 Re subdivisions of Master Planned Developments
A Master Planned Development may be subdivided or re subdivided for
purposes of sale or lease after the project plan has been finally approved
and development completed or partially completed. If however, the
subdivision or re subdivision of a Master Planned Development (MPD)
will create a new lot line, the applicant shall make application to the
Planning Department requesting Planning Commission approval of the
subdivision or re-subdivision. The Planning Commission and Town
Council shall approve the subdivision only if simultaneously an amended
MPD application is approved for the development plan by the Planning
Commission as having jurisdiction under the Land Management and
Development Code for all provisions governing use, density, and bulk
standards. The amended MPD application and plat must meet General
Plan and zoning density standards (as adjusted for any density bonuses
approved) or regulations for the zone in which the original MPD resides
8B.1.4 Phasing Plan Required.
8B.1.4.1 When a phasing plan is required
All residential subdivisions with 10 or more lots or condominiums shall
include a phasing plan which specifies the timing of public improvements
and residential construction. This plan must be submitted to the Planning
Commission at or before the submission of the preliminary plat.
8B.1.4.2 Phasing plan requirements
A phasing plan shall include:
(a) The number of units or parcels to be developed in each
phase and the timing of each phase.
(b) The timing on construction of public improvements and
subdivision amenities to serve each phase whether on
and/or off site.
(c ) The relationship between the public improvements in
the current subdivision and contiguous land previously
subdivided and yet to be subdivided.
8B.1.4.3 Phasing Consistency
If the subdivision is in an area covered by an approved Master Planned
Development which has a phasing plan, the phasing plan for the
subdivision shall be consistent with the phasing plan for the Master
A developer may request a revision of the phasing plan which may be
necessary due to such conditions as changing market conditions,
inclement weather or other factors.
8B.2 Sketch Plat
8B.2.1 Discussion of Requirements
Before preparing the sketch plat for a subdivision, the applicant should arrange for
a pre application conference with the Planning Department or Planning
Commission to discuss the procedure for approval of a subdivision plat and the
specifications and requirements as to general layout of streets and for reservations
of land, street improvements, drainage, water, sewerage, fire protection, mitigation
of environmental impacts as determined, and similar matters, as well as the
availability of existing services. Concurrent review of MPD requirements, if
applicable may also be discussed at this time.
The Planning Department shall also advise the applicant, where appropriate, to
discuss the proposed subdivision with those agencies who must eventually approve
those aspects of the subdivision plat coming within their jurisdiction; such as, the
South Box Elder Fire District, South Box Elder School District, and the various
utility service providers. Neighbors of the planned project should also be consulted
to get their views and/or concerns.
8B.2.2 Application Procedure and Requirements
Prior to any process or procedure for subdividing land as contained in this code, an
owner of the land or his/her representative shall file an application for approval of
a sketch plat. The application shall:
(a) Form. Be made on a form available at the office of the Planning
Commission containing the following elements.
(b) Holdings Disclosure. Include all contiguous holdings of the
owner, unless specifically waived by the Planning Commission,
including land in the "same ownership," as defined herein, with
an indication of the portion which is proposed to be subdivided,
accompanied by an affidavit of ownership, which shall include
the dates the respective holdings of land were acquired, together
with the book and page of each conveyance to the present owner
as recorded in the County Recorder's office. The affidavit shall
advise as to the legal owner of the property, the contract owner
of the property, the date a contract of sale was executed, and, if
any corporations are involved, a copy of the resolution legally
empowering the applicant to make the application.
(c ) Copies. Be accompanied by a minimum of nine (9) copies of the
sketch plat as described in these regulations and complying in all
respects with these regulations.
(d) Delivery. Be presented to and received by the Planning
Commission Chair or Town Clerk/Recorder.
(e) Fee. Be accompanied by a review fee in accordance with the
adopted Fee Ordinance of Deweyville in effect at the time the
application is filed.
(f) Contact. The application shall include an address and telephone
number of an agent located within either the territory of
Deweyville or the State of Utah who shall be authorized to
receive all notices required by these regulations.
(g) Surrounding Owners. Be accompanied by a list of all property
owners within one thousand (1000) feet of the proposed
subdivision boundary (or 2500 feet if a re-zone is necessary).
Tentative classification of the sketch layout shall be made by the staff review team,
technical review committee and/or Planning Commission members as to whether
the subdivision is a major or minor subdivision as defined in these regulations or
must be also be submitted as a Master Planned Development. Subsequent to
classification of the subdivision and its preliminary report, as required by these
regulations, the Planning Department shall place the matter on the next available
regular meetings agenda of the Planning Commission for formal approval of the
sketch layout. After such approval by the Planning Commission, the applicant may
proceed directly to the filing of a final subdivision plat as provided in these
regulations if classified as a minor subdivision, and, if classified as a major
subdivision, an application for approval of a preliminary plat, as provided in these
regulations, before filing for a final subdivision plat approval.
8B.2.4 Review of Sketch Plat
The Staff Review members shall consider and render a report to the next regular
meeting of the Planning Commission concerning the sketch plat. The Planning
Department staff shall transmit the sketch plat for review to appropriate officials
or agencies of the local government, adjoining counties or municipalities, school,
fire and other special service type districts, and other official bodies as it deems
necessary or as mandated by law, including any review required by metropolitan,
regional, or state bodies under applicable state or federal law. The Planning
Department shall request that all officials and agencies, to whom a request for
review has been made, submit their report to the staff review team within seven (7)
calendar days after receipt of the request. The staff review members will consider
all the reports submitted by the officials and agencies concerning the sketch plat
and shall submit a report for proposed action to the Planning Commission for the
next available regular meetings.
Once an application is received, the staff will work diligently to review the
application, as quickly as time and workload allows. It is reasonable to expect that
an application will appear before the Planning Commission with a recommendation
within 90 days of receipt of the application. The scale or complexity of a project or
staff workload may necessitate a longer processing period. In such cases, the staff
will notify the applicant when an application is filed as to the projected time frame.
If the work load is too great for processing by available Town Staff, the project
review may be sent out to a consulting planner, engineer or architect approved by
the Town. The developer would be responsible for all fees incurred in any plan or
development review process undertaken by an outside agency or consultant.
8B.2.5 Planning Commission Review of Sketch Plat
The Planning Commission shall study the sketch plat and the report of the staff,
taking into consideration the requirements of the Subdivision Ordinance and the
best use of the land being subdivided. Particular attention will be given to the
arrangement, location and width of streets, their relation to sewerage disposal,
drainage, utilities, erosion, location of natural or geologic hazards, lot sizes and
arrangement, the further development of adjoining lands as yet unsubdivided, and
the requirements of the Official Zoning Map, General Plan, Land use map(s) and
Streets Master Plan, as adopted by the Planning Commission and Town Council.
8B.2.6 Approval of Sketch Plat
After reviewing and discussing the sketch plat and report from the Staff Review
team and other reports, as submitted by invited agencies and officials, the Planning
Commission will advise the applicant of the specific changes or additions, if any,
it will require in the layout, and the character and extent of required improvements
and reservations which it will require as a prerequisite to the approval of the
subdivision plat. The Planning Commission may require additional changes as a
result of further study of the subdivision in final form. Said approval shall constitute
authorization to prepare and submit a preliminary plat in the case of a major
subdivision and a final subdivision plat in the case of a minor subdivision.
Approval of the sketch plat by Planning Commission shall expire within one year
unless a preliminary plat or a final plat in the case of a minor subdivision, in
compliance with the following section, has been submitted for review.
8B.3 Preliminary Plat
8B.3.1 Application Procedure and Requirements
Based upon the approval of the Planning Commission of the sketch plat for a major
subdivision, the applicant should file an application for approval of a preliminary
plat. The application shall:
(a) Form. Be made on a form available at the office of the Planning
Department or in letter containing the following elements if
approval to file by letter is granted by the Planning Commission.
(b) Surrounding Owners. Include all land which the applicant
proposes to subdivide and all land immediately adjacent
extending one thousand (1000) feet therefrom, or of that directly
opposite thereto, extending one thousand (1000) feet from the
street frontage of such opposite land, with the names and
addresses of the owners as shown on the County Assessor's tax
files, together with a stamped, addressed envelope for each such
owner. The mailing address information may be shown on a
separate current tax map reproduction from the Assessor's Office
showing the subdivision imposed thereon.
(c ) Copies. Be accompanied by a minimum of Nine (9) copies of the
preliminary plat as described in these regulations.
(d) Prior Regulations. Comply in all respects with the sketch plat as
(e) Presentation. Be presented to the Planning Department at least
two (2) weeks prior to the Staff Review meetings and four (4)
weeks prior to a regular meetings of the Planning Commission.
The Planning Department may refer the proposed preliminary
plat to the Staff Review and/or Technical Review Committee
members or hold work sessions for their review,
recommendations, and report. Such report shall be submitted in
writing to the Planning Commission prior to the next regular
meeting of the Planning Commission.
8B.3.2 Public Hearings
The Planning Commission shall hold a public hearing on the preliminary plat. Such
hearings shall be advertised in accordance with the requirements of Chapter 1 of
the Land Management and Development Code and in the same manner as the
subsequent public hearings on the final subdivision plat; except, however, that the
Planning Commission may, at its sole discretion, combine the required hearings for
both preliminary and final subdivision plat approval.
8B.3.3 Preliminary Approval
After the Planning Commission has reviewed the preliminary plat and the report
of the staff including any Town recommendations and testimony and exhibits
submitted at the public hearing, the applicant shall be advised of any required
changes and/or additions. One copy of the proposed preliminary plat shall be
returned to the developer with the date of approval, conditional approval, or
disapproval and the reasons therefore accompanying the plat. Before the
Commission approves a preliminary plat showing land for public use (other than
proposed public streets) proposed to be dedicated to the local government, the
Planning Commission shall obtain preliminary approval of the park or land
reservation from the Town Council. If the project involves a conservation type
easement, the Commission must receive approval or comments from an approved
Land Trust involved in the transaction.
8B.3.4 Public Improvements
The Planning Commission may require that all public improvements be installed
and dedicated prior to the signing of the final subdivision plat by the Chairman of
the Planning Commission. If the Planning Commission elects not to require that
all public improvements be installed and dedicated prior to signing of the final
subdivision plat by the Chairman of the Planning Commission, the amount of the
guarantee, in compliance with the requirements of the Land Management and
Development Code, shall be established by the Planning Commission based upon
the recommendation of the Town Engineer, which shall be submitted by the
applicant at the time of application for final subdivision plat approval. The
Planning Commission shall require the applicant to indicate on both the
preliminary and final plat all roads and public improvements to be dedicated, all
special districts for water, sewer, fire, and other utility improvements which shall
be required to be established or extended, all Town approved street names and
addresses, and any other special requirements deemed necessary by the Planning
Commission in order to conform the subdivision plat to the Official Zoning Map
and the Master Plans of Deweyville.
8B.3.5 Effective Period of Preliminary Approval
The approval of a preliminary plat shall be effective for a period of one year at the
end of which time final approval on the subdivision must have been obtained from
the Planning Commission, although the plat need not yet be signed and filed with
the County Recorder. Any plat not receiving final approval within the period of
time set forth herein shall be null and void, and the developer shall be required to
resubmit a new application and plat for preliminary approval subject to all new
review requirements, zoning restrictions and subdivision regulations that may be
8B.3.6 Zoning Regulations
Every plat shall conform to existing zoning regulations and subdivision regulations
applicable at the time of proposed final approval, except that any plat which has
received preliminary approval shall be exempt from any subsequent amendments
to the Land Management and Development Code rendering the plat non
conforming as to bulk or use, provided theP final approval is obtained within the
8B.4 Final Subdivision Plat
8B.4.1 Application Procedure and Requirements
Following the approval of the sketch plat in the case of a minor subdivision, or of
the preliminary plat in the case of a major subdivision, the applicant, if he wishes
to proceed with the subdivision, shall file with the Planning Department an
application for final approval of a subdivision plat. The application shall:
(a) Form. Be made on a form available at the office of the Planning
Department or in letter form containing the following elements
if approval to file by letter is granted by the Planning
(b) Scope and Highway Access. Include the entire subdivision, or
section thereof, which derives access from an existing state,
county or local government highway.
(c ) Copies. Be accompanied by a minimum of six (6) copies of the
subdivision plat and the three (3) sets of construction plans, as
described in these regulations.
(d) Compliance with Prior Submissions. Comply in all respects
with the sketch plat and/or preliminary plat, as approved,
amended, or conditional - whichever is applicable, depending
upon the classification of the subdivision.
(e) Submission Schedule. Be presented to the Planning Department
at least four (4) weeks prior to a regular meeting of the Planning
Commission in order that a public hearings may be scheduled
and the required notice given in accordance with chapter 1 of the
Land Management Code and Development Code. The date of the
regular meetings of the Planning Commission at which the
public hearings on final approval, including any adjourned date
thereof, is closed, shall constitute the official date of the plat for,
the purposes of these regulations.
(f) Dedications. Be accompanied by all formal irrevocable offers of
dedication to the public of all required streets, Town of
Deweyville uses, utilities, parks, and easements, in a form
approved by the Town Attorney; and the subdivision plat shall be
marked with a notation indicating the formal offers of dedication
"The owner, or their representative, hereby irrevocably
offers for dedication to the Town of Deweyville all the
streets, land for local government uses, easements,
parks and required water and sewer utilities and
easements shown on the subdivision plat and
construction plans in accordance with an irrevocable
offer of dedication."
If required by the Town Attorney, the applicant shall
deliver a full covenant and warranty deed to all such
lands in proper form for recording, together with a title
policy for the Town of Deweyville in the sum not less
than Ten Thousand Dollars ($10,000.00), which sum
shall be determined by the Town Attorney and or
Engineer before signing of the final subdivision plat.
(g) Performance Guarantee. Be accompanied by the performance
guarantee, if required, in a form satisfactory to the Town
Attorney and in an amount established by the Planning
Commission, in accordance with the provisions of the Land
Management and Development Code, upon recommendation of
the Town Engineer and shall include a provision that the
principal of the guarantee shall comply with all the terms of the
resolution of final subdivision plat approval as determined by the
Planning Commission and shall include, but not be limited to,
the performance of all required subdivision on-site and off-site
improvements, and that all improvements and land included in
the irrevocable offer of dedication shall be dedicated to the local
government free and clear of all liens and encumbrances on the
(h) Surrounding Owners. Be accompanied by a list of owners of
property immediately adjacent extending one thousand (1000)
feet therefrom, or of that directly opposite thereto extending one
thousand (1000) feet from the street frontage of such opposite
property owners as are correct within the knowledge of the
applicant as shown on the latest tax assessment roll, together
with a stamped, addressed envelope for each such owner.
(i) Proof of Utility Service. Be accompanied by an inspection fee in
an amount to be determined on the basis of the provisions of
these regulations, as established by ordinance, and by written
assurance from the public utility companies and improvement
districts if applicable or extended, that necessary utilities will be
installed and proof that the applicant has submitted petitions in
writing for the creation or extension of any improvement districts
as required by the Planning Commission upon preliminary plat
(j) Outstanding Obligations. Provide evidence that all property
taxes are current and that no other Town debts or obligations are
outstanding and now liens or encumbrances are placed on the
(k) Title Policy. Provide a title report or commitment for title
insurance from a licensed title company and no older than thirty
8B.4.2 Notice of Public Hearing
Upon receipt of formal application and all accompanying material, the Planning
Department shall schedule a public hearing for the next scheduled meeting of the
Planning Commission for which adequate notice, in compliance with the noticing
requirements contained in Chapter 1 of the Land Management and Development
Code, can be given.
8B.4.3 Public Hearing and Determination
After the public hearing, the Planning Commission shall, within thirty (30) days
after closing of the public hearing, approve, modify and approve, or disapprove the
subdivision application by resolution which shall set forth in detail any conditions
to which the approval is subject, or reasons for disapproval. In the final resolution
the Town Council shall stipulate the period of time when the performance
guarantee shall be filed or the required improvements installed, whichever is
applicable. Provided, however, that no plats will be approved or released for
recording until necessary guarantees have been established in accordance with the
Land Management and Development Code. In no event shall the period of time
stipulated by the Town Council for completion of required improvements exceed
two (2) years from the date of the final resolution. One copy of the final subdivision
plat shall be returned to the subdivider with the date of approval, conditional
approval, or disapproval noted thereon, and the reasons therefore accompanying the
8B.4.4 Submission and Review
Subsequent to the resolution of the Planning Commission, four (4) paper copies of
the construction plans; and Three (3) copies of the original of the subdivision plat
on reproducible Mylar; and four (4) copies of the subdivision plat on paper shall be
submitted to the Planning Department for final review. No final approval shall be
endorsed on the plat until the Towns review has indicated that all requirements of
the resolution have been met.
8B.4.5 Vested Rights
Vesting for purposes of zoning occurs upon the filing of a complete application
provided, however, that no vested rights shall accrue to any plat by reason of
preliminary or final approval until the actual signing of the plat by the Chairman
of the Planning Commission and the Mayor of Deweyville. All requirements,
conditions, or regulations adopted by the Planning Commission and Town Council
applicable to the subdivision or to all subdivisions generally shall be deemed a
condition for any subdivision prior to the time of the signing of the final plat by the
Chairman of the Planning Commission and Mayor. Where the Planning
Commission or Council has required the installation of improvements prior to
signing of the final plat, the Planning Commission or Council shall not
unreasonably modify the conditions set forth in the final approval.
8B.5 Signing and Recording of Subdivision Plat
8B.5.1 Signing of Plat
(a) When a guarantee of improvements is required, the Chairman
of the Planning Commission and Mayor shall endorse approval
on the plat after the guarantee has been approved by the Town
Council, and all the conditions of the resolution pertaining to the
plats have been satisfied.
(b) When installation of improvements is required, the Chairman
of the Planning Commission and Mayor shall endorse approval
on the plat after all conditions of the resolution have been
satisfied and all improvements satisfactorily completed. There
shall be written evidence that the required public facilities have
been installed in a manner satisfactory to the Town as shown by
a certificate signed by the Town Engineer and Town Attorney
that the necessary dedication of public lands and improvements
has been accomplished.
8B.5.2 Recording of Plat
(a) The Chairman of the Planning Commission and the Mayor of
Deweyville will sign the tracing cloth or reproducible Mylar
original of the subdivision plat and two (2) sepia prints of the
subdivision plat. The sepia prints will be returned to the
applicant's engineer with the original given to the applicant's title
(b) It shall be the responsibility of the developer's licensed title
company to file the original Mylar plat with the County Recorder
within thirty (30) days of the date of signature. Simultaneously
with the filing of the plat, the licensed title company shall record
the agreement of dedication together with such legal documents
as shall be required to be recorded by the Town Attorney.
(c ) In addition to the formal subdivision plat requirements of the
ecorder requires that an assessor's map be submitted that is 18"
x 18" square. Photographic or comparable reductions on sepia
paper are adequate for their purposes.
8B.5.3 Sectionalizing Major Subdivision Plats
Prior to granting final approval of a major subdivision plat, the Planning
Commission and Town Council may permit the plat to be divided into two or more
sections and may impose such conditions upon the filing of the sections as it may
deem necessary to assure the orderly development of the plat. The Planning
Commission and Town Council may require that the performance guarantee be in
such amount as is commensurate with the section or sections of the plat to be filed
and may defer the remaining required performance guarantee principal amount
until the remaining sections of the plat are offers for filing. The developer may also
file irrevocable offers to dedicate streets and public improvements only in those
sections submitted to be filed and defer filing offers of dedication for the remaining
sections until such sections, subject to any additional conditions imposed by the
Planning Commission, and offers shall be granted concurrently with final approval
of the balance of the plat. The approval of all remaining sections not filed with the
County Recorder shall automatically expire unless such sections have been
approved for filing by the Planning Commission, all fees paid, all instruments and
offers of dedication submitted and performance guarantees approved and actually
filed with the County Recorder within one year of the date of final subdivision
approval of the subdivision plat.
8C Assurance forCompletion and Maintenance of Improvements
8C.1 Improvements and Performance Guarantee
8C.1.1 Completion of Improvements
Before the plat is signed by the Chairman of the Planning Commission and the
Mayor, all applicants shall be required to complete, in accordance with the
Planning Commission's decision and to the satisfaction of the Town Engineer, all
the street, sanitary sewer, water and other improvements (i.e.: storm drainage,
trails, sidewalk, curb, gutter, street signs, etc.), including lot improvements on the
individual lots of the subdivision as required, specified in the final subdivision plat,
and as approved by the Planning Commission and the Town Council, and to
dedicate all applicable public improvements to the local government(s) involved in
the project, including any water right transfers to the Town, conservation easements
or dedications of public lands to Land Trusts, free and clear of all liens and
encumbrances on the property and public improvements thus dedicated.
8C.1.2 Performance Guarantees
The Town Council in its discretion may waive the requirement that the applicant
complete and dedicate all public improvements prior to the signing of the
subdivision plat, and that, as an alternative, the applicant post an acceptable
guarantee (in accordance with the supplementary regulations of this Code) at the
time of application for final subdivision approval in an amount estimated by the
Town Engineer, Planning Commission and Town Council as sufficient to secure
to the municipality the satisfactory construction, installation, and dedication of the
uncompleted portion of required improvements. The posting of guarantees are in
lieu of actual construction and are therefore established for the benefit of and inure
to the public at large and as such are not to be used for satisfying contractor or
mechanics liens or other unrelated obligations. The performance guarantee shall
also secure all lot improvements on the individual lots of the subdivision as may be
required. Such performance guarantee shall comply with all statutory requirements
and shall be satisfactory to the Town Attorney as to form, sufficiency, and manner
of execution as set forth in the Land Management Code.
The period within which required improvements must be completed shall be
specified by the Planning Commission and the Town Council in the resolution
approving the final subdivision plat and shall be incorporated in the guarantee and
shall not in any event exceed two (2) years from date of final approval. Such
guarantee shall be approved by the Town Council with surety and conditions
satisfactory to them. The Planning Commission may, upon proof of difficulty,
recommend to the Town Council extension of the completion date set forth in such
guarantee for a maximum period of one additional year. The Town Council may at
any time during the period of such guarantee accept a substitution of principal or
In the event the applicant's ability to post an acceptable guarantee is dependent
upon prior recordation of the plat due to requirements of the Interstate Land Sales
Act or other Federal law or regulations, the Town Council may authorize plat
approval and recordation upon receipt from the applicant of an executed and
acknowledged agreement signed by all owners of fee, leasehold, contract and
security interests in the subject property, in the form of a restrictive covenant that
the applicant will not sell, lease or otherwise convey any lot, parcel or portion of a
lot of the subject property unless he shall first as a condition precedent thereto,
satisfy the foregoing requirements of this Chapter as applicable. The agreement
shall be in recordable form, shall specifically provide that the encumbrance created
shall be deemed to be a covenant running with the land, binding on applicant's
successors and assigns, to install or guarantee installation of all required
improvements, and to pay all costs, including attorney's fees, which the Town may
incur in enforcing the terms and provisions of the agreement, and shall contain the
express irrevocable consent of all signers to vacation of the recorded plat if the
guarantee requirements have not been complied with within a specified time
determined by the Town Council of the date of recordation of the plat. The
encumbrance posed by the agreement shall only be released upon compliance by the
applicant or his successors with the provisions of this Code and the Agreement.
8C.1.3 Temporary Improvement
The applicant shall build and pay for all costs of temporary improvements required
by the Planning Commission or Town Engineer and shall maintain the same for the
period specified. Prior to construction of any temporary facility or improvement, the
developer shall file with the Town a separate suitable guarantee, in accordance with
this Code, for temporary facilities, which guarantee shall insure that the temporary
facilities will be properly constructed, maintained, and removed.
8C.1.4 Costs of Improvements
All required improvements shall be made by the applicant, at their expense, without
reimbursement by the Town or any improvement district therein, and in accordance
with related codes, fee schedules, and ordinances.
8C.1.5 Other Governmental Units
Other Governmental units which develop within the Town, and to which these
guarantees and contract provisions apply may file in lieu of said contract or
guarantees a certified resolution or ordinance from officers or agencies authorized
to act in their behalf, agreeing to comply with the provisions of this Code.
8C.1.6 Failure to Complete Improvement
For subdivisions for which no performance guarantee has been posted, if the
improvements are not completed within the period specified by the Planning
Commission and Town Council in the resolution approving the plat, the approval
shall be deemed to have expired. In those cases where a performance guarantee has
been posted and required improvements have not been installed within the terms
of such performance guarantee, the local government may thereupon declare the
guarantee to be in default and require that all the improvements be installed
regardless of the extent of the building development at the time the guarantee is
declared to be in default.
8C.1.7 Acceptance of Dedication Offers
Acceptance of formal offers of dedication of streets, public areas, easements, and
parks shall be by ordinance of the Town Council. The approval by the Planning
Commission of a subdivision plat shall not be deemed to constitute or imply the
acceptance by the Town Council of any street, easement, or park shown on said
plat. The Planning Commission may require said plat to be endorsed with
appropriate notes to this effect.
8C.2 Inspection of Improvements
8C.2.1 General Procedure and Fees
The Planning Commission in consultation with or upon the advice of the Town
Engineer or Zoning Administrator, shall provide for inspection of required
improvements during construction and insure their satisfactory completion. The
applicant shall, in accordance with the Town's fee ordinance, pay to the Town an
inspection fee and the subdivision plat shall not be signed by the Chairman of the
Planning Commission or Mayor unless such fee has been paid. These fees shall be
due and payable upon demand of the Town and no building permits or certificates
of occupancy shall be issued until all fees are paid. If the Town Engineer finds upon
inspection that any of the required improvements have not been constructed in
accordance with the Town's construction standards and specifications, the applicant
shall be responsible for completing the improvements. Wherever the cost of
improvements is covered by a performance guarantee, the applicant and the issuing
company shall be severally and jointly liable for completing the improvements
according to specifications. Prior to commencement of construction on any public
improvement or private improvement required to be built to public standards, the
developer shall first obtain a Notice to Proceed from the Planning Commission
8C.2.2 Release or Reduction of Performance Guarantee
8C.2.2.1 Certificate of Satisfactory Completion
Subject to maintenance provisions contained in this Code below, the Town
will not accept dedication of required improvements, or release or reduce
a performance guarantee, until the Town Engineer has submitted a
certificate stating that all required improvements have been satisfactorily
completed and until the applicant's engineer or surveyor has certified to
the Town Engineer, through submission of detailed "as-built" survey plats
of ,the subdivision, indicating location, dimensions, materials,
improvements and other information required by the Planning
Commission and Town Engineer, that the layout of the line and grade of
all public improvements is in accordance with the Town approved
construction plans for the subdivision and that a title insurance policy has
been furnished to the Town Attorney and Town Engineer indicating that
the improvements have been completed, are ready for dedication to the
local government and are free and clear of any and all liens and
encumbrances. Upon such approval and recommendation, the Town
Council shall thereafter accept the improvements for dedication in
accordance with the established policy and procedure
8C.2.2.2 Reduction of Performance Guarantee
A performance guarantee may be reduced upon actual completion and/or
acceptance of public improvements and then only to the ratio that the
public improvement accepted bears to the total public improvements for
the plat. In no event shall a performance guarantee be reduced below the
twenty-five percent (25%) retainage of the principal amount until total
8C.3 Escrow Deposits or Letters of Credit for Lot Improvements
8C.3.1 Acceptance of Escrow Funds
Whenever, by reason of the season of the year any lot improvements required by the
subdivision regulations cannot be performed, the Building Official may,
nevertheless, issue a temporary certificate of occupancy, provided there is no danger
to health, safety, or general welfare, upon accepting a cash escrow deposit or letter
of credit in an amount to be determined by the Town Engineer for the cost of said
improvements. The performance guarantee covering such lot improvements shall
remain in full force and effect.
8C.3.2 Procedures on Escrow Fund
All required improvements for which escrow moneys or letters of credit have been
accepted by the Building Official at the time of issuance of a certificate of
occupancy shall be installed by the developer within a period of nine (9) months
from the date of deposit and issuance of the temporary certificate of occupancy. In
the event that the improvements have not been properly installed, at the end of the
time period the Building Official shall give two (2) weeks written notice to the
developer requiring him to install same, and in the event that same are not installed
properly in the discretion of the Building Official, the Building Official may request
the Town Council to authorize the Town to proceed to contract out the work for the
installation of the necessary improvements in a sum not to exceed the amount of the
escrow deposit or letter of credit. At the time of the issuance of the certificate of
occupancy for which escrow moneys/letters of credit are being deposited with the
Building Official, the applicant shall obtain and file with the Building Official prior
to obtaining the certificate of occupancy a notarized statement from the purchaser
or purchasers of the premises authorizing the Building Official to install the
improvements at the end of the nine-month period in the event that the same have
not been duly installed by the developer.
8C.4 Maintenance of Improvements
8C.4.1 Prior to Completion
The applicant shall be required to maintain all improvements on the individual
subdivided lots and provide for snow removal on streets and sidewalks until
acceptance of said improvements by the Town Council. If there are any certificates
of occupancy on a street not dedicated to the Town, the Town may on twelve (12)
hours notice plow the street or effect emergency repairs and charge same to
applicant. The Town will not normally accept water improvements or street
improvements or assume responsibility for either general maintenance or snow
removal until over 50 % of the lots within the subdivision are built upon.
8C.4.2 Warranty after acceptance and dedication
The applicant shall be required to file a maintenance guarantee with the Town,
prior to acceptance, in an amount considered adequate by the Town Engineer and
in a form satisfactory to the Town Attorney, in order to assure the satisfactory
condition of the required improvements, including all lot improvements on the
individual subdivided lots for a period of one year after the date of their acceptance
by the Town and dedication of same to the local municipality.
8C.5 Waiver or Deferral of Required Improvements
The Planning Commission may recommend that the Town Council defer or waive
at the time of final approval, subject to appropriate conditions, the provision of any
or all such improvements as, in its judgment, are not requisite in the interests of the
public health, safety, and general welfare, or which are inappropriate because of
inadequacy or lack of connecting facilities.
Whenever it is deemed necessary by the Planning Commission to defer the
construction of any improvement required herein because of incompatible grades,
future planning, inadequate or lack of connecting facilities, or for other reasons, the
applicant shall pay his share of the costs of the future improvements to the Town
prior to the signing of the final subdivision plat, or the applicant may post a
guarantee insuring completion of said improvements upon demand of the Town.
8C.6 Issuance of Building Permits and Certificate of Occupancy
8C.6.1 Dedication before Certificate of Occupancy
Where a performance guarantee has been required for a subdivision, no certificate
of occupancy for any building in the subdivision shall be issued prior to the
completion of the improvements and dedication of same to the Town, as required
in the Planning Commission's and Town Council's final approval of the subdivision
8C.6.2 Street Improvements Guarantee
The extent of street improvements shall be adequate for vehicular access by the
prospective occupant and by police and fire equipment, prior to the issuance of any
occupancy permit. The developer shall at the time of the dedication submit moneys
in escrow or an acceptable letter of credit to the Town in a sum determined by the
Town Engineer for the necessary final improvement of the street.
8C.6.3 Final Building Permits
No building permits shall be issued for the final ten percent (10%) of lots in a
subdivision, or if ten percent (10%) is less than two (2), for the final two (2) lots of
a subdivision, until all public improvements required by the Planning Commission
for the plat have been fully completed and dedicated to the local government(s).
8C.7 Consumer Protection Legislation and Conflicts of Interest Statutes
8C.7.1 Violations Prior to Permit Issuance
No building permit or certificate of occupancy shall be granted or issued if a
developer or his authorized agent shall have violated any federal, state, or local law
pertaining to consumer protection of real estate land sales, promotion, or practices,
or any applicable conflicts-of-interest legislation with respect to the lot or parcel of
land which is the subject of the permit or certificate, until so ordered by a court of
8C.7.2 Revocation of Permits and Certificates of Occupancy
With respect to said lot or parcel of land, in the event a building permit or
certificate of occupancy has been granted or issued, it shall be subject to revocation
by the municipality until so ordered otherwise by a court of competent jurisdiction,
provided that in no event shall the rights of intervening innocent third parties in
possession of a certificate of occupancy be prejudiced by any such revocation.
8C.7.3 Penalties for Violation
Any violation of a federal, state, or local consumer protection law (including but not
limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act
of 1970; Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the
Uniform Commercial Credit Code; State "Blue Sky" laws; State subdivision
disclosure acts or conflicts of interest statute, law, or ordinance) shall be deemed
a violation of these regulations and subject to all of the penalties and proceedings
as set forth in this Code.
8D Requirements for Improvements, Reservations, and Design
8D.1 General Improvements
8D.1.1 Conformance to Applicable Rules and Regulations
In addition to the requirements established herein, all subdivision plats shall
comply with the following law, rules, adopted policy statements and regulations,
as currently adopted, unless otherwise approved by Town Council:
(a) All applicable statutory provisions.
(b) The Land Management and Development Code, Sensitive Lands
Overlay Zone regulations, International Building and related
Codes, Town design standards and specifications, and all other
applicable laws of the appropriate jurisdictions.
(c ) The Official Streets Master Plan, Deweyville Town General Plan,
Official Zone Map, Trails Master Plan, Public Utilities plans,
Land Use Maps and Capital Improvements Program of the Town
or any other Local Government having jurisdiction in the
development, including all streets, trails, drainage systems, and
parks shown on the Official Map or General Plan as adopted or
amended for the subdivision.
(d) The special requirements of these regulations and any rules of the
County Health Department, South Box Elder Fire District, South
Box Elder School District and/or appropriate State or Federal
Agencies that may have jurisdiction in the project. Compliance
with these agencies regulations must be certified by letter to the
Town or signature on the applicable plat(s) as provided for under
(e) The rules of the Utah Department of Transportation if the
subdivision or any lot contained therein abuts a state highway or
(f) The Deweyville Design Standards. Construction Specifications.
and Standard Drawings as may be in force and in effect and any
other standards and regulations adopted by the Town Engineer
and all Boards, Commissions, Agencies, and Officials of the
Town of Deweyville.
(g) Plat approval may be withheld if a subdivision is not in
conformity with the above guides or policy and purposes of these
regulations established in these regulations.
8D.1.2 Self-Imposed Restrictions
If the owner places restrictions on any of the land contained in the subdivision
greater than those required by this Code or these regulations, such restrictions or
reference thereto may be required to be indicated on the subdivision plat, or the
Planning Commission may require that restrictive covenants be recorded with the
County Recorder in form to be approved by the Town Attorney.
8D.1.3 Plats Straddling Municipal Boundaries, Annexations
Whenever a subdivision is proposed across land under County jurisdiction, the
Planning Commission may require the annexation of the property involved. In
general, lot lines and/or roads shall not be laid out so as to cross municipal
boundary lines. The annexation may be enlarged at the discretion of the Town to
avoid creating islands or peninsulas of incorporated territory that may me difficult
to manage. All annexations must comply with the current annexation policy
declarations in force at the time the annexation is proposed or a new annexation
policy must be prepared and approved.
If the area in the County is not annexed, the Town and County shall work together
in a cooperative arrangement or through an interlocal agreement, if necessary, to
insure that the portion of development lying in the County is as compatible as
possible with the Town codes, development regulations and General Plan.
The applicant shall place permanent reference monuments in the subdivision as
required herein or as otherwise approved by the Town Engineer.
(a) Monuments shall be constructed in accordance with the
Deweyville Design Standards, Construction Specifications and
Standard Drawings and located on street right-of-way lines, at
street intersections, angle points of curve and block corners. They
shall be spaced so as to be within sight of each other, the sight
lines being contained wholly within the street limits.
(b) All monuments shall be properly set in the ground and approved
by a Registered Land Surveyor prior to the time the Planning
Commission recommends approval of the final plat unless a
performance guarantee is established in accordance with the
provisions of this ordinance.
8D.1.5 Character of the Land and Unsuitability
Land which the Planning Commission or Town Council finds to be unsuitable for
subdivision or development due to natural hazards, flooding, improper drainage,
fire, steep slopes, rock formations, geologic hazards, potentially toxic wastes,
adverse earth formations or topography, wetlands, utility easements, wildlife
habitats that cannot be reasonably mitigated, Native American archeological sites
or other natural features, including ridge lines and hilltops, which will reasonably
be harmful to the safety, health, and general welfare of the present or future
inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided
The development and land use may be made suitable if adequate methods are
formulated by the developer and approved by the Town, upon recommendation of
a qualified planner or engineer hired by the developer and approval of the Town
Engineer, to solve or remedy the problems created by the unsuitable land
conditions. The burden of the proof shall lie with the developer to establish the
viability of development in these sensitive or unsuitable areas. Unsuitable land shall
be set aside or reserved for uses as shall not involve such a danger or severe
8D.1.6 Subdivision Name
The proposed name of the subdivision and all roadways contained therein shall not
duplicate, or too closely approximate phonetically, the name of any other
subdivision or street in the area covered by these regulations or in Box Elder
County, Utah. The Town Council shall have final Authority to designate the name
of the subdivision and to select street names, both of which shall be determined at
the time of sketch plat approval.
8D.1.7 Ridge Line and Hillside Development
Protection of ridges from development which would be visible on the skyline or
from prominent areas or designated vantage points in Deweyville will be
maintained. Hillside development which disturb the rural agricultural character of
Deweyville will be prohibited unless it can be shown that the development and
improvements will be constructed or clustered in a way to minimize visual impacts
on the Town.
8D.1.8 Open Space
Units must be clustered in the most developable and least visually sensitive portions
of the site with common open space corridors separating clusters. This applies to
both multi-family and single family as well as commercial projects. The open space
corridors should be designed to coincide with significant vegetation and in many
cases, should be left in the natural state. Open space areas will be the maintenance
responsibility of the homeowners unless dedicated to the Town. Open space
conservation easements dedicated in perpetuity to a Town qualified land trust are
encouraged to prevent future development in valuable open space.
8D.1.9 Roads, Utility Lines and Concurrence
Roads and all utility lines should be designed to work with the existing grade and
cut and fill slopes should be minimized. Roads and utilities should be placed so that
disturbance of significant vegetation is minimized. All roads and utilities, whether
on or off site must be installed concurrently with the development.
8D.1.10 Drainage Ways and Irrigation Ditches
Existing natural drainage and irrigation ditches or rights-of-ways should be
maintained and designed around. Notification and/or Approval of Irrigation
companies for development may be required in certain circumstances as determined
by the Town if the development impacts irrigation works and/or access.
8D.1.11 Soil Conditions
Consideration must be given to soil conditions and ground water existence and may
include appropriate setbacks and conservation requirements.
8D.1.12 Trails and Sidewalks
Trails and sidewalks should be provided to allow efficient internal circulation as
well as links to adjacent trail systems on other properties. Existing trails should be
maintained and incorporated into open space elements of the project. This may
include trails for pedestrian, bicycle, or equestrian circulation. Construction of new
trails will be required concurrently with the installation of other public
Although required trails may not link to adjacent trails immediately, each trail is
a vital part of an overall circulation plan. In most cases, the homeowners will be
required to maintain the trails.
8D.1.13 Limits of Disturbance/Vegetation Protection
A separate plan which addresses limits of disturbance and vegetation protection
during construction and re vegetation of disturbed areas will be required. This shall
include construction necessary for all project improvements such as roads and
8D.2 Lot Improvements
8D.2.1 Lot Arrangement
The lot arrangement shall be such that there will be no foreseeable difficulties, for
reasons of topography or other conditions, in securing building permits to build on
all lots in compliance with the International Building Code, this Code, and in
providing reasonable driveway access to buildings on such lots from an approved
In areas that are determined to be in high fire danger areas, the building sites shall
be located or situated in areas of the development that are less hazardous or are
naturally clear of the hazardous vegetation.
8D.2.2 Building Sites
Building sites or envelopes shall be designed which minimize disturbance of
The amount of common and private area available for formal landscaping may be
restricted. Agricultural uses of open space will be encouraged using irrigation water
for watering, not culinary water. Outside irrigation creates a significant water
demand if using Town culinary water and these type of irrigated areas may be
limited in the design of the subdivision.
8D.2.4 Limits of Disturbance/Vegetation Protection
Limits of disturbance or building pad lines shall be shown on the preliminary and
final plats if the staff determines that there is significant vegetation on the site or
if it is important to clearly designate future building locations. "Significant
vegetation" includes large trees of 6" caliper or greater, groves of 5 or more smaller
trees, or clumps of trees, bushes or shrubs covering an area of 50 square feet to the
drip lines. A plan for vegetation protection during construction and re-vegetation
after construction will also be required. A security will be required to be posted to
ensure compliance with the limits of disturbance plan. Guidelines are as follows:
(a) All construction activity must be contained within the limits of
disturbance line, with the balance of the parcel remaining
undisturbed. Access to the limits of disturbance area should be
along the planned driveway.
(b) Building pad lines may be specified on some plats instead of
limits of disturbance. If building pad lines are designated, no part
of the new construction may lie outside of the building pad line;
however, construction disturbance may extend as far as ten (10)
feet beyond the building pad line. Access to the building pad
should be along the planned driveway.
(c ) The Planning Commission has the Authority to vary the platted
limits of disturbance or building pad line if such a variation
results in less visual impact or more effective preservation of
mature trees. In no case, however, should a variation in the limits
of disturbance boundary result in an increase in the amount of
(d) Limits of disturbance or building pad lines with definitions as
approved by the staff must be reflected on the final plat. Because
limits of disturbance or building pad lines are sometimes varied
by the Planning Commission, the plat may not reflect the final
location of the limits.
(e) Limits of disturbance must be designated in the field prior to
commencement of excavation with fencing or other methods
approved by the Planning Commission.
8D.2.5 Square Footage
Maximum dwelling or unit square footage will be required. Smaller parcels will be
expected to limit building sizes significantly so that homes relate to the parcels
upon which they are built. Limited building heights may also be required for
visually sensitive areas. Both the limitations of building square footage's and
building height will be required to be shown on recorded plats for the project.
8D.2.6 Architectural or Design Standards
Architectural or design standards may be required on large projects or
developments which could have a significant effect on the small rural agricultural
character of Deweyville Town. These standards will be developed on a case by case
basis by the Town or its design review committee (as outlined in chapter 3 of this
code) which will result in compatible building design and materials within the
development and the respective zone. Guidelines should include consistency of roof
pitch, roofing materials, siding materials, colors, porch details, window types and
similar provisions. These guidelines should also be compatible with adjacent
developments. Buildings should be designed to blend and harmonize with the
existing environment rather than compete with it. Development approval may be
delayed a reasonable period of time while these standards are developed by the
8D.2.7 Fire Sprinkling
Fire sprinkler systems may be required of all projects as determined by the Town
Fire Department, whether single family or multi-family. This determination is
based upon an analysis of the size of structures, vegetation surrounding the
structures and location of the project as it relates to Fire Department response time.
8D.2.8 Staggered Front Set-Backs
In new subdivisions, front setbacks may be required to be staggered with
consideration of existing site conditions. The minimum front setbacks shall be
consistent with the zone in which the subdivision is proposed.
8D.2.9 Lot Dimensions
Lot dimensions shall comply with the minimum standards of the Land Management
and Development Code. Where lots are more than double the minimum required
area for the zoning district, the Planning Commission may require that such lots
be arranged so as to allow further subdivision and the opening of future streets
where they would be necessary to serve such potential lots, all in compliance with
this Code and these regulations. In general, side lot lines shall be at right angles to
street lines (or radial to curving street lines) unless a variation from this rule will
give a better street or lot plan. Dimensions of corner lots shall be large enough to
allow for erection of buildings, observing the minimum front-yard setback from
both streets. Depth and width of properties reserved or laid out for business,
commercial, or industrial purposes shall be adequate to provide for the off-street
parking and loading facilities required for the type of use and development
contemplated, as established in this Code.
8D.2.10 Double Frontage Lots and Access to Lots
(a) Double Frontage Lots. Double frontage and reversed frontage lots
shall be avoided except where necessary to provide separation of
residential development from traffic arterials or to overcome
specific disadvantages of topography and orientation.
(b) Access from Major and Secondary Arterials. Lots shall not, in
general, derive access exclusively from an arterial or collector
street. Where driveway access from an arterial or collector street
may be necessary for several adjoining lots, the Planning
Commission may require that such lots be served by a combined
access drive in order to limit possible traffic hazard on such
street. Where possible, driveways shall be designed and arranged
so as to avoid requiring vehicles to back into traffic on arterials
8D.2.11 Soil Preservation. Grading. and Seeding
8D.2.11.1 Top Soil Preservation and Final Grading
No final plat approval or certificate of occupancy shall be issued until final
grading has been completed in accordance with the approved final
subdivision plat and the lots recovered with top soil with an average depth
of at least six (6) inches which shall contain no particles over two (2)
inches in diameter over the entire area of the lot, except that portion
covered by buildings or included in streets, or where the grade has not
been changed or natural vegetation damaged. Topsoil shall not be removed
from residential lots or used as spoil, but shall be redistributed so as to
provide at least six (6) inches of cover on the lots and at least four (4)
inches of cover between the sidewalks and curbs, and shall be stabilized
by seeding or planting. Slope stabilization and erosion control, as
determined necessary by the Town Engineer, will also be required to be
installed according to the approved specification.
8D.2.11.2 Lot Drainage
Lots shall be laid out so as to provide positive drainage away from all
buildings in accordance with the International Building Code and
individual lot drainage shall be coordinated with the general storm
drainage pattern for the area. Drainage shall be designed so as to avoid
concentration of storm drainage water from any lot to adjacent lots.
8D.2.11.3 Lawn-Grass Seed and Sod
All lots shall be topsoiled and re-vegetated in accordance with this Code
to avoid erosion and improve the visual quality of the development.
Xeriscaping design with plants and materials approved by the Planning
Commission. If revegitation is required in a development and conventional
landscaping is desired by the developer, at a minimum, lawn-grass seed
shall be sown at not less than four (4) pounds to each one-thousand
(1,000) square feet of land area. In the spring, the seed shall be sown
between March 15 and May 15; and in the fall, the seed shall be sown
between August 15 and September 30. All lots shall be seeded from the
roadside edge of the unpaved right-of-way back to a distance of thirty (30)
feet behind the principal residence on the lot. No final plat approval or
certificate of occupancy shall be issued until re spreading of soil and
seeding of lawn has been completed; except that between October 1 and
March 15, May 15 and August 15, the applicant shall submit an
agreement in writing signed by the developer and/or the property owner,
with a copy to the Building Official, that re spreading of soil and seeding
of lawn will be done during the immediate following planting season as
set forth in this section and leave a cash escrow or letter of credit for
performance in such amount as shall be determined by the Building
Official in accordance with this Code. Sod may be used to comply with
any requirement of seeding set forth herein.
8D.2.12 Debris and Waste
Unless otherwise approved by the Town Engineer and Building Official, no cut
trees, timber, debris, earth, rocks, stones, soil, junk, trash, rubbish, or other waste
materials of any kind shall be buried in any land, or left or deposited on any lot or
street at the time of issuance of a certificate of occupancy, and removal of same
shall be required prior to issuance of any certificate of occupancy on a subdivision,
nor shall any be left or deposited in any area of the subdivision at the time of
expiration of the performance bond or dedication of public improvements,
whichever is sooner.
Each subdivider and/or developer shall be required to furnish and install fences
wherever the Planning Commission determines upon the recommendation of the
Zoning Administrator that a hazardous condition may exist. The fences shall be
constructed according to standards to be established by the Town Engineer and
shall be noted as to height and material on the final plat. No certificate of
occupancy shall be issued until said fence improvements have been duly installed.
8D.2.14 Water-Bodies and Water-Courses
If a tract being subdivided contains a water body or course, or portion thereof, lot
lines shall be so drawn as to distribute the entire ownership of the water body
among the fees of adjacent lots. The Planning Commission may approve an
alternative plan whereby the ownership of and responsibility for safe maintenance
of the water body is so placed that it will not become a Town responsibility. No
more than twenty-five per cent (25%) of the minimum area of a lot required under
the Land Management and Development Code may be satisfied by land which is
under water. Where a watercourse separates the buildable area of a lot from the
street by which it has access, provisions shall be made for installations of a culvert
or other structure, of design approved by the Town Engineer.
8D.2.15 Performance Guarantee to Include Lot Improvements
The performance guarantee shall include an amount to guarantee completion of all
requirements contained in this Chapter, the Supplemental Regulations Chapter of
this code and in these regulations including, but not limited to, soil preservation,
final grading, lot drainage, landscaping, lawn-grass seeding, curb, gutter and
sidewalk, removal of debris and waste, fencing, and all other lot improvements
required by the Planning Commission. Whether or not a certificate of occupancy
has been issued, at the expiration of the performance guarantee, the Town may
enforce the provisions of the guarantee where the provisions of this section or any
other applicable law, ordinance, or regulation have not been complied with.
8D.3.1 Frontage on Improved Roads
No subdivision shall be approved unless the area to be subdivided shall have
frontage on and/or access from an existing public street unless such street is:
(a) An existing state or county highway; or
(b) A street shown upon a plat approved by the Planning
Commission and recorded in the County Recorder's office. Such
street or highway must be suitably improved as required by the
highway rules, regulations, specifications, or orders, or be
secured by a performance guarantee required under these
subdivision regulations, with the width and right-of-way required
by these subdivision regulations or the Streets Master Plan.
Wherever the area to be subdivided is to utilize existing road
frontage, such road shall be suitably improved as provided herein
8D.3.2 Grading and Improvement Plan
Roads shall be graded and improved and conform to the Deweyville Design
Standards Construction Specifications. and Standard Drawings as adopted and shall
be approved as to design and specifications by the Town Engineer, in accordance
with the construction plans required to be submitted prior to final plat approval.
Prior to final plat approval the Town shall make the determination as to whether
each street is to be public or private. Such status shall be shown on the plat.
8D.3.3 Topography and Arrangement.
(a) Roads shall be related appropriately to the topography. Local
roads may be curved to avoid conformity of lot appearance and
to discourage through traffic. All streets shall be arranged so as
to obtain as many as possible of the building sites at, or above,
the grades of the streets. Grades of streets shall conform as
closely as possible to the original topography with all cut and fill
sections adequately stabilized and re vegetated. A combination of
steep grades and curves as well as large cut and fill sections shall
(b) All streets shall be properly integrated with the existing and
proposed system of thoroughfares and dedicated rights-of-way as
established in the Streets Master Plan or Land Use Maps or
(c ) All thoroughfares shall be properly related to specific traffic
generators such as industries, business districts, schools,
churches, and shopping centers; to population densities; and to
the pattern of existing, proposed, and future land uses.
(d) Minor or local streets shall be laid out to conform as much as
possible to the natural topography, to discourage use by through
traffic, to permit efficient drainage and utility systems, and to
require the minimum number of streets necessary to provide
convenient and safe access to property.
(e) The rigid rectangular gridiron street pattern need not necessarily
be adhered to, and the use of curvilinear streets, or U-shaped
streets shall be encouraged where such use will result in a more
(f) Proposed streets shall be extended to the boundary lines of the
tract to be subdivided, unless prevented by topography or other
physical conditions, or unless in the opinion of the Planning
Commission such an extension is not necessary or desirable for
the coordination of the layout of the subdivision with the existing
layout or the most advantageous future development of adjacent
(g) In business and industrial developments, the streets and other
access ways shall be planned in connection with the grouping of
buildings, location of transportation facilities, and the provision
of alleys, truck loading and maneuvering areas, and walks and
parking areas so as to minimize conflict of movement between
the various types of traffic, including pedestrian.
(h) Subdivisions shall be designed to provide adequate emergency
access to and from the development. The Planning Commission
may require more than one point of ingress and egress to better
facilitate emergency access and escape. The Fire Protection
District must approve the street design on large subdivisions.
(a) Blocks shall have sufficient width to provide for two (2) tiers of
lots of appropriate depths. Exceptions to this prescribed block
width shall be permitted in blocks adjacent to major streets, or
(b) The lengths, widths, and shapes of blocks shall be such as are
appropriate for the locality and the type of development
contemplated, but block lengths in residential areas should not
exceed one thousand two hundred (1,200) feet or ten (10) times
the minimum lot width required in the zoning district, whichever
is greater, nor be less than four hundred (400) feet in length.
Wherever practicable, blocks along major arterials and collector
streets shall be not less than one thousand (1,000) feet in length.
(c ) In long blocks the Planning Commission may require the
reservation of an easement through the block to accommodate
utilities, drainage facilities, or pedestrian traffic.
(d) Pedestrian ways or crosswalks, not less than ten (10) feet wide,
may be required by the Planning Commission through the center
of blocks more than eight hundred (800) feet long where deemed
essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation, trails, or other community
facilities. Blocks designed for industrial or commercial uses shall
be of such length and width as may be determined suitable by the
Planning Commission for prospective use.
8D.3.5 Access to Highway, Arterial or Collector Streets
Where a subdivision borders on or contains an existing or proposed highway,
arterial or collector, the Planning Commission may require that access to such
streets be limited by one of the following means:
(a) The subdivision of lots so as to back onto the highway, arterial or
collector and front onto a parallel local street; no direct access
shall be provided from the primary arterial or collector, and
screening shall be provided in a strip of land along the rear
property line of such lots.
(b) A series of U-shaped streets, or short loops entered from and
designed generally at right angles to such a parallel street, with
the rear lines of their terminal lots backing onto the highway,
arterial or collector roadway.
8D.3.6 Road Names
The sketch plat as submitted shall not indicate any names upon proposed streets.
The developer, upon consent of the Planning Commission and Town Council, shall
name all roads at the time of preliminary approval. Names shall be sufficiently
different in sound and in spelling from other road names in Box Elder County or
Deweyville, Utah so as not to cause confusion. A road which is or is planned as a
continuation of an existing road shall bear the same name.
8D.3.7 Road Regulatory Signs
The applicant shall erect or post acceptable guarantees ensuring each road sign
required by the Town Engineer at all road intersections. All road signs shall be
installed before issuance of certificates of occupancy for any residence on the streets
approved. Street name signs are to be placed at all intersections within and abutting
the subdivision, the type, design and location of which to be approved by the Town
Engineer. Street signs shall be designed according to Town specifications and
8D.3.8 Street Lights
Installation of street lights shall be required in accordance with Deweyville Design
and Specification Standards or as designated and located by the Planning
Commission or planning staff and shall be approved by the Town Engineer
8D.3.9 Reserve or Protection Strips
The creation of reserve or protection strips may be permitted adjacent to a proposed
street in such a manner as to deny access from adjacent property to such street,
provided such a strip is clearly shown on both the preliminary and final subdivision
8D.3.10 Construction of Roads and Dead-End Roads
8D.3.10.1 Construction of Roads
The arrangement of streets shall provide for the continuation of principal
streets between adjacent properties when such continuation is necessary
for convenient movement of traffic, effective fire protection, for efficient
provision of utilities, and where such continuation is in accordance with
the Streets Master Plan. If the adjacent property is undeveloped and the
street must be a dead-end street temporarily, the right-of-way shall be
extended to the property line. A temporary turnabout shall be provided on
all temporary Dead-End streets, with the notation on the subdivision plat
that land outside the normal street right-of way shall revert to abutters
whenever the street is continued. The Planning Commission may limit the
length of temporary dead-end streets in accordance with the design
standards of these regulations
8D.3.10.2 Dead-End Roads (Permanent)
Permanent dead-end roads including Cul-de-sacs must be designed so as
to not cause a safety hazard.
8D.3.11 General Design Standards
In order to provide for roads of suitable location, width, and improvement to
accommodate prospective traffic and afford satisfactory access to police, fire
fighting, snow removal, sanitation, and road-maintenance equipment, and to
coordinate roads so as to compose a convenient system and avoid undue hardships
to adjoining properties, the design standards for roads are hereby required to be in
compliance with the Deweyville Design Standards, Construction Specifications, and
Standard Drawings, and the Streets Master Plan, as adopted or as may otherwise
be determined by the Town Engineer and Planning Commission.
(a) All streets shall have a paving width as provided by the
Town Standards. Streets except arterial streets shall
have a right-of-way of 66 ft. Arterial streets shall have
a right-of -way of 80 ft. In the case of a MPD the rightof
way and street standards may be modified from the
66 foot standard if approved as part of the development
agreement. The 66 foot right-of-way must be used when
calculating the base density of the property. All setbacks
shall be as if there was a 66 foot right-of-way.
(b) All streets which are shown on the Deweyville Town
Master Street Plan if adopted or the land use/zoning
maps, shall be developed according to the size and
general location shown on the Street Plan. All streets
developed are to be dedicated to the Town as public
8D.3.12 Road Surfacing and Improvement
After Sewer and Water and other applicable utilities have been installed by the
developer, the applicant shall construct curbs and gutters (if required) and shall
surface or cause to be surfaced roadways to the widths prescribed in the pertinent
regulations. Said surfacing shall be of such character as is suitable for the expected
traffic. Types of pavement shall be determined by the Town Engineer. Adequate
provision shall be made for culverts, drains and bridges. All road pavement,
shoulders, drainage improvements and structures, curbs, turnarounds, and
sidewalks shall conform to all construction standards and specifications adopted by
the Town and shall be incorporated into the construction plans required to be
submitted by the developer for plat approval.
8D.3.13 Excess Right-of-Way
Right-of-Way widths in excess of the standards referenced in these regulations shall
be required whenever, due to topography, additional width is necessary to provide
adequate earth slopes. Such slopes shall not be in excess of three to one, unless
specifically approved by the Town Engineer.
(a) Streets shall be laid out so as to intersect as nearly as possible at
right angles. A proposed intersection of two (2) new streets at an
angle within ten (10) degrees of perpendicular is required. An
oblique street should be curved approaching an intersection and
should be approximately at right angles for at least one hundred
(100) feet therefrom. Not more than two (2) streets shall intersect
at any one point unless specifically approved by the Planning
(b) Proposed new intersections along one side of an existing street
shall, wherever practical, coincide with any intersections on the
opposite side of such street. Street jogs with center-line offsets of
less than one hundred and fifty (150) feet shall not be permitted.
Where streets intersect major streets, their alignment shall be
continuous. Intersections of major streets shall be at least eight
hundred (800) feet apart.
(c ) Minimum curb radius at the intersection of two (2) local streets
shall be at least twenty (20) feet; and minimum curb radius at an
intersection involving a collector street shall be at least twentyfive
(25) feet. Alley intersections and abrupt changes in
alignment within a block shall have the corners cut off in
accordance with standard engineering practice to permit safe
(d) Intersections shall be designed with a flat grade wherever
practical. In hilly or rolling areas, at the approach to an
intersection, a leveling area shall be provided having not greater
than a two percent (2%) slope for a distance of sixty (60) feet,
measured from the nearest Right-of-Way line of the intersecting
(e) Where any street intersection will involve earth banks or existing
vegetation inside any lot corner that could create a traffic hazard
by limiting visibility, the developer shall cut such ground and/or
vegetation (including trees) in connection with the grading of the
public Right-of-Way to the extent deemed necessary to provide
an adequate sight distance.
(f) The cross-slopes on all streets, including intersections, shall be
three percent (3%) or less.
Bridges of primary benefit to the applicant, as determined by the Planning
Commission, shall be constructed at the full expense of the applicant without
reimbursement from the Town. The sharing of expense for the construction of
bridges not of primary benefit to the applicant as determined by the Planning
Commission, will be fixed by special agreement between the Town Council and the
8D.3.16 Road Dedications and Reservations
(a) New Perimeter Streets. Street systems in new subdivisions shall
be laid out so as to eliminate or avoid new perimeter half-streets.
The Planning Commission may authorize a new perimeter street
where the subdivider improves and dedicates the entire required
street Right-of-Way width.
(b) Widening and Realignment of Existing Roads. Where a
subdivision borders an existing narrow road or when the Streets
Master Plan, Land Use Maps or Zoning Maps indicate plans for
realignment or widening a road that would require use of some
of the land in the subdivision, the applicant may be required to
improve and dedicate at his/her expense such areas for widening
or realignment of such roads that are necessary and for the
benefit of the subdivision. Such frontage roads and streets shall
be improved and dedicated by the applicant at his own expense
to the full width as required by these subdivision regulations.
8D.4 Drainage and Storm Sewers
8D.4.1 General Requirements
The Planning Commission shall not recommend for approval any plat of
subdivision which does not make adequate provision for storm or flood water runoff
channels or catch basins in their opinion. For major subdivisions the drainage plan
shall be such that the stormwater remains within the subdivision until it can be
reasonable accommodated through drain system. Plans shall be reviewed for
compliance with the Deweyville Design Standards, Construction Specifications, and
Standard Drawings or other standards as may be adopted. The storm water drainage
system shall be separate and independent of the sanitary sewer system. Storm
sewers, where required, shall be designed by the Rational Method, or other methods
as approved by the Town Engineer, and a copy of design computations shall be
submitted along with plans. Inlets shall be provided so that surface water is not
carried across or around any intersection, nor for a distance of more than six
hundred (600) feet in the gutter. When calculations indicate that curb capacities are
exceeded at a point, catch basins shall be used to intercept flow at that point.
Surface water drainage patterns shall be shown for each and every lot and block.
The applicant may be required by the Planning Commission, upon the
recommendation of the Town Engineer, to carry away by pipe or open channel any
spring or surface water that may exist either previously to, or as a result of the
subdivision. Such drainage facilities shall be located in the road Right-of-Way
where feasible, or in perpetual unobstructed easements of appropriate width, and
shall be constructed in accordance with the construction standards and
8D.4.3 Accessibility to Public Storm Sewers
(a) Underground Storm sewer systems shall be constructed
throughout the subdivision and be conducted to an approved outfall.
Inspection of facilities shall be conducted by the Town
(b) If a connection to a public storm sewer will be provided
eventually, as determined by the Town Engineer and the
Planning Commission, the developer shall make arrangements
for future storm water disposal by a public utility system at the
time the plat receives final approval. Provision for such
connection shall be incorporated by inclusion in the performance
guarantee required for the subdivision plat.
8D.4.4 Accommodation of Upstream Drainage Areas
A culvert or other drainage facility shall in each case be large enough to
accommodate potential runoff from its entire upstream drainage area, whether
inside or outside the subdivision. The developer shall hire a qualified engineer to
determine the necessary size of the facility, based on the provisions of the
construction standards and specifications assuming conditions of maximum
potential watershed development permitted by this Code and the General or Master
Plan. The Town Engineer must review and approve the design.
8D.4.5 Effect on Downstream Drainage Areas
The Town Engineer shall also require the developer's qualified engineer to study
the effect of each subdivision on existing downstream drainage facilities outside the
area of the subdivision. Town storm drainage studies together with such other
studies as shall be appropriate, shall serve as a guide to needed improvements.
Where it is anticipated that the additional runoff incident to the development of the
subdivision will overload an existing downstream drainage facility, the Planning
Commission may withhold approval of the subdivision until provision has been
made for the improvement of said potential condition in such sum as the Planning
Commission and Town Engineer shall determine. No subdivision shall be approved
unless adequate drainage will be provided to an approved drainage watercourse or
8D.4.6 Areas of Poor Drainage
Whenever a plat is submitted for an area which is subject to flooding, the Planning
Commission upon recommendation of the Town Engineer, may approve such
subdivision provided that the applicant fills the affected area of said subdivision to
an elevation sufficient to place the elevation of streets and lots at a minimum of
twelve (12) inches above the elevation of the maximum probable flood, as
determined by the Town Engineer. The plat of such subdivision shall provide for
an overflow zone along the bank of any stream or watercourse, in a width which
shall be sufficient in time of high water to contain or move the water, and no fill
shall be placed in the overflow zone nor shall any structure be erected or placed
therein. The boundaries of the overflow zone shall be subject to approval by the
Town Engineer. Development in areas of extremely poor drainage will not be
8D.4.7 Flood Plain Areas
The Planning Commission may, upon recommendation of the Town Engineer and
when it deems it necessary for the health, safety, or welfare of the present and
future population of the area and necessary to the conservation of water, drainage,
and sanitary facilities, prohibit the subdivision of any portion of the property which
lies within the flood plain of any stream or drainage course. These flood plain areas
should be preserved from any and all destruction or damage resulting from clearing,
grading, or dumping of earth, waste material, or stumps, except at the discretion of
the Planning Commission.
8D.4.8 Dedication of Drainage Easements
8D.4.8.1 General Requirements
Where a subdivision is traversed by a watercourse, drainage way, channel,
river or stream, there shall be provided a storm water easement or
drainage Right-of-Way conforming substantially to the lines of such
watercourse, and of such width and construction or both as will be
adequate for the purpose. Wherever possible, it is desirable that the
drainage be maintained by an open channel with landscaped banks and
adequate width for maximum potential volume of flow.
8D.4.8.2 Drainage Easements
(a) Where topography or other conditions are such as to
make impractical the inclusion of drainage facilities
within road rights-of-way, perpetual unobstructed
easements at least twenty (20) feet in width for such
drainage facilities shall be provided across property
outside the road lines and with satisfactory access to the
road. Easements shall be indicated on the plat. Drainage
easements shall be carried from the road to a natural
watercourse or to other drainage facilities.
(b) When a proposed drainage system will carry water
across private land outside the subdivision, appropriate
drainage rights must be secured and indicated on the
(c ) The applicant shall dedicate, either in fee or by drainage
or conservation easement of land on both sides of
existing watercourses, to a distance to be determined by
the Planning Commission and Town Engineer.
(d) Low-lying lands along watercourses including the Box
Elder Creek, Maple Creek, Dam Creek, Big Creek, and
spring drainages subject to flooding or overflowing
during storm periods, whether or not included in areas
for dedication, shall be preserved and retained in their
natural state as drainage ways. Such land or lands
subject to periodic flooding shall not be computed in
determining the number of lots to be utilized for average
density procedure nor for computing the area
requirement of any lot.
8D.5 Water Facilities
8D.5.1 General Requirement
Necessary action shall be taken by the applicant to extend or create a safe water
supply system for the purpose of providing a water-supply capable of providing
domestic water use and fire protection. All improvements whether on or off site
shall be constructed and paid by the developer. The impact of the development on
the Towns water system must be determined by the impact analysis process as
outlined in Chapter One of this code.
8D.5.2 Existing Systems
Where a public water main is accessible, the subdivider shall install adequate water
facilities (including fire hydrants) subject to the specifications of the State and
Town. All water mains shall be at least eight (8) inches in diameter.
Water main extensions and Water facilities improvements shall be approved by the
Town Engineer and the Town Council.
To facilitate the above, the location of all fire hydrants, all water storage and supply
improvements, and the boundary lines of proposed improvement districts,
indicating all improvements proposed to be served, shall be shown on the
preliminary plat, and the cost of installing the same, whether on or off the
development shall be included in the performance guarantee to be furnished by the
8D.5.5 Ownership of Facilities
Prior to approval of the Subdivision Plat by the Town Engineer, a determination
shall be made by the Town Council and Planning Commission as to the location
and extent of facilities to be maintained by Deweyville. Private facilities are not
8D.5.6 Fire Hydrants
Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located
no more than four hundred and fifty (450) feet apart and shall be approved by the
Fire Department and Town Engineer in accordance with International Fire Code
or the more stringent code if a conflict exists between Town and International Fire
Codes. In some instances, the Town may determine that due to wild-land fire
potential, hydrants will be required to be located no more than three hundred (300)
feet apart. To eliminate future street openings, all underground utilities for fire
hydrants, together with the fire hydrants themselves and all other water supply
improvements shall be installed before any final paving of a street shown on the
8D.5.7 Dedication of Water
As a condition of approval of the subdivision, the city council shall require each
developer to provide useable water for the development for outside and culinary use.
The amounts and conditions as provided in the city's water ordinance(s).
8D.6 Sewerage Facilities
8D.6.1 General Requirements
The applicant shall install sanitary sewer facilities in manner prescribed by the
Town construction standards and specifications. All plans shall be designed in
accordance with current Town, State and EPA rules, regulations, and standards.
Necessary action shall be taken by the applicant to extend sanitary sewer service for
the purpose of providing sewerage facilities to the subdivision. Off site requirements
may be necessary to meet impacts imposed by the development on the Towns Sewer
Facilities. The impact analysis required in chapter one of this code may be
necessary for approval of the development by the Planning Commission.
8D.6.2 Residential and Non-residential Subdivisions
Sanitary sewerage facilities shall connect with the public sanitary sewer at sizes
required by the Town and the Town Engineer. No individual disposal system or
treatment plants (private or group disposal systems) shall be permitted in the part
of the Town serviced by the sewer system and within three hundred (300) feet or
less of that system as measured from the subdivision property line closest to the
system lines. Sanitary sewerage facilities (including the installation of laterals in
the right-of-way and dedication of easements) shall be subject to the Town
specifications, rules, regulations, and guidelines and this Code. All major
subdivisions are required to extend the system to their development if their
residential density is greater than one residence per five (5) acres or the lots have
less than 130 feet of frontage on a street. Septic tank and drain-field systems are not
8D.6.3 Future Sewer Accessibility Requirements
If a subdivision has more than three (3) developable lots, including any future
phases and in the Towns opinion , the project is in an area that may be serviced
with a sewer system in the next 10 years, the Town Council or Planning
Commission may require sewer improvements to be installed in the subdivision.
These improvements must be constructed to current Town standards, properly
capped, marked as to their termination in the lots (with acceptable “as-built”
drawings provided to the Town) and be made separate from the septic system in
place or proposed. This system would make it more feasible and less costly and
troublesome on the residents of the subdivision in the future when the service would
be available and/or the connection would become mandatory.
8D.7 Sidewalks, Curbs, Hiking Trails, Bike Paths, Horse Trails
Sidewalks if required shall be included within the dedicated non-pavement right-ofway
of all roads unless an alternate location has been specifically approved by the
Planning Commission. In many cases pedestrian paths separate from the road right
of way may be preferable due to snow removal or visual concerns.
Concrete curbs are required for all roads where sidewalks are required by these
regulations and run along roads or where required in the discretion of the Planning
Sidewalks shall be improved as required in these regulations and shall be designed
to best facilitate their type of use and serve the public interest and safety.
8D.7.4 Pedestrian Paths
Trails, pedestrian paths, and bike paths shall be related appropriately to topography,
require a minimum of site disturbance, permit efficient drainage, and provide safe
8D.7.5 Other Trails
Walking and hiking trails, bike paths, and horse trails shall be provided by the
developer in accordance with the Town Trails Master Plan if adopted and/or where
otherwise necessary as determined by the Planning Commission. Trails should
connect traffic generators such as schools, recreation facilities, commercial areas,
parks, and other significant natural features. Such trails shall be built to Town
specifications and easements shall be dedicated for such trails. The trails shall be
constructed at the time of road construction, unless the Planning Commission
determines otherwise, in which case cash deposits shall be required pursuant to this
code for improvements.
8D.8 Other Utilities
Utility facilities including but not limited to gas, electric power, telephone, and
cable TV, shall be located underground in new subdivisions wherever underground
location does not violate safety standards of the particular utility and where such
underground location does not impose any potential additional maintenance burden
on Deweyville's streets and water/sewer personnel in the opinion of the Town
Council. Underground service connections for water and sewer shall be installed
to the street property line of each platted lot at the expense of the subdivider and
shall be marked on the surface, as shall casings or conduits for all other
underground utilities as determined by the Town Engineer.
(a) Easements centered on rear lot lines shall be provided for utilities
(private and municipal); such easements shall be at least ten (10)
feet wide. Proper coordination shall be established by the
subdivider between the applicable utility companies for the
establishment of utility facilities and easements to adjoining
(b) Where topographical or other conditions are such as to make
impractical the inclusion of utilities within the rear lot lines,
perpetual unobstructed easements at least ten (10) feet in width
shall be provided along side lot lines with satisfactory access to
the road or rear lot lines. All easements shall be indicated on the
(c ) Where necessary to ensure proper access and maintenance,
easement widths shall be increased as required by the Town
8D.9 Parks, Playgrounds, Recreation Areas and Other Public Uses
8D.9.1 Recreation Standards
The Planning Commission, in its review of each major subdivision, shall require
that land be reserved and improvements installed for parks and playgrounds or
other recreation purposes in locations designated on any Master Plans or otherwise
where such reservations would be appropriate and the park would benefit the
subdivision and its residents. Each reservation shall be of suitable size, dimension,
topography, and general character and shall have adequate access for the particular
purposes envisioned by the Planning Commission. The area shall be shown and
marked on the plat, "Reserved for Park and/or Recreation Purposes." The developer
will also be required to install improvements to the recreation areas. These
improvements will be built to Town specifications.
When recreation areas are required, the Planning Commission shall determine the
number of acres to be reserved using the following formula as a minimum:
providing one acre of recreation area for developments up to fifty (50) single family
dwelling units and one acre for every fifty (50) units or fractions thereafter. This
calculation equates to nine hundred seventy-one (971.2) square feet per single
family dwelling unit. The Planning Commission shall also determine the level of
improvements required. All required improvements shall be built to Town
specifications. The Planning Commission may refer such proposed reservations to
the Town official or department in charge of operating parks and recreation for
recommendation. The developer shall dedicate all such recreation areas and
facilities to the Town as a condition of final subdivision plat approval.
8D.9.2 Minimum Size of Park and Playground Reservations
In general, land reserved for recreation purposes shall have an area of at least one
acre. When the percentages from the above formula would create less than one acre,
the Planning Commission may require that the recreation area be located at a
suitable place on the edge of the subdivision so that additional land may be added
at such time as the adjacent land is subdivided. In no case shall an area of less than
one-half (½) acre be reserved for recreation purposes if it will be impractical or
impossible to secure additional lands in order to increase its area. This smaller
amount will be accepted only when it is on the edge of the subdivision or when the
staff feels that the reduced size will result in a functional and usable recreation site.
8D.9.3 Recreation Sites
Land reserved for recreation purposes shall be of a character and location suitable
for use as a playground, play field, or for other recreation purposes, and shall be
relatively level and dry; and shall be improved by the developer to the Town
standards required by the Planning Commission, which improvements shall be
included in the performance guarantee. The Planning Commission may refer any
subdivision proposed to contain a dedicated park to the Town official in charge of
parks and recreation for a recommendation. All land to be reserved for dedication
to the Town for park purposes shall have prior approval of the Town Council and
shall be shown marked on the plat "Reserved for Park and/or Recreation Purposes."
8D.9.4 Alternative Procedure for Subdivisions of Fewer than 25 Lots
Subdivisions, including commercial subdivisions, with fewer than 25 lots would
result in a land area of less than one-half (l/2) acre to be reserved for recreation
facilities. In this case the developer may pay an "In Lieu of" fee in those cases
where the "in-lieu-of" fee is specifically approved by or required by the Planning
Commission. Fees shall be paid on a per unit rate and be based upon fair market
value as indicated in the Town adopted Fee Schedule.
8D.9.5 Applicability to Land Utilizing Average Density
Any subdivision plat in which the principle of average density or flexible zoning
has been utilized shall not be exempt from the provisions of this section, except as
to such portion of land which is actually dedicated to the Town for park and
recreation purposes. The Town must agree with the placement of required parks
Town of Deweyville Land Management and Development Code
within the development. The development agreement document with the developer
is proof of Town approval of park placement.
8D.9.6 Other Recreation Reservations
The provisions of this section are minimum standards. None of the paragraphs
above shall be construed as prohibiting a developer from reserving other land for
recreation purposes in addition to the requirements of this section.
8D.9.7 Other Public Uses
(a) Plat to Provide for Public Uses. Except when an applicant
utilizes a master planned development concept in which land is
set aside by the developer as required by the provision of the
Land Management and Development Code, whenever a tract to
be subdivided includes a school, recreation uses, or other public
use as indicated on the Master Plan or any portion thereof, such
space shall be suitably incorporated by the applicant into the
sketch plat. After proper determination of its necessity by the
Planning Commission and the appropriate Town official or other
public agency involved in the acquisition and use of each such
site and a determination has been made to acquire the site by the
public agency, the site shall be suitably incorporated by the
applicant into the preliminary and final plats.
(b) Referral to Public Body. The Planning Commission shall refer
the sketch plat to the public body concerned with acquisition for
its consideration and report. The Planning Commission may
propose alternate areas for such acquisition and shall allow the
public body or agency 30 days for reply. The agency's
recommendation, if affirmative, shall include a map showing the
boundaries and area of the parcel to be acquired and an estimate
of the time required to complete the acquisition.
(c ) Notice of Property Owner. Upon receipt of an affirmative
report, the Planning Commission shall notify the property owner
and shall designate on both the preliminary and final plats that
area proposed to be acquired by the public body.
8D.10 Preservation of Natural Features and Amenities
Existing features which add Natural value or Historical amenities to the community
shall be retained. Buildings shall be sited in a manner that preserves significant
views. Ridges should be protected from development which would be visible on the
sky line from prominent areas or vantage points (as defined in chapter 10) in
Deweyville. Existing vegetation should also be retained as much as possible.
Vegetation protection shall be required during construction so that disturbance is
limited. Existing features such as water courses, rivers, irrigation works, wetlands,
historic sites, critical meadow lands, important vistas, and other irreplaceable assets
shall be preserved in the design of the subdivision. All trees on the plat required to
be retained shall be preserved, and all trees where required shall be welled and
protected against change of grade. The sketch plat shall show the number, size, and
location of existing trees as required by these regulations and shall further indicate
all those marked for retention, and the location of all proposed trees along the street
side of each lot. Any project falling within the Sensitive Lands Area Overlay Zone
may be subject to additional requirements and regulations as outlined in the
Sensitive Lands Regulations contained in chapter 10 of this code.
8D.11 Non-residential Subdivisions
If a proposed subdivision includes land that is zoned for agricultural, commercial
or industrial purposes, the layout of the subdivision with respect to such land shall
make such provision as the Planning Commission may require. A nonresidential
subdivision shall also be subject to all the requirements of site plan approval set
forth in the Land Management and Development Code. Site plan approval and
nonresidential subdivision plat approval may proceed simultaneously at the
discretion of the Planning Commission. A nonresidential subdivision shall be
subject to all the requirements of these regulations, as well as such additional
standards as are required by the Planning Commission, and shall conform to the
proposed land use and standards established in the General Plan, Streets Master
Plan, Land Use Maps, Land Management and Development Code, and Deweyville
Design Standards, Construction Specifications, and Standard Drawings.
In addition to the principles and standards in these regulations, which are
appropriate to the planning of all subdivisions, the applicant shall demonstrate to
the satisfaction of the Planning Commission that the street, parcel, and block
pattern proposed is specifically adapted to the uses anticipated and takes into
account other uses in the vicinity. The following principles and standards shall be
(a) Proposed agricultural or industrial parcels shall be suitable in
area and dimensions to the types of agricultural or industrial
(b) Street rights-of-way and pavement shall be adequate to
accommodate the type and volume of traffic anticipated to be
(c ) Special requirements may be imposed by the Town with respect
to street, curb, gutter, and sidewalk design and construction.
(d) Special requirements may be imposed by the Town with respect
to the installation of public utilities, including water, sewer, and
storm water drainage.
(e) Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or
industrial subdivision, including the provision of extra depth in
parcels backing up on existing or potential residential
development and provisions for a permanently landscaped buffer
strip and/or fencing when necessary or required.
(f) Streets carrying non-residential traffic, especially truck or
equipment traffic, shall not normally be extended to the
boundaries of adjacent existing or potential residential areas or
8E Specifications for Documents to be Sumitted
8E.1 Sketch Plat
Sketch plats submitted to the Planning Commission, prepared in pen or pencil,
shall be drawn to an engineers' scale of not more than one hundred (100) feet to an
inch and shall show the following information. These requirements are the
minimum, other information may be required by the Planning Commission as the
(a) Name of subdivision if property is within an existing
(b) Proposed name if not within a previously platted
subdivision. The proposed name shall not duplicate the
name of any plat previously recorded in Box Elder
(c ) Name of property if no subdivision name has been
chosen. (This is commonly the name by which the
property is locally known.)
(a) Name and address, including telephone number, of
legal owner or agent of property, a property report, and
citation of last instrument conveying title to each parcel
of property involved in the proposed subdivision, giving
grantor, grantee, date, and land records reference.
(b) Citation of any existing legal rights-of-way or
easements affecting the property.
(c ) Existing covenants on the property, if any.
(d) Name and address, including telephone number, of the
professional person(s) responsible for subdivision
design, for the design of public improvements, and for
Location of property by government lot, section, township, range and
county, graphic scale, north arrow, and acres.
(a) Location of property lines, existing easements, burial
grounds, mine or known geologic hazards, railroad
rights-of-way, water courses, and existing wooded areas
or trees eight (8) inches or more in diameter, measured
four (4) feet above ground level; location, width, and
names of all existing or platted streets or other public
ways within or immediately adjacent to the tract; names
of adjoining property owners from the latest assessment
rolls within one thousand (1000) feet of any perimeter
boundary of the subdivision.
(b) Location, sizes, elevations, and slopes of existing
sewers, water mains, culverts, and other underground
structures within the tract and immediately adjacent
thereto; existing permanent building and utility poles on
or immediately adjacent to the site and utility rights-ofway.
(c ) Approximate topography, at the same scale as the
sketch plat with at least 5-foot contour intervals.
(d) The approximate location and widths of proposed
(e) Preliminary proposals for connection with existing
municipal water supply and sanitary sewage systems;
preliminary provisions for collecting and discharging
surface water drainage.
(f) The approximate location, dimensions, and areas of all
proposed or existing lots.
(g) The approximate location, dimensions, and areas of all
parcels of land proposed to be set aside for park or
playground use or other public use, or for the use of
property owners in the proposed subdivision.
(h) The location of temporary stakes to enable the Planning
Commission to find and appraise features of the sketch
plat in the field.
(i) Whenever the sketch plat covers only a part of an
applicant's contiguous holdings, the applicant shall
submit, at the scale of no more than two hundred (200)
feet to the inch, a sketch in pen or pencil of the
proposed subdivision area, together with its proposed
street and trail system, and an indication of the probable
future street and drainage system of the remaining
portion of the tract. This requirement is to assure the
orderly development of the remaining property and
(j) A vicinity map showing streets and other general
development of the surrounding area. The sketch plat
shall show all school and improvement district Lines
with the zoning districts properly designated.
(k) A plan designating limits of disturbance for each parcel
and for subdivision improvements, such as utilities and
8E.2 Preliminary Plat
These preliminary plat requirements are the minimum, other information may be
required by the Planning Commission as the need dictates.
The preliminary plat shall be prepared by a licensed land surveyor at an engineers'
scale not more than one inch equals one hundred (100) feet, may be prepared in
pen, or pen and pencil, and the sheets shall be numbered in sequence if more than
one sheet is used and shall be of such size as is acceptable for filing in the office of
the County Recorder, but shall not be larger than 24" x 36". It should be noted that
the map prepared for the preliminary plat may also become the final subdivision
plat and, therefore, should be drawn on tracing cloth or reproducible Mylar
The preliminary plat shall show the following:
(a) The location of property with respect to surrounding property and
streets, the names of all adjoining property owners of record or
the names of adjoining developments, the names of adjoining
(b) The location and dimensions of all boundary lines of the property
to be expressed in feet and decimals of a foot.
(c ) The location of existing streets, easements, water bodies, rivers,
streams, and other pertinent features such as swamps, buildings,
parks, cemeteries, drainage or irrigation ditches, bridges, or as
determined by the Planning Commission.
(d) The location and width of all existing and proposed streets and
easements, alleys, trails, and other public ways, and easement
and proposed street rights-of-ways and building setback lines.
(e) The location, dimensions, and areas of all proposed or existing
(f) The location and dimensions of all property proposed to be set
aside for park or playground use, or other public or private
reservations and open space dedications, with designation of the
purpose thereof, types, and conditions, if any, of the dedication,
preservation or reservation.
(g) The name and address of the owner or owners of land to be
subdivided, the name and address of the subdivider if other than
the owner, and the name of the land surveyor.
(h) The date of the map, approximate true north point, scale, and
title of the subdivision.
(i) Sufficient data acceptable to the Town Engineer to determine
readily the location, bearing, and length of all lines, and to
reproduce such lines upon the ground, the location of all
(j) Names of the subdivision and all new streets, subject to the
approval of the Planning Commission.
(k) Indication of the use of any lot whether single-family, twofamily,
multi-family, agricultural, commercial, open space as
well as all uses other than those specified that are proposed by
Town of Deweyville Land Management and Development Code
Chapter 8 Subdivision Regulations Page 8-59
(l) All lots in each block shall be consecutively numbered.
(m) All information required on sketch plat should also be shown on
the preliminary plat, and the following notation shall also be
(1) Explanation of drainage easements, if any.
(2) Explanation of site easements, if any.
(3) Explanation of reservations and conservation easements.
(4) Owners dedication, if any, and Consent to Record as
required by applicable State Law.
(n) Form for endorsements by Planning Commission Chairman and
Mayor, as well as signature blocks for the Town Attorney, Town
Engineer, and Box Elder School District.
(o) Any restrictions or requirements necessary to ensure solar access
shall be defined as well as any view easements designated.
(p) All utility facilities existing and proposed throughout the
subdivision shall be shown on the preliminary plat or on
accompanying engineering plans.
(q) The lack of information under any item specified herein, or
improper information supplied by the applicant, shall be cause of
disapproval of a preliminary plat.
(r ) A plan designating limits of disturbance or building pads and
utilities corridors and connections for each parcel and for
subdivision improvements, such as utilities and roads.
8E.3 Construction Plans
Construction plans shall be prepared for all required improvements. Plans shall be drawn at
a scale of no more than one inch equals fifty (50) feet, and map sheets shall be of
the same size as the preliminary plat. These requirements are the minimum, other
information may be required by the Planning Commission as the need dictates. The
following shall be shown:
(a) Profiles showing existing and proposed elevations along center lines of all
roads. Where a proposed road intersects an existing road or roads, the
elevation along the center line of the existing road or roads within one
hundred (100) feet of the intersection shall be shown. Approximate radii
of all curves, lengths of tangents, and central angles on all streets.
(b) The Planning Commission may require, upon recommendation by the
Town Engineer, where steep slopes exist, that typical cross-sections of all
proposed streets be shown.
(c ) Plans and profiles showing the locations and typical sidewalks, drainage
easements, irrigation ditches, servitude's, rights-of-way, manholes, and
catch basins; the locations of street trees, street lights, and street signs; the
location, size, and invert elevations of existing and proposed sanitary
sewers, storm water drains, and fire hydrants, showing connections to any
existing or proposed utility systems; and exact location and size of all
water, gas, or other underground utilities or structures.
(d) Location, size, elevation, and other appropriate description of any existing
facilities or utilities, including, but not limited to, existing streets, sewers,
drains, water mains, easements, water bodies or impoundment's, streams,
and other pertinent features such as swamps, wetlands, buildings, features
noted on the Official Zoning Map or Master Plans, at the point of
connection to proposed facilities and utilities within the subdivision, and
each tree with a diameter of eight (8) inches or more, measured four (4)
feet above ground level. The water elevations of adjoining lakes or streams
at the date of the survey, and the approximate high- and low-water
elevations of such lakes or streams. All elevations shall be referred to the
Deweyville Engineer's or U.S.G.S. datum plane. If the subdivision borders
a lake, river, or stream, the distances and bearings of a meander line
established not less than twenty (20) feet back from the ordinary highwater
mark of such water ways.
(e) Topography at the same scale as the sketch plat with a contour interval of
two (2) feet, referred to sea-level datum. All datum provided shall be latest
the applicable U.S. Geodetic Survey datum and should be so noted on the
(f) All other specifications, details, and references required by the Deweyville
Design Standards, Construction Specifications, and Standard Drawings if
adopted, including a site-grading plan for the entire subdivision.
(g) Notation of approval by the Owner, Town Engineer and Water/Sewer
(h) Title, name, address, signature, and seal of the professional engineer
preparing the plans, and date, including revision dates.
(i) A limits of disturbance and re-vegetation plan.
8E.4 Final Subdivision Plat
The final subdivision plat shall be presented in India ink on tracing cloth or reproducible
Mylar at the same scale and contain the same information, except for any changes
or additions required by resolution of the Planning Commission, as shown on the
preliminary plat. The preliminary plat may be used as the final subdivision plat if
it meets these requirements and is revised in accordance with the Planning
Commission's resolution. These requirements are the minimum, other information
may be required by the Planning Commission as the need dictates. All revision
dates must be shown as well as the following:
(a) Notation of any self-imposed restrictions, and locations of any building
lines proposed to be established in this manner, if required by the Planning
Commission in accordance with these regulations.
(b) All monuments erected, corners, and other points established in the field
in their proper places. The material of which the monuments, corners, or
other points are made shall be noted at the representation thereof or by
legend. The legend for metal monuments shall indicate the kind of metal,
the diameter, length, and weight per lineal foot of the monuments.
8E.4.1 Final Plat Preparation
The final subdivision plat shall be prepared by a registered land surveyor licensed
by the state of Utah and certified as to the same on the plat.
8E.4.2 Required signatures of Town Officers
The following signatures are required before an approved plate can be recorded:
Chairman of the Planning Commission, Mayor, Chief of the Fire Department, and
the Town Engineer.