Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Title 7. Chapter 19. Subdivisions
7-19-1. Application of chapter.
(Ord. 1977-18, 10-19-1977)
7-19-2. General provisions.
(2) Until preliminary plans for the subdivision are approved:
(a) No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land.
(b) No lot, tract or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale or option be made or given.
(c) No improvements – such as sidewalks, water supply, storm water drainage, sanitary sewage facilities, gas service, electric service, lighting, grading, paving or surfacing of streets – shall hereafter be made by any owner or owners or his or their agent or by any public service corporation at the request of such owner or owners or his or their agent.
(d) Land subject to flooding or within any area designated as subject to a 100-year flood by the Federal Flood Insurance Program Administrator, and areas subject to poor drainage will not be permitted to be subdivided unless the flooding or drainage problems are properly dealt with in the subdivision plan to the satisfaction of the City.
(3) Where a trace of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the City as a whole, the Planning Commission may, before approval, cause to be prepared a plan for the entire unit, such plan to be used by the Planning Commission as an aid in judging the merits of the proposed plat.
(4) Amendments to the City Code enacted by the City Council after the approval of a preliminary plan but prior to the approval of a final subdivision plat shall apply to that plat to the extent that they do not alter the plat’s use, density, or configuration. For purposes of this Chapter, the words use, density, and configuration shall refer to the following:
(a) use: the uses allowed by the Tooele City General Plan Land Use Element and the Tooele City zoning ordinance at the time of complete preliminary plan submission;
(b) density: the number of lots contained in a preliminary plan approved by the City Council;
(c) configuration: the general manner in which the density is laid out in a preliminary plan approved by the City Council.
(5) Amendments to the City Code enacted by the City Council shall apply to the use, density, and configuration of an approved preliminary plan and/or final subdivision plat if the City Council, on the record, finds that a compelling, countervailing public interest would be jeopardized by the plan’s or plat’s use, density, and/or configuration.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1977-18, 10-19-1977)
(2) Where the conditions imposed by any provision of this Chapter upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this ordinance or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(3) This Chapter shall not abrogate any easement, covenant or any other private agreement, provided that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements than this Chapter shall govern.
(Ord. 1977-18, 10-19-1977)
7-19-5. Rules or interpretation.
(2) “Shall” is mandatory and not discretionary.
(3) “May” is permissive.
(4) “Lot” shall include the words “plot, piece, and parcel” when referencing a parcel of land within a subdivision.
(5) “Used for” shall include the phrases “arranged for, designated for, intended for, maintained for and occupied for”.
(6) For purposes of this Chapter, “remnant” shall mean a parcel of land that does not comply with the regulations of the applicable zoning district.
(Ord. 2013-16, 11-06-2013) (Ord. 1977-18, 10-19-1977)
7-19-6. Property line adjustments.
(2) Property Line Adjustments. Applications to adjust property lines between adjacent properties:
(a) where one or more of the affected properties is included within a prior recorded subdivision plat, may only be accomplished upon the recordation of an amended plat that conforms to the standards outlined in this Section and following approval of an amended plat according to the standard plat approval process outlined elsewhere within this Chapter; or,
(b) where all of the affected properties are parcels of record, may be accomplished upon approval, execution, and recordation of appropriate deeds describing the resulting properties, upon compliance with the standards outlined in this Section, and following approval according to the terms of this Section prior to recordation.
(3) Standards. Owners of adjacent properties desiring to adjust common property lines between those properties shall comply with the following standards:
(a) no new lot, parcel, or property results from the property line adjustment;
(b) the adjoining property owners consent to the property line adjustment;
(c) the property line adjustment does not result in remnant land that did not previously exist;
(d) the property line adjustment does not result in a land-locked property and all properties affected by the adjustment have access to a public or private street or right-of-way;
(e) the adjustment does not result in, create, or perpetuate any violation of applicable dimensional zoning requirements for any parcel involved in the adjustment; and,
(f) the adjustment does not adversely affect any easement or right-of-way on, through, within, or adjacent to the properties involved in the adjustment.
(4) Application. The owners shall file an application requesting a property line adjustment together with all required documents.
(a) Application procedures and required documents for property line adjustments involving one or more subdivision lots shall be as outlined elsewhere in this Chapter for plat approval.
(b) An application for a property line adjustment involving parcels of record shall include at least the following forms and documentation:
(i) a completed application form for a property line adjustment;
(ii) a copy of all deeds and recorded documents establishing each parcel of record in its current state including property descriptions for each parcel;
(iii) a scaled drawing showing the current state of all parcels involved in the proposed property line adjustment graphically with their respective property descriptions;
(iv) a proposed and recordable deed document, including a legal description, for each parcel involved in the proposed property line adjustment detailing the proposed layout for the parcel, including its proposed property description, which has been signed by all involved property owners, and notarized; and,
(v) a scaled drawing showing the proposed layout of all parcels involved in the proposed property line adjustment graphically with their respective property legal descriptions.
(5) Zoning Administrator Review for Property Line Adjustments Involving Only Parcels of Record. The Zoning Administrator shall review all documents to determine if they are complete, accurate, and that they comply with the requirements set forth in this Section. If the Zoning Administrator determines that the documents are complete and the proposed property line adjustment complies with the standards set forth in this Section, the Zoning Administrator shall approve the property line adjustment. If the Zoning Administrator determines that the documents are not complete or the proposed property line adjustment does not comply with all of the standards set forth in this Section, the Zoning Administrator shall not approve the property line adjustment.
(6) Notice of Approval and Conveyance of Title. After approval by the Zoning Administrator, the applicant shall:
(a) record the appropriate deeds which convey title as approved by the Zoning Administrator; and,
(b) record a Notice of Approval with the deed for each parcel within the property line adjustment application that:
(i) is prepared, signed, and executed by the Zoning Administrator;
(ii) contains the notarized signature of each property owner involved in the property line adjusmtent; and,
(iii) recites the lrgal description and parcel number of both of the original parcels and of the parcels created by the property line adjustment.
(7) Inclusion of a property in a property line adjustment shall not grant entitlements or vesting of any kind that did not already exist for the property.
(Ord. 2015-07, 03-18-2015) (Ord. 2013-16, 11-06-2013)
7-19-6.1. Property combinations.
(Ord. 2013-16, 11-06-2013)
7-19-7. Applicability of this chapter.
(1) By every person creating a subdivision as defined herein.
(2) By every person who desires to dedicate any street, alley, or other land for public use, even though said dedication is not a subdivision as defined herein, except that a right-of-way may be conveyed by deed of dedication acceptable to the City.
(Ord. 2010-05, 06-02-2010) (Ord. 1981-24, 06-11-1981)
7-19-8. Procedure for approval of preliminary plan.
(2) Preliminary Plan Preparation. The applicant shall cause to be prepared the preliminary plan which shall include all of the property to be subdivided or developed by the applicant as well as all other property owned or controlled by the applicant which is adjacent to or considered contiguous to the portion to be subdivided or developed. The applicant shall also prepare such other supplementary material as was specified by the City in the pre-development meeting, as well as a written application for approval of the land use proposed. The applicant shall deliver copies of the proposed preliminary plan for review to the Community Development Department and to the Tooele Post Office, Tooele County School District, the Tooele County Health Department, County Surveyor, and each non-City utility company involved in the subdivision or development.
(3) Planning Commission Review. Prior to Planning Commission review, the applicant shall deliver copies of the proposed preliminary plan to the Community Development Department that demonstrates a signed review by, and any comments from, the Tooele Post Office, Tooele County School District, County Surveyor, County Recorder, and Health Department.
(a) The Planning Commission shall approve, approve with conditions, or disapprove the proposed preliminary plan and submit its recommendation to the City Council. An application shall not be approved until receiving all the signatures listed in subsection (2) above.
(b) If the Planning Commission finds that changes, additions, or corrections are required on the preliminary plan, the Commission shall so advise the applicant on the record in a public meeting or in writing. The applicant may resubmit the preliminary plan to the Commission without paying an additional fee. The Commission shall approve, approve with conditions, or disapprove the revised preliminary plan and submit its recommendations in writing to the City Council.
(4) City Council Review. The City Council shall accept, accept with conditions, or reject said plan within a reasonable time following the action of the Planning Commission.
(5) Preliminary Plan Approval. The following qualifications shall govern approval of the preliminary plan:
(a) Approval of the preliminary plan by the Planning Commission is tentative only, involving merely the general acceptability of the layout as submitted.
(b) Approval of the preliminary plan shall be effective for a maximum period of one year unless, prior to the one-year period lapsing, the Council grants an extension in a public meeting, not to exceed six months, upon written request of the developer. The request for said extension shall not require an additional fee, or the submittal of additional copies of the preliminary plan of the subdivision. If the final plat is not submitted to the Community Development Department prior to the expiration of said one year period which begins to run from the date that the preliminary plan is approved by the Council, the approval of the said preliminary plan automatically lapses and is void and of no further force or effect. Thereafter, the developer must recommence the application process then in effect.
(c) Where a preliminary plan contemplates more than one final subdivision plat, the failure of a subdivider to submit a completed final plat application for a second or subsequent subdivision final plat within two years of the previous subdivision final plat approval by the City Council shall cause the City Council approval for all un-platted portions of the preliminary plan to automatically lapse and expire and become of no further force or effect. Thereafter, the subdivider must recommence the land use application process then in effect.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 1998-35, 10-07-1998) (Ord. 1998-17, 07-01-1998) (Ord. 1977-18, 10-19-1977)
7-19-9. Plats and data for approval of preliminary plan.
(1) Topographic data required as a basis for the preliminary plan, in subsection (B) below, shall include existing conditions as follows, except when otherwise specified by the Planning Commission:
(a) Boundary line: Bearing and distances of all boundary lines of the subdivision as proposed.
(b) Easements: The location, width and purpose of all easements of the subdivision.
(c) Streets on and adjacent to the tract: Name and right-of-way width and location of all streets of the proposed subdivision; type, width and elevation of surfacing; any legally established centerline elevations, walks, curbs, gutters, culverts, etc.
(d) Utilities on and adjacent to the tract: Location, size of sanitary sewers on or adjacent to the tract; location and size of all water mains on or adjacent to the tract; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and the size of nearest facilities.
(e) The preliminary plan of the subdivision shall be accompanied by:
(i) a preliminary plan for sewer and water lines setting forth the general plans for such improvements and indicating the method to be used to overcome particular problems that may be encountered with the development of the proposed system.
(ii) an exact copy of a preliminary report of a title insurance company, a title insurance policy or an attorney’s opinion brought to date of the application, setting forth the names of all property owners of property included in the subdivision as shown on the preliminary plan, as well as all mortgages, judgments, liens, easements, contracts and other clouds affecting title to said premises. The City may require all persons having an interest in the premises, as disclosed by the report, policy or opinion, to join in and approve of the subdivision application.
(iii) when a proposed street will intersect a state or county highway or a railroad, written consent of the appropriate authorities having jurisdiction over said highway or railroad shall be submitted.
(iv) all information required by the FHA when the subdivision will be submitted to that agency for feasibility and approval under a federal program.
(v) a written statement outlining any existing public improvements which are anticipated to benefit the proposed use or land development activity, and which, pursuant to Section 7-19-13, below, subject the applicant to a reimbursement requirement.
(vi) an AutoCAD copy of the development plans, including contours, lot layout, roadways, utilities, etc.
(f) Other conditions on the tract: Water courses, marshes, rock outcropping, wooded areas, isolated preservable trees one foot or more in caliper at one foot above ground level, houses, barns, shacks and other significant features.
(g) Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls, character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences and ownership of adjacent unplatted land (for adjacent platted land, refer to the subdivision plats by name, recording data, and show approximate percent of build-up, typical lot size and dwelling type, if any).
(h) Photographs, if required by the Planning Commission: Camera locations, directions of views and key numbers.
(i) Zoning on and adjacent to the tract.
(j) Proposed public improvements: Highway or other major improvements planned by public authorities for future construction on or near the tract.
(k) Key plan showing location of the tract.
(l) Ground elevations on the tract, based upon the U.S.G.S. Datum Plane. For land that slopes less than 0.5%, show not less than one foot contours; for land that slopes one-half to 2%, show not less than two foot contours; and for land that slopes more than 2%, show not less than four foot contours.
(2) The preliminary plan shall be to a scale of 100 feet to the inch or if the area of the subdivision is more than 200 acres, 200 feet to the inch. It shall show all existing conditions required in paragraph (A) above, topographic data, and shall show all proposals including the following:
(a) Streets: Names, right-of-way and road widths, approximate grades and gradients, similar data for alleys, if any.
(b) Other rights-of-way or easements: location, width and purpose.
(c) Location of utilities, if not shown on other exhibits.
(d) Lot lines, lot dimensions, lot numbers and block numbers.
(e) Sufficient information to show the intent of surface drainage.
(f) Sites, if any, to be reserved or dedicated for schools, parks, playgrounds or other public uses.
(g) Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single family dwellings.
(h) Proposed building set-back lines.
(i) Site data, including number of residential lots, typical lot size, acres in parks, etc.
(j) Proposed name of subdivision.
(k) Location by section, township and range.
(l) Name and address of the developer.
(m) Name and address of the planner or engineer.
(n) Title, scale, north point and date.
(3) Other preliminary plans: When required by the Planning Commission, the preliminary plan shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical and preliminary plan of proposed sanitary and storm sewers with grades and sizes indicated. All elevations shall be based on the U.S.G.S. Datum Plane.
(4) Draft of protective covenants, whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 1998-35, 10-07-1998)
7-19-10. Procedure for approval of the final plat.
(2) Application for approval of the final plat, including all engineering drawings, shall be submitted in writing to the Community Development Department and shall be accompanied by the fee and engineering review fee as required by the City Code. The application must be completed, including all corrections and required documentation, at least 15 days prior to the regular meeting of the Planning Commission for its review and recommendation.
(3) The final engineering plans and specifications, consistent with the approved preliminary plan, as well as an AutoCAD copy of the development plans, shall be submitted to the Community Development Department within one year after approval of the preliminary plan and before the approval of the final plat; unless, prior to the one-year period lapsing, the City Council grants an extension, not to exceed six months, upon written request of the developer. Such extension will not require an additional fee or filing or additional copies of the plat. If the final plat is not submitted to the Community Development Department prior to the expiration of said one-year period, which begins to run from the date that the preliminary plan is first approved by the Council, the approval of the said preliminary plan automatically lapses and is void and is of no further force or effect. Thereafter, the developer must recommence the application process as then in effect. The subdivider shall make all revisions required by the City promptly and with reasonable diligence.
(4) Within two months after its meeting at which time the application for approval of the final plat is submitted, the Planning Commission shall recommend approval or disapproval. If the Commission recommends approval of the plat, it shall affix upon the plat the certifying signatures of its chairman and members voting in favor of approval, and submit the plat along with its recommendations to the City Council. If it recommends disapproval, the Commission shall set forth the reasons in its own records, which may include the meeting minutes.
(a) Prior to consideration of the final plat by the Planning Commission, and the fulfillment of the requirements of these regulations, one mylar of the final plat of the subdivision, not to exceed 36 inches by 48 inches in size, shall be submitted to the Community Development Department at least 15 days before a regular meeting of the Planning Commission.
(b) Action must be taken by the Council within two months after the meeting at which the final plat and all drawings, maps and other documents regarding the development have been submitted for its approval. The Council may extend the two month period upon a two-thirds vote of its members.
(6) Recordation. Tooele City will record the final plat with the Tooele County Recorder pursuant to Section 7-19-39, below.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 2004-02, 01-07-04) (Ord. 1998-35, 10-07-1998) (Ord. 1998-16, 07-01-1998) (Ord. 1978-28, 11-21-1978) (Ord. 1977-18, 10-19-1977)
7-19-11. Plats and data for final approval.
(a) Primary control points, approved by the City Engineer, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
(b) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings and deflection angles and radii, arcs and central angles of all curves.
(c) Name and right-of-way width of each street or other right-of-way.
(d) Location, dimensions and purpose of any easements.
(e) Number to identify each lot or site and block.
(f) Purpose for which sites, other than residential lots, are dedicated or reserved.
(g) Proposed building set-back lines on all lots and other sites.
(h) Location and description of monuments.
(i) Certification by a registered land surveyor licensed by the State of Utah certifying to the accuracy of the survey and plat.
(j) Certification of the County Treasurer showing that all taxes and special assessments due on the property to be subdivided have been paid in full.
(k) Dedication by the owners of the tract of all streets, easements and rights-of-way to the public, and other proposed public way or space shown on the plat.
(l) Certification of title showing that the applicant is the owner of the agent of the owner.
(m) Proper form for the approval of the Council, with space for the signatures of the Council members.
(n) Approval by signatures of those persons or departments with signature lines on the final plat.
(o) Name of the subdivision.
(p) Location by section, township and range.
(q) Title, scale, north arrow and date.
(r) Other items or information reasonably required by the City.
(2) Cross sections and profiles of streets showing grades. The scales and elevations shall be based on the U.S.G.S. Datum Plane.
(3) Protective covenants in form for recording.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 1998-35, 10-07-1998) (Formerly Repealed by Ord. 1993-04, 05-04-1993)
7-19-12. Public Improvements; bonds and bond agreements.
(1) After approval of the preliminary plan, the subdivider shall present plans and specifications for all public improvements to the city Engineer for review and approval.
(a) If engineering plans require substantial changes from the approved preliminary plan, the subdivider shall revise and re-submit the public improvements plans and specifications.
(b) Re-submissions shall not require the payment of additional fees to the City. The City, however, shall not be responsible for the cost of any revisions or for any costs incurred due to delays caused by requiring the revisions.
(c) No public improvements may be constructed prior to final plat approval.
(2) Upon approval of the plans and specifications by the City Engineer, the final plat shall be submitted to the City Council for approval, modification, or disapproval.
(3) All public improvements shall be completed within one year from the date of final plat approval. The City Council may grant a maximum of two 6-month extensions upon receipt of a written petition and upon a finding of unusual circumstances. Petitions for extension must be filed with the City Recorder prior to expiration of the applicable 1-year period or 6-month extension. If the public improvements are not completed with the time allowed under this Section, no further approvals of any land use application shall be issued to the subdivider responsible for completing the public improvements, and no further plats shall be approved within the preliminary plan or project area in which the public improvements are incomplete.
(4) (a) Except as provided below, all public improvements associated with a subdivision final plat must be completed, inspected, and accepted pursuant to Section 7-19-35, below, prior to the recordation of that plat.
(b) A subdivision final plat may be recorded prior to the completion, inspection, and acceptance of the plat’s public improvements where the subdivider submits a bond and executes a bond agreement compliant with this Section. The purpose of the bond and bond agreement is to insure completion of all public improvements required to be installed in the subdivision and to warrant the quality of their construction.
(c) Where public improvements are constructed without a bond and bond agreement, under no circumstances shall such public improvements be connected to the City’s water distribution, sewer collection, storm drain collection, and road right-of-way systems prior to recordation of the associated final subdivision plat or without bonding for the public improvements located within City rights-of-way pursuant to this Section.
(5) Bond agreements shall be in the form and contain the provisions approved by the City Attorney. The agreement shall be signed by the Mayor, the City Attorney, and the City Engineer. The agreement shall include, without limitation, the following:
(a) Incorporation by reference of the final plat, final plat documents, public improvements plans and specifications, and all data required by this Chapter which is used by the City Engineer to estimate the cost of the specific public improvements.
(b) Incorporation by exhibit of the City Engineer’s estimate of the cost of the specific public improvements.
(c) Completion of the public improvements within the period of time described in subsection (3), above.
(d) Completion of the public improvements to the satisfaction of City inspectors and according to City standards, as established by the Tooele City Code and City policies.
(e) Establishment of the bond amount. The bond amount shall include the following:
(i) the subdivider’s estimated cost of the public improvements to be installed, as reviewed and approved by the City Engineer or designee; and,
(ii) a reasonable contingency of 20% of the estimated cost, intended to cover the cost of inflation and unforeseen conditions or other circumstances.
(f) The City shall have exclusive control over the bond proceeds, which may be released to the subdivider only upon written approval of the City Attorney.
(g) The bond proceeds may be reduced upon written request of the subdivider as the improvements are installed and upon approval by City inspectors on a City inspection report form. The amount of the reduction shall be determined by reference to the City Engineer’s estimate attached to the bond agreement, with assistance from the City Engineer, as necessary. Such requests may be made only once every 30 days. All reductions shall be by the written authorization of the City Attorney.
(h) Bond proceeds may be reduced by no more than 90% of the total bond amount, the remaining 10% being retained to guarantee the warranty and maintenance of the improvements as provided in Sections 7-19-12(7) and 7-19-35, herein. Any bond amount reduction shall not be deemed as an indication of public improvement completion or acceptance.
(i) If the bond proceeds are inadequate to pay the cost of the completion of the improvements according to City standards for whatever reason, including previous reductions, then the subdivider shall be responsible for the deficiency. Until the improvements are completed or, with City Council approval, a new bond and bond agreement have been executed to insure completion of the remaining improvements:
(i) no further plats shall be approved within the preliminary plan or project area in which the improvements are to be located; and,
(ii) no further building permits shall be issued in the subdivision.
(j) If, after expiration of the bond agreement time period, the bond proceeds are not transferred to the City within 30 days of the City’s written demand, then the City’s costs of obtaining the proceeds, including the City Attorney’s Office costs and any outside attorney’s fees and costs, shall be deducted from the bond proceeds.
(k) The subdivider agrees to indemnify and hold the City harmless from any and all liability and defense costs which may arise as a result of those public improvements which are installed until such time as the City accepts the public improvements as provided in this Chapter.
(6) Bond agreements shall be one of the following types:
(a) An irrevocable letter of credit with a financial institution federally or state insured, upon a current standard letter of credit form, or including all information contained in the current standard letter of credit form..
(b) A cashier’s check or a money market certificate made payable only to Tooele City Corporation.
(c) A guaranteed escrow account from a federally or state insured financial institution, containing an institution guarantee.
(7) Warranty. The Subdivider shall warrant and be responsible for the maintenance of all improvements for one year following their acceptance by Resolution of the City Council, and shall guarantee such warranty and maintenance in the above-described bond agreements. The City may extend the warranty period upon a determination of good cause that the one-year period is inadequate to protect the public health and safety.
(8) Two or more final subdivision plats may be approved and developed simultaneously where all public improvements associated with the plats are bonded for as if they were one plat.
(9) The subdivider’s bond in no way excuses or replaces the obligation to complete public improvement construction, as required in this Section. Nothing in this Section shall require the City to liquidate bonds, spend bond proceeds, or complete public improvements. Any undertaking on the part of the City to liquidate a bond, spend bond proceeds, or complete public improvements shall not relieve the subdivider of the consequences of non-completion of public improvements.
(Ord. 2015-07, 03-18-2015) (Ord. 2014-10, 01-07-2015) (Ord. 2013-10, 06-05-2013) (Ord. 2010-05, 06-02-2010) (Ord. 2004-02, 01-07-2004) (Ord. 2000-24, 12-06-2000) (Ord. 1998-21, 07-01-1998) (Ord. 1996-26, 12-04-1996) (Ord. 1977-18, 10-19-1977)
7-19-13. Applications for Reimbursement.
(2) Application for Reimbursement. Developers required to install Eligible Public Improvements may be entitled to reimbursement pursuant to this Section, provided that:
(a) the Construction Costs of the Eligible Public Improvements required by the City as a condition of development approval exceeds the Construction Cost of the City’s required minimum standards and specifications for the Eligible Public Improvements by 10% or more; and,
(b) the Cost Differential exceeds $5,000; and
(c) the Eligible Public Improvements are constructed within the Tooele City Corporate Limit; and
(d) the Subsequent Developer’s development receives City approval within eight years from the date of City approval of the development for which the Eligible Public Improvements were required; and,
(e) the Prior Developer files an Application for Reimbursement in the office of the Director of Public Works or City Engineer.
(3) Application for Reimbursement.
(a) Developers satisfying the above criteria may apply for reimbursement for recovery of a pro-rata share of the Cost Differential, minus the Depreciation Value, from a Subsequent Developer to the extent that the Subsequent Developer did not share in the Construction Cost of the Eligible Public Improvements.
(b) Notwithstanding other provisions of this Section to the contrary, subdivisions of ten lots or less, or single-lot developments, that are required by the City to fully improve a road right-of-way (i.e. road base, road surface, curb, gutter) are eligible to apply for and receive reimbursement for the Construction Cost of that portion of the road improvements that directly benefit subsequent development located adjacent to the road improvements, minus the Depreciation Value.
(4) The Application for Reimbursement shall be made on a form approved by the City Attorney, and shall include the following information:
(a) a brief description of the Eligible Public Improvements which may directly benefit future development; and,
(b) an engineer’s written estimate of the Construction Cost of the Eligible Public Improvements, or an affidavit of the actual Construction Cost of the Eligible Public Improvements plus copies of receipts and paid invoices. Both the estimated and /or actual Construction Cost must be approved by the Director of Public Works or City Engineer.
(5) An Application for Reimbursement is not retroactive and may not seek reimbursement for uses or land development activities which exist as of, or have been approved by the City Council prior to, the effective date of the Application for Reimbursement.
(6) After an Application for Reimbursement is filed, the Prior Developer shall be under an affirmative duty to deliver to the City written notice of the identity of any development which the Prior Developer has knowledge or reason to believe will benefit from Public Improvements installed by the Prior Developer, and whether and to what extent the Subsequent Developer should share in the Cost Differential. The notice must be delivered to the Public Works Director or City Engineer prior to the benefitting development’s final subdivision plat approval or, in the case of a site plan, prior to the issuance of a building permit.
(7) When the Prior Developer has complied with the provisions of this Section, the City will make a reasonable effort to collect the Subsequent Developer’s pro-rata share of the Cost Differential, minus the Depreciation Value, on behalf of the Prior Developer.
(8) Before making any payments to the Prior Developer pursuant to this Section, the City shall retain from amounts collected from a Subsequent Developer an administrative fee in the amount of 10% of said amounts collected, with a minimum administrative fee of $100.
(9) Before making any payments to the Prior Developer pursuant to this Section, the City shall make a determination whether the Prior Developer has any outstanding financial obligations towards, or debts owing to, the City. Any such obligations or debts, adequately documented, shall be satisfied prior to making payment to the Prior Developer, and may be satisfied utilizing amounts collected by the City on behalf of the Prior Developer pursuant to a Reimbursement Application.
(10) The City reserves the right to refuse any incomplete Application for Reimbursement. All completed Applications for Reimbursement shall be made on the basis that the Prior Developer releases and waives any claims against the City in connection with establishing and enforcing reimbursement procedures and collections.
(11) The City shall not be responsible for locating any beneficiary, survivor, assign, or other successor in interest entitled to reimbursement. Any collected funds unclaimed after one year from the expiration of the Application for Reimbursement shall be returned to the Subsequent Developer from which the funds were collected minus the City administration fee. Any funds undeliverable to a Prior Developer, or to a Subsequent Developer from which the funds were collected, whichever the case, shall be credited to the City enterprise fund corresponding to the Eligible Public Improvements for which the funds were collected, as determined by the Finance Director.
(12) Political subdivisions of the state of Utah (e.g. Tooele City Corporation) that construct Eligible Public Improvements shall be considered Prior Developers for purposes of this title, and may file Reimbursement Applications and receive reimbursement under the provisions of this Chapter.
(13) Public Improvements required as a condition of annexation are not eligible for reimbursement pursuant to this Section.
(14) All City development approvals, including, but not limited to, subdivisions and site plans, shall be conditioned upon and subject to the payment of appropriate reimbursement amounts as determined in accordance with this Section.
(15) A Subsequent Developer may protest in writing the assertion of a Prior Developer that the Subsequent Developer will benefit from Eligible Public Improvements constructed by the Prior Developer. Protests should be delivered to the Public Works Director or City Engineer, and must include documentation sufficient to demonstrate that the Subsequent Developer’s development will derive no benefit, or a lesser benefit than asserted, from the Prior Developer’s Eligible Public Improvements. The Public Works Director or City Engineer will decide the matter, whose decision shall be final.
(Ord. 2015-07, 03-18-2015) (Ord. 2005-06, 05-18-2005) (Ord. 1999-35, 12-01-1999) (Ord. 1998-35, 10-07-1998) (Ord. 1997-13, 04-02-1997)
7-19-14. Failure to act, effect.
(Ord. 2010-05, 06-02-2010) (Ord. 1977-18, 10-19-1977)
7-19-15. Phased development.
(2) Each subdivision final plat in a preliminary plan shall be considered a phase of the preliminary plan and shall be developed in a logical and orderly manner. All phases shall be contiguous, so that all public improvements shall be contiguous and continuous from their point of beginning in the development throughout the balance of the development.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1998-33-B, 10-07-1998) (Ord. 1977-18, 10-19-1977)
7-19-16. Design standards.
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
(1) the overall safety of the area for transit, vehicular, bicycle, and pedestrian traffic including crossings of the road or right-of-way;
(2) existing transit, vehicular, bicycle, and pedestrian traffic in the area;
(3) anticipated transit, vehicular, bicycle, and pedestrian traffic impacts from the proposed subdivision on the existing traffic loads of the area;
(4) the ability for existing right-of-way improvements to accommodate anticipated transit, vehicular, bicycle, and pedestrian traffic loads;
(5) the degree to which the exception would prevent completion or connection to other right-of-way improvements in the area;
(6) existing right-of-way improvements in the area;
(7) the degree to which the right-of-way leading to and from the area requested for exception has been developed and completed;
(8) the mechanisms, proposals submitted, and timing by which the excepted improvements will be completed in the future;
(9) the degree to which the entirety of the right-of-way has been dedicated and improved outside of the area requested for an exception;
(10) land uses in the area, including but not limited to schools, recreational opportunities, and public facilities, that may have the potential to affect the existing improvements’ ability to accommodate all anticipated transit, vehicular, bicycle, and pedestrian traffic loads;
(11) phasing and a phasing schedule for the proposed subdivision;
(12) any development agreement with terms affecting right-of-way improvements duly executed by the Mayor for the exception-requesting subdivision or other developments in the area; and
(13) documented history of vehicle-vehicle, vehicle-bicycle, and vehicle-pedestrian conflicts and accidents.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2008-13, 11-05-08) (Am.Ord. 1998-32, 10-07-1998) (Ord. 1998-25, 08-05-1998) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
7-19-17.1. Double-frontage lots - definitions - design - maintenance.
(a) Double-frontage lot: a residential lot that abuts more than one public right-of-way or private road on opposite sides of the lot. “Double-frontage lot” includes corner lots adjacent to other double-frontage lots. “Double-frontage lot” does not include lots whose secondary frontages are on roads that are designated as alleys that do not require sidewalk access and that serve primarily as private access to the rear of lots.
(b) Primary frontage: the portion of a residential lot abutting a public right-of-way or private road that contains the main pedestrian entry to a residence.
(c) Secondary frontage: the portion of a residential lot abutting a public right-of-way or private street that is not the principle frontage.
(2) Design Standards. The secondary frontage of any double-frontage lot shall include the following design elements located within the public right-of-way or private street.
(a) Park strip. The park strip located between the curb and the sidewalk shall be of colored, texture-stamped concrete, which shall differ in color and texture from the adjacent sidewalk.
(i) The concrete color shall be of earth-tones, to include tan, light brown, beige, and similar colors, but shall not include yellow, pink, blue, green, and similar bright colors.
(ii) The concrete texture shall simulate cobblestone, variegated slate squares and rectangles, brick, or similar pattern.
(iii) The park strip thickness shall be a minimum of five and one-half inches.
(iv) The park strip shall contain a decorative metal grate around each park strip tree. The grate shall be chosen from a list of City-approved grate types, the list being on file with the Public Works Department.
(b) Park strip trees. Trees shall be planted in the park strip as follows.
(i) Park strip trees shall be chosen from a list of City-approved trees, the list being on file with the Public Works Department.
(ii) Park strip trees shall be spaced not more than 35 feet apart.
(iii) Park strip tree size, bonding, and other details not address in this Section shall be as provided in Tooele City Code Section 7-19-29, as amended.
(iv) The park strip shall include an irrigation system for park strip tree irrigation. The underground piping shall be placed within conduit located beneath the park strip. The irrigation system shall include meters, meter vaults, power, valve boxes, irrigation heads, and other necessary components to provide a fully functioning irrigation system.
(c) Sidewalk. Sidewalk shall be as required by Tooele City Code and Policy.
(d) Fencing wall. The secondary frontage shall be fenced and screened with a masonry wall possessing the following design elements.
(i) The wall shall be six feet in height except as required under Tooele City Code Section 7-2-11 Clear vision area at intersecting streets.
(ii) The wall materials shall be masonry block or prefabricated decorative masonry panels chosen from a list of City-approved wall material types, the list being on file with the Public Works Department. The wall shall be uniform within each subdivision phase.
(iii) The wall shall include capped pillars spaced at even intervals, not to exceed 20 feet. The pillar materials shall be similar to those comprising the wall.
(iv) No portion of the wall shall contain cinderblock, smooth-faced block, or cast-in-place concrete.
(v) All fencing walls shall receive a City-approved anti-graffiti seal coat upon their construction and prior to acceptance by the City.
(e) Gates. Gates in the fencing wall or otherwise accessing the secondary frontage shall not be allowed.
(f) Special Service District Standards. Where a double-frontage lot is included in an existing special service district that imposes its own design standards for double frontage lots, the district design standards shall apply.
(g) The final determination of whether an application complies with the design standards of this Section shall be made by the City Planner. Such determinations are not subject to appeal.
(3) Bonding. Park strips, park strip trees, park strip irrigation systems, and fencing walls discussed in this Section shall be included in the definition of public improvements. As such, they shall be bonded for in the manner provided in Tooele City Code Section 7-19-12, as amended, except that park strip trees shall be bonded for in the manner provided in Tooele City Code Section 7-19-29, as amended.
(4) Maintenance. Because of the added burdens upon the City caused by double-frontage lots, and because residents are disinclined to maintain the secondary frontage, the portions of the public right-of-way located behind the curb and gutter and abutting the secondary frontage shall be maintained as follows.
(a) Home Owners Association. As a condition of City Council final subdivision plat approval, every subdivision with double-frontage lots shall be required to form and fund a home owners association (HOA). At a minimum, the HOA shall maintain and perform at its cost, for the life of the HOA, the following items: park strip, park strip trees and grates, park strip irrigation system, park strip water bill, fencing wall, sidewalk, and sidewalk snow removal. The HOA articles shall provide for a minimum HOA existence of 30 years.
(b) Covenants, Conditions, and Restrictions. As a condition of City Council final subdivision plat approval, every subdivision with double-frontage lots shall be required to record against all lots within the subdivision covenants, conditions, and restriction (CCRs). A copy of the recorded CCRs will be provided to the City. At a minimum, the CCRs shall provide for the perpetual maintenance and maintenance funding of the following items: park strip, park strip trees and grates, park strip irrigation system, park strip water bill, fencing wall, sidewalk, and sidewalk snow removal.
(c) If the HOA fails to enforce the CCRs pertaining to maintenance and maintenance funding for a period of three months or more, the City may bring an action in court to compel the HOA to fund and perform its maintenance obligations.
(d) Special Service District Maintenance. Where a double-frontage lot is included in an existing special service district that maintains some or all of the public improvements adjacent to a secondary frontage, the portions of the public right-of-way located behind the curb and gutter and abutting the secondary frontage shall be maintained in perpetuity by the district.
(Ord. 2015-07, 03-18-2015) (Ord. 2008-04, 11-05-2008)
(2) Easements shall be designed to provide continuity from block to block.
(3) Where subdivisions and/or parcels abut a watercourse, drainage way, channel or stream, storm water easements or drainage rights-of-way conforming substantially with the line of such watercourse shall be provided.
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
(2) The lot dimensions and areas shall conform to the requirements of the zoning ordinance.
(3) Lots abutting a watercourse, drainage way, channel or stream shall have a minimum width or depth as required to provide an adequate building site and to afford the minimum usable area required by ordinance for front, side and rear yards.
(4) All corner lots shall be sufficiently larger than others so as to allow for building set-back lines on both streets as provided in Section 7-6-6 of the Tooele City Code.
(5) All lots shall abut on an adequate public or private access, as approved by the City Engineer, Public Works Department, or Community Development Director.
(6) Double frontage and reverse frontage lots shall be avoided except where essential to provide separation or residential development from highways or primary thoroughfares or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, and across which there shall be no right of vehicular access, which easement shall be specifically set forth in the deed to each lot, shall be provided along the real lot lines of lots abutting such highways and major thoroughfares.
(7) Side lot lines shall be substantially at right angles or radial to street lines.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2003-05, 06-04-2003) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
7-19-20.1. Flag Lots.
(2) Flag or L-shaped lots will only be considered as a last resort for infill development. Except for in-fill subdivisions, and except as provided in the Sensitive Area Overlay Zone (Tooele City Code Chapter 7-12) creation of flag lots shall not be considered for new subdivisions.
(3) Flag Lots. In order to encourage the more efficient use of land, flag lots are allowed subject to the following conditions:
(a) A flag lot shall be comprised of a staff portion contiguous with the flag portion thereof (hereinafter the “staff” and “flag”, respectively).
(b) The staff shall intersect with and be contiguous to a dedicated public street. The minimum width of the staff portion of flag lots shall be 24 feet and the maximum length shall be 220 feet, unless otherwise approved by the Planning Commission and fire department upon a showing of unusual circumstances.
(c) The staff shall be improved with concrete or asphalt surface.
(d) No structure, except for driveways and no parking, shall be allowed to obstruct or narrow the staff, and the staff shall be marked with a “No Parking” sign.
(e) The front side of the flag shall be deemed to be that side nearest to the dedicated public street upon which the staff portion intersects.
(f) The staff shall be deemed to end and the flag shall be deemed to commence at the extension of the front lot line across the staff.
(g) The flag square footage shall be the same or greater than the minimum square footage as required in the underlying zone, exclusive of the staff.
(h) The minimum front setback for all building shall be 30 feet, excluding the staff, from the front lot line of the flag. All other setbacks shall be those of the underlying zone.
(i) No more than two flag lots may be served by one staff.
(j) Figure 1 is an example of a “flag lot” and is included herein for illustration purposes.
(k) A fire hydrant shall be installed at the public ROW portion of the staff, unless otherwise approved by the Fire Department.
(l) A turn-around must be provided at the flag portion of the lot. Hammerheads or Y’s are acceptable with a minimum width of 12 feet, without parking within 30 feet of the staff. The turning radius on any hammerhead or Y shall not be less than 28 feet. Figure 2 is included to illustrate the hammerhead or Y requirements.
(m) All provisions of the currently applicable fire code shall be met, particularly those regarding the distance a primary structure can be located from a fire hydrant, and fire apparatus access ways and turnarounds.
(Ord. 2015-07, 03-18-2015) (Ord. 2009-07, 04-01-2009)
7-19-21. Required land improvements.
(1) the public improvements described in the subdivider’s plans and specifications, together with agreements, meet the minimum requirements of all engineering ordinances and specifications of the City, and
(2) the subdivider’s project engineer so certifies in a signed statement.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1998-33-B, 10-07-1998) (Ord. 1977-18, 10-19-1977)
7-19-22. Street Signs.
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
7-19-23. Monuments and markers.
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
7-19-24. Public utilities.
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
7-19-25. Sidewalks required - Specifications.
(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
7-19-26. Park Strip Landscaping in Commercial and Industrial Subdivisions.
(2) (a) The commercial or industrial subdivision developer shall be responsible for the cost of purchasing and planting trees on both sides of all proposed subdivision streets within all park strip areas, except where there are existing trees acceptable to the Director of Parks and Recreation. Newly planted trees shall not be farther apart than 35 feet. Trees planted in park strip areas shall be of a type listed in Section 4-11-22 of the Tooele City Code. Newly planted trees shall not be less than two inches in caliper, measured one foot from the ground, and shall not be shorter than eight feet in height. Trees shall be planted during a season of the year when it reasonably can be expected that they will survive. In no case shall trees be planted sooner than seven days prior to the issuance of an occupancy permit for any structure on the property appurtenant to the park strip.
(b) Commercial or industrial subdivision developers shall do one of the following to ensure compliance with the park strip tree requirement:
(i) post a bond in accordance with the provisions of Section 7-19-12 of the Tooele City Code, in the amount of $200 per required park strip tree; or
(ii) make a non-refundable payment to Tooele City in the amount of $200 per required tree, which shall be used by the Director of Parks and Recreation to plant trees within the park strips of the subdivision.
(3) Protective screen planting may be required to secure a reasonably effective physical barrier between residential properties and adjoining uses which minimizes adverse visual, auditory, and other conditions. The screen planting plan shall be approved by the Planning Commission and the City Council upon the recommendation of the Community Development and Parks and Recreation Departments.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-10) (Ord. 2005-03, 02-02-05) (Ord. 2000-10, 06-21-2000) (Ord. 1998-26, 08-05-1998) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
7-19-27. Sanitary sewers.
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
7-19-28. Engineering specifications.
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
7-19-29. Water service.
(2) All lots and properties including property reserved for public use or purchase shall be supplied with water service sufficient to meet the future anticipated uses of said property.
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-01-1988) (Ord. 1977-18, 10-19-1977)
7-19-30. Trench backfill.
7-19-31. Filing of engineering plans and review fee.
(2) A plan review fee, based upon the following percentages of total land improvements costs, as estimated by the design engineer and approved by the City Engineer, shall be submitted with the plans and specifications required above:
(a) 1.5% of the construction cost of the improvements when such cost is $50,000 or less.
(b) 1% of the construction cost of the improvements when such cost is over $50,000 but less than $250,000.
(c) 0.75% of the construction cost of the improvements when such cost is over $250,000.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1977-18, 10-19-1977)
7-19-32. Acceptance of required land improvements by the city.
(1) the completion of the construction of all required public improvements, in conformance with City standards and the approved engineering plans and specifications;
(2) the submission to the City Engineer or Public Works Director by the design engineer engaged by the subdivider, builder, or land developer of three certified sets of as-built plans, as well as an AutoCAD copy of such as-built plants;
(3) verification by the City Engineer or Public Works Director that all public improvements have been satisfactorily completed in accordance with the approved engineering plans and specifications; and,
(4) the City Council’s approval of a resolution accepting the public improvements. Public improvements shall not be deemed completed and accepted by the City as City-owned and maintained improvements until the approval of said resolution. The one-year warranty period described in Section 7-19-12, above, shall commence on the date the resolution is approved.
(Ord. 2015-07, 03-18-2015) (Ord. 2014-10, 01-07-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2004-02, 01-07-2004) (Ord. 1977-18, 10-19-1977)
7-19-33. Building permits.
(2) A building permit may be issued for noncombustible commercial construction prior to all requirements of this Chapter being completed after all of the following conditions are met:
(a) all public utilities required to be within the road right-of-way have been completed, compacted, tested, inspected, and certified;
(b) the complete width and depth of required road base has been installed, compacted, tested, inspected, and certified to grade, with all test results turned into the Public Works Department;
(c) all required bonding shall be extended for one additional year;
(d) the developer shall make available tire cleaning areas where the road is accessed; and,
(e) a road width of not less than 28 feet shall be maintained throughout the project until the finished road surface is in place.
(3) Prior to the finished surface being added to the road, a certified geotechnical report shall be obtained from a qualified engineer and turned in to the Public Works Department. The report shall stipulate that the minimum road base is in place, is compacted, is free of contamination, and will support the load for which it was designed.
(4) Notwithstanding Chapter 7-22, herein, under no circumstances will any Certificate of Occupancy be issued for any building, structure, or improvement until all requirements of this Chapter have been complied with.
(5) The issuance of a building permit or an occupancy permit within a subdivision shall not be deemed as an indication that the public improvements within the subdivision are completed or accepted by the City.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-17, 06-15-2005) (Ord. 1977-18, 10-19-1977)
7-19-34. Final plat execution, delivery, and recordation.
(2) No changes to the approved final plat may be made without the written approval of the City.
(3) Tooele City shall promptly record an approved final subdivision plat with the Tooele County Recorder upon the occurrence of one of the following:
(a) acceptance of all public improvements associated with the final plat pursuant to Section 7-19-35, above; or,
(b) execution of a bond agreement pursuant to Section 7-19-12, above.
(4) The subdivider shall pay all fees associated with the recordation of the approval final plat.
(Ord. 2015-07, 03-18-2015) (Ord. 2014-10, 01-07-2015) (Ord. 2004-02, 01-07-2004) (Ord. 1977-18, 10-19-1977)
7-19-35. Minor Subdivision - Exemptions from preliminary plan requirement.
(a) it contains less than ten lots;
(b) it does not contain a right-of-way dedication for public street; and,
(c) it does not involve off-site water or sewer utilities.
(2) Information normally required as part of the preliminary plan application may be required by the Public Works and Community Development Departments as part of a minor subdivision final plat application.
(Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010)
7-19-36. Effect of revocation and voiding.
(Ord. 2015-07, 03-18-2015) (Ord. 2004-02, 01-07-2004)
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