Division I. Introduction
Chapter 16.05
GENERAL PROVISIONS
Sections:
16.05.020 What this chapter does.
16.05.050 Exemptions for certain land divisions.
16.05.080 General considerations.
16.05.090 General responsibilities.
16.05.100 Compliance required.
16.05.120 Vested rights – After adoption of the ordinance codified in this title.
16.05.130 Most restrictive standards apply.
16.05.140 Conflict with private agreements.
16.05.010 Short title.
This title shall be known as the subdivision ordinance for Eagle Mountain City, and may also be so cited and pleaded. This subdivision ordinance shall be referred to herein as “this title,” and the chapters and sections hereinafter referred to shall be chapters and sections of this title, unless the context clearly indicates otherwise. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.1)].
16.05.020 What this chapter does.
This chapter establishes the purpose of this title, identifies the enabling statute pursuant to which it is adopted, requires approvals for all land divisions, land development, and construction activities except those that are specifically exempted. It also establishes application and review procedures, an appeal procedure, and other processes needed for the review of applications and the administration of this title. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.2)].
16.05.030 Purpose.
The purposes of this title are:
A. To provide for the health, safety, and welfare of the present and future inhabitants of Eagle Mountain City;
B. To regulate future growth and development within the city in accordance with the general plan and to provide for the efficient and orderly growth of the city;
C. To provide procedures and standards for the physical development of subdivisions of land and construction of buildings and improvements thereon within the city including, but not limited to, the construction and installation of roads, streets, alleys, curbs, gutters, sidewalks, drainage systems, water and sewer systems, design standards for public facilities and utilities, access to public rights-of-way, dedication of land and streets, and granting easements or rights-of-way;
D. To provide for adequate safety from fire, flood or other dangers, and to prevent overburdening of the land and undue congestion of population;
E. To provide for coordinated development of the city and to assure sites suitable for building purposes and human habitation. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.3)].
16.05.040 Authority.
This title is adopted pursuant to the authority granted by the Municipal Land Use, Development, and Management Act (Section 10-9-801, et seq., Utah Code Annotated 1953). This title establishes regulations for approval of development applications pursuant to the subdivision or use of land for development purposes. No subdivision shall be recorded or subdivision lots sold unless the owner of the property proposed for sale of lots or land subdivision has complied with the provisions of this title and recorded said plats. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.4)].
16.05.050 Exemptions for certain land divisions.
Exemption of certain land divisions does not exempt development of the lot or parcel created from compliance with this or any other title, ordinance, policy or procedure that the city has established. No subdivision approval shall be required for:
A. Parcel Size. Any division of land in which all resulting parcels are more than 160 acres in size;
B. Court Decree. Any division of land that results from a court decree for the distribution of specific parcels of property;
C. Public Purpose. Any division of land that results from a condemnation proceeding or the voluntary sale or gift of land for a public purpose; or
D. Adjustment of Unplatted Property Lines. Any adjustment of unplatted property lines in which no new parcel is created and no new nonconforming lot, use, or building results. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.5)].
16.05.060 Interpretation.
When interpreting and implementing the provisions of this title, these provisions shall be considered as minimum requirements for the purposes set forth. Where the provisions of this title impose greater restrictions than any statute, other regulation, ordinance or covenant, the provisions of this title shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this title, the provisions of such statute, other regulation, ordinance or covenant shall prevail. In the case of Covenants, Conditions and Restrictions (CC&Rs) that may have been recorded within subdivisions and that contain greater restrictions than those imposed by the provisions of this title, those restrictions shall be enforced by the homeowners’ association or other enforcement body as established and set forth in the CC&Rs. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.6)].
16.05.070 Definitions.
The definitions of important terms used in Eagle Mountain City’s subdivision ordinance (this title) are contained in Chapter 17.10 EMMC. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.7)].
16.05.080 General considerations.
When subdividing or developing land, applicants and the city shall consider the following general criteria:
A. General Plan. The general plan shall guide the use and future development of all land within the corporate boundaries of the city. The size and design of lots, the location and sizes of utilities, the design and construction of streets and other public facilities, the type and intensity of land uses and the provisions for any other facilities within a subdivision shall be considered against the projections of the general plan, the provisions of this title, and any other applicable title relating to development, land use or public utilities.
B. Natural Conditions. Trees, native land cover, natural watercourses and topography shall be preserved wherever possible. Master development plans and subdivisions shall be designed so as to prevent excessive grading and scarring of the landscape in conformance with the city’s ordinances.
C. Community Facilities. Community facilities, such as parks, recreation areas, public utilities, open space, trails, and transportation facilities shall be provided in all developments in accordance with the general plan, the city’s ordinances and adopted construction policies and standards. This title establishes the procedures for collecting relevant information on proposed master development plans, subdivisions, concept plans, site plans, etc., and circulation of the relevant information to boards, committees, utility departments and other public or semipublic agencies, so that the extension of community facilities and utilities may be accomplished in an orderly manner, coordinated with development activity. In order to provide public facilities to serve new development, developers and subdividers may be required to dedicate, grant easements, or otherwise preserve land or build facilities for schools, parks, playgrounds, police and fire stations, public ways, utility easements or other public purposes. [Amended during 2008 codification; Ord. O-23-2005 § 3 (Exh. 1(2) § 1.8)].
16.05.090 General responsibilities.
The following general responsibilities apply to the planning director, city staff members, consultants or other individuals or agencies responsible for the review and processing of development applications:
A. Applicant’s Responsibilities. All developers or subdividers of real property shall prepare master development plans, concept plans, subdivision plats, site plans, conditional use materials or other application materials as indicated in this title and EMMC Title 17. Developers and subdividers shall pay for the design, construction and inspection of all public improvements required. The city shall process all development applications in accordance with the regulations set forth herein. No developer, subdivider or property owner shall alter the terrain, remove any vegetation, excavate or otherwise engage in any site development until they obtain the necessary permits and approvals as outlined in this title (see EMMC 16.30.080(B)(8)) and EMMC Title 17.
B. Planning Director’s Responsibilities. The planning director (or designee) shall prepare application forms for development processes outlined herein. Upon receipt of a completed development application, the planning director (or designee) shall refer the application to city departments, consultants, public or private agencies, governmental boards and committees or any other group or individual having responsibility for the review of such applications. The planning director (or designee) is responsible for coordinating and receiving comments or recommendations regarding development applications and the proper distribution or sharing of such comments and recommendations.
C. City Engineer’s Responsibilities. The city engineer shall review development applications for compliance with engineering plans and specifications for required improvements. The city engineer shall also be responsible for reviewing the city’s adopted capital facilities plans and other city requirements related to public facilities including streets, alleys, drainage systems, water and sewer systems, public utilities or other infrastructure considerations. Street layout and overall circulation shall be coordinated with the planning director. The city engineer shall be responsible for inspecting city-required improvements.
D. Public Works’ Responsibilities. The city public works department shall review and make comments on the engineering plans and specifications for city-required improvements to the city engineer and planning director. The public works department may assist the city engineer in performing inspections.
E. Planning Commission’s Responsibilities. The planning commission shall have the powers and duties defined by state law and Eagle Mountain City ordinances. The planning commission is generally charged with making investigations, reports and recommendations on development applications for conformance to the general plan, this title, EMMC Title 17, or other related requirements that fall under the planning commission’s responsibilities. After reviewing development applications, the planning commission shall generally make a recommendation to the city council for approval, approval with conditions, disapproval based upon findings of facts, or the planning commission may table applications for reasonable periods of time to complete further investigations, conduct work meetings, or otherwise more completely consider all aspects of the development application.
F. Site Inspections. The filing of an application for a development approval constitutes permission for the mayor, city council, city staff, employees, consultants, planning commissioners or board of adjustment to inspect the proposed development site during their consideration of the application. The planning director may delay consideration of any application when inclement weather or snowpack prevents a useful site inspection. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.9)].
16.05.100 Compliance required.1
The following general requirements and standards apply to the development of property within the corporate boundaries of Eagle Mountain City:
A. Subdivision of Property. It shall be unlawful for any person to subdivide any tract or parcel of land that is located wholly or in part in the city except in compliance with this title. No plat of any subdivision shall be recorded until it has been submitted, reviewed and approved as provided herein.
B. Conveyance of Property. Land to be subdivided shall not be transferred, sold, or offered for sale, nor shall a building permit be issued for a structure thereon, until a final plat has been recorded in accordance with this title and the provisions of any applicable state statutes, and until the improvements required in connection with the development have been guaranteed as provided herein. No building dependent on public water, sewer, power or fire protection shall be permitted to be occupied until such facilities are fully provided and operational.
C. Compliance of Owner. All lots, plots or tracts of land located within a subdivision shall be subject to this title whether the tract is owned by the subdivider or a subsequent purchaser, transferee or contract purchaser of the tract or any other person.
D. Installation of Utilities. It shall be unlawful for any person to receive a building permit on a parcel or tract of land in a subdivision until all the required improvements are installed, which may include: (1) water and sewer utilities and all other underground utilities located under the street surface are installed; (2) all streets in the subdivision are rough-graded; and (3) curb and gutter has been installed. It shall be the responsibility of the subdivider to allow no human occupancy until all necessary utilities are installed and basic improvements are adequate to render the subdivision habitable. These improvements shall include paved streets and sidewalks (when required) which connect to street systems outside and adjacent to the subdivision. It shall be unlawful for any subdivider to sell any portion of an approved subdivision until the plat is recorded and until the prospective buyer or builder has been advised that the occupancy will not be permitted until all required improvements are completed. Recorded plats shall contain a notice to all potential buyers of this provision.
In the case of model homes, building permits may be issued prior to the completion of the improvements required by this title if the city engineer determines that access to the building site may be provided for the purposes of inspections and that the fire chief determines that there is adequate water for fire flow. All other utilities (with the exception of phone service) shall be provided and operating prior to the issuance of a certificate of occupancy. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.10)].
16.05.110 Penalties.
It shall be a Class C misdemeanor for any person to fail to comply with the provisions of this title. In addition to any criminal prosecution, the city may pursue any other legal remedy to ensure compliance with this title, including, but not limited to, injunctive relief. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.11)].
16.05.120 Vested rights – After adoption of the ordinance codified in this title.
Vested rights to proceed with development under the provisions of this title, as it existed at the time an application for a permit was approved, shall be established by a master development plan approval, a minor development approval, or a major development approval in full compliance with its provisions. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.12)].
16.05.130 Most restrictive standards apply.
Eagle Mountain City adopts uniform codes to provide minimum standards for protecting the public health, safety, and welfare through regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all private and public buildings, infrastructure, and public facilities. These codes include: International Fire Code (IFC); International Building Code (IBC); International Residential Code (IRC); Manual of Uniform Traffic Control Devices (MUTCD); American Association of State Highway and Transportation Officials (AASHTO) standards; and Eagle Mountain City Construction Specifications and Standards. When these codes along with state or federal laws impose additional requirements on activities governed by this title, the most restrictive shall apply. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.13)].
16.05.140 Conflict with private agreements.
This title does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted here, the provisions of this title shall apply. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.14)].
16.05.150 Burden of proof.
The burden of demonstrating compliance with this title rests with the developer or property owner. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.15)].
16.05.160 Severability.
If any provision of this title is held to be invalid by a court, the remainder shall continue to be in effect. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.16)].
16.05.170 Exactions.
In the carrying out of this title and EMMC Title 17, the land use authority may impose an exaction on a proposed development if there is an essential link that exists between a legitimate governmental interest and each exaction; and each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.17)].
16.05.180 Public meetings.
All public meetings shall comply with the requirements of this section. Any challenge regarding notice of a public meeting shall occur within 30 days of the meeting or action, otherwise notice is considered to have been adequate and proper.
A. Post the agendas in three public places and submit a copy to the newspaper 24 hours in advance of the public meeting.
B. Notify all applicants on the agenda of the date, time, and place of the meeting. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.18)].
16.05.190 Public hearings.
All public hearings shall comply with the notice requirements contained Table 16.05.220(a), Public Notice, and contained in the individual chapters of this title and EMMC Title 17. Any challenge regarding notice of the public hearing shall occur within 30 days of the meeting or action, otherwise notice is considered to have been adequate and proper. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.19)].
16.05.200 Land use authority.
Table 16.05.220(b), Land Use Authority, summarizes the person, board, commission, agency, or other body designated by the city council to act upon an application or land use application. Individual chapters of this title and EMMC Title 17 contain the specific process for the approval. In those cases where the planning commission has been identified as the land use authority, the city council reserves the right to become the land use authority, if not prohibited by state code, by requesting that the item be scheduled for review and action by the council within 15 calendar days of the planning commission’s action. In cases where the city council exercises this option, then the planning commission is not the land use authority unless the city council remands the application back to the planning commission. In taking final action, the council may approve, approve with conditions, disapprove based upon findings of fact, table the application for further study and review or remand the application with changes back to the planning commission. [Ord. O-38-2023 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 1.20)].
16.05.210 Appeal authority.
Aggrieved applicants may appeal the decision of the land use authority to the appeal authority within the specified time. Table 16.05.220(c), Appeal Authority, identifies the appeal authority and time to appeal for the various applications. Appeals shall be filed by a written statement submitted to the city recorder detailing the grounds upon which the aggrieved applicant is appealing the land use authority’s decision. Upon receipt of such an appeal it shall be placed on the next available appeal authority’s agenda for which the item may be reasonably scheduled. The appeal authority shall review the decision of the land use authority and their findings of facts to determine if the land use ordinances were correctly applied to the application or decision. During this review the appeal authority shall determine if the original decision was valid or invalid. If it is determined that the decision is invalid then the appeal authority may eliminate the offending condition of approval or remand the application with their findings back to the land use authority for further action. The following provisions apply generally to appeals to development approvals and decisions:
A. The appellant may only allege the land use authority erred in administering or applying the ordinance.
B. The appellant has burden of proof.
C. All theories whereby an appellant would appeal are raised to the appeal authority before appealing to district court.
D. Legislative decisions shall be valid if reasonably debatable and not illegal.
E. Administrative or quasi-judicial decisions shall be valid if supported by substantial evidence and not illegal. [Ord. O-23-2005 § 3 (Exh. 1(2) § 1.21)].
16.05.220 Tables.
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|
P.C. Hearing |
C.C. Hearing |
Notice Type |
Notice Period |
Affected Entities* |
|---|---|---|---|---|---|
|
MASTER DEVELOPMENT PLANS |
|
|
|
|
|
|
Master Development Plan |
Yes |
Yes |
Published in paper – Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in three public places |
10 Days |
Perhaps – Check definition of “affected entity” |
|
Master Development Plan Amendments |
Yes |
Yes |
Published in paper – Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in three public places |
10 Days |
Perhaps – Check definition of “affected entity” |
|
CONCEPT PLANS |
|
|
|
|
|
|
Concept Plans |
No |
No |
N/A |
N/A |
N/A |
|
PRELIMINARY PLATS |
|
|
|
|
|
|
Preliminary Plat |
Yes |
No |
Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in three public places |
10 Days |
N/A |
|
Preliminary Plat Major Amendment |
Yes |
No |
Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in three public places |
10 Days |
N/A |
|
Preliminary Plat Minor Amendment |
N/A |
N/A |
N/A |
N/A |
N/A |
|
FINAL PLATS |
|
|
|
|
|
|
Final Plats & Final Plat Amendments |
N/A |
N/A |
N/A |
N/A |
N/A |
|
LOT SPLITS |
|
|
|
|
|
|
Lot Split – Planning Director |
N/A |
N/A |
Direct mailed notice to property owners within 300 feet including at least 15 property owners – Post notice in three public places |
10 Days |
N/A |
|
LOT LINE ADJUSTMENTS |
|
|
|
|
|
|
Lot Line Adjustments |
N/A |
N/A |
N/A |
N/A |
N/A |
|
RECORDED PLAT AMENDMENTS |
|
|
|
|
|
|
Recorded Plat |
No |
Yes |
Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in three public places |
10 Days |
Perhaps – Check definition of “affected entity” |
|
Recorded Plat – Vacating Street |
Yes |
Yes |
Posted on the state public notice website, the city’s website, and City Hall and direct mailed notice to property owners and affected entities and posting on or near the public street. |
10 Days |
Perhaps – Check definition of “affected entity” |
|
BUILDING PERMITS |
|
|
|
|
|
|
Building Permit |
N/A |
N/A |
N/A |
N/A |
N/A |
NOTES: Posting the agenda for a public meeting on the website (http://emcity.org) counts as a public place, as does the state’s public notice website.
* “Affected entities” may include but are not limited to: Camp Williams (Utah National Guard), Utah Department of Transportation, Utah County, Mountainland Association of Governments, Alpine School District, Timpanogos Special Service District, Saratoga Springs, Fairfield, and Cedar Fort.
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|
Land Use Authority |
|
|---|---|---|
|
Advisory Body |
Land Use Authority |
|
|
MASTER DEVELOPMENT PLANS |
|
|
|
Master Development Plan |
Planning Commission |
City Council |
|
CONCEPT PLANS |
|
|
|
Concept Plan |
None |
Planning Commission |
|
PRELIMINARY PLATS |
|
|
|
Preliminary Plat |
Planning Commission |
City Council |
|
Preliminary Plat – One-Family, Two-Family, or Townhomes |
Development Review Committee |
Planning Commission |
|
Preliminary Plat Major Amendment |
Planning Commission |
City Council |
|
Preliminary Plat Minor Amendment |
None |
Development Review Committee |
|
FINAL PLATS |
|
|
|
Final Plat & Final Plat Amendments |
None |
Development Review Committee |
|
LOT SPLITS |
|
|
|
Lot Split |
None |
Planning Director |
|
LOT LINE ADJUSTMENTS |
|
|
|
Lot Line Adjustment |
None |
Planning Director |
|
RECORDED PLAT AMENDMENTS |
|
|
|
Recorded Plat Amendment |
Planning Commission |
City Council |
|
Recorded Plat Amendment – Vacating Street |
Planning Commission |
City Council |
|
BUILDING PERMITS |
|
|
|
Building Permit |
None |
Building Official |
* A major amendment includes an increase in lots or units, a decrease in improved open space, or a significant change to a road or lot configuration.
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|
Land Use Authority |
1st Appeal |
2nd Appeal |
3rd Appeal |
|||
|---|---|---|---|---|---|---|---|
|
Days to Appeal |
Body |
Days to Appeal |
Body |
Days to Appeal |
Body |
||
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MASTER DEVELOPMENT PLANS |
|
|
|
|
|
|
|
|
Master Development Plan |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
Master Development Plan Amendments |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
CONCEPT PLANS |
|
|
|
|
|
|
|
|
Concept Plan |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
PRELIMINARY PLATS |
|
|
|
|
|
|
|
|
Preliminary Plat |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
Preliminary Plat Major Amendment |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
Preliminary Plat Minor Amendment |
Development Review Committee |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
FINAL PLATS |
|
|
|
|
|
|
|
|
Final Plat & Plat Amendments |
Development Review Committee |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
LOT SPLITS |
|
|
|
|
|
|
|
|
Lot Split |
Planning Director |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
LOT LINE ADJUSTMENTS |
|
|
|
|
|
|
|
|
Lot Line Adjustment |
Planning Director |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
APPROVED PLAT AMENDMENTS |
|
|
|
|
|
|
|
|
Recorded Plat |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
Recorded Plat – Vacating Street |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
BUILDING PERMITS |
|
|
|
|
|
|
|
|
Building Permit |
Building Official |
30 |
District Court |
N/A |
None |
N/A |
None |
|
ADMINISTRATIVE DECISIONS |
|
|
|
|
|
|
|
|
Administrative Decisions* |
Planning Director |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
*Administrative decisions include but are not limited to: interpretations of this title, etc.
[Ord. O-38-2023 § 2 (Exh. A); Ord. O-07-2014 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) Tables 1.1 – 1.3)].
Code reviser’s note: Section 16.05.100(D) has been amended pursuant to the intent of the city to remove provisions conflicting with the amendments of Ordinance O-04-2015.