Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.030 Applicability, jurisdiction, and enforcement.
17.05.060 Interpretation, conflict, and severability.
17.05.070 Code text amendments.
17.05.080 Subdivision plat amendments.
17.05.090 Professional review fees.
Prior legislation: Ords. 66, 1999-1, 2011-04, 2016-09 and 2021-13.
17.05.010 Introduction.
Subdivisions in Francis shall be designed in a manner so that they may be used safely for building purposes without danger to health or peril from fire, flood, landslide, subsidence, geologic and natural hazards, or other menace. 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 improvements. If necessary and required infrastructure and safety protections are not in place or cannot be provided for, the subdivision will not be allowed. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.020 Purpose.
The subdivision regulations are adopted for the following purposes:
1. To protect and provide for the public health, safety, and general welfare of the residents of the City.
2. To guide future growth and development in Francis, in accordance with the general plan.
3. To provide for adequate light, solar access, open space, air, 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.
4. 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.
5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, trails, recreation, streets, and other public facilities.
6. 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 the pedestrian traffic facilities, and to provide for the proper location and width of streets and building setbacks.
7. To establish reasonable standards of design and procedures for subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
8. To ensure that public facilities are available and will have a sufficient capacity to serve the proposed development.
9. To prevent the pollution or degradation of air, streams, and ponds, ensure the adequacy of drainage facilities, protect subsurface water, minimize site disturbance and the removal of native vegetation and soil erosion, encourage the wise use and management of natural resources throughout the municipality, and preserve the integrity, stability, and beauty of the community and value of the land.
10. To provide for open spaces through efficient design and layout of the land using flexible density or cluster-type zoning, and flexible width and area of lots, while preserving the overall density of land as established in Chapter 17.60 FCC. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.030 Applicability, jurisdiction, and enforcement.
1. These standards and regulations relate to proposed subdivisions in the City of Francis. All subdivisions shall be consistent with this title and all other relevant sections of this title and FCC Title 18. All commercial projects will be reviewed under the provisions of Chapter 18.115 FCC.
2. This title does not apply to land use regulations adopted, approved, or agreed upon by the City Council exercising land use authority in the review of land use applications for zoning or other legislative land use regulation approvals.
3. These standards and regulations may be known, cited, and referred to as the development standards and/or subdivision regulations of the City of Francis, Utah.
4. No land shall be subdivided within Francis until the subdivider or agent obtains approval of the final subdivision application from the Administrative Land Use Authority and the approved plat is filed with the County Recorder.
5. No building permit or certificate of occupancy will 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 unless approved under prior subdivision ordinance. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the applicable City regulations.
6. No owner, or agent, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a final subdivision application has been approved by the City in accordance with the provisions of these regulations and filed with the County Recorder. 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. The City may approve metes and bounds descriptions for purposes of lot line adjustments and resolving conflicting boundary descriptions. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.040 Authority.
By authority of ordinance and in accordance with Section 10-9a-601 et seq., Utah Code (as amended), and any other applicable federal, state, county or municipal laws, statutes, ordinances, and regulations of the state of Utah, the City Council through the Administrative Land Use Authority hereby exercises the power and authority to review, approve, and disapprove plats for subdivision of land within the corporate limits of Francis.
By the same authority, the Administrative Land Use Authority does also hereby exercise the power and authority to disapprove development in subdivisions if the plat or subdivision has been recorded in the County Recorder’s office without prior approval by the City. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.050 Definitions.
“Administrative Land Use Authority” means the appointed board, consisting of the City Planner, Public Works Director, City Engineer, and others as assigned, responsible for reviewing applications and approving land use decisions arising from subdivision applications. The Planning Commission shall be part of the appointed board for the review of the preliminary subdivision application only. The process is administered and overseen by the City Planner or designee. Members of the City Council shall not be appointed to the Administrative Land Use Authority for single-family, townhome, and twin-home land use applications. The City Council shall be the Administrative Land Use Authority for the approval of vacating a street, right-of-way, or easement only.
“Administrative Land Use Authority response” means the written response provided by the Administrative Land Use Authority after a subdivision ordinance review and/or subdivision plan review. The response shall be specific and include citations to ordinances, standards, or specifications that require modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions.
“Applicant” or “subdivider” or “developer” means a person or persons making an application to create a subdivision.
Applicant Reply. In addition to revised plans, an applicant shall provide a written explanation in response to the Administrative Land Use Authority’s response, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. The applicant’s written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions for each required correction. If the applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.
“City” means Francis City, Utah.
“City Engineer” means the City Engineer of Francis City or any individual or firm retained or designated by Francis City as the City Engineer for the purpose of performing engineering duties.
“City Planner” means the City Planner or contracted City Planner.
Complete Application. A preliminary or final subdivision application shall be considered complete as defined in each application section.
“County” means Summit County, Utah.
“Development, design, and construction standards” means the Francis City Standard Specifications and Drawings (as amended).
“Geological hazard area” means property identified to be within the City’s “sensitive lands regulations” – see Chapter 18.120 FCC.
“Improvements” means all infrastructure improvements, such as water, sewer, storm drain, land drain, secondary water, curbs, gutters, trail, sidewalk, grading, streetlights, paving, landscaping, fencing, electric power, natural gas, communication lines, and all other elements required by this title and the Francis City Standard Specifications and Drawings.
“Planning Commission” means the Francis City Planning Commission.
“Subdivision improvement plans” means civil engineering and design plans associated with required infrastructure and City-owned/operated utilities required for a subdivision.
“Subdivision ordinance review” means a review to verify that an application for a subdivision meets the criteria of the applicable City ordinance(s).
“Subdivision plan review” means a review of the applicant’s subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with all ordinances and applicable standards and specifications, including the current Francis City Standard Specifications and Drawings. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.060 Interpretation, conflict, and severability.
1. Interpretation. 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.
2. Conflict With Public and Private Provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision or ordinance, rule or regulation, or law, whichever provision is more restrictive or imposes higher standards shall control.
Further, 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 control. 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 approval, 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 City is under no obligation to enforce private covenants.
3. Severability. 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. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.070 Code text amendments.
For the purpose of protecting the public health, safety, and general welfare, the City 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 City Council in the manner prescribed by law and outlined in Chapter 18.05 FCC. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.080 Subdivision plat amendments.
1. Vacation of a Public Street, Lot, Alley, or Public Use Contained in a Subdivision Plat. The City Council may, on its own motion, a recommendation by the Planning Commission, City staff, or pursuant to a petition, consider at a public hearing any proposed vacation.
2. Alteration or Amendment of a Subdivision Plat. The Administrative Land Use Authority, pursuant to a petition, shall consider the alteration or amendment of a subdivision plat, as provided in Sections 10-9a-608 through 10-9a-609, Utah Code. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.05.090 Professional review fees.
Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To ensure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City’s then-prevailing fee and rate ordinance.
All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants when fees are incurred for the applicant’s project. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City’s then-prevailing fee and rate ordinance. If at any time an applicant’s deposit account does not comply with the provisions set forth herein, the City’s staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant’s deposit account shall be refunded to the applicant. (Ord. 2024-10 § 1 (Exh. A), 2024.)