Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.030 Purpose for standards and regulations.
17.05.060 Interpretation, conflict, and severability.
17.05.080 Vacation, alteration or amendment of subdivision plats.
17.05.090 Subdivision application procedure and approval process.
17.05.010 General provisions.
The standards and regulations set forth in this chapter 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.
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. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.1, 1993.)
17.05.020 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, and land shall not be subdivided and developed until available public facilities and improvements exist (or adequate guarantees are in place) and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks and recreation facilities, streets and transportation facilities, and related improvements. If necessary and required public facilities, infrastructure and safety protections are not in place or cannot be provided for, the subdivision will not be allowed.
Proposed public improvements shall conform to the general plan, streets master plan, official zoning map, and the capital budget and infrastructure improvement program of Francis. It is intended that these regulations supplement and facilitate the enforcement of the provisions and standards contained in the currently adopted International Building Code, this title and FCC Title 18, general plan, official zoning map, and capital budget and infrastructure improvement program as they are adopted and may be amended. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.2, 1993.)
17.05.030 Purpose for standards and regulations.
The development standards and subdivision regulations are adopted for the following purposes:
1. To protect and provide for the public health, safety, and general welfare.
2. To guide future growth and development in Francis, in accordance with the comprehensive or 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 insure proper legal descriptions and monumenting of subdivided land.
8. To insure 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, assure 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 18.20 FCC. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.3, 1993.)
17.05.040 Authority.
By authority of ordinance and in accordance with Section 10-9a-601 et seq., Utah Code Annotated 1953 (as amended), and any other applicable federal, state, county or municipal laws, statutes, ordinances, and regulations of the state of Utah, the City Council hereby exercises the power and authority to review, approve, and disapprove plats for subdivision land within the corporate limits of Francis.
By the same authority, the City Council does also hereby exercise the power and authority to disapprove development in subdivisions.
1. If the plat or subdivision has been recorded in the County Recorder’s office without a prior approval by the City. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.4, 1993.)
17.05.050 Jurisdiction.
These development standards and subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the corporate limits of Francis City. Application requirements that pertain to minor subdivisions of four lots or fewer are described in Chapter 17.50 FCC.
No land shall be subdivided within Francis until the subdivider or agent submits a concept plan of the project to the Planning Commission (the concept plan shall not constitute an application for development approval, nor vest any rights to existing zoning or ordinances), obtains preliminary master plan approval from the Planning Commission and final master plan approval from the City Council for phased subdivisions, obtains a recommendation on approval of the preliminary plan and final plats from the Planning Commission, obtains approval of the final plats by the City Council, and the approved plat is filed with the County Recorder.
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.
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 plat has been approved by the City Council 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.
Any person, firm, or corporation who fails to comply with, or violates, any of these regulations shall be guilty of a class C misdemeanor. Appropriate actions and proceedings may be taken by law or in equity to prevent violation of these regulations, unlawful construction, to recover damages, restrain, correct, or abate a violation, or prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties described above. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 6.5, 1999; Ord. 66 § 6.5, 1993.)
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. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 6.6.1, 1999; Ord. 66 § 6.6, 1993.)
17.05.070 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 development standards and 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. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.8, 1993.)
17.05.080 Vacation, alteration or amendment of subdivision plats.
The City Council may, on its own motion, a recommendation by the Planning Commission, or pursuant to a petition, consider at a public hearing any proposed vacation, alteration or amendment of a subdivision plat, or any street, lot, alley or public use area contained in a subdivision plat, as provided in Sections 10-9a-608 through 10-9a-609, Utah Code Annotated 1953, as amended. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.9, 1993.)
17.05.090 Subdivision application procedure and approval process.
When subdivision of land is proposed and prior to any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner, or authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with this section.
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 assure 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. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 2011-04, 2011; Ord. 66 § 6.10, 1993.)