Chapter 17.15
IMPROVEMENT, DESIGN, AND LAYOUT CONSIDERATIONS
Sections:
17.15.020 Plats straddling or bordering municipal boundaries, annexations.
17.15.060 Ridgeline and hillside development.
17.15.080 Drainage ways and irrigation ditches.
17.15.090 Limits of disturbance/vegetation protection.
17.15.110 High water table areas.
17.15.010 Generally.
The criteria in this section and Chapter 17.20 FCC shall be used as a guide in preparing the preliminary subdivision application. The Administrative Land Use Authority will also use these criteria in its consideration of approving the preliminary and final subdivision plat application.
In addition to the requirements established herein, all subdivision plats shall comply with all applicable statutory provisions, sensitive lands overlay zone regulations, International Building Code and related codes, City design standards and specifications, the official streets master plan, the general plan, the official zone map, the trails master plan, public utilities plans, capital improvements program of the City or any other local government having jurisdiction in the development, including all streets, trails, drainage systems, and parks shown on the official map or general plan as adopted or amended for the subdivision, and the rules of the Utah Department of Transportation if the subdivision or any lot contained therein abuts a state highway.
If the owner places restrictions on any of the land contained in the subdivision greater than those required by this title, FCC Title 18 or these regulations, such restrictions or reference thereto may be required to be indicated on the final plat, or the Administrative Land Use Authority may require that restrictive covenants be recorded with the County Recorder in a form to be approved by the City Attorney. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12, 1993. Formerly 17.20.010.)
17.15.020 Plats straddling or bordering municipal boundaries, annexations.
Whenever a subdivision is proposed that includes property under the jurisdiction of another entity, the Administrative Land Use Authority may require the annexation of the property involved.
If the area in the county is not annexed, the City and county shall work together in a cooperative arrangement or through an interlocal agreement, if necessary, to ensure that the portion of the development lying in the county is as compatible as possible with the City codes, development regulations and general plan.
When a development lies entirely within the county but gains access from a City street or across property within the City’s jurisdiction, the developer must receive a conditional use permit to guarantee that the proposed development will not have a negative impact on City services, streets or public interest. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 6.13.1, 1999; Ord. 66 § 6.12.1, 1993. Formerly 17.20.020.)
17.15.030 Monuments.
The applicant shall place permanent reference monuments in the subdivision as required herein or as otherwise approved by the City Engineer.
Monuments shall be installed in accordance with the Francis design standards, construction specifications and standard drawings and located on street right-of-way lines, at street intersections, and angle points of curves. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.
All monuments shall be properly set in the ground and approved by a registered land surveyor prior to the time the plat is recorded unless a performance guarantee is established in accordance with the provisions of this chapter. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.2, 1993. Formerly 17.20.030.)
17.15.040 Unsuitability.
If the Administrative Land Use Authority finds lands unsuitable for subdivision or development due to natural hazards, flooding, improper drainage, fire, steep slopes, rock formations, geologic hazards, potentially toxic wastes, adverse earth formations or topography, wetlands, utility easements, unsuitable for service of public utilities, wildlife habitats that cannot be reasonably mitigated, or other natural features, including ridgelines and hilltops, which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or surrounding areas, the land shall not be subdivided or developed.
The development may be made suitable if adequate methods are formulated by the developer and approved by the City, upon recommendation of a qualified planner or engineer hired by the developer and approval of the City Engineer, to solve or remedy the problems created by the unsuitable land conditions. The burden of the proof shall lie with the developer to establish the viability of development in these sensitive or unsuitable areas. Unsuitable land shall be set aside or reserved for uses as shall not involve such a danger or severe environmental impact. Lands located in sensitive lands areas may be further regulated by FCC Title 18.
Additionally, consideration must be given to soil conditions and ground water existence and may include appropriate setbacks and conservation requirements. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.3, 1993. Formerly 17.20.040.)
17.15.050 Subdivision name.
The proposed name of the subdivision and all roadways contained therein shall not duplicate, or too closely approximate phonetically, the name of any other subdivision or street in the area covered by these regulations or nearby communities. The Administrative Land Use Authority shall have final authority to approve the name of the subdivision and the street names. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.4, 1993. Formerly 17.20.050.)
17.15.060 Ridgeline and hillside development.
Protection of ridges from development which would be visible against the skyline from prominent areas or designated vantage points (as per Chapter 18.120 FCC) in Francis will be maintained. Hillside development which may disturb agricultural uses may be prohibited unless it can be shown that the development and improvements will be constructed or clustered in a way to minimize impacts. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.5, 1993. Formerly 17.20.060.)
17.15.070 Open space.
Units may and should be clustered in the most developable and least sensitive portions of the site with common open space corridors separating clusters. The open space corridors should be designed to coincide with significant vegetation and in many cases left natural. Open space areas will be the maintenance responsibility of a homeowners’ association, unless dedicated and accepted by the City. Open space conservation easements dedicated in perpetuity to a qualified land trust are encouraged to prevent future development of open space. Note that roads and rights-of-way shall not be used in the calculations for open space or density. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016- 09 § 1, 2016; Ord. 1999-1 § 6.13.6, 1999; Ord. 66 § 6.12.6, 1993. Formerly 17.20.070.)
17.15.080 Drainage ways and irrigation ditches.
Existing natural drainage and irrigation ditches or rights-of-way shall be preserved. Notification, an agreement, and a recommendation from irrigation companies shall be required for development in certain circumstances as determined by the City when the development impacts irrigation works or access.
When required, a committee shall be organized to review impact on drainage ways and irrigation ditches. The committee shall include the following as a minimum: a member from the City Council, a member from the Planning Commission, the City Engineer, the development engineer, and a representative from each water company. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.7, 1993. Formerly 17.20.080.)
17.15.090 Limits of disturbance/vegetation protection.
A separate plan which addresses limits of disturbance and vegetation protection during construction and revegetation of disturbed areas may be required. This shall include construction necessary for all project improvements such as roads and utilities. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.8, 1993. Formerly 17.20.090.)
17.15.100 Fire sprinkling.
Fire sprinkler systems may be required in projects pursuant to the applicable fire code. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 6.13.9, 1999; Ord. 66 § 6.12.9, 1993. Formerly 17.20.100.)
17.15.110 High water table areas.
1. Water Table Review. In areas that are known for the potential of ground water impacts, a ground water investigation shall be made by a geotechnical engineer and provided to the City for review with the final subdivision application to include the following:
a. What mitigation measures should be taken to ensure that homes will be protected from potential ground water impacts, including a proposed method of ground water disposal to be reviewed and approved by the City Engineer or his/her designee.
b. The developer shall provide ground water information to each lot purchaser/owner and disclose the information on the plat.
c. Any proposed or existing drainage plans for high water table areas.
2. Drainage Systems. Ground water drainage systems, if required, shall be designed and installed in accordance with construction standards and specifications determined by the City Engineer. All drainage systems shall be extended to the outermost boundaries of the subdivision by the developer.
3. Existing Infrastructure. The developer shall install or replace, when required by the City, all sewer and water systems within a high water table area to eliminate or minimize possible damage to such systems.
4. Lot Restrictions in High Water Table Areas. The City may prohibit basements in high water table areas upon recommendation from the City Engineer. Sump pumps, French drains, or other like devices which drain into the sanitary sewer system are prohibited. Due to the high water tables in Francis City, basements are strongly discouraged. Plats in high water table areas shall have a warning printed on the plat stating that basements are strongly discouraged and that the City of Francis assumes no responsibility or liability for damage done by high water tables to basements. (Ord. 2024-10 § 1 (Exh. A), 2024; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 6.12.10, 1993. Formerly 17.20.110.)