Chapter 3
DEVELOPMENT APPLICATION PROCEDURE AND APPROVAL PROCESSlinklink

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10-3-1: PERMITS REQUIRED:
10-3-2: GENERAL PROVISIONS:
10-3-3: TEMPORARY USE APPROVAL:
10-3-4: LOW IMPACT PERMIT:
10-3-5: CONDITIONAL USE PERMIT:
10-3-6: ZONING VARIANCES:
10-3-7: SPECIAL EXCEPTIONS:
10-3-8: CONDOMINIUM PLATS:
10-3-9: MINOR DEVELOPMENT REVIEW:
10-3-10: MAJOR DEVELOPMENT REVIEW:
10-3-11: SPECIALLY PLANNED AREA (SPA) REVIEW FOR RESIDENTIAL AND COMMERCIAL DENSITIES IN THE TC AND RC ZONE DISTRICTS:
10-3-12: SKETCH PLAN SUBMISSION REQUIREMENTS:
10-3-13: PRELIMINARY PLAN SUBMISSION REQUIREMENTS:
10-3-14: FINAL SUBDIVISION PLAT SUBMISSION REQUIREMENTS:
10-3-15: FINAL SITE PLAN SUBMISSION REQUIREMENTS:
10-3-16: SPA PLAN SUBMISSION REQUIREMENTS:
10-3-17: LOT LINE ADJUSTMENTS:
10-3-18: AMENDMENT TO RECORDED SUBDIVISION PLAT:
10-3-19: DEVELOPMENT AGREEMENTS:
10-3-20: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY:

10-3-1: PERMITS REQUIRED:linklink


No development or development activity may be undertaken within the unincorporated area of the Snyderville Basin unless all development permits applicable to the proposed development or subdivision of land are issued in accordance with the provisions of this title. (Ord. 708, 12-10-2008)
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10-3-2: GENERAL PROVISIONS:linklink


A. Initiation: An application for development approval or development permit shall be initiated by submitting the appropriate application to the community development director (hereinafter referred to as "CDD").


B. Review And Recommendation Of CDD Or Designated Planning Staff Member:

1. The CDD or designated planning staff member shall review the application for sufficiency. If the CDD or designated planning staff member determines that the application does not contain information sufficient to determine the appropriate approval procedure or compliance with this title, the CDD or designated planning staff member shall serve a written notice on the applicant specifying the deficiencies of the application. The CDD or designated planning staff member shall take no further action on the application unless the deficiencies are remedied. An application for development approval shall be deemed insufficient if any relevant information is not provided, if the application form is not signed by the applicant or authorized agent, required fees are not paid, or if other information, as may be specified by the CDD or designated planning staff member and which is necessary to adequately review the application, is not supplied in a timely fashion. If adequate information is not submitted within thirty (30) days of CDD or designated planning staff member notification, all application materials will be returned to the applicant.

2. A determination of sufficiency shall not constitute a determination of compliance with the substantive requirements of this title, nor shall it indicate that the information submitted by the applicant is accurate or has been verified. Additional information may be required at a later date through the approval process.

3. All development approvals shall be conditioned so that no building permit shall be issued on the subject property until all outstanding and current property taxes have been paid to date of approval.

4. The director is delegated authority necessary to make administrative interpretations of this title and to provide such guidance as is necessary to applicants for development approval consistent with and in furtherance of chapter 1, "Program For Resort And Mountain Development", of this title.


C. Legislative Actions: The director or county council may, in their discretion, combine the processing and hearing of development permits, procedures for legislative action, or requests for major or minor development review, conditional use permit, or low impact permit. (Ord. 708, 12-10-2008)


D. Project Closure Due To Inaction: Recognizing the length of the planning review process will vary with the size and complexity of each proposal, applicants must move their applications either to approval or denial in a reasonably expeditious manner. The county may formally close applications which remain inactive for nine (9) months or longer due to acts or omissions of the applicant.

1. When the CDD or designated planning staff member determines an application inactive, he/she may close the files with respect to the application. No application may be closed on the basis of inaction without giving twenty one (21) calendar days' certified written notice to the applicant. Such notice must state the intent of the CDD or designated planning staff member to have the project closed because of inaction and what the applicant must submit in order to maintain an active file status.

2. An application shall be deemed inactive and subject to closure on the basis of inactivity if, through the act or omission of the applicant and not the county, one of the following occurs:

a. More than nine (9) months have passed since the last meeting of staff and the applicant.

b. More than nine (9) months have passed since a request for additional information was made by staff, which request has not been complied with or reasons for noncompliance are not stated or indicated by the applicant. (Ord. 730, 12-2-2009)

c. The applicant is more than thirty (30) days in default of the payment of any fee assessed by ordinance.

d. The applicant has stated intent to abandon the project. (Ord. 708, 12-10-2008)

Delays caused entirely by internal delays of the staff, planning commission, county council or board of adjustment shall not be a cause for file closure. (Ord. 730, 12-2-2009)

3. An applicant may appeal the community development director's denial of an application for inaction to the board of adjustment in the same manner as any other appeal. The role of the board of adjustment is to determine if the director correctly applied subsection B of this section. The board of adjustment may reinstate subject to payment of full or partial submission fees, reinstate subject to specific ordinance changes, or deny reinstatement. If reinstatement is denied, the application is considered formally denied. If the applicant desires to proceed with the project, the applicant must submit a new application and pay new submission fees, and the new application shall be subject to all ordinances then in effect. (Ord. 708, 12-10-2008)

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10-3-3: TEMPORARY USE APPROVAL:linklink


A. Purpose: Upon compliance with the provisions of this section, a temporary use approval may be granted by the CDD or designated planning staff member, with reasonable conditions necessary for the protection and preservation of the public health, safety and welfare. This section is intended to provide a process and procedure for reviewing and approving, approving with conditions, or denying a temporary use, or limited duration activity that will provide an overall benefit to the community for the time frame during which it is permitted to exist.


B. Qualification For Temporary Use: Uses designated as temporary uses in section 10-2-10 of this title qualify for temporary use review, unless otherwise permitted in this title.


C. Criteria For Approval: Before an application for a temporary use is approved by the CDD or designated planning staff member, it shall conform to the following criteria:

1. The proposed use shall be appropriate, on a temporary basis (not more than 1 year in duration), in the particular location, taking into account the nature of the use, its relationship to surrounding land uses and its impact on the natural environment.

2. The proposed use will not be in violation of any county, state or federal laws.

3. The applicant shall present evidence to show approval of the landowner for the particular use, unless the land is owned by the applicant and, in such case, the applicant shall submit proof of ownership.

4. The applicant shall demonstrate that it possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner.

5. The site shall be returned to its original condition or when significant disturbance has occurred, to a condition to be approved by the planning commission. The CDD or designated planning staff member may require the applicant or the owner of the property subject to an application for development approval for a temporary use permit to establish an escrow account, post a bond, or other financial security in such form and sum as determined by the CDD or designated planning staff member to ensure site restoration.

6. The use shall not adversely affect, in a significant manner, the public health, safety and general welfare.


D. Review Procedure:

1. The applicant shall submit a completed temporary use application form, fee, and all information deemed necessary and reasonable by the CDD or designated planning staff member to conduct a detailed assessment of the impacts of the proposed use. The community development department shall approve, approve with conditions, or deny the temporary use application and shall communicate the decision to the applicant. Approval of a temporary use shall not be considered valid unless a specific period of time during which the use may exist and operate is designated.

2. In proposals where the CDD or designated planning staff member determines that potential issues may arise or additional comment is needed from the community, a public hearing on the application may be scheduled with the planning commission. The applicant shall receive notice of the hearing. Following the public hearing, the planning commission shall make a recommendation to the CDD or designated planning staff member regarding an approval, approval with conditions, or denial of the application. (Ord. 708, 12-10-2008)

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10-3-4: LOW IMPACT PERMIT:linklink


A. Purpose: This section is intended to provide a process and procedure for reviewing and approving, approving with conditions, or denying a low impact use. Upon compliance with the provisions of this section, a low impact use approval may be granted by the CDD or designated planning staff member, with reasonable conditions necessary for the protection and preservation of the public health, safety and welfare.


B. Submission: An application for approval of a low impact permit shall be commenced by filing a sketch plan and paying the applicable fee with the director.


C. Review Procedure:

1. The applicant shall meet with the CDD or designated planning staff member and shall provide a sketch plan. The sketch plan shall contain enough information, in graphic and text form, to adequately describe to the satisfaction of the CDD or designated planning staff member the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement. The CDD or designated planning staff member should determine whether the application is sufficient and in compliance with the provisions of this title and the general plan. The CDD or designated planning staff member may require the applicant to submit a subdivision plat or a final site plan, as required in this title.

2. In proposals where the CDD or designated planning staff member determines that potential issues may arise or additional comment is needed from the community, a public hearing on the application may be scheduled with the planning commission. The applicant shall receive notice of the hearing. Following the public hearing, the planning commission shall make a recommendation to the CDD or designated planning staff member regarding an approval, approval with conditions or denial of the application.

3. The CDD or designated planning staff member shall approve, approve with conditions, or deny the low impact permit application and shall communicate the decision to the applicant. The CDD or designated planning staff member may impose all reasonable conditions necessary to ensure compliance with the goals, objectives and policies of the general plan and applicable provisions of chapter 4 of this title. The CDD or designated planning staff member may also provide written notice of such decision to any persons who have requested notice of such decision. Any person aggrieved by such decision may appeal the decision in accordance with the provisions of this title.


D. Qualification For Low Impact Use: The following uses qualify for low impact permit consideration, unless otherwise permitted in this title:

1. Uses designated as low impact permit uses in section 10-2-10 of this title;

2. The conversion of an existing building or structure from its current or previous use to a new or substantially different type of activity or use;

3. A minor expansion of a lawfully created nonconforming use which:

a. Is less than a fifteen percent (15%) increase of the existing structure gross square footage but no greater than ten thousand (10,000) square feet.

b. Is less than a fifteen percent (15%) increase of the existing total acreage but no greater than five (5) acres, if the use is primarily an outdoor use.


E. Permit Criteria: Any use qualifying for a low impact permit must meet the following criteria:

1. The use does not significantly increase vehicular traffic, unless the increases are consistent with previously approved plans for which appropriate mitigation has been contemplated and which has been implemented in an appropriate manner to accommodate the proposed amendment;

2. The use does not significantly increase the demand for parking; unless the increases are consistent with previously approved plans for which appropriate mitigation has been contemplated and which has been implemented in an appropriate manner to accommodate the proposed amendment;

3. The use does not intensify the likelihood of pedestrian and vehicular conflicts;

4. The use does not create unsightly conditions, including, but not limited to, unscreened storage and other environmental concerns;

5. Buildings and other structures shall provide a human scale consistent with adjacent development and appropriate to residential uses and consistent with adjacent conforming development in the zoning districts. The massing, scale, and architectural design shall be consistent with the design guidelines established in section 10-4-19 of this title;

6. The use does not intensify noise levels or odors;

7. The use does not create significant dust and dirt conditions, which cannot be adequately mitigated;

8. The use does not intensify lighting and glare conditions;

9. The site shall be landscaped according to section 10-4-20 of this title;

10. The use does not create a sudden change in privacy for adjacent property owners;

11. The proposed use shall be in compliance with the standards of approval of development permits in chapter 4 of this title; and

12. The use is generally consistent with the goals and policies of the general plan. (Ord. 708, 12-10-2008)

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10-3-5: CONDITIONAL USE PERMIT:linklink


A. Applicability:

1. Conditional uses are those uses which are generally compatible with the permitted uses in a zoning district, but which, because of their size, scale, intensity of use, traffic generation, or other characteristics, require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.

2. Only those uses that are enumerated as conditional uses in a zoning district (section 10-2-10 of this title) shall be authorized by the commission.

3. Conditional uses may be established only upon approval of a conditional use permit pursuant to this section.


B. Criteria For Approval: No conditional use permit shall be approved unless the applicant demonstrates that:

1. The use is in accordance with the general plan;

2. The use conforms to all applicable provisions of this title, including, but not limited to, any applicable provisions of this section and chapter 4 of this title, the general plan, and state and federal regulations;

3. The use is not detrimental to public health, safety and welfare;

4. The use is appropriately located with respect to public facilities; and

5. The use is compatible with the existing neighborhood character and with the character and purpose provision of the applicable zoning district, and will not adversely affect surrounding land uses. (Ord. 708, 12-10-2008)


C. Special Standards For Conditional Uses: In addition to the standards established in this section and in chapter 4 of this title for particular uses, all conditional uses within a zoning district shall conform to the following standards and criteria: (Ord. 818, 2-26-2014)

1. The commission may require the applicant or the owner of the property subject to an application for development approval for a conditional use permit to establish an escrow account, post a bond or provide other financial security, in such form and sum as the commission shall determine, with sufficient surety running to the county to offset any extraordinary costs or expenses associated with the following: a) construction of any highways, roads, water or sewer mains, drainage facilities, or other public infrastructure; b) landscaping; c) compliance with the requirements of this section, any applicable special requirements set forth in this section and chapter 4 of this title, and the conditions attached to the development permit; and d) any expense requirements set forth in this section and chapter 4 of this title, and the conditions attached to the development permit, including the provision of facilities or structures, maintenance or construction work, or the execution or fulfillment of conditions of a continuing nature.

2. The proposed development shall not cause a reduction in the adopted level of service for any public facility.

3. Lighting shall not be directed or reflected upon adjoining land and shall meet all other related requirements of section 10-4-21 of this title with respect to exterior lighting.

4. The natural topography, soils, critical areas, watercourses and vegetation shall be preserved and used, where possible, through careful location and design of circulation ways, buildings and other structures, parking areas, recreation areas, open space, utilities and drainage facilities.

5. All roads shall provide free movement for safe and efficient use within the development. Local roads shall provide access to the site in a manner that discourages unsafe and congested conditions, and which provides convenient accessibility to parking areas, arterial and collector roads that shall be free of backing movement from adjoining parking areas and free from congestion and public safety problems.

6. Vehicular and pedestrian passageways shall be separated from public rights of way. Where appropriate, a system of walkways and bicycle paths connecting buildings, open spaces, recreation areas, public facilities, and parking areas shall be provided and appropriately lighted for night use.

7. Buildings and other structures shall provide a human scale consistent with adjacent development and appropriate to residential uses in the RR, HS, MR, CC, SC, and NC zoning districts, and consistent with adjacent conforming development in the zoning districts. The massing, scale and architectural design shall be consistent with the design guidelines established in section 10-4-19 of this title. (Ord. 708, 12-10-2008)

8. The volume rate of postdevelopment runoff shall not exceed predevelopment runoff. Runoff calculations shall be submitted with the application for site plan approval and shall be based upon: a) the 25-year, twenty four (24) hour design storm event; b) a fully developed contributing drainage area; c) the specific location of the proposed development; d) the proposed land use and use density or intensity; and e) the specific location and amount of impervious surfaces, in square feet.

9. The site shall be landscaped in accordance with the requirements of section 10-4-20 of this title. (Ord. 708, 12-10-2008; amd. Ord. 818, 2-26-2014)


D. Submission Requirements: An applicant shall submit a conditional use permit application and pay the fee for the review thereof; the conditional use permit shall contain enough information, in graphic and text form to adequately describe the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement, including, but not limited to:

1. A detailed site plan, drawn to a scale, of not more than one inch equals one hundred feet (1" = 100') that includes:

a. A vicinity map and north arrow;

b. The location and arrangement of all proposed uses, including the building area;

c. The height and number of floors of all buildings, other than single-family dwellings, both above and below or partially below the finished grade;

d. A cross section elevation plat depicting all buildings, structures, monuments, and other significant natural and manmade features of the proposed development;

e. Setbacks from the property lines for all structures;

f. The traffic and pedestrian circulation system, including the location and width of all roads, driveways, entrances to parking areas, trails, and pedestrian pathways;

g. Off road parking and loading areas and structures, and landscaping for parking areas;

h. Architectural elevations and features of typical proposed structures, including lighting fixtures, signs and landscaping;

i. When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units, and approximate completion date for the construction of each stage or unit;

j. A final statement in tabular form which sets forth the following data, when such data is applicable to a given development plan:

(1) The area of the parcel, including total acreage of roads or other easements;

(2) Total number of dwelling units, by development phase or total amount of square footage for nonresidential uses;

(3) Residential and/or nonresidential density and units per acre;

(4) Total floor area and floor area ratio for each type of use;

(5) Total area in open space and trails;

(6) Total area in development recreational open space; and

(7) Total number of off road parking and loading spaces.


E. Review Procedure:

1. The CDD or designated planning staff member shall review the conditional use permit application and make preliminary findings as to whether the application complies with the development approval criteria established in this title and all applicable provisions of the general plan.

2. The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the commission as soon thereafter as may be practicable.

3. The commission shall review the application and staff report. After conducting a public hearing, the commission shall approve, approve with conditions, or deny the proposed conditional use permit. The commission may impose conditions or requirements in addition to those prescribed in this section and chapter 4 of this title in order to ensure that the proposed use is compatible with other uses permitted in the applicable zoning district and to mitigate or eliminate the adverse impacts of the proposed use, as set forth in subsection D of this section.


F. Time Limit For Action:

1. An approval of a conditional use permit shall be valid for a period of time not to exceed one (1) year from the date of such approval, but said approval may be extended for a period not to exceed one (1) year by the commission upon the property owner submitting to the commission satisfactory evidence indicating that reasonable progress is being made to provide project infrastructure and to complete construction. If a conditional use permit is allowed to expire, the applicant or property owner will be required to submit a new proposal for review and approval under the development regulations in place at that time.


G. Mandatory Review Process:

1. Conditional use permits are subject to periodic reviews by the CDD or designated planning staff member to assess if the conditions of approval are being satisfied. If the original conditions associated with the conditional use permit are not being satisfied, the commission may commence the conditional use permit revocation process.


H. Establishment Of A Conditional Use Permit: Final approval of a conditional use permit shall be in the form of a letter to the applicant specifically identifying each condition together with the approved site plan and any other accompanying documents determined to be relevant by the CDD or designated planning staff member and stamped approved.


I. Amendments To Conditional Use Permits:

1. Minor Amendment: A "minor amendment" is defined as an amendment that does not increase the square footage, density, or intensity of a previously approved conditional use permit, which may be approved administratively. A minor amendment may be commenced by filing a low impact permit application and paying the fee for the review thereof. Refer to section 10-3-4 of this chapter for detailed submission requirements and review process.

2. Major Amendment: A "major amendment" is defined as an amendment that increases square footage, density, and/or intensity of a previously approved conditional use permit. A major amendment may be commenced by filing a conditional use permit application and paying the fee for the review thereof. Refer to this title for detailed submission requirements and review process.


J. Adult/Sex Oriented Facilities And Businesses1:

1. Findings; Zones Permitted As Conditional Use: The County Council finds that the appropriate location for adult/sex oriented facilities and businesses within the County is within concentrated areas of the County where it can be better regulated by County officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. Within the unincorporated County, adult/sex oriented facilities and businesses shall be allowed as specified herein, and shall conform to the criteria mandated under this subsection and title 3, chapter 5 of this Code, governing such activities. This title is hereby amended to allow adult/sex oriented facilities and businesses as outlined in section 10-2-10 of this title.

2. Conditional Use Permit Required: Adult/sex oriented facilities and businesses must be approved in accordance with the provisions of this subsection and title 3, chapter 5 of this Code. In all cases, a design and site plan diagramming the premises shall be provided as part of the application process. A public hearing shall be required in all cases prior to the issuance of a conditional use permit. The applicant shall receive notice of the public hearing. The procedures for issuance of conditional use permits, as found in the appropriate Development Code, shall be followed in all cases. A final decision by the County as to the issuance of a conditional use permit for an adult/sex oriented facility or business shall be made within ninety (90) days of receipt of a completed application by the Department of Community Development, unless a delay is requested or agreed upon by the applicant, or where the applicant is causing the delay by not providing needed information. The CDD or designated planning staff member shall communicate the final decision to the applicant.

3. Nonconforming Uses:

a. Right To Continue: Adult/sex oriented facilities and businesses already existing within the unincorporated area of the County shall have the right to continue in their businesses without a conditional use permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, as provided in this subsection and title 3, chapter 5 of this Code, within ninety (90) days of the adoption of the ordinance codified herein. A time extension may be granted where the county manager determines, on a case by case basis, that a hardship exists for a business owner/operator.

b. Change Or Extension/Enlargement Of Use: Any nonconforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing development code.

c. Cessation Of Use: If active and continuous operations are not carried on in a nonconforming use during a continuous period of one year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

4. Right Of Appeal: All appeals from denials by the planning commission or county manager of conditional use permit applications shall be as provided in this title, the eastern Summit County development code (as applicable), and Utah Code Annotated section 17-27a-801, to the district court within thirty (30) days of the planning commission/county manager's final action.

5. Penalty: Violations of any of the provisions of this subsection J shall subject the offender to the penalties as provided in this title, other applicable state law, or where no penalty is otherwise provided, a fine of not more than seven hundred fifty dollars ($750.00) and a ninety (90) day jail sentence. (Ord. 708, 12-10-2008)

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10-3-6: ZONING VARIANCES:linklink


A. General: Where the BOA finds that unreasonable hardships may result from strict compliance with the zoning provisions of this title, it may approve variances to the zoning provisions of this title, when otherwise permitted under subsection 10-9-10E of this title, so that substantial justice may be done and the public interest secured; provided, that the variance shall not have the effect of nullifying the intent and purpose of this title.


B. Standards: The BOA shall not approve a variance unless it shall make findings, based upon the evidence presented to it in each specific case, that all of the following provisions apply:

1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;

2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;

3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and

5. The spirit of the provisions of this title is observed and substantial justice done.


C. Conditions: In approving variances, the BOA may require such conditions as will, in its judgment, mitigate any harmful effects of the variance and secure substantially the purposes of this title.


D. Use Variances Prohibited: The BOA may not grant use variances.


E. Review Procedures:

1. The CDD or designated planning staff member shall review the BOA application and make preliminary findings as to whether the application complies with the standards for approving a variance established in this title.

2. If applicable, the CDD or designated planning staff member may secure input regarding the proposed request from any affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the BOA.

3. The BOA shall review the application and staff report. After conducting a public hearing, the BOA shall approve, approve with conditions, or deny the proposed request.

4. No petition for judicial review may be filed unless and until the applicant has exhausted all manners of relief and processes as are provided herein and in this title. (Ord. 705, 10-15-2008; amd. Ord. 708, 12-10-2008)

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10-3-7: SPECIAL EXCEPTIONS:linklink


A. Purpose: Where the county council finds that an applicant has a unique circumstance or equitable claim which makes strict enforcement of the provisions of this title unduly burdensome, it may, after a public hearing, approve special exceptions to the zoning provisions of this title so that substantial justice may be done and the public interest secured; provided that the special exception does not have the effect of nullifying the intent and purpose of this title or any provision thereof. (Ord. 730, 12-2-2009)


B. Criteria For Approval: The county council shall not approve a special exception unless the applicant demonstrates that:

1. The special exception is not detrimental to the public health, safety and welfare;

2. The intent of the development code and general plan will be met; (Ord. 723, 7-22-2009)

3. The applicant does not reasonably qualify for any other equitable processes provided through the provisions of this title; and (Ord. 730, 12-2-2009)

4. There are equitable claims or unique circumstances warranting the special exception.


C. Submission Requirements: An application for a special exception shall not be accepted as complete unless such application contains sufficient information in graphic and text form to adequately describe the applicant's objective and all applicable fees are paid. (Ord. 723, 7-22-2009)


D. Review Procedure:

1. If applicable, the CDD or designated planning staff member may obtain input regarding the proposed special exception from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the county council as soon thereafter as may be practicable.

2. The county council shall review the application and staff report. After conducting a public hearing, the county council shall approve, approve with conditions, or deny the special exception request. (Ord. 730, 12-2-2009)


E. Appeal Procedure:

1. An administrative decision of the CDD or designated planning staff member not to forward an application for a special exception to the county council because there are other remedies provided in this title may be appealed to the county manager.

2. An appeal of the county council's decision may be appealed to the district court, per section 10-9-22 of this title. (Ord. 723, 7-22-2009)

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10-3-8: CONDOMINIUM PLATS:linklink


A. Plat Requirements: A detailed condominium plat is required in all cases which comply with the definition of "condominium" contained in chapter 11 of this title. A condominium plat shall contain the information required for a final site plan as identified in section 10-3-15 of this chapter. CCRs for the development shall also be submitted for review by the Summit County attorney's office prior to recordation of the plat.


B. Review Procedure: The review procedure for a condominium plat shall be the same as the review procedure for a final site plan, as outlined in section 10-3-15 of this chapter.


C. Issuance Of Building Permit: Building permits for condominium units can be issued following approval of the final plat by the commission and the county manager as provided by this chapter. The building permit will be issued based upon a certified architectural plan of the building elevation and floor plans as approved by the building official.


D. Filing: All condominium plats shall be filed in the office of the county recorder following completion of construction and before acceptance of improvements. (Ord. 705, 10-15-2008; amd. Ord. 708, 12-10-2008; Ord. 723, 7-22-2009)

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10-3-9: MINOR DEVELOPMENT REVIEW:linklink


A. Purpose: The purpose of the minor development review provision is to provide a simplified and appropriate procedure for reviewing all residential development proposals in the RR, HS, and MR zone districts that are consistent with the density allowances permitted in the zone districts, up to a maximum of ten (10) lots, unless exempted by an unexpired vested development permit or an adopted consent or development agreement. Minor development review shall also be used in proposals where a request is being made to increase density according to section 10-2-11, "Incentive Density", of this title; up to a maximum of ten (10) lots. This process is intended to be largely an administrative review.


B. Exemption: One new parcel, a minimum of one acre in size and located at least one thousand feet (1,000') away from another parcel created under this exemption, may be split from one hundred (100) contiguous acres of agricultural land, including such parcels that may be bisected by a public or private roadway, without complying with the subdivision plat requirements.

The one hundred (100) acre parcel is not required to be a lot of record, according to the definition provided in chapter 11 of this title, in order to qualify for this exemption. However, if the one hundred (100) acre parcel is a lot of record, it shall retain its lot of record status after the creation of the new parcel.

Prior to the issuance of a building permit for such a parcel, the following shall be provided, in addition to any requirements of the Summit County building department:

1. A site plan showing the location of the proposed building(s) in relation to parcel boundaries prepared by a surveyor licensed in Utah, to ensure that the building(s) meets the setback requirements identified in this title.

2. Evidence of legal access to the property that complies with the requirements in this title.

3. A memorandum of decision from the state engineer's office that ensures adequate water is available for a private well or a written commitment from a municipality or private water service company.

4. Evidence that an adequate wastewater system has been approved by the Summit County health department. (Ord. 726, 9-30-2009)


C. Criteria For Approval: In order to approve an application for minor development, the CDD or designated planning staff member shall first find that the application:

1. Complies with the "base zoned density" or "incentive density" according to section 10-2-11 of this title, established for the property described in the application;

2. Is generally consistent with the spirit of the general plan;

3. Conforms to all pertinent provisions of this title;

4. Complies with all appropriate concurrency and infrastructure provisions of chapter 4 of this title; and

5. Is not detrimental to the health, safety and general welfare of residents of the Snyderville Basin. (Ord. 818, 2-26-2014)


D. Submission Requirements: An application for minor development shall not be accepted as complete unless such application contains the information set forth in sections 10-3-12 and 10-3-14 of this chapter and all applicable fees have been paid; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this title.

1. Sketch Plan: Prior to submitting an application for a minor development review, an applicant shall first submit a sketch plan and pay the fee for the review thereof. Refer to section 10-3-12 of this chapter for detailed submission requirements. The sketch plan shall contain enough information, in graphic and text form, to adequately describe the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement. A sketch plan is not a completed application for purposes of vesting under Utah law.

2. Final Plat/Site Plan Application: After completion of the sketch plan process, an applicant shall submit an application for a final plat/final site plan and pay the fee for the review thereof. Refer to section 10-3-14 or 10-3-15 of this chapter for detailed submission requirements.


E. Review Procedure:

1. Sketch Plan:

a. The CDD or designated planning staff member shall review the sketch plan application and make preliminary findings as to whether the application complies with the development approval criteria established in section 10-2-11 of this title, this title, and all applicable provisions of the general plan. The sketch plan shall not constitute an application for development approval.

2. Final Plat/Site Plan:

a. The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues and concerns related to the proposal.

b. After completion of the report identifying issues and concerns related to the project for the commission, the CDD or designated planning staff member shall schedule a public hearing before the commission as soon as practicable.

c. After hearing public comment, reviewing the project, comments from service providers, and the recommendation from the CDD or designated planning staff member, the commission shall approve, approve with conditions, or deny the application.

d. Once the commission approves the application, all applicable signatures shall be obtained on the final plat or final site plan. The detailed final plat or detailed final site plan and preliminary title report shall be reviewed by the county attorney for acceptability.

e. Upon approval of the county attorney, and once all required signatures are obtained, the detailed final plat or detailed final site plan shall be recorded in the records of the county recorder. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009; Ord. 726, 9-30-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30039#s929236
10-3-10: MAJOR DEVELOPMENT REVIEW:linklink


A. Purpose: The purpose of the major development review provision is to establish a procedure for considering any development application requesting residential densities in the RR, HS, and MR zone districts that exceed ten (10) lots, unless exempted by an unexpired vested development permit or an adopted consent or development agreement. The process described herein represents an integration of zoning, subdivision and site planning concepts and considerations. This review process requires the submission of significant information to describe the development and justify compliance with the provisions of the general plan and this title. Major development review shall also be used in proposals where a request is being made to increase density according to section 10-2-11, "Incentive Density", of this title for development exceeding ten (10) lots. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)


B. Criteria For Approval: In order to approve an application for major development, the CDD or designated planning staff member shall first find that the application:

1. Is generally consistent with the spirit of the general plan;

2. Conforms to all pertinent provisions of this title;

3. Has been designed so that all lots created are clustered to the maximum extent possible and in a manner that places development near existing county infrastructure and services;

4. Is compatible with the appropriate social, cultural, rural, mountain and natural resource characteristic of the Snyderville Basin;

5. Complies with appropriate concurrency management provisions of this title and the appropriate infrastructure and level of service standards of this title;

6. Will not generate unacceptable construction management impacts; and the appropriate mitigation measures are included in the development proposal;

7. Will meet or exceed development quality and aesthetic objectives of the general plan and this title;

8. Will protect life and property from natural and manmade hazards;

9. Will prevent harm to neighboring properties and lands, including nuisances;

10. Includes the written consent by each landowner whose property is included within the area described in the development; and

11. Will not adversely affect the health, safety and welfare of residents of the Snyderville Basin. (Ord. 818, 2-26-2014)


C. Submission Requirements: An application for major development shall not be accepted as complete unless such application contains the information set forth in sections 10-3-12, 10-3-13, and 10-3-14 of this chapter; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this title.

1. Sketch Plan: Prior to submitting an application for a major development review, an applicant shall first submit a sketch plan and pay the fee for the review thereof. Refer to section 10-3-12 of this chapter for detailed submission requirements. The sketch plan shall contain enough information, in graphic and text form, to adequately describe the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement. A sketch plan is not a completed application for purposes of vesting under Utah law.

2. Preliminary Plan: After completion of the sketch plan process, an applicant shall submit an application for a preliminary plan and pay the fee for the review thereof. Refer to section 10-3-13 of this chapter for detailed submission requirements.

3. Final Subdivision Plat: After completion of the preliminary plan process, an applicant shall submit a detailed final subdivision plat and pay the fee for the review thereof. Refer to section 10-3-14 of this chapter for detailed submission requirements. A final subdivision plat is required in all cases involving the subdivision of land, as provided for in the definition of "subdivision" contained in chapter 11 of this title.


D. Review Procedure:

1. Sketch Plan; Preapplication Conference: After submitting a sketch plan and before work sessions are held, an applicant shall meet with the CDD or designated planning staff member to discuss procedures and issues related to the project. Issues which may be discussed at the preapplication conference may include, but are not limited to:

a. Consistency with the goals, objectives and policies of the general plan, this title, and chapter 2 of this title.

b. The general nature of the proposed development, including, if applicable, proposed land uses and densities; parks and trails; scale; land use relationships that influence the character of the area; phasing; site and building issues that relate to the promotion of the objectives of the general plan, this title, and chapter 2 of this title; treatment of public areas affected by the project; preservation of natural features; concurrency management, and level of service standards.

c. The specific nature of information that, in addition to the application requirements stated herein, will be required to permit the commission and the county council to determine whether the intensity of the use proposed and the character of the project meets the objectives of the general plan and this title.

d. The procedures for the approval and compliance with the requirements of this title; and identify issues that the applicant should address in the application for approval.

2. Work Sessions Required For Major Development: In order to provide an opportunity for informal discussion among developers, public officials, service providers and the public on various issues relating to, among others, the use of land in the Snyderville Basin, the commission shall conduct work sessions related to the proposed sketch plan. The relationship of the development to the overall operation and economic stability of the community, the acceptability of community infrastructure in proximity to the project, design practice compatibility, environmental considerations, transportation matters, and other development criteria established in chapter 2 of this title shall be discussed. The discussion also shall be for the purpose of interpreting and clarifying matters related to the general plan and informing a developer of such matters and to discuss the anticipated application with those officials who must eventually approve those aspects of the application coming within their jurisdiction. The joint planning sessions are for the purpose of discussion, education and clarification of community policies, and are not intended to result in any formal action or decision making regarding a specific development project.

a. An application for major development consideration will not be accepted by the county until after such time as the applicant has entered into work sessions with the planning commission.

b. Before the conclusion of the work sessions, and at the sole discretion of the CDD or designated planning staff member, the CDD or designated planning staff member may schedule a public input session before the commission. In such instances, the CDD or designated planning staff member may attempt to notify nearby property owners affected by the proposed project. The public input session shall be for the purpose of allowing the public to provide input into the project before the applicant submits an application for major development approval to the county.

3. Preliminary Plan: The applicant shall submit a completed application and pay the required fee. The CDD or designated planning staff member shall review the application and make findings and recommendations. The commission shall review the application and the staff report and make a recommendation to the county manager for approval, approval with conditions, or denial after a public hearing. The county manager shall review the application, staff report, and commission findings and recommendations and thereafter approve, approve with conditions, or deny the proposal.

4. Final Subdivision Plat: The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues and concerns related to the proposal.

a. After completion of the report identifying issues and concerns related to the project for the county manager, the CDD or designated planning staff member shall schedule the application on a regular meeting agenda of the county manager as soon as practicable.

b. After reviewing the project, comments from service providers, and staff's recommendation and findings, the county manager shall approve, approve with conditions, or deny the final plat and development agreement.

c. Once the county manager approves the application, all applicable signatures are required to be obtained on the final plat. The detailed final plat and preliminary title report shall be reviewed by the county attorney for acceptability.

d. Upon approval of the county attorney, and once all required signatures are obtained, the detailed final plat shall be recorded in the records of the county recorder. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30039#s929237
10-3-11: SPECIALLY PLANNED AREA (SPA) REVIEW FOR RESIDENTIAL AND COMMERCIAL DENSITIES IN THE TC AND RC ZONE DISTRICTS:linklink


A. Purpose: The purpose of the SPA review provision is to establish a procedure for considering any development application requesting residential and/or commercial densities in the TC and RC zone districts that conform to section 10-2-12 of this title, unless exempted by an unexpired vested development permit or an adopted consent or development agreement. The process described herein represents an integration of zoning, subdivision and site planning concepts and considerations. This review process requires the submission of significant information to describe the development and justify compliance with the provisions of the general plan and this title.


B. Submission Requirements: An application for SPA review shall not be accepted as complete unless such application contains the information set forth herein; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this title.

1. Sketch Plan: Prior to submitting an application for SPA review, an applicant shall first submit a sketch plan and pay the fee for the review thereof. Refer to section 10-3-12 of this chapter for detailed submission requirements. The sketch plan shall contain enough information, in graphic and text form, in order to determine compliance with the general plan, land use maps, and other applicable provisions of section 10-2-12 of this title. The CDD or designated planning staff member shall establish standards for and determine the adequacy of the sketch plan in meeting its intended purpose. A sketch plan is not a completed application for purposes of vesting under Utah law.

2. SPA Designation/SPA Plan Applications: After completion of the sketch plan process, an applicant shall submit an application for a SPA designation/SPA plan and pay the fee for the review thereof. Refer to section 10-3-16 of this chapter for detailed submission requirements.

3. Development Agreement: The county may enter into a development agreement with a property owner or applicant for development approval. The county, at its sole discretion, may opt to use a development agreement when it determines that such an approach to development promotes and protects the public health, safety and general welfare. Development agreements shall be used to implement SPA plans, in accordance with this chapter. Refer to section 10-3-19 of this chapter for detailed submission requirements.


C. Review Procedure:

1. Sketch Plan; Preapplication Conference: After submitting a sketch plan and before work sessions are held, an applicant shall schedule an appointment with the CDD or designated planning staff member to discuss procedures and issues related to the project. Issues which may be discussed at the preapplication conference may include, but are not limited to:

a. Consistency with the goals, objectives and policies of the general plan, this title, and chapter 2 of this title.

b. The general nature of the proposed development, including, if applicable, proposed land uses and densities; parks and trails; scale; land use relationships that influence the character of the area; phasing; site and building issues that relate to the promotion of the objectives of the general plan, this title, and chapter 2 of this title; treatment of public areas affected by the project; preservation of natural features; concurrency management, and level of service standards.

c. The specific nature of information that, in addition to the application requirements stated herein, will be required to permit the commission and the county council to determine whether the intensity of the use proposed and the character of the project meet the objectives of the general plan and this title.

d. The procedures for the approval and compliance with the requirements of this title; and identify issues that the applicant should address in the application for approval.

2. Work Sessions Required For SPA Review: In order to provide an opportunity for informal discussion among developers, public officials, service providers and the public on various issues relating to, among others, the use of land in the Snyderville Basin, the commission shall conduct work sessions related to the proposed sketch plan. The relationship of the development to the overall operation and economic stability of the community, the acceptability of community infrastructure in proximity to the project, design practice compatibility, environmental considerations, transportation matters, and other development criteria established in section 10-2-12 of this title shall be discussed. The discussion also shall be for the purpose of interpreting and clarifying matters related to the general plan and informing a developer of such matters and to discuss the anticipated application with those officials who must eventually approve those aspects of the application coming within their jurisdiction. The work sessions are for the purpose of discussion, education and clarification of community policies, and are not intended to result in any formal action or decision making regarding a specific development project.

a. An application for SPA consideration will not be accepted by the county until after such time as the applicant has entered into work sessions with the commission.

b. Before the conclusion of the work sessions, and at the sole discretion of the CDD or designated planning staff member, the CDD or designated planning staff member may schedule a public input session before the commission. In such instances, the CDD or designated planning staff member may attempt to notify nearby property owners affected by the proposed project. The public input session shall be for the purpose of allowing the public to provide input into the project before the applicant submits an application for SPA approval to the county.

3. SPA Designation: Following the work sessions, the applicant shall submit simultaneously with a SPA plan application, an application for a SPA designation. Along with the application, the applicant shall pay the required review fee. The CDD or designated planning staff member shall not commence the review of an applicant's application for specially planned area designation until after the CDD or designated planning staff member has reviewed a sketch plan at a preapplication conference and until appropriate work sessions, and a public hearing, if required, have been held with the commission.

a. The CDD or designated planning staff member shall cause the review of the proposed preliminary plan application for consistency with the general plan, land use maps, this title and chapter 2 of this title. Where a SPA designation ordinance has previously been approved by the county council, the CDD or designated planning staff member shall also cause the review of the project for consistency with that rezone ordinance. The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues, concerns, and a recommendation related to the proposal.

b. After completion of the report identifying issues and concerns related to the project for the commission, the CDD or designated planning staff member shall schedule a work session on the SPA designation before the commission, at which time the commission shall review the rezoning request for consistency with the general plan, the land use plan map, this title and section 10-2-12 of this title.

c. Following the work session, the CDD or designated planning staff member shall schedule a public hearing on the SPA designation request before the commission. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing.

d. At the discretion of the commission, either in conjunction with or immediately following the public hearing and after receiving a recommendation from the CDD or designated planning staff member, the commission shall make a recommendation regarding the SPA designation request to the county council. The commission shall make a recommendation for approval, approval with conditions, or denial. If the commission recommends approval, the commission shall first have determined that:

(1) There are substantial tangible benefits to be derived by the general public of the Snyderville Basin that significantly outweigh those that would otherwise be derived if development occurred under the provisions of the existing zone district;

(2) There are unique circumstances, above the normal limitations and allowances of the existing zone, that justify the use of a SPA;

(3) The development proposed in the SPA furthers the goals and objectives and policies of the Snyderville Basin general plan, land use maps, and the applicable sections of this title, and the program for resort and mountain development established in chapter 1 of this title;

(4) A SPA designation must be implemented through a development agreement (SPA plan) as described in this title; and

(5) Approving a SPA designation will not adversely affect the public health, safety and general welfare.

e. After the recommendation of the commission has been rendered, the CDD or designated planning staff member shall schedule a public hearing and place the SPA designation application and recommendation of the commission and CDD or designated planning staff member on a regular agenda of the county council for review and acceptance of public comment. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing. At the discretion of the county council, either in conjunction with or at a meeting following the public hearing, the county council shall render its decision to approve, approve with conditions, or deny the SPA designation application. In approving the SPA designation, the county council shall first find that the request is consistent with the criteria for approving a SPA designation described in subsection C3d of this section. The county council approval shall be in the form of an ordinance.

f. Approval of a SPA designation by the county council shall be effective for a period of twenty four (24) months from the date of county council approval. If a complete SPA plan application has not been approved within twenty four (24) months, the SPA designation approval shall be null and void. The SPA designation for purposes of state vesting law is a conditional designation only and does not vest the applicant with respect to use, density, configuration or other requirements of this title.

4. Major Specially Planned Area Plan Application (Development Agreement): Following the joint planning sessions, the applicant shall submit simultaneously with a SPA designation application, an application for a SPA plan (development agreement) and pay the fee for the review thereof. The director shall not commence the review of an applicant's application for a SPA plan until after the director has reviewed a sketch plan at a preapplication conference and appropriate work sessions have been held with the commission.

a. The CDD or designated planning staff member shall cause the review of the proposed SPA plan application for consistency with the general plan, land use maps, this title and section 10-2-12 of this title. Where a SPA designation ordinance has previously been approved by the county council, the CDD or designated planning staff member shall also cause the review of the project for consistency with that ordinance. The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues, concerns, and a recommendation related to the proposal.

b. After completion of the report identifying issues and concerns related to the project for the commission, the CDD or designated planning staff member shall schedule a work session on the SPA plan application before the commission, at which time the commission shall review the project for consistency with the general plan, land use maps, this title, and section 10-2-12 of this title. Where a SPA designation ordinance has previously been approved by the county council, the commission shall also review the project for consistency with that ordinance.

c. Following the work session, the CDD or designated planning staff member shall schedule a public hearing on the SPA plan application before the commission. The CDD or designated planning staff member shall cause reasonable notice to be given regarding the public hearing.

d. At the discretion of the commission, either in conjunction with or immediately following the public hearing and after receiving a recommendation from the CDD or designated planning staff member, the commission shall make a recommendation regarding the SPA plan to the county council. The commission shall make a recommendation for approval, approval with conditions, or denial. In a recommendation for approval, the commission shall also make findings as to the justification for density incentives granted by the county through section 10-2-12 of this title. If the commission recommends approval, the commission shall first have determined that:

(1) The proposed project conforms to all goals, objectives and policies of the general plan and land use plan maps;

(2) The proposed project conforms to all relevant provisions of this title;

(3) The development proposed in the SPA plan is compatible with the appropriate social, cultural, rural, mountain and natural resource characteristics of the Snyderville Basin;

(4) The development proposed is in sufficient compliance with criteria established in section 10-2-12 of this title, to merit an increase in density and differentiation of uses as proposed;

(5) All development allowed by the SPA plan complies with appropriate concurrency management provisions of this title and the appropriate infrastructure and level of service standards of this title or appropriate criteria and standards described in the SPA plan;

(6) When appropriate, based on the size of the project, the landowner or applicant agrees to, at a minimum, contribute or provide, when appropriate, all capital improvements and facilities necessary to mitigate the impacts of the project on the county and its special districts;

(7) The landowner or applicant for a development within a town or resort center shall establish significant economic enhancement and tax base for the Snyderville Basin;

(8) The project will not generate unacceptable construction management impacts; and the appropriate mitigation measures are included in the SPA plan;

(9) All development approved in the SPA plan will meet or exceed development quality and aesthetic objectives of the general plan, this title, and section 10-2-12 of this title;

(10) The development will be consistent with the goal of orderly growth and minimize construction impacts on the public infrastructure within the Snyderville Basin;

(11) Development will protect life and property from natural and manmade hazards;

(12) Development will prevent harm to neighboring properties and lands, including nuisances;

(13) The SPA plan includes the written consent by each landowner whose properties are included within the area described;

(14) The SPA plan results in benefits to the general public that would not otherwise occur under the literal application of this title; or the provisions of the existing zone district;

(15) The SPA is consistent with the SPA designation ordinance;

(16) Approval of the SPA plan will not adversely affect the health, safety and welfare of residents of the Snyderville Basin; and

(17) The project has been designed to avoid ridgeline encroachment from designated roadways, is consistent with section 10-4-3 of this title, and does not propose any development in the ridgeline setback area.

e. After the recommendation of the commission has been rendered, the CDD or designated planning staff member shall schedule a public hearing and place the application and recommendation of the commission and CDD or designated planning staff member on a regular agenda of the county council for review and acceptance of public comment. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing. At the discretion of the county council, either in conjunction with or at a meeting following the public hearing, the county council shall render its decision to approve, approve with conditions, or deny the application for SPA plan. In approving the SPA plan, the county council shall first find that:

(1) The commission's findings, required in this section, are appropriate and reasonable;

(2) The commission's justification related to density incentives according to section 10-2-12 of this title is fair, reasonable and consistent with the goals, objectives and policies of the plan; and

(3) Approval of the SPA plan will not adversely affect the health, safety and welfare of residents of the Snyderville Basin. The county council approval shall be in the form of an ordinance.

f. Once the county council approves the major SPA plan, the CDD or designated planning staff member shall cause all applicable signatures to be obtained on the SPA plan. The final SPA plan and preliminary title report shall be reviewed by the county attorney for acceptability.

g. Upon approval of the county attorney, and once all required signatures are obtained, the CDD or designated planning staff member shall cause the SPA plan to be recorded in the records of the county recorder.

h. In the event that the CDD or designated planning staff member or county council determines that the applicant substantially altered the SPA plan after the review and recommendation of the commission but prior to consideration by the county council, the county council may remand the application to the commission for further proceedings. A motion by the county council to remand the application to the commission shall establish a time within which said commission proceedings must be conducted and completed.

5. Effect Of An Approved Major SPA Plan:

a. The approved and recorded major SPA plan shall constitute a development permit. It shall contain those terms and conditions related to zoning, subdivision and site planning agreed to by the county. The SPA plan shall describe all of the limitations, restrictions, conditions and parameters associated with the development of the subject property. The SPA plan shall describe all processes and procedures for obtaining a building permit for all elements of the development.

b. Upon approval of a major SPA plan by the county council, it shall constitute a vested right in the specific terms and proposals contained therein for a period of five (5) years from the date of the approval, or longer when specifically allowed in the agreement or when subsequently agreed to by the county council, subject to any conditions agreed to and incorporated in the agreement.

6. Major SPA Plan Modification:

a. Upon receiving an application for a modification to an approved SPA plan, the CDD or designated planning staff member shall schedule the matter at a regular meeting of the commission as soon thereafter as may be practicable. The CDD or designated planning staff member shall schedule a public hearing and give reasonable notice thereof on the matter before the commission. The commission shall hear public input and review the CDD or designated planning staff member's recommendation related to the proposed modification. The commission shall review the proposed modification and make a recommendation for approval, approval with conditions, or denial to the county council. In making a recommendation for approval, the commission must find that:

(1) Circumstances relevant to the request have changed since, or were unknown at the time of, the original SPA plan approval;

(2) The modification will not otherwise alter any of the findings required in this section;

(3) The modification is generally consistent with the efficient development and preservation of the entire SPA plan;

(4) The modification does not affect in a substantially adverse manner either the enjoyment of land abutting upon or in the general vicinity of the property in question; and

(5) The public health, safety and general welfare are not adversely impaired by the modification.

b. Upon receiving a recommendation from the commission, the county council shall hold a public hearing on the proposed modification. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing. After receiving public input and reviewing the recommendation of the commission and CDD or designated planning staff member, the county council shall approve, approve with conditions, or deny the modification. Approval shall be in the form of an ordinance amending the original SPA plan ordinance. In making a determination for approval, the county council must find that:

(1) Circumstances relevant to the request have changed since, or were unknown at the time of, the original SPA plan approved;

(2) The modification will not otherwise alter any of the findings in this section;

(3) The modification is generally consistent with the efficient development and preservation of the entire SPA plan;

(4) The modification does not affect in a substantially adverse manner either the enjoyment of land abutting upon or in the general vicinity of the property in question; and

(5) The public health, safety and general welfare are not adversely impaired by the modification. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30039#s929238
10-3-12: SKETCH PLAN SUBMISSION REQUIREMENTS:linklink


A. Information Required: A detailed sketch plan shall contain the following:

1. The creation dates of the parcel(s) to be developed in accordance with the definition of a "lot of record", as defined in chapter 11 of this title.

2. The name of the development. This name shall not duplicate the name of any plat previously recorded.

3. Name and address, including telephone number of legal owner and/or authorized representative, and citation of last instrument conveying title to each parcel of property involved in the proposed development, giving grantor, grantee, date, and lands records reference.

4. Legal description and location of property, including citation of any existing legal rights of way, irrigation ditches, or easements affecting the property; and existing covenants on the property, if any.

5. The approximate location, dimensions, and areas of all proposed or existing lots, existing structures, existing easements, watercourses, and names of all existing streets or other public roads adjacent to the proposed development.

6. A delineation of environmentally sensitive areas including, but not limited to, wetlands, slopes exceeding thirty percent (30%), floodplains, and ridgelines.

7. Identification of the means for providing water supply, power, sanitary sewage, collection and discharge of surface water drainage, and fire protection.

8. All areas within and adjacent to the project, including areas separated by a street, highway, road, right of way, or stream or watercourse, under common ownership. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

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10-3-13: PRELIMINARY PLAN SUBMISSION REQUIREMENTS:linklink


A. Information Required: A detailed preliminary plan shall contain the following information:

1. A graphic layout, drawn to scale not smaller than one inch equals one hundred feet (1" = 100').

2. A title block stating the name of the proposed development; the type of development; the name, address, and phone number of the legal owner of property, and the professional person(s) responsible for the design and survey; and a graphic and written scale and date of preparation.

3. Location of true north and a vicinity map with section lines, township and range, including sufficient detail to show the location of the proposed development.

4. Surveyed boundaries of the development and total acreage, with the names of adjacent property owners shown.

5. Topographic contour intervals no greater than five feet (5') for the specific portion of the property to be developed or altered in any fashion, unless otherwise stipulated by the director.

6. A slope analysis showing grades ranging from zero to ten percent (10%), ten (10) to fifteen percent (15%), and fifteen (15) to thirty percent (30%).

7. The location of wetlands, streams, and flood drainage channels, with all 100-year floodplains delineated.

8. The location of existing structures, public utility easements, power lines, drain pipes, culverts, ridgelines, water and sewer lines, wells and springs on or near the property.

9. When it is contemplated that services will be provided by special district or companies, letter of intent to provide service from such entities shall accompany the application.

10. Existing vegetation.

11. The location of and impact on any critical wildlife habitat, including birthing areas, critical winter range, and migration corridors.

12. The proposed development layout, including lots, parcels, buildings, setback lines, roads, utilities, fire hydrants and water storage systems where applicable, open space, and architectural and landscape concepts.

13. The proposed grading and drainage plan and landscape and maintenance plan.

14. The location and design of public and private roads. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30039#s929240
10-3-14: FINAL SUBDIVISION PLAT SUBMISSION REQUIREMENTS:linklink


A. Information Required: A detailed final subdivision plat is required in all cases involving the subdivision of land, as provided for in the definition of "subdivision" contained in chapter 11 of this title. A subdivision plat shall conform to the following:

1. The plat shall be prepared by a licensed land surveyor at a convenient scale not more than one inch equals one hundred feet (1" = 100'), may be prepared in pen or pencil, and the sheets shall be numbered in sequence if more than one sheet is used, and shall be of such size as is acceptable for filing in the office of the county recorder, but shall be twenty four inches by thirty six inches (24" x 36"), or larger. The map prepared for the plat may also be used for the final subdivision plat and, therefore, should be drawn on tracing cloth or reproducible Mylar.

2. The plat shall show the following:

a. The location of property with respect to surrounding property and roads, the names of all adjoining property owners of record, or the names of adjoining developments, and the names of adjoining roads.

b. The location and dimensions of all boundary lines of the property, to be expressed in feet and decimals of a foot.

c. The location of existing roads, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, parks, cemeteries, drainage ditches and bridges, as determined by the county manager.

d. The location and width of all existing and proposed roads and easements, alleys, and other public ways, and easement and proposed road rights of way and building setback lines.

e. The locations, dimensions, and areas of all proposed or existing lots, including building area.

f. The location and dimensions of all property proposed to be set aside for trail, park or playground use, or other public or private reservation, with designation of the purpose of those set aside, and conditions, if any, of the dedication or reservation.

g. The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor.

h. The date of the map, approximate true north point, scale, and title of the subdivision.

i. Sufficient data acceptable to the county engineer to determine readily the location, bearing, and length of all lines, and to reproduce such lines upon the ground; and the location of all proposed monuments.

j. Names of the subdivision and all new roads as approved by the county manager.

k. Indication of the use of any lot (single-family, two-family, multi-family, townhouse) and all uses other than residential proposed by the subdivider.

l. Lots shall be consecutively numbered or lettered in alphabetical order. The lots in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.

m. All pertinent information shown on sketch plan or specially planned area plan shall also be shown on the detailed final plat, and the following notation shall also be shown:

(1) Explanation of drainage easements, if any.

(2) Delineation of natural features, including, but not limited to, wetlands, floodplains and floodways, slopes exceeding fifteen percent (15%), vegetation areas, and threatened or endangered species habitat.

(3) Explanation of site easements, if any.

(4) Explanation of reservations, if any.

(5) Endorsement of owner and date of the endorsement.

(6) Form for endorsements by county manager as follows:

Approved by resolution/ordinance of the county manager on (day), (month), (year).

n. The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a plat.


B. Final Subdivision Plat: The final subdivision plat shall be presented in India ink on tracing cloth or reproducible Mylar. The following information, in addition to the requirements of subsection A of this section, shall be provided:

1. Self-Imposed Restrictions; Proposed Building Lines: Notation of any self-imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the county manager in accordance with this title.

2. Monuments: All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend, except that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length, and weight per linear foot of the monuments.

3. Preparation By Licensed Surveyor: The final subdivision plat shall be prepared by a land surveyor licensed by the state.

4. Information Required: In addition to the requirements of subsection A2 of this section, final subdivision plats shall conform to current surveying practice and shall show the following information:

a. A title block giving the subdivision's name and the quarter-quarter section, section, township, range, principal meridian, and county of its location.

b. The exterior boundaries of the platted area giving lengths and bearings of the boundary lines. If the subdivision is bounded by a watercourse, a closing meander traverse of that boundary shall be made and shown on the plat. Where curving boundaries are used, sufficient data to establish the boundary on the ground shall be given; including the curve's radius, central angle and arc length.

c. A notation of any adjoining plats or certificates of survey, and titles thereto.

d. The basis of bearings used and a north point.

e. A scale, not smaller than one inch equals one hundred feet (1" = 100').

f. All existing monuments found during the course of the survey (including a physical description such as "brass cap").

g. All existing easements or rights of way, including those contiguous to the platted area, their nature, width, and the book and page number of their recording in the county records.

h. All lots, blocks, rights of way, and easements and trails (including open space) created by the subdivision with their boundary, bearings, lengths, widths, name, number or purpose. For curved boundaries, the curve radius, central angle and length of arc shall be given.

i. All monuments set during the course of the survey (including a physical description such as "rebar driven to depth of... "), including appropriate witness monuments.

j. The area of all lots or parcels created by the subdivision and in a separate table or in the owner's certificate a summary of total acreage, total acreage in lots, and total acreage in roads or other dedicated parcels.

k. A vicinity map locating the subdivision within the section identifying adjoining or nearby plats or certificates of survey and showing prominent landmarks.

l. The owner's certificate of consent, including a legal description of the subdivision's boundaries and the dedication of public ways or spaces. This certificate shall be signed, dated and notarized.

m. The owner's certificate should include a reference to any covenants that may be declared and blanks where the county recorder may enter the book and page number of their recording.

n. A certificate of consent from any and all mortgagors, lienholders, or others with a real property interest in the subdivision. These certificates shall be signed, dated and notarized.

o. A certificate showing the name and registration number of the surveyor responsible for making the survey. This certificate shall be signed and dated.

p. Endorsement on the plat by every person having a security interest in the subdivision property that they are subordinating their liens to covenants, servitudes and easements imposed on the property. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

q. Signature blocks prepared for the dated signatures of the chairpersons of the commission and the county manager, and of the county recorder, county engineer, county attorney, Rocky Mountain Power, Questar Gas (when applicable), Snyderville Basin special recreation district, Park City fire district, Snyderville Basin water reclamation district, and the applicable water service provider. A signature block shall also be provided for the county assessor indicating that all taxes, interest and penalties owing to the land have been paid. The signature of service providers on a final subdivision plat signifies such service provider's obligation to provide such services to the subdivision lots consistent with its rules, regulations, policies and procedures. (Ord. 861, 10-26-2016)

5. Plat Materials; Size; Copies: Plats may be prepared on linen or on a stable base polyester film (mylar). Plats may be either eighteen inches by twenty four inches (18" x 24"), or twenty four inches by thirty six inches (24" x 36"). Three (3) paper copies shall be submitted along with the linen or film copy.

6. Multiple Sheets: Multiple sheet plats may be used. All sheets shall be numbered and referenced to an index map, and all required certificates shall appear on a single sheet (along with the index and vicinity maps).

7. Plat Accuracy: Bearings shall be shown to the nearest second; lengths to the nearest hundredth foot; areas to the nearest hundredth acre.

8. As Built Plats: A plat showing all required improvements shall be submitted upon their completion. The as built plat shall show typical road sections, typical culvert installations, and similar information to facilitate long term maintenance of the improvements.


C. Review Procedure:

1. The CDD or designated planning staff member shall review the application and prepare a staff report to the commission and make findings and recommendations. The commission shall review the application and staff report and make a recommendation to the county manager for approval, approval with conditions, or denial after a public hearing.

2. The county manager shall review the application, staff report, and commission findings and recommendations and thereafter approve, approve with conditions, or deny the proposal.

3. Once the county manager approves the application, all applicable signatures shall be obtained on the final plat. The detailed final plat and preliminary title report shall be reviewed by the county attorney for acceptability.

4. Upon approval of the county attorney, and once all required signatures are obtained, the detailed final plat shall be recorded in the records of the county recorder. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30039#s929241
10-3-15: FINAL SITE PLAN SUBMISSION REQUIREMENTS:linklink


A. Information Required: A detailed final site plan may be required in cases involving commercial or industrial uses, multi-family dwellings, and other developments as determined by the director where a final subdivision plat or conditional use permit is not required. Site plans, in addition to the requirements of subsection B of this section, shall contain the following information: (Ord. 730, 12-2-2009)

1. A vicinity map at a scale of not less than one inch equals one thousand feet (1" = 1,000').

2. A legal description and accompanying map exhibit of the exterior boundaries of the development area giving lengths and bearings of the boundary lines at the scale of one inch equals one hundred feet (1" = 100'), showing the location and type of boundary evidenced. Such information should be provided from the recorded plats. The legal description shall include the following data:

a. Metes and bounds of all property lines;

(1) Total area of property;

(2) North scale and north arrow; and

b. Name and route numbers of boundary roads and the width of existing rights of way.

3. Existing topography with maximum contour intervals of two feet (2'), except where existing ground is on a slope of less than two percent (2%), then either one foot (1') contour intervals or spot elevation shall be provided where necessary.

4. A final detailed land use plan at a scale of one inch equals one hundred feet (1" = 100') showing:

a. The location and arrangement of all proposed uses, including building area.

b. The height and number of floors of all buildings, other than single-family dwellings, both above and below or partially below the finished grade.

c. A cross section elevation plan depicting all buildings, structures, monuments, and other significant natural and manmade features of the proposed development.

d. The yard dimensions from the development boundaries and adjacent roads and alleys.

e. The traffic and the pedestrian circulation system, including the location and width of all roads, driveways, entrances to parking areas and parking structures, trails, walkways and bicycle paths.

f. Off road parking and loading areas and structures, and landscaping for parking areas.

g. Greenbelt and other active recreation space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas, and delineating those areas proposed for specific types of recreational facilities.

h. Architectural features of typical proposed structures, including lighting fixtures, signs and landscaping.

i. A plan or statement showing the location and design of all screening measures and indicating the type and height of such screening.

j. When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units, and approximate completion date for the construction of each stage or unit.

k. A copy of all covenants, restrictions and conditions pertaining to the use, maintenance and operation of private open space areas.

l. All existing monuments found during the course of the survey (including a physical description such as "brass cap").

m. All existing easements or rights of way, including those contiguous to the platted area, their nature, width, and the book and page number of their recording in the county records.

n. All rights of way and easements and trails (including open space) created by the subdivision with their boundary, bearings, lengths, widths, name, number or purpose. For curved boundaries, the curve radius, central angle and length of arc shall be given.

o. A final statement in tabular form which sets forth the following data, when such data is applicable to a given development plan:

(1) The area of all parcels created, total acreage, total acreage in lots, and total acreage in roads or other dedicated parcels;

(2) Total number of dwelling units, by development phase;

(3) Residential density and units per acre;

(4) Total floor area and floor area ratio for each type of use;

(5) Total area in open space and length of trails;

(6) Total area in developed recreational open space; and

(7) Total number of off road parking and loading spaces.


B. Site Plan Contents: In addition to the requirements of subsection A of this section, the final site plan shall conform to current surveying practice and shall show the following information:

1. A title block giving the subdivision's name and the quarter-quarter section, section, township, range, principal meridian, and county of its location.

2. A notation of any adjoining plats or certificates of survey and titles thereto.

3. All monuments set during the course of the survey (including a physical description such as "rebar driven to depth of..."), including appropriate witness monuments.

4. The owner's certificate of consent, including a legal description of the subdivision's boundaries and the dedication of public ways or spaces. This certificate shall be signed, dated and notarized.

5. The owner's certificate should include a reference to any covenants that may be declared and blanks where the county recorder may enter the book and page number of their recording.

6. A certificate of consent from any and all mortgagors, lienholders, or others with a real property interest in the subdivision. These certificates shall be signed, dated and notarized.

7. A certificate showing the name and registration number of the surveyor responsible for making the survey. This certificate shall be signed and dated. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

8. Signature blocks prepared for the dated signatures of the chairpersons of the commission and of the county manager, and of the county recorder, county engineer, county attorney, Rocky Mountain Power, Questar Gas (when applicable), Snyderville Basin special recreation district, Park City fire district, and Snyderville Basin water reclamation district. A signature block shall also be provided for the county assessor indicating that all taxes, interest and penalties owing to the land have been paid. The signature of a service provider on a final site plan signifies such service provider's obligation to provide such services to the property consistent with its rules, regulations, policies and procedures. (Ord. 861, 10-26-2016)


C. Site Plan Materials, Size, Copies: Plans may be prepared on linen or on a stable base polyester film (mylar). Plans may be either eighteen inches by twenty four inches (18" x 24"), or twenty four inches by thirty six inches (24" x 36"). Three (3) paper copies shall be submitted along with the linen or film copy.


D. Multiple Sheets: Multiple sheet plans may be used. All sheets shall be numbered and referenced to an index, and all required certificates shall appear on a single sheet (along with the index and vicinity maps).


E. Review Procedure:

1. The CDD or designated planning staff member shall review the application and prepare a staff report to the commission and make findings and recommendations. The commission shall review the application and staff report and make a recommendation to the county manager for approval, approval with conditions, or denial after a public hearing.

2. The county manager shall review the application, staff report, and commission findings and recommendations and thereafter approve, approve with conditions, or deny the proposal.

3. Once the county manager approves the application, all applicable signatures shall be obtained on the final site plan. The detailed final site plan and preliminary title report shall be reviewed by the county attorney for acceptability.

4. Upon approval of the county attorney, and once all required signatures are obtained, the detailed final site plan shall be recorded in the records of the county recorder. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

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10-3-16: SPA PLAN SUBMISSION REQUIREMENTS:linklink


A. Information Required: The following information shall be submitted with an application for SPA plan review. All maps shall be prepared at a scale of one inch equals one hundred feet (1" = 100') or larger (which must be acceptable to the CDD or designated planning staff member to permit adequate review) and on sheets of twenty four inches by thirty six inches (24" x 36"), unless otherwise approved by the CDD or designated planning staff member. When project phasing is proposed, the applicant may submit a conceptual level of information so long as it is consistent with the intent of the information requirements hereunder; provided, however, the SPA plan establishes a procedure that ensures adequate review of the detailed information required herein in conjunction with the various phases.

1. The name of the development and location map showing the location and size of the site and existing land uses within three hundred feet (300') of the site. A vicinity map at a scale of not less than one inch equals one thousand feet (1" = 1,000') shall be provided.

2. Names, addresses and telephone numbers of the owners of all land included in the application, the developer, the designer and/or architect, and the licensed surveyor of the proposed project.

3. Location and boundaries of any parcels as part of a larger tract. A surveyed boundary of the development, giving the location of and dimension to the nearest benchmark or monument, and total acreage encompassed thereby shall be provided.

4. A legal description and accompanying map exhibit of the property at a scale of one inch equals one hundred feet (1" = 100'), unless otherwise approved by the director, showing the type of boundary evidenced. Such information should be from recorded legal plats. The legal description shall include the following:

a. Metes and bounds of all property lines;

b. Total area of the property;

c. North arrow and map scale; and

d. Name and route numbers of boundary roads and the width of existing rights of way. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

5. A map showing the existing zoning, including all critical lands, and the amount thereof, clearly delineated. (Ord. 818, 2-26-2014)

6. An existing site characteristics map or maps showing, but not limited to, existing wetlands, stream, drainage, and other watercourses, floodplains, topography, all critical and sensitive lands within the project area, access to property, wildfire hazard areas in accordance with section 10-4-7 of this title, and all critical areas that constitute natural hazards as defined in this title, or as determined by subsequent investigation. The map shall indicate the location, size and type of existing vegetation, historical features, and other natural or manmade landscape features, together with the proposed limits of any excavation or regrading to be done in carrying out the project. The map shall indicate all trees that are proposed to be removed. The map also shall clearly delineate viewsheds, as designated on the land use plan maps, or as otherwise agreed to by the director, and any other key features and landmarks within the parcel. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

7. A proposed plan with appropriate detail on one or more sheets to show the proposed dimensions and locations of all buildings and/or lot layout, building envelopes, public and private roadways, bridges, existing and proposed utility lines and fire hydrants, service areas, emergency vehicle access, parking areas with related phasing plan where appropriate, pedestrian pathways, trails and open space areas, all proposed land contour lines at two foot (2') or less contour intervals, common open areas, public open spaces, drainage facilities and detention areas, snow storage/removal areas, waste and recycling storage areas, fencing/screens to be used, areas of disturbance and grading, and other details necessary to a complete review of the project layout and design. Adjacent structures, roads and landmarks within three hundred feet (300') of each property line shall be located on the plans so as to show the relationships of the proposed development to its surroundings. The location, size and design of community benefits to comply with the development potential matrix shall be shown. Infrastructure connections and site layout compatibility between the proposed project and all surrounding properties shall be demonstrated, to the extent possible, for the purpose of determining compliance with the development potential matrix. (Ord. 731, 12-2-2009)

8. A chart of proposed land uses by acreage, including percentage of land coverage by type of use.

9. A summary statement describing those community benefits or impacts that the applicant proposes in exchange for density incentives from the county. Where applicable, these improvements should be shown on the final site plan or final plat. The following reports prepared by qualified experts, among others, may be required to support an applicant's request for density incentives. The CDD or designated planning staff member and the applicant may determine that other information is necessary to help the commission understand the applicant's request for density incentives according to section 10-3-11 of this chapter. Such information may include, but not necessarily be limited to:

a. An analysis indicating the net fiscal and economic benefits to the community as a result of the project. The report should be based on assumptions mutually agreed upon by the applicant and the county. The report should relate the level of density incentive to the projected level of community benefit.

b. A report explaining specific measures for undertaking and completing environmental enhancements and describing the net public benefits of such enhancements, together with letters from appropriate agencies describing the environmental values and benefits that are anticipated as a result of the improvements.

c. Specific restrictions and other measures for ensuring the ongoing affordability of the housing stock provided in the project, together with information showing that the sale prices, rents, unit types and sizes meet the affordable housing needs of those employed within the county.

10. Architectural plans in conformance with section 10-4-19 of this title. The plans shall include elevations at a vertical scale of not less than one-eighth inch equals one foot (1/8" = 1'), unless otherwise agreed to by the CDD or designated planning staff member, of all proposed facades of all proposed structures, other than single-family detached dwellings. Building elevations, one of which shall be colored to accurately represent the proposed material and color scheme, shall be of sufficient detail to indicate building openings, height above grade, number of floors, specific materials proposed for the roof and exterior of the buildings, decks and other architectural features of the buildings, including chimney, mechanical equipment and features affecting the rooflines of all proposed buildings. A sample of all materials and color schemes for all wall and roof elements also shall be provided. In the case of single-family detached dwellings, architectural guidelines shall be submitted.

11. A block model not less than one inch equals fifty feet (1" = 50') or larger and/or computer generated imagery with sufficient detail to illustrate the cubic volume and design philosophies of the aboveground portions of all major residential, commercial and industrial buildings, excluding single-family detached dwellings, in the project. The model or imagery shall be of sufficient detail to show the relationship, in terms of cubic volume and view planes, between proposed structures in the development, between structures and site topography, between the project and all other adjacent major residential, commercial and industrial buildings, and between the project and public roadways and other public areas. The model or imagery also shall show the relationship of proposed buildings to the proposed landscaping plan, which shall be shown at the time of planting.

12. A detailed lighting plan showing the location of all exterior lighting, fixture designs, and light patterns cast by the proposed fixtures. The lighting plan shall demonstrate compliance with the regulations in section 10-4-21 of this title.

13. Signing plan for the project that complies with the provisions of section 10-8-2 of this title.

14. A detailed landscape, irrigation and maintenance plan that complies with section 10-4-20 of this title, including the extent and location of all plant materials and other landscape and landform features. The approximate scale of all trees illustrated shall be that which will exist ten (10) years from planting, given the mountain environment. The plan shall describe the location, species, size and amount of all vegetative materials, seed mixes and areas to be covered, and other landscape features to be incorporated in the project. The plan shall describe the specific planting schedule, planting techniques and maintenance procedures as required in this title. The plan also shall show irrigation system design, including location and size of pipe, distribution of sprinkler heads, and measures to ensure appropriate water requirements for various plant materials. All berms shall be indicated at one foot (1') contour intervals.

15. A description of easements and covenants, whether in existence or proposed, that affect the proposed project area.

16. A description of all utility lines, irrigation ditches, bridges and similar physical features.

17. Grading and conservation plan which shall include the following:

a. Proposed cuts and fills required by the location of all structures and roads. Phased site grading and stabilization or revegetation shall be included in the plan. Proposed erosion control and conservation techniques shall be shown.

b. The length of time that will pass from the date ground cover on the site is first disturbed until new ground cover is established.

c. The possible area of land exposed at any one time during construction.

d. The temporary vegetation or mulching used to protect areas exposed during construction.

e. The location, dimensions and maintenance of sediment basins, as necessary.

18. Source of domestic water, and a letter from the proposed service provider, acknowledging its intention to serve the project.

19. A letter from the Snyderville Basin water reclamation district, indicating compliance with the requirements of section 10-4-6 of this title. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

20. A report describing the amount of population that will be generated as a result of the development. (Ord. 730, 12-2-2009)

21. A letter from the Park City fire service district indicating compliance with the requirements of section 10-4-7 of this title is required.

22. A letter from Snyderville Basin special recreation district indicating compliance with requirements of chapter 4 of this title.

23. A report describing the traffic impacts which will be created by the project, including, among other things, anticipated peak period trip generation rates, impacts on turning movements and road segment level of service, proposals to mitigate the impacts, justification for the proposed number of parking spaces and/or parking phasing plan when required.

24. A detailed construction management plan shall be provided. The plan shall describe in detail all measures to be taken by the applicant to mitigate the impacts associated with all aspects of the proposed development. These impacts may include, but are not necessarily limited to, areas of disturbance, dust, debris on and damage to public roads, construction traffic and parking on public roads, hours of construction, and the impact of noise on adjacent properties. The plan also shall include a plan for recycling construction waste material.

25. Other detailed information or studies required to allow the commission and county council the ability to determine whether the project is consistent with the development potential matrix.

26. A detailed subdivision plat and/or detailed site plan that complies with the requirements of sections 10-3-14 and/or 10-3-15 of this chapter, and/or a procedure for future approvals of individual plats and site plans for the various phases of the project. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

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10-3-17: LOT LINE ADJUSTMENTS:linklink


A. Purpose: The purpose of a lot line adjustment is to provide a procedure to adjust lot lines between adjacent properties that are not located within a recorded subdivision plat.


B. Criteria For Approval: Petitions to adjust lot lines between adjacent properties may be executed upon the recordation of an appropriate deed if:

1. No new dwelling lot or housing unit results from the lot line adjustment;

2. The adjoining property owners consent to the lot line adjustment;

3. The lot line adjustment does not result in remnant land that did not previously exist; and

4. The adjustment does not result in violation of applicable zoning requirements.


C. Submission Requirements: An application for a lot line adjustment shall not be accepted as complete unless such application contains the information set forth below and all applicable fees have been paid; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this title.

1. Current warranty deeds for each parcel involved in the lot line adjustment.

2. Adjusted legal descriptions for each parcel involved in the lot line adjustment.

3. Draft warranty deeds of property with new description of adjusted boundaries.

4. A survey or graphical representation which includes:

a. Title that states "Lot Line Adjustment between parcels ____ and ____".

b. Date of plat, approximate true north point, scale, name of land surveyor and surveyor's certificate.

c. Location and dimensions of all property lines, existing easements, existing streets, and other public rights of way and identification of any structures and their setbacks from the adjusted property boundaries.

d. Narrative (explanation of lot line adjustment).


D. Review Procedure:

1. The CDD or designated planning staff member shall review the application and determine if the application complies with the criteria for approving a lot line adjustment as identified in this title.

2. The request will be sent to the Summit County engineering office and the Summit County recorder's office for their review and comment.

3. Final deeds reflecting the changes are required to be submitted upon request from the CDD or designated planning staff member.

4. The CDD or designated planning staff member shall prepare a "lot line adjustment" memorandum that shall be executed by the owner(s) and recorded in the records of the Summit County recorder with the final deeds and survey. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

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10-3-18: AMENDMENT TO RECORDED SUBDIVISION PLAT:linklink


A. Applicability: The land use authority, county manager, or county council may, with or without petition, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of such subdivision plat, or any road or lot contained in such plat.


B. Plat Amendments Other Than Those In Subsections C, D And E Of This Section: Plat amendments that result in the combination of lots, adjusting building pads, changing subdivision titles, altering plat notes in any way, and all others that do not affect a public or private road and are not addressed in subsections C, D and E of this section shall be considered in the following manner:

1. Land Use Authority: The planning commission shall be the land use authority for all of the above mentioned plat amendments.

2. Public Hearing: The planning commission shall hold a public hearing prior to its decision and shall approve, approve with conditions, or deny the plat amendment.

3. Notice: Notice of the planning commission public hearing shall be given in compliance with subsection F of this section.


C. Plat Amendment Altering A Private Road Located On A Subdivision Plat:

1. The planning commission shall hold a public hearing prior to its decision, and shall make a recommendation to the county manager.

2. The county manager shall approve, approve with conditions, or deny the plat amendment.

3. Notice of the public hearing shall be given in compliance with subsection F of this section.


D. Plat Amendments That Alter A Public Road Shown On A Subdivision Plat:

1. The planning commission shall hold a public hearing and shall thereafter make a recommendation to the county council.

2. The county council shall hold a public hearing and approve, approve with conditions, or deny the plat amendment.

3. Notice of the public hearing shall be given in compliance with subsection F of this section.


E. Plat Amendments That Result In Adjusting And/Or Altering Lot Lines Within A Platted Subdivision:

1. Land Use Authority: The CDD shall be the land use authority for all plat amendments resulting in adjusting and/or altering lot lines within a platted subdivision.

2. Public Hearing: In proposals where the CDD determines that potential issues may arise or additional comment is needed from the community, a public hearing may be scheduled with the planning commission. Following the public hearing, the planning commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the plat amendment.


F. Noticing Of Public Hearing For Plat Amendments, As Required:

1. The CDD or designated planning staff member shall give notice of the proposed plat amendment and associated public hearing. Notice shall be mailed to each owner of property located within three hundred feet (300') and may be mailed to each owner of property located within one thousand feet (1,000'). Mailed notice may be sent to all owners within the affected plat and the affected homeowners' association. The notice shall fulfill the requirements of the Utah code, as amended.

2. If the proposed plat amendment involves the vacation, alteration, or amendment of a road, the CDD or designated planning staff member shall give notice of the date, place, and time of the public hearing by:

a. Mailing notice as required in subsection F1 of this section; and

b. For public roads, publishing the notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation.


G. General Criteria:

1. Upon approval of the plat amendment the following signatures are required on the final plat: land use authority, chief executive officer (only required for plat amendments that alter a private road shown on a subdivision plat), legislative body (only required for plat amendments that alter a public road shown on a subdivision plat), county recorder, county engineer, county attorney, and county assessor. A "certificate of consent" from any and all mortgagors, lienholders, or others with a real property interest in the affected parcels is also required.

2. Once the application is approved and all applicable signatures are obtained, the plat amendments shall be recorded in the records of the county recorder.

3. If a petition is filed, and a public hearing is required, the appropriate land use authority and/or chief executive officer shall hold the public hearing within forty five (45) days after a complete application is filed.

4. Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this section may, in writing, petition to have the plat, any portion of it, or any road or lot contained in it, vacated, altered or amended, as provided in this section.

a. At the director's discretion, the public hearing requirement may be waived for plat amendments if the following criteria are met:

(1) The name and address and consenting signatures of all owners of record of the land contained in the entire plat are submitted with the application; and

(2) The name and address and consenting signatures of all owners of record of land adjacent to any road that is proposed to be vacated, altered or amended is submitted with the application.


H. Vacation By County Manager Or County Council: When the county manager or county council proposes to vacate, alter or amend a subdivision plat, or any road or lot contained in a subdivision plat, he/she shall consider the issue at a public hearing after giving the notice required by this section.


I. Grounds For Vacating Or Changing A Plat:

1. If the county manager or land use authority is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment, and that there is good cause for the vacation, alteration or amendment, the county manager or land use authority may vacate, alter or amend the plat, any portion of the plat, or any road or lot.

2. No plat amendment shall be approved which results in an increase in density.


J. Appeal: An aggrieved party may appeal the director's decision to the county council. An aggrieved party may appeal the planning commission's decision to the county council. An aggrieved party may appeal the county manager's decision to alter or amend a road to the county council. An aggrieved party may appeal the county manager's decision to vacate a road within a subdivision or the county council's decision to vacate a road within a subdivision to the district court as provided in the Utah code, as amended. (Ord. 742, 5-26-2010)

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10-3-19: DEVELOPMENT AGREEMENTS:linklink


A. Authority: The county may, but under no circumstances is it required to, enter into a development agreement with a property owner or applicant for development approval. The county, at its sole discretion, may opt to use a development agreement when it determines that such an approach to development promotes and protects the public health, safety and general welfare. Development agreements (SPA plans) shall be used to implement SPA designations, in accordance with section 10-3-11 of this chapter.


B. Binding Agreement: Whenever the county opts to enter into a development agreement; the agreement shall constitute a binding agreement between the applicant and the county. It shall contain those terms and conditions agreed to by the applicant and the county. The agreement shall describe all limitations, restrictions and parameters associated with the development of the subject property. The agreement shall describe all processes and procedures for obtaining final approval and building permits. The agreement shall not allow the sale or transfer of individual parcels or components of the entire project unless specifically provided for in the agreement, or as otherwise allowed under state law.


C. Effect Of Approval: Upon approval of the agreement, it shall constitute a vested right in the specific terms and proposals for a period of five (5) years from the date of the approval, or longer when specifically allowed in the agreement, subject to any conditions agreed to and incorporated into the agreement.


D. Criteria For Approval:

1. The development agreement has been duly adopted in accordance with the provisions stated in this section, unless it comprises an SPA plan, in which case, it is subject to the adoption and approval provisions of section 10-3-11 of this chapter;

2. The development agreement includes written consent by each landowner whose properties are included within the area described;

3. The county council, after receipt of a recommendation from the planning commission and review and consideration of the development agreement, finds that the specific proposals, terms and conditions contained in the agreement promote the intent of the general plan, result in benefits to the general public that would not otherwise occur under the literal application of this title, and effectively protect the health, safety and general welfare of the public; a public hearing is required to be held;

4. Development allowed under a development agreement shall comply with appropriate concurrency management provisions of this title, the infrastructure standards of this title, and all appropriate criteria and standards described in the development agreement;

5. When appropriate, based on the size of the project, the landowner or applicant agrees to, at a minimum, contribute all capital improvements and facilities necessary to mitigate the impacts of the project on the county and its special districts;

6. The landowner or applicant will mitigate all fiscal impacts on the general public;

7. Development shall not be permitted to create unacceptable construction management impacts;

8. While a creative approach to the development and use of the land and related physical facilities may be allowed by a development agreement, all development approved in the agreement shall meet or exceed development quality objectives of the general plan and this title;

9. The development shall be consistent with the goal of orderly growth and minimize construction impacts on public infrastructure within Snyderville Basin;

10. The development shall protect life and property from natural and manmade hazards; and

11. The development shall prevent harm to neighboring properties and lands, including nuisances. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)

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10-3-20: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY:linklink

The adoption and enforcement of building codes serves the public interest by providing for the inspection of structures for structural stability, fire resistance, adequate ventilation and other safety and sanitary features. No development shall occur except pursuant to a validly issued, unexpired and unrevoked building permit and any other development permits required by this title have previously been issued.


A. Building Permit Required: Construction or removal of any building or structure, or any part thereof, including all structures or uses of which plans have been approved as part of a rezoning, site plan, subdivision plat, conditional use permit, SPA plan with accompanying plat or site plan, low impact permit, or development agreement, shall not be commenced, or proceeded with, until a building permit is obtained from the county building official.


B. Code Compliance: All structural development shall comply with the requirements of the international building code, and other applicable building and fire codes.


C. Water Required For Building Permit: A source of water must be provided prior to the issuance of a building permit for a dwelling. If the dwelling is to be served by an existing water system, the building permit application must be accompanied by a statement from a representative of the system indicating that the water hookup will be allowed and that the system can deliver adequate quality, quantity and pressure to the proposed dwelling or building. If a private source of water is to be developed, the building permit application must be accompanied by evidence of water rights or ownership of the proposed source or supply, application number from filings with the state engineer, and evidence that the source can be adequately isolated from all present and potential sources of pollution in accordance with state standards.


D. Issuance Of Building Permits Prior To Completion And Acceptance Of Required Improvements: Building permits may be issued for construction in subdivisions and other projects prior to the completion and acceptance by the county of the required property improvements; provided, however, that no building permit may be issued until adequate financial assurance has been provided for completion of such improvements consistent with chapter 6 of this title; until such time as there shall be adequate access that meets the requirements of the Park City fire service district; and until there is sufficient water on site for firefighting purposes before combustible construction shall be allowed. In such cases, the county building inspector may require that the applicant for a building permit sign a statement indicating the following:

1. That the applicant is aware of the terms of the bond or escrow account established to guarantee completion of required improvements to the satisfaction of the county.

2. That the applicant releases the county from liability for installation, maintenance or repair of the required improvements until the same have been completed and accepted by the county.

3. That the applicant assumes all risk in connection with construction on the subject property.


E. Financial Security Required: Prior to issuance of the building permit, the applicant shall post a bond or provide other financial security, in such form and sum as the director or county council shall determine, with sufficient surety running to the county to offset any costs or expenses associated with the abatement of debris and material associated with construction activities on the site.


F. Submission: An application for a building permit shall be submitted to the director on the form provided by the county and shall be accompanied by the required processing fee. The application shall be accompanied by such documents, plans, maps or other information as the building official may request, including, but not limited to, evidence that all required development permits have been finally approved by the appropriate decision maker and that all conditions imposed at the time of such approval have been satisfied. Upon receipt of an application for a building permit, the building official shall examine the application and ascertain the exact location of the property on which the development will occur. The building official shall obtain a written statement of the street address of the property or, if no street address exists, a property description in writing, before issuing a building permit. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)


G. Site Plan Requirements: Three (3) copies of a site plan, a minimum size of eleven inches by seventeen inches (11" x 17") (must be legible) and a maximum size of thirty six inches by forty eight inches (36" x 48") shall be submitted with all building permit applications for all new construction, including additions, accessory buildings, and garages.

1. Preparation Of Site Plan: If any of the following criteria apply, the site plan shall be prepared by a licensed surveyor, architect, landscape architect, or engineer, registered in the state of Utah:

a. Parcels/lots that contain a designated building pad identified on a subdivision plat.

b. Building areas or building pads having an average grade steeper than five percent (5%) (some elevation information may be required to verify grade).

c. Proposed structure heights greater than twenty eight feet (28').

d. Proposed structure setbacks closer than three feet (3') to the required setback line, excluding decks, lean-tos, or other similar structures.

(1) Agricultural exempt buildings that comply with section 17-27a-605 of the Utah Code Annotated are excluded from these site plan requirements. However, agricultural exempt buildings closer than three feet (3') to the required setback line or are greater than twenty eight feet (28') in height will require an inspection by the community development department to ensure that setback and height requirements for the zone district in which they are located are being met.

e. Parcels/lots that do not have existing property corners set by a licensed surveyor.

2. Site Plan Information Required: When the site plan is required to be prepared by a licensed surveyor, architect, landscape architect, or engineer, each copy shall be wet stamped by each professional involved in its preparation. Redline corrections/additions to the site plan or elevation page items may be accepted if determined by staff to be minor in nature. All corrections shall be approved by the person who stamped the site plan. The site plan shall contain the following information:

a. Scale.

b. North arrow.

c. Information box showing the name of the applicant, subdivision and lot number or parcel number (tax identification number), address, section, township, and range, acreage (or square footage) of the lot or parcel.

d. Map of the parcel. For parcels larger than one acre, provide large scale drawing of the entire parcel (i.e., vicinity map, 1 inch = 100 feet), with bearing and distance calls, and a smaller scale (1 inch = 20 feet), detailed map of the area of the parcel being developed. The map shall contain the following minimum information:

(1) Property lines, designated building pad, platted setback lines, rights of way and easements, all adjacent streets/roadways.

(2) Proposed setbacks of all new structures to the property lines.

(3) A topographical map, prepared by a licensed surveyor, including both existing and proposed contours. Two foot (2') minimum contour intervals are required for all parcels/lots which have an average grade greater than five percent (5%) (some elevation information may be required to verify grade) and/or structure heights that exceed twenty eight feet (28') (measure from the ridgeline to existing or finished grade, whichever is greater). Existing contours must be shown through the proposed structures.

(A) For lots/parcels one acre or less in size, contours are required for the entire lot/parcel.

(B) For lots/parcels greater than one acre in size, contours are required one hundred feet (100') on each side of all proposed structures and all other areas of disturbance proposed for the lot/parcel, such as the driveway, accessory structures and yard areas. The contour map must include the opposite side of any existing roadway adjacent to the property.

(4) One fixed point near the proposed construction labeled "Benchmark" showing the elevation. The point may be a manhole cover, fire hydrant, or survey pin set so that it cannot be removed. The elevation of the point must be identified on a stake placed at or near the point.

(5) All elevations for the structure and driveway shall be referenced from the bench mark.

(6) All existing and proposed improvements.

(7) All drainageways, ditches, streams, and wetlands within two hundred feet (200') of any proposed structure, area of disturbance and driveway, even if located on an adjoining parcel/lot.

(8) The footprint of proposed structures. The footprint shall show roof ridgelines.

(9) The proposed driveway width.

(10) Proposed elevations, including:

(A) Top of the foundation walls at four (4) major corners.

(B) Roof ridge elevation(s) from existing grade.

(C) Garage floor elevations.

(D) Center of the driveway at the street, at twenty feet (20') from the street, at each grade break and at the edge of the "flat" parking area outside the garage.

(11) An erosion control plan including:

(A) Perimeter controls (straw wattle, straw bales, silt fence) on the downhill side of all disturbed areas when required by this code.

(B) Stabilized construction access.

(C) Protection measures of adjoining drainage features including storm drain, ditches, streams, etc.

(12) Construction mitigation plan that identifies the location of dumpster(s), portable toilet(s), material storage, and parking. The following notes shall be on the plan:

(A) Construction parking/traffic may not block the street without a permit.

(B) Mud tracked onto the street must be cleaned prior to the end of the workday.

(C) The construction site must be maintained in a neat manner. Trash and other debris may not accumulate outside the dumpster.

(D) Roadside parking is not allowed from November 1 through April 1.

3. Site Plan Certification: When a site plan is prepared by a licensed surveyor in conjunction with an architect, landscape architect, and/or engineer, the site plan must be certified by each of the professionals preparing the site plan for that portion of the plan that is their responsibility. The parcel/lot survey prepared and certified by the licensed surveyor, including topography may be submitted on a separate sheet from the site plan prepared by the architect, landscape architect, and/or engineer; however, all survey information from the parcel/lot survey shall be included on the site plan.

a. A form of the following certifications must appear on the parcel/lot survey and/or site plan:

Surveyor Certificate

    I, do hereby certify that I am a licensed Professional Land Surveyor registered in the State of Utah, license no. , as prescribed under the laws of Utah. I further certify that a survey of the land shown and described herein, and that the representation shown on the site plan is a correct representation of the land surveyed and has been prepared on conformity with the minimum standard and requirements of the Law.

Signature (over seal)
Date



Architect/Landscape Architect/Engineer Certificate

    I, do hereby certify that I am a licensed Architect/Landscape Architect/Engineer registered in the State of Utah, license no. , as prescribed under the laws of Utah. I further certify that I am fully responsible for the design of the structure(s), structure location(s), driveway, drainage, and other improvements/development to the land shown on the site plan.

Signature (over seal)
Date

4. Building Elevations Pages: Two (2) copies of the building elevations pages must be submitted with all building permit applications. Plans shall provide elevation views of all four (4) sides of the building. These views shall identify where the existing and proposed grade lines will strike the building wall line. Top of foundation, floor lines, eave lines, and ridgelines shall be shown and referenced to the known point on the site plan.

5. Certificate Of Survey/Elevation: A certificate of survey/elevation of the structure shall be submitted whenever a site plan is required to be prepared and certified by a licensed surveyor under the criteria set forth above. The certificate of survey/elevation must be prepared by a licensed surveyor registered in the state of Utah.

a. The certificate must verify the elevations of the top of foundation walls/roof ridge elevations with respect to the existing grades (per the approved site plan) and the structure location, with respect to setbacks and shall contain the following information:

(1) All property lines and building envelope (if applicable) when the parcel is one acre or less. When the parcel is larger than one acre, the two (2) closest property lines and building envelope (if applicable).

(2) Required setback lines.

(3) Structure footprint.

(4) Dimension lines from the structure to all shown property lines (see subsection G5a(1) of this section).

(5) "As constructed" top of foundation elevations or top of roof ridge elevations.

b. An original wet stamped copy of the certificate of survey/elevation must be submitted to the building department and engineering department prior to requesting a shear wall or the "four-way" inspection.

c. A form of the following certification must appear on the survey:

Certificate of Survey/Elevation

    I, do hereby certify that I am a licensed Professional Land Surveyor/Engineer registered in the State of Utah, license no. , as prescribed under the laws of Utah. I further certify that I have reviewed the approved plans for Permit No. , located at (street address) on Lot of the Subdivision and have surveyed the property to verify that the structure is situated on the lot as shown on this map. I further certify that the elevations of the roof ridges are as shown on this map.

Signature (over seal)
Date


(Ord. 766, 9-14-2011)


H. Approval Procedure:

1. Development Permit Required: Pursuant to this title, an applicant for a building permit may be required to submit a low impact permit, a conditional use permit with final site plan, an approved final site plan, recorded final subdivision plat, or a SPA plan (development agreement), which includes either a final subdivision plat or site plan, prior to the issuance of a building permit.

2. Posting Of Building Permit: A copy of the building permit shall be posted in a conspicuous place on the premises, out of the weather, and visible throughout the construction period until completion of all work authorized by the building permit.

3. Issuance Of Building Permit; Review Process: The building official shall be authorized to issue a building permit after review of the application for compliance with the appropriate development permit, all other applicable provisions of this title, including chapter 4 of this title, and the international building code. Prior to issuance of a building permit, the application shall also be reviewed to ensure that the location of the structure is consistent with the objectives and policies of the general plan and this title. Among other things, the review shall ensure, to the extent possible, that the structure will not infringe or be constructed on a ridgeline, will minimize encroachments into designated viewsheds, and other applicable policies.


I. Expiration And Extension Of Building Permit:

1. A building permit shall automatically expire and become null and void if work authorized by such permit is not substantially commenced within one hundred eighty (180) days from the effective date of the permit, or if such work, when commenced, is suspended or abandoned at any time for a period of one hundred eighty (180) days.

2. Notwithstanding the provision of subsection I1 of this section, if the work covered by the building permit has not commenced or has commenced and been suspended or abandoned, the building official may extend such permit for a period of one hundred eighty (180) days from the date extension is granted, provided an application for an extension is submitted prior to the expiration date of the initial permit, upon a showing by applicant that circumstances beyond the control of the applicant have prevented commencement. A new processing fee shall be submitted with a request for such extension.

3. Where construction authorized by a permit has not progressed beyond the foundation state in a period of three (3) years or more, an additional processing fee must be paid for a complete new inspection, which inspection shall ensure compliance with codes currently in effect. Any foundation which has weathered through two (2) or more winters without any structure built on it to give protection shall have an inspection by a structural engineer licensed by the state, who shall certify that the foundation is structurally sufficient to carry the load to be imposed on it, or certify specifications necessary for repair which may be required to bring it to an acceptable condition where it will adequately support the structure to be built upon it.

4. If work has commenced and the permit becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work under regulations in effect at the time the new building permit is issued. If a new building permit is not obtained within ninety (90) days from the date the initial permit became null and void, the building official shall require that any work which has been commenced or completed be removed from the building site, or the building official may issue a new building permit, on application, providing, that the work in place and the work required to complete the structure meets all applicable regulations in effect at the time of the issuance of the new building permit.

5. Work shall be considered to have commenced and be in active progress when, in the opinion of the building official, a full complement of workers and equipment is present at the site to diligently incorporate materials and equipment into the structure throughout the day on each full working day, weather permitting. The provision shall not apply in case of civil commotion or strike or when the building work is halted due to legal action.


J. Certificates Of Occupancy:

1. Required: A certificate of occupancy shall be required before any structure or premises, or part thereof, hereafter erected, changed, converted, moved, altered or enlarged wholly or in part, may be used or occupied. No certificate of occupancy shall be issued permitting the use or occupation of any such structure or premises unless:

a. If a building permit was required, the construction pursuant to such permit as reflected in the approved building permit has been fully completed and accomplished; or

b. If no building permit was required, the use conforms to this title and all other applicable statutes, ordinances and regulations, or the use is a valid legal nonconforming use in accordance with section 10-8-1 of this title; and

c. Payment of all applicable impact fees2 and other regulatory fees and requirements has been made.

d. The structure has been constructed in compliance with all applicable provisions of this title and the development permit granting approval thereof, the international building code, the international fire code, and/or other applicable ordinances related to the construction and occupancy of the structure.

e. In instances where final site plan improvements remain unfinished but the building has been completed in accordance with the building permit, as determined by the building official, a certificate of occupancy shall be issued if an appropriate agreement to complete the unfinished site work is entered into by the developer.

2. Submission: An application for a certificate of occupancy shall be submitted to the building official in the form provided by the county and shall be accompanied by the required processing fee.

3. Approval Procedure: The building official shall review the application and inspect the subject premises. The building official shall notify the applicant of his determination. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009; Ord. 766, 9-14-2011)

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Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also title 3, chapter 5 of this Code; see title 11, appendix C, of this Code for provisions relative to Eastern Summit County.
Footnote 2: See title 9, chapter 2, article A of this code.