Chapter 1
RURAL AGRICULTURE PROTECTION PROGRAMlinklink

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11-1-1: STATEMENT OF PURPOSE:
11-1-2: RURAL AGRICULTURE PROTECTION:
11-1-3: AGRICULTURE PROTECTION AREA:
11-1-4: CLUSTER BONUS/AGRICULTURE PRESERVATION INCENTIVE SUBDIVISION:
11-1-5: COMMUNITY PRESERVATION INCENTIVE:
11-1-6: PRESERVING AND PROMOTING BUSINESS ENTERPRISES:
11-1-7: EXPECTATIONS FOR PUBLIC INFRASTRUCTURE AND SERVICES:

11-1-1: STATEMENT OF PURPOSE:linklink


The eastern Summit County general plan (hereafter referred to as "the general plan") was developed to ensure that the rural, agricultural and small town character of the eastern portion of the county shall remain, even in the presence of growth and change. The intention of the county is to assure the managed, proper and sensitive development of land to protect and enhance these desired qualities and the lifestyle that exists. In adopting the eastern Summit County development code (hereafter referred to as "this title"), the county will fully exercise all of the powers granted to it by Utah Code Annotated title 17, to require, to the extent possible and practical, that all development and change within eastern Summit County will occur in a manner that is consistent with the goals and expectations of the residents. In order to accomplish the stated purpose, this title will:


A. Protect the right to farm in eastern Summit County and promote and encourage the preservation of agricultural lands, operations and open space;


B. Establish incentives for preserving active agriculture lands and operations;


C. Allow simple procedures for landowners to undertake minor subdivisions of property to increase opportunities for residents and local workers to live in eastern Summit County;


D. Protect existing businesses that are important to the eastern Summit County economy from the encroachment of new residential development; (Ord. 708, 12-10-2008)


E. Allow appropriate flexibility with regard to the location of land uses and other zoning matters, so long as the resulting use of the land is compatible with its surroundings and generally consistent with the general plan; (Ord. 799, 3-6-2013)


F. Ensure that new development is undertaken in a manner that is sensitive to the rural, agricultural and small town character, and make every effort to ensure that new development will not bring about change that is inconsistent with the underlying community values and resources;


G. Prevent or minimize development when it will significantly increase potential dangers to life and safety of existing and future residents and emergency service personnel;


H. Require a common sense approach to development and ensure that people choosing to locate in remote areas of the county recognize and accept the possible consequences of their actions;


I. Preserve the natural resources of eastern Summit County;


J. Ensure that development is compatible with wildlife habitats and environmentally sensitive areas;


K. Ensure that the county and incorporated municipalities cooperate in guiding development near the boundaries of each municipality; and


L. Protect private property rights. (Ord. 708, 12-10-2008)

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11-1-2: RURAL AGRICULTURE PROTECTION:linklink

Maintaining viable agricultural lands and operations and rural business enterprises is crucial to the public health, safety and welfare of eastern Summit County. New development must assume the responsibility for creating a compatible relationship with the normal operations of these activities. To this end, no subdivision plat shall be approved by the county without a plat note containing the language stated below. No building permit shall be issued for any previously platted lot without an acknowledgment in writing from the owner (titled "memorandum of understanding") containing the language stated below. The executed memorandum of understanding and plat shall be filed in the records of the county recorder to notify any future owner of the lot about the presence of agricultural and rural business operations in Eastern Summit County. It shall state:

    The owners of property within Eastern Summit County recognize the importance of agricultural lands and operations and small rural business enterprises. It is recognized that agricultural lands and operations and rural business enterprises have unique operating characteristics that must be respected. (Owners of each lot platted in this subdivision/the owner of the residence constructed upon this lot) have/has been given notice and recognizes that there are active agriculture lands and operations and rural business enterprises within Eastern Summit County and acknowledges and accepts that, so long as such lands and operations exist, there may be dust, noise, odor, prolonged work hours, use of roadways for the purposes of herding/moving animals, and other attributes associated with normal agricultural operations and rural businesses.

(Ord. 708, 12-10-2008)
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11-1-3: AGRICULTURE PROTECTION AREA:linklink

The general plan seeks to ensure that agricultural land uses and operations in Eastern Summit County are protected, to the extent possible, from the adverse effects of development. It is the intent of the agricultural protection program to: a) provide incentives to farmers and ranchers that encourage them to stay on the land; b) augment and carry out the state's agriculture protection area provision, established in Utah Code Annotated, section 17-41-101, to maintain agricultural activities that are valuable to the state and the county; c) protect farmers and ranchers from nuisance complaints, undesirable rezoning, and unreasonably restrictive state and local actions; and d) educate and raise the awareness of developers and new residents that Eastern Summit County values, which form the foundation of the general plan, will be protected from any adverse effects of development and help ensure the right to farm in Eastern Summit County.


A. Agriculture Protection Advisory Board: The county manager with the advice and consent of the county council shall appoint members to an agriculture protections area advisory board ("advisory board") in accordance with state law. The advisory board shall:

1. Evaluate each proposal for the creation of an agriculture protection area and make a recommendation to the county council regarding the acceptability of the proposal;

2. Provide advice to the planning commission, county manager and county council about:

a. The desirability of each proposed agriculture protection area designation;

b. The nature of agricultural production within each proposed agriculture protection area;

c. The relation of agricultural production within the proposed agriculture protection area to the county as a whole;

d. The type of agricultural production that should be allowed within the agriculture protection area; and

e. Measures that can be carried out by the county to encourage and promote agricultural production within each agriculture protection area and the county as a whole.


B. Qualifications: There must be at least five (5) acres of active agriculture production within any area to be designated an agriculture protection area in order to qualify under this chapter.


C. Application Requirements: The state has established a mechanism for the owner of land in agricultural production to file a proposal for the creation of an agriculture protection area within the county. An application for agriculture protection area designation shall include the following:

1. Identification of the land in agricultural production that the owner wishes to become part of an agriculture protection area.

2. The tax parcel number of each parcel to be included in the agriculture protection area.

3. The number of acres for each parcel, as listed on the parcel tax records.

4. The name of the owners of each parcel to be included in the agriculture protection area.

5. A description of any limitations that shall be placed on the types of agricultural production that shall occur within the agriculture protection area.


D. Review Procedures:

1. The applicant for an agriculture protection area designation shall submit the required information to the community development director (hereafter referred to as "CDD").

2. Upon receipt of the application, a notice shall be published in a newspaper of general circulation and the applicant shall post the notice in at least five (5) public places within, adjacent to, or near the proposed agriculture protection area. The notice shall contain:

a. A statement that a proposal for the creation of an agriculture protection area has been filed with the county.

b. A statement that the proposal will be available for public inspection in the community development department.

c. A statement that any person affected by the establishment of the area may file a written request for modification of the proposal or written objections to the proposal with the county within fifteen (15) days of the date of the notice.

d. A statement that the county will submit the proposal to the advisory board and the planning commission for review and recommendations.

e. A statement that the county will hold a public hearing to discuss and hear public comment on:

(1) The proposal to create the agriculture protection area;

(2) The recommendations of the advisory board and planning commission; and

(3) Any requests for modifications of the proposal and objections to the proposal.

f. Written objections to the proposal shall be submitted to the county within fifteen (15) days after the date of the notice.

3. After fifteen (15) days from the date of the public notice, the application, along with any objections or proposed modifications, shall be referred to the advisory board and the planning commission for review, comments and recommendations.

4. Within forty five (45) days after receipt of the application, the advisory board shall submit a recommendation to the county council that:

a. Recommends any modifications to the proposal.

b. Recommends any limitations on the types of agricultural production to be allowed in the agriculture protection area.

c. Identifies whether the land is currently being used for agricultural production; the viability of the land for agricultural production; the extent and nature of existing and proposed farm improvements; and anticipated trends in agricultural and technological conditions.

d. Evaluates any objections to the proposal.

e. Recommends acceptance, modification or rejection of the proposal.

5. Within forty five (45) days after receipt of the application, the planning commission shall submit a recommendation to the county council that:

a. Identifies the effect of the proposal on the county planning policies and objectives.

b. Identifies whether the land is zoned for "agricultural use".

c. Analyzes and evaluates any objections to the proposal.

d. Recommends acceptance, modification or rejection of the proposal; and

e. Recommends any limits on the types of agricultural protection to be allowed in the agriculture protection area.

6. Failure of the planning commission or advisory board to submit a recommendation within forty five (45) days shall constitute a recommendation for approval of the proposal.

7. Upon receipt of the planning commission and advisory board recommendations, or after forty five (45) days has expired, whichever comes first, the county council shall schedule a public hearing. Notice of the hearing shall be published in a newspaper of general circulation and the applicant shall post the notice in at least five (5) public places within, adjacent to, or near the proposed agriculture protection area. The notice shall state:

a. The time, date and place of the public hearing.

b. A description of the proposed agriculture protection area.

c. Any proposed modifications to the agriculture protection area.

d. The recommendations of the planning commission and advisory board.

e. A statement that interested persons may appear at the public hearing and speak in favor or against the proposal, any proposed modifications to the proposal or the recommendations of the advisory board or planning commission.

8. The county council, after holding the public hearing, shall make a decision regarding the application within one hundred twenty (120) days of the date of application. Failure of the county council to act within one hundred twenty (120) days of the date of application shall constitute approval of the application.


E. Notice Of Agriculture Protection Areas:

1. Upon approval of an application for an agriculture protection area, the CDD or designated planning staff member shall file an executed document containing a legal description of the agriculture protection area in the records of the county recorder and with the planning commission.

2. Within ten (10) days of recording the executed document, the CDD or designated planning staff member shall file a written notification to the commissioner of agriculture that the agriculture protection area has been created. The notification shall include:

a. The number of landowners within the agriculture protection area; and

b. The total acreage of the area, the date of approval, and the date of recording the executed document.


F. Adding Land To Or Removing Land From Agriculture Protection Area:

1. Any owner of land may add land to an existing agriculture protection area by filing an application with the county and obtaining the approval of the county council in accordance with the provisions of this section for creating an agriculture protection area.

2. Any owner of land may remove all or part of the property from the agriculture protection area by filing a petition for removal with the county. The county council shall grant approval of the removal, even if the remaining agriculture protection area will be less than five (5) acres under active agricultural production. Upon removal, a revised legal description of the remaining agriculture protection area shall be filed with the county recorder and the planning commission. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30048#s1279662
11-1-4: CLUSTER BONUS/AGRICULTURE PRESERVATION INCENTIVE SUBDIVISION:linklink

The cluster bonus/agriculture preservation incentive subdivision is hereby created to promote the retention of agricultural land and operations in Eastern Summit County. It is specifically intended to assist those actively engaged in farming and ranching and to increase opportunities for residents and local workers to live in Eastern Summit County. A density bonus shall be awarded to property owners within the agriculture protection (AP) zone district only if it results in the preservation of actively used agricultural lands. The cluster bonus/agriculture preservation subdivision shall be applicable for legally created lots/parcels in the AP zone district, which constitute the heaviest concentration of agricultural enterprises and is located within the primary county infrastructure and service area. Chapter 4 of this title defines the procedures related to the cluster bonus/agriculture preservation subdivision. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30048#s1279663
11-1-5: COMMUNITY PRESERVATION INCENTIVE:linklink

The minor subdivision of property and cluster bonus minor subdivision provisions are hereby created with the intent of increasing opportunities for residents and local workers to afford a place to live in Eastern Summit County. The minor subdivision of property and the cluster bonus minor subdivision provisions shall be applicable only in the AP and HC zone districts, which constitute the areas where the county's primary infrastructure and services are located. These provisions shall apply to any legally created lot/parcel. Chapter 4 of this title defines the procedures related to the minor subdivision of property and cluster bonus minor subdivision provisions. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30048#s1279664
11-1-6: PRESERVING AND PROMOTING BUSINESS ENTERPRISES:linklink


A. Existing Enterprises: There are many viable rural business enterprises in Eastern Summit County that are being encroached upon by new residential development. These business operations remain viable; some need to expand. These operations require protection from the effects of new residential development, in much the same way as agricultural lands and operations. Business enterprises that existed on the effective date hereof, so long as they were lawfully established under previous zoning regulations, shall hereunder be considered a "permitted use" within the zone district in which they are located.


B. Expansion Of Existing Enterprises: The expansion of lawfully established business enterprises shall require a "conditional use" approval, as described in section 11-4-7 of this title. The intent of the conditional use approval shall be to ensure compatibility with surrounding uses to the extent practical and reasonable. They shall be allowed to undertake appropriate expansion when they reasonably mitigate potential impacts on nearby residential land uses. Provisions for mitigation are described in chapter 2 of this title. (Ord. 708, 12-10-2008)


C. Promoting New Enterprises: New business enterprises, and jobs within the tax base that will result, are crucial to the future of Eastern Summit County. It is difficult to identify locations for such activities without a specific proposal to consider. Therefore, a procedure has been incorporated in this title that allows the County the flexibility to consider these uses in the future. The specially planned area offers business operators, who desire to locate in Eastern Summit County, the opportunity to work with the Planning Commission and County Council to foster any business that is generally consistent with the goals and objectives of the General Plan and is compatible with its surroundings. (Ord. 708, 12-10-2008; amd. Ord. 799, 3-6-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30048#s1279665
11-1-7: EXPECTATIONS FOR PUBLIC INFRASTRUCTURE AND SERVICES:linklink


A. Memorandum Of Understanding Required: Although the County endeavors to provide reasonable and appropriate infrastructure and services which adequately serve allowed land uses in Eastern Summit County, certain new buildings/structures and developments, because of location, will not be easily served by the County or special districts. If a person chooses to construct a new residential or commercial structure, or obtain development approval in areas removed from the County's primary infrastructure and service area, the developer/owner shall acknowledge in writing (titled "memorandum of understanding") at the time of development approval, or in the instance of a previously platted lot at the time of building permit issuance for a new structure, the following:

The property owner acknowledges that he/she is building in a location that is far removed from the primary Summit County service areas. As such, the property owner is on notice that there is limited access, infrastructure and public services in the area. Some services, which include, but are not limited to, garbage pick up and school bus service, will not be provided. Emergency response time will be longer than it is in more accessible areas, and access by emergency vehicles may be impossible at times due to snow and road conditions. The owner understands and acknowledges that there may be infrastructure in these remote locations that does not meet adopted county infrastructure standards. It is the intent of Summit County to attempt to continue to provide the existing variety, scale and frequency of public services and infrastructure for all existing and new development in these remote areas of Eastern Summit County. It is not the intent of Summit County to increase the variety, scale and frequency of public services and infrastructure or to provide urban levels of service and infrastructure in these areas. By this notice, the property owner assumes the risks of occupancy as outlined above, and is hereby put on notice that there are no anticipated changes in the levels of services or infrastructure by either Summit County or the appropriate special service district, nor does the property owner expect changes beyond those identified herein.


B. Recording: This acknowledgment shall be deemed to run with the land and, as such, shall be recorded at the developer/owner's expense in the records of the County Recorder to provide notice to future property owners regarding service level expectations. (Ord. 708, 12-10-2008)

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