11.01.010 Short Title:
This Ordinance shall be known and may be cited as the “Elwood Town Subdivision Ordinance” and may be identified within this document and other documents as “the Ordinance,” “this Ordinance” “Subdivision Ordinance,” or “Land Use Ordinance.” This Ordinance shall be considered and may be identified as a Elwood Town Land Use Ordinance, as defined by the Act.
This Ordinance is established to promote the purposes of Title 10 Chapter 9a Utah Code Annotated, 1953, as amended (hereinafter the “Act”) and to provide for the orderly division of lands, to avoid incompatibilities in land uses, and to secure the provision and long-term maintenance of necessary infrastructure, facilities, and services in an efficient and economical manner for existing and future Elwood Town residents.
11.01.030 Final Plat Required Before Lots May be Sold:
As provided and authorized by the Act, a Final Subdivision Plat shall be approved, as provided by Section 11.04 herein, complying with all requirements of this Ordinance, and the Act, before such Final Subdivision Plat may be filed or recorded in the Office of the Box Elder County Recorder, and lots may be sold.
The Town Council of Elwood, Utah (hereinafter “Council”) adopts this Ordinance pursuant to the Act and all other authorities and provisions of Utah and Federal statutory laws, and common law, as applicable.
This Ordinance constitutes a part of Elwood Town’s Land Use Ordinances, as authorized and identified by the Act.
11.01.050 Applicability and Authority:
Upon its adoption by the Council, and effective the day of 2007, this Ordinance shall govern and apply to the subdivision of all lands lying within the municipal boundaries of Elwood Town, Utah (hereinafter “the Town”)
11.01.060 Subdivision Defined:
For the purposes of this Ordinance, and the Act, “Subdivision” shall be, and shall mean;
- Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
- Subdivision includes:
- The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
- All divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes, except as provided by Section 11.01.07 herein,
11.01.070 Subdivision Not to Include
As provided by the Act, and for the purposes of this Ordinance, “Subdivision” does not include:
- A bona fide division or partition of agricultural land for the purpose of joining one (1) of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable Land Use Ordinance of the Town;
- A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:
- No new lot is created; and
- The adjustment does not violate applicable Land Use Ordinances of the Town.
- A recorded document, executed by the owner of record:
- Revising the legal description of more than one (1) contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or
- Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable Land Use Ordinances of the Town.
- A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
- No new dwelling lot or housing unit will result from the adjustment; and
- The adjustment will not violate any applicable Land Use Ordinance of the Town.
- The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision as to the unsubdivided parcel of property or subject the unsubdivided parcel to this Ordinance.
11.01.080 Fees and Charges:
The Council, by Resolution, may establish necessary fees and charges payable for Application processing and review, inspection services, and other services provided by the Town, or required by this Ordinance. The Council may amend such fees and charges from time to time, as considered necessary.
Section 11.01.09—Prohibited Acts:
- An owner of any land located in a subdivision who transfers or sells any land in that subdivision before a Final Subdivision Plat has been approved and recorded in the Office of the Box Elder County Recorder, as required and provided by this Ordinance, and the Act, is guilty of a violation of this Ordinance, and the Act, for each lot or parcel transferred or sold.
- The description by metes and bounds in an instrument of transfer or other documents used in the process of selling or transferring lots does not exempt the transaction from being a violation of this Ordinance, and the Act, or from the penalties or remedies provided by this Ordinance, or the Act.
- Notwithstanding the provisions of this Section, the recording of an instrument of transfer or other document used in the process of selling or transferring real property that violates this Ordinance, and the Act:
- Does not affect the validity of the instrument or other document; and
- Does not affect whether the property that is the subject of the instrument or other document complies with the Land Use Ordinances of the Town, including this Ordinance, other Land Use Ordinances, including the Elwood Town Zoning Ordinance (hereinafter “Zoning Ordinance”).
- The Town may take all actions, allowed under the law, to insure compliance and enforcement of this Ordinance. Failure of the Town to enforce any provision or seek remedies to any violation of this Ordinance shall not legalize any such violation.
- The Town, or any adversely affected owner of real estate within the Town, in which violations of this Ordinance are occurring, or are about to occur may, in addition to other remedies provided by law, institute:
- Injunctions, mandamus, abatement, or any other appropriate actions; or
- Proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
- As provided by the Act, the Town need only establish a violation of this Ordinance to obtain the injunction.
- The Town may bring an action against a property owner to require that the property conform and comply with the provisions of this Ordinance and/or the Act.
- An action brought by the Town against a property owner, and authorized by this Section, and the Act, may include an injunction, abatement, merger of title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation of this Ordinance.
- To enforce this Ordinance the Town may withhold or deny the approval or issuance of any required Land Use Permit, or Building Permit, as provided by Section 11.01.11 herein.
11.01.110 Licenses and Permits:
- From the effective date of this Ordinance, no approval, including the issuance of any building permit for the construction, alteration, or modification of any building or structure, shall be issued by the City unless such approval complies with the requirements and provisions of this Ordinance, including a determination that the lot or parcel, proposed for the approval or permit is a legal lot created pursuant to the provisions of this Ordinance, or prior enactments of this Ordinance, or is a legal lot of record. Any approval or permit issued in conflict with the provisions and requirements of this Ordinance shall be void and invalid.
- The Town may enforce this Ordinance by withholding building permits.
- It is unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the Town without approval of a building permit, unless such building is exempt, as provided by the Building Code of the Town.
- Except as provided by Section 11.01.13 herein, the Town Building Official shall not approve, and shall not issue, a building permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all adopted Land Use Ordinances of the Town, including this Ordinance, and the Zoning Ordinance.
- The Town Building Official shall not approve, and issue, a building permit that would be a violation of this Ordinance, or the Town’s other Land Use Ordinances, including the Zoning Ordinance.
- No Town employee shall approve and issue any permit or license that would be a violation of this Ordinance, or the Town’s other Land Use Ordinances, including the Zoning Ordinance.
- Any approval, permit, or license issued in conflict with any standard or requirement of this Ordinance, or the Town’s other Land Use Ordinances, including the Zoning Ordinance, shall be void and invalid.
- As provided by the Act, a violation of any provision of this Ordinance is punishable as a Class C misdemeanor upon conviction either:
- As a Class C misdemeanor; or
- By imposing an appropriate civil penalty adopted under the authority of the Act.
11.01.130 When an Applicant is Entitled to Approval of an Application – Exceptions – Town May Not Impose Unexpressed Requirements – Town Required to Comply with the Requirements of this Ordinance:
- An Applicant is entitled to the approval of a Land Use Application, required by this Ordinance, if such Application conforms to the requirements of this Ordinance, and the Town’s other Land Use Ordinances, Land Use Maps, and Zoning Ordinance, as may be applicable, in effect at the time when the Town determines the Application to be complete and all fees have been paid, unless:
- The Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the Application; or
- In the manner provided by local ordinance and before the Land Use Application is submitted, the Town has formally initiated proceedings to amend its Land Use Ordinances in a manner that would prohibit approval of the Application as submitted.
- The Town shall process a Land Use Application without regard to proceedings initiated to amend the City’s Land Use Ordinances, including this Ordinance and Zoning Ordinance if:
- One hundred and eighty (180) calendar days have passed since the proceedings were initiated; and
- The proceedings have not resulted in an enactment that prohibits approval of the Application, as submitted.
- If the Final Subdivision Plat, as required by Section 11.01.03 and Chapter 11.04 herein conforms fully to the requirements of this Ordinance, and the Town’s other Land Use Ordinances, including the Zoning Ordinance, and has been approved by the Culinary Water Authority and the Sanitary Sewer Authority, as identified by Section 11.03.04(12) herein, the Final Subdivision Plat shall be approved.
- The Town shall not impose on an Applicant, or any holder of any approval required by this Ordinance, any requirement that is not expressed:
- In the approval required by this Ordinance, or in documents on which such approval is based; or
- In this Ordinance, or in the Town’s other Land Use Ordinances, including the Zoning Ordinance.
- The Town shall not withhold the issuance of a Certificate of Occupancy because of an Applicant's failure to comply with a requirement that is not expressed:
- In the Building Permit, or in documents on which the Building Permit is based; or
- In this Ordinance, or the Town’s other Land Use Ordinances, including the Zoning Ordinance.
- The Town shall be bound by the terms and standards of this Ordinance, and the Town’s other Land Use Ordinances, including the Zoning Ordinance, as applicable, and shall comply with all mandatory requirements and provisions of such Ordinances.
- The Town shall process and render a decision on each Land Use Application required by this Ordinance with reasonable diligence.
11.01.140 Town Imposed Requirements and Exactions on Application Approval:
The Town shall not impose any requirement(s) or exaction(s) on any approval required by this Ordinance unless:
- An essential link exists between a legitimate governmental interest and each requirement or exaction; and
- Each requirement or exaction is roughly proportionate, in both nature and extent, to the impact of the proposed subdivision.
11.01.150 Restrictions for Solar and other Energy Devices
The Elwood Town Planning Commission (hereinafter “Commission”) may refuse to recommend, and the Council refuse to approve a Preliminary Subdivision Application and Final Subdivision Application, or the dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the Preliminary Subdivision Application or Final Subdivision Application prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the Preliminary Subdivision Application or Final Subdivision Application.
If any Chapter, Section, Subsection, Paragraph, Sentence, Standard, or Requirement of this Ordinance is held to be invalid, by a Court of competent jurisdiction, such holding shall not affect the validity of any other Chapter, Section, Subsection, Paragraph, Sentence, Standard, or Requirement of this Ordinance.