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Public Hearing for Subdivision Ordinance at Planning & Zoning Meeting on August 1, 2023 at 6pm

THE TOWN OF HANKSVILLE

DRAFT COPY FOR REVIEW ONLY


ORDINANCE NO. 2023-01


AN ORDINANCE ESTABLISHING PROCEDURES AND STANDARDS FOR THE PHYSICAL DEVELOPMENT OF SUBDIVISIONS OF LAND AND CONSTRUCTION OF BUILDINGS AND IMPROVEMENTS THEREON WITHIN THE TOWN OF HANKSVILLE:


WHEREAS, the Town of Hanksville (“Town”) wishes to regulate future growth and development within the Town in accordance with the Hanksville General Plan and provide for the efficient and orderly growth of the Town; and


WHEREAS, the Town Council will coordinate development of the Town and ensure sites suitable for building purposes and human habitation as well as provide for the health, safety, and welfare of the present and future inhabitants of the Town; and


WHEREAS, the Town Council wishes to prevent overburdening of the land and undue congestion of population; and


WHEREAS, the Council determined that it is appropriate to create Ordinance 11 “Subdivisions” of the Town Municipal Code; and


WHEREAS, a public hearing concerning the proposed creation of the Subdivision Ordinance of the Town of Hanksville was held before the Hanksville Planning Commission (“Planning Commission”), after proper notice, on August 1, 2023 at 6:00 p.m.:


NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF HANKSVILLE, WAYNE COUNTY, UTAH, AS FOLLOWS:


Chapter 11-1 General Provisions


  1. Short Name: The Ordinance shall be known as the SUBDIVISION ORDINANCE OF THE TOWN OF HANKSVILLE, UTAH and may be so cited and pleaded.


  1. Purpose: This Ordinance and the regulations and restrictions contained herein are adopted and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the Town, including among other things: providing adequate open spaces, light and air, classification of land uses, adequate landscaping, distribution of land development and utilization, and protection of the tax base; securing economy in governmental expenditures; and promoting the development of a more wholesome, serviceable, and attractive community resulting from an orderly, planned use of resources.


  1. Interpretation: In interpreting and applying the provisions of this Ordinance, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.


  1. Conflict: This Chapter shall not nullify the more restrictive provisions of covenants, agreements, other ordinances, or laws, but shall prevail notwithstanding such provisions which are less restrictive.


  1. Severability: Should any article, section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so declared to be invalid.

Chapter 11-2 Authority to Impose Conditions

  1. This Chapter is designed to inform the subdivision developer and the public of the requirements for obtaining subdivision plat approval. Because each parcel of real property is unique and has its own set of circumstances, and because there are some aspects of subdivision development that cannot easily be articulated, it is not possible to cover every possible contingency. Therefore, the Planning Commission has the authority to impose reasonable conditions upon a subdivider in addition to those expressly required.

Chapter 11-3 Considerations


  1. The Hanksville General Plan shall guide the use of all land within the boundaries of the Town. The size and design of lots, the nature of utilities, the design and improvement of streets, the type and intensity of land use, and the provisions for any special facilities in any subdivision shall conform to the greatest extent possible to the land uses shown and the objectives established in the General Plan.


  1. The subdivider shall prepare a plat consistent with the standards contained herein and shall pay for the design, construction, and inspection of the public improvements required. The Town shall process the plat in accordance with the regulations set forth herein. The subdivider shall not alter or remove any vegetation from the proposed subdivision site or engage in any site development until they have obtained the necessary approvals contained in this Chapter.


Chapter 11-4 Definitions


The words and terms defined in this Ordinance shall have the meanings indicated. The particular controls the general. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense include the future unless the context clearly indicates the contrary. Words used in the singular number include the plural, and words used in the plural number include the singular unless the context clearly indicates the contrary.


ADJOINING STREET: A street that provides access to another through street.


DEVELOPER: Any person, including a corporate person, who undertakes to develop land, including subdividers.


DEVELOPMENT REVIEW COMMITTEE (“DRC”): This committee will consist of Town utility department heads, the Zoning Administrator, the Planning Commission chair, and others as designated by the Legislative Body.


EASEMENTS: That portion of a lot or lots reserved or granted for present or future use by a person or agency other than the legal owner or owners of said property or properties. The easement may be for use under, on the surface, or above said lot or lots.


FINAL PLAT: A final map or plat of the land division prepared for filing with the Wayne County Recorder and in compliance with all the requirements set forth in this Ordinance and the Hanksville Town land use ordinance. This plan must have been accurately surveyed and such survey marked on the ground so that streets, alleys, blocks, lots, and other divisions thereof can be identified.


INTERVENING PROPERTY: Property located between the existing service facility and the property under development.


LARGE-LOT SUBDIVISION: A large-lot subdivision is a proposed subdivision containing at least fifteen (15) acres where the proposed lots are one acre in size or greater. The Planning Commission, because of the unique nature of the terrain or other unique qualities of a proposed large lot subdivision, may approve up to twenty five percent (25%) of the lots less than one acre, but a lot shall never be smaller than three- fourths (3/4) of an acre.


LEGISLATIVE BODY: The Hanksville Town Council.


OFF-SITE FACILITIES: Facilities designed or located so as to serve other property outside of the boundaries of the subdivision, usually lying between the development and existing facilities.


ON-SITE FACILITIES: Facilities installed within or on the perimeter of the subdivision.


PRELIMINARY PLAT: A drawing prepared by a licensed engineer or land surveyor, to scale, representing a proposal to subdivide a tract, lot, or parcel of land and meeting the vicinity plat requirements of this Ordinance, including acreage.


SUBDIVIDER: See definition of developer.


SUBDIVISION: Means any land that is divided, re-subdivided, or proposed to be divided into three (3) or more lots, parcels, sites, units, plots, or other divisions 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, lease, map, plat, or other recorded instrument.


Chapter 11-5 Administrative Land Use Authority


The appointment of Zoning Administrator (“Administrator”) is hereby created. The Chair of the Planning Commission will serve as the Administrator. The Town Clerk shall be the alternative and back-up to the Chair of the Planning Commission for the duties outlined hereafter. The Administrator shall have such powers as are set forth in this Chapter.


  1. Only applies to subdivision applications for single family dwellings, two family dwellings, or town homes.


  1. Planning Commission Services: The Administrator shall provide administrative services to the Planning Commission. It shall be the duty of the Administrator to prepare the agenda for all regular meetings of the Planning Commission and ensure that it is published, mailed and displayed in compliance with Planning Commission procedures. The Administrator shall attend all regular meetings and any special meetings as may be required by the Planning Commission.


  1. Land Use Ordinance Interpretation: The Administrator is authorized to interpret the land use ordinance and zoning map. Appeals from said interpretation shall be to the Legislative Body.


  1. Certificates, Permits And Reviews: Application for all certificates, permits and reviews shall be made at the Town Office. Applications shall be made on the respective forms provided and shall be accompanied by the proper fee and required documents. Administration of certificates, permits and reviews shall proceed as provided below:


  1. Zoning Review: The Administrator shall approve applications for building permits to ensure compliance with zoning regulations. The Administrator may present such applications to the Planning Commission for review and recommendation;

  2. Site Plan Review: The Administrator shall receive all applications for site plan review; he or she shall ensure that submittals are complete and placed upon the Planning Commission agenda for timely review. The Planning Commission shall approve applications for site plan review;

  3. Sign Permit: The Administrator shall receive applications for a sign permit. The Administrator shall review and issue permits for signs on all uses, although Planning Commission concurrence may be requested;

  4. Industrial Performance Standards: It shall be the responsibility of the Administrator to initiate an investigation of a suspected violation of the industrial performance standards and may request review by the Planning Commission;

  5. Zoning Amendments Review: Requests for amendments or changes to the land use ordinances or zoning map shall be initiated with the Administrator; and

  6. Schedule of Fees: A schedule of the fees required for the issuance of any certificate, permit or review is available at the Town Office.



Chapter 11-6 Scope, Applicability, and Prohibited Acts


  1. No person shall subdivide for the purpose of transferring, selling, conveying, or assigning any tract or parcel of land which is located wholly or in part within the Town, except in compliance with this Ordinance.


  1. An owner of any land located in a subdivision who transfers or sells any land in that subdivision before a Final Subdivision Plat of the subdivision has been approved and recorded, as required and provided by this Ordinance, and the Act, is guilty of a violation of this Ordinance, or Utah Code, for each lot or parcel transferred or sold.


  1. 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, or from the penalties or remedies provided by this Ordinance, or Utah Code.


  1. 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 Utah Code:


  1. Does not affect the validity of the instrument or other document; and

  2. Does not affect whether the property that is the subject of the instrument or other document complies with the Town Code, including this Ordinance, and the Town’s other land use ordinances.


  1. A subdivision plat shall comply with the provisions of this Ordinance and be approved by the Town before it may be filed or recorded in the Wayne County Recorder's Office and before lots may be sold.


  1. All lots, plots, or tracts of land located within a subdivision shall be subject to this Ordinance, regardless of whether or not the tract is owned by the developer or a subsequent purchaser, transferor, or holder of the land.


  1. The Town shall be promptly notified via written letter, regardless of the number of lots, of any land that is divided, re-subdivided, or proposed to be divided into lots, parcels, sites, units, plots, or other divisions 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.


Exceptions

The following subdivisions, as defined by this Ordinance, may be exempted from all the provisions of this Ordinance.


  1. The division, re-subdivision, or development of a parcel which:

    1. Does not require any fee-simple dedication of property, easements for public use;

    2. Does not contain more than four-hundred, twenty-nine (429) feet of undeveloped lot frontage being proposed to be split;

    3. Does not create more than a maximum of two (2) total parcels from the original parcel;

    4. Does not create any parcel that does not comply with all current zoning requirements;

    5. Is divided for the purpose of residential use; and

    6. Does not require the installation of any municipal infrastructure that would normally be required of a subdivision.


  1. A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:

    1. No new lot is created; and

    2. The adjustment does not violate applicable land use ordinances; or

    3. A recorded document, executed by the owner of record:

      1. 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

      2. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joiner does not violate applicable land use ordinances.


  1. A subdivision of property solely owned by a public entity (i.e., town, county, or school district) shall be exempted from the provisions of this Ordinance provided that the purpose of such subdivision is in keeping with the normal activities of that public entity.


Exempt from Plat Requirements


  1. A lot or parcel resulting from a division of agricultural land is exempt from plat requirements if the lot or parcel:

    1. Qualifies as land in agricultural use under Section 59-2-502 of the Utah Code;

    2. Meets the minimum size requirement of applicable land use ordinances; and

    3. Is not used and will not be used for nonagricultural purposes.


Chapter 11-7 Subdivision Approval Procedures


Approval Steps


The following steps are necessary in order for a subdivision to be approved in the Town. Details about some of these steps are found in the “Submittal Requirements” section that follows.


  1. The developer contacts the Administrator for information concerning the Town Subdivision requirements and compatibility with the Hanksville General Plan and discusses the proposed plan of development prior to preparing any plats, plans, or charts. The developer also receives a copy of the Preliminary Plat Subdivision Application.


  1. The developer pays the Preliminary Plat fee at the Town Office.


  1. The developer submits the following to the Administrator:


  1. Six (6) copies of the Preliminary Plat prepared by a registered engineer or surveyor and supporting documents as specified in this Chapter;

  2. A signed copy of the Preliminary Plat Subdivision Application;

  3. A Primary Title Report; and

  4. A copy of the Preliminary Plat fee receipt.


  1. The developer submits copies of the Preliminary Plat and any proposed utility load information to agencies and service providers as needed to the Administrator at least fourteen (14) days prior to a regularly scheduled Planning Commission meeting.


  1. If a State highway is involved, the developer provides evidence of approval of access, curbs, gutters, and sidewalks by the Utah Department of Transportation to the Administrator.


  1. The DRC reviews the documents and makes recommendations.


  1. The Planning Commission meets and reviews the Preliminary Plat and takes action. The developer or agent must attend and present the Preliminary Plat.


  1. The developer receives a copy of the Final Plat Subdivision Application and pays the Final Plat fee.


  1. The developer submits six (6) copies of the tentative Final Plat to the Administrator.


  1. The DRC reviews the tentative Final Plat and checks for compliance with conditions and returns one copy to the developer.


  1. The developer submits a copy of the tentative Final Plat and irrigation system drawings to any irrigation providers involved and obtains a letter of approval.


  1. The developer submits the following to the Administrator:


  1. Six (6) copies of the tentative Final Plat prepared by a registered engineer or land surveyor in accordance with this Chapter;

  2. Written application for approval;

  3. Cross sections and profiles of the streets and all construction drawings related to all of the improvements to be constructed within the subdivision. All drawings and materials must be signed and stamped by a registered professional engineer. Supplemental sheets need not be stamped;

  4. A final storm drainage study, with schematic solutions and the associated calculations to demonstrate primary on-site drainage containment and an overflow plan;

  5. Copy of Final Plat fee receipt; and

  6. Detailed cost estimates, prepared by the project engineer, for the improvements.


  1. The DRC reviews the documents and identifies requirements and makes recommendations. Ten (10) working days are allowed for completion of development review for each submittal or resubmittal.


  1. Upon completion of committee review, the Administrator places the item on the Planning Commission agenda and notifies the developer.


  1. The developer presents a copy of the final plat by the Monday prior to the Planning Commission meeting.


  1. The Planning Commission meets and reviews the Final Plat and takes action. The developer or agent must attend and present the plat. Once the Final Plat is approved by the Planning Commission it will remain in the custody of the Town.


  1. If approval is given, the Final Plat is signed and forwarded to the Legislative Body.

  1. Approval of the Final Plat is placed on the Town Council agenda, and the developer is notified.


  1. The Town Council meets and considers the Final Plat. The developer or agent must meet with the Town Council and discuss the plat.


  1. If approval is given, the developer submits the following to the Town for review by the Town Attorney.

  1. Guarantee of improvements; and

  2. Agreements.


  1. The Town Attorney reviews the plat and the documents submitted to insure adequacy.


  1. The developer then pays the following fees:

  1. Development fees;

  2. Recording fees; and

  3. Utility extension fees.


  1. The developer and contractors and other representatives meet with Town representatives in a preconstruction conference, and then when authorized the developer constructs and installs all improvements, meets the inspection plan approved by the Town, and has as-built drawings prepared.


  1. When the above requirements are met, the Final Plat will be signed by the Chair of the Planning Commission.


Submittal Requirements


The Town will not approve any proposed subdivision until the following has been done and said subdivision officially passed on by an engineer for and on behalf of the Town and approved by the Planning Commission


  1. Preliminary Plat: A Preliminary Plat may be presented to the Planning Commission by submitting at least six (6) copies to the Administrator by at least fourteen (14) days preceding the regularly scheduled meeting. Prior to the Administrator submitting a Preliminary Plat to the Planning Commission, the Development Review Committee (“DRC”), and others as designated by the Legislative Body must review the plat. Preliminary Plat Subdivision Application for such review shall be made to the Administrator. The Preliminary Plat shall be drawn to a scale not smaller than one hundred feet (100') to the inch, and shall be on standard twenty four inch by thirty six inch (24" x 36") paper. The plat and attached documentation shall show:


  1. The proposed name of the subdivision. It shall be the responsibility of the developer to verify the uniqueness of the name. There shall be no duplicate of or very similar names of subdivisions within the Town or Wayne County.

  2. The subdivision location as forming a part of a larger tract or parcel, where the plat submitted covers only a part of the developer's tract, or only a part of a larger vacant area. In such a case, a sketch of the prospective future street system of the part submitted shall be considered in light of adjustments and connections with the future street system of the larger area. The Preliminary Plat shall show all property owned or optioned by the subdivider pertaining to the proposed subdivision at hand. This information may be required as a separate drawing.

  3. Sufficient information to locate accurately the property shown on the plat, including a clearly defined basis of bearing for the survey as well as the date of the survey. The nearest section corner tie must be shown.

  4. The names and addresses of the developer, the engineer or surveyor of the subdivision, and the names of the owners of the land immediately adjoining the land to be subdivided, shall be shown on the preliminary plat.

  5. The boundary lines of the tract to be subdivided, including total acreage proposed for subdivision.

  6. The location, widths and other dimensions of all existing or platted streets and other important features such as easements, railroad lines, watercourses (including irrigation canals and ditches), exceptional topography, bridges and buildings within or immediately adjacent to the tract to be subdivided.

  7. Existing power lines, sanitary sewer, storm drains, water supply mains and culverts within the tract and immediately adjacent thereto.

  8. The flood hazard boundaries, if applicable.

  9. The locations, widths and other dimensions of proposed public streets, private streets, utility easements, parks, other open spaces and lots, with proper labeling of spaces dedicated to the public, or designated as private streets.

  10. Buffer zones where non compatible uses adjoin a proposed subdivision.

  11. North point, scale and date.

  12. The proposed layout, dimension and number of each lot.

  13. Proposed construction and permanent fencing along appropriate subdivision boundaries as determined by the Planning Commission. The fencing shall be as indicated in the subdivision standards.

  14. A review copy of proposed protective covenants, if applicable.

  15. A statement of the existing zoning and conformance with the Hanksville General Plan.

  16. A preliminary storm drainage study, with schematic solutions and the associated calculations to demonstrate primary on site drainage containment and an overflow plan.

  17. Plans or written statements regarding the proposed stormwater drainage facilities and other proposed special improvements such as sidewalks, planting and parks, and any grading of individual lots.

  18. Any failure to submit a Final Plat within one year after approval of the Preliminary Plat shall terminate all proceedings and render the Preliminary Plat null and void, unless otherwise approved by the Town Council.


  1. Final Plat:


  1. A Final Plat must be prepared by a licensed engineer or a licensed land surveyor on a sheet of approved tracing linen with waterproof, black, permanent ink and presented to the Planning Commission by submitting a minimum of two (2) weeks after approval is received for the Preliminary Plat. The Planning Commission shall not act on any Final Plat prior to final review by the DRC. The Final Plat shall include:

    1. Any easements or property to be dedicated to the Town for roads and other public uses.

    2. Appropriate signature block, including owner's dedication with proper acknowledgment and Planning Commission approval.

    3. Surveyor certificate.

    4. Addresses and dimensions for each lot within the subdivision.

    5. Acreage of the subdivision.


  1. The following shall not be included on the Final Plat, but must be submitted with the Final Plat:


  1. All information required on Preliminary Plat.

  2. Proposed utility layout, including hydrant locations and street lighting locations.

  3. All construction types and specifications.

  4. Drainage plan.

  5. Any proposed restrictive covenants.


  1. Final Approval Recording: The Final Plat shall be presented to the Legislative Body for review prior to approval of the Final Plat by the Planning Commission. Once a plat receives final approval by the Planning Commission, the plat shall remain in the custody of the Town until final recording in the Wayne County Recorder’s Office. Timing of the recording of the plat shall be at the discretion of the Legislative Body.


Chapter 11-7 Development Sequence


Development Sequence General


  1. Improvements:

    1. No building permit shall be issued until the following improvements are installed, approved and accepted by the Town.

      1. Culinary water;

      2. Road base;

      3. Sanitary sewer.

    2. No building permit shall be issued until the following improvements are installed and approved, and as built drawings are submitted to and approved by the Town.

      1. Drainage improvements;

      2. Other buried utilities as applicable.


Enforcement and Responsibility


Any administrative official of the Town shall not issue any permit for the proposed erection, construction, reconstruction, alteration or use until proof of full compliance with all the irrigation provisions of this Ordinance has been provided. No Town officer shall issue any permit or license for the use of any building, structure or land when such land is part of a "subdivision", as defined in Chapter 11-4, until such subdivision has been approved and recorded in the Wayne County Recorder’s Office. Any license or permit issued in conflict with the provisions of this Ordinance shall be null and void.


Dedication of Streets and Public Improvements


The developer shall be deemed to have dedicated the public streets, easements and other public improvements to the Town at the time the final plat is approved by the Town. This dedication constitutes an offer by the developer which shall be irrevocable until the final plat is recorded or one year, whichever comes first. Notwithstanding the foregoing, the developer shall be responsible to construct and install the public improvements required by this Ordinance, and to maintain and guarantee these improvements for a period of two (2) years after completion and from acceptance by the Town. The developer shall also certify and guarantee that the improvements comply with the minimum requirements of this Ordinance at the time of acceptance.

As Built Drawings


The developer shall provide as built drawings, in both hard copy and electronic versions, of all completed and accepted subdivision improvements before building permits are issued. As built drawings shall be submitted for all improvements not constructed and accepted at the time building permits are issued, before those improvements are accepted. These as built drawings shall show, but not be limited to, the following:


  1. Location of water lines and laterals referenced to property corners.

  2. Location of sewer lines and laterals referenced to property corners.

  3. Storm drains, ground drains, drainage ditches, clean out boxes and other fixtures.

  4. Location of irrigation water lines and laterals referenced to property corners.

  5. Location of electric system facilities referenced to property corners.

  6. Other items as directed by the Town.


Chapter 11-8 Subdivision Standards


Relation to Adjoining Street System


The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas (or their proper protection where adjoining land is not subdivided), insofar as such may be deemed necessary by the Planning Commission for public requirements. The street arrangement shall not cause unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Half streets along the boundary of land proposed for subdivision or within any part of a subdivision will not be permitted.


Streets


The following requirements apply to new streets created by a subdivision. Improvements necessary to existing streets shall comply with the Town standard designs for the affected street:


  1. Streets: Streets shall have a minimum right of way width of sixty feet (66'), with a ninety nine foot (99') right of way width required for streets that will have greater use as determined by the Planning Commission. Upon application from the developer, the Legislative Body may consider modifications of these minimum requirements after receiving a recommendation from the Planning Commission and establishing a finding that doing so is in the best interest of the Town and will not adversely affect traffic flow within the subdivision.


  1. Cul-De-Sac Streets: The Town will allow cul-de-sac streets only if it can be demonstrated to the satisfaction of the Town that no reasonable alternative to the cul-de-sac exists. When approved, cul-de-sacs shall not be longer than six hundred feet (600') from the centerline of the adjoining street to the center of the cul-de-sac. Each cul-de-sac must be terminated by a turnaround of not less than one hundred feet (100') in diameter. If parking is allowed on the street side within the cul-de-sac, the diameter shall not be less than one hundred twenty feet (120'). If surface water drains into the turnaround due to the grade of the street, necessary catch basins and drainage systems and easements shall be provided.


  1. Turning Area: Where a street longer than one lot is designed to remain only temporarily as a dead end street, an adequate turning area shall be provided as follows:


  1. Where the street dead ends into a subsequent phase of the same subdivision, a temporary, graveled, one hundred foot (100') diameter turnaround and a permanent easement of right of way on the subsequent phase property shall be provided. However, if the subsequent subdivision phase is not recorded at the time of roadway paving in the preceding phase, a one hundred foot (100') diameter turnaround shall be placed at the subsequent phase property. If parking is allowed on the street side within the turnaround, the diameter shall not be less than one hundred twenty feet (120'). Such temporary turnaround shall not be considered a cul-de-sac for purposes of this Ordinance.

  2. Where the street dead ends against property which is not part of a subsequent subdivision phase, either a bubble inside the subdivision as shown in the standard drawing or an one hundred foot (100') diameter turnaround, along with a permanent easement of right of way from the adjacent property owner, shall be placed. If parking is allowed on the street side within the turnaround, the diameter shall not be less than one hundred twenty feet (120'). Such temporary turnaround shall not be considered a cul-de-sac for purposes of this Ordinance.


  1. The intersection of more than two (2) streets at one point shall not be allowed. Streets shall intersect at a ninety degree (90°) angle. Street intersections shall be rounded with a minimum radius of twenty five feet (25') measured.


  1. Standard Street Sections: All proposed streets shall conform to the Town street standards as adopted by the Town.


  1. Street Grades: Street grades shall not exceed the following percentages: on arterial streets, eight percent (8%); on local and collector streets, ten percent (10%). Street grades near intersections shall be designed for adequate stopping and starting by adjusting the grade on both sides of the intersection. Grades on all streets shall be a minimum of one-half of one percent (0.5%), unless specifically authorized by an engineer chosen by the Town. The cross slope of the street cross section is defined on the standard drawings.


  1. Bridges: Design and construction of new bridges, whether essential for the overall circulation plan of the Town or required only to serve a subdivision, shall be approved in advance by the Town.


Blocks


  1. Length: The maximum length of blocks shall be six hundred (600’'), and the minimum length of blocks shall be three hundred feet (300'). Block lengths over five hundred feet (500') require Planning Commission approval.


  1. Width: The width of blocks shall be sufficient to allow at least two (2) tiers of lots, or as otherwise approved by the Planning Commission because of design, terrain or other unusual conditions.


  1. Design For Industrial, Business Uses: Blocks intended for business or industrial use shall be designed specifically for such purposes, with adequate space set aside for off street parking and delivery facilities.


Lots


  1. The minimum lot width shall be one-quarter (1/4) acre. The minimum lot width or parcel resulting from a division of agricultural land, as referenced in 11-6 of this Ordinance, shall be 11 acres.


  1. The lot arrangement and design shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related to topography and to existing and probable future utilities, rights of way and other requirements.


  1. All lots shown on the subdivision plat must conform to the minimum area and width requirements of the land use ordinance for the zone in which the subdivision is located.


  1. Each lot shall be adjacent to a street.


  1. Buildings constructed on corner lots shall comply with the minimum setback for both streets, as provided in the land use ordinance.


  1. Side lines of lots shall be at approximately right angles to the street line, or radial to the street line.


  1. Remnants of lots less than the minimum size required by the land use ordinance after the subdividing of a larger tract shall be added to adjacent lots rather than allowed to remain as unusable parcels. In no event shall the subdivision of land create a lot which does not conform to the land use ordinance requirements.


  1. Where the land included in a subdivision includes two (2) or more parcels in separate ownership, and the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to either single or joint ownership before approval of the Final Plat, and such transfer certified to the Planning Commission by the Wayne County Recorder.


Easements


  1. Easements for culinary water, sewer, irrigation water, storm water drainage and other utilities shall be provided by the developer and designated on the plat as required to accommodate the utility systems in the subdivision. Where natural drainage channels, interceptor systems or flood hazard zones cross the subdivision, the developer must obtain the necessary permits to modify such drainage facilities, and designate the channels, systems or flood hazard zones, and any associated restrictions, on the plat.


  1. No utilities may be installed until after their specific location and construction sequence are approved by the Town in a preconstruction meeting.


Parks and Other Public Places


In reviewing and approving subdivisions, the Planning Commission shall give consideration to suitable sites for parks, playgrounds and other areas for similar public use.


Chapter 11-9 Acts to Be Done in Subdividing


Applicability


This Chapter applies to all property owners located in any subdivision. Its provisions shall apply to all transferees, assignees or purchasers. The owner of any property within Town boundaries, or adjacent to Town boundaries, proposing to subdivide the same for residential or business purposes, shall first conform to the provisions of this Chapter.


Improvements Made Prior To Recording Final Plat


The improvements required by this Ordinance shall be constructed, installed and maintained by the developer until accepted by the Town prior to recording the Final Plat in the Wayne County Recorder’s Office. Improvements shall not be installed or constructed until their location and specifications have been approved by the Town.


Improvements Required


The improvements shall include all street improvements in front of all lots and along all dedicated streets to a connection with existing improvements of the same kind or to the boundary of the development nearest existing improvements. Layout must provide for further extension to adjacent development and to be compatible with the contour of the ground for proper drainage. All water lines, sewer lines and any other buried conduit shall be installed to the boundary lines of the development. The owner of any land located in or platted as a subdivision shall install the following improvements in compliance with the specifications contained in the specifications and standard drawings:


  1. Sewage Collection: The developer shall connect to the sanitary sewer and provide adequate lateral lines to the property line of each lot. Such sewer connections and subdivision sewer systems shall comply with the regulations and specifications of, and shall be approved by, the Town. All sewer lines must be extended across the entire frontage of all existing streets and to the boundary of the subdivision on all existing or proposed city streets.


  1. Drainage: The developer shall provide adequate surface drainage for the area being subdivided, including primary on site drainage with an accompanying overflow plan.


  1. Culinary Water: The developer shall install water lines to make the water supply available to each lot within the subdivision, including laterals and meter sets according to the specifications of the Town. The location and size of water mains shall be approved by the Town engineer. Subdivision water lines shall be a minimum of eight inches (8") in diameter, and service laterals shall be a minimum of three-fourths inch (3/4") in diameter. All water lines must be extended across the entire frontage of all existing streets and to the boundary of the subdivision on all existing or proposed Town streets.


  1. Fire Hydrants: Fire hydrants shall be installed as required. Such fire hydrants shall be of the type, size and number as adopted by the Town and installed in such locations as approved by the Town. A fire hydrant shall also be placed at the end of every cul-de-sac in which the water line dead ends.


  1. Street Grading And Surfacing: All streets dedicated to the public use shall be graded and surfaced, in accordance with the standards and specifications of the Town.


  1. Monuments: Permanent survey monuments shall be accurately set and established at the intersections of centerlines of streets within the subdivision and intersections with centerlines of existing streets and the beginning and ends of curves on centerlines or points of intersections or tangents. All permanent survey monuments shall remain in place, or be reset at the developer's expense. Monuments shall be of a type specified in Town standards, and all subdivision plats shall be tied to a section corner or monument of record, as established by the Wayne County Surveyor.


  1. Street Signs: The developer shall pay the cost of traffic control, street identification and other street signs installed by the Town, in accordance with Town standards. The cost will be charged to the developer and shall be paid before the plat is recorded. The bond for improvements in the subdivision will not be released until after payment of the costs incurred to install the necessary street signs has been made.


  1. Staking Of Lots: Survey stakes shall be placed at both front and back lot corners to completely identify the lot boundaries on the ground. Back lot corners shall be marked with a metal pipe or rod driven into the ground, and front lot corners shall be identified with permanent plugs with a metal pipe or rod driven into the ground. All lot corner markers must be in place prior to the issuance of building permits and after the completion of all subdivision improvements. It shall be the responsibility of the lot owner to ensure that all lot corner markers are in place prior to the final inspection of the house. The Town is not responsible for replacing survey stakes or markers.


  1. Grading Of Lots: All lots will be left free from construction materials and debris and shall create no traffic hazards or other nuisances.


Subject to Approval of Town


  1. All of the foregoing requirements shall be performed and done at the expense of the owner or developer and shall be subject to the approval of the Legislative Body.


  1. The standards of construction of all utilities, streets, and other use of the streets are to conform to the standards adopted by the Town. Said requirements may be further detailed by resolution of the Legislative Body.


Chapter 11-10 Fees


Subdivision approval within the Town shall be subject to the following fees established by the Legislative Body:


  1. Preliminary Plat Application Fee: The Legislative Body shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the Town for the expense of checking and reviewing such Preliminary Subdivision Plats. An additional per lot fee will also be applied.


  1. Final Plat Application Fee: The Legislative Body shall by resolution from time to time prescribe the amount of such fee, which shall be for the purpose of reimbursing the Town for the expense of checking and reviewing such Final Subdivision Plats. The developer shall also pay to the Town an amount equal to the normal fee for recording a subdivision in Wayne County as established by the Wayne County Recorder. An additional per lot fee will also be applied.


Legal Remedies for Violation


Any person, firm or corporation, whether as principal, agent or employee, who violates or causes the violation of any of the provisions of this Ordinance, shall be guilty of a class C misdemeanor and, upon conviction thereof, shall be subject to penalty as defined in the Town code.


Saving Clause


If any provision(s) of this Ordinance shall be held or deemed to be invalid, inoperable, or unenforceable for any reason, such shall not have the effect of rendering any other provision(s) invalid, inoperable, or unenforceable to any extent. The remainder of the provisions herein shall be deemed to be separate, independent, and severable acts of the Town.









Effective Date


The provisions of this Ordinance shall become effective when passed and approved by the Town Council and after any required posting and/or publication has been accomplished according to law.


PASSED AND APPROVED by the Hanksville Town Council this _____ day of August, 2023.


HANKSVILLE TOWN



By: ___________________________

Jeffren Pei, Mayor


ATTEST:


_____________________________

Lisa Wells, Clerk


Roll Call Vote:


Eric Wells Yes No

Mona Wells Yes No

Morgan Stephens Yes No

Tanesha Condor Yes No


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