Parowan

Chapter 1 -- GENERAL PURPOSES, DEFINITIONS, SCOPE

Section 20-1-1. Purpose Section 20-1-2. Definitions Section 20-1-3. Prohibited Acts Section 20-1-4. Scope of Application

20-1-1. Purpose. The purpose of this Ordinance is:

A) To promote the health, safety and general welfare of the residents of this municipality.

B) To promote the efficient and orderly growth of this municipality.

C) To provide standards for the physical development of subdivisions of land, construction of buildings and improvements within this municipality, including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, design standards for public facilities and utilities, accesses to public rights-of-ways, dedication of land and streets, granting easements of rights-of-ways, and to establish fees and other charges for the authorizing of a subdivision.

20-1-2. Definitions. As used herein the following words shall mean:

A) Alley. A public thoroughfare more than twenty, but less than twenty six feet wide.

B) Block. The land surrounded by streets and other rights-of-ways other than an alley, or land which is designated or shown as a block on any recorded subdivision plat or official map or plat adopted by the City Council.

C) Council. The governing body of this municipality or the Parowan City Council.

D) Culinary Water. That quantity of culinary water which is necessary to service the intended development at the time the property is subdivided into any two or more lots. Said quantity shall be based upon the consumptive use by the development, depletable water, as determined by the appropriate State Water Agency.

E) Engineer. The person appointed by Parowan City to be the municipal engineer or designated by Parowan City to act in the advisory capacity of engineer.

F) Construction Standard. The standards and specifications adopted by this Ordinance or established by the Planning and Zoning Commission of Parowan City or the Council, are pursuant to this Ordinance.

G) Improved Lot. A lot which has all of the improvements required by this Ordinance or by the Parowan Planning Commission pursuant to this Ordinance.

H) Improvements. Including roads, streets, curbs, gutters, guarding, landscaping, water and sewer systems, public facilities and sewer and sewer materials required by this Ordinance or the Parowan City Planning Commission pursuant to this Ordinance.

I) Lot. A parcel or tract of land within a subdivision which is, or may be, occupied by a building or structure and the accessory buildings, structures or uses customarily incident thereto, including such open spaces as are arranged and designed to be used in connection with the building according to the zone within which the lot is located.

J) Major Street Plan. The Major Street Plan of this municipality.

K) Master Plan. The Master Plan of this municipality.

L) Official Map. The official map or maps adopted by this Ordinance. M) Parcel of Land. A contiguous area of land in the possession or ownership of one person.

N) Person. An individual, individuals, tenants in common, joint tenants, a corporation, partnership, firm, limited partnership or association of individuals however styled or designated.

O) Planning Commission. The Planning Commission of this municipality.

P) Street. A thoroughfare that has been dedicated or acquired and accepted by Parowan City through any legal right, and which thoroughfare is in conformance with the Street Engineering Standards adopted by Parowan City. Q) Subdivision. Subdivision means any land that is divided, resubdivided or proposed to be divided into two 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:

a. the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument; and

b. except as provided, divisions of land for all residential and non residential uses, including land used or to be used by commercial, agricultural, and industrial purposes. Subdivision does not include:

a. a bona fide division or partition of agricultural land for the purpose of joining one 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 zoning ordinance; or

b. a recorded agreement between owners of adjoining properties adjusting their mutual boundary if: (i) no new lot is created; and (ii) the adjustment does not result in a violation of applicable zoning ordinances; or

c. a recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property. The joining of a subdivided parcel of property or subject the unsubdivided parcel to the municipality's subdivision ordinance. R) Utilities. Includes culinary water lines, pressure and gravity irrigation lines, sanitary and storm sewer lines, electric power, gas and telephone transmission lines, underground conduits and junction boxes.

S) Zoning Ordinance. The Zoning Ordinance of Parowan City.

20-1-3. Prohibited Acts.

A) Subdividing Land. It shall be unlawful for any person to subdivide for the purpose of transferring, selling, conveying or assigning any tract or parcel of land which is located wholly or in part in the municipality, except in compliance with this Ordinance.

B) Subdivisions. It shall be unlawful for any person to sell or exchange any parcel of land which is a part of a subdivision of land or recorded in the office of the County Recorder as a subdivision unless the subdivision has been approved by the municipality and meets the provisions of this Ordinance.

C) Building Permits Prohibited. Unless waived by the Planning Commission or the Parowan City Council, it shall be unlawful for any person to receive a building permit in any subdivision until all improvements including road base and utilities are installed on a lot on which the building is to be constructed. There shall be no human occupancy of any building and it shall be unlawful to so occupy until the improvements in the subdivision have been accepted by this municipality and the building and lot fully comply with the subdivider to sell any portion of an approved subdivision until the prospective buyer or builder has been advised in writing and signed an acknowledgment that occupancy permits will not be issued until the improvements are completed and are accepted by the City. In the case of a division of land pursuant to testamentary disposition, no building permit shall be issued for such lot until any necessary improvements are installed and the building permit is approved by the Planning Commission.

D) Improved Lots. It shall be unlawful to build any residential unit or any commercial building on any lot, except on an improved lot.

20-1-4. Scope of Application. All lots, plots, or tracts of land located within a subdivision shall be subject to this Ordinance whether the tract is owned by the subdivider or a subsequent purchaser, transferrer or holder of the land.

Chapter 2 -- ENFORCEMENT AND PERMITS

Section 20-2-1. Building Inspector/Zoning Enforcement Administrator Section 20-2-2. Permits Section 20-2-3. Inspections

20-2-1. Building Inspector Zoning Enforcement Administrator. The Building Inspector or Zoning Enforcement Administrator of Parowan City is hereby designated and authorized as the Officer(s) charged with the enforcement of this ordinance. These Officer(s) shall enforce all provisions of this Ordinance. The administration of this ordinance shall be under the direction of the Planning and Zoning Board and the City Council as set for herein above.

20-2-2. Permits. The Building Inspector shall not grant a permit nor shall any officer grant any license or permit for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any State Law or rule or regulation of the State or Ordinance of this municipality until a subdivision plat has been approved pursuant to this Ordinance. Any license or permit issued in conflict with such provisions shall be null and void.

20-2-3. Inspections. The Building Inspector shall inspect or cause to be inspected all buildings, fire hydrants and water supply and sewage disposal systems in the course of construction, installation or repair and shall establish a schedule for same inspections. Excavations for fire hydrants and water and sewer mains and laterals shall have been approved by the Planning Commission and shall be inspected by the Building Inspector. If any such installations are covered before being inspected and approved, it shall be the duty of the subdivider to uncover the installation at the request of the Building Inspector and no further work may be done on the subdivision until the inspection has been completed.

Chapter 3 -- PLATS

Section 20-3-1. Preliminary Plats Section 20-3-2. Concept Plan Review Section 20-3-3. Submission of a Preliminary Plat Section 20-3-4. Planning Commission Approval Section 20-3-5. Form and Contents of the Preliminary Plat Section 20-3-6. Documents Required Section 20-3-7. Final Plat Section 20-3-8. Adjacent Lot Line Adjustment Section 20-3-9. Modification of Requirements

20-3-1. Preliminary Plats. Prior to subdividing any tract of land, a subdivider shall comply with the requirements of this Chapter.

20-3-2. Concept Plan Review. Prior to submitting a preliminary plat, a subdivider may submit an initial written "concept plan" to the Planning Commission including a sketch plan of the proposed subdivision in which the proposed subdivision is sufficiently described to enable the Planning Commission to determine whether the proposed subdivision complies with the municipality's zoning ordinances, capital growth and master plans, street plans and services. The Planning Commission shall advise the subdivider of possible problems with the proposed subdivision within thirty days after it receives the initial application, including sketch plans. Approval of the concept plan shall not constitute approval of the "preliminary plan". This Section is not mandatory, and a subdivider may submit a preliminary plat plan in lieu of the concept plan.

20-3-3. Submission of a Preliminary Plat.

1. At least twenty-one days prior to the date of the Planning Commission meeting at which the preliminary subdivision plat is to be reviewed, the subdivider shall submit a complete application and ten (10) copies of the proposed preliminary plat to the Planning Commission. The Planning Commission shall circulate for comment and review copies of the proposed preliminary plat to all affected departments and divisions of municipal government and to any districts which may be providing special services or shall order the subdivider to circulate the copies of the plan to such departments, divisions, and districts as set forth hereinabove.

2. In subdivisions of less than ten (10) lots, land may be exempt from plat requirements set forth in paragraph 1, and may be sold by metes and bounds, without the necessity of recording a plat if:

a. a recommendation has been received from the Planning Commission;

b. the subdivision has been approved by the legislative body;

c. the subdivision is not traversed by the mapped lines of a proposed street as shown in the general plan and does not require the dedication of any land for street or other public purposes; and

d. if the subdivision is located in a zoned area, each lot in the subdivision meets the frontage, width and area requirements of the Zoning Ordinance or has been granted a variance from those requirements by the board of adjustment; and

e. in order to be exempt from plat requirements, lots must front existing paved streets in the City and be accessible to all other required improvements. A developer may meet these conditions by paving the streets and providing all other required improvements.

20-3-4. Planning Commission Approval.

A) Conditions of Planning Commission Approval. The Planning Commission shall approve only those preliminary plats which it finds have been developed in accordance with the standards and criteria specified in this ordinance and all other Ordinances of this municipality including, but not limited to, the zoning ordinance, major street plan, the master plan, and the building codes.

B) Soil Control. The Planning Commission shall determine from the concept plan review or the preliminary plat the possible need for environmental impact analysis, which would take into account the soil, slope, vegetation, drainage and other geological characteristics of the site. If the site requires substantial cutting, clearing, grading or other earthmoving operations in construction of structures or roads in the proposed development, the Planning Commission shall require the applicant to provide soil erosion and sedimentation control plans and specifications prepared by a registered civil engineer.

C) Approval or Disapproval of Preliminary Plat. The Planning Commission shall, within forty-five days after the preliminary plat is filed with the Planning Commission, approve the preliminary subdivision plan if it finds that the subdivision complies with the requirements of this municipality's Ordinances or the guidelines for development of subdivisions within the municipality which may be promulgated by the Planning Commission or the City Council pursuant to this Ordinance. The Planning Commission and the City Council are hereby authorized to promulgate guidelines and enact minimum standards for design and construction of subdivisions and to provide those guidelines to developers as necessary. The Planning Commission may conditionally approve a preliminary subdivision plat imposing such conditions as it may require in order to bring the subdivision plat into compliance with the requirements of this municipality's Ordinances and the guidelines as described hereinabove. In the event the Planning Commission disapproves the preliminary plat, it shall do so within forty-five days after the date the subdivider made application for approval; and it shall state in writing to the subdivider each reason for disapproval. Failure to state disapproval of the preliminary plat within forty-five days as set forth above shall not constitute approval of the plat.

D) Authorization to Proceed. One copy of the approved preliminary plan, with written conditions attached and signed by the Chairman of the Planning Commission, shall be retained by the Planning Commission; and one copy thereof shall be given to the subdivider. Receipt of the signed copy by the subdivider shall be authorization for the subdivider to proceed with the preparation of plans and specifications for the improvements required in the final plat. Prior to the construction of any improvements required by this Ordinance, the subdivider shall provide the Planning Commission or the Engineer with all plans, information and data necessary to install and construct the improvements. The information shall be examined by the Planning Commission or the Engineer and shall be approved if it is determined that they are in accordance with the requirements of the municipality's Ordinances and the guidelines adopted in compliance herewith. Construction of buildings shall not be begun until after the final plat has been approved and filed with the County Recorder. Approval of the preliminary plat by the Planning Commission does not constitute acceptance of the subdivision by the Planning Commission.

E) Approval for One Year. Approval of the preliminary plan by the Planning Commission shall be valid for twelve months unless an extension is granted by the Planning Commission. If the final plat has not been recorded within the twelve month period, the preliminary plat shall again be submitted to the Planning Commission for reapproval; however, preliminary approval of a multi phase development shall not be voided if the final plat of the first phase or Section is submitted for final approval within one year.

F) Notification of Adjacent Property Owners. Unless waived by the Planning Commission, at least seven days prior to the Planning Commission meeting wherein the Planning Commission will be considering giving preliminary approval to the subdivision, the subdivider applicant shall mail to all property owners of property located within five hundred feet of the boundary of the proposed subdivision written notice of the time, date, and place where the Planning Commission will consider giving preliminary approval to the subdivision. The written notice shall also advise the property owner that he or she has the right to be present and to comment on the proposed subdivision. The subdivision applicant shall provide the Planning Commission with the names of all persons to whom the notice was mailed.

20-3-5. Form and Contents of the Preliminary Plat.

A) Scale of Plat. The preliminary plan shall be drawn to a scale not smaller than one hundred feet to the inch and shall be on standard twenty-four inch by thirty-six inch paper.

B) Content of Preliminary Plan. The preliminary plan shall show:

1. The proposed name of the subdivision.

2. Where the plan submitted covers only a part of the subdivider's tract or is part of a larger vacant area, the plan shall show the location of the subdivision as it forms part of the larger tract or parcel of land. In such case, a sketch of the prospective future street system of the part submitted shall be considered in the light of adjustments and connections with the future street system of the larger area.

3. Sufficient information to locate accurately the property shown on the plan.

4. The names and addresses of the subdivider, the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided as shown in the records of the County Recorder.

5. Contour maps at appropriate intervals where required by the Planning Commission.

6. The boundary lines of the tract to be subdivided.

7. Existing sanitary sewers, storm drains, water supply mains and culverts within the tract or within three hundred feet of the boundaries of the proposed subdivision.

8. The location, widths and other dimensions of proposed streets, alleys, easement, parks, and other open spaces and lots, with proper labeling of spaces to be dedicated to the municipality.

9. The location, principal dimension and names of all existing or recorded streets, alleys and easements, both within the proposed subdivision and within five hundred feet of the boundary thereof, whether recorded or claimed by usage, the location of and dimensions to the nearest existing bench-mark or monument, and section line, the location and principal dimensions for all water course, public utilities, and other important features and existing structures within the land adjacent to the tract to be subdivided including railroads, exceptional topography, airports and air approaches to the airport.

10. The location of existing bridges, culverts, surface or subsurface drainage ways, utilities, public buildings, pumping stations or appurtenances, within the subdivision or within five hundred feet thereof.

11. Proposed off-site and on-site water facilities, sanitary sewers, storm drainage facilities, and fire hydrants.

12. A tentative plan by which the subdivider proposes to handle a twenty-five year storm water drainage for the subdivision.

13. Each sheet of the preliminary plan shall contain the name of the project, scale (not less than one hundred feet to the inch), sheet number, and the north arrow.

14. Boundary lines of adjacent tracks of unsubdivided land, showing ownership and property monuments.

15. A Preliminary Title Report prepared by a Title Company within three months of the date of submittal of the preliminary plat.

C) Fees. The subdivider shall pay a non-refundable plan check fee for each lot within the subdivision in the amount to be established by resolution of the Parowan City Council. The fee shall be paid on or before the date the preliminary plat is submitted for approval by the Planning Commission.

D) Water Supply. The developer shall provide an evaluation of consumptive use of the culinary water supply necessary to service said proposed development. The developer shall also supply evidence that developer has sufficient available water, will have the ability to obtain sufficient depletable water to adequately address the needs and demands of the subdivision, or that developer may pay adequate funds to Parowan City to purchase sufficient depletable water to service the development. Said water or funds will be transferred to Parowan City at the time the Subdivision is approved and prior to recordation. Developer shall provide satisfactory evidence which is necessary to research the viability of the water and may be required to provide information from the appropriate state agency that said water is recognized as a viable culinary water right.

20-3-6. Documents Required. The subdivider shall provide to the Planning Commission, not later than the time the subdivision plat is submitted for preliminary approval, the following documents:

A) Zone Changes. Proposed changes to existing zoning district boundaries or zoning classifications, if any.

B) Agreements with Adjacent Owners. Copies of any required agreements with adjacent property owners to the proposed subdivision.

C) Soil Report. A preliminary soil report prepared by a registered civil engineer, based upon adequate test boring or excavations (if required by the Planning Commission).

20-3-7. Final Plat.

A) Final Plat Required. After compliance with the provisions of sections 20-3-1 through 20-3-6, a final plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not in the employ of this municipality in conformance with the design standards and submitted within one year from the date of preliminary plat approval, unless the time is, in writing, extended by the Planning Commission. Otherwise, preliminary approval shall be deemed to have been withdrawn.

B) Contents, Procedure and Form of Final Plat.

1. The final plat shall be a sheet of approved tracing linen having outside or trim line dimensions of twenty-six inches by thirty inches and the border of the plat shall be drawn in heavy lines leaving a space of at least one and one-half inches on the left side and at least one-half inch margin on the other sides. The plat shall be so drawn that the top of the drawing faces either north or west, whichever better accommodates the drawing. All lines, dimensions and markings shall be made on the tracing linen with approved waterproof black "India drawing ink". The plat shall be made to a scale large enough to clearly show all details, in any case not smaller than one hundred feet to the inch; and workmanship on the finished drawing shall be neat, clean cut and readable.

The plat shall be signed by all persons required to sign the final plat pursuant to this Ordinance and the final plat shall contain the following information:

a. The subdivision name and the general location of the subdivision in bold letters at the top of the sheet. b. A north point and scale of the drawing and the date.

c. Accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision properly tied to public survey monuments. These lines should be slightly heavier than street and lot lines.

d. The name, widths, lengths, bearings and curve data on center lines or proposed streets, alleys and easements; also the boundaries, bearings and dimensions of all portions within the subdivision intended to be dedicated to the use of the public, the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the subdivision. All lots and blocks are to be numbered consecutively under a definite system. All proposed streets shall be numbered in accordance with an in conformity with the adopted street naming and numbering system. Each lot shall show the street address assigned thereto. In the case of corner lots, an address will be assigned for each part of the lot having street frontage.

e. The description of the boundaries of the subdivision together with a certification by the subdivider's engineer stating that the lots described comply with the requirements of the municipality's Zoning Ordinance.

f. The registered professional engineer and/or land surveyor's "Certificate of Survey".

g. The owner's Certificate of Dedication.

h. A Notary Public's acknowledgment.

i. The Engineer's approval or the approval of the Planning Commission.

j. The City Attorney's approval.

k. The City Council's approval shown by the signature of the Mayor and attested by the Recorder.

l. A statement of restriction on occupancy providing that no human occupancy will be allowed within the subdivision until all improvements have been completed.

2. Seven copies of the final plat shall be submitted to the Planning Commission for final approval. The Planning Commission shall circulate for comment and review copies of the final plat of all affected municipal departments and special service districts. The Planning Commission may also order that the subdivider circulate the plans as set forth above. The Planning Commission shall approve or disapprove the plat within thirty days after the plat is submitted. If no action is taken within thirty days, the plat shall be deemed to have been approved by the Planning Commission, except that such approval shall not operate to waive any requirement of this or any other Ordinance of this municipality. At the time of submission of the final plat, the subdivider shall furnish a complete set of construction plans and profiles, prepare by a licensed professional engineer not employed by the municipality, of all existing and proposed streets and improvements within the subdivision.

3. If the Planning Commission disapproves the final plat, it shall so notify the subdivider in writing stating that the plat has been disapproved and the reasons therefore based on the Ordinances of this municipality or the laws of the State of Utah. The written notice shall be personally delivered or mailed to the subdivider within ten days after the action by the Planning Commission.

4. The Planning Commission may approve a final plat subject to written conditions, provided that the subdivider agrees in writing to the conditions. It shall be unlawful for any subdivider to disregard the conditions to which he has agreed upon approval of a final plat. The violation of each condition shall be considered a separate offense, and each day that the violation remains in effect shall be considered a separate offense.

5. Following approval by the Planning Commission, the subdivider shall secure the approval of the City Attorney. The final plat shall then be taken before the City Council which shall approve the plat if it finds that the plat fully complies with the Ordinances of the municipality and the laws of the State of Utah or that the plat, together with the conditions to which the subdivider has agreed, fully complies.

6. The final plat, bearing all official approvals as above required, shall be deposited in the office of the County Recorder for recording at the expense of the subdivider. No lot included in a subdivision shall be sold or exchanged and no offer shall be made to sell or exchange any such lot until the plat is so approved and recorded.

C) Requirements of Language. 1. The form of the owner's dedication shall be substantially as follows:

Owner's Dedication

Know all by these presents that we the undersigned owners of the described tract of land below, having caused the same to be subdivided into lots and streets to hereafter be known as , do hereby dedicate for perpetual use of the public all parcels of land shown on this plat as intended for public use, and so warrant, defend, and save the municipality harmless against any easements or other encumbrances on the dedicated streets which will interfere with the municipality's use, operation, and maintenance of the streets and do further dedicate the easements as shown.

In witness whereof, we have hereunto set our hands this day of , .

___________________________________ Owner(s) Acknowledgment

State of Utah ) : ss County of Iron )

On the _________ day of __________________, A.D._______, personally appeared before me the undersigned Notary Public, in and for the County of Iron, State of Utah, the signer of the above Owners's Dedication, ________________ in number, who duly acknowledged to me that _____________________ signed it freely and voluntarily and for the uses and purposes therein mentioned. __________________________________________ Notary Public Residing at:_________________________________ My Commission expires:____________________ Corporate Acknowledgment

State of Utah ) : ss County of Iron )

On this day of _______________________________ A.D., ______, personally appeared before me, the undersigned Notary Public, in and for the State of Utah and County of Iron, who after being duly sworn, acknowledged to me that _________________________________, a____________________ Corporation, that _______________ signed the Owner's Dedication freely and voluntarily for and in behalf of the Corporation for the purposes therein mentioned and that the Corporation executed the same. _________________________________________ Notary Public Residing at:________________________________ My Commission expires: _____________________

2. The form of the professional Surveyor's or Engineer's certificate shall be substantially as follows:

Surveyor's Certificate I, ____________________________________, a registered Professional Engineer and Land Surveyor, hold Certificate No.___________ as prescribed by the State of Utah, and do hereby certify that by authority of the owners, I have made a survey of the tract of land shown on this plan which is accurately described herewith, and have subdivided the tract of land into lots and streets to be hereafter known as ____________________________________________, and that the same has been surveyed and staked on the ground as shown on this plat.

Signed on this _____________ day of ___________________________, ______________.

__________________________________________ Registered Land Surveyor

3. The form of the occupancy restriction shall be substantially as follows:

Occupancy Restriction

Parowan City has an Ordinance which restricts the occupancy of buildings within this subdivision. Accordingly, it is unlawful to occupy a building located within this subdivision without first having obtained a Certificate of Occupancy issued by the Building Inspector, which Certificate will be issued after all improvements are completed.

D) Guidelines for Approval by Municipality.

1. The Planning Commission. The Planning Commission shall approve the subdivision if it finds that the subdivision complies with the physical development standards of this Ordinance, Zoning Ordinance, the laws of the State of Utah and the rules and regulations promulgated pursuant thereto and that the subdivision will have adequate fire protection; that there is sufficient supply of culinary water to the proposed subdivision and that the addition of the subdivision will not decrease the pressure in the culinary water system at any point within the municipality to less than thirty pounds per square inch; that the subdivision will not cause the sewer district to exceed its capacity to treat sewage; that the traffic created thereby will not unduly congest traffic; and that it will not create unreasonable potential for flooding.

2. Attorney. The Attorney shall approve the final plat if he finds that: a) There is a current title opinion from a licensed title company showing that the person dedicating the property described on the final plat is the title owner as shown on the records of the County Recorder in the county in which the subdivision is located.

b) The bond, escrow, letter of credit, trust deed or deposit with the municipality is in appropriate form and signed by the necessary parties to the bond, escrow, letter of credit or trust deed.

c) That the subdivider has executed the subdivision agreement required by this Ordinance.

d) That the subdivision does not, in his or her opinion, violate any Ordinance of this municipality or the laws of the State of Utah or the rules and regulations promulgated pursuant thereto and that all fees and assessments have been fully paid.

3. The City Council shall approve the final plat if it finds that all other persons required to approve the plat have given their approval and that the final plat meets all of the requirements of the municipality's Ordinances and that it does not violate any State laws or rules and regulations promulgated pursuant thereto and that all fees and assessments have been fully paid.

E) Fees Prior to Final Approval.

1. Prior to the final approval of a subdivision, the City Council may, by Ordinance or Resolution, impose certain fees called capital improvement fees. These fees may include a connection to the municipal water system, connection to the municipal sewer system, fire equipment, capital improvement account, purchase of solid waste capital improvements, public safety capital improvement account, storm drain account, a street improvement, snow removal, and lighting capital account, and such other accounts as may be necessary to provide for future capital improvements for the subdivision.

2. Prior to final approval of a subdivision, the City Council shall require the Developer to pay an engineering inspection fee in the amount of 1% of the total guarantee of the improvements as required and set forth in Parowan City Code 20-5, et seq.

3. The fees collected pursuant to this Section, other than engineering inspection fees, shall be deposited in a capital improvements fund and used exclusively to purchase or make capital improvements fo the use and benefit of the persons residing in the subdivision.

4. The municipality may accumulate, in separate accounts, revenues for the purpose of acquiring or constructing the capital improvements until such time as there are sufficient revenues to purchase or construct the capital improvements.

F) Dedication of Culinary Water. As a part of the development, and prior to final approval of any subdivision plat, Developer shall provide sufficient depletable water to adequately service the various residences, businesses or buildings to be constructed in the requested Subdivision. The amount of culinary water necessary to service the specified development shall be determined by applicable resources currently utilized by Division of Water Rights a.k.a., Office of the State Engineer, based upon the zoned purpose(s). If the purpose of a commercial development is unknown, the City Council may require additional sufficient depletable water to service a specific purpose at the time a building permit is requested. The minimum amount of depletable water shall be established by resolution of Parowan City.

G) Costs of Conveyance. Developer shall, at developers expense, and based upon the City's instructions, be responsible for changing the point of diversion, nature of use, and place of use for any water rights conveyed to the City. The developer shall also complete at developers expense, all documentation necessary to complete the ownership of the water right to the City. 20-3-8. Adjacent lot Line Adjustment.

1. The owner of record of adjacent parcels that are described by either a metes and bounds description or a recorded plat may combine title to those parcels if the exchange of title is approved by the Planning Commission, in accordance with item 2 below.

2. The Planning Commission shall approve an exchange of title under this ordinance if:

a) no new dwelling lot or housing unit will result from the exchange of title; and

b) the exchange of title will not result in a violation of applicable zoning requirements.

3. If an exchange of title is approved, a notice of approval shall be recorded by the Planning Commission, in the office of the County Recorder which:

a) is executed by each owner included in the exchange and by the Planning Commission.

b) contains an acknowledgment for each party executing the notice in accordance with the provisions of Title 57, Chapter 2a, Utah Code Annotated Recognition of Acknowledgments Act; and

c) recites the descriptions of both the original parcels and the parcels created by the exchange of title, if applicable.

4. The owner of record of two adjacent parcels that are described by either a metes and bounds description or a recorded plat may combine the lot lines from those parcels if the removal of title is approved by the Planning Commission, in accordance with items 2 and 3 above.

20-3-9. Modification of Requirements. Where because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, previously developed areas in which necessary subdivision improvements cannot be properly installed at the present time or the existence of other unusual physical conditions, strict compliance with the provisions of this ordinance would cause an unusual and unnecessary hardship on the Subdivider or the City, the Planning Commission and the governing body may waive, modify or adjust the requirements of this ordinance or installation of certain improvements. In granting the change, the Planning Commission may impose such additional conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived, adjusted, or modified. Any change authorized shall be entered in the minutes of the Planning Commission and the City Council, together with the circumstances that justified the changes granted. The decision of the Council shall prevail when in conflict with the decision of the Planning Commission. Parowan City reserves the right to record with the Iron County Recorder's Office any waivers, adjustments or modifications it deems appropriate with regard to any variances to this Ordinance.

The City reserves the right to file a recording of any conditions imposed by the City Council on the affected property.

Chapter 4 -- ACCEPTANCE OF DEDICATED STREETS AND PUBLIC IMPROVEMENTS

Section 20-4-1. Dedication Section 20-4-2. Time of Acceptance

20-4-1. Dedication. The subdivider shall dedicate the streets, easements and other public improvements to the municipality at the time the final plat is approved by the municipality. The dedication shall be deemed an offer by the subdivider which shall be irrevocable until one year after all of the improvements are completed. The municipality shall accept the offer of dedication only if it finds that the subdivider has constructed, installed, and maintained the public improvements required by this Ordinance and that the improvements comply with the minimum requirements of this Ordinance at the time of acceptance.

20-4-2. Time of Acceptance. Unless the Council extends the time for acceptance of the dedicated public improvements, the dedication shall be accepted on action by the City Council, or at the expiration of one year following the completion of the public improvements. In the event the City Council does not accept the dedicated public improvements, the subdivider shall be so advised in writing.

Chapter 5 -- SUBDIVISION IMPROVEMENTS REQUIRED

Section 20-5-1. Application of Required Improvements Section 20-5-2. Improvements Made Prior to Recording Final Plat Section 20-5-3. Order of Making Improvements Section 20-5-4. Guarantee of Improvements Section 20-5-5. Release Section 20-5-6. Orderly Development Required

20-5-1. Application of Required Improvements. The improvements required by this Ordinance apply to all subdividers and to all persons that purchase, lease, rent or receive any interest in any land which is located within a subdivision.

20-5-2. Improvements Made Prior to Recording Final Plat. The improvements required by this Ordinance shall be constructed, installed and maintained by the subdivider until accepted by the municipality and the final plat is recorded in the office of the County Recorder, unless the construction, installation, and maintenance of the improvements is guaranteed in the manner provided hereafter. Improvements shall not be installed or constructed until their location and specifications have been approved by the Engineer. Unless a guarantee of improvements as set forth hereinafter is provided by the subdivider, the municipality shall not accept the improvements or allow the final plat to be recorded in the office of the County Recorder until the improvements are actually installed.

20-5-3. Order of Making Improvements. Unless waived in writing by the Planning Commission, the underground utilities, water and sewer laterals and fire hydrants shall be installed prior to surfacing the streets and installing road base, curbs, gutters and sidewalks.

20-5-4. Guarantee of Improvements. In lieu of the actual completion and acceptance by the City Council of the improvements required by this ordinance and before approval of the final plat by the City Council, the subdivider shall guarantee the installation and construction of the required improvements within one year from the date of approval of the final plat and shall guarantee that the improvements shall be maintained in a state of good repair, free from defective material or workmanship for a period of one year from the date of completion by one or more of the following methods: A) Bond. The subdivider shall furnish and file with the City Recorder a bond with a corporate surety in an amount equal to the cost of the improvements not previously installed as estimated by the Planning Commission to assure the installation and construction of such improvements within one year immediately following the approval of the subdivision plat by the City Council, which bond shall be approved by the City Council and City Attorney and which bond shall guarantee that the improvements shall be maintained in a state of good repair, free from materials or workmanship defects for a period of one year from the date of completion. After one year following the completion of the improvements for which a surety or cash bond has been filed, the subdivider shall call for inspection by the Building Inspector, such inspection to be made within five days from the date of request. If inspection shows that the standards and specifications have been met in completion of such improvements, the bonds therefore shall be released within fourteen days from the time of inspection. B) Escrow. The subdivider shall deposit with any insurance company, bank or savings and loan institution in an escrow account an amount of money equal to at least one hundred twenty-five percent of the costs of the improvements required by this Ordinance, which improvements have not previously been accepted by the municipality. The costs of the improvements not accepted or not installed or constructed shall be determined by the Planning Commission. The escrow agreement shall be subject to approval by the City Attorney and shall be signed by the subdivider, the municipality and the escrow holder, and shall contain substantially the following language:

AGREEMENT

The undersigned hereby promises and warrants that it has on deposit in an escrow account for the benefit of Parowan City the sum of $ ______________________ which represents at least 125% of the estimated costs of the improvements not accepted by the municipality and not constructed or installed by the developer of the subdivision.

The undersigned hereby agrees that the foregoing sum of money shall be used exclusively for the purpose of paying for the costs of materials, and construction and installation of the improvements required by the municipality's subdivision Ordinances. The undersigned further agrees that the money held in an escrow account shall be paid out to the contractors installing and constructing the required improvements only upon an order executed by the subdivider and by an authorized officer of the municipality.

The subdivider shall not withdraw from the escrow account any amount in excess of 100% of the estimated cost of the improvements but shall pay from other sources any costs for such improvements which exceed 100% of the costs estimated by the Engineer.

A sum equal to 25% of the estimated costs of improvements shall remain with the escrow holder for a period of one year after all improvements are made and completed.

If, after one year, all or any part of the required improvements are not installed, constructed, and maintained according to the standards required in the municipality's Subdivision Ordinance, the municipality shall notify in writing the subdivider and the escrow holder of the defects and shall make demand on the subdivider that the defects be corrected. If the defects are not corrected within thirty days, the municipality may correct the defects and charge to the escrow holder the costs of correcting the defects.

The escrow holder shall, on receiving reasonable proof from the municipality of the defect and that the municipality has incurred the cost of correcting the defect, pay to the municipality from the escrow account the cost of correcting the defect and the escrow holder shall be held harmless by the parties by reason of the payment of the municipality.

If, after one year after the council has accepted the improvements required by its Subdivision Ordinance, the required improvements remain substantially free from latent defects, the municipality shall certify such fact to the escrow holder and the escrow holder shall release to the subdivider and money still held in the escrow account and the escrow holder shall be discharged of its obligations to the municipality.

_______________________________________________ (Authorized Signature)

The escrow agreement may contain such additional provisions as the parties deem necessary. C) Irrevocable Letter of Credit. The subdivider shall file with the municipality an irrevocable letter of credit from a duly chartered state or national bank or savings and loan institute which letter shall contain provisions substantially similar to that required in the escrow agreement. The form of the irrevocable letter of credit shall be substantially as follows:

Name of Bank Address Irrevocable Letter of Credit

To: Name of Municipality Date: ________________________________ Municipal Council Letter of Credit No.: ____________________

Gentlemen:

We hereby establish our irrevocable letter of credit in your favor for the account of______________________ (Subdivider's Name & Address) up to the aggregate amount of $ ____________________(amount available by your draft(s) drawn at sight on_______________________________ (name of bank & bank address) accompanied by _____________________________________(here insert terms which give municipality control over payments). The terms would ordinarily read:

"A statement signed by an officer of _______________________ (name of municipality) dated not later than _____________________ (insert estimated completion date plus a couple of months leeway) as follows: "we certify that on-site improvements related to the _________________________________ (insert name of subdivision) have not been completed in accordance with municipal Ordinances and that this drawing represents the amount necessary to complete those on-site improvements."

"We hereby agree with the drawers, endorsers and bona fide holders that all drafts under and in compliance with the terms of this credit will be duly honored upon presentation and delivery of documents as specified to the drawee or drawn and presented for negotiation on or before ____________________ (insert completion date above set forth) at our bank.

Very truly yours,

______________________________ Authorized Bank Officer

D) Trust Deeds. The subdivider shall provide the municipality with trust deeds to lots within the subdivision estimated by the Engineer or Planning Commission to have an unencumbered fair market value at least equal to one hundred twenty-five percent (125%) of the estimated costs of the improvements required by this ordinance. The trust deeds shall be in favor of the municipality and shall be in a form acceptable for filing in the office of the County Recorder. The municipality shall release all of the trust deeds held by it whenever it finds that the subdivider has installed and constructed the improvements required by this Ordinance and that the improvements have remained free from latent defects for one year after acceptance by the City Council.

In the event the subdivider fails to complete the required improvements within a period of two years after final acceptance, the municipality may cause the lots to which it holds trust deeds to be sold and to apply the proceeds to make the required improvements. The municipality shall not sell any lots to which it holds trust deeds without first making written demand on the subdivider in which the subdivider shall be advised of the reasons he or she has failed install, construct, or maintain the required improvements. The written demand shall state that the subdivider has fifteen days to make the necessary installation, construction or repair, which time may be extended by the municipality at its sole discretion, and that the municipality will make the necessary installation, construction or repair if the subdivider does not do so within the time permitted and that the municipality will sell the lots to which it holds trust deems to cover the costs to the municipality.

The municipality shall pay to the subdivider any proceeds it receives from the sale of lots which exceeds the costs to the municipality of installing, constructing or repairing the required improvements.

E) Deposit with Municipality. The subdivider shall deposit with the municipality a sum equal to one hundred twenty-five percent of the costs of the required improvements not installed, constructed or accepted by the municipality. The subdivider shall have the right to draw against the account with the municipality all sums to one hundred percent of the estimated amount which shall be paid to the order of persons installing, constructing or maintaining the improvements. The municipality shall hold the additional twenty-five percent to guarantee that the improvements are installed, constructed and maintained until accepted by the municipality. The municipality may, after making written deemed on the subdivider in the manner required by the preceding section, install, construct, or repair the improvements and pay such costs from the subdivider's account after the City Council accepts the improvements.

F) Covenant. As an alternative to the foregoing or in conjunction therewith the subdivider may be required to execute and acknowledge in a form capable of recording in the office of the County Recorder, a written agreement with the municipality by which the subdivider covenants that he will not sell, lease or convey any of the subdivided property to anyone whomsoever unless he shall first, as a condition precedent thereto, satisfy the foregoing requirements of the sections set forth hereinabove. The agreement shall specifically provide that it shall be deemed to be a covenant running with the land to secure the installation of all the improvements required by this Ordinance together with a payment of all costs, including a reasonable attorney's fee, which the municipality may incur in enforcing any of the terms and provisions of the agreement. The lien may be released by the municipality when the subdivider complies with the requirements set forth in the foregoing requirements.

20-5-5. Release. The City Council is authorized from time to time, at the request of the subdivider or his successors in interest, to release of record from the burden of the covenant and lien aforesaid all lots and parcels of land or portions thereof for which the covenant and agreement has been fully performed by any of the methods of guarantee above set forth.

20-5-6. Orderly Development Required. Whenever the subdivider shall develop a subdivision, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all of the improvements will be made available for the full, effective and practical use and enjoyment by the purchasers, grantees, assignees, transferrers or lessees or any of the lands subdivided within the time specified hereinabove.

Chapter 6 -- DESIGN STANDARDS

Section 20-6-1. Street Design Section 20-6-2. Angle of Minor Streets Section 20-6-3. Streets to Conform to Major Street Plan Section 20-6-4. Minimum Width Section 20-6-5. Alleys Section 20-6-6. Cul-de-Sacs Section 20-6-7. Natural Drainage and Other Easements Section 20-6-8. Service Roads Section 20-6-9. Protections Strips Prohibited Section 20-6-10. Lots

20-6-1. Street Design. Subdividers shall locate streets within the subdivision so that the streets will connect with existing streets. Streets shall be located and designed so that the adjoining land shall not be diminished in value. If the adjoining land is zoned for residential use, streets shall be located so that the adjacent land may be most efficiently subdivided. Half streets on the boundary of a subdivision are prohibited. Half streets are described as a portion of a street within a subdivision or on its boundary comprising one-half the minimum required right-of-way on which the improvements are constructed and in accordance with one-half of an approved typical street cross-section.

20-6-2. Angle of Minor Street. Minor streets shall approach the major or collector streets at an angle of at least eighty degrees.

20-6-3. Streets to Conform to Major Street Plan. Major and collector streets shall conform to the width designated of the major street plan wherever a subdivision is in an area for which a major street plan has been adopted. For territory where such street plan has not been completed at the time the subdivision preliminary plan is submitted to the Planning Commission, major or collector streets shall be provided as required by the Planning Commission, with minimum widths of one hundred feet for major street and sixty-six to eighty feet for collector streets.

20-6-4. Minimum Width. Street widths will be determined by the most recently adopted engineering standards.

20-6-5. Alleys. Alleys shall have a minimum width of twenty feet. Alleys may be required in the rear of business lots, but will not be accepted in residential blocks except under unusual conditions where such alleys are considered necessary by the Planning Commission.

20-6-6. Cul-de-Sacs. Cul-de-sacs must be terminated in a turn-around not less than one hundred ten feet in diameter. If surface water drainage is into the turn-around due to the grade of the streets, necessary catch basins and drainage easements shall be provided. Where a street is designed to remain only temporarily as a dead-end street, an adequate temporary turning area shall be provided at the dead-end thereof to remain and be available for public use so long as the dead-end exists.

20-6-7. Natural Drainage and Other Easements. The Planning Commission shall, unless waived for good and sufficient cause, require that easements for drainage through a subdivision and adjoining property be provided by the subdivider; and easements of not less than fifteen feet in width for water, sewers, drainage, power lines and other utilities shall be provided in the subdivision.

20-6-8. Service Roads. Service roads paralleling major streets shall be required unless the Planning Commission approves double frontage lots which may back onto major highways or collector streets as designated on the major street plan. Where lots back onto a major highway or collector street, a buffer strip of trees or shrubs shall be provided at a width of ten feet or wider, but in no case less than ten feet if thought to be necessary by the Planning Commission.

20-6-9. Protection Strips Prohibited. Protection strips are prohibited. Plats shall not be approved where a proposed subdivision plat or any proposed or actual street to a subdivision cuts off access to the proposed or actual streets by adjacent property owners unless approved in advance by the Planning Commission.

20-6-10. Lots.

A) All lots shown on the subdivision plan shall conform to the minimum requirements of the Zoning Ordinance for the zone in which the subdivision is located, and to the minimum requirements of the Planning Commission, and the Board of Health for sewage disposal. The minimum width for any residential building lot shall be as required by the Zoning Ordinance.

B) All lots shall abut a dedicated street, a public street, or a street which has become public by the right of use. Streets shall be at least sixty feet wide. In the event a lot abuts a public right-of-way created by use, the subdivider shall improve the right-of-way to the standards required by this Ordinance.

C) Corner lots shall have extra width sufficient for maintenance of required building lines on both streets.

D) Side lines of lots shall be at right angles or radial to the street line.

E) All remnants of lots less than minimum size left over after subdividing a larger tract shall be added to adjacent lots rather than allowed to remain lot remnants.

F) Where the land in a subdivision includes two 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 held in either single or joint ownership before approval of the final plan and such ownership shall be recorded in the office of the County Recorder.

Chapter 7 -- SUBDIVISION IMPROVEMENTS

Section 20-7-1. Time of Construction Section 20-7-2. Streets on Property of Other Public Agencies or Utility Companies Section 20-7-3. Street Improvements Section 20-7-4. Curbs, Gutters, and Sidewalks Section 20-7-5. Water Supply Section 20-7-6. Fire Hydrants Section 20-7-7. Sewage Disposal Section 20-7-8. Surface Water Section 20-7-9. Ditches and Canals Section 20-7-10. Landscaping Section 20-7-11. Monuments Section 20-7-12. Street Signs Section 20-7-13. Obstructions in Street Section 20-7-14. Street Lighting Section 20-7-15. Subdivision Within Subdivision Not Allowed Section 20-7-16. Shade Tree

20-7-1. Time of Construction. The improvements required by this Ordinance shall be installed prior to recording the final plat, except as provided in Chapter 5 herein. Improvements shall not be installed until their location and specifications are approved by the Planning Commission and the Building Inspector. Water and sewer mains and laterals and fire hydrants shall be installed prior to the surfacing of streets and the installation of road base, curbs, gutters, and sidewalks.

20-7-2. Streets on Property of Other Public Agencies or Utility Companies. Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement and maintenance of such streets shall be obtained from the public agency or utility company by the subdivider prior to approval of the preliminary plat.

20-7-3. Street Improvements. All streets shall be constructed by the subdivider in accordance with the standards, rules and regulations adopted by the City Council and Planning Commission pursuant to this Ordinance.

20-7-4. Curbs, Gutters, and Sidewalks. Curbs, gutters, and sidewalks shall be installed on existing and proposed streets by the subdivider in all subdivisions except where the installation of such curbs, gutters, and sidewalks is not required by the Planning Commission or the City Council and the installation thereof is waived in writing at the time of approval of the final plat.

20-7-5. Water Supply. A culinary water supply which must be approved by the State Board of Health and by the Planning Commission shall be available to each lot in the subdivision and shall be provided in conformance with the standards and rules and regulations of the municipality. Where an approved public water supply is available, the subdivider shall install water mains and service lines or laterals from such mains to each lot within the subdivision prior to the installation of road base, surfacing, curbs and gutters and sidewalks.

20-7-6. Fire Hydrants. Fire hydrants shall be installed by the subdivider at locations determined by the fire department and the Building Inspector and approved by the Planning Commission.

20-7-7. Sewage Disposal. Sewage disposal system shall be provided and must meet municipal and state codes and regulations for each lot in the subdivision. Said sewer systems shall be installed before the installation of road base, surfacing, curbs, gutters and sidewalks, unless waived by the Planning Commission or the City Council.

20-7-8. Surface Water. If the subdivision is within an area where there is a storm water run-off, the subdivider shall construct and install a storm water drainage system within the subdivision which shall be constructed of materials and according to the specifications of the water storm drain plan or according to generally accepted engineering standards based on a twenty-five year storm.

20-7-9. Ditches and Canals. Open ditches or canals are prohibited within or adjoining a subdivision except along rear or side lot lines. Where there is an open ditch or canal, the subdivider shall install a six foot chain link fence, or the equivalent thereof along the ditch or canal adjacent to the subdivision.

20-7-10. Landscaping. The Planning Commission may require subdividers to provide ground cover where it determines that soil erosion may be a problem, that surface water may flood portions of the municipality or damage municipal property, to prevent the growth of noxious weeds which may become a nuisance or fire hazards or endanger the public health and may specify the types of ground cover.

20-7-11. Monuments. Permanent monuments shall be accurately set and established at such points as are necessary to definitely establish all lines of the plat except those outlining individual lots. Monuments shall be of a type approved by the Planning Commission. All subdivision plats shall be tied to a corner or monument of record or established land office survey corner.

20-7-12. Street Sign. Unless the municipality provides the signs, the subdivider shall be responsible for furnishing and installing any necessary street signs. The names of streets and the design of the street sign shall be approved, in advance, by the Planning Commission.

20-7-13. Obstruction in Street. In the event that any road or street in any subdivision shall terminate at or within fifty feet of any ditch, canal, creek, waterway, or other obstruction which, in the opinion of the Planning Commission or the Building Inspector, required a bridge or other structure in order to continue the road over or across the canal, ditch, creek, waterway or other obstruction, the subdivider shall deposit with the Recorder a sum of money equal to one-half of the estimated cost for construction of a proper and suitable bridge over the same. The subdivider shall, on request, furnish the Planning Commission a cost breakdown for any such structure.

When, in the opinion of the City Council, it becomes desirable to construct such structure, it shall be constructed by the municipality applying the deposit toward the construction costs and charging the other one-half of such cost to the person developing the opposite side of such obstruction, or if there is no person so developing the other side, the half shall be born as a municipal expense.

20-7-14. Street Lighting. At least one street light should be provided at each intersection included in the subdivision or every 500 feet, whichever is less, waived by the City Council because of other lighting or other mitigating circumstances associated with the property. Each light shall be sodium vapor with a minimum of 5,000 lumen.

20-7-15. Subdivision Within a Subdivision Not Allowed. Unless authorized by the governing body, no developer, individual, engineer or other interested party shall be allowed to create a subdivision within a duly recorded subdivision, including lot splitting. Said changes in duly, legally recorded subdivisions are required to be submitted by the appropriate owner, developer, engineer, etc., identifying any amendments and requires approval by the governing body. Said developer, individual, engineer or other interested party shall bear all costs of upgrade and installation of service pursuant to Subdivision Ordinance. In addition, said plat is required to be re-recorded to reflect new subdivision.

20-7-16. Shade Tree. Prior to the issuance of an occupancy permit for occupancy of a new construction home, the occupancy permit applicant shall plant a shade tree within applicants property boundaries. The shade tree shall be of the type and variety approved by the shade tree committee and shall have a minimum 1" diameter base. Said shade tree shall be planted on the lot or property on which the residence is located and may be located at the discretion of the lot owner.

Chapter 8 -- GENERAL IMPROVEMENT REQUIREMENTS

Section 20-8-1. Enabling Clause

20-8-1. Enabling Clause. It shall be the responsibility of the Planning Commission, with the approval of the City Council, to prepare, formulate, and reduce to writing general requirements for improvements and construction design to be required within subdivisions in this municipality. These requirements and design standards shall be distributed to subdividers wishing to develop property within this municipality and shall have the force and effect of law. It shall be the responsibility of the Planning Commission to administer the application of these requirements and standards, and it shall be the responsibility of the Building Inspector to enforce these standards. These standards shall cover such subjects as standards for construction drawings, content of construction drawings, provisions for inspections, guaranteeing of work, standards for the use of soil within the subdivision, standards for asphalt paving and cement use, standards for telephone service, standards for installation of pipelines, standards for pipe fittings and the use thereof, standards for the installation of man holes and other provisions for the maintenance, cleaning, and testing of water and sewer lines, standards for the installation of electrical facilities, and other such standards and requirements as to the Planning Commission may seem necessary.

Chapter 9 -- HILLSIDE DEVELOPMENT STANDARDS

Section 20-9-1. General Section 20-9-2. Development Standards

20-9-1. General. To insure that proposed hillside subdivision and land divisions shall reflect the best interests of Parowan City, all subdivisions and land divisions within hillside areas shall conform to the development standards, guidelines, and criteria of this chapter and the other provisions of this Ordinance, which are intended to minimize flood, erosion, and other environmental hazards, protect the natural scenic character of foothill areas not suitable for development, and ensure efficient expenditure of public funds. The policies to be achieved by this Chapter shall include but not be limited to the following:

A) Encourage only minimal grading which relates to the natural contour of the land and which will round off, in a natural matter, sharp angles at the top and ends of cut and fill slopes and which does not result in a "staircase" or "padding" effect.

B) Require retention of trees and other vegetation which stabilize steep hillsides, retain moisture, prevent erosion, enhance the natural scenic view and, where necessary, require additional landscaping to enhance the scenic and safety qualities of the hillside.

C) Require immediate planting wherever appropriate to maintain necessary cut and fill slopes, to stabilize them with plant roots, to conceal the raw soil view and to minimize erosion.

D) Preserve natural drainage channels.

E) Encourage retention of natural landmarks and prominent natural features, wildlife habitat and open space.

F) Preserve and enhance the visual and environmental quality through the use of natural vegetation and prohibition of excessive excavation and terracing.

G) Protect the public from natural hazards of storm water run-off and erosion by requiring drainage facilities. H) Minimize the threat of fire damage by establishing fire protection measures.

I) Establishing land use management that will encourage protection of natural elements while allowing a harmonious and satisfying residential environment.

J) Encourage a regard for the view of the foothills as well as a view from the foothills.

20-9-2. Development Standards.

A) Grading.

1. No grading, filling, or excavation of any kind shall take place without first obtaining approval from the City Planning Commission, who shall not issue such approval until the final grading plan, endorsed by a registered civil engineer, shall be submitted by the developer as part of the preliminary plat and has been approved by the Commission.

2. Land with twenty-five percent or greater slope shall not be graded and must remain in its natural state, except that natural vegetation may be supplemented by other plant material.

3. The following table indicates those minimum percentages of ground surface of a site which shall remain in an ungraded natural state, based on the average slope of a parcel:

Average Percent Slope Minimum Percent of Site to

0.0 - 14.9 percent 32.5 percent

15.0 - 17.4 percent 40.0 percent

17.0 - 19.9 percent 47.5 percent

20.0 - 22.4 percent 55.0 percent

22-0 - 24.9 percent 62.5 percent

25.0 - 27.4 percent 70.0 percent

27.5 - 29.9 percent 77.5 percent

30.0 - 32.4 percent 85.0 percent

32.5 - 34.9 percent 92.5 percent

35.0 percent and above 100.0 percent

4. Every lot or parcel shall have one build able area equal to at least forty percent of the minimum lot size required by the zone in which the lot is located.

5. Fill areas shall be prepared by removing organic material, such as vegetation, rubbish and other material which is determined by the Building Inspector or the Planning Commission to be detrimental to proper compaction or otherwise not conductive to stability. No rock or similar irreducible material with a maximum diameter greater than twelve inches shall be used as a fill material in fills that are intended to provide structural support.

6. All rough street and site grading shall be completed prior to the installation or utilities. 7. All fills shall be compacted to a density to be established by the Planning Commission and/or the Building Inspector.

8. Cut slopes shall be no steeper than one and one-half horizontal to one vertical. Subsurface drainage shall be provided as necessary for stability.

9. Fill slopes shall be no steeper than two horizontal to one vertical.

10. Tops and toes of cut and fill slopes shall be set back from property boundaries at a distance of three feet.

11. Borrowing for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material or imported from outside the hillside area of Parowan City.

12. Cut slopes shall be constructed to eliminate sharp angels of intersection with the existing terrain and shall be rounded and contoured as necessary to blend with existing topography to the maximum extent possible. The City will not accept the dedication and maintenance of cut and fill slopes except those within the required street rights-of-ways. Where a cut or fill slope occurs between two lots, the slope shall normally be made a part of the downhill lot.

B) Drainage.

1. Required storm water run-off collection facilities shall be determined so as to retain storm water run-off on development sites for a sufficient length of time so a to prevent flooding and erosion during storm water run-off periods as determined by the Planning Commission.

2. Required storm water fun-off collection facilities shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill. French drains are not acceptable.

3. Curbs, gutter and pavement designs shall be such that water on roadways is prevented from flowing off the roadways.

4. Natural drainage shall be stabilize to the satisfaction of the Planning Commission and the Building Inspector below drainage and culvert discharge points for distance sufficient to convey the discharge without channel erosion.

5. Waste material from construction, including soil and other solid materials, shall not be deposited within a natural or manmade drainage course not within irrigation channels.

6. Sediment catch ponds shall be constructed downstream from each development unless sediment retention facilities are otherwise provided.

C) Vegetation and Revegetation.

1. Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, or in other words, cut and fill slopes.

2. Areas not contained within lot boundaries shall be protected with adapted, fire resistant species of perennial vegetable cover after all construction is completed. The type of vegetable cover used must be approved in advance by the Planning Commission.

3. New planting shall be protected with organic cover.

4. All disturbed soil surfaces shall be stabilized before final acceptance of the subdivision by the City.

5. In all areas under the ownership and control of the subdivider, he shall be fully responsible for any destruction of native vegetation which is required to be retained. He shall carry the responsibility for such areas both for his own employees and for all subcontractors from the first day of construction until final acceptance of the subdivision by the City. The subcontractor shall be responsible for replacing such destroyed vegetation and for supplying such additional vegetation as in the opinion of the Planning Commission shall be necessary. The Planning Commission may, at its option, require a study by the State Fire Marshal, or some other appropriate authority, to determine what vegetation is appropriate for fire protection or for other purposes. The cost of such study shall be born by the subdivider.

6. At the termination of the bonding period, any dead plant materials required to be installed by the subdivider shall be replaced and a new bond issued to assure establishment of the replaced materials.

D) Fire Protection.

1. Lot size and placement of buildings within a subdivision shall be set up in such a way as to allow the adequate clearance of hazardous, flammable vegetative cover.

2. All easements for firebreaks for safety of built up areas shall encompass access for fire-fighting personnel and equipment and such easements shall be dedicated for this specific purpose by being recorded.

3. The inability to provide fire line water pressure consistent with the standards set by the Insurance Service Organization shall be justification for denial of a subdivision request.

E) Streets.

1. Hillside streets should reflect a rural rather than urban character. Street alignment, where possible, should be parallel to contours in valleys or on ridges. If a location between a valley and a ridge is unavoidable, directional pavements should be split, with the principle of grading being half-cut and half-fill vs. all-fill or all-cut. Split streets may be provided by the subdivider according to the following schedule:

a. One lane in each direction, the split section width of the pavement shall be sixteen feet.

b. Two lanes in each direction, the split section width of the pavement shall be twenty-two feet. The median between split streets shall not exceed the slope of two feet horizontal for each one foot vertical; and such median shall be planted by the subdivider and maintained for one year, to the satisfaction of the Planning Commission. Where deemed appropriate by the Planning Commission, lots may be located between the split pavement and such lots may front on both lanes.

2. Collective driveways shall only be permitted where such utilization will result in better building sites than would be possible if a public street was required. Said collective driveways shall not be used as required street frontage for the lots which they serve. Collective driveways shall be permitted to serve a maximum of six dwelling units. Collective driveways serving two or less dwellings shall be paved to a width not less than ten feet and shall not exceed one hundred fifty feet in length. Collective driveways serving more than two dwellings shall be paved to a width of not less than eighteen feet and shall not exceed three hundred fifty feet in length. Turn-arounds must be provided at the end of collective driveways. Signs indicating the driveway as private shall be erected in compliance with City standards and the approval of the Planning Commission and the Building Inspector. Collective driveways shall not be maintained in any way by the City.

3. Cul-de-sacs may serve no more than ten dwelling units and shall be a maximum of four hundred feet long. A suitable turn-around shall be provided at the end of a stub street.

4. Streets in hillside areas may intersect at a minimum angle of sixty degrees, provided they meet the requirements of the Planning Commission and the Building Inspector.

5. Grades of collector and minor streets shall be permitted to exceed twelve percent to a maximum of fifteen percent for a distance not greater than three hundred feet in any two thousand feet of street distance.

6. The following minimum dimensions are to be utilized in the design of hillside streets:

a. All streets shall have suitable pavement edging such as curbs and gutters. Concrete gutters must be provided where street drainage is accommodated.

b. The width of the graded section shall extend three feet beyond the curb face or edge of sidewalk on the fill side and two feet on the cut side of the street.

c. Parking lanes, eight feet in width, may be required on at least one side of all public streets except where existing topography renders development adjacent to the street impractical; or where the street serves solely as an access road; or where an adequate number of off-street parking spaces are provided on each lot adjacent to the street. Streets without parking lanes shall be provided with emergency parking stalls adequate to contain at least two vehicles per lot.

d. The following travel lane widths shall be required in all hillside areas: (i) The side of travel lane not adjacent to another travel lane or parking lane shall be increased by two feet. ( ii) Minor street. Minor hillside streets shall have a minimum travel lane of twelve feet. (iii) Collector streets. Collector hillside streets shall have a minimum travel lane of fourteen feet.

Chapter 10 -- PENALTIES AND ENFORCEMENT PROCEDURES

Section 20-10-1. Penalty Section 20-10-2. Enforcement Procedures Section 20-10-3. Severability

20-10-1. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

20-10-2. Enforcement Procedures. In the event of a suspected violation of this Ordinance or any other Ordinance of this municipality or State, Federal or other law, during the development of a subdivision, the Building Inspector shall have the responsibility and the authority to issue a stop work order in a form approved by the Planning Commission and the City Attorney, requiring that the work in the subdivision come to an immediate stop until it can be determined whether or not a violation has occurred. In the event of such a stop work order, there shall be no civil liability accruing to the City from any effect of the stop work order; and each and every workman working on the subdivision, as well as any person in charge of work on the subdivision, shall immediately cease and desist from performing further work on the subdivision until the stop work order has been lifted.

Any person who violates the provisions of this Section by continuing to work in violation of a stop work order shall be guilty of a misdemeanor and may be punished by a fine not exceeding $299 or imprisonment in the Iron County Jail for six months or both such fine and imprisonment.

20-10-3. Severability. If any section, subsection, sentence, clause, phrase or paragraph of this ordinance is for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this Ordinance.

Dates of other ordinances pertaining to Subdivisions: February 2, 1977; January 25, 1965;