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Show Tooele Transcript, Friday, January 6, 14 AN ORDINANCE NO. NOTICE TO WATER USERS The following applications have Iteen filed with 77-1- 8 CHAPTER AMENDING TITLE SEVEN, NINETEEN TOOELE CITY BICENTENNIAL CODE BY PROVIDING NEW PROVIOF SIONS GOVERNING THE MANNER CREATING AND DESIGNING SUBDIVISIONS AND REPEALING THE EXISTING the State Engineer to change and appropriate water in Tooele County the entire throughout year unless otherwise deLocations signated. 197S PROVISIONS. in SIJS&M. Tho- - (15-249- Waite, North, West Tooele, UT. lOfXI to change the po- - of diversion, place and nature of use of 0.10 sec. ft. or 12.0 ac. ft of as evidenced by Seg. (Deeded) portion of The Appl. 32887 water has Iteen diverted (15-507- ). from a well, 450 deep, at a point N. 125 ft. and W 25 ft. from SE Cor. St. 34, T2S, R5W; and used from April 1 to Oct. 31 for the irrigation of 3.0 acs. in E'ASE' Sec. 34, T2S, R5W. Hereafter, 0.10 sec. ft. or 12.0 ac. ft. of water is to le diverted from an 8- inch well, ft. deep at a point N. 1400ft. and W. 380 ft. from SE Cor. Sec. 34, T2S, R5W (114 miles E of Grantsville); and used for the domestic puqxises of 2 families and stockwatering of 10 cows, 3 horses, 2 pigs and 6 sheep, and used from April 1 to Oct. 31 for the irrigation of 2.54 acs. in 34, T2S, R5W. 50482 Tony M. Kruletz, 776 West Vine Street, Tooele, UT. 0.015 sec. ft. of water Is to be diverted from a well, 21 ft. deep, at a point S. 100 ft. and E. 402 ft. from W'A Cor. Sec. 32, T5S, R5W (Clover area); and used for the stockwatering of 25 cows, 10 horses and 10 sheep in NWWSW'a Sec. 32, T5S, R5W. Protests the resisting granting of these applications with reasons therefore must lie filed in duh 100-40- 0 c. (15-250- h with plicate the State Engineer, 442 State Capitol, SLC, UT. 84114, on or before Feb. 11, 1978. Dee C. Hansen STATE ENGINEER (Published in the Tooele Trauscript Dec. 30, 1977, and Jan. 6 and 13, 1978) Tooele City has been subject to a cently expanding residential construction growth pat-1tern, and this council has Iteen presented with erous petitions for annexation and approval of subdi-in- t visions recently; AND, WHEREAS, said experience demonstrates WHEREAS re-m- right-of-wa- num-propos- the need to improve the existing requirements regu-watlating the creation and design of subdivisions within Tooele City, NOW, THEREFORE, Ite it herewith ordained as follows: Section One. Title Seven, Chapter Nineteen, Sec-f- t. tions One through Twelve, Tooele City Bicentennial Ctxle, are herewith repealed. Section Two. The following are herewith ordained as Title Seven, Chapter Nineteen, Sections One through Tooele City Bicentennial Code: APPLICATION OF CHAPTER: No person shall sultdivide any tract of land which is located with- in the City of Tooele,, except in conformity with the provisions of this ordinance. The sulxlivision plans and plats, proposed improvements to Ire installed, and all procedures relating thereto, shall in all res sects be in full compliance with the regulations of this chapter. GENERAL PROVISIONS: Wherever any sulxlivision of land shall here- after be laid out within the incorporated limits of the City, the subdivider thereof or his agent shall submit both a preliminary and a final subdivision plat to the City for its approval. The sulxlivision plats and all procedures relating thereto shall in all respects be in full compliance with these regulations. (B) Until preliminary plats and plan for the subdivision are approved: (1) No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land. (2) No lot, tract or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given. such as sidewalks, water (3) No improvements supply, storm water drainage, sanitary sewerage facilities, gas service, electric service, lighting, grading, shall hereafter be made paving, or surfacing of streets his their agent or by any owners or or or owner by any public service corporation at the request of such owner or owners or his or their agent. (4) Land subject to flooding or within an area designated as subject to a 100 year flood by the Federal Flood Iasurance Program Administrator, and areas subject to poor drainage will not be permitted to be subdivided unless the flooding or drainage problems are properly dealt with in the subdivision plan to the satisfaction of the City. (C) Where a tract of land proposed for subdivision is part of a larger, logical sulxlivision unit in relation to the City as a whole, the planning and zoning commission may, before approval, cause to be prepared a plan for the entire unit, such plan to be used by the planning and zoning commission as an aid in judging the merits of the proposed plat. The city engineer shall cooperate with the planning and zoning commission in the preparation of this plan and shall furnish such surveys and data as may (A) - - 100-20- . (15-249- Tro-pica- (C) May is permissive. (D) Lot shall include the words plot, piece, and parcel. (E) Used for shall include the phrases arranged maintained intended for, for, designed for, for, and occupied for. DEFINITIONS: The following definitions shall apply to the application and interpretation of . this chapter: Block means a tract of land bounded by (A) streets, or by a combination of streets and public parks, bulkhead lines or cemeteries, railroad shorelines of waterways, or corporate boundary lines of conveyance of land for highway or other publie purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a pub- (4) The lie use. (5) The division of lots or record into no more than two parts and not involving any new streets or ease- inents of access. (6) Conveyance made to correct descriptions in right-of-way- s, (15-250- right-of-wa- 100-50- h - . right-of-wa- - i and width and location; type, width and elevation of surfacing; any legally established center- hue elevations, walks, curl, gutters, culverts, etc. right-of-wa- y (3) Upon approval, the sulxlivider shall record the plat with the County Recorder within three months. Immediately after recording, the original tracing or a duly certified cloth reproducible copy shall be filed with the City bv the sulxlivider. 7 19 II: FLATS AND DATA FOR FINAL The final plat shall be drawn in ink on tracing inches by on sheets not to exceed thirty-sit inches and shall lie at a scale of one hundred feet to the inch. Where necessary, the plat may lie (mi several sheets accompanied by an index sheet showing the entire su!division. For large sulxlivisions the final plat may lie submitted for approval progressively in contiguous sections satisfactory to the Planning and Zoning Commission. The final plat shall show the fol(A) Utilities on and adjacent to the tract; location, size of sanitary, storm and combined sewers; location nut on or adjacent to the tracf, indicate the direction and distance to, and the size of nearest useable facili- (4) (5) The preliminary plan of sulidivision shall be by: (a) either a preliminary plan for sewer, water and storm sewers or a written statement setting forth general plans for such improvements and indicating the method to lie used to overcome particular problems that may lie encountered with the development of the proposed system. (b) where the sanitary sewage facilities are propos- fed to lie provided by individual septic systems, per- eolation tests shall lie made on the property and a re- port on these tests prepared by a professional engi neer. These tests shall be made at a frequency of one test hole for each five lots or each three acres, whichever requires the greater numlier of test borings. (6) ()ther conditions on the tract: Water courses, marshes, rock outcrop, wooded areas, isolated preserv-i- n able trees one foot or more in calijier at one foot above ground level, houses, barns, shacks and other signifi-sal- e prior conveyances. 719-7- : PROCEDURE FOR APPROVAL AND REQUIREMENTS: Any owner of land which is with- the corporate limits of the city wishing to divide the same into lots or to resulidivide for the purpose of or assessment, or wishing to dedicate streets, al- - cant features. (7) Other conditions on adjacent land: Approximate leys, or other lands for public use, shall follow the prodirection and gradient of ground slope, including any cedures and requirements of this chapter. emliankinents or retaining walls, character and locaPROCEDURE FOR APPROVAL OF tion of buildings, railroads, power lines, towers, and PLAN: other nearby nonresident ial land uses or adverse (A) Prior to the submission of any preliminary plan, applicant shall confer with the Building Official fluences; and owner adjacent unplatted land (for ad- of the city and such other city officials as he shall rejaccnt platted land, refer to subdivision plat by name, Commission the and recording date, and numlier and show approximate quest, including Planning Zoning when convened. The purpose of such preapplicapercent of built-up- , typical lot size and dwelling type tion conference is to permit the applicant and the city if any) to review the proposed land development activity (8) Photographs, if required by the Planning and and its use, the site, areas of potential conformity or Zoning Commission: Camera locations, directions of conflict with the city's development policy, and the views, and key numliers. (9) Zoning on and adjacent to the tract. process by which the proponent may prixeed to seek-(10) Proposed public improvements: Highway or permit for the proposed land development activity other major improvements planned by public authorisought by the applicant. The preapplication conferece shall concern, but ties for future construction on or near the tract. need not be limited to a discussion of the following: (11) Key plan showing location of the tract. (12) Ground elevations on the tract, based upon (1) the site: its size, location and accessibility; land use and development in the neighlioring area; and pol- the U.S.G.S. Datum Plane. For land that slopes less than f conpercent, show not less than one-foicy constraints and opport unities. to two percent, tours; for land that slopes one-ha(2) the proposed use or land development activity: the type of development proposed and the placement show not less than two-foo- t contours; and for land that of buildings or other improvements on the site; the slopes more than two percent, show not less than two- deusity or intensity of use of the development; type foot contours, and amount of public facilities likely to be required (B) Preliminary plat shall be a scale of one hund-b- y the development, method of providing the same, red feet to the inch or if the area of the subdivision is and the capital improvements program, the location, more than two hundred acres, two hundred feet to the type and method of maintenance of open space, pub- - inch. It shall show all existing conditions required in lie improvements, common areas and facilities, and paragraph (A) alxive, topographic data, and shall show the like; proposed contouring and landscaping; propos- - all proposals including the following: and roadway ed internal circulation system and parking. Names, (1) Streets: (3) policy consideration: the policy plan or master widths, approximate grades and gradients, similar data plan of the city to the extent the same is articulated in for alleys, if any. y or easements: Ixxation, (2) Other writing shall be adhered to in the preliminary plan to be submitted by the applicant. Discussion of the citys width, and purpose. master plan or policy plan, impact statement require(3) Location of utilities, if not shown on other exhibits. submission and other ments, applicable requirements (4) Lot lines, lot dimensions, lot numbers and block provisions of the City code, county regulations, and numliers. State law will also be discussed. The preapplication conference shall be held by the (5) Sufficient information to show the intent of surapplicant and the city at a mutually agreeable time face drainage. (6) Sites, if any, to be reserved or dedicated for during normal working hours, unless an additional conference with the Planning and Zoning Commission schools, parks, playgrounds or other public uses. is requested, which conference may be in the evening (7) Sites, if any, for dwellings, shopat a time mutually agreeable to the parties. centers, churches, industry, or other nonpublic ping (B) The sulxlivider will then cause to be prepared llses exclusive of single family dwellings. ten copies of a preliminary plan which plan shall in(8) Proposed building setback lines.. clude all of the property to be subdivided by the ap(9) Site data, including number of residential lots, plicant as well as all other property owned or control- typical lot size, acres in parks, etc. led by the applicant which is adjacent to or consider(10) Proposed name of the subdivision. ed contiguous to the portion to be subdivided. The plan (11) Location by section, township and range. shall contain all information required by Section 9 of (12) Name and address of the developer. this chapter and title. The subdivider shall also prepare (13) Name and address of the planner or engineer. such other supplementary material as was specified (14) Title, scale, north point and date. in the preapplication conference, as well as a written (C) Other preliminary plans. When required by application for approval of the preliminary plat which the Planning and Zoning Commission, the prelimin- shall contain lines for the signatures of the members accompanied by profiles showing ary pjan s,a ol tlP'nnng and zoning commission, Tooele City existing ground surface and proposed street grades, Fire Chief, Tooele City Police Chief, Tooele Postmasincluding extensions for a reasonable distance beyond ter, City Attorney and the Building Official. the limits of the proposed subdivision; typical cross (C) At least fifteen days prior to a regular meeting seetjons Df the proposed grading, roadway, and and Zoning Commission, the Building way(Sj an(j preliminary plan of proposed sanitary and Official shall refer five copies of the preliminary plan storm sewers with grades and sizes indicated. All ele-t- o the members of the Commission, one copy each to the Tooele City Postmaster, Chief of Police, Fire Chief and Attorney. The Postmaster, Fire Chief, Police Chief and Attorney shall submit their opinions regarding the proposed development to the Building Official prior to or at the said meeting of the Planning and Zoning Commission. At said meeting, the applicant and the Commission shall review the preliminary plan for compliance with these regulations, and other ordinances of the city and shall, within two months from the first regular meeting following the referral: (1) Approve or disapprove the proposed preliminary sulxlivision plan aand submit its written recomj mendations, which may include the recommendations of the City Engineer to the City Council. (2) If the Planning and Zoning Commission finds that changes, additions or corrections ,are required on the preliminary plan, the Commission shall so advise the subdivider in writing. The subdivider may resubmit the preliminary plan to the Commission with- out paying an additional fee, for its consideration at the next regular meeting of said commission. The Com- mission shall at said meeting approve or disapprove the the City. preliminary plan and submit its recommendations in (B) Building setback line means a line parallel to writing to the City Council. the street line at a distance from it, regulated by the (D) If the plat is approved by the Commission, the bont yard requirements of the zoning ordinance or City Council shall accept or reject said plan within . one month after its next regular meeting following the ty any other ordinance. action of the Planning and Zoning Commission. The y Scat applicant and the Council may mutually agree to exmeans a public (C) Crosswalk ed across a block t0 Provide Pedestrian access to ad-- a tend the one month period. (E) The following qualifications shall govern aplacent streets or alleys or t0 the opposite side of the oeproval of the preliminary plan: . (D) Datum plane means a reference point from (1) Approval of a preliminary plan by the Planning wbcb elevations are measured. The datum plane is and Zoning Commission is tentative only, involving mean sea level 35 established by the United States merely the general acceptability of the layout as sub- Geodetic Survey mitted (E) Gross land area means the eJntl,r1e area of a de: (2) Approval of the preliminary plan shall be effecvelopment including lots, streets and alleys, measured tive for a maximum period of one year, unless upon to the center line of any bounding streets. application of the developer, the council grants an ex(F) ljand ase Pan means an approved master plan tension. The application for said extension shall not of the City used for development purposes. require an additional fee, or the submittal of additionmeans a parcel of land legally desenb-e- d al copies of the preliminary plan of the sulidivision. (G) Lot as a distinct portion or piece of land of record. If the final plat has not been submitted to the Build-- . (H) Official map means the map showing the big Official prior to the expiration of said one year w.v streets, highways and parks theretofore laid out, adopt- - period which begins to run from the date the prelimi- granting of these appli- and established by law and any amendments or ad- - nary plan was first approved by the Council, the ap- cations with reasons there- dftions thereto resulting from the city council action proval of the said preliminary plan lapses and is void fore mast be filed in du- of subdivision plats. the and of no further force or effect. Thereafter the devel- or approval plicate with the State means the paved portion of a street Gper mast recommence the application (I) Roadway 442 State process as then CapEngineer, y intended for vehicular traffic, including in effect. UT 84114 itol SLC a11 curb and Sutter facilities appurtenant to the road- 7.19.9. PLATS AND DATA FOR APPROVAL OF on or before Feb. 4, 1978 wayPRELIMINARY PLAN: Dee C. Hansen (I) Street Wldth means tbe shortest distance be' STATE ENGINEER (A) Topographic data required as a basis for the lines of lots delineating the public street. tween preliminary plat, in subsection B below, shall include (Published in the Tooele W Subdivider means the person or persons re existing conditioas as follows, except when other- Transcript Dec 23 and for preparing and recording the plats ot the 30, 1977 and Jan. 6, 1978) sponsible specified by the Planning and Zonjng Commis- 100-50- 0 (1) Boundary liens: (rearing and distances. (2) Easements: location, width and purpose. (3) Streets on and adjacent to the tract: Name y st NOTICE TO WATER USERS lie necessary. INTERPRETATION: (A) An interpretation and application, the provisions of this chapter shall be held to be the minimum requirements. (B) Where the conditions imposed by any provision of this chapter upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. (C) This chapter shall not abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this ordinance are more diverted from a standards or requirements 0 ft. well, deep, restrictive or impose higher at a point N. 1770 ft. and than such easements, covenants or other private agreeE. 910 ft. from SV4 Cor. ments than this chapter shall govern. SEVERABILITY: If any section, subsection, Sec. 2, T2S, R4W (Lake-point- ); and used for the sentence, clause, phrase, or portion of this ordinance domestic purposes of one is for any reason held invalid or unconstitutional by and stockwaterany court of competent jurisdiction, such portion shall family be deemed a separate, distinct and independent proof 2 cattle and 50 ing chickens; and used from vision and such holding shall not affect the validity of the remaining portions hereof. April 1 to Oct. 31 for the RULES OF INTERPRETATION: in acs. of 0.25 irrigation (A) Words used in the present tense shall include the NWMSEVi Sec. 2, T2S, future; and words used in the singular number shall inR4W. Dennis clude the plural number, and the plural the singular. 50463 (B) Shall is mandatory and not discretionary. L. Smith, 6300 West No. 8, Las Vegas, NV 0.015 sec. ft. of water is to be diverted from ft. a well, deep, at a point N. 150 ft. and W. 840 ft. from E'i Cor. Sec. 31, T5S. R5W (Clover); and used for the domestic pur- poses of one family and stockwatering of 2 cattle and 2 horses; and used from April 1 to Oct. 31 for the irrigation of 0.25 acs. in SE'ANEVi Sec. 31, T5S, R5W. Dennis 50464 L. Smith, 6300 West Tro- picana No. 8, Las Vegas, NV 0015 sec ft of wa- ter 'is to be diverted from ft. 0 well, deep, at a point N. 150 ft and W. 1170 ft. from E'A Cor Sec 31 T5S R5W (dover); and used for the domestic purposes of one family and stock- watering of 2 cattle and 2 horses; and used from April 1 to Oct. 31 for the irrigation of 0.25 acs. in suldivision and for carrying out all appropriate requirements thereto as outlined in this chapter. means the division of land into tL) "Sulxlivision two or more parts, any of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership or building development, provided, however, that the following shall not be considered a sulxlivision and shall Ixe exempt from the requirements of this ordinance: (1) The sale or exchange of parcels of land between owners of adjoining and contiguous land. (2) The conveyance of parcels of land or interest therein for use as for, railroads or other one-hal- lf right-of-wa- y rights-of-wa- cloth x forth-eigh- lowing: (1) Primary control points, approved by the C.ity Engineer, or descriptions und "ties to such control po- ints, to which all dimensions, angles, bearings, and si- milar data on the plat shall lie referred. lines of streets (2) Tract Ixiundary lines, and easements, and other right way, property lines of residential lots and deflection angles and radii, arcs, and central angles of all curlies. width of each street or (3) Name and right-of-wa- right-of-wa- other y y right-of-wa- and purpose of any (4) laical ion, dimensions, ease- ments. to identify each lot or site and bhx'k. for which sites, other than residential lots, are dedicated or reserved. (7) Proposed building setback lines on all lots and other sites. (8) lzication and description of monuments. (9) Certification by a registered land surveyor licensed by the State of Utah certifying to the accuracy of the survey and plat. (10) Certification showing that all taxes and special assessments due on the property to be subdivided have I wen laid in full. (11) Dedication by the owners of the tract of all to the public, and streets, easements and other proposed public wav or space shown on the plat. (12) Certification of title shelving that applicant is the landowner. (13) Proper form for the approval of the Council, with space for signatures. (14) Approval by signatures of the Council, Planning and Zoning Commission, Health Officer, City Attorney, and such other persons concerned with the approval thereof or the specifications for utility in(5) Numlier (6) Purpose rights-of-wa- y stallation. This approval shall not lie deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public wav or space shown on the plat. (15) Name of the subdivision. (16) Izieation liv section, township and range. (17) Title, scale, north arro and date. (B) Cross sections and profiles of streets showing grades, The scales and elevations shall be based on the U.S.G.S. Datum Plane. (C) Protective covenants in form for recording. AGREEMENTS CONCERNING OFFSITE IMPROVEMENTS: (A) The Planning and Zoning Commission shall submit the final plat along with its recommendations to the City Council, and the Council shall approve such final plat lx: fore recording and such approval shall not lie given until the sulxlivider has complied with the requirements of this Section. No building permit shall lie issued until the final plat has been recorded. (1) After approval of the preliminary plat, the subdivider shall present plans and specifications for all improvements to the City Engineer for approval. Upon approval by the City Engineer, and by all other pertinent authorities, the subdivider may construct and install all such improvements. On approval and certification of completion by the City Engineer of .such improvements, within two years after approval of preliminary plat, the final plat shall be submitted as herein provided for approval, and upon approval, shall be recorded. If engineering plans required substantial changes from the preliminary plan, as approved, the sulxlivider shall revise and resubmit the preliminary plat for reapproval, prior to constructing the improvements, and such resubmissions shall not require the payment of additional fees. (2) In lieu of actual construction of the improvements, as provided in part (1) above, the subdivider may lost with the City Treasurer cash, negotiable curities, or a surety bond with sureties acceptable to the Planning and Zoning Commission and the City Council in an amount sufficient to cover the full cost of said improvements as estimated by the City Engineer and conditioned on the completion and acceptance by the City Engineer of all improvements within two years from the approval of the final plat. Upon acceptance of such bond, approval of the plans and specifications for all improvements by the City Engineer, and approval by the Planning and Zoning Commission, and the City Council of the final plat, such plat may then be recorded. (3) The lieu of the provisions of parts (1) and (2) alxive, the sulxlivider may submit with his plans and specifications for all improvements and his final plat, evidence of a binding agreement with a responsible contractor for the installation of all such improvements, within two years after approval of the final plat, together with a performance bond with sureties acceptable to the Planning and Zoning Commission and the City Council, and plat by then be recorded. (4) In lieu of the provisions of parts (1), (2), and (3) aliove, the subdivider may submit with his plans and specifications for all improvements and his final plat, evidence of a binding agreement with a responsible financial institution doing business lawfully in the State of Utah that it shall hold in escrow or trusts such sums as the City Engineer shall designate as being necessary to complete the improvements of the subdivision, and will not release such funds without the prior written consent of the City Attorney and City Engineer, upon of the preliminary plat; and before the approval of the the completion and approval of the improvements by final plat; otherwise such approval shall become null the contractor. Upon acceptance of said agreement by and void unless application for an extension of time is the Planning and Zoning Commission and the City granted by the City Council. Such extension will not Council, and the execution thereof by the Mayor of require an additional fee or filing of additional copies Tooele City, the final plat may be recorded. of the plat. (5) In lieu of the provisions of parts (1), (2), (3), or (D) Within two months after its meeting at which (4) alxive, the subdivider may petition, in appropriate the time the application for approval of the final plat cases, for the installation of all improvements by spewas submitted, the Planning and Zoning Commission cial assessment, and shall provide a purchaser for all shall approve or disapprove it. If the Commission ap- - special improvement bonds issued pursuant thereto. On a sale of such bonds for par or more and on approval of proves, it shall affix upon the plat the certifying signatures of its chairman and members voting in favor of the final plat by the Planning and Zoning Commission approval. If it disapproves, it shall set forth the reasons and the City Council, such plat may be recorded. in its own records and provide the applicant with a (B) The subdivider shall in all cases be responsible for the maintenance of all improvements for one year thereof. copy following their acceptance, and shall guarantee such (E) Filing. maintenance by posting cash or negotiable securities (1) After approval of the final plat by the Planning and Zoning Commission, and the fulfillment of the in the amount of five percent of the cost of such imrequirements of these regulations, one tracing of the provements or a surety bond with sureties approved by the Planning and Zoning Commission and the City final plat of the sulidivision, drawn in ink on tracing Council in the amount of twenty percent of the cost of inches by forty-eigcloth not to exceed thirty-si- x inches in size, shall be submitted to the City Council such improvements. The fulfillment of this requirement for approval by submitting the same to the City Record- - is a condition precedent to the approval of the final er at least ten days before a regular meeting of the plat, and is in addition to the requirements of para- Council. graph (A) of this Section, multi-famil- y side-Planni- |