It continues and clarifies the requirement that land divisions requiring the construction of public roads, public water lines, or public sewer lines be processed via the standard subdivision process.
It continues and clarifies current practice that lots or parcels in a proposed minor subdivision can be designated as agriculture lots or parcels only if lands proposed to be divided receive the greenbelt assessment.
It clarifies that lots or parcels designated on the subdivision plat for agriculture use are only for agriculture purposes (no residential, commercial, industrial, or recreational use is permitted). Historically, many lots have been designated on surveys for agricultural use to avoid soil tests and water source requirements, but they were immediately marketed for non-agriculture (recreation) use.
Section 2.
Stipulates that water hauling is not allowed for new lots or parcels created under the exemption in Section 17-27a-605 of the Utah Code, which allows one new parcel, at least one acre in size, to be created from a parcel of at least 100 acres in size, without a survey and approval of the land use authority.
Section 3.
Clarifies that lots or parcels in a proposed minor subdivision can be designated as agricultural lots or parcels only if the lands proposed to be divided are receiving the greenbelt assessment and are actively devoted to agricultural use with a reasonable expectation of profit (per Section 59-2-502 of Utah Code). Such agricultural lots are to be used for agricultural purposes only (no residential, commercial, industrial, or recreation use is permitted), and a recorded agreement will document such. The minor subdivision plat and the recorded agreement can be amended if an owner decides to pursue non-agricultural use in the future.
Section 4.
It clarifies that roads intended for private maintenance shall be constructed according to the Wildland Urban Interface Code standards in a subdivision or minor subdivision. That code requires a 20-foot wide, all-weather road, approved by the Fire Warden as adequate to support emergency vehicles. Developers may also choose to construct roads according to county B-road standards in areas where the Road Department is willing to assume additional maintenance responsibilities.
Section 5.
Continues the current standards that all new lots or parcels less than forty acres in size must have an approved water source. It also requires the subdivision plat to depict a 100-foot radius well protection zone around proposed water wells and a spring protection zone around spring water sources (as currently required by TriCounty Health and the Utah DEQ).
Continues the forty-acre minimum lot size if the culinary water authorities (TriCounty Health or the Utah Division of Water Rights) cannot verify that there is sufficient water (either from culinary connections, water wells, spring sources, or hauled water) available to serve all new lots or parcels in a proposed subdivision.
This clarifies that water hauling is allowed per the TriCounty Health Department water hauling rule. TCHD continues to allow individuals to haul water if there are no other feasible options; however, if they want water delivered, it has to come from a company that has had its equipment tested and approved for hauling water.
The Planning Commission recommended approving Ordinance #25-418.
Treaven Grant with Mountains West Ranches mentioned the county-by-county comparison provided to the Commissioners. It shows that the average number of lots per minor subdivision for the counties in Utah is six. He would like clarification on