(Ord. 2-2026, 3/18/2026)
The purposes of this chapter are to:
A.
Protect and provide for the public health, safety, and general welfare of Huntington City.
B.
Guide the future growth and development of Huntington City, in accordance with the general plan.
C.
Encourage the orderly and beneficial development of land within the municipality.
D.
Protect the integrity of buildings, land and improvements, and minimize the conflicts among the uses of land and buildings.
E.
Provide a beneficial relationship between the uses of land, buildings, traffic circulation and the proper location and width of streets and building setbacks.
F.
Establish reasonable standards of design and procedures for subdivisions, condominium plats, plat amendments, and lot line adjustments, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and recordation of subdivided land.
G.
Ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
H.
Encourage the wise use and management of natural resources in order to preserve the integrity, stability and aesthetics of the community.
I.
Continue the rural development and variety of structural design within residential zones.
J.
Provide for open spaces through the most efficient design and layout of the land, while preserving the density of land as established in the Huntington City land use code.
(Ord. 2-2026, 3/18/2026)
This chapter applies to all applications or petitions to subdivide land in the City, regardless of the intended use (commercial, residential, etc.). The requirements of this chapter do not apply retroactively to subdivision applications or petitions that were approved by the City prior to the enactment of the ordinance codified in this title.
(Ord. 2-2026, 3/18/2026)
A.
No land shall be subdivided which is located wholly or in part in the City, except in compliance with this chapter and Utah Code as adopted and amended.
B.
A subdivision of land is not valid unless its governing document is approved by the Land Use Authority and properly recorded in the County Recorder’s Office.
(Ord. 2-2026, 3/18/2026)
It is unlawful to transfer ownership of any parcel of land pursuant to an invalid subdivision. The City may, in its discretion, void such transfers. Additionally, any person who transfers ownership of a parcel of land pursuant to a subdivision that has not been approved under this chapter shall be criminally liable for a Class C misdemeanor. The City may also pursue other legal remedies as detailed in Section 9-3-10 of this title.
(Ord. 2-2026, 3/18/2026)
See Section 9-1-5 of this title.
(Ord. 2-2026, 3/18/2026)
This chapter adopts and incorporates the definitions of terms found in Chapter 9-2. For the purposes of this chapter only, the following definitions shall apply.
A corporation or other legal entity, any member of which:
Property that the association:
A surety bond, or other equivalent security required by the City to guarantee the proper completion of landscaping or an infrastructure improvement required as a condition precedent to recording a subdivision plat.
All persons who execute the declaration or on whose behalf the declaration is executed. From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition. Any successors of the person referred to in this subdivision who come to stand in the same relation to the condominium project as their predecessors also come within this definition.
Instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended.
An individual, entity, mutual water company, or unincorporated organization:
The civil engineering plan to complete permanent infrastructure and municipality-controlled utilities that is essential for the public health and safety, that is required for human occupation, or that is required by applicable law and that an applicant must install in accordance with public installation and inspection specifications for public improvements and as a condition of recording a subdivision plat.
A large-scale subdivision process, subject to a development plan, where the applicant can submit an individual application for each phase of a project until the application is complete.
The period of control described in Section 57-8-16.5(1), Utah Code Annotated.
For the purposes of this chapter only, the following definitions shall apply:
Minor Subdivisions: For purposes of water connections, the "property line" is defined as that property line of a lot or parcel of land that fronts on a dedicated street where water is existing in the street. Water will be considered at the property line in a simple and minor subdivision if it is within 120 feet, either perpendicular or parallel to a property line. Connection fees will be collected when a building permit is issued to the property owner. Electricity is required to be brought to the deeded property line of each lot or parcel by the applicant. More than one lot or parcel may be serviced from one pole based on recommendations and specifications from the utility provider. A drop line must be at each lot, but a single line can feed more than one lot.
Subdivisions (10 Or More Lots): All City required utilities, including electricity and water, shall be required to be stubbed to each lot where meter placement would occur by the property owner. Connection fees will be collected at building permit issuance.
Landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that:
The occurrence of:
The applicant’s submittal of a complete subdivision land use application;
The City’s review of that subdivision land use application;
The City’s response to that subdivision land use application; and
The applicant’s reply to the City’s response that addresses each of the City’s required modifications or requests for additional information.
The state engineer’s inventory of water conveyance systems established in Section 73-5-7, Utah Code Annotated.
Any land which is divided, subdivided, 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:
The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
Subdivision does not include:
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 land use ordinance;
A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels or joining a lot to parcel;
A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608, Utah Code Annotated (as amended) if no new dwelling lot or housing unit will result from the adjustment and the adjustment will not violate any applicable land use ordinance;[2]
A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division is in anticipation of future land use approvals on the parcel or parcels does not confer any land use approvals, and has not been approved by the land use authority;
A parcel boundary adjustment;
A lot line adjustment;
A joining of one or more lots to a parcel;
A road, street, or highway dedication plat;
A deed or easement for a road, street, or highway purpose; or
Any other division of land authorized by law.
A review by the City to verify that the subdivision land use application meets the criteria of the City’s subdivision ordinances.
A review of the Applicant’s subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with City ordinances and applicable standards and specifications.
Personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following:
A ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or stormwater drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. “Water conveyance facility” does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility.
(Ord. 2-2026, 3/18/2026)
A.
The Land Use Authority for major subdivision applications under this title is the Planning Commission. For purposes of major subdivision applications, the Planning Commission shall be responsible for the following but may delegate any responsibility to City staff or Zoning Administrator.
1.
Rendering land use decisions related to major subdivision applications.
2.
Holding a public hearing for subdivision applications (when needed).
3.
Providing feedback to applicants on their subdivision applications.
4.
Keeping application forms and related informational material up to date and publicly accessible and distributing such forms and materials to potential applicants. This task is delegated to City staff by default.
5.
Providing notice to entities and parties as required by this section. This task is delegated to City staff by default.
6.
Ensuring that documents are properly recorded with the County after final approval as required by this section. This task is delegated to City staff by default.
B.
The Land Use Authority for minor subdivisions applications under this title is the Zoning Administrator. For purposes of minor subdivision applications, the Zoning Administrator shall be responsible for the following, but may delegate any responsibility to City staff:
1.
Rendering land use decisions related to minor subdivision applications.
2.
Conducting preliminary review and administrative reviews for both major and minor subdivision applications. Generally:
a.
Preliminary Review: The applicant shall provide the Zoning Administrator drawings in sufficient detail to allow review of the proposal for compliance with this section and to direct the applicant to the appropriate process.
b.
Administrative Review: The Zoning Administrator shall review each complete proposal and may seek the advice and input of other City staff, municipal departments, and/or utility providers, and City engineer. The review shall include, but not be limited to, the following:
(1)
Does the application meet the requirements of this code?
(2)
Are all the lots suitable for building?
(3)
Are hazardous areas or conditions present, and if so, have the conditions been abated?
(4)
Do all lots border public streets?
(5)
Is the subdivision consistent with the general plan?
(6)
Will the development enhance the character and aesthetics of the community?
(7)
Has the geotechnical analysis been completed?
3.
Holding a public hearing for subdivision applications (when needed).
4.
Providing feedback to applicants on their minor subdivision applications.
5.
Scheduling and holding initial contact meetings with potential applicants (when requested) for both major and minor subdivision applications.
6.
Providing notice to entities and parties as required by this section. This task is delegated to City staff by default.
7.
Ensuring that documents are properly recorded with the County after final approval as required by this section. This task is delegated to City staff by default.
C.
As subdivision application decisions are administrative, not legislative, the Planning Commission, or Zoning Administrator (for Minor Subdivisions) is authorized to make any land use decision described by this title without City Council Approval.
D.
The City Council shall not require the Planning Commission, or Zoning Administrator (for Minor Subdivisions) to approve or deny any subdivision application under this title.
(Ord. 2-2026, 3/18/2026)
A.
The Appeal Authority for City decisions (through the Planning Commission and Zoning Administrator, if for minor subdivisions), except where otherwise noted, is the Board of Adjustment.
B.
The Appeal Authority shall hear appeals on final decisions made by the Land Use Authorities and shall hear complaints about the conduct of the Land Use Authorities in administering the provisions of this chapter.
C.
Subdivision appeals shall follow the process and conform to the requirements in Chapter 9-5A of this title.
(Ord. 2-2026, 3/18/2026)
(Ord. 2-2026, 3/18/2026)
The City shall not approve, nor shall a party record, any plat or other creating instrument for a new subdivision unless the party has properly applied under this chapter and received both a preliminary approval and a final approval from the respective Land Use Authorities.
(Ord. 2-2026, 3/18/2026)
A.
To be considered complete, a subdivision application must include at least the following elements:
1.
An approved land use application that describes how the property will be used after it is subdivided.
a.
If the intended use is permitted by right under City ordinances, the land use application must include citations to the specific ordinance(s) that the applicant believes authorized the intended use.
b.
If the intended use requires a conditional use permit or is otherwise conditioned on City approval, the land use application must include an approved, City-issued permit authorizing the intended use. Should an applicant seek a use permit concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the use permit is issued.
c.
If the intended use is prohibited under City ordinances and requires a variance, the land use application must include an approved, City-issued variance authorizing the intended use. Should an applicant seek a variance concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the variance is issued.
2.
A plat, unless exempted under Section 9-12-2.3. The plat must be drawn to scale, in detail, and in accordance with generally accepted surveying standards and the acceptable filing standards of the County Recorder's Office. The plat must include the following:
a.
A minimum scale of one inch equals 50 feet;
b.
The proposed streets, alleys, parks, open spaces and other offers of public dedications, showing widths and pertinent dimensions as well as points of intersection of each;
c.
Existing rights of way and easement grants of record for streets, underground utilities, and other public purposes;
d.
A north arrow facing the top of right margin;
e.
A date on each sheet;
f.
The boundary dimensions and legal description of the subdivision and each lot therein, with the point of beginning clearly labeled;
g.
The acreage or square footage for all parcels or lots and the length and width of the blocks and lots intended for sale;
h.
A legend of symbols;
i.
All survey monuments and proposed hydrant locations;
j.
The streets indicating numbers and/or names and lots numbered consecutively;
k.
The location, width, centerline bearings and curve data (including delta angle, radius, length, tangent and the long cord on curves) and other dimensions of all existing, proposed or platted streets and easements;
l.
A similar description of important features such as utility lines and exceptional topography and structures within the proposed subdivision and within a 200 foot perimeter of the subdivision. Utility features must appear on the plat;
m.
The streets, lots, and properties within 200 feet surrounding the subdivision shown in ghost lines;
n.
The name and address of the applicant, engineer, or surveyor for the proposed subdivision and owners of the land to be subdivided;
o.
The proposed subdivision name must be distinct from any subdivision name on a plat recorded in the County Recorder’s Office;
p.
Any known and unrecorded water conveyance facility located, entirely or partially, within the plat;
q.
Legal description;
r.
Applicants for subdivision or land development shall submit a geotechnical analysis consistent with Section 8-4-1 submitted with the preliminary application.
s.
If any portion of the proposed subdivision is within 300 feet of an Agriculture Protection Area, the notice language found in Section 17-41-403(4), Utah Code Annotated.[1]
t.
If any portion of the proposed subdivision is within 1,000 feet of an Industrial Protection Area, the notice language found in Section 17-41-403(4), Utah Code Annotated.[2]
u.
If any portion of the proposed subdivision is within 1,000 feet of a Critical Infrastructure Materials Protection Area, the notice language found in Section 17-41-403(4), Utah Code Annotated.[3]
v.
If any portion of the proposed subdivision is within 1,000 feet of a Mining Protection Area, the notice language found in Section 17-41-403(4), Utah Code Annotated.[4]
w.
If any portion of the proposed subdivision is within 1,000 feet of a Vested Critical Infrastructure Materials Operation (extracting, excavating, processing, or reprocessing sand, gravel, or rock aggregate where that use is not permitted by City ordinances), the notice language found in Section 10-9a-904, Utah Code Annotated.[5]
x.
If the subdivision includes a condominium, the requirements found in Section 57-8-13, Utah Code Annotated, as amended.
y.
If the application involves a multi-phase development, the application must also include a phasing plan.
3.
Reports and studies, including:
4.
An Improvement Plan, created in accordance with applicable portions of Section 9-12-5 and Chapter 9-13, for all public improvements proposed by the applicant or required by City Ordinance.
5.
An affidavit from the applicant certifying that the submitted information is true and accurate.
6.
The signature of each owner of record of land described on the plat, signifying their consent to the subdivision application and their intent to dedicate portions of the plat to the public as described in the application.
7.
Certificates including:
a.
b.
A Title Report or Title Insurance Policy for the land to be subdivided verifying property ownership.
c.
A Tax Clearance Certificate from the state indicating that all taxes, interest, and penalties owing on the land have been paid.
d.
Owner’s certificate of dedication.
8.
A completion assurance for all public improvements required by the approved improvement plan, or a statement that such improvements will be completed before development occurs on the proposed subdivision and before the applicant records the plat, as required by Section 9-12-5.2 of this title.
9.
Binding Dedication Documents, including:
10.
Copies, including:
a.
One electronic copy of the final plat in AutoCAD (or comparable) format, with a projection assigned to the file(s) and with the proper metadata that describes what coordinate system/projection the data is assigned to.
b.
A PDF document of the complete application (including the plat and all other plans and supporting documents required by this section).
c.
Four 24-inch by 36-inch copies of plat with one eight-and-one-half-inch by 11-inch copy of the application.
d.
A copy of the plat drawn on Mylar for signing and recording. The applicant may wait to produce this recording-form copy until the Land Use Authority has completed two review cycles, but in such case, the Land Use Authority need not approve the application until this copy has been produced and reviewed.
11.
Payment of any application-processing fees required by the City. In addition to any fees listed on the City’s Fee Schedule, the applicant shall be liable for any reasonable costs the City incurs in obtaining engineering and legal review of the application.
12.
The planning commission (Zoning Administrator or City staff, as delegated) shall produce, maintain, and make available to the public a list of the specific items that comprise complete subdivision applications and a breakdown of any fees due upon submission or approval of the applications.
13.
The planning commission may require, and the applicant shall provide, additional information beyond the requirements of this section or those published by the City relating to an applicant’s plans to ensure compliance with City ordinances and approved standards and specifications for construction of public improvements and to protect the health and safety of City residents.
14.
Notwithstanding this section, the planning commission may, in its sole discretion, waive any of the specific requirements found in this section on a case-by-case basis.
(Ord. 2-2026, 3/18/2026)
A.
Agricultural Land:
1.
Applications to subdivide agricultural land are exempt from the plat requirements (but not the other application requirements) of Section 9-12-2.2 if the resulting parcels:
2.
For subdivision applications for which this exception applies, an applicant may submit to the City—in place of a plat—a record of survey map that illustrates the boundaries of the parcels.
B.
Minor Subdivision.
1.
Applications to subdivide land are exempt from subdivision plat requirements; improvement plan requirements; completion assurance requirements; and design standards set forth in Chapter 9-13, unless specifically required by the Minor Subdivision Land Use Authority based on specific findings that comply with the City’s general plan and land use ordinances, (but not the other application requirements) of Section 9-12-2.2 if the subdivision:
a.
Results in no more than nine lots;
b.
Is not traversed by the mapped lines of a proposed street (as shown in Huntington City General Plan), City easement, or any other land required for or intended to be dedicated for public purposes;
c.
Has been approved by the Culinary Water Authority and the Southwest Utah Public Health Department;
d.
Is located in a zoned area; and
e.
All proposed lots or parcels front an improved or dedicated public street.
3.
If the City approves a subdivision application based on a record of survey map and metes-and-bounds description, the applicant shall record the map and description, signed by the City, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Sections 9-12-3.2 and 9-12-3.4, except that the City shall also provide the notice required in Section 10-9a-605(1), Utah Code Annotated.[1]
(Ord. 2-2026, 3/18/2026)
A.
A party intending to submit a subdivision application under this section may request an initial contact meeting with the Zoning Administrator for the purpose of reviewing any element of the party’s proposed subdivision application. The proposed application need not be complete for the purpose of this meeting and may—if the party desires—be limited to a concept plan.
1.
If a party requests an initial contact/concept plan meeting, the City shall schedule the meeting within 15 business days after the request. The meeting shall be scheduled at the earliest convenient opportunity, and, at the option of the party requesting the meeting, shall occur within 20 business days after scheduling.
2.
The Zoning Administrator shall conduct the meeting, provide feedback on materials as requested by the party, and shall provide or have available on the City website the following at the time of the meeting:
(Ord. 2-2026, 3/18/2026)
A.
Within 15 calendar days after receiving a complete subdivision application under this section, City staff shall provide written notice of the proposed subdivision to the facility owner of any known water conveyance facility located, entirely or partially, within 100 feet of the subdivision plat.
1.
To determine whether any water conveyance facility is located within 100 feet of a proposed subdivision, City staff shall review information:
a.
b.
From the state engineer's inventory of canals; or
c.
From a licensed surveyor for the proposed who has consulted with a representative of an existing water conveyance facility that services an area near the land the application concerns.
B.
To give water conveyance facilities time to provide feedback on subdivision applications, the Land Use Authority shall not approve a subdivision application under this chapter sooner than 20 calendar days after the applicant submits a complete application. This waiting period does not apply to revised applications the applicant may submit during the application review process.
1.
A water conveyance facility owner’s failure to provide comments to the Land Use Authority about a subdivision application does not affect or impair the Land Use Authority’s authority to approve the subdivision application.
(Ord. 2-2026, 3/18/2026)
(Ord. 2-2026, 3/18/2026)
A.
The review process begins when an applicant submits a complete application to the Zoning Administrator. The Zoning Administrator will conduct an administrative review to determine if the application is complete. The administrative review shall also include, but not be limited to, the following:
1.
Does the application meet the requirements of this code?
2.
Are all the lots suitable for building?
3.
Are hazardous areas of conditions present, and if so, have the conditions been abated?
4.
Do all lots border public streets?
5.
Is the subdivision consistent with the general plan?
6.
Will the development enhance the character and aesthetics of the community?
7.
Are soil samples, percolation tests, etc., necessary for this property?
B.
If the Zoning Administrator determines that an application is incomplete, it shall notify the applicant of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until it is complete. Once complete, the Zoning Administrator will submit the application to the Land Use Authority.
C.
The Land Use Authority shall review all subdivision applications in accordance with the requirements of this section before approving or denying those applications.
D.
After the Zoning Administrator submits an applicant’s complete application, the Land Use Authority shall review and provide feedback to the applicant in a series of “review cycles.”
1.
A review cycle consists of the following phases:
a.
Phase #1: The applicant submits a complete application (or, if after the first cycle, submits a revised version of the complete application).
b.
Phase #2: The Land Use Authority reviews the application in detail and assesses whether the application conforms to local ordinances.
c.
Phase #3: The Land Use Authority responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant. For any required modification or addition to the application or request for more information, the Land Use Authority shall be specific and include citations to ordinances, standards, or specifications that require the modification or addition and shall provide the applicant with an index of all requested modifications or additions.
d.
Phase #4: The applicant revises the application, addressing each comment or requirement the Land Use Authority made. The applicant must submit both revised plans and a written explanation in response to the City’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. This written explanation must be comprehensive and specific, including citations to applicable standards and ordinances and an index of requested revisions or additions for each required correction. If the applicant fails to respond to a comment made by the Land Use Authority in its review, the review cycle is not complete and will remain open until the applicant addresses all comments.
Table 9-12-3.1 - Review Cycles, Hearings, and Timelines by Subdivision Use Type | ||||
|---|---|---|---|---|
Use Type | Max Review Phases | Max Public Hearings | City Turnaround Deadline** | Applicant Turnaround Deadline*** |
All Uses | 4 | 1 | 30 Business Days | 180 Calendar Days |
** Describes the total time (per review cycle) the City may take to complete both Phase #2 and Phase #3. | ||||
*** Describes the total time (per review cycle) the applicant may take to submit a revised application before the application expires. | ||||
 |
E.
A Land Use Authority (and other City representatives or agents) shall adhere to the maximum number of review cycles and the review deadlines described in Table 9-12-3.1, except as described below. If no further revisions are needed, the Land Use Authority may end the review process early and approve or deny the application.
1.
This provision notwithstanding, for any subdivision application that affects property within an identified geological hazard area, the City is exempt from limits on the number of permitted review cycles and the City’s deadlines for reviewing and responding (Phases #2 and #3).
2.
If the applicant makes a material change to the application not requested by the City at any point in the review process, the Land Use Authority may restart the review process, but only with respect to the portion of the application that the material change substantively affects.
3.
If an applicant takes longer than 40 business days to submit a revised subdivision improvement plan responding to the City’s requests for modifications and additions (in Phases #1 and #4), the City shall have an additional 20 business days to review and respond to the revised application (Phases #2 and #3 of the next review cycle or issuing an approval decision).
4.
If an applicant takes longer than 180 calendar days to submit a revised application and respond to the City’s requests for modifications and additions (Phases #1 and #4), the application shall, at the option of the Land Use Authority, expire. If an application expires, the applicant must restart the subdivision application process.
F.
After the fourth or final review cycle is complete, the Land Use Authority shall approve or deny the application within 20 business days.
1.
If the Land Use Authority has not approved or denied the application within 20 business days after the allotted review cycles are complete, the applicant may request a decision. After such a request, the City shall, within 10 business days:
a.
For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Section 10-9a-508(5)(d), Utah Code Annotated,[1] to review and approve or deny the revised set of plans; or
b.
For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the designated Appeal Authority.
G.
After the Land Use Authority provides comments in the fourth or final review cycle, the City shall not require further modifications or corrections to the application unless those modifications or corrections are necessary to protect public health and safety or to enforce state or federal law or unless the review cycle reset due to the applicant making a material change that the Land Use Authority did not request.
1.
With the exception of modifications or corrections that are needed to protect public health and safety, that are needed to enforce state or federal law, or that arise from the review cycle being reset, the municipality waives noncompliant subdivision-related requirements that the Land Use Authority does not identify during the review process.
H.
The Planning Commission, or on behalf of the Zoning Administrator, may conduct one or more public hearings (up to the number described in Table 9-12-3.1) during the review period for a subdivision application.
1.
The purpose of these public hearings is to ask questions of the applicant and receive commentary on the technical aspects of the application from affected entities, interested parties, and the public.
2.
If the Land Use Authority elects to hold a public hearing, the hearing must occur before the end of the Land Use Authority’s review period in the fourth or final review cycle. Scheduling issues shall not extend the review and approval deadlines in this chapter.
I.
Other chapters of this title notwithstanding, the Land Use Authority shall approve or deny a subdivision application under this chapter after reviewing a complete subdivision application as described in this section. This singular application and review process includes the combined elements of traditional “preliminary” and “final” applications, as those terms are used in Section 10-9a-604.2, Utah Code Annotated.[2] For purposes of applying Sections 10-9a-604.1(3)(a) and 10-9a-604.1(9)(b), Utah Code Annotated,[3] this chapter describes a “preliminary” review and approval, with “final” approval happening automatically when the plat is recorded.
[2]
Editor's Note: Section 10-9a-604.2, Utah Code Annotated, was renumbered effective 11/6/2025 to Section 10-20-806, Utah Code Annotated.
[3]
Editor's Note: Section 10-9a-604.1, Utah Code Annotated, was renumbered effective 11/6/2025 to Section 10-20-805, Utah Code Annotated.
(Ord. 2-2026, 3/18/2026)
A.
The Land Use Authority shall approve any complete subdivision applications made under this chapter that comply with applicable municipal ordinances.
B.
A subdivision application is approved when the Land Use Authority certifies the approved plat, either by signing the plat directly or by attaching a signed certification to the plat.
(Ord. 2-2026, 3/18/2026)
Subdivision applications need not include the entire developable space of a proposed subdivision. If a subdivision is intended as part of a larger development project, applicants may submit one application per phase of a project until the project is complete, subject to the requirements of Section 9-12-2 and the process in Section 9-12-3.1.
(Ord. 2-2026, 3/18/2026)
A.
The applicant shall record the approved subdivision plat with the County Recorder’s Office within 365 calendar days after the Land Use Authority approves the subdivision application, provided that the applicant has completed any improvements or posted any performance guarantee required by City ordinances or described in the approved improvement plan. The applicant shall not record the approved subdivision plat until such improvements are completed or guaranteed in compliance with City ordinances and the approved improvement plan.
1.
An approved plat not properly recorded within the timeline specified in this provision is void unless the Land Use Authority approves an extension, requiring the applicant to commence the subdivision process anew.
B.
City staff shall work with the County Recorder’s Office to submit to the Utah Geospatial Resource Center (so the subdivision can be included in the 911 database), within 30 calendar days after the application is approved, either:
(Ord. 2-2026, 3/18/2026)
(Ord. 2-2026, 3/18/2026)
A.
The City Council by ordinance may, with or without a petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision at a public hearing.
B.
A property owner or agent of a property owner may correct minor typographical or clerical errors in a document of record by filing with the County an affidavit or other appropriate instrument. This provision does not apply to changing the name of the subdivision, which requires a material amendment described in the following provisions.
C.
1.
If a petition is filed, the City Council shall hold the public hearing within 45 calendar days after receipt of the planning commission's recommendation under this subsection C if:
a.
The plat change includes the vacation of a public street or alley;
b.
Any owner within the plat notifies the municipality of their objection in writing within 10 days of mailed notification; or
c.
A public hearing is required because all of the owners in the subdivision have not signed the revised plat.
2.
Before the City Council may consider a proposed vacation, alteration, or amendment the City Council shall refer the proposal to the planning commission for its recommendation. The planning commission shall give its recommendation within 30 calendar days following its receipt of the application for the proposed vacation, alteration, or amendment.
3.
Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this title may, in writing, petition the legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section.
4.
The plat (or the record of survey map, if applicable) should:
a.
Depict only the portion of the subdivision that is proposed to be amended;
b.
Include a plat name distinguishing the amended plat from the original plat, that is distinct from any subdivision name on a plat recorded in the County Recorder’s Office;
c.
Describe the differences between the amended plat and the original plat;
d.
Include references to the original plat; and
5.
Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include:
D.
Notice of Hearing for Plat Change:
1.
The City Council shall give notice of the proposed plat change by mailing the notice to each owner of property located within 300 feet of the property that is the subject of the proposed plat change, addressed to the owner's mailing address appearing on the rolls of the Emery County assessor.
2.
The City Council shall ensure that the notice includes:
a.
A statement that anyone objecting to the proposed plat change must file a written objection to the change within 10 days of the date of the notice;
b.
A statement that if no written objections are received by the Huntington City Council within the time limit, no public hearing will be held; and
c.
The date, place, and time when a hearing will be held, if one is required, to consider a vacation, alteration, or amendment without a petition when written objections are received or to consider any petition that does not include the consent of all landowners as required by subsection C of this section.
3.
If the proposed change involves the vacation, alteration, or amendment of a street, the Huntington City Council shall give notice of the date, place, and time of the hearing by:
E.
Grounds for Vacating or Changing a Plat: Within 30 days after the public hearing, the City Council shall consider the petition.
2.
The City Council, by ordinance, may vacate, alter, or amend the plat, any portion of the plat, or any street or lot;
3.
The City Council may approve the vacation, alteration, or amendment by ordinance, amended plat, administrative order, or deed in conformance with and verifying approval by the City Council;
4.
The City Council shall ensure that the vacation, alteration, or amendment is recorded in the office of the Emery County recorder;
5.
An aggrieved party may appeal the City Council's decision to the 7th district court in and for Emery County, Utah.
(Ord. 2-2026, 3/18/2026)
A.
The fee owners of two parcels may petition to adjust the lot line separating the parcels without a subdivision amendment. Such a petition shall include:
B.
If the adjustment will not result in a violation of a land use ordinance or an adverse development condition, the City Council shall approve the petition.
C.
If the adjustment is approved, the City Council shall sign the record of survey map and accompanying metes-and-bounds description, and the petitioner shall record the document in the County Recorder’s Office.
(Ord. 2-2026, 3/18/2026)
(Ord. 2-2026, 3/18/2026)
A.
Improvements: Subdivision improvements must be completed within one year of recordation of the final subdivision plat, unless such time as is extended by the Huntington City Council. Development of an approved major subdivision may be carried out in progressive stages, in which event, each stage shall be planned and implemented in full compliance with the requirements and intent of this title at the completion of each stage, as explained in Section 9-12-3. Improvement requirements need not be installed beyond the approved boundary of the stage to be developed. The initial stage of a major subdivision being developed in stages shall not cover less than one acre.
B.
The following improvements are required for all subdivisions, except those that qualify under the Agricultural Land Exemption of Section 9-12-2.3:
1.
Slopes (if applicable).
2.
Fire standpipes.
3.
Fire hydrants.
4.
Provisions for handicapped.
5.
Roads.
6.
Curbs, gutters, sidewalks.
7.
Road grade.
8.
Cuts, fills, and retaining walls.
9.
Water, electricity, telephone, and natural gas.
10.
Any other infrastructure (or infrastructure improvement) that is reasonably necessary to meet the needs of the proposed development.
a.
The Land Use Authority may require an analysis to be completed and provided to determine if adequate public facilities and services are available to serve the proposed development and if such development will change the existing levels of service, or will create a demand for services that exceeds acceptable service levels. Public facilities that may be required by the Land Use Authority to be included in a public facilities analysis include but are not limited to, road and street facilities and capacities, intersection and bridge capacities, culinary water facilities, sanitary sewer facilities, storm drainage facilities, fire protection and suppression facilities, park and recreational facilities, culinary water pressure, fire and emergency services response times, police protection services, and other required public facilities and services. The Land Use Authority may deny or modify any proposed development activity if the demand for public facilities and services exceeds accepted or adopted levels of service, or requires an applicant for approval, license, or permit to provide the required facilities and services concurrent with the demand created by the development activity, consistent with all applicable legal authorities.
(Ord. 2-2026, 3/18/2026)
A.
Policy: In order to protect buyers of condominiums, subdivision projects, and other property in the City of Huntington against purchasing property on which the site improvement work is incomplete and which may not be completed, and to protect the public at large from dangerous and undesirable conditions that result from unfinished site improvements such as erosion, flooding, and blowing dust, it is the policy of the City of Huntington that no plat will be approved (when a plat is required) and that no certificate of occupancy will be issued (when plats are not required) on any building project within the City limits unless and until the site improvement work is completed or the developer of the property has provided adequate security to guarantee timely completion of the improvements.
1.
The decision whether to guarantee an improvement or to complete it before recording and obtaining a building permit rests solely with the applicant.
B.
Detailed Site Plans: A detailed site plan showing the location and nature of drainage work, grade changes, retaining walls, and landscaping, together with any trails, paths, or walkways shall be submitted to the building inspector prior to issuance of an occupancy permit. Site improvements shall be completed pursuant to this chapter and as shown in the detailed site plan.
C.
Construction According to Approved Plans: No plat will be approved and no certificate of occupancy will be issued unless that project and all required site improvements have been constructed in accordance with the plans approved by the building inspector, in accordance with Chapter 9-13, and on which the building permit is issued, except as specified in Section 9-12-5.3 (Security For Completion).
D.
All improvements are subject to City inspection before such improvements may be accepted by the City or considered complete. The Zoning Administrator shall be responsible for conducting such inspections. Improvements shall be accepted only if they conform to applicable City ordinances (notably Chapter 9-13 of this Title) and do not pose a risk to public health or safety. All public improvements are subject to the warranty described in Section 9-12-5.3.
E.
The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.
(Ord. 2-2026, 3/18/2026)
A.
Public Improvements Security: A security arrangement shall be one of the following types as dictated by the City:
1.
A bond with a surety company licensed to do business in the state of Utah; or
2.
An irrevocable letter of credit with a federally insured financial institution; or
3.
A cashier's check made payable only to the City; or
4.
A trust or escrow account with a federally insured financial institution designating the City as beneficiary.
a.
Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the City. The City shall not be required to pay interest to the developer on any non-interest-bearing escrow account established for this purpose.
B.
In the event that buildings on the property are completed before other required on site improvements are completed, and the site improvements cannot be completed simultaneously with the completion of the building due to weather or other conditions beyond the control of the developer (excluding financial inability to perform); or as it relates to subdivisions, in order to record a final plat prior to completion of off-site improvements, the City may grant final plat approval or issue the certificate of occupancy for all or part of the project prior to the completion of site improvements provided that all of the following conditions are met:
1.
The building or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished and the building inspector determines that occupancy of the buildings, or portions thereof, prior to completion of required on and off site improvements, is safe, and that access for emergency vehicles is adequate with the site improvements unfinished.
2.
In regard to subdivisions, the building inspector approves all final construction plans, a development agreement has been approved by the City attorney and executed by the owner/developer, and the developer posts adequate security for the benefit of the City of Huntington and the public to ensure completion of the site improvements in full compliance with the approved plans within two years from the date of plat approval (if required) or one year from the date of issuance of the certificate of occupancy, whichever occurs first.
C.
The City shall not require improvement guarantees for any of the prohibited uses listed in Section 10-9a-604.5(3)(d), Utah Code Annotated,[1] including improvements the City has previously inspected and accepted, private improvements that are not essential to meet the building code, fire code, flood or stormwater management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation.
[1]
Editor's Note: Section 10-9a-604.5, Utah Code Annotated, was renumbered effective 11/6/2025 to Section 10-20-807, Utah Code Annotated.
D.
Upon acceptance of all required improvements, the applicant shall warrant that said improvements shall remain free from defects in material and workmanship for a period of 12 months after the date of acceptance by the City. The subdivider shall be solely responsible for all repairs and maintenance required to keep the improvements in good working condition for this 12-month period.
(Ord. 2-2026, 3/18/2026)
A.
The amount of the security to be posted by the developer shall be determined by the City Council and shall be equal to 110% of the amount reasonably estimated by an engineer’s estimate or licensed contractor’s bid as being necessary to complete all remaining on and off-site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the City, the developer may present lower construction costs supported by binding written contracts between the developer and licensed contractors or subcontractors qualified to perform the required work at a stated, fixed price.
B.
A full performance bond, ensuring performance by the subcontractor or contractor, must accompany these contracts. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be 110% of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing work not covered by the contracts, if any. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract. The amount of security required for single-family homes shall be the reasonable estimated cost of construction of any retainage and drainage and the estimated cost of landscaping to the extent necessary to hold soil in place.
(Ord. 2-2026, 3/18/2026)
All public improvements required under this chapter shall be installed by a contractor or subcontractors licensed by the state of Utah. Such license is for the work to be performed, and the contractor and subcontractors must provide copies of their current licenses.
(Ord. 2-2026, 3/18/2026)
Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the City. The City shall not be required to pay interest to the developer on any escrow for this purpose.
(Ord. 2-2026, 3/18/2026)
A.
The City of Huntington shall relinquish funds held or security posted for the purpose of paying for site improvement work performed according to the plans as that work is completed. The City shall release funds equal to the actual cost of performing the work as the work progresses minus 10%. Upon satisfactory completion of all required site improvement work, as determined by the Zoning Administrator, all funds shall be immediately released to the developer.
B.
As improvements are completed, inspected, and accepted by the City, the City Council shall, each quarter, at the option of the applicant, issue a partial release of bonded or escrow funds proportional to the improvements accepted during the prior quarter.
(Ord. 2-2026, 3/18/2026)
A developer may request modifications to plans covering site improvement work by submitting revised plans to the City for review and final action. If modification of the plans increases the cost of required site improvements, the developer shall be obligated to cover the increased costs and must provide additional security.
(Ord. 2-2026, 3/18/2026)
Site improvements applicable to each phase of a phased project or development shall be completed or security for completion provided as each phase is constructed and either platted or occupied. Site improvements or other phases of the project shall be completed or security offered as those phases are completed.
(Ord. 2-2026, 3/18/2026)