Subdivisions on Existing County & State Roads or Private Roads & Drives – 

No Public Improvements Required by Developer

Utah Code 17-27a-603 states that whenever any land is laid out and platted, the owner of the land shall provide an accurate plat, that the plat conforms to the county’s ordinances and has been approved by the culinary water authority and sanitary sewer authority, that the land has tax clearance, that the owner of the land is authorized to convey the real estate, and that the plat has been properly recorded in the county recorder’s office. The Utah Code does allow exemptions from the plat requirement for agricultural land divisions:

17-27a-605. Exemptions from plat requirement.

(1) Notwithstanding Sections 17-27a-603 and 17-27a-604, the land use authority may approve the subdivision of unincorporated land into ten lots or less without a plat, by certifying in writing that:

(a) the county has provided notice as required by ordinance; and

(b) the proposed subdivision:

(i) 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;

(ii) has been approved by the culinary water authority and the sanitary sewer authority;

(iii) is located in a zoned area; and

(iv) conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

(2)

(a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 17-27a-603 if the lot or parcel:

(i) qualifies as land in agricultural use under Section 59-2-502;

(ii) meets the minimum size requirement of applicable land use ordinances; and

(iii) is not used and will not be used for any nonagricultural purpose.

(b) The boundaries of each lot or parcel exempted under Subsection (1) shall be graphically illustrated on a record of survey map that, after receiving the same approvals as are required for a plat under Section 17-27a-604, shall be recorded with the county recorder.

(c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the county may require the lot or parcel to comply with the requirements of Section 17-27a-603.

(3) (a) Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection (1)(a)(ii) is attached to the document.

(b) The absence of the certificate or written approval required by Subsection (1) does not affect the validity of a recorded document.

(c) A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached in accordance with Section 57-3-106. 

Carbon County is interested in streamlining the subdivision review process for Subdivisions which do not require public improvements to be installed by the developer. Under Utah Law and Carbon County Ordinance, anytime a property is split or divided, a subdivision plat or an agricultural waiver must be filed in the Recorder’s office. Even if you are only giving a lot to relatives for a home, a subdivision plat must be filed before Carbon County will issue a building permit for that home.

When dividing up farm or other agricultural land, by Utah law, an agricultural waiver must be applied for and approved if there are areas of land “left over” in your parcel after the division to create a lot. To qualify for this exemption to the state subdivision laws, the land must be taxed as Farmland or “Greenbelt”. 

If your small subdivision will result in land being left out of the plat, you must also show that land on a separate plat and ask the Zoning Administrator for An Agricultural Waiver application to be administered concurrently with the subdivision plat. Call the County Assessor, if you have questions at 435-636-3248.

Carbon County currently allows this type of subdivision to be approved in the following way:

Subdivisions up to 9 lots may be approved by the Planning Commission which generally meets the     first Tuesday of each month at 4:30 PM.

In order for the Planning Commission to approve your proposed subdivision, you must submit to the Zoning Administrator the following information at least 2 weeks before the meeting:

1. Application fee for the proposed Subdivision paid to Planning Department
   • Final subdivision application fee-$100.00 plus $50.00 per extra lot
   • Plat review fee-$160.00 or actual cost per plat review
2. A plat, prepared to County standards, by a Licensed Professional Surveyor of the land to be divided. The surveyor must survey the land before preparing the plat, so it is best to make contact and arrangements as soon as possible.
3. A letter or other evidence must be obtained either from Price River Water Improvement District or the water company which will provide water to your lot(s) showing that you have met their requirements for connection to their system. Normally you must also provide a Scofield Reservoir water share to be eligible for a culinary connection. If you are in an outlying area, you must either meet the requirements of the Health Department for the proper installation of  a cistern, turn over a share of Scofield water and haul the water, or meet the requirements of the State Engineer for development of a well or spring. 
4. You must submit a fire flow test from the Price River Water Improvement District, or the local fire department serving the area of the proposed development. The County requires a minimum flow of 500 gallons per minute, with a reduction allowed to 250 gallons permitted for the installation of an automatic fire sprinkling system, or when approved by the fire chief.
5. A letter or other evidence must be obtained from Price River Water Improvement District showing that you have met the District’s requirements for connection to their central sewer system or, a letter from the from the Southeastern Health District if sewer is not available, stating a suitable private or central wastewater disposal system (septic) is approved for the development.
6. The plat must show how you will obtain access to your proposed lot(s). Carbon County regulations do allow Private Common Drives in some cases. If you plan a Private Drive, you must either actually install it to County Standards prior to approval of the subdivision, or you must execute a Development Agreement to ensure the installation, or obtain a financial guarantee to ensure the construction of the drive in the form of a letter of credit or performance bond.
7. A storm drainage plan prepared by a Professional Engineer, Contractor or qualified design professional for the proposed subdivision.
8. Approval from the County Roads Administrator, County Road Supervisor or Utah Department of Transportation regarding permanent access to your lot(s). Call (435) 636-3268 for County roads, or (435) 636-1470 for State Roads
9. Approval from the County Weed Supervisor for control of noxious weeds. Call (435) 636-3270

After you have met with a representative of the County Planning Department and you understand the requirements of the zone in which your subdivision will be located and all items have been completed and received, you will be put on the agenda for the Planning Commission for review of your application.  Please feel free to contact us between the hours of 8 AM and 5 PM for further information. After your proposed subdivision has been scheduled for a meeting and approved by the proper authority, the plat must be recorded in the Office of the County Recorder at your expense and will be a permanent record of the land division. 

You should plan on 60 to 90 days to obtain final approval and filing or recording of your Subdivision before you may obtain a building permit. Remember, these regulations are the minimum standards which must be met to comply with State and County Laws. You may exceed these standards if you wish to develop a higher standard subdivision. Many subdivisions contain special features such as trails, landscaping, open space, or other improvements and attractions. Carbon County does not supply electrical energy for street lighting. If you plan lighting or other special features, you will need to form a homeowners association to maintain them. We are administering your request in this manner because of the information you have given us. If it is later found to be incorrect, it may be that we will not be able to administer your request, or it may need to be reviewed as a Subdivision with public improvements. We cannot administer incomplete applications.

Contact this office at (435) 636-3260 for Minimum Standards for Subdivision Plats if your Surveyor is not familiar with our Requirements

Signature Blocks on Subdivision Plats

The following signature block shall be used for subdivisions up to 9 lots approved by the Planning Commission:

Agency Contacts

Price River Water Improvement District
District Manager
(435) 637-6350

Southeastern Utah Health District
(435) 637-7515

Utah Division of Water Rights
Regional Engineer
(435) 613-3753

County Road Administrator
(435) 636-3268

Carbon County Engineer
(435) 636-3231

Local Professional Land Surveyors:

Cody Ware
(435) 637-2620 / (435) 820-4335

Jones & DeMille
(435) 637-8266

Johansen & Tuttle
(435) 381-2523

Ben Grimes
(435) 609-1963

Evan Hansen
(435) 637-5748 / (435) 630-6661

Albert Spensko
(435) 472-5596

You may also find licensed Surveyors at dopl.utah.gov.

Subdivision with Private Improvements Application 2020 (PDF)

Utah Code 17-27a-603 states that whenever any land is laid out and platted, the owner of the land shall provide an accurate plat, that the plat conforms to the county’s ordinances and has been approved by the culinary water authority and sanitary sewer authority, that the land has tax clearance, that the owner of the land is authorized to convey the real estate, and that the plat has been properly recorded in the county recorder’s office.

Under Utah Code, any land divided through an agricultural waiver cannot be developed in any manner other than agricultural use for a period of one (1) year from the date of the issuance of the agricultural waiver. If it is the intention of the property owner to develop the property described within the agricultural waiver, an application for a subdivision must be applied for through the Planning and Zoning Department and all subdivision requirements must be met at that time.

The Utah Code does allow exemptions:

https://le.utah.gov/xcode/Title17/Chapter27A/17-27a-S605.html?v=C17-27a-S605_2020051220200512 

Carbon County is interested in streamlining the subdivision review process for Subdivisions which do not require public improvements to be installed by the developer. Under Utah Law and Carbon County Ordinance, anytime a property is split or divided, a subdivision plat or an agricultural waiver must be filed in the Recorder’s office. Even if you are only giving a lot to relatives for a home, a subdivision plat must be filed before Carbon County will issue a building permit for that home.

When dividing up farm or other agricultural land, by Utah law, an agricultural waiver must be applied for and approved if there are areas of land “left over” in your parcel after the division to create a lot. To qualify for this exemption to the state subdivision laws, the land must be taxed as Farmland or “Greenbelt”. 

If your small subdivision will result in land being left out of the plat, you must also show that land on a separate plat and ask the Zoning Administrator for An Agricultural Waiver application to be administered concurrent with the subdivision plat. Call the County Assessor, Gillan Bishop, if you have questions at (435) 636-3248.

Carbon County currently allows this type of subdivision to be approved in the following way:

Planned Mountain Home Development may be approved by the Planning Commission which generally meets the first Tuesday of each month at 4:30pm. 

In order for the Planning Commission to approve your proposed Planned Mountain Home Development, you must submit to the Zoning Administrator the following information at least 2 weeks before the meeting:

1. Submit application for Planned Mountain Home Development and application fees.
2. Submit conditional use permit and $100.00 application fee to the Zoning Administrator at least two weeks prior to the first Tuesday of the month.
3. The Developer of the proposed project shall meet with County staff to discuss the basic concept of the development and to obtain information concerning the County’s and this Code’s (5.2 Planned Mountain Home Development) requirements for zoning approval and compliance, conditional use permit, along with concept construction plans, and other required data to be submitted to obtain building permits.
4. A plat, prepared to County standards, by a Licensed Professional Surveyor of the land to be divided. The surveyor must survey the land before preparing the plat, so it is best to make contact and arrangements as soon as possible.
5. A letter or other evidence must be obtained either from the State Engineer that water rights are owned by the developer and may be approved for development which will provide water to your lot(s). Normally you must also provide a Scofield Reservoir water share to be eligible for a culinary connection. If you are in an outlying area, you must either meet the requirements of the Health Department for the proper installation of a cistern, turn over a share of Scofield water and haul the water, or meet the requirements of the State Engineer for development of a well or spring. 
6. A letter from the Southeastern Health District if a sewer is not available, stating a suitable private or central wastewater disposal system (septic) is approved for the development.
7. The plat must show how you will obtain access to your proposed lot(s). Carbon County regulations do allow Private Common Drives in some cases. If you plan a Private Drive, you must either actually install it to County Standards prior to approval of the Planned Mountain Home Development, or you must execute a Development Agreement to ensure the installation, or obtain a financial guarantee to ensure the construction of the drive in the form of a letter of credit or performance bond.
8. A storm drainage plan prepared by a Professional Engineer, Contractor or qualified design professional for the proposed Planned Mountain Home Development.
9. Approval from either the County Roads Administrator, County Road Supervisor or Utah Department of Transportation regarding permanent access to your lot(s). Call (435) 636-3268 for County roads, or (435) 636-1470 for State Roads.
10. Approval from the County Weed Supervisor for control of noxious weeds. Call (435) 636-3270.

After you have met with a representative of the County Planning Department and you understand the requirements of the zone in which your Planned Mountain Home Development will be located, and you have read these instructions, please feel free to contact us between the hours of 8am and 5pm for further information. After your proposed Planned Mountain Home Development has been scheduled for a meeting and approved by the proper authority, the plat must be recorded in the Office of the County Recorder at your expense and will be a permanent record of the land division. 

You should plan on 60 to 90 days to obtain final approval and filing or recording of your Planned Mountain Home Development before you may obtain a building permit. Remember, these regulations are the minimum standards which must be met to comply with State and County Laws. You may exceed these standards if you wish to develop a higher standard Planned Mountain Home Development. Many Planned Mountain Home Developments contain special features such as trails, landscaping, open space, or other improvements and attractions. Carbon County does not supply electrical energy for street lighting. If you plan lighting or other special features, you will need to form a homeowners association to maintain them. We are administering your request in this manner because of the information you have given us. If it is later found to be incorrect, it may be that we will not be able to administer your request, or it may need to be reviewed as a Planned Mountain Home Development with public improvements. We cannot administer incomplete applications.

Contact this office for Minimum Standards for Subdivision Plats if your Surveyor is not familiar with our Requirements

Signature Blocks on Mountain Home Development Plats

The following signature blocks shall be used with a Mountain Home Development

CARBON COUNTY PLANNING COMMISSION ____________________________________          ________________ Richard Tatton, Planning Chairman                     Date

OFFICE OF CARBON COUNTY ENGINEER _______________________________________       ________________ Contract County Surveyor                               Date

CARBON COUNTY COMMISSION ______________________________________        _________________ Commission Chairman                                 Date   ATTEST:___________________________          Seth Marsing, County Clerk

Recorded ______________ State of Utah, County of Carbon, Recorded and filed at the request of ____________________________________ Date ___________  Time _____________  Book ________Page ________ ________________________________________ Karla Medley, County Recorder

 

Agency Contacts

Price River Water Improvement District
District Manager
(435) 637-6350

Southeastern Utah Health District
(435) 637-3671

State of Utah Division of Water Rights
(435) 613-3753

Carbon County Road Supervisor
(435) 636-3652

Carbon County Engineer
(435) 636-3231

Local Professional Land Surveyors:

Albert Spensko
(435) 472-5596

Cody Ware
(435) 637-2620 / (435) 820-4335

Ben Grimes
(435) 609-1963

Evan Hansen
(435) 637-5748 / (435) 630-6661

Jones & DeMille
(435) 637-8267

Johansen & Tuttle
(435) 381-2523

Planned Mountain Home Development Application (PDF)

This packet contains information to assist you in applying for a Conditional Use Permit for the following types of projects including but not limited to:

• Industrial Projects
• Manufacturing, Compounding, Processing, Fabrication and Warehousing of Goods and Materials
• Mountain Recreation Projects
• Natural Gas Production Facilities and Compressor Stations
• Major Utility Transmission and Railroad Projects
• Sites for Construction Companies
• Truck Terminals
• Mine and Well Machinery and Storage
• Hotels, Motels and Apartments
• Buildings, Silos, and Structures for Agricultural Products, Fruits, Vegetables
• Forest and Plant Nurseries and Greenhouses
• Water Treatment Plants
• Institutional Campgrounds
• Public and Parochial Schools
• Bed and Breakfast Facilities
• Lodging Houses
• Automobile Service Establishments
• Communication Towers
• Public and Private Airports
• Caretaker Dwellings
• Single Family Dwellings
• Minor Utility Transmission Projects
• Major Utility Transmission Projects
• Automobile and Motorcycle Racetracks
• Intermediate Security for Minor’s facilities
• Residential Support Facilities
• Residential Treatment Facilities
• Outpatient Treatment facilities
• Social De-Tox facilities
• Day Treatment Facilities
• Electric Power Generating Plants
• Mines, Pits and Quarries
• Petroleum Products Processing and Storage Areas
• Automobile Wrecking and Salvage Yards
• Storage, Processing and Loading of Earth Products
• Animal Hospitals and Veterinarian Services
• Livestock and Commodity Auctions
• Animal Hospitals and Veterinary Clinics
• Fairgrounds, Arenas, Racetracks, Training and Correctional Facilities
• Exploratory and Production Wells
• Underground and Surface Mines
• Factory Built and RV Parks
• Dude Ranches
• Rental Cabins
• Reservoirs over 10 acre feet in capacity

INSTRUCTIONS

A meeting with County staff will determine if your proposed project will require a Conditional Use Permit.  This is determined by where the project is to be located, which zoning district it is in, and whether such uses are allowed or not.  Some land uses are only allowed with a Conditional Use Permit approved and issued by Carbon County.

1. Meet with staff to determine the zoning district your project will be in and whether a Conditional Use Permit is required or not.
2. If a Conditional Use Permit is required, complete the following items and submit to the Planning Department at least two weeks prior to the first Tuesday of the month or as required by the Zoning Administrator.
   • Application
   • Detailed description of proposed use, including any parking, building access and equipment used
   • Impacts and how they will be mitigated
   • 8.5 x 11 location map
   • Site and Building Plan showing property lines, setbacks, structures, utilities, roads
   • Dept. Sign offs from County Engineer/Roads-Access/Weeds
   • $300.00 Application fee
   • Engineers estimate of cost of project
3. Present your request to the Planning Commission, which meets the first Tuesday of every month, and explain the details of the project.  The Planning Commission will go through the conditions required and consider whether the project be approved or denied. You may also present to the Zoning Administrator in office, if recommended by the Zoning Administrator. (10 day public notice is required)
4. Your presentation to the Planning Commission or Zoning Administrator should address the following possible concerns to assure that the proposed use will be harmonious with neighboring uses, will comply with the Utah Code, the County Development Code, and Master Plan:
   1. Conditions relating to health, including water and sewer hookup/disposal issues.
   2. Conditions relating to safety.
   3. Conditions relating to noise.
   4. Conditions relating to compliance with the Master Plan or special characteristics of the zoning district in which the project will be located.
   5. Conditions relating to performance of completion of the project.
   6. Conditions relating to County roads.
   7. Conditions relating to the effect of the use on neighboring and nearby properties.
   8. Conditions relating to the public's interest in general, such as impacts on watersheds, recreation, wildlife, aesthetics, etc.
   9. Permits, licenses, or other certifications that may be required by other governmental entities.
5. Upon approval by the Planning Commission or Zoning Administrator, submit an engineer’s estimate of the total cost of the project.  This amount will be multiplied by .2% (.002), which is the fee for a Conditional Use Permit.  If this computed amount is less than $300, the fee is covered by the application fee mentioned in number 2, above.  If more than $300.00, any additional amount is due before the Permit will be issued.
6. If approved with the Zoning Administrator in office, the County must advertise (notice) the approval for a minimum 10 days in the local paper, and the Utah State Public Notice Website to receive any public appeal requests.  You the applicant will be charged for an advertisement placed in the Sun Advocate newspaper noticing the approval.
7. If no appeals are received, the CUP with conditions set will be signed with a notary by you and the Planning Commission Chair. Upon receipt of all zoning fees, approval noticed, and all signatures acquired, staff will issue the Conditional Use Permit and will be recorded on the parcel with the County Recorder.

Following is a list of persons who can assist you in making application:

Carbon County Planning
(435) 636-3261

County Road Department
(435) 636-3268

County Weed Department
(435) 636-3270

County Engineer Department
(435) 636-3231

State Road Department
(435) 636-1470

SE Utah District Health Department
(435) 637-3671

Utah State DEQ
(435) 637-3671

PRWID, Water & Sewer
(435) 637-6350

SRSSD, Scofield Reservoir Area Sewer
(435) 636-3220

Utah State Engineer, Water Rights & Well Permits
(435) 613-3750

DOGM, Gas Wells & Mines
(435) 613-5659

Conditional Use Permit Application 2019 (PDF)

INSTRUCTIONS TO AMEND, VACATE, OR ALTER AN EXISTING RECORDED SUBDIVISION

1. Meet with the Zoning Administrator to review the proposed amendment and become familiar with the lot size, frontage, and other requirements of the Development Code and the zone where the subdivision is located.
2. Complete and submit to the Zoning Administrator your application and petition (see attached) to vacate, amend, or alter the plat. This will need to be submitted at least 3 weeks before the meeting. Remember that you will be financially responsible for the preparation of the new plat and all other zoning fees, plus the cost of the advertisement for the public hearing to be held by the Planning Commission to consider your proposal. You must also pay all recording fees for the new plat, which must be prepared by a licensed Utah Professional Land Surveyor. You will also need to record any necessary title-deed work prepared by a title company. (check with your surveyor or title company). As the Developer, you will also be responsible for meeting the requirements for sewer or septic and for water rights and or shares for any new lots created.
3. The Zoning Administrator will schedule your petition and request to vacate or amend on the agenda of the next available regular Planning Commission Meeting for their review and to schedule the Public Hearing (if required-see below).
4. Planning staff will prepare and publish the notice of the public hearing in the local newspaper, for which you, the Developer will pay. A State required ten (10) day minimum advertising period for public notices is required before the Public Hearing date.
5. The Planning staff will assist the developer to give notice of the proposed plat change by mailing a copy of the public hearing notice to each property owner within the affected subdivision being proposed for change.
6. The Planning Commission will hold a public hearing to hear public comments and consider approval of the proposed vacation, alteration, or amendment, and will vote to either approve or disapprove the change.
7. If the petition to vacate, alter, or amend a plat does NOT involve a public street or road, and if the Developer is able to obtain the signature of ALL owners of record of the land contained in the entire plat, consenting to the vacation, alteration, or amendment, no public hearing will be required (unless a new lot is being created); the new plat will be considered by the Planning Commission, and upon their approval of the change, can be signed by all appropriate entities, and recorded. Other exceptions apply-See Utah State Code - 17-27 a-608

Regulating Agencies and phone numbers:

Price River Water Improvement District (PRWID)
(435) 637-6350

Southeastern Utah Health District
(435) 637-6371

State of Utah State Water Rights Engineer
(435) 637-1303

Carbon County Road Shop and Access
(435) 636-3652

Carbon County Public Lands
(435) 636-3712

Carbon County Engineer
(435) 636-3231

Local Professional Land Surveyors:

• Cody Ware - (435) 820-4335
• Ben Grimes - (435) 609-1963
• Albert Spenkso - (435) 472-5996
• Evan Hansen - (435) 630-6661
• Jones & DeMille - (435) 637-5766
• Johansen & Tuttle - (435) 381-2523

For more Utah State licensed surveyors go to dopl.utah.gov

Amend-Vacate Subdivision Application 2020 (PDF)

INSTRUCTIONS

A meeting with County staff can determine if your proposed project meets zoning requirements for the area. If not and you decide to petition for a zone district change, please use the following procedure:

1. Determine the zone which is most compatible with your proposed project.
2. Complete the attached request to include the reasons for your request. The Planning Commission will only consider requests when accompanied by a full description of the project, a concept plan, and expected impacts to the area or neighborhood.
3. Include a complete legal description of the property to be re-zoned and site map of parcel to be rezoned.
4. Pay a fee to the County of $300.00.(Per Carbon County Ordinance 521)
5. The Deadline for submission of the above application and fees is three weeks prior to the first Tuesday of each month, when the Planning Commission meets.
6. A State required public hearing will be placed on the agenda and a public notice will be advertised in the local newspaper a minimum of 10 days prior to the hearing. You will be billed for the advertisement.
7. Prior to the public hearing, staff will assist you in notifying all adjacent land owners of the hearing by mail. Documentation of the notification must be in your file.
8. After consideration at a regular meeting, the Planning Commission will make a recommendation to the County Commission, who makes the final determination. In some cases the Planning Commission makes a recommendation against the zone change. You still have a right to go before the County Commission for a final determination
9. This application in no way represents an approval.

Zone Change Application 2019 (PDF)

The Administrative Hearing Officer shall hear and decide:

• Appeals from zoning decisions applying the Development Code or land uses; and
• Variances, waivers, or modifications of the requirements of the Development Code.
• Alleged errors in Enforcement: The applicant or any other person or entity adversely affected by a decision administering or interpreting this code may appeal that decision by alleging that there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the administration or interpretation of the Development Code. Any officer, department, board, or bureau of the County affected by the grant or refusal of a building permit or by any other decisions of the Zoning Administrator in the administration or interpretation of the zoning ordinance may appeal any decision to the Hearing Officer. The person or entity making the appeal has the burden of proving that an error was made. Only decisions applying to the ordinance may be appealed to the Hearing Officer. A person may not appeal, and the Hearing Officer may not consider, any zoning ordinance amendments. Appeals may not be used to waive or modify the terms or requirements of this code.

2.2  APPEALS, APPEAL AUTHORITIES, AND REQUESTS FOR VARIANCES

2.2.1 Appeals Considered.  All land use decisions made or issued by any Land Use Authority designated herein may be appealed to an Administrative Hearing Officer within 30 days of the issuance of a decision of the Land Use Authority.  

2.2.2 Variances.  A request for a waiver of or variance to a land use ordinance shall be heard by an Administrative Hearing Officer. Variances and waivers that may be considered include, but are not limited to, the following:

1. Building setbacks from property line 
2. Structure height requirements
3. Exploratory or production well locations
4. Parking facilities
5. Landscaping
6. Utility requirements
7. Livestock and animal locations and density

2.2.3 Appointment of Administrative Hearing Officer.  The Administrative Hearing Officer shall be appointed by the Board of County Commissioners. The Board of Commissioners may at their discretion appoint more than one Hearing Officer.  If more than one Hearing Officer is appointed, the Hearing Officers will alternate hearing cases, and shall substitute for each other when the appointed officer is unavailable.  An Administrative Hearing Officer may enlist the assistance of a geologist, structural engineer, or other expert in the geologic sciences in making decisions pertaining to geologic hazards. Any costs associated with technical reports will be at no cost to Carbon County.   

 2.2.4     Conduct of Appeal Hearings – All hearings before an Administrative Hearing Officer shall be subject to the following rules and guidelines:

• Public notice of any appeal hearing shall be given as required for any meeting under the Utah Open and Public Meetings Act.  Notice of the appeal hearing shall be given to the parties at issue and to the owner of the underlying property no fewer than 10 days prior to the hearing.  Notice shall be deemed effective as of the date notice is mailed.  An applicant who fails to appear, or whose agent fails to appear, at a properly noticed meeting may be denied relief on the basis of the applicant’s absence at the hearing.
• All such hearings shall be recorded and minutes shall be made of said meetings.
• The appeal authority shall not be bound to follow rules of evidence
• A written decision shall be issued by the appeal authority after all evidence has been presented.  A copy of the decision shall be kept in the records of the Planning Department.
• The Administrative Hearing Officer is the final appeal authority for land use decisions and requests for waivers and variances within Carbon County.  A decision of an Administrative Hearing Officer may be appealed to the Seventh Judicial District Court of Carbon County within 30 days of the mailing of the written decision of the Administrative Hearing Officer. 

2.2.5 Standards on Variances and Waivers

(A). A variance or waiver may be granted only if it is reasonably and clearly determined that:

1. Literal enforcement of the requirements and provisions of this title would cause an unreasonable hardship on the owner that is not necessary to carry out the general purpose of this title; 
2. Special, unique, or exceptional circumstances or conditions are attached to the land but do not generally apply to other properties in the same zone; 
3. Granting the variance is essential to the beneficial enjoyment of a substantial property right possessed by other property owners in the same zone;
4. The variance will not:
   • be contrary to the public interest or welfare;
   • substantially affect the County master plan;
   • substantially injure or restrict the beneficial use and enjoyment of adjacent or nearby property; or 
   • permit a use not designated as a permitted or conditional use in the zone in which the land is situated;
5. The requesting person is the owner of the land, authorized agent of the owner, or a holder of a beneficial interest in the land;
6. The spirit and intent of this title are observed and substantial justice is done; and
7. There is no reasonable alternative.

(B). The appeal authority may not make a finding that there is an unreasonable hardship unless the alleged hardship: 

1. Is located on or closely and reasonably associated with the land for which the variance is sought; and 
2. Results from special circumstances which are unique to the land and not from conditions that are general to the neighborhood. 

(C). The appeal authority may find that special circumstances exist only if the special circumstances: 

1. Relate to the alleged hardship; and
2. Deprive the land of privileges granted to other properties in the same zone.

(D). The owner shall have the burden of proving that all of the above elements are met.

Admin Hearing Officer - Variance Application (PDF)

To Consider a Lot Line Adjustment the proposal must be in compliance with the following:

• Provide a copy of agreement between owners of adjacent properties adjusting their mutual boundary lines if:
  • No new dwelling lot or housing unit will result from the adjustment AND;
  • The adjustment will not violate any applicable land use ordinance.
  • The lots are not in a recorded Subdivision

This application must contain the following:

• Complete Application and checklist, with all appropriate documentation;
• Provide a copy of the plat as it is now recorded with the Carbon County Recorder
• Provide the new legal descriptions from a licensed certified surveyor and copies of documents (deeds) to be recorded;
• Provide a drawing of the proposed Lot Line Adjustment, including:
  • Acreage of each lot;
  • Lot line dimensions;
  • Existing structures;
  • Septic tanks; and
  • Drainfields.

Lot Line Adjustment Application (PDF)

APPLICATION FOR A WAIVER FOR AGRICULTURAL LAND

Utah Code 17-27a-603 states that whenever any land is laid out and platted, the owner of the land shall provide an accurate plat, that the plat conforms to the county’s ordinances and has been approved by the culinary water authority and sanitary sewer authority, that the land has tax clearance, that the owner of the land is authorized to convey the real estate, and that the plat has been properly recorded in the county recorder’s office.

Under Utah Code, any land divided through an agricultural waiver cannot be developed in any manner other than agricultural use for a period of one (1) year from the date of the issuance of the agricultural waiver. If it is the intention of the property owner to develop the property described within the agricultural waiver, an application for a subdivision must be applied for through the Planning and Zoning Department and all subdivision requirements must be met at that time.

The Utah Code does allow exemptions from the plat requirement for agricultural land divisions:

https://le.utah.gov/xcode/Title17/Chapter27A/17-27a-S605.html?v=C17-27a-S605_2020051220200512

 

APPLYING FOR AN AGRICULTURAL WAIVER

Please meet with Planning Staff to see if you qualify for an agricultural waiver.

In  order  for Planning Staff  to  approve  your  waiver  or  exemption,  you  must  submit the following

Pre-information:

1. A completed application (must be done before deed)
2. A legal description prepared by a licensed surveyor of the property or properties to be divided
3. A plot plan/survey showing where the land is to be divided and the new acreage (lots must be 5 acres or more to qualify)

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Title Company - Please include this wording on the deed:

Language for Title Company to include on deed: (Please check for correct Exhibit letter)

Contact planning@carbon.utah.gov for more info.

This parcel is created without the recording of a formal subdivision plat pursuant to an agricultural waiver granted by the Carbon County Director of Planning and Zoning Administrator on (date of planning approval), a copy of which is attached hereto as Exhibit “A”, as authorized by U.C.A. §17-27a-603 and §17-27a-604 and Carbon County Development Code Section 6.2.2. Pursuant to said waiver, the use of this parcel for residential or non-agricultural use is precluded until a formally approved subdivision plat is recorded with the Carbon County Recorder approving non-agricultural use. A building permit shall not be issued for any structure on said parcel until a formally approved subdivision plat has been recorded with the Carbon County Recorder.

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Once all documents are received and reviewed for code compliance:

1. You will sign with a notary your deed prepared by the title company
2. You will sign with a notary the Owners Notice pursuant to U.C.A. 17-27a-605(2)(a)(ii) (provided by Planning Dept.)
3. You or the title company will bring in all documents to Zoning Administrator when ready to record.
4. Zoning Administrator will issue the Certificate of Agricultural Waiver.
5. You or the title company will record deed, notarized Owners Notice and Certificate of Agricultural Waiver with Carbon County Recorder’s office.
6. Contact the Carbon County Assessor’s office for Application for Agricultural Land (Greenbelt) within 30 days of recording

The Certificate of Waiver will become a permanent record until such time as the land use or ownership changes.

After you have met with a representative of the County Planning Department and you understand the requirements for a waiver, please feel free to contact us between the hours of 8 AM and 5 PM at (435) 636-3260 for further information.

When dividing up farm or other agricultural land, by Utah law, an agricultural waiver must be applied for. In order to qualify for this exemption to the State subdivision laws, the land must be taxed as Farmland or “Greenbelt”.

https://propertytax.utah.gov/real/faa/

Agricultural Land Waiver Application (PDF)

View Road Services

 

Caretaker Dwelling Application (PDF)

 

Temporary Use Permit Application (PDF)

Uses permitted in a Mountain recreation development shall be limited to the following:

1. Mountain recreation vehicle courts subject to all design and improvement standards for such uses as adopted by the County.
2. Restaurants, gasoline service stations, convenience food stores, bait shops, and similar commercial establishments when included as an integral but incidental part of a mountain recreation vehicle court. 
3. Guest cabins.
4. One-family dwellings, conventional construction and factory built when used as a caretaker dwelling subject to the conditions of Section 3.3.26 of this Code.  Also, customary residential accessory structures. 
5. Camping and picnic facilities.
6. Driveways, streets, parking areas, common storage areas, landscape features, and similar uses and structures.
7. Recreation vehicle watering and sanitary dump stations.

Approval
The County Commission shall set application and zoning administration fees by Resolution. Any additional fees for complex or unusual projects or extra costs incurred by the County for processing the application shall be based on the actual extra time and expense incurred in processing and reviewing the application.  Documentation of the actual time and associated costs of the additional fees will be provided on request to the developer.

Developer Meets with County Staff
The Developer of the proposed project shall meet with County staff to discuss the basic concept of the development and to obtain information concerning the County’s and this Code’s requirements for zoning approval and compliance, along with concept construction plans, and other required data to be submitted to obtain building permits. 

Developer Submits Plans, Documents, Statements, and Data
The developer shall submit to County staff all of the required applications, plans, documents, statements, data, approval from other agencies, along with any other documents required.  Also an itemized estimate of the cost to construct the project, along with payment of the applicable fees, no later than fourteen (14) days prior to the next regular scheduled meeting of the Planning Commission so that staff can review the materials submitted for completeness and place the item on the agenda for consideration by the Planning Commission.

Staff  Reviews Plans, Documents, Statements and Data, Take Action
The County staff will review the plans, documents, statements and other data submitted for approval of the proposed project for completeness and conformance with County standards, the Master Plan, and this Code.  After review the staff shall either:

1. Conclude that the application and documentation is complete and place the item on the agenda for approval by the Planning Commission, or
2. Conclude that the application and documentation are incomplete, then notify the developer that said application is incomplete, and inform the developer as to what portions of the application and documents are incomplete.

Planning Commission Takes Action
The Planning Commission shall review and discuss the proposed project and staff recommendations at a regular or special meeting, and shall act to disapprove, table, approve, or approve with modifications, the proposed project. If the proposed project is a subdivision, planned unit development, or other type of project which is required by this Code to receive other levels or stages of approval, the Planning Commission shall place the project item on the next Planning Commission agenda, and successive meeting agendas, for consideration of that next level of approval, as requested by the developer.

Approval or disapproval of the project by the Planning Commission shall not constitute final approval or disapproval of the project, but shall be deemed as a recommendation to the County Commission.

Board of County Commissioners takes action
Upon full and final approval by the Planning Commission of the proposed project, the action will then be advertised according to the law for a Public Hearing to be held before the County Commission.

Plan Required – Content
A detailed site plan of the proposed development shall be submitted.  Said plan shall contain the following:

1. A site plan showing the location of all buildings and facilities proposed for the development and designating the intended use of all areas.  
2. Engineering plans showing the location of proposed water and sewer lines and facilities, fire hydrants, and utilities.

Design Requirements
The layout and design of the development and the content of all required plats, engineered plans, and other required submissions shall be in accordance with County standards.

Water Rights Requirements
Satisfactory evidence of title to a permanent water right from a reliable water source in the amount necessary, as determined by the County, to meet minimum State Health requirements for all features of the project shall be submitted. 

Improvement Requirements
The following improvements shall be installed in the developments, provided that where a particular improvement is inapplicable for the project proposed, the County may waive the requirement. All required improvements shall meet minimum County standards and shall be completed within one year from the date of final approval of the project by the County Commission; except that, upon a showing of good and sufficient cause, the County Commission may authorize an extension of the time limit for a period up to six (6) months.  Financial assurances guaranteeing the construction of all required improvements shall be required as a condition of approval.  Said assurances shall be in accordance with the provisions of Section 7. 

1. Streets, driveways, and off-street parking areas.
2. Drainage and flood control structures and facilities.
3. Water and sewer mains, both on-site and off-site.
4. Culinary water supply and domestic sewage disposal facilities.
5. Fire hydrants.
6. Gas, electric, and telephone lines.
7. Landscaping in the open space area.
8. Fences, walls, and all other common areas, facilities, systems, and structures proposed for the development as shown on the final plans. 
9. Common storage area (when applicable).
10. Overhead lighting.

Developers may install other improvements; however, the construction of other improvements shall not be required as a condition of approval of a mountain recreation development. 

Required Documents
The following documents shall be prepared and submitted by the developer for each development, provided, that where a particular document required under this Section is inapplicable for the particular project proposed, the County may waive the requirement. 

1. Documents indicating satisfaction of water rights, water supply and sewage disposal requirements.
2. Development agreement.

Mountain Recreation Development Application (PDF)