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Tooele staff proposes code addition to address nonstandard land divisions; council asks who pays for later improvements
Summary
Staff proposed adding a section to the subdivision code to recognize nonstandard divisions of land (deeds recorded at the county) while requiring full subdivision compliance before land use approvals; council members sought clarity on responsibility for subdivision costs and protections for buyers of divided parcels.
Andrew Agard, Tooele City's community development director, presented a draft amendment to Tooele City Code chapter 7-19 on March 19 that would add a new section formalizing "nonstandard divisions of land." Agard said the change would put a local reference in the city code to a practice already permitted under state law and help staff require compliance before parcels created by deed receive building approvals.
Nut graf: The amendment would acknowledge that a deeded, nonstandard division can exist but would require parcel owners to meet all subdivision requirements ' including right-of-way dedication, public improvements, bonds and water-rights compliance ' before any land-use approval or building permit is issued for the divided parcel.
Agard told the council that the proposed language mirrors Utah Code 10-9a-103, which permits a county recorder to accept nonstandard divisions recorded by deed and that those divisions do not by themselves confer land-use approvals. He said the addition would give staff clear local authority to withhold development approvals until standard subdivision requirements are satisfied. "This provides me with some teeth," Agard said of the proposed section.
Council members asked practical questions. One member asked whether the buyer or the seller would normally be responsible for completing a nonstandard division; Agard said the allocation of cost is typically negotiated in the sale but that in practice the owner seeking to make the parcel marketable often completes the necessary paperwork. Council members also asked whether the change would apply only to small lots; Agard replied there is no lot-size restriction in the draft and that the same rules would apply to large parcels.
Agard and the council discussed potential drawbacks: the creation of nonconforming parcels that are not ready for development, and the risk that a buyer may not realize the costs involved in converting a deeded parcel into a buildable subdivided lot. Agard said these outcomes already occur under current state law and that the proposed city code change would help the city ensure those parcels are brought into compliance when a land-use application is filed.
Ending: Council members signaled general support for the concept and asked staff to post the amendment for planning commission notice and review. No vote was taken at the work session.
