The text
19-2-1 - Subdivision Development Process.#
The following steps are required: 1.
The Subdivider contacts the City for information concerning the City subdivision requirements and compatibility with the General Plan, and discusses the proposed plan of development prior to preparing any plats, plans or charts.
a.
If an applicant requests a pre-application meeting, Kaysville City shall, within fifteen (15) days after the request, schedule the meeting to review the concept plan and give initial feedback.
b.
At the pre-application meeting, the Staff shall provide or have available on the City website the following:
i.
Copies of applicable land use regulations;
ii.
A complete list of standards required for the project;
iii.
Preliminary and final application checklists; and
iv.
Feedback on the concept plan.
2.
The Subdivider pays the preliminary plat fee at the City Office.
3.
The Subdivider submits the following to the City for preliminary plat:
a.
The preliminary plat prepared by a registered engineer or surveyor and supporting documents as specified in KCC 19-3-3.
b.
A copy of the preliminary plat fee receipt.
c.
The Owner's affidavit.
d.
An electronic copy of all plans in PDF format.
4.
The Subdivider submits copies of the preliminary plat and any applicable utility load information to agencies and service providers as needed. If a State highway is involved, the Subdivider provides evidence of approval of access, curbs, gutters, and sidewalks by the Utah Department of Transportation to the City.
5.
City staff will review the documents and make recommendations. Fifteen (15) working days are allowed for completion of staff review for each submittal or re-submittal.
6.
Upon completion of the staff review, the City will notify the Subdivider and provide comments on any necessary modifications or required additional information.
7.
After a preliminary plat is submitted, the City shall provide a public comment opportunity, which shall:
a.
Include posting a notice at the proposed development site with instructions on how and when comments may be submitted.
b.
Encourage comments to identify specific sections of City code or standards which are applicable to the comment.
c.
Encourage a subdivider to meet with stakeholders prior to submitting a tentative final plat and solicit feedback regarding their proposed development.
8.
The Subdivider pays the final plat fee at the City Office.
9.
The Subdivider submits the tentative final plat to the City.
10.
City Staff checks the tentative final plat for compliance with conditions and returns one (1) copy to the Subdivider.
11.
The Subdivider submits the final plat and irrigation system drawings to any irrigation providers involved and obtains approval.
12.
The Subdivider submits the following to the City:
a.
The final plat prepared by a registered engineer or land surveyor in accordance with KCC 19-4-3.
b.
Cross sections and profiles of the streets and all other construction drawings related to all of the improvements to be constructed within the subdivision. All such drawings and materials must be signed and stamped by a registered professional engineer.
c.
Open space improvement drawings if applicable.
d.
Low Impact Development (LID) and/or storm water facility details. Depending on site conditions or complicating factors, the City may require a written geotechnical report supporting assumptions made when calculating the Water Quality Volume (WQV), as defined in the City's LID manual, and any subsequent calculations on infiltration and LID facility sizing.
e.
Title Report.
f.
Written results of a test for suspect soils in the area upon which public improvements will be constructed.
g.
Agreements, if applicable.
h.
Copy of final plat fee receipt.
13.
City staff will review the documents and provide comments on any necessary modifications or require additional information. Twenty (20) working days are allowed for completion of staff review for each submittal or re-submittal. No more than four (4) review cycle are permitted. The City may only add new relines after the first review cycle in response to changes made by the applicant or if a correction is necessary to protect public health or safety, or to enforce State or Federal law.
a.
If, on the fourth or final review, the City fails to respond within twenty (20) business days, the City shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received:
i.
For a dispute arising from the subdivision improvements plans, assemble an appeal panel in accordance with Utah Code to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the municipality, the panel shall consist of the following three (3) experts:
(1)
One (1) licensed engineer, designated by the City;
(2)
One (1) licensed engineer, designated by the land use applicant; and
(3)
One (1) licensed engineer, agreed upon and designated by the two (2) designated engineers, as appointed by the City and applicant.
ii.
A member of the panel assembled by the City may not have an interest in the application that is the subject of the appeal.
iii.
The land use applicant shall pay:
(1)
50% of the cost of the panel; and
(2)
The City's published appeal fee; or
iv.
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 a designated appeal authority.
14.
Upon completion of staff review, the City will notify the Subdivider.
15.
The City Attorney will review the documents submitted to ensure adequacy and sign the plat when approved.
16.
The Subdivider must then pay the following fees at the City Office:
a.
Development fees.
b.
Recording fees.
c.
Inspection fees.
d.
Utility extension fees.
17.
The Subdivider submits the Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) for the subdivision to the Storm Water Manager or their designee.
18.
The Subdivider and contractors and other representatives meet with City representatives in a preconstruction conference.
19.
The Subdivider submits an Excavation Permit application for work within City streets and/or right-of-way (KCC 9-2-9) and pays the necessary cash deposit and fee amounts.
20.
The subdivider constructs and installs all improvements, except the preventative maintenance surface treatment with inspection by the City. In the event the subdivider desires to begin construction of buildings before improvements are installed in the subdivision phase, the City may accept building permit applications upon compliance with all other requirements, including recording the plat, plus the following:
a.
The subdivider shall guarantee the proper installation of improvements in accordance with Kaysville City standards and specifications, by cash deposit furnished and filed with Kaysville City or escrow in an amount equal to one hundred ten percent (110%) of the cost of the installation of the improvements as determined by licensed contractor quote.
b.
Meet all requirements for the issuance of a building permit under the building and fire code.
c.
In accordance with building code, any retaining walls, or similar structures, in excess of four (4) feet from the bottom of the footing to the top of the wall, shall be designed by a licensed engineer. A report from, and stamped by the licensed engineer of record (or an agency approved by the City) shall certify the installed structure is compliant with the design.
d.
No final building inspection will be scheduled nor conducted and no occupancy allowed until all subdivision phase improvements have been completed and certified.
21.
The Subdivider has as-built drawings prepared and submits them, the Improvement Completion Assurance and Improvement Warranty to the City.
22.
The Public Works Superintendent certifies that the improvements are completed.
23.
The City Engineer addresses the lots on the plat and has the final plat recorded at the office of the Davis County Recorder and then building permit applications will be accepted.
24.
The City accepts the improvements and the Improvement Warranty Period begins.
25.
Near the end of the warranty period, the Subdivider requests a City Inspection of the improvements and the Subdivider corrects all deficiencies identified in the punch list provided by the City inspector.
26.
When the improvements comply with City standards as certified by the Public Works Superintendent, the Subdivider applies a preventative maintenance seal coat on all asphalt pavement in streets, then the Improvement Warranty Period ends and the Improvement Completion Assurance and Improvement Warranty are released.
(Ord. 18-8-2, 8/16/2018; Ord. 21-10-07, 10/21/2021; Ord. 24-01-03, 1/18/2024; Ord. 25-06-03, § 18, 6/19/2025)
19-2-2 - Preventative Maintenance Assurance.#
The Subdivider shall guarantee the proper completion of a preventative maintenance surface treatment (type to be approved by the City) equivalent on all asphalt pavement in streets in accordance with Kaysville City standards and specifications, by cash deposit furnished and filed with Kaysville City in an amount equal to one hundred ten percent (110%) of the cost of a preventative maintenance surface treatment on all asphalt in streets as determined by licensed contractor quote.
(Ord. 21-10-07, 10/21/2021; Ord. 24-01-03, 1/18/2024)
19-2-3 - Dedication of Rights-of-Way and Public Property.#
The Subdivider shall dedicate the rights-of-way, easements, and other public property to Kaysville City at the time the final plat is recorded.
19-2-4 - Completion Assurance and Improvement Warranty Bond.#
1.
Upon completing the installation of all improvements, the Subdivider shall request an inspection to determine if any improvements (not including private landscaping) have failed in any material respect. If the City determines that the improvements have failed, the City shall provide a list of the failures to the Subdivider. The Subdivider shall thereafter cause the improvements to comply with Kaysville City's Standards for Design, Materials, and Workmanship, as determined by the City. If the Subdivider refuses or neglects to do the listed work within thirty (30) days of notice by the City, the City may order the work done using the proceeds from the improvement completion assurance bond to defray expenses.
2.
Following satisfactory completion of any remedies to the failures listed, the City will accept the improvements, subject to receiving the Improvement Warranty Bond. The Subdivider shall provide to the Improvement Warranty deposit in an amount of ten percent (10%) of the actual costs of the improvements less the preventative maintenance surface treatment on all asphalt pavement in streets. The Warranty Bond may be in the form of a cash deposit or escrow account.
3.
No sooner than twelve (12) months after accepting the improvements, the subdivider shall again request an inspection, as previously detailed herein. If the Subdivider refuses or neglects to do the listed warranty work within thirty (30) days of notice by the City, the City may order the work done using the proceeds from the improvement warranty bond to defray expenses.
(Ord. 21-10-07, 10/21/2021; Ord. 24-01-03, 1/18/2024)
19-2-5 - As-Built Drawings.#
The Subdivider shall provide as-built drawings of all subdivision improvements before building permits are issued. The as-built drawings shall be twenty-four inch (24") by thirty-six inch (36") Mylar and a digital copy in an AutoCAD*.dwg format. These as-built drawings shall show, but not be limited, to the following: 1.
Location of water lines and laterals referenced to property corners.
2.
Location of sewer lines and laterals referenced to property corners.
3.
Storm drains, ground drains, drainage ditches, clean out boxes, and other fixtures.
4.
Location of irrigation water lines and laterals referenced to property corners.
5.
Location of electric system facilities referenced to property corners.
6.
Other items as directed by the City.
(Ord. 24-01-03, 1/18/2024)
19-2-6 - Condominium Projects - Subdivision.#
1.
A condominium project shall be considered to be a subdivision, and a Record of Survey Map or supplement thereto prepared pursuant to Utah Code, shall be considered to be a subdivision map or plat with respect to such real property or improvements that are to be dedicated to the use of the public, and to those units which are not contained in existing or proposed buildings.
2.
Condominium projects shall comply with all the provisions of the Zoning Ordinance; the building, health, and similar development regulations and ordinances of Kaysville City; and with the Kaysville Subdivision Ordinance; and shall follow the procedure outlined in such regulations for processing subdivisions.
3.
The standards and criteria for the geographical layout of a condominium project, the facilities of utility lines and roads, and the percentage of the project to be devoted to common or recreational use shall comply with the provisions of the above ordinances and regulations.
4.
A copy of the preliminary Condominium Declaration prepared pursuant to Utah Code, shall be submitted to the City, along with the preliminary record of survey, for review and approval with respect to the standards for the maintenance, upkeep and operations of roads, utility facilities, recreational areas, and open spaces in the project.
5.
The developer of a condominium project shall install the required improvements listed in KCC 19-6, Subdivision Improvements Required, of this Title after final approval of the condominium by the City Council. Said installation of improvements shall be subject to all assurances detailed in KCC 19-2-2 and KCC 19-2-4.
(Ord. 24-01-03, 1/18/2024)
19-2-7 - Lot Line Adjustments and Lot Consolidations.#
Applications that meet the definition of a boundary adjustment shall be processed in the following manner. 1.
Simple Boundary Adjustments.
a.
The applicant petitioning for a simple boundary adjustment contacts the City for information concerning the adjustment process.
b.
The applicant pays the simple boundary adjustment fee at the City Office.
c.
The applicant submits the following to the City:
i.
A conveyance document that complies with Utah State Code.
ii.
A description of all lots or parcels affected by the proposed boundary adjustment.
d.
The City staff will review the submitted documents. Fifteen (15) working days are allowed for completion of staff review for each submittal or re-submittal.
i.
City staff will review the documents to verify the following:
(1)
The conveyance document complies with Utah State Code.
(2)
Property descriptions are accurate.
(3)
Public right-of-way is not affected.
(4)
Municipal utility easements or other existing easements are not affected.
(5)
Public property is not affected.
(6)
Onsite wastewater systems are not affected.
(7)
No internal lot restrictions are violated.
(8)
No resulting lot or parcel will be out of conformity with land use regulations.
e.
Upon completion of the staff review, the City will notify the applicant of any necessary changes to comply with applicable standards and ordinances.
f.
Once it has been determined that the documents meet State and City requirements, the documents shall be recorded with Davis County.
2.
Full Boundary Adjustments.
a.
The applicant petitioning for a full boundary adjustment contacts the City for information concerning the adjustment process.
b.
The applicant pays the full boundary adjustment fee at the City Office.
c.
The applicant submits the following to the City:
i.
A conveyance document that complies with Utah State Code.
ii.
A survey that complies with Utah State Code.
iii.
A proposed plat amendment corresponding with the proposed full boundary adjustment.
(1)
The plat amendment shall include signature blocks for the following:
(A)
City Engineer approval.
(B)
City Attorney approval.
(C)
A signature block in the lower right hand corner of the drawing for the County recording information.
iv.
Preliminary Title Report.
v.
Agreements, if applicable.
vi.
Any applicable utility load information to agencies and service providers as needed.
d.
The City staff will review the submitted documents. Fifteen (15) working days are allowed for completion of staff review for each submittal or resubmittal.
i.
City staff will review documents to verify the following.
(1)
The proposal submitted to the City includes all necessary information.
(2)
The survey does not violate any City land use regulation.
(3)
The plat amendment meets State Code, City Land Use Code, City Subdivision Code, and any other applicable City Code.
e.
Approval of the final plat shall be effective until the later of:
i.
One (1) year after the date of approval by the City; or
ii.
The last day of extension period approved by the City.
iii.
If the plat amendment has not been offered for recording, with all approval steps completed, within the applicable period, the plat shall not be recorded or received for recording and shall have no validity whatsoever.
f.
Upon completion of the staff review, the City will notify the applicant of any necessary changes to comply with applicable standards and ordinances.
g.
Once it has been determined that the documents meet State and City requirements, the documents shall be recorded with Davis County.
3.
Boundary Establishment.
a.
Is not subject to review by the City. Boundary Establishment shall meet State Code and all documents shall be recorded with Davis County.
b.
The City may enforce City Code against property with a boundary establishment that violates land use regulations.
(Ord. 24-01-03, 1/18/2024; Ord. 25-06-03, § 19, 6/19/2025)
19-2-8 - Subdivision Amendments.#
Applications that meet the definition of a subdivision amendment shall be processed in the following manner: 1.
The applicant petitioning for a subdivision amendment contacts the City for information concerning the amendment process.
2.
The applicant pays the subdivision amendment fee at the City Office.
3.
The applicant submits the following to the City:
a.
A proposed subdivision amendment plat corresponding with the proposed subdivision amendment the include the following:
i.
Signature blocks for the following:
(1)
City Engineer approval.
(2)
City Attorney approval.
(3)
Mayor (as a non-discretionary and ministerial act for the acceptance of land and public improvements that may be proposed for dedication to the City) approval attested by the City Recorder.
(4)
Community Development Director approval.
(5)
Utility approval as required.
(6)
A signature block in the lower right hand corner of the drawing for the County recording information.
ii.
Description of land to be included in the subdivision amendment.
iii.
Registered professional engineer and/or land surveyors certificate of survey.
iv.
Owners dedication certificate.
v.
Notary public's acknowledgment.
b.
A copy of the protective covenants, if applicable.
c.
Preliminary title report.
d.
Agreements, if applicable.
e.
Any applicable utility load information to agencies and service providers as needed.
f.
Construction drawings regarding any applicable storm water drainage facilities, storm water quality infrastructure, sidewalks, roads, curb and gutter, planting and parks, utilities, grading, and all required improvements as required by Title 19 Subdivisions in City Code.
g.
Storm water maintenance agreement for any proposed conveyance/retention/treatment/detention facilities.
4.
The City shall provide notice of a petition by mail or email to:
a.
Each affected entity that provides a service to a property owner of record of the portion of the plat that is being vacated or amended.
b.
Each property owner of record within the portion of the subdivision that is proposed to be amended.
5.
The notice of a petition shall include a deadline by which written objections to the petition are due to the City, but no earlier than ten (10) calendar days after the day on which the land use authority sends the notice.
6.
If required by State Code, the City shall hold a public hearing within forty-five (45) days after the day on which a petition is filed if:
a.
Any property owner within the subdivision that is proposed to be amended notifies the City of the owner's objection in writing before the deadline for objections.
7.
The City may approve a petition for a subdivision amendment no earlier than:
a.
The day after the day on which written objections were due to the City; or
b.
If a public hearing is required, the day the public hearing takes place.
8.
The public hearing requirement does not apply but the City may require a public meeting for a subdivision amendment petition if:
a.
The petition seeks to:
i.
Join two (2) or more of the petitioner fee owner's contiguous lots.
ii.
Subdivide one (1) or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of City Code or a development condition.
iii.
On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the City.
iv.
Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not:
(1)
Owned by the petitioner; or
(2)
Designated as a common area; and
b.
Notice has been given to adjoining property owners in accordance with any applicable City Code.
9.
Once it has been determined that the documents meet State and City requirements and petition requirements have been satisfied, the documents shall be recorded with Davis County.
(Ord. 25-06-03, § 20, 6/19/2025)