17.10.100 - Subdivision Application Process.

A.

Preliminary Subdivision Plat. Preliminary Subdivision Plat approval is required before Final Subdivision Plat approval for a Subdivision Application.

1.

Preapplication requirements. Before preparing the Preliminary Plat for a Subdivision, the Applicant should arrange for a pre-Application conference with the Community Development Department to discuss the procedure for approval of a Subdivision Plat and the general approval requirements regarding access, layout of Streets, availability of existing services, standards for Street improvements, storm water drainage, sewerage, fire protection, required mitigation of environmental impacts, required cleanup of environmental hazards within Dedicated Rights-of-Way, standards for required public Dedication, resolution of adverse property interests and similar matters.

2.

Application procedure and requirements. Before subdividing land in a manner that requires a Preliminary Plat, an Owner of the land or the Owner's representative shall file an Application for approval of a Preliminary Plat. The Application shall be made on a form available at the office of the Community Development Department and shall include.

a.

All information requested on the form;

b.

Payment of the Preliminary Plat Application fee; and

c.

A trust deposit for out-of-pocket costs the City expects to incur as a result of processing the Application.

3.

Review of Preliminary Plat. The Community Development staff shall schedule the complete Preliminary Plat Application for review by the City's Development Review Committee. Staff will consider all input received by the Development Review Committee members, seek clarification and any additional required information from the Applicant, and when appropriate, prepare a proper notice of and a Planning Commission staff report for a public hearing and potential action on the Preliminary Plat Application.

4.

Planning Commission review of Preliminary Plat. The Planning Commission shall study the Preliminary Plat Application and the staff report, taking into consideration requirements of this Title.

5.

Public hearings. Subject to proper notice, the Planning Commission shall hold a public hearing on the Preliminary Plat Application.

6.

Preliminary approval. After the Planning Commission has reviewed the Preliminary Plat Application and the staff report, including any staff recommendations for conditions of approval, any testimony and exhibits submitted at the public hearing, the Applicant shall be advised of any required changes and/or additions to its proposed Preliminary Plat. One (1) copy of the proposed Preliminary Plat shall be returned to the Applicant with the date of approval, conditional approval, or disapproval and rationale for the decision accompanying the Plat. The other copy shall be maintained in the Community Development Department files.

7.

Public Improvements. The Planning Commission shall require the Applicant to indicate on both the Preliminary and Final Plat all roads and Public Improvements to be Dedicated, all infrastructure for water, fire, and utility improvements to be Dedicated, all City approved Street names and addresses, and any other special requirements deemed necessary by the Planning Commission in order to conform the Subdivision Plat to the Official Land Use Map, the Roadways and Functional Classifications in the General Plan, any applicable Master Planned Mixed-Use approval, the City Construction Standards and Specifications, and this Code.

8.

Completion/Assurances. An Applicant with a conditionally approved or approved Preliminary Plat Application shall—prior to receiving the City's signatures on the Final Subdivision Plat—be required to either:

a.

Install and Dedicate the required Public Improvements and execute a one-year infrastructure Improvement Warranty with accompanying ten (10) percent cash deposit to assure the proper installation of the required Public Improvements; or

b.

Provide an adequate improvement assurance for completing and Dedicating all required Public Improvements and for warranting the completed work for one (1) year after acceptance.

9.

Effective period of preliminary approval. The approval or conditional approval of a Preliminary Plat shall be effective for a period of one (1) year. An Applicant may request an extension of the approval or conditional approval of a Preliminary Plat by submitting a request in writing to the Community Development Department prior to expiration of the approval or conditional approval. After a properly noticed public hearing, the Planning Commission may approve the extension request if the Applicant is able to demonstrate no change in circumstance since the previous approval that would result in a denial of a new Preliminary Plat Application.

10.

Zoning Regulations. Every Preliminary Plat shall conform to the Land Use Regulations in effect on the date the Applicant is vested in its Application, provided the Applicant's Preliminary Plat approval or conditional approval has not expired without a valid extension to obtain Final Plat approval.

B.

Final Subdivision Plat.

1.

Accuracy. Final Plats shall be drawn according to an accurate and complete survey to second-order accuracy of the land to be Developed. A traverse of the exterior boundaries of the tract, and of each Block, when computed from field measurements on the ground shall close within a tolerance of one foot one (1) foot to twenty thousand (20,000) feet.

2.

Monuments. Prior to Final Plat approval, the Applicant shall install permanent survey monuments on the Property as required by the City Engineer.

3.

Subdivision Plat. Final Subdivision Plat approval is required before recording Subdivision Plats as well as Condominium Plats.

4.

Final Plat Application procedure and requirements. The Final Plat Application shall be made on a form available at the office of the Community Development Department and shall include:

a.

All information requested on the form;

b.

Payment of the Preliminary Plat Application fee; and

c.

A trust deposit for out-of-pocket costs the City expects to incur as a result of processing the Application.

5.

Review of Final Subdivision Plat. The Community Development Department Staff will consider all construction drawings and specifications submitted by the Applicant, all conditions of Preliminary Plat Approval (as applicable), seek clarification and any additional required information including proposed Covenants, Conditions, and Restrictions (as applicable) from the Applicant, and prepare a staff report.

6.

Community Development Director Review, of Final Subdivision Plat. The Community Development Director or designee shall review the Final Subdivision Plat and the staff report, taking into consideration requirements of this Title, any Master Plan, the Roadways and Functional Classifications in the General Plan, the Site Plan, construction standards and specifications, and any environmental review pending on the Property. Particular attention will be given to the arrangement, location, width, profile, and construction specifications of Streets, and their relation to sewer lines, storm water drainage, erosion, topography and natural features of the Property, location of Geologic Hazards, Lot sizes and arrangement, the further Development of adjoining lands as yet un-subdivided, requirements of the Preliminary Plat (if a Preliminary Plat was required), and requirements of the Official Land Use Map and Roadways and Functional Classifications in the General Plan.

7.

Final Plat Approval.

a.

The Community Development Director or designee may approve the proposed Final Subdivision Plat. If the Community Development Director or designee approves the Final Subdivision Plat, they shall stipulate the period of time when the Final Plat shall be recorded and when the performance assurances shall be filed or the required improvements installed and warranted, whichever is applicable. No Plats will be approved or released for recording until necessary warranties have been established. In no event shall the period of time stipulated by the Community Development Director or designee for completion of required improvements exceeding two (2) years from the date of the Final Plat approval.

b.

Extension of Approval. Applicants may request an extension of their final plat approval from the Community Development Department. A written request shall be received by the department prior to expiration of the initial final plat approval. The Community Development Director or designee may grant an extension of up to one (1) year from the initial expiration date if the Applicant is able to demonstrate that no change in circumstance resulting in an unmitigated impact or resulting in a finding of non-compliance with the Land Use Regulations in effect or pending at the time of the extension request would occur. A "change in circumstance" includes a physical change to the Property or its surroundings. Notice of the request for extension shall be provided consistent with the requirements for a Final Plat.

8.

Good Cause. The Community Development Director or designee shall make a finding as to Good Cause prior to approving any new Final Plat or Plat Amendment.

9.

Submission and Review. After the Community Development Director or designee's approval, one (1) copy of the construction plans, a Word-formatted copy of the proposed Covenants, Conditions, and Restrictions, and one (1) copy of the approved Subdivision Plat shall be submitted to the Community Development Department for its final review.

a.

No final approval shall be endorsed on the Plat until the Community Development Department staff's review has indicated that all requirements of Planning Commission's and Community Development Director's approval have been met. The border line of the Plat shall be drawn in heavy lines leaving a space of at least one and one-half (1½) inches on the left side and at least one-half (½) inch margin on the other sides. The Plat shall be so drawn that the top of the drawing faces either north or west, whichever accommodates the drawing best. All lines, dimensions, and markings shall be made on a mylar, or comparable material approved by the City, with approved waterproof black ink. The Plat shall be made to a scale large enough to clearly show all details, and in any case not smaller than one hundred (100) feet to the inch, and workmanship on the finished drawing shall be neat, clean cut and readable.

b.

If the submitted, approved Final Subdivision Plat is incomplete, not in compliance with all requirements, or does not incorporate any required changes, the Community Development Department shall notify the Applicant and specify the respects in which it is deficient. The Community Development Department may refer the documents, Plats, and drawings to others for assistance in its review process.

10.

City Engineer Approval. Throughout the process and prior to Plat recordation, the City Engineer shall review:

a.

Any required environmental assessment of the property to confirm that all Dedicated land is free from environmental hazards,

b.

Tentative Final Plat and construction drawings for compliance with the City Development Standards and Specifications,

c.

Criteria set forth in this Title, and

d.

All other applicable ordinances of the City and the state of Utah.

If the Final Plat and construction drawings comply, the City Engineer shall sign the Final Plat and forward the Final Plat and construction drawings to the Community Development Department for processing. If the Plat and/or construction drawings do not comply, the City Engineer shall return the Plat and/or construction drawings to the Applicant with comments and provide a copy of comments to the Community Development Department. The Applicant shall be responsible for submitting all redlined Plats, plans, and construction drawings, along with corrected copies, to the City for re-review.

Prior to recordation of the Final Plat, the Applicant shall submit a current title report to be reviewed by the City. A "current title report" is considered to be one (1) that correctly discloses all recorded matters of title regarding the property and is prepared and dated not more than thirty (30) days before the proposed recordation of the Final Plat.

11.

City Attorney Approval. Once the Community Development Director or designee has approved the Final Plat, the City Attorney shall review the submitted Final Plat, Covenants, Conditions, and Restrictions (as applicable), signed Infrastructure Improvements Agreement (as applicable), current title report to assure all property interests are reflected on the Plat, and the adequacy of the security for insuring completion of the improvements to verify compliance with the City's Dedication and assurance requirements—including the requirement for encumbrance-free Dedications. The City Attorney may also review and require resolution by the Applicant of any title conflicts, public easements, protective covenants, other documents where applicable. Upon approval of the items specified in this Section, the City Attorney shall sign the Plat in the appropriate signature block and forward the Final Plat to the Community Development Department for further processing.

C.

Parcel Boundary and Lot Line Adjustments.

1.

The Community Development Director may approve without a Subdivision Plat Amendment a single Lot Line Adjustment between two (2) properly subdivided Lots, or a single Parcel Boundary Adjustment between two (2) Parcels, or a Parcel and a single Lot, if the Owners of each property demonstrate, to the satisfaction of the Community Development Director that:

a.

No new Developable Lot, Parcel, or unit results from the Adjustment;

b.

All Owners of Property contiguous to the adjusted properties, or to properties owned by the Applicant(s) that are contiguous to the adjusted properties, including those separated by a public Right-of-Way, consent to the Adjustment;

c.

The Adjustment will not result in remnant land;

d.

The Adjustment and resulting Lots or Parcels comply with the requirements of their zoning district and are Compatible with existing Lot sizes in the immediate neighborhood;

e.

Neither of the original Lots or Parcels were previously Adjusted without a Subdivision Plat;

f.

Written notice was mailed to all Owners of Property within six hundred (600) feet of the Applicants' Property and neither any person nor the public will be materially harmed by the Adjustment; and

g.

The City Engineer and Community Development Director authorizes the execution and recording of an appropriate deed or Plat, to reflect that the City has approved the Adjustment.

2.

Extension of Approval. Applicants may request time extensions of the Adjustment approval by submitting a request in writing to the Community Development Department prior to expiration of the approval. The Community Development Director shall review all requests for time extensions of Adjustments and may grant up to a one (1)-year extension when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the Land Use Regulations in effect or pending at the time of the extension request. Change in circumstance includes physical changes to the Property or its surroundings. Notice shall be provided consistent with the requirements for Parcel Boundary and Lot Line Adjustments.

3.

If the Community Development Director denies the Adjustment, the Director shall inform the Applicant(s) in writing of the reasons for denial, of the right to appeal the decision to the Administrative Law Judge, and of the right to file a Plat Amendment Application.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2022-08, § I(Exh. A), 4-13-2022; Ord. No. 2023-27, § 1(Exh. A), 9-12-2023; Ord. No. 2024-04, § I(Exh. A), 5-8-2024)