All preliminary subdivision applications filed with the town are required to provide the following information. The applicant may be required to provide other information required by the Planning Commission or Town Council necessary to evaluate the merits of the proposed subdivision.
(A) Application. Persons proposing to subdivide land must submit an application for preliminary subdivision using the form provided by the Town Clerk. Additionally, the preliminary subdivision application shall be accompanied by:
(1) An application fee, established by the Town Council;
(2) A preliminary plat meeting the requirements of (B), below;
(3) Attachments required by within the application form including any and all proposed improvements, a draft development agreement, which may include a plan for the phased installation of those improvements; and
(4) Applications shall be legible and may include paper copies at the Town's discretion.
(B) Preliminary Subdivision Plat. The preliminary plat must be prepared by a professional land surveyor in accordance with the current edition of the Utah Council of Land Surveyors Final Subdivision Plat Guidance Document/Model Standard, adopted herein by reference, and the following Boulder Town code sections including, but not limited to, the following:
(1) Vicinity map clearly displaying the location of the proposed subdivision relative to local landmarks;
(2) A map displaying all adjoining lots, parcels, easements;
(3) Show proposed building envelopes, if any;
(4) Provide a table showing the total area of the proposed subdivision, the area of each proposed lot and right-of-way in square feet and acres, and all calculations made in averaging lot sizes where that option is used;
(5) Provide a signature block for the signature of the Mayor to indicate approval of the preliminary plat; and
(6) Show proposed lots or areas within lots that will be dedicated to common use, affordable housing, or open space protection; including continuing agricultural use.
(7) The signature block for owners must include all beneficiaries of easements.
(C) Required subdivision site information. The following subdivision site information is required:
(1) The identification of known natural features including, but not limited to, jurisdictional wetlands as identified by the U.S. Army Corps of Engineers, areas of slope exceeding 30% grade, flood channels as identified by a federal or state agency, all waterbodies and drainage ways and any other natural features as required by the Planning Commission, or Town Council, for the entire subdivision site, including the total acres in each;
(2) Existing site contours, at intervals of no greater than two feet, unless otherwise approved by the Planning Commission, overlaid with the proposed subdivision layout plan;
(3) The location of any known human-made features on or contiguous to the subdivision site, including existing platted lots, all utility easements, power lines and power poles, bridges, culverts, drainage channels, road rights-of-way and easements, field drains, irrigation canals and ditches;
(4) The location and dimensions of all existing buildings, fence lines and property lines, overlaid with the proposed subdivision layout plan;
(5) The layout of proposed power lines including the source and connection to the existing power supply;
(6) All existing and proposed roadway locations and dimensions, with cross sections of all new roads, proposed to be dedicated to the town, showing the grades of all proposed streets and roads and all proposed cuts and fills exceeding three feet. The proposed radius of all centerline curves shall be shown;
(7) The location and size of existing and proposed culinary water and sewer lines and/or the location of all wells and springs, and the location of all proposed absorption and drain fields, as required by the South West Utah Public Health Department or the state’s Department of Environmental Quality, as applicable, overlaid with the proposed subdivision layout plan;
(8) Proposed storm drainage system; and
(9) The location of all existing and proposed fire hydrants, including the sizes of all existing and proposed water lines serving fire hydrants
(D) Title report. A title report for the property proposed to be subdivided, provided by a title company directly to the town and including all abstract pages within 30 days of the date of the preliminary subdivision application.
(E) Tax clearance. A tax clearance from the County Treasurer indicating that all taxes, interest and penalties owing for the subject property have been paid.
(F) Property owner addresses. Addresses of all owners of record of real property within 300 feet of the site proposed to be subdivided.
(G) Evidence of availability of necessary services. The following information is required to be presented as part of the preliminary subdivision application, necessary to establish the availability of basic services to the proposed subdivision.
(1) Culinary water requirements.
(a) The South West Utah Public Health Department, or the state’s Department of Environmental Quality, as applicable, identified herein as the “Culinary Water Authority,” shall review and approve the feasibility of the culinary water system and sources for the subject property.
(b) The Town shall review and approve the applicant's ability to provide culinary water or water rights to each lot in the subdivision. The preliminary plat shall not be approved without the applicant providing assurances of culinary water to each subdivision lot in the form of:
1. A connection with the Boulder Farmstead Water Company providing service sufficient for each lot in the subdivision; or
2. Underground water rights available to the applicant as shown by, and on file with, the State Engineer's office sufficient in amount to provide culinary water to each lot in the proposed subdivision from an approved underground source.
(c) It shall be the responsibility of the applicant to provide information and materials as required by South West Utah Public Health Department, the State Department of Environmental Quality, State Engineer’s Office and the town, all as determined by the town, necessary to review and approve the feasibility, availability and assurances as required herein for culinary water to each lot in the proposed subdivision.
(2) Wastewater requirements. The South West Utah Public Health Department or the state’s Department of Environmental Quality, as applicable, identified herein as the “Sanitary Sewer Authority,” shall review and approve the feasibility of sanitary sewer services or onsite wastewater systems for the subject property. It shall be the responsibility of the applicant to provide information and materials as required by the South West Utah Public Health Department, or the state’s Department of Environmental Quality, necessary to review and approve the feasibility of the sanitary sewer services or onsite wastewater systems.
(3) Fire protection and suppression requirements. The town’s Fire Authority shall review and make necessary recommendations, as determined necessary by the Fire Authority for necessary fire protection and suppression services for the subject property. It shall be the responsibility of the applicant to provide information and materials as required by the town’s Fire Authority necessary to review and make recommendations of the fire protection and suppression facilities and services.
(a) All new subdivision lots shall be within 600 feet of a fire hydrant connected to a water supply meeting applicable fire code requirements.
(b) The fire authority may increase the allowable distance in (3)(a) from a hydrant to the lot line based on unbuildable sensitive lands and any legally binding building restrictions indicated on the plat. The fire authority may allow alternative fire-flow and storage where exceptions in nationally recognized fire codes are applicable and as approved by a town approved engineer. Economic hardship shall not be considered in determining fire protection requirements in new subdivisions.
(c) The distance requirement in (3)(a) may be waived in the case of subdivisions not requiring construction of new streets, served only by private driveways or existing streets, and creating no more than one additional lot.
(4) Storm drainage system. As required by this division (G), all preliminary subdivision applications shall identify plans for storm water drainage. No ditch or canal shall be proposed for the use of storm water runoff without the written approval of the applicable irrigation company, with a note on the preliminary plat identifying a proposed and recordable drainage easement.
(H) Subdivision roads and streets.
(1) The street layout and design shown on the proposed preliminary plat shall provide safe access to all proposed lots via a public or private street. Access may also be extended to a limited number of lots within the subdivision or, where it historically has existed, to adjoining lots or parcels by private driveways, but only as provided below.
(2) A professional engineer hired by the Town may review the proposed street and driveway layout and design for compliance with these and other applicable Town standards.
(3) If the proposed subdivision will have access to a State highway, a copy of the application for the access permit required by the Utah Department of Transportation (UDOT) shall be provided with the preliminary plat. Approval of the final plat will be conditioned on approval of the access permit.
(4) The preliminary subdivision application shall include a proposed permanent arrangement for the maintenance of all existing and proposed streets, private or public, and for private driveways. The maintenance options that may be proposed are:
(a) Dedication of a proposed street to the Town, making it a public street, maintained by the Town; or
(b) Private streets on rights-of-way dedicated to public use, but not accepted by the Town for maintenance. A proposed maintenance arrangement for the private streets must accompany the application for preliminary subdivision approval.
(c) The Town is not obliged to accept any street for maintenance. It may require the use of private streets.
(d) Private driveways may be used to access no more than four lots within a proposed subdivision. They may also be used to preserve historic routes of access to adjoining lots or parcels, though platting a public or private street for that purpose may be required if it is reasonably anticipated that the existing lot or parcel being served may be subdivided in the future. A proposed maintenance agreement for any private driveway/s must accompany the application for preliminary subdivision approval.
(e) The maintenance arrangements required above must run with the land and be enforceable by the Town. If approved, they must be recorded prior to the Town's review and approval of the final plat. They may include a clause rendering them inoperative if the final plat is not approved and recorded.
(5) Flag lots extending to an existing or proposed public or private street will be permitted, and may be required, as an alternative to private driveways. The "pole" of a flag lot must be at least 40 feet in width.
(6) Placeholder for new street standards.
(I) Special service district or special service area. If the proposed subdivision is located within the boundaries of a special service district or a special service area, a letter shall be provided, with the preliminary subdivision application materials, from the governing board acknowledging the proposed subdivision, which letter may identify any potential impacts resulting from the proposed subdivision.
(J) Irrigation company. If the proposed subdivision is located within the boundaries of an irrigation company a letter shall be provided, with the preliminary subdivision application materials, from the governing board acknowledging the proposed subdivision, which letter may identify any potential impacts resulting from the proposed subdivision.
(K) Additional information and materials when necessary. When the Planning Commission or Town Council deem necessary, the applicant may be required to provide other information or letters of feasibility, conduct studies and provide evidence indicating the suitability of the area for the proposed subdivision, including, but not limited to, adequacy of public safety and fire protection, ground water protection, plant cover maintenance, geologic or flood hazard, erosion control, wildlife habitat and any other physical or environmental matters.
(Ord. 49, passed 3-5-2003; Ord. 49A, passed 3-3-2004; Ord. 50, passed - -; Ord. 58, passed 5-8-2008, § 400-2; Ord. passed 7-11-2019; Ord. 2022-1, passed 6-2-2022; Ord. 2022-4, passed 12-1-2022; Ord. 2023-1, passed 12-7-2023)