§ 155.073 FINAL SUBDIVISION PLAT APPLICATION REVIEW PROCEDURES; REQUIREMENTS.

   (A)   Final subdivision plat application procedures:

Final Subdivision Plat Application Procedures
Step 1	Before submitting a final subdivision plat application, the applicant(s) must have received approval of a preliminary subdivision plat application from the Land Use Authority, as applicable (see § 155.046 and § 155.047(A)).		Department determines application incomplete
Step 2	Applicant submits all required application materials (division (B) of this section) and pays application fees to the Department, the Department must determine if the final subdivision plat application is complete.		An applicant has 30 days from time of the Department’s written notice of decision to submit missing materials and fees. If the application remains incomplete, fees and materials submitted to the Department are returned to the applicant, and the application is no longer considered.
Step 3	Department determines application complete.
Step 4	No later than 20 business days after an applicant submits a complete final subdivision plat application, department and all applicable agencies and departments shall review and provide written comments on the final subdivision plat application to the DRT.
Step 5	All applicable required permit approvals and recommendations from parties listed in § 155.075 must be received and submitted to the DRT prior to completing final review.
Step 6	After receiving all permit approvals and recommendations, the Land Use Authority, as applicable (see § 155.072), may approve, approve with revisions, or deny the application subject to the city's Land Use Ordinance and all other requirements, as applicable.
Step 7	Within 365 days of the application approval as specified in § 155.079, the final subdivision plat must be presented to the Department for recording with the Office of the Box Elder County Recorder.

 

   (B)   (1)   Information. All final subdivision plat applications filed with the Department shall provide the following information required for the Department to determine the application complete and begin the review cycle:

         (a)   Application form. A final subdivision plat application form completed and signed by the owner(s) of the subject property or the authorized agent(s) of the owner(s). The application form shall be accompanied by a notarized affidavit identifying(i) the owner and, if applicable, (ii) an agent as being duly authorized to represent the owner(s) in all matters related to the final subdivision plat application. All persons with a fee interest in the subject property shall be required to join in and sign the final subdivision plat application, or the notarized affidavit, if applicable.

         (b)   Final subdivision plat application and review fees. The final subdivision plat application shall include the payment of all final subdivision plat application fees and review fees, as established by the Council, and any total amount, or deposit amount, required to provide the services of the city’s contracted City Engineer, and other consultants determined by the city to review the application.

      (2)   Final form. All information and revisions from the preliminary subdivision plat approval provided in their final form, including a written explanation in response to the city's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any.

      (3)   Title report. An accurate title report, provided within 60 calendar days of submission of the final plat application and setting forth any mortgages, judgments, liens, easements, contracts and agreements of record affecting the subject property;

      (4)   Final subdivision plat. A final subdivision plat, prepared by a licensed land surveyor, as required by Utah Code, and drawn at a scale of not less than one-inch equals 50 feet, or at an alternative scale as determined by the Department or City Engineer. The final subdivision plat shall be prepared digitally, and all sheets shall be consecutively numbered. A minimum number of copies and sizes of copies, as stated on the application shall be provided. A digital copy of the final subdivision plat, in a format acceptable to the city’s Geographic Information System, shall be provided. The final subdivision plat shall show the following:

         (a)   Legal description. a complete and accurate legal description of the subject property, accurate in scale, dimension and bearing, and giving the location of and ties to the nearest survey monument. The map shall have an error of closure of not greater than 1:10,000. The survey must be tied to the state grid or other permanent marker established by the county. Bearings shall be shown to the nearest second, lengths to the nearest hundredth foot, and areas to the nearest hundredth acre. The location of all monuments erected, corners and other points established in the field. The material of which the monuments, corners or other points are made shall be noted. All parcels, units or lots proposed to be created shall be numbered as required by the County Recorder. All lands within the boundaries of the subject property and the final subdivision plat shall be accounted for as parcels, lots, roads, streets, alleys, walkways or other designations;

         (b)   Required signature blocks. The final plat shall contain signature blocks for approval by the Mayor or Department Director, as applicable, Commission chair, the owners of record, City Engineer and City Attorney;

         (c)   Vicinity map. A vicinity map, at a minimum scale of one inch equals 1,000 feet, clearly identifying the boundaries of the entire subject property;

         (d)   Access(es). Property accesses, adjoining subdivision outlines and names, as applicable, and relevant features located within one-half mile of the subject property boundary. Surrounding roads and streets and the names of all adjoining property owners of record shall be shown;

         (e)   Basis. The basis of bearings used, graphic and written scale, true north point, township, range, section, quarter section, lot number and the total area of the subject property;

         (f)   Proposed road and street layout. All existing and proposed road and street names shall be shown;

         (g)   Accuracy. The boundaries, course and dimensions of all lots and parcels created, measured by their boundaries, course and extent, whether the owner proposes that the lot or parcel is intended to be used as a road, street or for any other public use and whether any such area is proposed for a public purpose. Any remaining portion of the subject property’s original legal description shall be included in a lot;

         (h)   Common area/common open space. The location of any common area(s) or common open space area(s), including the location of all property, proposed to be set aside for public or private reservation, with the designation of the purpose of such set-asides, and conditions, if any, of the dedication or reservation. Such property shall be included in a lot;

         (i)   Naming and numbering. The lot, unit or building reference, road, street or site address, the road and street name or coordinate address, acreage and square footage for all parcels, units or lots proposed to be created. All parcels, units or lots proposed shall be numbered consecutively;

         (j)   Existing and proposed rights-of-way and easements. All existing and proposed rights-of-way and easement grants of record for underground facilities and all other utility facilities, as well as all proposed road and street rights-of-way and easement grants of record;

         (k)   Owner’s dedications. The owner’s dedication(s) shall include a legal description of the subject property boundaries and the dedication of all public rights-of-way or spaces. The owner’s dedication shall be signed and dated by a public notary. This dedication shall include a reference to any covenants that may be declared and blanks where the County Recorder may enter the book and page number of their recording;

         (l)   Title block. A title block, placed on the right side of the final subdivision plat showing:

            1.   Proposed name or designation of the subdivision that is distinct from any other subdivision already recorded in the office of the County Recorder;

            2.   Name and address of the owner(s) of record and the name, address, license number and stamp of the licensed surveyor responsible for preparing the final subdivision plat; and

            3.   Date of preparation of the final subdivision plat and all revision dates, as applicable.

         (m)   Ownership and maintenance. Improvements ownership, operation and maintenance acceptance. As evidenced by the authorized signatures of all proposed owners or operators of the subdivision improvements on the final plat, acknowledging the acceptance of ownership, operation and maintenance of all public and quasi-public improvements;

         (n)   Inclusions. As required by this division (B)(4), all common space, open space areas, agricultural use areas and other areas proposed for a public or private reservation shall be included in a lot and numbered;

         (o)   Digital copy. A digital copy of the final subdivision plat, in a format acceptable to the city’s Geographic Information System standards;

         (p)   Final easement plan. A final easement plan, identifying the location, size and use of all existing and proposed easements;

         (q)   Final subdivision improvement plans. Final subdivision improvement plans, as required by the city’s Public Works Standards for Development, Design and Construction, and stamped by a licensed civil engineer, for all public and quasi-public improvements. These plans shall include all required and proposed below grade and above grade utilities and facilities, landscaping and infrastructure improvements. All conditions or restrictions governing the location of all utilities and facilities within a right-of-way, and easement grants of records shall be shown;

         (r)   Estimated cost of installation of landscaping and improvements. See §§ 155.140 through 155.145 of this chapter;

         (s)   Final grading plan. For subject properties of one acre or larger, a final grading plan shall be provided and indicated by solid-line contours, using two-foot intervals, imposed on dashed line contours, also using two-foot intervals, of the existing topography for the entire subject property. For subject properties that have predominately level, topography one-foot contour intervals may be required by the Department or City Engineer. The final grading plan shall identify the proposed grading for each proposed lot or parcel to be created; and

         (t)   Final erosion control plan. When required by the Department or City Engineer, a final erosion control plan shall be provided and included with the final subdivision application. The final erosion control plan shall identify the proposed drainage and erosion control techniques and methods for each proposed lot or parcel to be created.

      (5)   Other documents. All documents establishing any required agreements, guarantees, obligations and payments;

      (6)   Dedications and grants of easements. A final plat that includes any public utility easement shall not be approved unless the applicant provides the proof the applicant has, as a courtesy, notified each public utility that is anticipated to provide service to the subdivision. This requirement shall be met by the applicant providing to the city a public utility notification form, signed by the applicant and affirming that the affected public utilities have received courtesy notice. All dedications and grants of easements shall be described by their:

         (a)   Boundary, course, dimensions and intended use of the right-of-way and easement grants of record;

         (b)   Location of existing underground utility facilities; and

         (c)   Conditions or restrictions governing the location of the facilities within the right-of-way, easement grants of record and utility facilities within the subdivision.

      (7)   Covenants and restrictions. Copies of all protective covenants, conditions and restrictions (CC&Rs), trust agreements, homeowner’s association articles and bylaws and all other required documents, including those required by the Council or Director, or designee, as applicable, governing the future use of property, infrastructure, utility and service systems, re-subdivision and other provisions required to maintain the integrity of the subdivision; and

      (8)   Improvement construction costs. See §§ 155.140 through 155.145 of this chapter.

(Prior Code, § 25.04.050) (Ord. 20-03, passed 3-19-2020; Ord. 24-03, passed 2-1-2024)