A. Intent And Purpose: It is the intent and purpose of this section to develop and establish approval processes by which all new developments and project proposals are approved within Elk Ridge City. It is also the intent of this section to promote orderly growth and development within Elk Ridge City.
B. General Provisions:
1. Projects That Necessitate Such Action: All proposed development projects within the city shall adhere to the regulations and requirements of this section with the exception of the construction of signs and those projects which require only a building permit. Planned mountain home developments, planned unit developments, and all other similar development types are also required to follow the provisions set forth herein, as applicable.
2. Reviewing Bodies:
a. City Council: The city council is a body of elected officials, as provided in the city code, who shall review proposed developments as provided in this section.
b. Planning Commission: The planning commission is a body of appointed officials, as provided in the city code, who shall review proposed developments as provided in this section.
c. Technical Review Committee: The technical review committee shall be composed of city staff, elected officials, and others, as determined by the city. The technical review committee shall review proposed developments, as provided in this section and the city code.
3. Process: The process by which proposed projects shall be approved shall be in accordance with this section, and in harmony with this development code, building and construction standards, and the Elk Ridge City general plan and appropriate master plans.
4. Simultaneous Approvals: Any development requiring annexation and development approval may receive preliminary approval from the planning commission and city council along with final annexation approval subject to the following:
a. No project shall receive preliminary development approval before receiving final annexation approval;
b. No proposed project shall submit final plans or have final plans reviewed by any city body until any and all annexation approval has been granted and preliminary approval has been given by the city council;
c. Planning commission or city council approval of an annexation proposal does not equate to preliminary project approval for any such development unless specifically stated by motion of the reviewing body; and
d. It shall be the responsibility of the applicant to submit preliminary plans to be reviewed simultaneously with an annexation proposal including, but not limited to, the payment of all nonrefundable application fees.
5. Scheduling: No reviewing body shall review any application within four (4) calendar days of another reviewing body's review of the same application. Furthermore, no project shall receive any preliminary or final approval from any city body, except as explicitly outlined in this section or without proper review as part of an adequately noticed agenda as per the Utah state code.
6. Fees: All required development application, review and processing fees, as outlined in this section, shall be established by resolution of the city council.
7. Plan Submittal Deadlines: All project submittals to be reviewed by any reviewing body must be submitted in whole, as described herein, according to the following deadline schedule:
a. City Council: In order to be eligible to be placed on a city council agenda following the receipt of a planning commission recommendation, a complete submittal, including all required plans, application forms, and fees must be submitted to the Elk Ridge City recorder by the end of business hours on the Thursday before the meeting in question.
b. Planning Commission: In order to be eligible to be placed on a planning commission agenda, a complete submittal, including all required plans, application forms, and fees must be submitted to the Elk Ridge City planning department by the end of business hours on Thursday, one week before the meeting in question.
c. Technical Review Committee: In order to be eligible to be placed on a technical review committee agenda, a complete submittal, including all required plans, application forms, and fees must be submitted to the Elk Ridge City office by the end of business hours on Thursday, one week before the meeting in question.
d. Holidays: In the event that a submittal deadline date, as determined in this section, falls on a city observed holiday, the deadline submittal date shall be determined to be the last regular workday before the city observed holiday.
8. Notice: All agendas for meetings of any city reviewing body shall be noticed in accordance with the Utah state code.
9. Conditional Uses: All proposed projects containing a conditional use, as provided for in this development code, shall receive conditional use approval by the planning commission or administration as detailed elsewhere in this code prior to any development review submittal.
10. Public Hearings: All public hearings shall be held in accordance with the provisions of the Utah state code.
11. Development Requirements: The development plan checklists detail the requirements of a complete submittal of plans. All submittals requiring staff review shall be required to have no more than two (2) checklist items absent or obviously out of compliance from the combined total of all plans in order to be accepted as a complete submittal. Checklists for all development and review types shall be made available in the Elk Ridge City office.
C. Annexations: All proposed annexations shall conform to the process depicted in exhibit A located at the end of this section and those outlined in the Utah state code.
D. Subdivisions:
1. Projects That Apply: All residential subdivision projects resulting in three (3) or more lots shall be required to conform to the provisions set forth herein. Developments which results in a total of two (2) lots or less shall adhere to the provisions set forth in subsection D4 of this section.
2. Subdivision Approval Process: Proposed subdivision proposals shall conform to the review processes depicted in exhibits B and C located at the end of this section.
3. Notification To Public Utility Companies: At least fourteen (14) days prior to planning commission preliminary review of any proposed subdivision, the subdivider shall provide the city with a notification packet as proof that notice of the proposed subdivision has been issued to each public utility company. The city may, at its discretion, maintain the contact information of the necessary utility companies, although it shall remain the sole responsibility of the subdivider to ensure that all public utility companies have been properly notified. The notification packet shall be in accordance with the following:
a. A copy of the signed notification letter sent to the utility companies including any and all maps and attachments and at least the following:
(1) The date of the notice;
(2) The exact time, location and place of the planning commission's preliminary review of the proposed subdivision, as determined and scheduled by the city;
(3) That the utility company has the right to be present at each review of the proposal, or provide input by other means, in order to express any comments or concerns they may have regarding the proposed subdivision;
(4) The approximate address of the property on which the proposed subdivision would occur;
(5) A detailed description of the proposal including copies of maps, plans or graphics;
(6) A description of the requirement for notification;
(7) The zoning of the property on which the proposed subdivision would occur;
(8) A statement declaring the planning commission's preliminary review is to be the first in a series of reviews of the proposed subdivision;
(9) Contact information for the applicant and the city; and
(10) The signature of the applicant;
b. A complete list of names and addresses of the utility companies to which the notices have been sent, including the individual of attention; and
c. Photocopy(ies) of all receipts from an office of the United States post office which clearly displays at least the following:
(1) The stamped date of mailing through U.S. certified mail; and
(2) The names and addresses of each intended recipient, as displayed on the notification list.
4. Minor Subdivisions: Residential developments which results in no more than two (2) total lots shall be reviewed in accordance with the following:
a. Application Requirements: Submission materials and accompanying maps and drawings shall conform to the requirements of a final subdivision plat submittal. In addition, the applicant shall be responsible for the payment of fees for the submittal as established in the Elk Ridge City fee schedule.
b. Technical Review Committee Review: Prior to review by the planning commission, applications for a single lot split shall be subject to the review and approval of the technical review committee to ensure that the application materials and accompanying maps and drawings conform to the requirements of this title, construction standards, and any other applicable city or state requirements.
c. Planning Commission Review: After proper review by and recommendation from the technical review committee, the planning commission shall review all such submittals for compliance with this title, general plan, and all applicable master plans of Elk Ridge City. Following adequate and sufficient review, the planning commission shall recommend the application for approval, approval with conditions or denial to the city council.
d. City Council Review: Upon receipt of a recommendation from the planning commission, the city council shall review such applications for compliance with the general plan and the health, safety, and general welfare of the citizens of Elk Ridge. Following review of such applications, the city council shall render a decision of approval, approval with conditions or denial for the application within a reasonable time period. Any party aggrieved by the decision of the city council may file a written appeal of the decision with the appeal authority within thirty (30) days of the decision.
e. Recording: After receiving all required approvals, the applicant shall prepare a plat of the lot split with any and all conditions of approval to be recorded in the office of the Utah County recorder. Said plat shall first be submitted to the city office for the necessary stamps and signatures of city officials. Once completed and properly stamped and signed, it shall be the sole responsibility of the applicant to pick up the plat from the city office and submit said plat, including the payment of all required recording fees, to the office of the Utah County recorder.
E. Plat Vacation:
1. Planning Commission Recommendation Required: Prior to any city council review, with or without a petition, of a proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision plat, the proposal shall be referred to the planning commission for its recommendation. The planning commission shall hold a public hearing, following appropriate public notice, and shall give its recommendation to the city council with regard to the proposal within thirty (30) days after the proposed vacation, alteration, or amendment is referred to it. The city council shall issue a decision regarding the proposal.
2. File Petition: Any citizen wishing to vacate, alter, or amend a subdivision plat may file a petition to do so with the planning commission and the planning commission shall then hold a public hearing. The city council shall issue a decision regarding the proposal within forty five (45) days after receipt of a recommendation from the planning commission regarding the petition.
3. Petition Contents: A petition to vacate, alter, or amend a subdivision plat, any portion of a subdivision plat, or a street, lot, or alley contained in a subdivision plat shall include:
a. The name and address of all owners of record of real property contained in the entire plat;
b. The name and address of all owners of record of real property located within four hundred feet (400') of any street that is proposed to be vacated, altered, or amended; and
c. The signature of each property owner who consents to the petition.
4. Public Hearing: When the city council proposes to vacate, alter, or amend a subdivision plat, any portion of a subdivision plat, or a street, lot, or alley contained in a subdivision plat, they shall consider the recommendation of the planning commission given following a public hearing after giving the notice required by this chapter.
5. Notice Of Hearing For Plat Change:
a. The applicant shall notify each owner of real property located within three hundred feet (300') of the property that is the subject of the proposed plat change, addressed to the owner's mailing address appearing on the most recent assessment rolls of the Utah County assessor.
b. The notice shall include the date, place, and time when the hearing will be held to consider such proposed plat change, as well as a description of the desired change.
c. If the proposed change involves the vacation, alteration, or amendment of a street, the city council shall also cause notice of the date, place, and time of the hearing regarding the matter to be given by publishing the notice for at least four (4) consecutive weeks prior to such hearing in a newspaper of general circulation in the city and posting a notice in three (3) public places in the city for at least four (4) consecutive weeks prior to such hearing.
6. Grounds For Vacating Or Changing A Plat:
a. Within thirty (30) days after the public hearing required by this chapter, the city council shall consider the petition.
b. If the city council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, then the city council may take action to vacate, alter or amend the plat, any portion of the plat, or any street or lot.
c. The city council may ensure that the vacation, alteration, or amendment is recorded in the office of the Utah County recorder, as applicable.
d. Any aggrieved party may appeal to a court of competent jurisdiction as detailed within Utah state code section 10-9-1001.
F. Lot Line Adjustments: Petitions to adjust lot lines between adjacent properties, whether or not in a recorded subdivision, shall be reviewed in accordance with the following:
1. Application Requirements: Submission materials and accompanying maps and drawings shall conform to the requirements of a final subdivision plat submittal. In addition, the applicant shall be responsible for the payment of fees for the submittal as established in the Elk Ridge City fee schedule.
2. Technical Review Committee Review: Prior to review by the planning commission, applications for a lot line adjustment shall be subject to the review and approval of the technical review committee to ensure that the application materials and accompanying maps and drawings conform to the requirements of this title, and construction standards. The technical review committee shall also ensure that the application is in complete compliance with the following:
a. No new dwelling lot or housing unit results from the lot line adjustment;
b. The adjoining property owners consent to the lot line adjustment;
c. The lot line adjustment does not result in remnant land that did not previously exist;
d. The adjustment does not result in violation of the city code;
e. The proposal has been reviewed and/or approved by all appropriate utility companies, as determined by the zoning administrator, to ensure the integrity of a public utility easement; and
f. Any and all other provisions of the Utah state code.
3. Planning Commission Review: After proper review by and recommendation from the technical review committee, the planning commission shall review all such submittals for compliance with this title, general plan, and all applicable master plans of Elk Ridge City. Following adequate and sufficient review, the planning commission shall recommend the application for approval, approval with conditions or denial to the city council.
4. City Council Review: Upon receipt of a recommendation from the planning commission, the city council shall review such applications for compliance with the general plan and the health, safety, and general welfare of the citizens of Elk Ridge. Following review of such applications, the city council shall render a decision of approval, approval with conditions or denial for the application within a reasonable time period. Any party aggrieved by the decision of the city council may file a written appeal of the decision with the appeal authority within thirty (30) days of the decision.
5. Recording: After receiving all required approvals, the applicant shall prepare a plat of the lot line adjustment with any and all conditions of approval to be recorded in the office of the Utah County recorder. Said plat shall first be submitted to the city office for the necessary stamps and signatures of city officials. Once completed and properly stamped and signed, it shall be the sole responsibility of the applicant to pick up the plat from the city office and submit said plat, including the payment of all required recording fees, to the office of the Utah County recorder.
G. Commercial Site Plans:
1. Projects That Apply: Site plan review shall be required of all new and expanding commercial development projects in accordance with this section. Development shall occur according to the following standards and requirements.
2. Plan Reviews: Site plan reviews must be completed prior to an application for a building permit.
3. Submission Requirements: The following items shall be submitted for design review of all commercial site plan proposals:
a. Five (5) twenty four inch by thirty six inch (24" x 36") sets of the site plan;
b. Eight (8) eleven inch by seventeen inch (11" x 17") sets of the site plan; and
c. Application fees, as determined in the Elk Ridge City fee schedule.
4. Site Plan Requirements: The following shall be included on site plan drawings (as they apply):
a. A vicinity map accurately locating the property within the city;
b. The names and addresses of property owner(s), the developer, and the surveyor and/or engineer;
c. Adjacent property lines and names of property owners;
d. Boundary lines of the site and sufficient information to define their location, length, and bearing;
e. Dimensions and square footage of the site;
f. Names and locations of adjacent streets;
g. Locations and dimensions of existing and proposed on and off site improvements, showing and including the following information:
(1) Buildings, including a notation as to whether they will remain, be modified, or be demolished and showing their finished floor elevations;
(2) Building elevation showing dimensions and materials present or proposed;
(3) Vehicular accesses and egresses;
(4) Parking facilities showing the dimensions of stalls and aisles, the number of stalls present and proposed, compliance with ADA requirements and this development code, and surfacing type;
(5) Spot elevations on the asphalt surface, as will be needed for construction, showing the direction and magnitude of slopes;
(6) Curb and gutter with spot elevations and slopes in plan view;
(7) Sidewalk location, width, and spot elevations in plan view;
(8) The location, size, and elevations of storm water detention areas, locations, sizes, flow line, and grate elevations of storm water improvements, the locations, sizes, types, lengths, slopes, and flow line elevations of storm water pipes, the maximum water surface contour in detention areas, and details of any special structures, including outlet control structures such as orifice plates;
(9) The locations and sizes of existing and proposed utility mains and laterals;
(10) The location of fire hydrants with valves to be placed at the main line connection, subject to fire department approval;
(11) The location and size of water meters which are to be placed behind sidewalk or curb, as applicable, with vaults being required when the meter is in asphalt or concrete;
(12) Backflow prevention devices;
(13) Pressure reducing valves;
(14) Landscaping, showing compliance with all applicable city landscaping ordinances and regulations, and details on specific types and locations of landscaping features, including materials to be used;
(15) Detailed description and design of the irrigation system to be used for landscaping purposes;
(16) The location, heights, and type of materials used for fencing (a 6 foot masonry fence may be required when commercial development is adjacent to a residential zone or use);
(17) The locations, sizes, and descriptions of signs;
(18) The size, direction of flow, and any proposed changes to irrigation ditches;
(19) The location of solid waste disposal dumpsters and details of the required sight obscuring enclosure;
(20) Loading and unloading areas for products to be used or sold in the development;
(21) Floor drains within buildings or a note on the plans indicating that there will be no floor drains;
(22) The location, size, and elevation of manholes; and
(23) The location, nature and detail drawings of any grease traps.
h. Tabulations showing square footage of the following:
(1) The total site;
(2) Landscaping;
(3) Impervious and other hard surfaced areas;
(4) Undeveloped area, if applicable; and
(5) Footprint area of all proposed and/or remaining buildings.
i. Existing contours at two foot (2') intervals in areas of slope less than thirty percent (30%), and at ten foot (10') intervals in areas of slope greater than thirty percent (30%);
j. Proposed finished grade contours at two foot (2') intervals;
k. The location of any areas of potential flood hazard within the site or within three hundred feet (300') of the site;
l. Storm drainage calculations, as applicable, including:
(1) Hydrologic calculations showing peak flow calculations for the site with all input data, calculations, and results being submitted;
(2) Hydrologic calculations and capacity calculations for each segment of the system; and
(3) Detention calculations, including:
(A) An analysis of the detention volume requirements that identifies the storm whose duration creates the greatest detention volume requirement, given storm duration, stage storage curve, and outlet discharge curve; and
(B) Orifice calculations showing the maximum release rate is not exceeded.
m. Notes on all site plans and site plan amendments addressing at least the following:
(1) The applicant is responsible for compliance with all requirements of the Americans with disabilities act (ADA);
(2) Detailed fire protection plans shall be submitted and approved with the building permit plans;
(3) Additional requirements may be identified during the plan review by the fire department, which may be mandated by the international fire code, or subsequently adopted code;
(4) All landscaped areas shall have an automatic, underground sprinkling system with a backflow prevention device and a backflow prevention device to the building;
(5) All improvements and work to be done on site shall be done in accordance with city standards; and
(6) Water meters are to be located behind the sidewalk or behind the curb in an area that is accessible, not located behind fenced areas, or under covered parking.
5. Approval Process: Site plans, as required by this section, shall be approved according to the process depicted in exhibit D located at the end of this section. The planning commission and/or city council shall have the ability to require any such submittal to conform to the approval process as depicted in exhibits B and/or C located at the end of this section if it finds that:
a. The site includes areas of environmental sensitivity that necessitates extra cautious review;
b. The site contains oddities that may require added or special attention;
c. The site plan is deemed too complex and necessitates additional review time and attention;
d. The review time for the site plan becomes cumbersome;
e. The review of the site plans is contested by one or more citizens of Elk Ridge; or
f. Compliance with the provisions of the application or approval requirements are sufficiently lacking or not met.
H. Conditional Uses:
1. Projects That Apply: Any use of land or development proposed which is determined within the city code to be a conditional use shall comply with the requirements of this section prior to seeking any other approval necessary to permit the proposed activity or use.
2. Notification To Property Owners: At least ten (10) days prior to the planning commission or administrative review meeting at which the permit request will be first considered, the city shall mail notice of the pending review to all adjacent property owners, as they appear on the official current rolls of the Utah County assessor, within three hundred feet (300') of the outermost boundary of the property on which the conditional use is proposed to occur. The notice shall advise the property owner that he or she has the right to be present at the meeting and to express any comments or concerns they may have regarding the proposed conditional use.
3. Planning Commission Or Administrative Approval: The planning commission or administrative approval, as detailed elsewhere in this code shall be the final approving authority, subject to the right of appeal for applications for conditional use permits. The planning commission or administration shall review the proposed conditional use permit application while considering the criteria and factors set forth in this section and subsection 10-12-33F of this chapter. An application for a conditional use permit shall be approved, approved with conditions, or denied. Because every application is unique and different, planning commission or administrative review, approval, or denial, for a conditional use permit application shall take into consideration only those facts and information pertaining to the application specifically and may not take into consideration information or base decisions upon other similar projects or uses, or denial thereof, within the city. The validity of the permit shall be conditioned upon strict compliance with applicable city ordinances, the approved site plan, and any additional conditions of approval handed down by the planning commission.
I. Residential Site Plans:
1. Projects That Apply: At any time that a site plan is required within this code for a single lot residential construction, the subject development shall conform to the regulations as stipulated herein.
2. Plan Reviews: Site plan reviews must be completed prior to an application for a building permit.
3. Submission Requirements: The following items shall be submitted for design review of all residential site plan proposals:
a. Five (5) twenty four inch by thirty six inch (24" x 36") sets of the site plan;
b. Eight (8) eleven inch by seventeen inch (11" x 17") sets of the site plan; and
c. Application fees, as determined in the Elk Ridge City fee schedule.
4. Site Plan Requirements: At least the following information shall be included on site plan drawings (as they apply):
a. The name of the property owner and address of the property being depicted, as well as proof of ownership of the property which is to accompany the drawings and not be depicted;
b. The scale at which the site plan is drawn with the scale being of a reasonable, traditional engineering type scale of no greater than one inch to fifty feet (1":50');
c. The date on which the drawings were produced, as well as the date of any subsequent revisions;
d. A north arrow;
e. The name and address of the professional and/or firm producing the plans;
f. A vicinity map showing the location of major streets, city boundaries, and the rough location of the property within the city;
g. The legal description of the property;
h. The size of the property in square feet with lots of greater than one acre showing lot size in acres and square feet;
i. All lot or property lines, including bearing and distance, and the buildable area boundaries;
j. The location and nature of any and all existing and proposed structures to be built or placed on the lot;
k. The location, size, and type of all existing and proposed drives, sidewalks, curb and gutter, curb cuts, signs, parking facilities, recreation areas, common use areas, and areas to be dedicated to the city for public use;
l. The location, dimension, and type of all rights of way, easements, streets, alleys, or roads on or abutting the lot or property;
m. The existing zoning of the property;
n. Contours for the entire lot or property at no more than two foot (2') intervals for areas of less than thirty percent (30%) slope and ten foot (10') intervals for areas of greater than thirty percent (30%) slope;
o. Random natural state spot elevations, in an amount deemed sufficient by the city engineer, with corresponding elevations for finished grade, including spot elevations for finished floor elevation of the main floor of the primary structure;
p. The general location and type of landscaping or vegetation anticipated to be installed, as well as the description and general location of any part of the lot or property to be left native;
q. The location, type, and size of any and all existing, proposed, or anticipated fencing, walls, or retaining walls (all retaining walls are to be engineered as required within the international building code);
r. The location of the nearest fire hydrant to the property and the location of any fire hydrant to be installed as a part of or associated with the development depicted on the site plan;
s. The location, type, and size of any and all existing and proposed utility mains and service laterals, including, but not limited to, water, sewer, natural gas, and electricity, and storm drainage facilities;
t. An original stamp, on each twenty four inch by thirty six inch (24" x 36") drawing of the professional engineer and/or surveyor preparing the site plan; stamps may be photocopies on eleven inch by seventeen inch (11" x 17") drawings;
u. Notes on all site plans and site plan amendments addressing at least the following:
(1) The applicant is responsible for compliance with all requirements of the Americans with disabilities act (ADA);
(2) Detailed fire protection plans shall be submitted and approved with the building permit plans;
(3) Additional requirements may be identified during the plan review by the fire department, which may be mandated by the international fire code, or subsequently adopted code;
(4) All landscaped areas shall have an automatic, underground sprinkling system with a backflow prevention device and a backflow prevention device to the building;
(5) All improvements and work to be done on site shall be done in accordance with city standards; and
(6) Water meters are to be located behind the sidewalk or behind the curb in an area that is accessible, not located behind fenced areas, or under covered parking.
5. Approval Process: Site plans, as required by this section, shall be approved according to the process depicted in exhibit D located at the end of this section. The planning commission and/or city council shall have the ability to require any such submittal to conform to the approval process as depicted in exhibit B located at the end of this section if it finds that:
a. The site includes areas of environmental sensitivity that necessitates extra cautious review;
b. The site contains oddities that may require added or special attention;
c. The site plan is deemed too complex and necessitates additional review time and attention;
d. The review time for the site plan becomes cumbersome;
e. The review of the site plans is contested by one or more citizens of Elk Ridge; or
f. Compliance with the provisions of the application or approval requirements is sufficiently lacking or not met.
J. Building Lots: A lot of record which meets the minimum lot standards for the zoning classification in which it is located and which, according to the records of Elk Ridge City, has not been approved as a building lot may be approved for construction on the site following application to the city council for review. The city council, based on the lot's compliance with the general intent of the city code and evidence of the availability of municipal services to the lot, may approve, approve with conditions, or deny an application for a lot of record to be considered buildable. Nonconforming lots of record shall comply with the terms of section 10-13-8 of this title. Following approval of a buildable lot, the owner of said lot shall be required to fulfill all application, process and fee requirements for any desired construction on the lot.
(Ord. 04-6, 7-13-2004, eff. 8-13-2004; amd. Ord. 06-3, 2-10-2006; Ord. 06-7, 4-25-2006; Ord. 07-7, 4-24-2007; Ord. 08-4, 2-26-2008; Ord. 08-9, 7-8-2008; Ord. 10-5, 1-26-2010, eff. 2-11-2010; Ord. 19-01, 1-8-2019; Ord. 22-06, 9-13-2022)
