Amended Ordinance No. 2024-01

An Ordinance of the City of Holladay Repealing Chapter 10 of Title 13 of the City of Holladay Municipal Code Relating to Subdivision Regulations, and Enacting in Its Place Chapter 10A of Title 13 Setting Forth Revised Subdivision Regulations and Revising Other Related Chapters of the Land Use Code.

Whereas, the Utah State Legislature during the 2023 Legislative Session enacted Senate Bill 174 requiring certain changes relating to the processing of subdivision applications; and

Whereas, the City desires to adopt amended regulations to comply with Senate Bill 174; and

Whereas, the Planning Commission has reviewed the proposed revisions, has held a public hearing and has recommended adoption of the revised Chapter 10A of Title 13 relating to subdivision regulations; and

Whereas, the City Council on January 18, 2024, adopted Ordinance No. 2024-01 which Ordinance mistakenly omitted from its enacting sections certain Chapters of the Code which were also intended to be amended by the City Council in its action, and the City Council desires now to amend Ordinance No. 2024-01 to properly reflect all the Chapters of the Zoning Code to be amended;

Now, Therefore, Be It Ordained by the Municipal Council of the City of Holladay, Utah as follows:

Section 1. Repeal. Chapter 10 of Title 13 of the City of Holladay Municipal Code relating to subdivision regulations is hereby repealed in its entirety.

Section 2. Adoption and Codification. Chapter 10A of Title 13 of the City of Holladay Municipal Code is hereby enacted to read in its entirety as set forth in Exhibit A, attached hereto and incorporated herein by reference. The intent of this provision is to recodify Chapter 10A of Title 13 containing new regulations relating to subdivisions.

Section 3. Amendment. Chapter 3 of Title 13 of the City of Holladay Municipal Code is hereby amended to read in its entirety as set forth in Exhibit B, attached hereto and incorporated herein by reference.

Section 4. Amendment. Chapter 4 of Title 13 of the City of Holladay Municipal Code is hereby amended to read in its entirety as set forth in Exhibit C, attached hereto and incorporated herein by reference.

Section 5. Amendment. Chapter 5 of Title 13 of the City of Holladay Municipal Code is hereby amended to read in its entirety as set forth in Exhibit D, attached hereto and incorporated herein by reference.

Section 6. Amendment. Chapter 8 of Title 13 of the City of Holladay Municipal Code is hereby amended to read in its entirety as set forth in Exhibit E, attached hereto and incorporated herein by reference.

Section 7. Amendment. Chapter 101 of Title 13 of the City of Holladay Municipal Code is hereby amended to read in its entirety as set forth in Exhibit F, attached hereto and incorporated herein by reference.

Section 8. Severability. If any section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of this Ordinance shall be severable.

Section 9. Effective Date. This Ordinance shall take effect upon publication or posting or thirty (30) days after passage, whichever occurs first.

Passed and Approved this 1st day of February, 2024.

Holladay City Council

By:

Robert Dahle, Mayor

[Seal] Voting:

Ty Brewer Yea X Nay ___

Matt Durham Yea X Nay ___

Paul Fotheringham Yea X Nay ___

Drew Quinn Yea X Nay ___

Emily Gray Yea X Nay ___

Robert Dahle Yea X Nay ___

Attest:

_____________________________

Stephanie N. Carlson, MMC

City Recorder

Deposited in the office of the City Recorder this 1st day of February, 2024.

Recorded this 1st day of February, 2024.

AMENDED SECTIONS

CHAPTER 13.03 SUBMISSION REQUIREMENTS

CHAPTER 13.04 DEFINITIONS

CHAPTER 13.05 LAND USE AND APPEAL AUTHORITIES

CHAPTER 13.08 DEVELOPMENT REVIEW AND APPROVAL FOR ADMINISTRATIVE PROCEDURES

CHAPTER 13.101 APPENDIX B – LAND USE AND APPEAL AUTHORITIES

CHAPTER 13.10 REPEALED AND REPLACED WITH CHAPTER 13.10a SUBDIVSION REGULATIONS

13.10.010: PURPOSE:

This chapter sets forth the procedures for considering and approving a subdivision, vacation, alteration, or amendment of a recorded subdivision plat; and vacation of a street, right-of-way, or easement. Such procedures are intended to provide for orderly, harmonious, safe, environmentally sensitive and functionally efficient development consistent with the priorities, values, and guidelines found in various elements of the Holladay City general plan and this title. (Ord. 2012-15, 9-20-2012; amd. Ord. 2022-14, 6-16-2022)

13.10.020: COMPLIANCE REQUIRED:

Except in compliance with the provisions of this chapter, no person shall subdivide any tract or parcel of land located wholly or in part in the City; purchase, sell, or exchange any land that is part of a subdivision or a proposed subdivision submitted to the Planning Commission; nor offer for recording in the Office of the County Recorder any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this title. (Ord. 2012-15, 9-20-2012)

13.10.030: AUTHORITY:

A. Planning Commission: The Planning Commission is authorized to approve a subdivision, or a vacation, amendment or alteration to a recorded plat that does not include the creation, amendment or vacation of a public street or other public easement or right-of- way.

B. City Council: The City Council, upon recommendation from the Planning Commission, is authorized to approve a subdivision or an amendment to a recorded plat that includes the creation of, or amendment or vacation of, all or part of a public street or other public easement or right-of-way. (Ord. 2012-15, 9-20-2012)

13.10.040: INITIATION:

A fee owner of land may apply to the City for approval of a subdivision. A fee owner of land within a subdivision that has been laid out and platted as provided in this chapter may apply to the City to have some or all of the plat vacated, altered, or amended. An agent of a fee owner shall provide a notarized authorization. (Ord. 2012-15, 9-20-2012)

13.10.050: SUBMISSION REQUIREMENTS:

A. Conceptual Plat: Unless waived by the Community Development Director as not applicable, the following items shall be submitted for conceptual subdivision review:

1. All information required by section 13.03.040 of this title;

2. A scaled drawing of the proposed subdivision. Such drawing shall include:

a. Name of development;

b. Name, phone number and business address of applicant/developer and engineer or land surveyor responsible for the preparation of the drawing;

c. Name, phone number and business address of property owner;

d. Date of preparation, scale, north arrow and current zoning designation;

e. A vicinity map containing sufficient information to locate accurately the property shown on the plat;

f. The number of proposed lots with lot widths and area;

g. Names and locations of existing and proposed fronting streets, public or private;

h. Existing contours;

i. Existing location of all significant trees as defined in section 13.04.040 of this title.

B. Preliminary Plat: Following conceptual plat approval the applicant shall submit to the community development director the following:

1. A completed preliminary plat application and fee together with the approved conceptual plat.

2. Three (3) full size paper copies and one 11-inch by 17-inch size copy of the preliminary plat, drawn to scale by a licensed engineer, architect, or land surveyor. A preliminary plat shall include the following:

a. In a title block located in the lower right hand corner the following shall appear:

(1) The proposed name of the subdivision, which name shall be verified by the community development department to be free of duplication;

(2) The location of the subdivision, including: current property address, and section, township and range;

(3) The names and addresses of the owner, the subdivider, if different than the owner, and the designer of the subdivision; and

(4) The date of preparation, scale (no less than 1 inch to equal 40 feet) and the north arrow.

b. A preliminary plat shall show existing conditions:

(1) The location of and dimensions to the nearest monument;

(2) All abutting property under the control of the subdivider, even though only a portion is being subdivided;

(3) The location, width and names of all existing public or private streets, and drive entrances within two hundred feet (200') of the subdivision and of all prior platted streets or other public ways, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, permanent easements and section and corporation lines, within and adjacent to the tract;

(4) The location of all existing wells, active and abandoned, and of all reservoirs within the tract and to a distance of at least two hundred feet (200') beyond the tract boundaries;

(5) Existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of at least two hundred feet (200') beyond the tract boundaries, indicating pipe sizes, grades, manholes and exact location;

(6) Existing tree canopy, ditches, canals, natural drainage channels, and open waterways;

(7) Boundary lines of abutting tracts of unsubdivided land, showing ownership where possible;

(8) Contours at vertical intervals of not more than two feet (2'). The 100-year flood level of all watercourses, if any, shall be indicated in the same datum for contour elevations;

(9) All installed fire hydrants on or within five hundred feet (500') of the proposed subdivision;

(10) Current zoning designation; and

(11) Parcels under the control of the applicant but not included in the subdivision shall be marked and included in the development and the boundary completely indicated by bearings and distances including accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed or covenant for common uses of all property owners.

c. A preliminary plat shall show proposed development:

(1) The boundary lines of the proposed subdivision indicated by a solid heavy line and the total approximate acreage encompassed therein;

(2) Layout, numbers, and typical dimensions of lots;

(3) Parcels of land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision;

(4) Easements for water, sewers, drainage, utility lines and any other easements required by the Planning Commission's conceptual approval;

(5) Details of all proposed realignments of existing ditches, canals, natural drainage channels, and open waterways;

(6) Locations of all proposed streets, including typical street cross sections, and dimensions of public streets, private streets, and driveways within two hundred feet (200') of the plat (proposed street names shall be verified by the Salt Lake County Assessor’s Office to be free of duplications); and

(7) Landscaping and proposed grading plan; featuring water- efficient landscape designs conforming to the standards of the underlying zone, as set forth in 13.77 of this title.

3. Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective street system of the unplatted parts of the subdivider's land shall be submitted, and the street system of the part submitted shall be considered in relationship to existing master street plans; and

4. Where required, written evidence of any agreements with abutting property owners relative to the subdivision development. These agreements shall include those relative to drainage, easements, protection strips, property line agreements or exchanges and improvement bonds. (Ord. 2014-19, 11-20-2014)

5. Where the subdivision abuts a public street, a detailed street tree plan, which shows compliance with the provisions of section 13.77.080, "Tree Canopy Sustainability", of this title. (Ord. 2014-19, 11-20-2014; amd. Ord. 2018-18, 11-8-2018)

6. A will-serve letter from each utility company serving the project stating the company has reviewed the plat and is setting forth its comments concerning the extent of service availability; and acceptance of the proposed location of all utility easements. A copy of the plat approved by the utility company shall be returned to the Technical Review Committee, initialed and stamped by the company.

7. A copy of proposed protective covenants, articles of incorporation, association or condominium, if applicable.

8. Information required for the City to establish financial guarantee for any improvements to be placed on public property.

9. To mitigate possible adverse impacts from the proposed development, the Technical Review Committee shall determine from a review of the preliminary plat whether the soil, slope, vegetation, and the drainage characteristics of the site are such as to require substantial cutting, clearing, grading, and other earthmoving operations in the construction of the development, or otherwise create an erosion hazard and, if so, the Community Development Director shall require the applicant to provide soil erosion, geological hazard and sedimentation control plans and specifications. Such control plans and specifications shall be prepared by a qualified professional with the costs of preparation of such plans and specifications being borne by the applicant.

10. The following additional information shall be submitted to the Community Development Director for preliminary plat review if determined necessary by the Community Development Director and the Technical Review Committee:

a. A traffic study prepared by a qualified traffic engineer or other qualified person; and

b. Evidence that the applicant has sufficient control to effectuate the proposed use.

11. Where applicable, a geotechnical study including groundwater depths, soil stability and seismic hazard potential.

12. Civil construction drawings with sufficient detail for construction of all improvements, stamped by the project engineer including:

a. Horizontal control.

b. Demolition.

c. Grading and drainage.

d. Erosion control.

e. Utilities, on site and off site.

f. Roadway design.

g. Civil details, general notes, etc.

h. Appropriate supporting documents showing compliance with state and federal standards such as: air emissions, site pollution prevention measures and water discharge standards.

C. Final Plat: The following items shall be submitted to the community development director for final plat review:

1. A completed final plat application and fee together with the approved and updated preliminary plat;

2. If applicable, a trust agreement for perpetual care funds as required as part of the preliminary plat approval;

3. Title report as required by the city attorney.

4. Three (3) full size paper copies and one 11-inch by 17-inch size copy of the final plat, drawn to scale by a licensed engineer, architect, or land surveyor.

5. Drawings for final subdivision plat approval shall meet the following standards:

a. Drawings shall be prepared and certification made as to plat accuracy by a registered professional licensed to do such work in the state of Utah. The final plat shall be drawn on a sheet approved by the Salt Lake County recorder (mylar original). The final plat shall be drawn with all lines, dimensions and markings made in waterproof black drawing ink. A workmanlike execution of the plat shall be made in every detail. A poorly drawn or illegible plat is sufficient cause for final plat rejection.

b. The information on the plat shall include the following:

(1) Name of development;

(2) Name and address of owner or owners of record;

(3) Total acreage of development project; total number of lots and acreage of each;

(4) Township, range, section (and quarter section, if portion);

(5) Graphic scale;

(6) North arrow and basis thereof;

(7) Date of preparation;

(8) Zoning designation as of date of approval; and

(9) Legal description.

c. The bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside with the lot dimensions, and tied to two (2) existing land monuments (and state plane coordinates when required by the city engineer). Boundary lines shall be drawn heavier than street and lot lines.

d. Accurate angular and linear dimensions for all lines, angles and curves used to describe streets, alleys or similar areas to be reserved for public use and other important features. All streets, walkways and alleys shall be designated as such and streets shall be numbered; bearings and dimensions shall be given. The plat shall contain the dedication to the city of all streets and highways included in the proposed subdivision. Street monuments shall be installed by the subdivider's engineer or land surveyor at such points designated on the final plat as are approved by the community development department. Standard precast monuments shall be placed prior to the release of the improvement bond. Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement and maintenance of such streets shall be obtained from the public agency or utility company and entered on the final plat in a form approved by the city attorney.

e. All bearings and lengths shall be given for all lot lines, except that bearings and lengths need not be given for interior lot lines where the bearings and lengths are the same as those of both end lot lines. Lot lines shall show dimensions in feet and hundredths. Pipes or other such physical markers shall be placed at each lot corner.

f. On curved boundaries and all curves in the plat, sufficient data shall be given to enable the reestablishment of the curves on the ground. Lengths shall be shown to hundredths of a foot, and angles and bearings shall be shown to seconds of arc. This curve data shall include the following for circular curves:

(1) Radius of curve;

(2) Central angle;

(3) Tangent;

(4) Arc length; and

(5) Chord (bearing and length).

g. An identification system for all lots and blocks and names of streets.

h. The bearings, dimensions, and locations of all easements within the subdivision. The following note shall be included:

Utilities shall have the right to install, maintain, and operate their equipment above and below ground and all other related facilities within the public utility easements identified on this plat map as may be necessary or desirable in providing utility service within and without the lots identified herein, including the right of access to such facilities and the right to require removal of any obstructions including structures, trees and vegetation that may be placed within the PUE. The utility may require the lot owner to remove all structures within the PUE at the lot owner's expense, or the utility may remove such at the lot owner's expense. At no time may any permanent structures be placed within the PUE or any other obstruction which interferes with the use of the PUE without the prior written approval of the utilities with facilities in the PUE.

i. All lands within the boundaries of the plat shall be accounted for either as lots, walkways, streets, alleys, excepted parcels, common areas, building areas, parking areas, drainage facilities, landscape areas, and permanent open space, etc.

j. All dimensions of irregularly shaped lots shall be indicated in each lot.

k. Parcels that are not contiguous shall not be included in one plat, nor shall more than one plat be made on the same street. Contiguous parcels owned by different parties may be included in one plat, provided all owners join in dedication and acknowledgment.

l. The accurate location of all monuments, fire hydrants and streetlights to be installed shall be shown by the appropriate symbol. All United States, state, county or other official bench marks, monuments or triangulation stations in or abutting the property, shall be preserved in precise position.

6. The final plat requires:

a. A registered land surveyor's certificate of survey;

b. The owner's certificate of dedication;

c. A notary public's acknowledgment;

d. The planning commission's certificate of approval;

e. The city engineer's certificate of approval;

f. The Salt Lake County health department's certificate of approval;

g. The community development director's certificate of approval;

h. The city attorney's certificate of approval;

i. The city manager's certificate of approval;

j. A one and one-half inch by five inch (11/2" x 5") space in the lower right hand corner of the drawing for the county recorder's use; and

k. Where applicable, the city council's certificate of approval.

7. For all plats that include private streets, the following note shall be included: "No City Maintenance Provided On Private Streets".

8. Where applicable, a note referring to a conditional use permit pertinent to the development.

9. The city may request a computer file of the plat. The file shall be compatible with the city's electronic mapping system.

10. If a plat is revised, the redlined copy of the old plat shall be returned for comparison purposes.

D. Vacating, Altering, Or Amending A Plat: Each petition to vacate, alter, or amend an entire plat or a portion of a plat shall include:

1. The name and address of each owner of record of the land contained in the entire plat;

2. The signature of each of these owners who consents to the petition; and

3. All information as required by subsection C of this section.

E. Vacating A Street, Right Of Way, Or Public Access Easement: A petition to vacate some or all of a public street, right of way, or public access easement shall include:

1. The name and address of each owner of record of land that:

a. Abuts the public street, right of way, or easement; or

b. Is accessed exclusively by or within three hundred feet (300') of the public street, right of way, or easement; and

2. The signature of each owner under subsection E1a of this section who consents to the vacation.

3. All information as required by subsection C of this section. (Ord. 2014-19, 11-20-2014; amd. Ord. 2022-14, 6-16-2022)

13.10.060: NOTICING REQUIREMENTS:

A. Conceptual Review: For conceptual plat review of a subdivision the city shall send notice and post the meeting agenda as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

B. Preliminary Plat Review: For preliminary plat review the city shall notify the applicant and any third party requesting notice of the date, time and place of the public meeting.

C. Final Plat Review:

1. In cases where the planning commission shall approve a final plat at a public meeting as required by subsection 13.10.070C3 of this chapter, the city shall provide posted notice as required in Appendix C: "Noticing Requirements" of Title 13.

2. In cases where the city council shall approve a final plat at a public meeting as required by subsection 13.10.070C4 of this chapter, the city shall provide posted notice of the time, as required in Appendix C: "Noticing Requirements" of Title 13.

D. Vacating, Altering, Or Amending A Plat With Or Without A Public Street: The city shall provide notice of all public hearings and public meetings regarding the amendment, alteration or vacation of a recorded plat, with or without a public street, as required by subsection C of this section. (Ord. 2016-27, 11-3-2016; amd. Ord. 2021-18, 8-5-2021)

13.10.070: REVIEW PROCEDURE:

A. Conceptual Plat: Prior to approval of an application for subdivision, the planning commission shall hold a public hearing as provided in subsection 13.10.060A of this chapter and shall approve, approve with modifications, continue for further investigation, or deny the conceptual subdivision plat. (Ord. 2016-04, 4-14-2016)

1. When public facilities are required within the boundaries of a proposed development for the benefit of the community as established in the Holladay city general plan, the developer shall reserve a site appropriate in area and location for such public facility.

2. Unless the planning commission indicates otherwise, denial of a conceptual subdivision plat shall not constitute an absolute disapproval of a proposed development, but rather shall give the developer guidance regarding the requirements and constraints for such development within Holladay.

3. An applicant may submit an application for preliminary plat approval after conceptual plat approval is granted.

4. A conceptual plat approval shall be valid for one year from the date of approval. Resubmission of a conceptual plat may be required by the planning commission prior to filing an application for preliminary plat approval.

B. Preliminary Plat:

1. The community development director shall, upon receipt of a complete preliminary plat submission, distribute copies of the plat to the city engineer, other members of the technical review committee, and to such other governmental departments and agencies for review and comment as required or recommended by the planning commission or community development director.

2. When the community development director and the technical review committee determine the application is substantially complete, the application shall be forwarded to the planning commission for review at their next regularly scheduled meeting.

3. After review of the preliminary plat at a public meeting, the planning commission shall approve, approve with modifications, continue for further investigation, or deny the preliminary plat. The planning commission may postpone action to allow the applicant time to provide materials or additional information needed by the planning commission to take appropriate action.

4. The planning commission shall determine whether the final plat may be approved administratively by the community development director with a recommendation from the technical review committee, should be returned to the planning commission for approval at a public meeting or forwarded to the city council for a final decision.

5. If any part of a proposed subdivision is deemed suitable by the planning commission for a school, park, playground, street, highway, or other area for public use, the planning commission may withhold approval of the preliminary plat for up to one year after apprizing the proper agencies in writing of the property owner's intent to subdivide. If any such area proposed for public use has not been freely dedicated to the public by the owner or has not been purchased by the proper agency within one year from the date of notification, such area may be divided into lots and sold in accordance with the provisions of this title.

6. The planning commission may grant a one year extension of the preliminary plat approval for good cause if the request for any extension is received prior to the expiration date of the initial approval. In approving an extension, the planning commission may review and modify or amend the original approval conditions and requirements, subject to the same notice and process requirements used for the original approval.

C. Final Plat:

1. Within one year after receiving approval of the preliminary plat by the planning commission, or the expiration of any extension granted under subsection B6 of this section, the subdivider shall submit a copy of the approved preliminary plat and copies of the final plat to the community development director for review.

2. The community development director shall distribute copies of the final plat to the technical review committee for review and recommendation before scheduling the application for consideration or approval by the appropriate land use authority as determined by the planning commission as part of the preliminary plat approval.

3. If required by the preliminary plat approval, the planning commission shall review the final plat at a regularly scheduled public meeting. If the final plat and all supplementary data comply with applicable requirements of this title and the approved preliminary plat, the planning commission shall approve the final plat, except as required by subsection C4 of this section.

4. For final subdivision plats that involve installation of all or part of a public street, the planning commission shall forward the final plat along with its recommendation to the city council for a final decision at a public meeting.

5. The community development director shall send written notice of a final decision by the land use authority to the applicant within ten (10) calendar days.

6. The basis for rejection of a final plat shall be its nonconformance to adopted rules, regulations and ordinances currently in force and affecting the land and its development, its lack of conformance with the approved preliminary plat, technical inaccuracies or insufficiencies, or poor workmanship in preparation of the plat and associated documents.

7. The community development director shall establish the kind and amount of financial security as required by section 13.01.100 of this title necessary to guarantee completion of all required public improvements.

D. Vacating, Altering, Or Amending A Plat:

1. If a petition is filed under section 13.10.040 of this chapter, the planning commission shall hold a public hearing within forty five (45) days after the petition is filed if:

a. Any owner within the plat notifies the city of the owner's objection in writing within ten (10) days of mailed notification; or

b. A public hearing is required because all of the owners in the subdivision have not signed the revised plat.

2. The public hearing requirement of subsection D1 of this section does not apply and the planning commission may consider at a public meeting an owner's petition to vacate or amend a subdivision plat if the petition seeks to:

a. Join two (2) or more of the petitioner fee owner's contiguous lots; (Ord. 2012-15, 9-20-2012)

b. Adjust the lot lines of abutting lots or parcels if the fee owners of each of the abutting lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision, and where no new lots will be created by the lot line adjustment and the newly configured lots comply with the land use regulations in this title; (Ord. 2015-02, 2-5-2015)

c. Adjust an internal lot restriction imposed by the local political subdivision; or

d. 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

(3) Notice has been given to adjacent property owners in accordance with section 13.10.060 of this chapter.

3. The name of a recorded subdivision may be changed by recording an amended plat making that change, as provided in this section. An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the county recorder's office. (Ord. 2012-15, 9-20-2012)

13.10.080: APPROVAL STANDARDS:

A. Preliminary Plat: The planning commission shall approve only those preliminary plats that:

1. Are in accordance with the intent, standards, and criteria specified in the Holladay City general plan, this title, and any other applicable regulations;

2. Conform to an approved conceptual plat;

3. Create no financial hardship to the city; and

4. Create no environmental consequence that will adversely impact adjacent properties and the health, safety, or welfare of the inhabitants of the city when weighed against the positive impacts of such development.

B. Final Plat: If the final plat conforms to applicable requirements of this title and has been approved by the culinary water authority and the sanitary sewer authority, the land use authority shall approve the plat.

C. Approval Of Vacation, Alteration, Or Amendment Of Plat Without A Public Street:

1. The planning commission may approve the vacation, alteration, or amendment of a plat by signing an amended plat showing the vacation, alteration, or amendment if the planning commission finds that:

a. There is good cause for the vacation, alteration, or amendment; and

b. No public street, right of way, or public access easement has been vacated or altered.

2. The city shall ensure that the amended plat showing the vacation, alteration, or amendment is recorded in the office of the Salt Lake County recorder. (Ord. 2012-15, 9-20-2012)

D. Vacation Of Some Or All Of A Public Street:

1. If a petition is submitted containing a request to vacate some or all of a street, right of way, or public access easement, the city council shall hold a public hearing upon receiving a recommendation from the planning commission, in accordance with subsection 13.10.060C of this chapter.

2. The city council may adopt an ordinance granting a petition to vacate some or all of a public street, right of way, or public access easement if the council finds that:

a. Good cause exists for the vacation; and

b. Neither the public interest nor any person will be materially injured by the vacation.

3. If the city council adopts an ordinance vacating some or all of a public street, right of way, or public access easement, the council shall ensure that a plat reflecting the vacation is recorded in the office of the Salt Lake County recorder.

4. The action of the city council in vacating some or all of a street, right of way, or public access easement that has been dedicated to public use:

a. Operates to the extent to which it is vacated, upon the effective date of the recorded plat, as a revocation of the acceptance of and the relinquishment of the city's fee in the vacated street, right of way, or public access easement; and

b. May not be construed to impair:

(1) Any right of way or easement of any lot owner; or

(2) The franchise rights of any public utility.

5. Nothing in this section shall prohibit the city from closing a public street, right of way or public access easement and retaining the property for other public uses. (Ord. 2016-04, 4-14-2016)

E. Vacation Of An Entire Subdivision Plat:

1. The city council may, by resolution, grant a petition to vacate an entire subdivision plat.

2. The city shall ensure that the council's resolution containing a legal description of the entire vacated subdivision plat is recorded in the county recorder's office.

F. Tax Clearance Required: The city may withhold an otherwise valid plat approval until the owner of the land provides the city with a tax clearance indicating that all taxes, interest, and penalties owing on land to be dedicated to the city have been paid.

G. Required Signatures: The owner of the land shall acknowledge the plat before an officer authorized by law to take the acknowledgment of conveyances of real estate and shall obtain the signature of the Salt Lake Valley health department representative.

H. Surveyor Certification: The surveyor making the plat shall certify that the surveyor:

1. Holds a license in accordance with Utah Code Annotated section 58-22-101 et seq., professional engineers and professional land surveyors licensing act;

2. Has completed a survey of the property described on the plat in accordance with Utah Code Annotated section 17-23-17, as amended, and has verified all measurements; and

3. Has placed monuments as represented on the plat.

I. Underground And Utility Facilities Approval:

1. As applicable, the owner or operator of the underground and utility facilities shall approve the:

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

b. Location of existing underground and utility facilities; and

c. Conditions or restrictions governing the location of the facilities within the right of way, and easement grants of records, and utility facilities within the subdivision.

2. The approval of an owner or operator of the underground and utility facilities:

a. Indicates only that the plat approximates the location of the existing underground and utility facilities but does not warrant or verify their precise location; and

b. Does not affect a right that the owner or operator has under:

(1) Utah Code Annotated section 54-3-29 damage to underground utility facilities;

(2) A recorded easement or right of way;

(3) The law applicable to prescriptive rights; or

(4) Any other provision of law. (Ord. 2012-15, 9-20-2012)

J. Lot Line Adjustment: A petition to adjust lot lines between abutting properties may be executed upon the recordation of an appropriate deed if: (Ord. 2015-02, 2-5-2015)

1. No new dwelling lot or housing unit results from the lot line adjustment; (Ord. 2012-15, 9-20-2012)

2. The abutting property owners consent to the lot line adjustment; (Ord. 2015-02, 2-5-2015)

3. The lot line adjustment does not result in remnant land that did not previously exist;

4. The adjustment does not result in violation of applicable requirement of this title; and

5. The petition has been reviewed and approved by the community development director prior to recordation with the Salt Lake County recorder's office. (Ord. 2012-15, 9-20-2012)

13.10.090: EXPIRATION:

After obtaining final approval from the city, the final plat, or amended plat bearing all official approvals as required in this title shall be recorded with the county recorder at the expense of the subdivider. Approval of the final plat, or amended plat by the land use authority shall be void if the plat is not recorded within one year after the date of approval, unless application for an extension of time is made in writing to the appropriate land use authority and granted during the one year period. (Ord. 2012-15, 9-20-2012)

13.10.100: APPEAL:

Any person adversely affected by a final decision of the planning commission regarding a subdivision request or plat amendment may appeal that decision to the city council. Any person adversely affected by a final decision of the city council regarding the subdivision, vacation, or amendment of a recorded subdivision plat involving all or part of a public street may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801, as amended. (Ord. 2012-15, 9-20-2012)

13.10.110: BUILDING PERMIT ISSUANCE:

From the effective date hereof, the community development department shall not grant a permit, nor shall any city officer grant any license or permit for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any provisions of this code until a subdivision plat therefor has been recorded or approved as required in this code. Any license or permit issued in conflict with such provisions shall be void. (Ord. 2012-15, 9-20-2012)

13.10.120: DESIGN STANDARDS:

A. Departmental Standards: Standards for design, construction specifications and inspection of street improvements, curbs, gutters, sidewalks, storm drainage and flood control facilities shall comply with the "Standard Details For Public Works Construction" as adopted by the city.

B. Design Standards Generally: The design of the preliminary and final subdivision plats in relation to streets, blocks, lots, open spaces, and other design factors shall be in conformance with accepted design standards established by the city's technical review committee.

C. Blocks:

1. Dedicated walkways through a block may be required where access is necessary to a point designated by the planning commission. Such walkways shall be a minimum of six feet (6') in width, but may be required to be wider where determined necessary by the planning commission. The subdivider shall surface the full width of the walkway with a concrete surface, install a chainlink fence or its equal four feet (4') high on each side and the full length of each walkway and provide, in accordance with the standards, rules and regulations, barriers at each walkway entrance to prevent the use of the walkway by any motor vehicle or by any other nonmotorized vehicle wider than four feet (4').

2. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off street parking and delivery facilities.

D. Lots:

1. Lot arrangement and design shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, to the character of surrounding development and to existing requirements.

2. All lots shown on a preliminary or final plat shall conform to the minimum requirements of this title for the zone in which the subdivision is located, and to the minimum requirements of the Salt Lake County health department for water supply and sewage disposal. The minimum width for any residential building lot shall be as required by the zone in which the lot is located.

3. Each lot shall abut a public street or private right of way and be shown on a subdivision plat. Double frontage lots shall be prohibited except where unusual conditions make other designs undesirable.

4. Unless there are unusual conditions associated with the property, side lot lines or lots shall be approximately at right angles, or radial to street lines. (Ord. 2012-15, 9-20-2012)

5. In general, all remnants of lots below the minimum lot size shall be added to abutting lots, rather than allowed to remain as unusable parcels.

E. Protection Strips: Where subdivision streets parallel contiguous property of abutting owners, the subdivider may, upon approval of the planning commission, retain a protection strip not less than one foot (1') in width between the street and abutting property, provided that an agreement, approved by the city attorney, has been made by the subdivider, contracting to deed to the then owners of the contiguous property, the protection strip for a consideration named in the agreement. Such consideration may not be more than the fair cost of land in the protection strip, the street improvements properly chargeable to the contiguous property, plus the value of one-half (1/2) the land in the street at the time of agreement, together with interest at a fair rate from the time of agreement until the time of the subdivision of such contiguous property. One copy of the agreement shall be submitted by the city attorney to the planning commission prior to approval of the final plat. Protection strips shall not be permitted at the end of or within the boundaries of a public street or proposed public street or within any area intended for future public use. Each agreement shall be recorded against all abutting properties in the records of the Salt Lake County recorder. (Ord. 2015-02, 2-5-2015)

F. Undevelopable Parcels: Plats may designate lots which are designated as "undevelopable". Such lots do not need to meet the minimum lot size requirements of the zone and may be retained by the subdivider with restrictive covenants or deeded to the city. (Ord. 2012-15, 9-20-2012)

13.10.130: REQUIRED IMPROVEMENTS:

A. Certification Of Improvements: No final plat of a subdivision of land shall be recorded, except as provided in 13.01.100 of this title. Community and Economic Development department shall certify accordingly prior to issuance of building permits that the improvements described in the subdivider’s plat and specifications have been completed, that they meet the minimum requirements of this title and other applicable ordinances of the city, and any other county, state or federal agency having jurisdiction over individual improvements.

B. Storm Sewers: Storm sewers shall be constructed throughout the entire subdivision to carry off water from all inlets and catch basins, and shall be connected to an adequate outfall. A stormwater drainage system subject to the approval of the technical review committee shall be provided, and shall be separate and independent of the sanitary sewer system. Final plats for the drainage system shall be prepared by a licensed engineer not in the employ of the city.

C. Storm Drainage (Canals And Ditches):

1. No ditch or canal shall be approved as suitable for the use of storm drainage water without the written permission of the appropriate ditch or canal company or of the water users for such use. No ditch or canal shall be used for stormwater unless adequately improved to handle such water as may be reasonably expected to be conveyed through the canal or ditch including, irrigation water, subdivision runoff water, and other water expected to reach such canal or ditch. Any modification to an existing canal or ditch is also subject to the review and approval of the city engineer. (Ord. 2012-15, 9-20-2012)

2. The subdivider shall work with irrigation, drainage or ditch companies as to:

a. Methods of covering, realigning or eliminating ditches or canals within or abutting the subdivision;

b. The size of pipe and culverts required; and

c. The responsibility for the periodic inspection, cleaning and maintenance of such ditches, pipes and culverts. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be approved by the community development department. (Ord. 2015-02, 2-5-2015)

D. Certification Of Protection: No plats for subdivision improvements shall be approved by the city unless a "certification of protection of existing irrigation and storm drain facilities" has been completed and submitted to the city.

E. Street Improvements:

1. The subdivider shall submit a complete set of construction plans and profiles of all streets, existing and proposed, within a subdivision to the technical review committee as set forth in section 13.10.050 of this chapter. Plans and profiles shall be prepared by a licensed professional engineer not in the employ of the city and shall be accompanied by the preliminary plat. The technical review committee shall within a reasonable time not to exceed twenty (20) days from the receipt of the plans and profiles, notify the subdivider of approval, and in case of disapproval the reasons therefor. Such plans and profiles shall include:

a. The designation of limits of work to be done;

b. The location of the bench mark and its true elevation according to city datum, all profiles to be referred to that datum;

c. Profiles which indicate finished and existing grades for each side of the street, including separate profiles, clearly designated, made for each side of the street;

d. Construction plans which include details of curb and gutter and street cross sections, location and elevation of manholes, catch basins and storm sewers, elevations and location of fire hydrants and any other detail necessary to simplify construction;

e. Complete date for field layout and office checking;

f. The street address of the project; and

g. On curb returns, at least two (2) additional control points for elevation besides those at points of curvature. Control points shall be staked in the field to ensure drainage at intersection.

2. The arrangement of streets in a new subdivision shall make provision for the continuation of the existing streets in adjoining areas and shall provide access to unsubdivided adjoining areas insofar as such continuation or access shall be deemed necessary by the planning commission. New streets shall connect with existing public streets.

3. All streets within the city shall be improved with pavements bounded by integral concrete curbs and gutters to an overall width in accordance with the standards, rules and regulations approved by the city council. Pavements shall be constructed in accordance with the requirements of the standards, rules and regulations approved by the city council.

a. The subdivider shall install curbs, gutters, and sidewalks on existing and proposed streets in all subdivisions.

b. The subdivider shall install landscaping including street trees in the area between the curb and sidewalks. The type and number of trees required shall comply with the provisions of section 13.77.080 of this title. All landscaping installed within the public rights of way shall include those plants and materials appropriate for the local environment, soil conditions and availability of water and shall be maintained in perpetuity by the abutting property owner.

4. Street name signs, conforming to section 13.10.150 of this chapter shall be provided by the developer at all street intersections.

F. Trails: Trails shall be located so that the route is feasible for both construction and long term maintenance; insurmountable physical obstructions shall be avoided. The specific location of the trail right of way shall be verified on the ground before approval of the subdivision.

G. Fire Hydrants: Fire hydrants shall be installed in all subdivisions in accordance with the regulations of the uniform fire authority.

H. Stormwater Inlets And Catch Basins: Stormwater inlets and catch basins shall be provided within the roadway improvements at points specified by the community development director.

I. Fencing Requirements: If the planning commission determines such features to be a hazard to life, the planning commission shall require the installation of a six foot (6'), nonclimbable chainlink fence, or its equivalent, along all open ditches, canals or waterways, nonaccess streets, open reservoirs or bodies of water, railroad rights of way and other such features of potentially hazardous nature on, crossing or contiguous to the property being subdivided.

J. Street Lighting: In cases where the planning commission finds outdoor lighting to be necessary to ensure the health, safety and welfare of the citizens of the city, the planning commission shall require the installation of streetlights. All approved outdoor lighting shall be designed to reduce or prevent light pollution with no escaping light permitted to contribute to sky glow by shining upward into the sky. (Ord. 2012-15, 9-20-2012; amd. Ord. 2023-10, 9-7-2023)

13.10.140: CONSTRUCTION OF IMPROVEMENTS:

A. Preconstruction Meeting: At least seven (7) days prior to construction of any required improvements, the community development director shall be notified by the applicant so that a preconstruction meeting may be scheduled between the applicant, the city, and other parties as appropriate. Attendance at this meeting by the applicant or the applicant's designee is mandatory.

1. The preconstruction meeting shall include the following items:

a. Submittal of the improvements completion assurance warranty as required by section 13.01.100 of this title.

B. As Built Plans And Drawings: As built plan and profile drawings shall be furnished to the community development director of all street improvements, storm sewer, sanitary sewer, and water systems constructed within public rights of way. The city shall retain the subdivider’s improvement warranty guarantee bond until such plans have been submitted and accepted.

C. Protection And Maintenance Of Existing Improvements: Extreme care should be exercised on the part of the subdivider, the contractor, and all other associated agencies for the protection and maintenance of all existing or newly placed improvements or facilities within roadway sections during development.

D. Responsibility For Damages: Any damage to any bonded improvement or facility incurred during the period of development shall be the sole responsibility of the subdivider. Damage caused by the subdivider or any agents of the subdivider shall be repaired by the subdivider to the satisfaction of the city prior to final acceptance and improvement warranty guarantee release.(Ord. 2012-15, 9-20-2012; amd. Ord.2023-10, 9-7-2023)

13.10.150: PROPERTY IDENTIFICATION:

A. Purpose: It is the purpose of this section to establish in the city a uniform system of property identification in order to ensure order among street names and numbers and structure numbers within the city, and to facilitate rapid and accurate property identification for the providers of emergency services within the community.

B. Duty To Identify Property: It shall be the duty of the community development director to:

1. Establish a uniform property identification system in the city;

2. Name and number all streets therein and to designate numbers for houses or buildings fronting upon all such streets;

3. Establish a uniform system of thoroughfare identification signs upon all streets;

4. Maintain a record of all fees collected and/or money transfer requests relating to identification of properties; and

5. Enforce the provisions of this section consistent with its purpose.

C. Names Of Streets Designated In Official Street And Address Files: All streets of the city, whether public or private, shall be known by the names by which they are so designated in the official street and address files of the city, filed in the office of the community development director, with such additions, changes, and corrections of the names as shall from time to time be placed in the official files by ordinance. All proposed street names, whether public or private shall be reviewed and approved as being free of duplication by the Salt Lake County auditor prior to being placed in the official files.

D. Numbering System: The community development director, in numbering houses or buildings upon the streets of the city, shall adhere to the Salt Lake County standard address procedures 1002, ordinance 997, section 1 (part), 1987, as amended, and on file in the community development department.

E. Display Of Property Identification Number: When a property identification number has been designated by the community development director, the owner or occupant of such house or building shall cause a painted, carved or cast duplicate of such number at least three inches (3") in height and varying in size according to the setback distance of the structure, and of a shade contrasting with the background upon which the number is mounted, to be located on the structure as provided in this chapter. Such number shall be block numerals (not script) and shall be located in a conspicuous position upon the portion of such structure which faces the thoroughfare identified in the address certificate. The property identification number shall be mounted in a permanent, stationary, and durable manner, unobstructed at all times by vines, screens or anything that would tend to hide or obscure the number, and at a sufficient height that the number will be clearly perceptible with the unaided eye from the centerline of the thoroughfare upon which the structure is located.

F. Building And Occupancy Permit Requirements:

1. No building permit shall be issued until such time as the applicant has paid required fees and applied for and received a legal situs address from the community development director. The official address so issued must appear on the building permit when issued.

2. No occupancy permit shall be issued until such time as the applicant has paid required fees, applied for and received official certificate of property identification, and permanently affixed the official address to the structure and substructure as required in this chapter. The community development director shall have the right to change property identification numbers without notice and with or without cause prior to issuance of an occupancy permit.

3. It is unlawful for any owner of a parcel of land upon which a structure is located to fail to number such structure or units within the structure with the number designated by the community development director.

G. Final Plat:

1. Property identification approval shall be given by the community development director prior to final approval of a subdivision.

2. The property identification approval shall appear on the final plat of a subdivision, planned unit development, condominium, or other proposed development prior to final approval and upon amendment.

3. The developer shall pay for and the city shall arrange to manufacture and install all thoroughfare identification signs as required by the community development director.

H. Street Identification Change:

1. Upon application from seventy five percent (75%) of the owners of structures located upon a thoroughfare for a change in thoroughfare name identification, and upon payment of a fee of two hundred fifty dollars ($250.00), the technical review committee shall review the application and make a determination as to the propriety of the requested change. If the technical review committee recommends the change, the request shall be forwarded to the city council for a final determination.

2. If the request is granted by the city, the applicant shall pay the cost of changing signage. After payment is received, the city shall change the signs and the official street file.

3. If, in the opinion of the city council, the requested change of thoroughfare name serves a legitimate public interest, the city council may waive payment of the fee.

I. Thoroughfare Identification Signs: Thoroughfare identification signs, approved by the city, shall be paid for by the developer or property owner with manufacturing and installation arranged by the city at the intersections of all streets and highways and at such other locations as may be determined to be necessary by the community development director.

1. It is unlawful to erect or maintain any thoroughfare identification sign which has not been approved by the Community Development Director.

2. All street signs shall be constructed and installed in accordance with the specifications approved by and on file with the City.

3. It shall be the duty of the Community Development Director to enforce the provisions of this section.

J. Nonconforming Properties; Time For Compliance:

1. This section shall apply to all thoroughfares, streets, structures, street identification signs, and address numbers, public or private, existing within the City at the time of adoption hereof as well as those thereafter created or constructed.

2. Those thoroughfares, streets, structures, signs and address numbers which are not in compliance with this chapter or which fail to comply with the designations made by the Community Development Director pursuant to this chapter at the time of adoption hereof shall be brought into full compliance by owners not later than sixty (60) days after notification by the City. (Ord. 2012-15, 9-20-2012)

13.10.160: SALT LAKE VALLEY HEALTH DEPARTMENT REGULATIONS:

A. Adoption Of Health Regulations: The provisions of the Salt Lake Valley Health Department, health regulation no. 12, entitled "subdivisions", as currently adopted under authority of Utah Code Annotated, are incorporated in their entirely by reference.

B. Violation: A violation of any provision of any health regulation incorporated into this title shall constitute a misdemeanor as defined by the Utah Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such. (Ord. 2012-15, 9-20-2012)

13.10.170: CONSOLIDATION OF PARCELS:

A. Purpose: The purpose of this section is to regulate for the consolidation of abutting parcels and/or subdivision lots.

B. Applicability: This section applies to abutting land parcels or lots whether or not they are part of a previously recorded subdivision. In order for two (2) or more abutting lots to be consolidated into one lot, the following criteria shall be met:

1. Compliance with regulations of this title including maximum lot size as allowed by section 13.14.040, chart 13.14.041, of this title, if applicable.

2. A lot consolidation cannot yield two (2) principal buildings on one lot, unless permitted in the zoning district or by an approved planned development.

3. A lot consolidation cannot alter or amend the exterior boundaries of a previously recorded subdivision.

C. General Application Requirements: The application for consolidation of parcels shall include:

1. A survey, verified by a Utah registered land surveyor or professional engineer, depicting the following information:

a. Current lot lines; and

b. Location of any home(s) and/or building(s) on the parcels involved, including accessory buildings.

2. Verify location and existence of any utility easement(s) that will impede future development.

3. A copy of the deed or other recordable instrument that will be used to execute the consolidation. The instrument shall clearly indicate that the parcels are to be consolidated into one parcel and one legal description.

D. City Internal Review: The Community Development Director or his designee shall review the application for completeness and for compliance to the regulations of this title. Upon review of the application, the Community Development Director, or his designee, may either approve or deny the lot consolidation.

E. Recordable Instrument:

1. When the consolidation does not involve any lots that are part of a previously recorded subdivision, City approval of the consolidation shall be in the form of a notarized findings and order executed by the Community Development Director or his designee and provided to the applicant and/or owners. The applicant shall record the approved recordable instrument and the associated findings and order in the Office of the Salt Lake County Recorder.

2. When the consolidation involves lots, either in whole or in part, that are part of a previously recorded subdivision, City approval of the consolidation shall be in the form of a notarized notice of subdivision lot consolidation executed by the Community Development Director or his designee, which the City shall record in the Office of the Salt Lake County Recorder. The notice shall specify, according to subsection F of this section, the time period after which City approval shall expire. The applicant shall record the approved recordable document of conveyance in the Office of the Salt Lake County Recorder to validate the City approval.

F. Expiration Of Approval: City approval for lot consolidations is only valid upon recording of the approved deed or other recordable instrument, and any document of approval issued by the City shall clearly indicate the same. Furthermore, City approval shall expire ninety (90) calendar days from the date the City document was notarized unless both the City approval document and the approved recordable instrument for transferring property are recorded within that time. (Ord. 2018-05, 5-17-2018)

CHAPTER 13.03 SUBMISSION REQUIREMENTS

13.03.010: PURPOSE:

The purpose of this chapter is to establish requirements for submission of all land use and development applications to assure that applications will be processed on a uniform basis. (Ord. 2012-15, 9-20-2012)

13.03.030: SPECIFIC SUBMISSION REQUIREMENTS FOR ADMINISTRATIVE REVIEW

In addition to the requirements of section 13.03.020 of this chapter, the submission requirements of a proposed land use, development or other matter which is subject to review as per section 13.08 of this title shall be as follows:

A. Subdivisions: Submission requirements for subdivisions shall be as required by chapter 13.10.050 of this title.

B. Site Development/Redevelopment Plans:

1.. Preliminary (Technical) Review: The following items shall be submitted to the Community and Economic Development Department for review by the TRC prior to approval by the designated Land Use Authority as per section 13.101 Appendix B of this title. Items may be waived by the Community Development Director as not applicable:

1. Electronic submittal of a complete application made available with the community and economic development department, a proposed site plan composed of a scaled drawing of and information pertaining tothe proposed development site. A site plan shall include the following:

a. North arrow and scale band at no less than 1 to 40 feet.

b. In a Title Block located in the right margin;

(1) Address and Name of development.

(2) Name, phone number and business address of applicant/developer and project designer.

(3). Name, phone number and business address of property owner.

(4) Date of preparation

c. Utility service connection letters from each utility company serving the project stating the company has reviewed the plan, its comments concerning the extent of service availability, and acceptance of the proposed location of all utility easements. A copy of the approved plan, initialed and stamped by the utility company shall be submitted with the letter.

d.

e. A vicinity map containing sufficient information to accurately locate the property shown on the plan.

f. Lot coverage tabulation table in the following format:

	Square Feet	% Of Total
Total parcel area	-	-
Total building area	-	-
Total impervious area	-	-
Total landscaped area	-	-
Total existing tree canopy coverage	-	-

g. For residential uses, show the number of dwelling units and the overall units per acre.

h. For nonresidential uses, show the proposed distribution of uses in square feet within each separate structure.

i. Proposed building elevations and the projected overall height from existing grade.

j. Names and locations of fronting streets, public or private.

k. Footprints of proposed and existing buildings.

l. Building setback lines as required by the current zone standards.

m. Existing and proposed drive accesses.

n. Parking locations and number of spaces.

o. Existing grade contours.

p. Current zoning.

q. FEMA Flood Area Designation as per 13.74

r. Natural Hazard Area, Geologic Fault line/Study Areas as per section 13.75

B. Final (Civil) Review: For review of a final site development application, the applicant shall submit to the Community and Economic Development Director the following:

1. A completed application on a form made available with the Community and Economic Development Department and copy of the approved preliminary site plan.

2. Where required, a narrative describing how all modifications or additions as required by the Planning Commission have been address.

3. Electronic submittal of a site plan drawn to scale (no less than 1 inch equals 40 feet) by a certified engineer, architect, landscape architect or land surveyorcontaining the following information:

a. In a title block located in the lower right hand corner the following shall appear:

(1) The proposed name of the project, which name shall be approved by the Community Development Department;

(2) The location of the project, including: address, and parcel number.

(3) The names and contact info of the owner, , and of the designer of the site plan;

(4) The date of preparation, scale (no less than 1 inch to equal 40 feet) and the north arrow.

(5) Current Land Use Zone

b. The Final site plan shall show the following existing conditions:

(1) The boundary lines of the proposed project indicated by a solid heavy line and the total approximate acreage encompassed thereby;

(2) All abutting property under the control of the applicant, even though only a portion is included in the development;

(3) The location, width and names of all existing public or private streets, and driveway entrances within two hundred feet (200') of the project boundaries and of all prior platted streets or other public ways, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, permanent easements and section and corporation lines, within and abutting the project;

(4) The location of all wells, proposed, active and abandoned, and of all reservoirs within the project and to a distance of at least two hundred feet (200') beyond the project boundaries;

(5) Existing sewers, water mains, culverts or other underground facilities within the project and to a distance of at least two hundred feet (200') beyond the project boundaries, indicating pipe sizes, grades, manholes and exact location;

(6) Existing ditches, canals, natural drainage channels, and open waterways and proposed realignments;

(7) Existing grade Contours at vertical intervals of not more than two feet (2'). The 100-year flood level of all watercourses, if any, shall be indicated in the same datum for contour elevations;

(8) All installed fire hydrants on or within five hundred feet (500') of the proposed subdivision;

(9) Current zoning designation, on and off site; and

(10) Location of all trees.

c. The final site plan shall show all proposed:

(1)

(2) Areas intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the project;

(3) Building setback lines, including dimensions;

(4) Easements for water, sewers, drainage, utility lines and any other easements required by the Planning Commission's conceptual approval;

(5) Lot Coverage tabulations showing:

	Square Feet	% Of Total
Off street parking
Buildings and/or buildable area
Total floor space by use
Landscaped areas
Impervious surfaces
Total area of existing tree canopy coverage to be mitigated

(6) Dimensioned parking layout showing location and number of individual parking stalls, driveways and other areas of ingress and egress;

(7) Location of consolidated open space;

(8) Location and type of solid waste disposal facilities.

4. A detailed landscaping plan. Such landscaping plans shall be prepared by a qualified professional, and shall include:

a. Distribution of new plant material and trees described by name or type, and plans for slope control and/or other physical environmental changes;

b. Special effects and decorative materials;

c. Irrigation systems (sprinkler, bubbler, etc.);

d. Recreation equipment;

e. An analysis of the impact of the development upon existing vegetation, especially as it relates to the removal of any significant trees;

f. Location and description (height, materials) of existing and proposed fences with any revised letters of agreement with abutting property owners; and

g. Location and description (dimensions, distance to property lines and type of lighting [direct or indirect]) of existing and proposed freestanding signs.

5. A tree removal permit application as required by chapter 13.77 of this title.

6. Drawings of proposed structure elevations, including covered parking, showing the height, dimensions, appearance, materials proposed, and percentage of each material used on each building elevation, along with the location and description of any proposed wall signs.

7. A detailed lighting plan prepared by a professional and emphasizing energy conservation and compatibility with abutting and adjacent uses and using the minimum light necessary to achieve visibility and security.

. 8. A copy of proposed CC&Rs, if applicable.

9. Statement of the estimated starting and completion dates for each phase of development, including proposed grading work and any landscape work.

10. Electronic submittal of the proposed civil construction drawings, sheet not to exceed twenty four inches by thirty six inches (24" x 36"), with sufficient detail for construction of all improvements, stamped by the project engineer including:

a. Horizontal control.

b. Demolition.

c. Grading and drainage.

d. Erosion control.

e. Utilities, on site and off site.

f. Roadway design, public improvements; curb, gutter, sidewalks, driveway approaches(s), Street Trees as determined by the Technical Review Committee

g. Civil details, general notes, etc.

h. Appropriate supporting documents showing compliance with State and Federal standards such as: air emissions, site pollution prevention measures and water discharge standards.

11. To mitigate possible adverse impacts from the proposed development, the Technical Review Committee shall determine from a review of the preliminary site plan whether the following additional information shall be submitted:

a. Soil erosion, geological hazard and sedimentation studies and/or control plans and specifications. Such studies, control plans, and specifications shall be prepared by a qualified professional with the costs of preparation of such plans and specifications being borne by the applicant.

b. A traffic study prepared by a qualified traffic engineer or other qualified person as determined by the City Engineer.

CHAPTER 13.04: DEFINITIONS

13.04.010: PURPOSE:

The purpose of this chapter is to provide rules of interpretation, definitions and illustrations so that the provisions of this title may be readily understood and consistently administered.

APPLICANT: means a person who submits an application for development, license or permit to the City of Holladay

COMPLETED APPLICATION; means an application shall not be considered complete unless and until (1) all of the required information and submittal materials in the amounts and dimensions required by this code have been submitted to and received by the City department or official specified in this code; and (2) the Community and Economic Development Director or a duly-appointed representative, has certified the application as “complete.” The decision with respect to completeness and applicability of submittal requirements shall be final. This requirement pertains to all applications for preliminary and/or final plats of a subdivision, a planned unit development, zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, or any other similar land use designation that is used by a local government.

CHAPTER 13.05 LAND USE AND APPEAL AUTHORITIES

13.05.010: PURPOSE:

The purpose of this chapter is to establish the land use authority responsible for decisions applying to the administration and provisions of this title.

13.05.040: PLANNING COMMISSION:

A. Purpose: A planning commission is hereby created pursuant to the terms hereof. It is the intent of the city council that the commission represent the concerns of diverse citizen groups, as well as the broad interests of the community as a whole; that membership of the planning commission represents a fair cross section of the community and provide balanced representation in terms of geographic, professional, neighborhood and community interest; and that a wide range of expertise relating to development of a healthy and well planned community be sought when establishing or altering the composition of the membership of the planning commission. It is also the intent of this title that the activities of the planning commission and of its subcommittees, if any, be conducted to maximize the convenience and accessibility to the citizens of the city.

B. Appointment: The planning commission shall be constituted and appointed as follows: shall consist of seven (7) members and one alternate member, who shall be appointed by the city manager with the advice and consent of the city council.

C. Term And Term Limitation: Members of the planning commission, including the alternate member, shall serve a term of three (3) years and shall not serve more than two (2) consecutive terms.

1. Each term shall begin on July 1 of the year of appointment and shall end on June 30 of the year when the appointment term expires.

2. The terms of planning commission members shall be staggered. A planning commission member may be appointed for a term of less than three (3) years to provide for staggered terms or to complete a vacated, unexpired term.

D. Geographic Representation: In order to promote geographic representation on the planning commission, one member of the planning commission shall be appointed from each of the five (5) city council districts in the city as established in section 2.08.050 of this code, and two (2) members, plus the alternate member, shall be appointed at large. No more than two (2) members of the planning commission shall reside in one city council district.

E. Residency Requirement: All members of the planning commission must be bona fide residents and qualified electors of the city.

F. Compensation: Each member of the planning commission shall receive twenty five dollars ($25.00) per meeting as compensation and as reimbursement for expenses incurred in the performance of their official duties; provided, however, that such compensation and reimbursement not exceed one hundred dollars ($100.00) per month. The alternate member of the planning commission shall receive twenty five dollars ($25.00) per meeting as compensation as set forth above for each meeting at which the attendance of the alternate member is requested by the chair of the planning commission.

G. Removal And Vacancies: Members of the planning commission may be removed for cause by the city manager, upon written charges and after a public hearing (if a public hearing is requested by the member being removed). Cause shall include, but not be limited to, violations of the Utah municipal officers' and employees' ethics act, Utah Code Annotated section 10-3-1301 et seq., or its successor. Any vacancy occurring on the planning commission by reason of death, resignation or removal shall be promptly filled by the city manager with advice and consent of the city council for the unexpired term of such member. Any vacancy occurring on the planning commission by reason of expiration of term shall be promptly filled by the city manager with the advice and consent of the city council.

H. Officers: The planning commission shall annually elect a chairperson and such other officers it deems advisable from among its members. The chairperson and such other officers elected by the planning commission shall serve for a term of one year and shall not hold the position of chair for more than two (2) consecutive one year terms.

I. Quorum: No action of the planning commission shall be official or of any effect except when a quorum of the members is present. Four (4) members of the planning commission shall constitute a quorum.

J. Procedure: The planning commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the planning commission.

K. Powers And Duties: The planning commission shall have the following duties as per 13.101 Appendix B of this title :

1. Prepare and recommend a general plan and amendments to the general plan to the city council;

2. Recommend land use ordinances and zoning maps, official maps, and amendments to land use ordinances and maps to the city council;

3. Act as a land use authority as provided in this title;

4. Act as an appeal authority as provided in this title;

5. Advise the city council on matters as the city council directs;

6. Exercise any other powers necessary to enable it to perform functions delegated to it by the city council, or conferred upon it by state statutes.

L. Meetings:

1. The planning commission shall meet at least once each month. Any member who cannot attend any meeting of the planning commission shall so notify the chair of the planning commission, who shall direct the alternate member of the planning commission to fill the vacancy at such meeting.

2. The alternate member may participate in a meeting at which all seven (7) regular members of the planning commission are present but may not vote.

3. All meetings, including any necessary public hearings, shall be held after the regular working hours of the city.

4. All meetings and public hearings of the planning commission shall be public meetings, and shall comply with the provisions of Utah Code Annotated section 52-4-1 et seq., as amended.

5. Such meetings shall be held in a public place designated by the planning commission and shall be of sufficient size to ensure public access.

6. The planning commission shall keep minutes and a recording of the commission's proceedings as provided in Utah Code Annotated section 52-4-203, as amended.

7. The official record of all commission meetings shall be the written and approved minutes.

8. Copies of the minutes and any recordings may be provided, if requested, at the expense of the requesting party. If minutes are available but not yet approved by the commission, they shall be clearly identified as "unofficial".

13.05.060: TECHNICAL REVIEW COMMITTEE:

A. Purpose: The technical review committee (TRC) is hereby established to assure that all proposed development within the city complies with the city general plan and with current city ordinances and resolutions. No proposed development shall be considered by the planning commission or city council until the TRC has reviewed the proposed development and makes findings with regard to compliance with the general plan, provisions of this code, and other pertinent municipal regulations.

B. Membership: The TRC shall consist of members of city staff as determined by the community and economic development director, including the city engineer, the building official, staff planners, the city fire prevention officer and the city attorney, as needed.

C. Duties: The TRC shall act under the direction of the community and economic development director and shall have the following duties and responsibilities as per 13.101 Appendix B of this title

1. The TRC shall act as the Land Use Authority to review and approve final subdivision plats.

2. The TRC shall review the following items to determine if they comply with current city ordinances and resolutions:

a. Preliminary and final subdivision plats.

b. Conditional and permitted use site plans.

c. Planned unit developments.

d. Any other proposed development of real property requiring planning commission review.

3. The TRC shall make recommendations regarding the following items:

a. Rezones.

b. General plan amendments.

c. Amended subdivision plats and street vacations.

d. Text amendments.

e. Any development matter governed by a law that gives discretionary authority to determine compliance.

D. Procedures: The TRC may establish procedures for the preparation of agendas, the scheduling of meetings, and the conduct of meetings and field trips. (Ord. 2012-15, 9-20-2012)

13.05.100: APPENDIX B:

The land use and appeal authorities as allowed by this title are also shown in chapter 13.101 of this title, appendix B.

APPENDIX B

13.101.010: Types Of Decisions And Applicable Authorities

Decision To Be Made	Recommending Body	Land Use Authority	Appeal Authority
Legislative decisions:
Adoption or amendment of the General Plan	Planning Commission	City Council	Third District Court; 30 days from decision
Adoption or amendment to the land use ordinance (includes subdivision language)	Planning Commission	City Council	Third District Court; 30 days from decision
Temporary land use regulation	None	City Council	Third District Court; 30 days from decision
Designation of a historic site	Historical Preservation Commission/Planning Commission	City Council	Third District Court; 30 days from decision
Annexation applications	Planning Commission	City Council	Third District Court; 30 days from decision
Administrative decisions:
Conditional use permit, Conditional Use Site Plan	TRC/Community Development Director	Planning Commission; may be delegated to Community Development Director	City Council; 10 days from decision
Site plan, final	TRC/Community Development Director	Community Development Director	City Council; 10 days from decision
Change of use	TRC/Community Development Director	Community Development Director	Administrative Appeals Officer
Conditional use amendment	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Temporary use permit	None	Community Development Director	Planning Commission; 10 days from decision
Home occupations, phone and mail only	Business license official	Community Development Director	Planning Commission; 10 days from decision
Home occupations, with customers	Business license official	Planning Commission	City Council; 10 days from decision
Establishment of limit of disturbance in the FR zones	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Number of off-street parking stalls in the FR zones	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Site plan in the FR zone	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Site Development Master Plan (SDMP) and R/M-U Zone amendments	Planning Commission	City Council	Third District Court; 30 days from decision
Site plan approval, HV, HCR Zone	TRC/CDD, Design Review Board	Planning Commission	City Council; 10 days from decision
Site development plan for permitted use in the FCOZ	None	Community Development Director	Administrative Appeals Officer
Site development plan for conditional use in the FCOZ	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Site plan approval in the Commercial Zones, C-1 and C-2 and R/M-U	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Subdivision in the FCOZ	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Waiver of slope protection standards in the FCOZ	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Flood damage prevention regulations	None	Community Development Director	Administrative Appeals Officer
Determination of boundaries of mapped hazards	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Exceptions from development near waterways	City Engineer	Planning Commission	City Council; 10 days from decision
Tree protection standards	None	Community Development Director	Administrative Appeals Officer
Fencing permit	None	Community Development Director	Administrative Appeals Officer
Planned unit development	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Shared parking	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Sign permit	None	Community Development Director	Administrative Appeals Officer
Modification to a historic site	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Special exception	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Additional uses for historic buildings	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Subdivision: Preliminary plan and plat,	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Subdivision final plan and plat, no new public street	TRC/Community Development Director	TRC/Community Development Director	Dispute related to the Final plat of review process regarding public improvements or engineering standards: “Appeal Panel”; 10 days from applicant request. All other disputes/appeals, Planning Commission; 10 days from decision UCA §10-9a-604.2(8a)
Subdivision final plat, dedication of new public street	Planning Commission	City Council, to accept public street dedication	Third District Court; 30 days from decision
Lot line adjustment	None	TRC/Community Development Director	Planning Commission; 10 days from decision
Vacation/amendment of a public street	Planning Commission	City Council	Third District Court; 30 days from decision
Subdivision plat amendment	TRC/Community Development Director	TRC/Community Development Director	City Council; 10 days from decision
Consolidation of parcels	TRC	Community Development Director	Planning Commission; 10 days from decision
Building permit, zoning compliance	TRC	Community Development Director	Administrative Appeals Officer
Street identification change	TRC/Community Development Director	City Council	Third District Court; 30 days from decision
Quasi-judicial:
Administrative interpretations	None	Community Development Director	Planning Commission; 10 days from decision
Nonconformity determinations	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Variances	TRC/Community Development Director	Appeal Authority	Third District Court; 30 days from decision
Zone boundary or map interpretation	TRC	Community Development Director	Planning Commission
Revocation of a conditional use permit	TRC/Community Development Director	Planning Commission	City Council; 10 days from decision
Enforcement of provisions of this title	None	Community Development Director	Administrative Hearing Officer

CHAPTER 13.08: THREESTEP ADMINISTRATIVE REVIEW

13.08.010: THREE STEP REVIEW:

A. Relevant Applications: The following land use applications as required by this chapter shall be submitted and reviewed in three (3) steps:

1. Subdivisions;

2. Amendments to recorded subdivisions;

3. Site plans for all non-residential developments and for all multi-family developments where there are more than two (2) dwelling units within one structure; and

4. Planned unit developments.

B. Approval Process: The requirements associated with each step shall be reviewed by the Community Development Director and the Technical Review Committee before an application and recommendations are forwarded to, and considered by, the appropriate Land Use Authority. The necessity of submitting revised and additional information, documents, and/or drawings shall be determined by the Land Use Authority or by the Community Development Director with advice from the Technical Review Committee. The steps in the approval process are as follows:

1. Step 1: Determination of Complete Application and Pre-application Meeting. Pre-Application Meeting with the TRC is optional, and available upon request of applicant. ;

2. Step 2: Preliminary (Planning Commission review and determination; public hearing required), and

3. Step 3: Final (Technical Review Committee review and determination)

C. Application ReviewProcess:

1. The Community Development Director shall review the application for completeness and compliance with applicable regulations. The Community and Economic Development Director or designee shall notify the applicant of the staff determination of approval or denial (for noncompliance) of the application review with applicable findings and comments.

2. When the Community Development Director determines, after review of the application, that one or more of the application requirements and procedural steps are not applicable to the project under consideration, such requirements may be waived in writing.

3. The applicant shall address identified items and resubmit the information to the Community Development Director.

4. When the Community Development Director determines the application is complete, the application shall be forwarded to the Technical Review Committee and to such other governmental departments and agencies for review for review and recommendation.

5. The Community and Economic Development Director or designee shall notify the applicant of the recommendation of the Technical Review Committee; approval or denial (for noncompliance) of the application and, where applicable, the need for other information that may assist the Technical Review Committee to make its recommendation to the Planning Commission.

6. Upon recommendation from the technical review committee that an application meets applicable standards of this title, the community and economic development director shall forward the application to the planning commission. (Ord. 2016-04, 4-14-2016)

E. Preliminary Review Process

1.

2. When the community development director and the technical review committee determine the application is substantially complete, the application shall be forwarded to the planning commission with the technical review committee’s recommendation.

3. The planning commission shall review the application at a regularly scheduled public hearing. Notice of the meeting shall made available as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

4. After review of the application at a public meeting the planning commission shall:

a. Approve the application with or without conditions or requirements;

b. Continue the application for further investigation, or postpone action to allow the applicant an opportunity to provide materials or additional information needed by the planning commission to take appropriate action; or

c. Deny the application and include findings material to the denial .

6. The community development director shall notify the applicant in writing of the planning commission action.

7. The planning commission may grant a one-year extension of preliminary approval of an application for good cause if the request for an extension is received prior to that date which is one year from date of the initial approval. In approving an extension, the planning commission may review and modify or amend the original approval conditions and requirements, subject to the same notice and process requirements used for the original approval.

E. Final ReviewProcess:

1. Within one year after receiving approval of the preliminary application or an extension of an approval of a preliminary application by the planning commission, the applicant shall submit an application for final approval by the appropriate land use authority.

2. The Community Development Director shall review the application for completeness and compliance with applicable regulations. The Community and Economic Development Director or designee shall notify the applicant of the staff determination of approval or denial (for noncompliance) of the application review with applicable findings and comments

2. The community development director will distribute copies of the application to the technical review committee for review and recommendation 3.

4. If the application and all supplementary data comply with the applicable requirements, standards and regulations , the TRC shall approve the application.

5. Within ten (10) working days of the commission decision, the community development director shall notify the applicant in writing of the TRC’s action.

6. The basis for rejection of a final application shall be any of the following:

a. Its nonconformance to adopted rules, regulations and ordinances currently in force and affecting the land and its development;

b. Its lack of conformance with the approved preliminary plan application; or

c. Technical inaccuracies or insufficiencies, and poor workmanship in preparation of the plans and documents.

7. The City Engineer may execute a development agreement and shall establish the kind and amount of financial security as required by this title necessary to guarantee completion of the required public improvements.

8. Final approval of an application by the TRC as the land use authority, shall not relieve the applicant from obtaining other authorizations, permits, or licenses required under this title or other title of this code.

13.08.020: PLANNED UNIT DEVELOPMENT:

For development and review procedures see chapter 13.78 of this title.

13.08.030: SUBDIVISION:

For development and review procedures see chapter 13.10 of this title.