A. New Construction Procedure Checklist:
1. Zoning/Building Review: Following conceptual review, applicant shall return a complete application to the city planning department. The zoning administrator and the building official shall review the proposed application and preliminary plat to determine compliance with city zoning ordinances; the Utah condominium ownership act, where applicable; and applicable building related codes.
2. Site Review: The zoning administrator shall review the proposed site plans and shall have the authority to require additional improvements to be made to the existing site in a written report, describing the recommended improvements to the building, the site and the surrounding public way. The report will summarize the review, detailing any noted deficiencies. This review shall include an analysis of the parking, including internal circulation issues, such as surfacing and control curbs. The analysis shall also include the number of parking stalls, noting any deviation from current standards. Based upon this information, the zoning administrator may require construction of additional parking stalls on the site, or may require reasonable alternative parking solutions. The total number of parking stalls available to the owners of the project shall be disclosed on the condominium or CPUD plat.
3. Application Acceptance: Once city staff has determined that the application is complete and that the material is adequate and correctly details the condominium or CPUD request, the developer shall provide twelve (12) more copies of the preliminary plat for distribution to utilities and concerned entities. The application shall then be transmitted to pertinent departments for review and comment and staff shall schedule a construction review meeting of the preliminary plat with all utilities and concerned entities. The meeting shall be held no later than two (2) weeks after preliminary plat application has been approved and maps have been distributed. If the application is found to be incomplete, the staff will inform the applicant of the necessary additional information.
4. Construction/Utility Review: Construction review of preliminary plat meeting with utility companies and interested entities shall be held to notify and to ensure that the development can be serviced by utilities and concerned entities.
5. Planning Commission/Public Hearing: Following the construction review, a public hearing will be held during a regularly scheduled planning commission meeting. No condominium project or CPUD shall be approved without a public hearing. Notice shall be mailed to all adjacent property owners and affected entities by city staff, as specified in section 10-16-3 of this chapter, at least three (3) days in advance. The notice shall provide the date, time and place of the public hearing. The planning commission may recommend preliminary approval, with or without conditions, or may deny the proposal at the public hearing.
6. City Council Review: City council review for approval of the preliminary plat shall be held at the next regularly scheduled meeting so long as all conditions as stipulated by planning commission are met. Council may approve, approve with conditions or deny the proposal.
7. Construction Plans Sign Off: Following approval of the preliminary plat, construction drawings shall be distributed to the utility companies and concerned entities for signature. Signature lines shall include the gas company, the power company, the phone company, the water authority, the sewer authority, the city engineer, the building official, the fire department, and the zoning administrator. Once all signatures have been received construction may begin.
8. Building Permits: No building permit for a proposed condominium project or CPUD shall be issued without preliminary approval from the city council. The building official, or designee, shall receive the approved construction plans and issue applicable permits for construction. The issuance of building permits shall serve as evidence of approval.
9. Construction Approval: All infrastructure construction shall be completed and approved by the LaVerkin City engineer (as required in title 11 of this code) and all certificates of completion shall be issued from the building inspector prior to final acceptance of the condominium project or CPUD, at which time the developer may proceed for final plat approval.
10. Final Plat Application: When construction is complete and has been accepted by the engineer, and the building official has granted final certificate of completion, the applicant shall apply for final plat approval before planning commission upon application provided by the city. Application shall include all fees and recording documents. If at any time there is an "alteration" in the building as defined in this chapter, a building permit is required and a certificate of occupancy obtained from the building official.
11. Engineer Approval: Upon receipt of the final mylar plat, the city engineer shall examine the plat to determine whether it conforms to the preliminary plat and all conditions of approval. If the plat is found to conform, the engineer shall sign it.
12. Building Official Approval: If a certificate of completion has been issued, the building official shall sign the plat.
13. City Attorney Approval: The city attorney shall examine the plat and advise the planning commission as to the form of the final plat and other recordable documents. The city attorney shall certify that any lands dedicated to the public are dedicated in fee simple and that the applicant is the owner of record.
14. Planning Commission Approval: Planning commission shall review the final plat at a regularly scheduled meeting. If the condominium project has been approved by the engineer and has received a certificate of completion from the building official, the commission chair shall sign the plat.
15. City Council Approval: The city council shall examine the plat and the recordable documents to determine conformity with the requirements of city ordinances. If the plat and the other recordable documents conform to city ordinances, the mayor shall sign the plat. The city attorney shall then approve and sign the plat at which time it may be recorded with the Washington County recorder.
16. Recording: No final plat shall have any force or effect until it has received final approval by the city attorney and has been recorded with the Washington County recorder.
17. Condominium Sales/Rentals: No condominium units or CPUD lots may be sold or rented until the plat has been recorded with the Washington County recorder.
18. Dedication Of Public Streets: Notwithstanding any prohibition of or relating to private streets in this code, including title 11 of this code, CPUDs shall not be required to dedicate public streets in areas that are intended for access to the CPUD project and associated parking areas, that will be maintained by the owners of the CPUD (or CPUD owners' association) as common or limited common area(s); and such common or limited common area(s) shall be allowed and available for access and parking for the CPUD project.
B. Complete Application Required: The owner or developer of a new condominium project or CPUD desiring approval shall file both a preliminary plat application and a final plat application with the LaVerkin City planning department on forms prescribed by the city. Complete application shall include all required application fees, plats, articles of incorporation and bylaws of the owners' associations, declarations, and statements as outlined hereafter:
1. Fees shall be determined by resolution and shall include an application fee plus a per unit fee.
2. Two (2) copies of the proposed preliminary plat, for review by the city planning and building department. The plat shall be accurately drawn to scale, as required by section 57-8-13, Utah Code Annotated (1953, as amended), which shall be made by a registered Utah engineer. Such plat shall set forth:
a. The angular and linear data along the exterior boundaries of the property;
b. The linear measurement and location, with reference to the exterior boundaries, of the building or buildings;
c. The diagrammatic floor plans of the buildings, including identifying number or symbol;
d. In the case of condominiums, the elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions of every unit;
e. A distinguishing number or symbol for every physical unit identified on the plat;
f. The limited common and common areas and their intended use/uses;
g. Other preliminary plat requirements as set forth in title 11 of this code, as applicable; to include the location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city owned utilities, such information shall be provided to the applicant by the department of public works;
h. The location, dimensions and character of construction of proposed streets, alleys, loading areas including numbers of parking and loading spaces, outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters and all curb cuts. Where necessary to meet the purposes and intent of this chapter, such information shall be provided for the site. Additional area may also be required to indicate connections or proposed connections to major utilities;
i. The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type if applicable, major elevations and the total square footage of the floor area by proposed use;
j. The location, height, type and material of all fences and walls;
k. The location of dumpsters or other outdoor trash receptacles;
l. The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;
m. A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations;
n. A tabulation of the total number of dwelling units or CPUD lots in the project, and the overall project density in dwelling units or CPUD lots per gross acre;
o. The proposed and required off street parking and loading areas, including parking and access for the handicapped, as specified in the most current version of the international building code; and
p. Landscape plans subject to the standards contained in chapter 6, article J of this title.
3. Two (2) copies of the proposed condominium or CPUD bylaws and declarations, and covenants, conditions and restrictions, as outlined in section 10-16-9 of this chapter. (Ord. 2011-05, 4-20-2011)