Loading...
A. The subdivider shall prepare concept plans and plats consistent with the standards contained herein and shall pay for the design, construction and inspection of the public improvements required. The city shall process said plans and plats in accordance with the regulations set forth herein. The subdivider may not alter the terrain or remove any vegetation from the proposed subdivision site or engage in any site development until subdivider has obtained the necessary approvals as outlined herein. The subdivider is responsible to obtain and be familiar with all applicable subdivision ordinances, rules and standards of the City.
B. The City shall review the plans and plats for design; for conformity to the general plan and to title 17 of this code; for the environmental quality of the subdivision design; and shall process the subdivision plats and reports as provided for in this title.
C. Plats and/or plans of proposed subdivisions may be referred by the Community and Economic Development Director or designee to any City departments and special districts, governmental boards, bureaus, utility companies, and other agencies which will provide public and private facilities and services to the subdivision for their information and comment.
D. The City Engineer shall review the engineering plans and specifications for the subdivision to determine if the proposed City required improvements are consistent with this title and other applicable ordinances and shall be responsible for inspecting the City requirement improvements. Review of street layout and lot design shall be coordinated between the City Engineer and the Community and Economic Development Department.
E. The City Engineer shall review the engineering plans and specifications for the public improvements.
F. The Planning Commission shall act as the final Land Use Authority to approve (1) preliminary subdivision plats; and (2) the establishment of requirements and design standards for public improvements. It shall make investigations, reports and recommendations on proposed subdivisions as to their conformance to the general plan and title 17 of this code, and other pertinent documents as it deems necessary. After completing its review of the final plat, the Planning Commission shall approve or disapprove the final plat in accordance with section 16.12.070 of the Code.
G. The planning staff shall act as the final Land Use Authority to approve final subdivision plats. After completing its review of the final plat, the planning staff shall approve or disapprove the final plat in accordance with section 16.12.070 and 16.04.045 of this chapter.
H. The City Attorney shall verify that the bond provided by the subdivider is acceptable, that the subdivider dedicating land for use of the public is the owner of record, that the land is free and clear of unacceptable encumbrances according to the title report submitted by the subdivider, and may review other matters which may affect the City’s interests.
I. The Mayor may sign, as a non-discretionary and ministerial act, final subdivision plats for the acceptance of lands and public improvements that may be proposed for dedication to the city.
(Ord. 24-02: Ord. 19-24 § 2: Ord. 94-40 § 1: prior code § 30-04)
In reviewing a completed subdivision land use application, the review cycles set forth in Utah Code sections 10-9a-604.1 and 10-9a-604.2, or successor provisions, shall apply.
A. In reviewing a completed subdivision land use application, the City may require:
1. additional information relating to an applicant’s plans to ensure compliance with City ordinances and approved standards and specifications for construction of public improvements; and
2. modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
B. The City’s request for additional information or modifications to plans under Subsection (A)(1) or (2) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
C. The City will not require more than four complete review cycles.
D. 1. Subject to Subsection (D)(2), unless the change or correction is necessitated by the applicant’s adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in the City’s plan review is waived.
2. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.
3. If an applicant makes a material change to a plan set, the City has the discretion to restart the review process at the first review of the final application, but only with respect to the portion of the plan set that the material change substantively effects.
E. If an applicant does not submit a revised plan within 20 business days after the City requires a modification or correction, the City shall have an additional 20 business days to respond to the plans.
F. After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the City’s previous review cycle, the City may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.
G. 1. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any.
2. The applicant’s written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.
3. If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.
H. If, on the fourth or final review, the City fails to respond within 20 business days, the City shall, upon request of the property owner, and within 10 business days after the day on which the request is received:
1. for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-9a-508(5)(d) to review and approve or deny the final revised set of plans; or
2. for a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the hearing officer.
(Ord. 24-02)
A. It is unlawful for a person to subdivide a tract or parcel of land which is located wholly or in part in the City except in compliance with this title.
1. Plat Approval Required: A plat of any subdivision may not be recorded until it has been submitted and approved as herein.
2. Plat Must Not Conflict With Plans, Ordinances Or Laws: A plat shall not be approved if the City determines such plat to be in conflict with any provision or portion of the general plan, the transportation master plan, title 17 of this code, this chapter, and any other state law or City ordinance.
3. Adequate And Available Public Utilities: The City may deny or delay approval of a development project if there is not adequate capacity or availability of public utilities for a proposed development.
B. Land may not be transferred or sold nor shall a building permit be issued for a structure thereon, until a final plat of a subdivision shall have been recorded in accordance with this title and any applicable provisions of state law, and until the improvements required in connection with the subdivision have been guaranteed as provided herein.
C. All lots, plots or tracts of land located within a subdivision are subject to this title whether the tract is owned by the subdivider or a subsequent purchaser, transferee, devisee, or contract purchaser of the land.
(Ord. 24-02: Ord. 19-24 § 2: Ord. 15-26: Ord. 94-40 § 1: prior code § 30-05)
A. A concept review may be requested by the subdivider for all proposed subdivisions. A concept review provides the subdivider with an opportunity to consult with and receive information from the City regarding the regulations and design requirements applicable to the proposed subdivision. The concept review procedure may be informal and may consist of one or more meetings with affected departments, all as determined by the Community and Economic Development Director.
B. If a concept review is requested, the City shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.
C. At the concept review, City staff shall provide or have available on the City website:
1. copies of applicable land use regulations;
2. a complete list of standards required for the project;
3. preliminary and final application checklists; and
4. feedback on the concept plan.
D. The subdivider shall provide the following items:
1. The proposed name of the subdivision;
2. A vicinity plan showing significant natural and manmade features or existing structures on the site and within five hundred feet (500') of any portion of it; the property boundaries of the proposed subdivision; the names of adjacent property owners; topographic contours at no greater interval than two feet (2'); north arrow; and scale of the drawing;
3. A proposed lot and street layout;
4. Availability of utilities as evidenced by letters from the utility companies;
5. A description of those portions of the property which are included in the most recent flood insurance rate maps prepared by FEMA;
6. The total acreage of the entire tract proposed for subdivision;
7. Proposed changes to existing zoning district boundaries or zoning classifications or conditional use permits, if any.
E. After the concept review has been completed the subdivider may apply for preliminary plat review consistent with the concept review. If preliminary plat review is not requested within twelve (12) months after a concept review is completed, the Community and Economic Development Director may require a new concept review before the preliminary plat review may proceed.
(Ord 24-02: Ord. 19-24 § 2: Ord. 94-40 § 1: prior code § 30-06)
A. Purpose: It is the intent of this section to allow the owner of property, which may be divisible into not more than two (2) legal size lots, to divide the property while minimizing delay and expense.
B. Approval Required: Prior to dividing any parcel or tract of land which may be divisible into not more than two (2) legal size lots, the division must first be approved by the Community and Economic Development Director or designee. The approval shall be based on the compliance of the proposed lot split with all ordinances of the City regarding street and other off site improvements, zoning, lot size and configuration, etc.
1. A plat is required if the proposed subdivision requires a dedication of real property for public street, utility easements, or other similar public purposes, as determined by the Community and Economic Development Department after consultation with affected City departments. If a plat is required by this subsection, the plat must be reviewed and approved by the planning staff and dedications accepted by the Mayor before recording.
C. Application: The subdivider shall submit a complete application which shall include one reproducible copy and two (2) prints of the property survey and legal description certified by a licensed land surveyor, together with any necessary improvement plans and bond agreements. The property survey shall show all existing improvements on the property being divided.
D. Review: The Community and Economic Development Department shall review the proposed subdivision and shall request recommendations from the Public Works Department and other appropriate City departments.
E. Final Approval: If the survey and proposed division are in compliance with all City ordinances and conditions imposed, the lot split subdivision shall be approved by the Community and Economic Development Director or designee, and no further approval from the City is required.
F. Subdivision: After final approval, the property may be subdivided as approved and conveyed by metes and bounds legal descriptions.
G. Fee: The City charges a fee for applications for lot split subdivisions, which must be paid at the time the application is submitted. The fee will be established by the Mayor in a written fee schedule in an amount reasonably necessary to defray costs of processing an application. The written fee schedule will be made available for public inspection in the Department.
H. Appeal: A final decision of the Community and Economic Development Director or designee may be appealed to the Appeal Authority by any aggrieved person or by any officer, department, board or agency of the City affected by the decision or action. Appeals must be filed, in writing, with the City’s Community and Economic Development Department within ten (10) days after the decision is made. The appeal will then be heard according to the rules and bylaws of the Appeal Authority. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Appeal Authority. Appeal of the decision of the Appeal Authority is governed by title 10 chapter 9a of the Utah Code.
(Ord. 24-02: Ord. 19-24 § 2: Ord. 18-06: Ord. 14-10: Ord. 11-22: Ord. 94-40 § 1: Prior Code § 30-27)
Loading...