A. Application Requirements: Prior to subdividing land, the owner of the land, the owner's authorized representative, or a prospective owner of the land, shall file an application for approval of a preliminary subdivision plan with the department. The application shall:
1. Be made on forms available at the offices of the department, together with the required fees, which forms shall include checklists of items to be submitted and require the applicant to provide the name, address, email address and telephone number of:
a. The property owner, or the owner's authorized representative;
b. The subdivider, if different from the property owner;
c. The engineer and/or surveyor of the subdivision;
d. The designated contact person.
2. Include one current copy of the Weber County ownership plats depicting the property proposed for subdivision.
3. Include a recent, preliminary title report covering the subject property, which identifies ownership, easements of record, liens or other encumbrances, and verifies payment of taxes and assessments. The manager may waive the title report requirement for property owned by the city or the Ogden City redevelopment agency if the manager determines that information to be derived from a title report is otherwise available to the city.
4. Include a preliminary subdivision plan meeting the requirements described in Subsection B.
5. Include an initial public improvement plan as defined herein.
6. Include a soils and geotechnical report identifying allowable soil bearing pressure, lateral earth pressure, lateral pressure due to seismic forces, liquefaction, seismic design category/site class, proximity to fault lines, extent of existing fill materials, and ground water level conditions of the buildable areas proposed to be subdivided shall be submitted as part of the preliminary subdivision review. The soils report shall be prepared by a registered soils engineer. In the event the soils report determines unusual conditions requiring additional development restrictions on what otherwise appears to be a buildable lot, then such information shall be noted on the final plat in order to provide notice to subsequent owners. The manager may waive the requirement for a soils and geotechnical report for property already developed and constructed upon.
7. Include all documents in electronic portable document format (PDF) or other electronic format deemed accessible by the manager.
B. Requirements of a Preliminary Subdivision Plan: The preliminary subdivision plan shall be drawn to a scale not smaller than one inch (1") to one hundred feet (100') and shall show:
1. A name of the subdivision that is distinct from any plat already recorded in the County Recorder's office;
2. All land that the applicant proposes to subdivide and all land immediately adjacent extending one hundred feet (100') from the subject property, or of that directly opposite the subject property, extending one hundred feet (100') from the street frontage of opposite land, with the names of owners immediately adjoining the subject property, as shown on the ownership plat maps maintained in the records of the Weber County recorder's office. This information may be shown on a separate current ownership plat map reproduction from the Weber County recorder's office showing the proposed subdivision superimposed on such plat maps;
3. If the property proposed to be subdivided is part of a larger tract or is part of a larger undeveloped area, a sketch of the proposed future street system of the unplanned parts shall be submitted, and the proposed street system of the part submitted shall be considered in the light of adjustments and connections with the future street system of the larger area;
4. Sufficient information to locate accurately the property shown on the plat;
5. Contours of the site at two foot (2') intervals. The plan shall also indicate areas with slopes in the ten percent (10%) to twenty percent (20%) category, twenty percent (20%) to thirty percent (30%) category, and those over thirty percent (30%);
6. The boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the owner proposes that any parcel of ground is intended to be used as a street or for any other public use, and whether any such area is reserved or proposed for dedication for a public purpose;
7. The location, widths and other dimensions of all existing or platted streets and other important features of the subject property which may affect development, including, but not limited to, easements of record including every existing right of way and easement grants of record for underground facilities, as defined in Section 54-8a-2 Utah Code Annotated and for other utility facilities, railroad lines, watercourses, floodplains, exceptional topography and buildings within the tract or within one hundred feet (100') of the tract to be subdivided;
8. The location and size of existing sanitary sewers, storm drains, water supply mains and culverts within the subject property or within one hundred feet (100') thereof;
9. The location, lengths, widths and other dimensions of proposed blocks, streets, alleys, easements, lots, units, and common areas;
10. Proposed special features, such as detention basins, shared access areas, parks;
11. North point, scale and date of preparation;
12. The names of the subdivider, and the engineer or surveyor of the subdivision.
C. Initial Review:
1. After receiving an application for preliminary subdivision plan review, the manager shall determine whether the application is complete or not. If the manager finds the application is not complete, the manager shall inform the applicant in writing of the missing items. The application shall not be reviewed until the application is complete.
2. Once the manager finds the application is complete, the manager shall distribute copies of the plat to the following officials and reviewing agencies for the information and recommendation of such officials, divisions and agencies: the City Engineer, building services division, the water utility, the operations division, the fire department, the police department, and the city attorney; the Ogden City School District and the U.S. Postal Service; each company or agency furnishing culinary water, sanitary sewer or storm sewer, if such services are proposed to be provided by other than the city; each company or agency furnishing electric, gas, telephone, cable services, or secondary water.
3. The manager shall consider all comments received, complete an initial review of the preliminary subdivision plan, and provide comments and corrections to the applicant. In the case of limited residential subdivisions in the area that do not contain geologic hazards, such review shall be completed and provided to the applicant within fifteen (15) business days of the date the application was complete.
4. If after the initial review the manager determines that no major changes are required to be made to the submittal, the manager shall schedule the proposed subdivision for review as described in Subsection D.
5. If the manager determines revisions are required to be made to the proposed preliminary subdivision plan in order to meet minimum requirements and criteria for preliminary subdivision plan approval, and such revisions may result in major changes to the proposed preliminary subdivision plan, the subdivider shall make such changes prior to the preliminary subdivision plan being scheduled for review by the decision maker.
D. Public Meeting:
1. For all preliminary subdivision plans other than small subdivisions, the Planning Commission shall first review the application at a public meeting.
2. Notice of the public meeting giving the date, time, and location of the public meeting and opportunity to comment on the proposal shall be mailed not less than seven (7) days before the public meeting to each owner of property located within three hundred feet (300') of the subject property, addressed to the owner's mailing address appearing on the rolls of the Weber County Assessor.
E. Criteria for Preliminary Subdivision Plan Review: After the Planning Commission has reviewed the preliminary subdivision plan, the initial public improvement plans, the report of the department, including comments and recommendations from other members of the development review team, and any comments or exhibits submitted at the public meeting, the Planning Commission may approve, conditionally approve, or disapprove the preliminary subdivision plan based on the following criteria:
1. The culinary water authority approves that the water supply system is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
2. The sanitary sewer authority approves that the system is adequate to handle the demands and, if other methods of sewage disposal are proposed, that such systems will comply with Federal, state, and local laws and regulations;
3. All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and the plan includes measures to protect public health, safety, and welfare from these hazards consistent with professional best practices and adopted standards;
4. The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking municipal services between developed parcels, or would otherwise detract from the orderly extension of city utilities and the city's ability to serve other properties in the area; and
5. The layout of lots, streets, easements, and other elements of the preliminary subdivision plan meets the standards in the land use ordinances;
6. The initial public improvement plan meets the requirements of the engineering standards and specification;
7. The preliminary subdivision plan provides for streets, utilities, or other improvements identified in the general plan;
8. Development requirements and conditions have a rational nexus and are roughly proportional to the impacts of the project. If necessary, proportionality is achieved through the best available balance of project phasing, modification of or reduction in project scope, inclusion of improvements in capital improvement plans or other programs, reduction of requirements, or project denial until improvements are in place.
F. Phasing: The division of a proposed subdivision into two (2) or more sections for purposes of recording separate final plats must be approved by the Planning Commission as part of preliminary subdivision plan approval. If the subdivider plans to record the subdivision in phases, the subdivider must submit a phasing plan describing each phase, the order of phasing and the projected timing for the recording and development of each phase. The Planning Commission may impose such conditions upon the filing of the sections as it may deem necessary to ensure that each phase may function independently of any future phase.
G. Amendments to Approved Preliminary Subdivision Plans: At any time after preliminary subdivision plan approval and before submission of a final plat, the applicant may request that an amendment be made in the approval or conditional approval of the preliminary subdivision plan.
1. Minor Amendments: The manager may approve proposed amendments that the manager determines are minor. Minor amendments include changes that do not increase the number of lots, do not make substantive changes in traffic impacts or patterns, do not increase impacts on abutting properties, and do not make substantive changes to the public facilities approved as part of the preliminary subdivision plan.
2. Major Amendments: If the proposed amendment is a major change, the proposed amendment shall be reviewed following the same procedure as used for the original preliminary subdivision plan.
3. Criteria: The criteria for review of a preliminary subdivision plan amendment are the same as for the preliminary subdivision plan.
4. Limitation on Number of Amendments: An applicant may not propose more than two amendments, whether minor or major amendments, to any preliminary subdivision plan.
H. Effective Period of Preliminary Subdivision Plan Approval: Approval of the preliminary subdivision plan shall be valid for a maximum period of eighteen (18) months from the date of a complete submittal for preliminary subdivision plan review. Within this time frame the applicant shall also receive approval of the final plat and record it with the County Recorder's office.
1. If the final plat has not been recorded within the eighteen (18) month time frame, a six (6) month extension may be granted by the planning manager provided there are no changes made to the preliminary approval and there have been no changes to zoning or subdivision regulations which may alter the requirements of the preliminary approval.
2. Preliminary subdivision plan approval of a large tract approved to be subdivided in phases shall not be void if the final plat of the first phase was recorded within the eighteen (18) month period. After recording of the first phase of a preliminary subdivision with an approved phasing plan, the preliminary subdivision plan approval shall be valid for a maximum period of seven (7) years from the recording of the first phase.
I. Subdivision Improvement Plan Review: Prior to submittal of a final plat, construction of any public improvements, and to the submission of any financial guarantee:
1. The subdivider shall furnish to the City Engineer all public improvement plans, and any related information and data necessary for review and approval of such plans;
2. The public improvement plans shall be examined and approved by the City Engineer when the City Engineer determines the plans meet engineering standards and specifications and all conditions of preliminary plan approval; and
3. If after the fourth review cycle, as defined and required by Utah law, the decision maker finds that the plans submitted do not meet ordinance requirements, standards, and specifications, and all conditions of preliminary subdivision plan approval, the preliminary subdivision plan shall be denied.
J. Construction of Buildings: No construction of buildings requiring a subdivision shall be begun on the subject property until after recording of the final plat.
(Ord. 2000-35, 6-27-2000; amd. Ord. 2001-32, 6-5-2001; Ord. 2002-62, 10-22-2002; Ord. 2005-9, 4-5-2005; Ord. 2005-49, 7-26-2005; Ord. 2006-44, 7-25-2006; Ord. 2020-42, 9-15-2020; Ord. 2022-20, 5-3-2022; Ord. 2024-1, 1-9-2024)