A. Contents; Approval; Acceptance: Following approval of the preliminary subdivision plan, the applicant, if the applicant wishes to proceed with the subdivision, shall file an application with the department for final plat approval. The application shall be made by the owner or the owner's authorized agent and shall:
1. Be made on forms available at the offices of the department, together with the required fees.
2. Be accompanied by:
a. The proposed final plat;
b. If preliminary approval was submitted by a prospective owner or if otherwise required by the city attorney, an updated, recent title report covering the subject property, which identifies ownership (establishing the applicant as the owner), easements of record, liens or other encumbrances, and verifies payment of taxes and assessments;
c. The proposed declaration of conditions, covenants and restrictions, if required;
d. A copy of the articles of incorporation establishing a homeowners' association, if required;
e. The proposed public improvement plans, submitted for approval of the City Engineer;
f. The cost estimate for public improvements;
g. Any proposed deeds conveying property or easements to the city, if improvements or access, not located within existing easements or rights of way of the city, are required outside of the boundaries of the subject property; and
h. Any other submissions required by preliminary subdivision plan approval.
3. Include the name, address and telephone number of:
a. The owner, or the owner's authorized representative;
b. The engineer and/or surveyor of the subdivision;
c. An agent of the owner/subdivider located within the State of Utah who shall be authorized to receive all notices required by these regulations.
B. Additional Requirements: The final plat shall consist of a sheet of approved Mylar, to the outside or time line dimensions of twenty-four (24) inches by thirty-six (36) inches and the borderline of the plan shall be drawn in heavy lines leaving a space of at least one and one-half (1-1/2) inches on the left margin and one-half inch (1/2") margin on the remaining three (3) sides. The plat shall be so drawn that the top of the drawing faces either north or west, whichever accommodates the drawing best. All lines, dimensions, markings and signatures shall be made on the Mylar with approved waterproof black India drawing ink. The plat shall be made to a scale large enough to clearly show all details, in any case not smaller than one hundred feet (100') to one inch (1"), and workmanship on the finished drawing shall be neat, clean cut and readable. The plat shall be signed by all parties mentioned in this subsection duly authorized and required to sign and shall contain the following information:
1. A subdivision name, approved by the County Recorder, and the general location of the subdivision, in bold letters at the top of the sheet;
2. A north point, scale of the drawing and the date;
3. Accurately drawn perimeter boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision, properly tied to public survey monuments. These lines should be slightly heavier than street and lot lines;
4. The names, widths, lengths, bearings and curve data on centerlines of proposed streets, alleys and easements; also the boundaries, bearings and dimensions of all portions within the subdivision, as intended to be dedicated to the use of the public; the lines, dimensions, bearings and numbers of all lots, units (except as otherwise may be allowed for condominium projects), blocks and parts reserved for any reason within the subdivision; also the acreage or square footage for all parcels, units, or lots. All lots, units, and blocks are to be numbered consecutively under a definite system approved by the City Engineer. All proposed streets shall be named or numbered in accordance with and in conformity with the adopted street naming and numbering system of the city;
5. The standard forms of plat depictions or language approved by the Planning Commission for the following:
a. Description of land to be included in subdivision;
b. Registered professional engineer and/or land surveyor's certificate of survey;
c. Owner's dedication;
d. Notary public's acknowledgment;
e. The manager's certificate of approval that the subdivider has complied with the requirements of all applicable statutes and ordinances and that the preliminary subdivision plan was approved by the Planning Commission;
f. City Engineer's and City Attorney's certificate of approval;
g. The Mayor's certificate of acceptance attested by the city recorder; and
h. Any other plat requirement where standard language is deemed to be desirable by the Planning Commission.
6. The street names and address designations for each lot as approved by the City Engineer;
7. A three inch by three inch (3" x 3") space in the lower right hand corner of the drawing for recording information.
C. Financial Guarantee: Upon the City Engineer's approval of the public improvement plans and the cost estimate for construction of such improvements, the applicant shall submit any financial guarantee required under the provisions of this title for the construction of public improvements.
D. Review Process:
1. After receiving an application for final plat approval, the manager shall distribute copies of the plat to the following officials for review and comment: the City Engineer, the City Attorney, the County Recorder, the water utility, and any other member of the development review team required to review the final plat as a requirement of preliminary subdivision plan approval or as otherwise required by ordinance or statute.
2. In reviewing the final plat:
a. The manager shall determine whether the submitted plat complies with the approved preliminary subdivision plan and the conditions of approval, and the requirements of this title, the zoning ordinance and any other ordinances or statutes affecting the development of land.
b. The City Engineer shall:
(1) Review and approve the public improvement plans and the cost estimates for the construction of such public improvements. The public improvement plans shall be approved if and when the City Engineer determines the plans to be in accordance with the requirements of this title, the engineering standards and specifications, and any applicable conditions of preliminary subdivision plan approval.
(2) Verify, together with the public improvement plans, that the depictions of streets, easements, storm detention facilities, and other public improvements comply with the requirements of this title, the conditions of approval, and the engineering standards and specifications.
(3) Verify boundary descriptions.
(4) Verify street names, addresses, and lot or unit designations.
(5) Verify existing easements of record.
(6) Verify submission and approval of any financial guarantees, deeds, conveyances or other agreements required for final approval and recordation.
c. The city attorney shall review the final plat to determine the plat's conformity to law and the validity or acceptability of any dedications or interests in real property to be granted or conveyed to the city.
3. Upon completion of the above reviews, comments shall be returned to the subdivider for preparation of the final plat for signature and recording.
E. Appeal to the Board of Zoning Adjustment: If the final plat is disapproved as submitted, the applicant may appeal to the Board of Zoning Adjustment. The appeal shall be filed by filing a notice of appeal in the offices of the department, within thirty (30) days after the applicant is notified of the disapproval in writing. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The appeal shall be considered by the Board of Zoning Adjustment at its next regularly scheduled meeting. On appeal, the applicant shall be allowed to make a presentation to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall render a decision affirming or reversing the Development Review Team no later than thirty (30) days after the notice of appeal is filed. If the Board of Zoning Adjustment reverses the decision of disapproval, the applicant may proceed to submit a final plat as is appropriate under the conditions and requirements approved by the Planning Commission as part of the preliminary subdivision plan approval. On appeal, the Board of Zoning Adjustment may not approve major changes to the approved preliminary subdivision plan. Requests for preliminary subdivision plan amendment must follow the procedures outlined in Section 14-2-5.
F. Submission of Executed Plat: After making all required revisions, the subdivider shall submit the Mylar of the final plat, which plat shall be certified by a professional engineer or land surveyor, and properly executed and acknowledged by all owners of the property and any other parties required for recordation.
G. Signing and Recordation of Plat: After approving and signing the final plat, the manager shall submit the plat for approval to the City Engineer. After approval and signature by the City Engineer, the plat shall be submitted to the city attorney who, after final verification of the requirements of Subsection D.2.c., shall forward the plat to the Mayor for approval and certificate of acceptance. The final plat, bearing all official approvals as required in this section, shall be deposited in the office of the city recorder and made available for recording in the office of the County Recorder at the expense of the subdivider. Upon such deposit, the city recorder shall notify the subdivider's agent that the approved final plat is available for recording.
H. Plat Approval and Acceptance: No subdivision or subdivision plat shall be recorded in the office of the County Recorder, no lot included in such subdivision shall be sold or exchanged, and no offer shall be made to sell or exchange any such lot, unless and until the plat is approved and accepted as provided in Subsection G.
I. Specifications Required: The owner or operator of existing underground and utility facilities shall approve the final plat prior to recording, if the plat specifies:
1. The boundary, course, dimensions, and intended use of the right-of-way and easement grants of record;
2. The location of existing underground and utility facilities; and
3. Any condition or restrictions governing the location of the facilities within the right of way, and easement grants of records, and utility facilities within the proposed subdivision.
J. Time Limit for Recording: Any final plat having received final approval by the Mayor shall be recorded within one month after final approval. If a final plat is not recorded within one month after final approval, final approval shall be considered null and void and the subdivider must resubmit the final plat for final approval.
(Ord. 2000-35, 6-27-2000; amd. Ord. 2005-9, 4-5-2005; Ord. 2024-1, 1-9-2024)