An application for a preliminary subdivision shall include all information listed in this section. The preliminary subdivision application is required for all new subdivisions, subdivision amendments, and condominiums, including new condominiums, conversions of existing buildings to condominiums, and modifications to an existing condominium.
A. Required forms as provided by the planning director;
B. All applicable fees;
C. The name and address of the subdivider, if different than the recorded owner, there shall be a statement from the recorded owner authorizing the subdivider to act on the owner's behalf;
D. The name, address, phone number, email, of the person and organization preparing the subdivision documents;
E. A preliminary plat map that includes:
1. A name that is not a duplicate of any other subdivision in the city or county. Plat maps that are amending an existing subdivision shall include in the name of the original subdivision with the term "amendment" and a number indicating the next number of amendment that is proposed. Example: "Subdivision X, Amendment 1" or "Subdivision X, Amending Lot Y";
2. The names and addresses of the record of owner or owners. Each name shall match with the names that appear on the title report for the property;
3. The date the preliminary plat map was prepared;
4. A written and graphic scale that is adequate to be able to determine compliance with all applicable subdivision and zoning standards;
5. A description that defines the location and boundaries of the proposed subdivision;
6. The location, names, and existing widths and grades of adjacent streets;
7. The location, name, widths, and grades of all proposed streets. All street names must be approved by Salt Lake County prior to preliminary plat application being submitted. If a street is a numbered road, such as 100 South Street, it must be approved by the city engineer. To receive a name, a private street must be labeled as such on the plat. A street name will not be provided for cross access easements;
8. The names of adjacent subdivisions and the names of owners of adjacent land that is not within a recorded subdivision;
9. Elevation contours at one-foot intervals, for predominant ground slopes within the subdivision between level and five percent (5%), and five-foot contours for predominant ground slopes within the subdivisions over five percent (5%). Such contours shall be based on the Salt Lake City datum. The elevation shall reference an existing benchmark or street monument set by the surveyor provided the elevation is provided and it is consistent with the vertical datum designation shown;
10. A statement about the present zoning and proposed use of the property;
11. Any proposed public areas;
12. Any proposed lands to be retained in private ownership for common use by the owners of property within the subdivision. When a subdivision contains such lands, the subdivider shall submit, with the preliminary plat, the name, and articles of incorporation of the owner or organization empowered to own, maintain, and pay taxes on such lands;
13. The approximate radius of each curve;
14. The approximate layout and dimensions of each lot;
15. The area of each lot in square feet;
16. A statement of the water source;
17. A statement of provisions for sewerage and sewage disposal;
18. All required or needed major storm drain facilities. This may be provided in public improvement plans submitted with a final plat;
19. Any existing or proposed dedications, easements, and deed restrictions;
20. If the development contains lots that are units, the boundaries of such units shall be shown on the preliminary plat;
21. A slope classification map that indicates slopes more than thirty percent (30%) (three feet of rise for every ten horizontal feet) demarcated with a cross hatch and labeled as undevelopable when located in a foothill zoning district;
22. Any required setback or no build area from any water body when required by the adopted general plan or Title 21A Zoning;
23. The area of all blocks within the subdivision;
24. Demonstrate that the subdivision complies with all applicable subdivision design standards found in Chapter 20.26 Subdivision Standards and any requests for a modification to a subdivision design standard;
25. Identification of any adjacent parcels or lots that abut the subdivision, including providing parcel or lot boundaries, tax identification numbers, and addresses; and
26. Identification of any special flood hazard areas subject to inundation by the one percent (1%) annual chance (100 Year) flood based on the most recent FEMA FIRM panel.
F. Supplementary documents that include:
1. A grading plan, showing by appropriate graphic means the proposed grading of the subdivision including existing and proposed contours and finished floor elevations of all buildings;
2. The approximate location of all isolated trees with a trunk diameter of four inches or greater, within the boundaries of the subdivision, and the outlines of wooded areas;
3. The approximate boundaries of areas subject to inundation or stormwater overflow, and the location, width, and direction of flow of all watercourses. This may be provided in public improvement plans submitted with a final plat;
4. The approximate widths, locations, and uses of all existing or proposed easements for drainage, sewerage, and public utilities;
5. The existing use or uses of the property, and the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines, drawn to scale;
6. The locations, names, widths, approximate grades and a typical cross section of curbs, gutters, sidewalks and other improvements of the proposed street and access easements, including proposed locations of all underground utilities. This may be provided in public improvement plans submitted with a final plat;
7. The location of any of the foregoing improvements which may require to be constructed beyond the boundaries of the subdivision shall be shown on the subdivision plat or on the vicinity map as appropriate. This may be provided in public improvement plans submitted with a final plat;
8. A phase one environmental site assessment report to identify the presence of any harmful, dangerous, or hazardous material or pollutant that may be present on any land within a subdivision that is intended to be dedicated to the public. This is not required if there is no land dedication within the boundaries of the subdivision; and
9. If the subdivision includes slopes over thirty percent (30%) or is in a fault rupture zone, a preliminary geotechnical report prepared by a civil engineer specializing in soil mechanics and registered by the State of Utah, based upon adequate test borings or excavations shall be submitted. If the preliminary soil report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required. The soil investigation shall recommend corrective action intended to prevent structural damage. This may be required to be submitted after the application is considered complete as part of the substantive review of the application or as a condition of preliminary approval;
G. If the preliminary plat map is for a condominium, the following information must be provided:
1. A condominium declaration and plat that complies with applicable Utah Code Chapter 57-8 Condominium Ownership Act or its successor. The declaration shall also include:
a. A statement that the homeowners' association may regulate, limit, or prohibit rentals of condominium units;
b. A statement that the homeowners' association may require the rental of condominium units to be conducted through the homeowners' association or a designated management company, and may require that all lease agreements be reviewed and approved by the homeowners' association or the management company, that any tenants be screened and approved by the homeowners' association or the management company prior to renting the condominium, and that the approval of the homeowners' association or the management company shall not be unreasonably withheld;
c. A statement that prior to renting any condominium unit, the condominium owner and the tenant shall execute a written lease agreement which shall include the following provisions:
(1) The tenant shall agree to comply with all the terms and conditions of the condominium declaration and bylaws;
(2) The tenant shall agree not to allow or commit any nuisance, waste, unlawful or illegal act upon the premises; and
(3) The owner and the tenant shall acknowledge that the homeowners' association is an intended third-party beneficiary of the lease agreement, that the homeowners' association shall have the right to enforce compliance with the condominium declaration and bylaws and to abate any nuisance, waste, unlawful or illegal activity upon the premises; and that the homeowners' association shall be entitled to exercise all the owner's rights and remedies under the lease agreement to do so;
d. A statement requiring that prior to a tenant's occupancy of a condominium unit, the condominium owner must provide to the homeowners' association the name, address and telephone number of the tenant and a copy of the written lease agreement;
e. A statement that the homeowners' association shall have the right and the obligation to enforce compliance with the condominium declaration and bylaws against any owner and/or occupant of any condominium unit and shall have all rights and remedies available under state or local law, in addition to its rights and remedies as a third-party beneficiary under any lease agreement, to enforce such compliance;
f. A statement that the maintenance of the shared utilities and other shared infrastructure is the responsibility of the homeowner's association; and
g. Each condominium unit must be identified by a number in numerical order;
2. If the proposed condominium is converting an existing building, the following additional info is required:
a. A property report must be prepared consistent with the requirements of Section 18.32.050 of this code (adopted building code appendix; nonconforming building conversion), and submitted as part of the application, together with a plan for proposed improvements, renovations, or repairs to existing structures/facility;
b. Proof of notice to occupants shall be required before final approval. The notice shall include the estimated purchase price of the units, and information regarding proposed improvements. The notice shall describe any financing packages or economic incentives being offered to tenants to assist in unit purchase. The notice shall also include a date occupants must vacate or purchase, said date shall be no earlier than ninety (90) days after service of the notice. Relocation information for the tenants, specifying available housing relocation resource agencies, and a plan of any services to be voluntarily provided by the owner/developer, shall be included in the notice; and
c. The preliminary plat map shall include all information required by Utah Code Section 57-8-13 or its successor; and
H. If the application is a subdivision amendment, the following shall be provided in addition to the previous listed items for preliminary plat:
1. A name that is not a duplicate of any other subdivision in the city or county. Plat maps that are amending an existing subdivision shall include in the name of the original subdivision with the term "amendment" and a number indicating the next number of amendment that is proposed. Example: "Subdivision X, Amendment 1" or "Subdivision X, Amending Lot Y";
2. The boundaries of the proposed subdivision amendment and the total number of lots being proposed because of the amendment;
3. Identification of the lots that are subject to the amendment;
4. If the amendment includes land that is outside of the existing boundary of the subdivision, a new description of the boundary, the legal descriptions of the land that is proposed to be added to the subdivision, the number, size, and dimensions of all lots subject to the proposed amendment;
5. The signature of all owners within the subdivision indicating consent to the proposed subdivision. If not all owners have consented, a list of recorded names of the owners who have not consented to the subdivision amendment; and
6. If the amendment includes an alteration to a public street, alley or other right of way or an alteration to any public easement or note on the plat that grants any public interest, consent from the entity that has a right to the street, easement, or note that the subdivider may proceed with the proposed amendment. In addition, the application shall include the following information about any alterations:
a. The legal description of the public street, alley or other right of way or easement or note as it currently exists and how it would be described if the amendment were to be approved;
b. Appropriate infrastructure plans for the modification of any public street, alley, or other right of way. This may be provided in public improvement plans submitted with a final plat; and
c. If required, a draft written agreement to purchase the entirety or portion of any street, alley, or right of way or any public easement that is proposed to be amended by the subdivision. (Ord. 73-23, 2023)