A. Application Procedure And Requirements: Following the approvals of the preliminary plat, the applicant may proceed with the subdivision by filing the final plat with the City Council/Planning Commission. The final plat/applicant shall:
1. Pay fees as shown on the most recently adopted fee schedule.
2. Include the entire subdivision, or section thereof, which derives access from an existing state, county or city road.
3. Be accompanied by a minimum of three (3) twenty four inch by thirty six inch (24" x 36") and ten (10) eleven inch by seventeen inch (11" x 17") copies of the subdivision plat and the construction plans, as described in these regulations.
4. Comply in all respects with the preliminary plat, as approved.
5. Be presented to the city manager at least three (3) weeks prior to a regular meeting of the commission.
6. Submit with copies of the final plat, three (3) copies of the final draft of any restrictive covenants and/or covenants, conditions and restrictions (CC&Rs) to be recorded with the final plat.
7. Be accompanied by a dedication to the public of all streets, city uses, utilities, parks, open space and easements, in a form approved by the city attorney, which form shall be as follows and included on the final plat:
Public Dedication
“Know all men by these presents that we, the undersigned owners of the above described tract of land, having caused the same to be subdivided into lots, easements, parks, open space and/or streets or other parcels intended for public use, to be hereafter known as:, do hereby warrant and save Wellsville City, Utah, harmless from any easements and encumbrances thereon and any other fee simple title flaws or claims, and do hereby dedicate, grant and convey the same to Wellsville City, for the perpetual use of the public, whether the parcels are intended to be used for easements, streets, parks or other public use. In witness whereof, we have hereunto set our signatures this day of, 20 .”
8. Ensure that the following statements are placed on the face of the final plat when open space is required:
Open Space Maintenance
“Wellsville City shall have the right but not the duty to require, and if necessary, perform, at the property owner's or organization's expense, landscaping and maintenance within the open space areas if the organization fails, adequately, to perform such. The city may take this action when asked to take over improvements or maintenance tasks by a property owner or organization. The City Council may also take such actions, when it determines the need, based on a historical pattern of lack of care and maintenance. If a homeowner's association (HOA) is inoperable the City may assess individual property owners associated with the HOA. In the event Wellsville City exercises this right, the city shall be entitled to recover any associated costs and attorney fees. This notation shall not be amended or deleted without the approval of Wellsville City. "
9. Critical lands and Open Space delineated boldly on the face of the Plat. Any sensitive or critical land, or open space that is required to be set-aside by any part of Title 10 Land Use Regulation or Title 11 Subdivision Regulations shall be represented on the plat map with bold graphic texture to ensure that lands set-aside can be clearly seen and read after multiple reproductions. The following statement shall be placed on the face of the plat and made clearly readable:
“Use of Open Space, Critical, or Sensitive Land
All Open Space and/or Critical or Sensitive lands shall remain open and undisturbed in perpetuity. Any building, structure, grading, storage, mass grading or tree removal, and/or uses that can degrade lands that have been set-aside from development activities are prohibited. Enforcement action shall be commenced against the property owner or the homeowner's association to protect critical lands, sensitive lands, and/or open space. Farming, mowing, landscaping, and passive recreational uses, excluding any of the above prohibitions, are allowed.”
Any Open Space or Critical Lands shall be labeled, in multiple locations, on the area of the plat delineated for such, with the following bold text:
Open Space. No building, structures, storage, mass grading, mass tree removal, and/or as more fully specified in Chapter 35 of the Land Use Regulations.
Or
Critical Lands. No building, structures, storage, mass grading, mass tree removal, and/or as more fully specified in Chapter 34 of the Land Use Regulations.
10. Be accompanied by the subdivision improvement agreement, if required, in form satisfactory to the city attorney, which shall include a provision that the subdivider shall comply with all the terms of this title, other applicable laws and the terms of final subdivision plat approval as determined by the City Council. Shall include, but not be limited to, the performance of all required subdivision and off site improvements.
11. Provide the following data with the final plat:
a. A title in bold letters which includes the name of the subdivision and its location by number of section, township, range and county;
b. Signature and seal of the registered land surveyor preparing the plat;
c. Scale, north arrow and date of plat preparation. Plat to be drawn to an accurate scale not to exceed one inch equals fifty feet (1" = 50'), unless otherwise approved by the Planning Commission;
d. Boundaries of the tract (to be drawn slightly heavier than street and lot lines) shall show all bearings and distances, determined by an accurate field survey. All dimensions shall be expressed in feet and decimals thereof. All boundary, lot and other geometries on the final plat shall close to an accuracy of not less than one part in five thousand (5,000);
e. Excepted parcels within the plat boundaries shall show all bearings and distances determined by an accurate field survey and data expressed the same as other data on the plat;
f. Description of cardinal points to which all dimensions, angles, bearings and similar data on the plat shall be referenced. Each of the two (2) corners of the subdivision traverse shall be tied by course, or other legal land subdivision corners;
g. Plat shall show all physical encroachments upon the boundaries of the tract;
h. Names, right of way lines, courses, lengths, widths and bearings and curve data on the centerline of all public streets, alleys, crosswalks and utility easements; radii, points of tangency and central angles of all curvilinear streets and alleys; and radii of all rounded street line intersections;
i. All drainageways shall be shown on the plat with the same information and in the same manner as in the preliminary plat;
j. All easements for right of way provided for public services or utilities and any limitations of the easements. Construction within easement shall be limited to utilities and wood, wire or removable section type fencing;
k. Location, lines, dimensions, bearings and number of all residential lots and blocks. All residential lots shall be numbered by consecutive numbers throughout the plat;
l. All lots, blocks, or parts thereof, reserved for any reason within the subdivision, and all other exceptions, tracts and private parks shall be so designated, lettered or named and clearly dimensioned;
m. Location, dimensions, bearings, radii, arcs and central angles of all sites to be dedicated to the public will be clearly indicated and intended use specified;
n. Location of all adjoining properties with date, book and page number of recordation noted, or if unrecorded, so marked;
o. Any proposed private deed restrictions to be imposed upon the plat, or any part or parts thereof, pertaining to the intended use of the land shall be typewritten and attached to the plat and to each copy submitted;
p. A line indicating location and extent of open space, buildable, and non-buildable areas related to the subdivision and a statement describing all requirements related to the existence or maintenance of open space, trail easements, non-buildable areas, conditional and prohibited uses, and restrictions on land use, in or affecting the development or subdivision;
q. A written statement from applicable irrigation company specifying approval;
r. Table of acreage, square feet and percentage calculations with total acres, open space, net lotted area and dedicated area;
s. Signature blocks required:
(1) Surveyor's certificate;
(2) Owner's dedication;
(3) Acknowledgments by owner to include corporate, partnership, limited liability company or trust acknowledgment, as applicable;
(4) Agreements, as applicable;
(5) Utility companies' approval;
(6) County recorder's number;
(7) County surveyor's certificate;
(8) City engineer's certificate;
(9) City attorney's approval;
(10) Mayor's approval and acceptance;
(11) Planning Commission chairperson's approval and acceptance.
B. Notification Of Local Emergency Authorities: The final subdivision piat shall be properly filed with the fire chief and director of EMT for their comment, which shall become conditions of final approval.
C. Recommendation And Final Approval: The Planning Commission shall recommend that the City Council approve, conditionally approve, or disapprove the subdivision application and shall set forth in written detail any findings of fact for recommending disapproval to the City Council. The City Council, at a regular City Council meeting, will make final approval, disapproval, or may continue for approval or disapproval at a subsequent meeting if all requirements have not been satisfied. These actions will be justified by findings of fact, included in the meeting record. A motion to disapprove the final plat shall include written findings of fact as defined by the Utah Code in 10-3-2-E. If the City Council disapproves the proposed subdivision, the applicant may execute an appeal in the manner prescribed.
D. Submission And Review: Subsequent to approval by the Planning Commission, three (3) twenty four inch by thirty six inch (24" x 36") and ten (10) eleven inch by seventeen inch (11" x 17") paper copies of the construction plans, and one copy of the original of the subdivision plat on reproduction Mylar, and three (3) copies of the subdivision plat on paper, shall be submitted to the city manager for final review.
E. Approval, Signatures Required: No final approval shall be endorsed by the mayor on the plat until a review has indicated that all requirements of the approval have been met. All required signatures must be on the final plat before the City Council indicates final signed acceptance.
F. Security; Title Report: Security shall be delivered to the city before the final plat is signed by the mayor, together with a current title report, obtained by the developer or the city manager, at the developer's expense, from a licensed title company identifying the current owners of the real property included in the final plat. (Ord. 2007-05, 5-16-2007; amd. Res. 2021-09, 11-3-2021)
Notes
| 1 | 1. See section 8-5-13 of this code for landscaping plan requirements. |