9-9-3 SUBDIVISION PROCESS

Subdivision of land shall comply with the provisions of this chapter and Utah Code Annotated §10-9a-601 et seq. Until a final plat is recorded according to these provisions, the following may not occur; lots transferred; sold or offered for sale; contracted for sale; deeded or conveyed; building permit issued on said lots; terrain altered; any vegetation removed from the proposed subdivision site; or engaging in any site development. The steps of the subdivision process are as follows: (amd. ord. 21-005, 05-11-2021, amd. ord. 24-014, 10-8-24) A. Pre-application Conference: Prior to submission of formal materials for a proposed subdivision, an applicant shall participate in a pre-application conference with the Planning and Zoning Department. (Note that this conference is not mandatory for applications for subdivision applicants for single-family, two-family, or townhouse developments). This will provide the applicant an opportunity to consult with and receive assistance from the Town regarding the regulations and design requirements applicable to the subdivision of the property prior to a significant investment in technical/engineering and legal work. (amd. ord. 21-005, 05-11-2021, amd. ord. 24-014, 10-8-24) 1. Single Family, Two Family, Townhome Exception: If the proposed subdivision application is for a residential single family, two-family, or townhome development, an applicant shall not be required to attend a pre-application conference. However, an applicant may request a pre-application confrernce to be conducted by the Town pursuant to Utah Code Annotated §10-9a-604.1 et. Seq. The applicant’s request shall be submitted to the Planning and Building Department along with any applicable applicantions or materials that are ordinarily required by this code including any applicable fees as outlined in the Town’s Consolidated Fee Schedule. (ord. 24-014, 10-8-24) B. Concept Plan Review: 1. Purpose: The concept plan is intended to be an informal and abbreviated submittal, to allow the applicant and Town Staff to determine the basic feasibility of the proposal before the applicant’s incurring time and expenses of a formal subdivision application (i.e., preliminary and final plats). Recommendations, suggestions and interpretations supplied to the applicant during the concept plan review are advisory and shall not be considered binding on the Town. 2. Review Process: a. Submittal Requirements: See chapter 4. b. After determining a complete application has been received, the Planning and Zoning Department shall distribute copies of the submitted application to other necessary Town Departments and may include affected entities who may contribute comments or suggestions on the proposed subdivision which are deemed to be in the best interest of the public. Town staff shall review the documents submitted to determine if they meet the standards for review outlined in this section. The application and staff comments are then forwarded to the Planning Commission if requested by the applicant. c. Optional Planning Commission Review: Within a reasonable time after the Planning and Zoning Department review, the concept plan may be presented to the Planning Commission at a regular meeting. During this review, the Planning Commission may provide additional comments and input as they pertain to this title to assist the applicant in preparing the preliminary plat application. 3. Standards For Review: The applicant shall demonstrate that: a. The proposed subdivision conforms to the Town’s General Plan and other applicable master plans adopted by the Town; this title including the Design Standards found in chapter 12; Public Works Standards, and other relevant sections of the Town’s Code. b. Appropriate Use: The proposed uses for the property are appropriate to the zone district and the layout/design is responsive to the constraints of topography, soil types, geologic hazards, watercourses and floodplains, and visual impacts. c. Public Services: Adequate public services are available to meet the needs of the proposed subdivision, including roads, water, sewer, storm water, gas, electric, telecommunications, trails, trainsit, snow storage areas, police and fire protection, and recreation. If adequate services do not exist at the time of application, provisions must be made for expansion of services concurrent to the subdivision development at the expense of the applicant. i. Water: The proposed water source supplying the subdivision is connected to the Town’s water distribution system and has adequate supply, capacity, and method of distribution. (amd. ord. 15-004, 4-28-2015, amd. ord. 24-014, 10-8-24) ii. Sewer: The proposed sewage system servicing the subdivision is connected to the Town’s sewer system and will be designed to meet the standards and regulations set forth by the Town and State. (amd. ord. 15-004, 4-8-2015, amd. ord. 24-014, 10-8-24) iii. Fire Protection: The proposed method for fire protection complies with this title and other regulations as applicable. (amd. ord. 24-014, 10-8-24) 4. Vested Rights: Submission of a concept plan does not constitute the beginning of any vested rights for the applicant. Vested rights shall accrue only upon the filing of a complete preliminary plat application with all required information and fees. However, if there is a compelling, countervailing public interest or the Town has initiated proceedings to amend this title or other applicable ordinances at the time of the preliminary plat application, then there shall be no vesting as it pertains to the compelling, countervailing public interest or pending ordinance change. (amd. Ord. 21005, 05-11,2021, amd. ord. 24-014, 10-8-24) 5. The Planning and Zoning Administrator shall notify the applicant in writing of review findings, including any design or engineering feasibility issues, inadequacy of submittals, noncompliance with local regulations, and/or the need for other information which may assist the Town during subsequent evaluations. Review findings shall not constitute an approval or disapproval of the proposed subdivision, but rather shall operate in such a manner as to give the applicant guidance as to the requirements and constraints for the applicant’s proposed subdivision. (ord. 24-014, 108-24) 6. Once concept plan recommendations have been received from the Town, the applicant may apply for preliminary plat approval consistent with the concept plan. (ord. 24-014, 10-8-24) 7. A concept plan application and Town approval is recommended but shall not be required for subdivision applications intended for single-family, two-family, or townhome development. (ord. 24-014, 10-8-24) 8. If the applicant does not proceed with the preliminary plat review application within six (6) months of completing the concept plan review, the applicant shall resubmit the proposed concept plan and the Planning and Zoning Administrator shall determine whether the concept plan review process shall be repeated. One (1) extension not to exceed six (6) months may be granted by the Planning and Zoning Administrator if the Town’s ordinances regulating subdivisions have not changed, and if the applicant requests the extension in writing prior to the expiration of the initial approval. (ord. 21005, 05-11-2021, amd. ord. 24-014, 10-8-24) C. Preliminary Plat: 1. Purpose: The purpose of the preliminary plat is to review in greater detail the proposed subdivision’s design in order to minimize changes and revisions which might otherwise be necessary on the final plat and associated subdivision improvement plans. The preliminary plat, and all information and procedures relating thereto, shall in all respects be in compliance with the provisions of this title and any other applicable ordinances. (amd. ord. 24-014, 10-8-24) 2. Standards For Review: The applicant shall demonstrate that: a. Compliance with the Town’s General Plan and Ordinances. The proposed subdivision conforms to the Town’s General Plan and other applicable master plans adopted by the Town; this title including the Design Standards found in chapter 12; Public Works Standards; and other relevant sections of the Town’s Code. b. Appropriate Use: The proposed uses for the property are appropriate to the zone district and the layout/design is responsive to the constraints of topography, soil types, geologic hazards, watercourses and floodplains, and visual impacts. c. Public Services: Adequate public services are available to meet the needs of the proposed subdivision, including roads, water, sewer, storm water, gas, sanitation, electric, telecommunications, transit, snow storage area, police and fire protection, and recreation. If adequate services do not exist at the time of application, provisions or plans for expansion of services concurrent to the subdivision development. i. Water: The proposed water source supplying the subdivision will be connected to the Town’s water distribution system and has adequate supply, capacity, and the method of distribution will be designed to meet the requirements of the Town; (amd. ord. 15-004, 4-28-2015, , amd. ord. 24-014, 10-8-24) ii. Sewer and Sewer Treatment: Provisions has been made for a public sewer collection system that is connected to the Town’s sewer system and meets Town requirements, including sufficient capacity for sewer treatment. (amd. ord.15-004, 4-28-2015, , amd. ord. 24-014, 10-8-24) d. Fire Protection: The proposed method for fire protection complies with this title and other regulations as applicable. (ord. 24-014, 10-8-24) 3. Review Process: a. Application: The subdivider shall file an application for preliminary plat approval. See Chapter 4 of this title for the information required to be included on or with the preliminary plat. The applicant shall provide the Town with sufficient information so that it can provide notice by transmittal letter to such affected entities (i.e., public agencies and utilities) as deemed appropriate by the Planning and Zoning Administrator or designee. In the transmittal letter, the Town shall request that each of the affected entities, as set forth in Utah Code Annotated §10-9a-103(3), as amended, forward a report of its findings and recommendations to the Planning and Zoning Department a minimum of three (3) business days prior to the date of the public hearing set for the preliminary plat approval for the review and consideration of the Land Use Authority. The developer shall pay for all costs incurred. (amd. ord. 24-014, 10-8-24) b. Town Staff Review: i. Within a reasonable time, the Planning and Zoning Administrator and/or other relevant Town Staff shall review the preliminary plat application for general compliance with these regulations including the Town’s Public Works Standards, Design Standards and other ordinances, when applicable. If the preliminary plat is not complete or not in general compliance, the Planning and Zoning Administrator shall notify the subdivider in writing and specify the respects in which it is deficient. When the submission is complete the Planning and Zoning Administrator, or designee, shall forward the preliminary plat to the Land Use Authority. (amd. ord. 24-014, 10-8-24) ii. The Public Works Department and Town Engineer shall review submittals, plans and plats as to engineering requirements for street widths, grades, alignments, snow removal and storage, surface water flow and flood control, and for consistency of the proposed public improvements with this title and other applicable ordinances. (2010 Code, amd. ord. 15-004, 4-28-2015) c. Land Use Authority Review: The Planning Commission shall hold a public hearing to review and act thereon. If the Planning Commission finds that the proposed preliminary plat complies with the Standards for Review, as well as, all other requirements of this title, it shall approve, or approve with conditions, the preliminary plat. If the Planning Commission finds that the proposed plat does not meet the requirements of this title or other applicable ordinances, it shall deny the proposed preliminary plat. (amd. ord. 24-014, 10-8-24) 4. Effect Of Approval Of Preliminary Plat: Approval of the preliminary plat shall in no way relieve the applicant of responsibility to comply with all ordinances, all issues identified during the review by the Town (unless formally waived by the Land Use Authority), and to provide all improvements and easements necessary to meet Town standards and specifications. (amd. ord. 24-014, 10-8-24) 5. Expiration Of Preliminary Plat Approval: Application for final plat approval shall be made within twelve (12) months after approval or conditional approval of the preliminary plat by the Land Use Authority. This time period may be extended for no more than one (1) additional six (6) month period of time by the Planning and Zoning Administrator for good cause shown if the subdivider petitions for an extension prior to the end of the original six (6) month period. Only one (1) extension may be granted. Failure to submit the application for final plat within the allotted time period shall cause the previous approvals to be null and void. Fees previously paid by the applicant shall not be refunded. (ord. 08-016, 8-12-2008, amd. ord. 21-005, 05-11-2021, , amd. ord. 24-014, 10-824) D. Final Plat: 1. Purpose: The purpose of the final plat review is to obtain formal Land Use Authority approval of the detailed engineering and legal requirements of the final plat prior to recording the subdivision plat pursuant to UCA §10-9a-604(b)(i) as amended. The final plat and all information and procedures relating thereto shall be in compliance with the provisions of this title. The final plat and subdivision improvement plans submitted shall conform in all respects to those regulations and requirements specified during preliminary plat review. (amd. ord. 21-005, 05-11-2021, amd. ord. 24-014, 10-8-24) 2. Standards For Review: The applicant shall: a. Comply with all conditions of preliminary plat approval. (amd. ord. 24-014, 10-8-24 b. Include acceptable subdivision improvement plans for the water distribution system, final agreements from the water provider, and provisions for perpetual maintenance for the water system. (amd. ord. 24-014, 10-8-24) c. Meet all planning, engineering, and surveying requirements of the Town for maps, data, surveys, analyses, studies, reports, plans, designs, documents, wetlands designations, and other supporting materials. d. Provide evidence to show that there is no encumbrance, lien or conveyance restricting the intended use of the lot. e. Provide evidence from the County Treasurer that all ad valorem taxes applicable to the property have been paid. f. Include all dedications for streets, roadways, easements, trails and/or rights of way, as necessary. g. Provide signature blocks on the plat signed by a representative of public utilities which identify their approval. 3. Review Process: a. Application: The applicant shall file an application for final plat approval with the Planning and Zoning Department in such form and quantities as prescribed by Chapter 4 of this title. (amd. ord. 21-005, 05-11-2021) b. Planning and Zoning Department Review: The Planning and Zoning Administrator shall ensure that the final plat and associated documents have been checked by the applicable Town Departments (Public Works, Public Safety), Town Engineer and Town Attorney for completeness and general compliance with this title and for incorporation of any changes required during the preliminary plat procedure, and that other applicable approval agencies have granted approval. Such review shall be conducted consistent with section 9-9-2 of this chapter. If the submission is not complete, not in general compliance with, or does not incorporate conditions of previous approvals, the Planning and Zoning Administrator shall notify the applicant in writing and specify the respects in which it is deficient. (amd. ord. 21-005, 05-2021, amd. ord. 24-014, 10-8-24) c. Land Use Authority Review: Upon receipt of the final plat and Town Staff’s recommendation, the Planning and Zoning Administrator shall: i. Approve the final plat as presented; ii. Disapprove the final plat and advise the applicant in writing of the changes or additions that must be made for approval; or iii. Continue the application to allow the applicant to make revisions. The applicant shall be responsible for notifying the Town that the final plat has been revised and is ready for recommendation. (amd. ord. 21-005, 05-11-2021, amd. ord. 24-014, 10-8-24) 4. Expiration Of Final Plat Approval: If the final plat is not recorded or the requirements set forth as a condition of final approval are not met by the applicant within twelve (12) months from the date of final plat approval, such approval shall be null and void. This time period may be extended for good cause shown, for one (1) additional six (6) month time period by the Planning and Zoning Administrator. The applicant must petition for an extension prior to the expiration of the original twelve (12) months, or an extension previously granted. Up to two (2) extensions may be granted if each extension will not be detrimental to the Town. If any of the fees charged as a condition of subdivision approval, including, but not limited to, inspection fees, park fees, flood control fees, as well as the amounts the Town uses to estimate bonds to ensure completion of improvements, have increased, the Town may require the applicant pay such increases as a condition of granting the extension. (amd. ord. 21-005, 05-11-2021, amd. ord. 24-014, 10-824) E. Security Agreement: Prior to recording a final plat, the applicant shall provide sufficient financial guarantee consistent with chapter 13 of this title. The accompanying agreement may contain such provisions as approved by the Town Attorney and Town Engineer. (amd. ord. 21-005, 05-11-2021, amd. ord. 24-014, 10-8-24) F. Plat Recorded: After final approval, filing of security agreements and signing of the plat by the Town Manager, Mayor, Town Engineer, Town Attorney, utility companies and other required entities, the plat and covenants, conditions, and restrictions (CC&Rs) shall be recorded in the office of the County Recorder by the Town Clerk, with all recording costs paid by the applicant. (amd. ord. 15-004, 4-28-2015, amd. ord. 24-014, 10-8-24) G. Acceptance of Subdivision Improvements: 1. Subdivision improvement or such conditions imposed under this title shall be deemed accepted by the Town only upon complete final inspection by the appropriate Town Departments or officials and the issuance of a Certificate of Acceptance by the Town Manager or designee. 2. Conditions for Acceptance: In order for the subdivision public improvements such as streets, sewer, and water to be accepted, the following shall occur: a. Upon substantial completion of the subdivision improvements, the subdivider shall submit a written request for the Town to conduct a substantial completion inspection. b. Within a reasonable time of the request, and weather permitting, the Town shall conduct an inspection of the improvements to ensure that they have been installed per the letter to the subdivider identifying required corrections to be completed prior to the one (1)-year warranty period beginning. At the beginning of the warranty period, the Town shall release all funds, except for a retention bond as allowed per Utah Code Annotated §10-9a-et.seq. During the one (1)year warranty period, the Town may provide services to the subdivision such as water, sewer, snow removal and garbage collection. c. At the end of the one (1) -year warranty period, the applicant may submit a written request to the Town for a final acceptance inspection of the subdivision improvements. Upon completion of any required corrections or repairs, the Town shall issue a letter of final acceptance and release any retention due to the applicant. (2010 Code, amd. ord. 24-014, 10-8-24)