2-10.4 MINOR SUBDIVISIONS (LESS THAN 10 LOTS)

An applicant may subdivide property into any number of lots or parcels of less than ten (10) provided that any proposed lots or parcels front an improved and dedicated public street and comply with the applicable zone standards. An applicant may qualify for a minor subdivision when a dedicated street exists, if said street is in need of some or all improvements. Provided that the developer is willing to post a bond or other security accepted by the Town of Cleveland, in the amount of one hundred (100%) percent of the required improvements, and the total number of lots or parcels is less than ten (10). The applicant for a minor subdivision shall submit an application form to the Town Recorder’s Office. After administrative review by the Planning Commission Chairman or Assistant Chairman, the applicant shall submit a preliminary plat to the Planning Commission for its consideration. The applicant must comply with Chapter 2-11 General Design Standards For Subdivisons of this title, for design standards and infrastructure requirements of a subdivision. 1) CONCEPT PLAT REVIEW. The applicant shall prepare and submit five (5) copies of a concept plat of the proposed subdivision. The concept plat shall include: a. A minimum scale of 1” =50’; b. The proposed streets, alleys, parks, open spaces and other offers of public dedications showing widths and pertinent dimensions of each; c. Existing rights-of way and easement grants of record for streets, underground utilities and other public purposes; d. A north arrow facing the top of right margin; e. A date on each sheet; f. The boundary dimensions and legal description of the subdivision; g. The location, width, and other dimensions of all existing or platted streets and other important features such as utility lines, and exceptional topography and structures within the proposed subdivision and within a two hundred foot (200’) perimeter of the proposed subdivision; h. The proposed subdivision name; i. The name and address of the applicant, engineer or surveyor for the subdivision and of the owners of the land to be subdivided. 2) NOTICE. The applicant shall provide the Town with two (2) sets of type written address labels, together with sufficient funds to cover related postage costs, to all property owners within three hundred (300) feet of the proposed subdivision. Such notice shall be mailed at least seven (7) days prior to the Planning Commission’s formal consideration of the preliminary plat. Notice of subdivisions for multi residential, commercial, or industrial development shall be provided to affected entities as required under this section. 3) PLANNING COMMISSION PUBLIC HEARING. The Planning Commission shall hold a public hearing on the preliminary plat by providing reasonable notice of the public hearing at least 14 days before the date of the public hearing. After holding a public hearing the planning commission shall determine if the application meets the requirements of this code. 4) PLANNING COMMISSION CONSIDERATION. Upon review and consideration of the preliminary plat for compliance with this code, at a meeting called for such purpose, the Planning Commission shall recommend its approval, denial, or approval with conditions to the Town Council. Such decision shall be made within 45 days of said meeting. 5) TOWN COUNCIL PUBLIC MEETING. The Town Council shall hold a public meeting within forty-five (45) days of the Planning Commissions recommendation and shall approve, deny or conditionally approve the preliminary plat. The council may call for a public hearing at their discretion. 6) FAILURE TO RECORD. Failure to record a final plat within one year of approval of the preliminary plat by the Cleveland Town Council shall render the preliminary plat null and void. In such case, the applicant must commence the subdivision process anew. 7) FINAL SUBDIVISION PLAT REVIEW. Upon Planning Commission recommendation and Town Council approval of the preliminary plat, the applicant shall prepare and submit to the Planning Commission a final plat of three (3) paper copies with dimensions of 24” x 36”, and one (1) 8 ½” x 11” copy. The final plat shall include: a. A minimum scale of 1” = 50’; b. The proposed streets, alleys, parks, open spaces and other offers of public dedications, showing widths and pertinent dimensions as well as points of intersection of each; c. Existing rights-of-way and easement grants of record for streets, underground utilities and other public purposes; d. A north arrow facing the top of right margin; e. A date on each sheet; f. The boundary dimensions and legal description of the subdivision and each lot therein, with the point of beginning clearly labeled; g. The acreage or square footage for all parcels or lots and the length and width of the blocks and lots intended for sale; h. A legend of symbols; i. All survey monuments and proposed hydrant locations; j. The streets indicating numbers and/or names and lots numbered consecutively; k. The location, width, centerline bearings and curve data (including delta angle, radius, length, tangent and the long cord on curves) and other dimensions of all existing, proposed or platted streets and easements; l. A similar description of important features such as utility lines and exceptional topography and structures within the proposed subdivision and within a two hundred foot (200’) perimeter of the subdivision. Utility features must appear on the plat; m. The streets, lots, and properties within two hundred feet (200’) surrounding the subdivision shown in ghost lines; n. A proposed subdivision name; o. Approvals, Acceptance and Certificates: i. Owner’s dedication and acknowledgment; ii. Surveyor’s stamped certificate with subdivision boundary legal description; iii. Town Engineer’s (or designee) approval; iv. Southeastern Utah Health District Sanitation approval; v. Castle Valley Special Service District’s certificate of approval, the culinary water authority; vi. Planning Commission acceptance; vii. Town Council’s approval as to form; viii. County Recorder’s certificate. p. The name and address of the applicant, engineer, or surveyor for the proposed subdivision and owners of the land to be subdivided. 8) APPROVAL OF FINAL SUBDIVISION PLAT. Upon a determination that the proposed plat is consistent with the General Plan and upon receipt of the owners’ tax clearance, and written approval from the culinary water authority and irrigation authority, the Town Council may approve a final subdivision plat as provided above. At this time the developer shall provide one (1) Mylar copy of the plat with all the appropriate signatures, that will be considered the final plat for the subdivision. 9) IMPROVEMENTS. Subdivision improvements must be completed within one (1) year of recordation of the final subdivision plat, unless such time as extended by the Cleveland Town Council. 10) PUBLIC IMPROVEMENTS SECURITY. A security arrangement shall be one of the following types as dictated by the Town: (a). A bond with a surety company licensed to do business in the State of Utah; or (b). An irrevocable letter of credit with a federally insured financial institution; or (c). A cashier’s check made payable only to the Town; or (d). A trust or escrow account with a federally insured financial institution designating the Town as beneficiary. Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the Town. The Town shall not be required to pay interest to the developer on any non-interest bearing escrow account established for this purpose. 11) INSPECTIONS. The Planning Commission Chairman or his/her designee shall inspect the subdivision development during construction through its completion. 12) OWNERS DUTY TO RECORD PLAT. The owner(s) of an acknowledged, certified and approved plat shall record the plat in the County Recorder’s office. An applicant’s failure to record a final plat within one year of Town Council approval shall render the plat null and void. In such case, the applicant must commence the subdivision process anew.