8.27.09 Large Scale Development Regulations

The process for developing any large scale development is as follows: (1) Sewer and Water Requirements. Developments more dense than five (5) acres per dwelling must be connected to a public sewer system. All lots must provide adequate water rights for the culinary use as well as sufficient water to irrigate any land that has been historically irrigated. (2) Compliance With this Title. Any large scale development must meet the requirements of this title regarding lighting, landscaping, emissions, signs, environmental regulations, or any other section that indicates applicability to the development being considered. (3) Process for Developing Large Scale Developments. (a) Concept Plan. All large scale developments are required to submit a concept plan to be reviewed by the Development Review Committee. (b) Planned Performance Development. Planned performance developments shall receive master plan, density, and overall preliminary approval under one application. Density shall be established by determining physical and infrastructure constraints (see 8.27.24) of the site and coming up with a feasible number of buildable lots. In zones that allow density bonuses, the density shall be used as a base. After master plan and density approval the process shall follow the large-scale development requirements. (c) Preliminary Approval. Developer shall submit a complete application form for the type of development requested and pay the appropriate application fee, along with the preliminary plans and drawings and any documents or other items required for the development type. Preliminary approvals shall be for the entire property. (d) Review For Completeness. The planning staff shall review the application to determine if the application is complete. This review shall not be a review as to the quality of the application, but only to determine if all required items have been provided. (e) If Incomplete. If the application is found to be incomplete, the planning staff will notify the developer and advise the developer of the additional items that are necessary to make the application complete. (f) If Complete. If the application is found to be complete, the planning staff will notify the developer in writing of that fact, and place the item on the next Development Review Committee agenda. (g) Development Review. The planning staff shall distribute the drawings and other appropriate documents to the Development Review Committee and any other appropriate persons or entities for review and comment on the proposal. The planning staff shall advise the developer of any issues that need to be addressed or modified to satisfy the requirements for the development. If deemed appropriate by the planning staff, an appointment will be made for the developer to discuss issues directly with the Development Review Committee. The Development Review Committee will then make recommendations to the Planning Commission for approval, denial, and/or conditions to be placed on any approval. (h) Placement on Agenda. The planning staff shall, after an item is determined to be complete and has been distributed to the various members of the Development Review Committee, place the matter on the agenda for appearance before the Planning Commission. The planning staff shall then write a report to the Planning Commission taking into consideration the recommendations of the Development Review Committee. If at any time issues are found that have not been satisfactorily addressed, the item may be pulled off the agenda. (i) Planning Commission. The Planning Commission will hold a hearing, after proper public notice, and will allow for public comment on the matter. If Planning Commission makes a recommendation for approval, the proposal will be forwarded to the Town of Daniel legislative body. (j) Town of Daniel Legislative Body. After receipt of the recommendation of the Planning Commission, and performance of any conditions that are required to be completed before a hearing before the Town of Daniel legislative body, the planning staff shall publish any necessary notice and place the matter on the next available agenda for a public hearing before the Town of Daniel legislative body. The Town of Daniel legislative body shall hold a public hearing and solicit public comments on the matter. Unless continued to a later hearing, the Town of Daniel legislative body shall issue their decision on the matter. The decision may be to approve, approve with conditions, or to deny the application. If the Town of Daniel legislative body considers any substantial changes to the development that were not considered by the Planning Commission, the matter shall be referred back to the Planning Commission to consider such substantial changes. (k) Final Approval Process. Prior to the expiration of the preliminary approval, the developer shall submit an application for final approval. The application for final approval will be considered by the Planning Commission without a public hearing by the Town of Daniel legislative body so long as the final plan has not deviated from the approved preliminary plan or if determined by the planning director that any proposed changes are in keeping with the approved preliminary plan. The plat will be signed by the mayor. (l) Plat Recordation. After receiving final approval, but prior to expiration thereof, the developer shall submit the final plat and all necessary final documents, bonds and/or development agreements, which have been signed and notarized by the owner, lien holder, and surveyor, as necessary, to the planning staff for processing. Prior to the recording of the plat, the subdivision boundary monuments must be placed and all lots staked. An inspection will be performed by the Town of Daniel planning staff to verify compliance. The planning staff will obtain any signatures necessary from any municipal department, county department, or special service district. The planning staff shall take the plat and documents to the county recorder for recording. All recording fees shall be paid by the developer. Any outstanding fees not yet paid by the developer must be paid prior to recording. (4) Concept Application Requirements. The following items shall be submitted as part of the concept plan. (a) Location of the entire development in relation to surrounding neighborhoods and developments (include names of adjacent developments, adjacent property owners' names and addresses, and adjacent land uses and buildings); (b) Existing waterways (including irrigation), significant vegetation, and natural features of the land; (c) Existing and proposed infrastructure including all fire hydrants, water and sewer lines, storm sewer system, and all utilities, including but not limited to electricity, natural gas, telephone, cable television; (d) Proposed layout of all public and private streets; (e) Tour of the site with the planning staff; and (f) Any additional information that the Town of Daniel planner and/or Planning Commission may reasonably require in a specific instance. Where a developer owns or controls more land than he or she wishes to develop immediately, the Town of Daniel requires that a conceptual plan of the entire area be submitted, in which case the developer shall indicate the portion to be developed immediately and the portion to be held for future development. (5) Preliminary Application Requirements. (a) Preliminary Application. The following items shall be submitted with the preliminary application, along with any other plans or plat requirements of this title: (i) Show name and address of development and developer's engineer; (ii) Plan in D size sheets (24" x 36"); (iii) Boundary lines of the tract of land to be subdivided shown in heavy lines; (iv) Vicinity Map; (v) All proposed phases of the development, numbered and defined, with approximate timetable for development; (vi) Existing topography with a contour interval of two (2) feet; (vii) Grading plans illustrating cut and fill limits and limits of disturbance and landscaping plans including topographic lines, and evidencing conformance with this title; (viii) Existing and proposed lot lines, easements, walkways, streets and rights-of-way (public and private), including widths, street names, and numbers, on subject and surrounding areas; proposed dedications of public use areas; existing and proposed curb, gutter, and sidewalk and trail system, including cross-section of trails proposed. Commercial or mixed-use areas will require sidewalks; (ix) Soils testing and geotechnical analysis as required by this title; (x) Existing and proposed infrastructure including all fire hydrants, water and sewer lines, storm sewer system, and all utilities, including but not limited to electricity, natural gas, telephone, and cable television; (xi) Proposed layout of all public and private streets, if any, including profiles (same scale as site plan) and cross-sections; (xii) Location and elevation drawings of existing and proposed buildings, signs, dumpster and utility enclosures, fences and other structures; (xiii) A landscaping plan as required in this Title illustrating evergreen/deciduous plant massing, planting materials, irrigation plans revegetation areas, limits of disturbance, etc.; (xiv) Drainage plans as per A Guide for Erosion and Sediment Control for Wasatch County, Appendix E, See Appendix 5. The drainage plan shall include the following: (A) Site description; (B) Development plan; (C) Drainage assessment; (D) Storm water; and (E) Pollution prevention plan. (xv) Environmental Constraints Analysis. Slopes over thirty (30) percent, flood hazard areas, fault line setback areas, wetlands, high water table areas, landslide areas, alluvial fan, flood debris flow, or collapsible soil hazard areas, shallow ground-water areas, stream or drainage corridor setback areas, springs, seeps or surface water areas, detention basin areas, established road and utility corridors, ridgeline areas and geologic hazards; (xvi) Parking, access and loading plan, including required bus pullouts and/or other proposed mass transit plans; (xvii) Unit configuration footprints and typical architectural elevations; (xviii) Tabulation of projected ERUs, as described in the plan, number of housing units by type with the number of bedrooms, parking stalls provided, building square footage, building footprint square footage, open space acreage and percentage, landscape acreage and percentage, hard surface acreage and percentage; (xix) View shed analysis illustrating existing and proposed views from selected vantage points; (xx) Any additional information that the Town of Daniel planner and/or Planning Commission may reasonably require in a specific instance. Where a developer owns or controls more land than he or she wishes to develop immediately, the Town of Daniel requires that a overall preliminary plan of the whole area be submitted, in which case the developer shall indicate the portion to be developed immediately and the portion to be held for future development; (xxi) Fiscal analysis; and (xxii) Site assessment information. All important aspects of the site are to be documented. This includes but is not limited to the following: Historic/cultural, vegetation, geologic features etc. If information is found, a mitigation plan may be necessary. (b) Preliminary Documentation: The preliminary documentation shall include the following documents that shall be prepared in accordance with Town of Daniel standards, and shall be submitted in accordance with the requirements of this title, or any amendment thereto, with the required application fees. A sample of many of such documents may be obtained through the planning office, if requested. These documents shall be a draft copy of each document, which shall be reviewed and the final copies will be submitted with the Final documentation when application is made for final approval. (i) Draft copy of Articles of Incorporation and Bylaws of the Property Owners Association; (ii) Draft copy of declaration of covenants, conditions, restrictions and management policies; (iii) Documentation of ownership of or permanent right to sufficient water to meet the culinary and outside irrigation needs of the development as required herein. (iv) Will serve letters from irrigation companies or provider of outside irrigation. Such letters should indicate terms and conditions of service and impacts to the company’s facilities. (v) Letters from affected entities stating concerns and requirements including the following: (A) Special service district and/or other appropriate agency, indicating the availability of water, water service, sewer service, extended fire, extended police, schools, garbage collection and disposal, roads maintenance, trails maintenance, open space management, storm water detention, telephone service, electric service, natural gas, and other municipal type services; (vi) A draft copy of an open space and common area maintenance agreement; and (vii) A draft copy of a plan for assuring that any services agreed to be provided by the development will continue to be provided by the development on an ongoing basis without becoming a burden to the Town of Daniel. (viii) Draft copy of the proposed development agreement. (c) Final Application Requirements. The final plans must first evidence how the final plans conform to the preliminary plans and any conditions for preliminary approval and such plans must also include the following: (i) Development name and address; (ii) North point, scale (not smaller than 1" = 100'), date; (iii) Development phase number, if a phased project; (iv) Names, addresses, and telephone numbers of developer, engineer, and current owners; (v) Nearest section corner tie, township(s), and range(s); (vi) Lot lines, dimensions and area; adjacent lots and phases; (vii) Existing and proposed easements, walkways, trails, streets, and rights-of-way (public and private), and trails, including widths, names, and numbers; proposed dedications of public use areas; existing and proposed curb, gutter and sidewalk (public and private); (viii) Existing waterways (including irrigation and piping); (ix) Topography (contours at two-foot (2’) intervals) and site drainage plan which illustrate existing and proposed conditions; (x) Existing vegetation to remain on development and natural features of the land; (xi) Sensitive lands including, but not limited to slopes over thirty (30) percent, flood hazard boundary, wetlands, high water table areas, and geologic hazards; (xii) Soils testing and analysis. Geotechnical studies as required by this title; (xiii) UDOT approval for access to state roads; approval of Wasatch County flood control and the Daniel Planning Commission; approval of Army Corps of Engineers in wetlands or high water table areas; approvals of power, gas, telephone and cable companies where easements are proposed and service is required; (xiv) Final grading plans illustrating cut and fill limits and limits of disturbance; (xv) Temporary construction erosion control plan; (xvi) Final drainage plan illustrating methods of controlling runoff, directing water flow, and detention / retention areas; (xvii) Existing and proposed utilities including, fire hydrants, water and sewer lines, and storm sewer system; (xviii) Location and elevation drawings of existing and proposed buildings, signs, dumpster and utility enclosures, fences and other structures including materials and colors; (xix) Landscaping plan with irrigation system and plant species and sizes; (xx) Parking, access, and loading plan; (xxi) Lighting plan; (xxii) Signage plans shall comply with Daniel Sign Regulations as found in this title; (xxiii) Architectural plans (floor plans, elevation, with materials); (xxiv) Tabulation of ERUs, as defined by the plan, number of housing units by type and square footage, with the number of bedrooms, parking stalls provided, building square footage, building footprint square footage, open space acreage and percentage, landscape acreage and percentage, hard surface acreage and percentage; (xxv) Special service district approval letter; and (xxvi) Mitigating measures (to conform with the Daniel Land Use Code and design standards as found in this document), and any other information as required by the Town of Daniel as a condition of approval. (xxvii) Water rights that are being dedicated to the development or an indication how water service will be made. (d) Final Documentation. The following official documents prepared in a manner that will fully present information required as part of this title on forms: (i) Articles of Incorporation and Bylaws of the association; (ii) Declaration of covenants, conditions, restrictions, and management policies; (iii) Maintenance agreement between the developers, Property Owners Association, SSD, and/or the Town of Daniel, providing for the establishment of an impound account as a means of assuring proper maintenance of the development; (iv) Open space agreement acceptable to the Town of Daniel; (v) Affordable housing agreement approved by Town of Daniel; (vi) Schools and civic agreement approved by Town of Daniel; (vii) Itemized estimates of the cost of constructing all required improvements to be constructed in the development. The developer shall also submit a report to the Planning Commission pertaining to the source or sources of the construction funds; (viii) A statement from the State Health Department, through the County Health Department, granting engineering approval of the development pertaining to water and sewer facilities if not publicly owned; (ix) A final form of the development agreement, as adopted by the Town of Daniel, (see Appendix 7) showing assurances to the Town of Daniel that the services to be provided by the development will continue to be provided by the development on an ongoing basis and will not require the Town of Daniel to take over services in areas outside of the planned urban services areas, and become a financial burden on the Town of Daniel; and (x) Vicinity map on the plat.