1209 Applications

Prior to subdividing any tract of land, the Applicant shall comply with the requirements of this Section. The Town shall not approve, nor shall a party record, any plat or other creating instrument for a new subdivision unless the party has properly applied under this Chapter and received both a preliminary approval and a final approval from the respective Land Use Authorities and all required improvements are completed or guaranteed. 1) Process Overview: All proposed subdivisions must receive both a preliminary application approval and a final application approval. Both the preliminary and final approvals must be granted independently. Before submitting an application, the applicant may request a pre-application meeting. After the final application is approved, the applicant must complete or guarantee any required improvements before recording the plat and/or making final any sale of property described within the plat. Until a final application is approved, the proposed subdivision application must comply with any amendments to local ordinances or state statutes. 2) Pre-application Meeting: A party intending to submit a subdivision application under this Chapter may request a pre-application meeting with the Zoning Administrator for the purpose of reviewing any element of the party’s proposed subdivision application (preliminary or final). The proposed application need not be complete for purposes of this meeting and may—if the party desires—be limited to a concept plan. a) If a party requests a pre-application meeting, the Zoning Administrator shall give the applicant notice of the scheduled date within 15 business days of the date of the request. The meeting shall be scheduled for the earliest convenient time, and, at the option of the party requesting the meeting, shall occur within 20 business days after scheduling. b) The Zoning Administrator shall conduct the meeting, provide feedback on materials as requested by the party, and shall provide or have available on the municipal website the following at the time of the meeting: i) Copies of applicable land use regulations, ii) A complete list of standards required for the project, and iii)Relevant application checklists. 3) Form and Contents of Preliminary Application: To be considered complete, a preliminary subdivision application must include at least the following elements: a) Contact information for the applicant, the engineer or surveyor of the subdivision, and the owners of the land to be subdivided. b) An approved land use application that describes how the property will be used after it is subdivided. i) If the intended use is permitted by right under Town ordinances, the land use application must include proof that the Town has approved the use as required by Chapter 8. ii) If the intended use requires a conditional use permit, the land use application must include an approved permit as required by Chapter 11. Should an applicant seek a conditional use permit concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the use permit is issued. iii)If the intended use is prohibited under Town ordinances and requires a variance or rezoning, the land use application must include an approved, Town-issued variance or a rezoning authorizing the intended use. Should an applicant seek a variance or rezoning concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the variance is issued or rezoning is achieved. c) An improvement plan, created in accordance with applicable portions of Sections 1210, 1211, 1212, and Chapter 13 of this Ordinance, for all public improvements proposed by the applicant or required by Town ordinances. In addition to the requirements in Sections 1210, 1211, 1212, and Chapter 13, the improvement plan must contain: i) An engineer’s estimate of the cost of completing the required improvements. ii) A site plan created by a licensed engineer or surveyor. iii)A contour map at appropriate intervals for use in assessing drainage plans. (1)The Town shall determine from the review of the map any possible need for Environmental Impact Analysis, which would take into account the soil type, slopes, soil erosion potential, sedimentation control, vegetation, waterways, drainage and other geological characteristics at the site. If the site requires substantial, clearing, grading earth moving to develop the site, the Planning and Zoning Commission may require the applicant to provide control plans and specifications prepared by a Utah Registered Civil Engineer. iv) A contour map at appropriate intervals for use in assessing any potential impacts to Critical Areas and the natural habitat within the proposed development. v) All construction plans, information and data necessary to install and construct the improvements. vi) Proposed offsite and onsite water facilities, sanitary sewers, storm drainage facilities, and fire hydrants. vii)A tentative plan by which the Applicant proposes to handle 125% of a 2-hour, 100-year storm water drainage for the subdivision. viii) The location of existing bridges, culverts, surface or subsurface drainage ways, irrigation lines, ditches, utilities, public buildings, pumping stations, within the subdivision or within 300 feet thereof. ix) Utility plans: Information showing availability or plans for providing utilities to the development. (Note: Overhead utility construction is not allowed within the Town.) x) A soil report: A preliminary soil report prepared by a registered civil engineer, based upon adequate test boring or excavations (if required by this Ordinance). (1)The applicant shall provide to the Planning and Zoning Commission complete information about any potential geologic problems within the development area, including, but not limited to, expandable soils, potential slide or slough areas, high ground water table. If no geologic problems exist in the development area, the applicant and the applicant’s engineer must certify the same to the Planning and Zoning Commission. (2)The Planning and Zoning Commission shall require the applicant to provide soil erosion and sedimentation control plans or stabilization plans and specifications prepared by a registered civil engineer. xi) A rendered elevation showing the facade if the new construction is in the ResR, C, LI zone. xii)A UDOT transportation study, if one is required by a UDOT access management plan (relevant when the subdivision touches a road created or maintained by UDOT). xiii) Certification by the applicant’s engineer stating that the proposed improvements comply with the Town’s development standards. d) A preliminary plat. The preliminary plat must be drawn to scale, in detail, and in accordance with generally accepted surveying standards and the acceptable filing standards of the County Recorder’s Office. The preliminary plat must include: i) The names and addresses of the applicant, the engineer or surveyor of the subdivision, and the owners of the land to be subdivided. ii) The proposed name of the subdivision shall be shown on the plat and must be a unique subdivision name within Daggett County. iii)Sufficient information to accurately locate the property must be shown on the plat. iv) The boundaries, course, and dimensions of all proposed parcels. The boundary lines must show all fences, ditches, canals, and existing structures within 100 feet of the boundary line. v) The lot or unit reference; block or building reference; street or site address; street name or coordinate address; acreage or square footage for all parcels, units, or lots; and length and width of the blocks and lots intended for sale. vi) Every existing right-of-way and recorded easement located within the plat for underground, water, and utility facilities. vii) Any known and unrecorded water conveyance facility located, entirely or partially, within the plat. viii) Whether any parcel is intended to be used as a street or for any other public use. ix) Whether any parcel is reserved or proposed for dedication for a public purpose. x) The location of and dimensions to the nearest existing benchmark or monuments, and section line; the location and principal dimensions for all water courses, public utilities, and other important features and existing structures within the land adjacent to the tract to be subdivided, including exceptional topography, airports, and air approaches to the airport. xi) If any portion of the proposed subdivision is within 300 feet of an Agriculture Protection Area, the notice language found in Utah Code §17-41-403(4). xii)If any portion of the proposed subdivision is within 1,000 feet of an Industrial Protection Area, the notice language found in Utah Code §17-41-403(4). xiii) If any portion of the proposed subdivision is within 1,000 feet of a Critical Infrastructure Materials Protection Area, the notice language found in Utah Code §17-41-403(4). xiv) If any portion of the proposed subdivision is within 1,000 feet of a Mining Protection Area, the notice language found in Utah Code §17-41-403(4). xv)If any portion of the proposed subdivision is within 1,000 feet of a Vested Critical Infrastructure Materials Operation (extracting, excavating, processing, or reprocessing sand, gravel, or rock aggregate where that use is not permitted by Town ordinances), the notice language found in Utah Code §10-20-8. xvi) If the subdivision includes a condominium, the requirements found in Utah Code §57-8-13, as amended. xvii) The signature blocks described in Section 1308. e) Copies of any agreements with adjacent property owners to the proposed subdivision. f) Certifications, including: i) An affidavit from the applicant certifying that the submitted information is true and accurate. ii) The signature of each owner of record of land described on the preliminary plat, signifying their consent to the preliminary subdivision application and their intent to dedicate portions of the preliminary plat to the public as described in the application. iii)A Title Report or Title Insurance Policy for the land to be subdivided verifying property ownership. iv) A Certificate of Survey from the surveyor who prepared the plat, attesting that the surveyor is licensed in Utah and performed the survey in accordance with Utah Code §10-20-803(6). v) Letters of approval from the culinary water authority, and the sanitary sewer authority. g) An electronic copy of all application documents in PDF format shall be submitted through the Towns online application service. Additionally a printed copy of the plat shall be submitted to the Planning and Zoning Committee. h) Payment of any preliminary-application fees required by the Town. The applicant shall pay nonrefundable fees as required by the Town of Dutch John General Provision Fee Resolution for each step of the development process. The applicant shall also be liable to the Town for any reasonable cost incurred from engineering, legal, or consulting assistance in reviewing and approving the application. i) The Planning and Zoning Commission may require, and the applicant shall provide, additional information beyond the requirements of this Subsection or those published by the Town relating to an applicant’s plans to ensure compliance with Town ordinances and approved standards and specifications for construction of public improvements and to protect the health and safety of Town residents. 4) Form and Contents of Final Application: To be considered complete, a final subdivision application must include at least the following elements: a) The proper Land Use Authority’s approval of the applicant’s preliminary application, given within the last 180 calendar days. b) A final plat. The final plat should be the version of the preliminary plat approved by the Town during the preliminary application review process, plus any other additions and immaterial changes (e.g., formatting) necessary to comply with the recording requirements of the County Recorder’s Office. c) A completion assurance for all public improvements described by the approved improvement plan or required by this Ordinance, or a statement that such improvements will be completed and accepted by the Town before development occurs on the proposed subdivision and before the applicant records the plat, as required by sections 1210, 1211, and 1212. d) Certifications, including: i) A Tax Clearance Certificate from the state indicating that all taxes, interest, and penalties owing on the land have been paid. ii) An affidavit from the applicant certifying that the submitted information is true and accurate. iii) The signature of each owner of record of land described on the plat, signifying their consent to the final subdivision application and their dedication and approval of the final plat. These signatures must be notarized. e) Binding dedication documents, including: i) As applicable, formal, irrevocable offers for dedication to the public of streets, Town uses, utilities, parks, easements, or other spaces. ii) If the plat is to be part of a community association, signed and binding documents conveying to the association all common areas. f) Copies, including: i) One electronic copy of the final plat in .DWG format, with a projection assigned to the file(s) and with the proper metadata that describes what coordinate system/projection the data is assigned to. ii) One printed copy of the final plat. iii)An electronic copy of all application documents in PDF format. iv) One printed copy of each application document. g) Payment of any final-application fees required by the Town. The applicant shall pay nonrefundable fees as required by the Town of Dutch John Consolidated Fee Schedule for each step of the development process. The applicant shall also be liable to the Town for any reasonable cost incurred from engineering, legal, or consulting assistance in reviewing and approving the application. 5) Application Review: The respective Land Use Authorities shall review all subdivision applications in accordance with the requirements of this Subsection before approving or denying those applications. a) For both preliminary and final applications, the review process begins when an applicant submits a complete application. i) The Land Use Authority shall not review an incomplete subdivision application, except to determine whether the application is complete. ii) If the Land Use Authority determines that an application is incomplete, it shall notify the applicant of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until it is complete. b) For both preliminary and final applications, after the applicant submits a complete application, the Land Use Authority shall review and provide feedback to the applicant in a series of “review cycles.” i) A review cycle consists of the following phases: (1)Phase #1: The applicant submits a complete application (or, if after the first cycle, submits a revised version of the complete application). (2)Phase #2: The Land Use Authority reviews the application in detail and assesses whether the application conforms to local ordinances. (3)Phase #3: The Land Use Authority responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant. For any required modification or addition to the application or request for more information, the Land Use Authority shall be specific and include citations to ordinances, standards, or specifications that require the modification or addition and shall provide the applicant with an index of all requested modifications or additions. (4)Phase #4: The applicant revises the application, addressing each comment or requirement the Land Use Authority made. The applicant must submit both revised plans and a written explanation in response to the Town’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. If the applicant fails to respond to a comment made by the Land Use Authority in its review, the review cycle is not complete and will remain open until the applicant addresses all comments. TABLE 1209(5) – REVIEW CYCLES, HEARINGS, AND TIMELINES BY SUBDIVISION USE TYPE Use Type Al Uses Approval Stage Max Review Phases Preliminary Final Max Public Town Turnaround Hearings Deadline** 30 Business Days 30 Business Days TABLE 1209(5) – REVIEW CYCLES, HEARINGS, AND TIMELINES BY SUBDIVISION USE TYPE *Includes single-family homes, duplexes, and townhomes. **Describes the total time (per review cycle) the Town may take to complete both Phase #2 and Phase #3. c) The Land Use Authorities (and other Town representatives or agents) shall adhere to the maximum number of review cycles and the review deadlines described in Table 1209(5), except as described below. If no further revisions are needed, a Land Use Authority may end the review process early and approve or deny the preliminary or final application. i) This provision notwithstanding, for any subdivision application that affects property within an identified geological hazard area, the Town is exempt from limits on the number of permitted review cycles and the Town’s deadlines for reviewing and responding (Phases #2 and #3). ii) If the applicant makes a material change to a preliminary or final application not requested by the Town at any point in the review process, the Land Use Authority may restart the review process, but only with respect to the portion of the application that the material change substantively affects. iii)For both preliminary and final applications, if an applicant takes longer than 40 business days to submit a revised application and respond to the Town’s requests for modifications and additions (Phases #1 and #4), the Town shall have an additional 20 business days to review and respond to the revised application (Phases #2 and #3 of the next review cycle or issuing an approval decision). iv) For both preliminary and final applications, if an applicant takes longer than 365 calendar days to submit a revised application and respond to the Town’s requests for modifications and additions (Phases #1 and #4), the application shall, at the option of the Land Use Authority, expire. If an application expires, the applicant must restart the subdivision application process. v) If the applicant has not submitted a final application within 365 calendar days after the Land Use Authority notifies the applicant that it has approved the related preliminary application, the related preliminary approval shall expire. In this case, the applicant shall not submit a final application until the Land Use Authority has issued a new preliminary application approval. d) When a preliminary or final application’s review period ends, the Land Use Authority shall approve or deny the respective preliminary or final application within 20 business days. i) If the Land Use Authority has not approved or denied the application within 20 business days after the allotted review cycles are complete, the applicant may request a decision. After such a request, the municipality shall, within 10 business days: (1)For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code §10-20-806 to review and approve or deny the revised set of plans; or (2)For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the designated Appeal Authority. e) After the Land Use Authority provides comments in the last allotted review cycle for an application, the Town shall not require further modifications or corrections to the application unless those modifications or corrections are necessary to protect public health and safety or to enforce state or federal law or unless the review cycle reset due to the applicant making a material change that the Land Use Authority did not request. i) With the exception of modifications or corrections that are needed to protect public health and safety, that are needed to enforce state or federal law, or that arise from the review cycle being reset, the municipality waives noncompliant subdivision-related requirements that the Land Use Authority does not identify during the review process. ii) The applicant shall make reasonable changes, unless prohibited otherwise by a contract or deed, to the subdivision application to accommodate the water conveyance facility to the extent required by Utah Code §73-1-15.5. f) The Town may conduct one or more public hearings (up to the number described in Table 1209(5)) during the review period for a preliminary subdivision application. i) The purpose of these public hearings is to ask questions of the applicant and receive commentary on the technical aspects of the application from affected entities, interested parties, and the public. ii) If the Town elects to hold a public hearing, the hearing must occur before the end of the Land Use Authority’s preliminary review period (end of Phase #3 of the last preliminary review cycle). Scheduling issues shall not extend the review and approval deadlines in this Chapter. iii)The Town shall not hold a public hearing during the review period for a final subdivision application. 6) Application Approval and Post-Approval Actions: a) The respective Land Use Authorities shall approve any complete preliminary and final applications made under this Chapter that comply with applicable Town ordinances. b) The Land Use Authorities shall issue all approvals in writing and shall certify the approved final plat, either by signing the plat directly or by attaching a signed certification to the plat. c) The applicant shall record the approved final plat with the Daggett County Recorder’s Office within 180 calendar days after the Town approves the final application, provided that the applicant has completed any improvements or posted any performance guarantee required by Town ordinances or described in the approved improvement plan. The applicant shall not record the approved final plat until such improvements are completed or guaranteed in compliance with Town ordinances and the approved improvement plan. i) An approved final plat not properly recorded within the timeline specified in this provision is void, unless the Planning and Zoning Commission approves an extension. ii) Following the recording, a stamped/recorded complete copy shall be delivered to the Zoning Administrator. d) In accordance with Utah State code, required data will be submitted to the Utah Geospatial Resource Center (so the subdivision can be included in the 911 database), within 30 calendar days after approving a final application, either: i) An electronic copy of the approved final plat; or ii) Preliminary geospatial data that depict any new streets and situs addresses proposed for construction within the bounds of the approved final plat. 7) Constructing Improvements: a) Subdivision approval under this Chapter does not grant the applicant a building permit or a certificate of occupancy. b) Construction of buildings shall not begin until the developer obtains a building permit from the Town and until after the final plat has been approved and recorded with the County Recorder and all public improvements have been guaranteed. c) The Building Official shall ensure that the development of a subdivision is in compliance with the approved improvement plan and building permits. 8) Phased Development Approval and Expiration: Each individual phase of a phased subdivision development must receive a preliminary and final approval under this Chapter.