10-1-114 SIMPLE LOT SUBDIVISION REVIEW AND APPROVAL PROCESS

Review and Approval Process. The intent is to provide timely review and approval of all complete applications, as follows: 1. Optional Pre-Application Meeting: An applicant may request to meet with City staff and representatives prior to submittal to review the application and requirements. 2. Preliminary Review: The applicant shall submit the application and all required contents. a. The City will check for completeness. If the application is found to not include all required materials, the application shall be returned to the applicant until all required contents are included. b. Once the application is determined to be complete, the City shall begin an administrative review. 3. Administrative Review: The City will review the application to determine whether it meets all applicable requirements. Fundamental questions include: a. Have all required conditions been met and are all submittal contents included and accurate? b. Does the application meet all requirements of this code? Common review items include lot size and width, minimum required frontage along a public street, utility connections, and public right of way improvements. c. Are any lots located in a hazard area (such as a FEMA flood plain), and if so, do the lots meet the applicable requirements of the jurisdiction regulating the hazard? d. If each of the requirements are met, the project shall be forwarded to the Planning Commission for recommendation of approval or denial by the Administrative Land Use Authority. 4. Planning Commission Review: a. Public hearing: The Planning Commission shall hold a public hearing. A public notice shall be sent to all properties within 300 feet of the property, notifying the property owners of the time and place of the public hearing and the nature of the request. b. Decision: If the proposed simple lot subdivision meets all requirements, the Planning Commission shall recommend approval of the application to the Administrative Land Use Authority. If the applicant is unable or unwilling to meet all applicable requirements, the Planning Commission shall recommend denial of the application to the Administrative Land Use Authority. 5. Final Plat Approval and Recordation a. Ready for Final Approval: Once all reviewing City staff have found the Final Plat to be in conformity, the plat will be submitted to the Administrative Land use Authority for approval. b. Land Use Authority: For Final Plat approval, the Administrative Land Use Authority shall be a board or individual appointed by the City. The Administrative Land Use Authority may not be the City Council or Planning Commission and no public hearing shall be held. c. Approval: The Administrative Land Use Authority shall approve the Final Plat if it finds: i The proposed plat complies with the requirements of City Code, Utah State Code, and all other applicable policies and regulations, ii The plat has been approved by all regulatory bodies, such as a culinary water authority, sanitary sewer authority, or County Health Department, as applicable, d. Denial: The Administrative Land Use Authority may deny or remand the proposed Final Plat if: i the applicant has not provided a complete, accurate, and satisfactory response to all comments during review and any other point of noncompliance with applicable regulations. ii The applicant is unwilling to make required corrections or provide required information. 6. Appeal: Any appeal shall be consistent with the provisions of Utah Code 10-9a604.2. 7. Signing the Plat: If approved, each owner of record of land within the approved subdivision, the Planning Commission Chair, Mayor, and City Engineer shall sign the Final Plat. Utility providers shall be given the opportunity to sign the plat, but are not required to do so. 8. Subdivider Posts Performance Guarantee: Upon approval by the Administrative Land Use Authority, the subdivider shall proceed to post or make arrangements suitable to the City for posting a bond or other financial assurance guaranteeing construction of the required improvements. Said performance guarantee shall be in conformance with the provisions of Fountain Green City Code. a. All inspection, testing and/or connection fees required by ordinance shall be paid and permits required shall be obtained prior to the recording of the Final Plat. 9. Correcting mistakes at Recordation: The City Engineer may approve minor modifications to approved Final Plats before the Final Plat is recorded if the Engineer finds the proposed modifications are in line with the intent of the approval and do not jeopardize the interest of the City or adjoining property owners. a. The types of minor amendments contemplated in this section include legal description mistakes, surveyor errors—such as tie in description mistakes, typos, and items agreed to that should have been included in writing on the Final Plat. Any substantive change requires reapproval. 10. Recording the Record of Survey. a. After the Administrative Land Use Authority has approved the simple lot subdivision request, the City shall create a written certificate of approval to accompany the record of survey. At a minimum, the document shall be notarized by the City Recorder, specify the name of the subdivision if applicable, the number of lots, and the date of City approval. b. The applicant shall provide a check sufficient to cover the recording fees. c. Within one (1) year of approval, the Record of Survey, with the accompanying written certificate of approval, shall be recorded in the Office of the Sanpete County Recorder. 11. Expiration. a. Expiration of Application: If a record of survey application is not completed within one (1) years of submittal, the application is deemed to have lapsed and the applicant will need to submit a new application. b. Expiration of Final Approval: If a record of survey is not filed within one (1) year from the date of approval, the approval is deemed to have lapsed and the applicant will need to obtain a new approval and meet any new regulations that may have been put in place.