20.08.03 PROCEDURE FOR OBTAINING APPROVAL OF A SUBDIVISION

1. Vicinity Plan and Pre-application Meetings (Optional). 1. The developer may request a pre-application meeting with the Planning Commission to review any element of a potential application. The Town Clerk shall schedule the meeting within 15 business days after the request. The meeting shall take place at the next regularly scheduled Planning Commission meeting for which appropriate public notice is attainable. 2. If the Developer desires to review a Vicinity Plan at a pre-application meeting, the Developer and shall submit three (3) copies of the same to the Planning Commission and pay the applicable fee. 3. The Vicinity Plan shall show a simple sketch, drawn to scale, of the proposed layout of streets, lots, and other features of the proposed subdivision, in relation to existing and planned streets (planned streets include both those proposed by the Developer as part of the subdivision as well as those proposed by the Town of Genola) within one-fourth mile of the subdivision. The plan shall be prepared on a scale of not smaller than one inch = 500 feet. The plan may be: 1. a pencil sketch or 2. may be made directly on an aerial photograph. 4. If requested, the Planning Commission shall review the Vicinity Plan and shall provide the developer with feedback in preparation for the submission of a preliminary application. 2. Notice to Affected Entities. 1. Within 15 calendar days after receiving a complete subdivision application under this Chapter, the Land Use Authority shall provide written notice of the proposed subdivision to the facility owner of any water conveyance facility located, entirely or partially, within 100 feet of the subdivision plat. 1. To determine whether any water conveyance facility is located within 100 feet of a proposed subdivision, the Land Use Authority shall review information: 1. From the facility owner under Utah Code §10-9a-211, using mapping-grade global positioning satellite units or digitized data from the most recent aerial photo available to the facility owner; 2. From the state engineer's inventory of canals; or 3. From a licensed surveyor who has consulted with a representative of an existing water conveyance facility that services an area near the land the application concerns. 2. To give water conveyance facilities time to provide feedback on subdivision applications, the Land Use Authority shall not approve a subdivision application under this Chapter sooner than 20 days after the developer submits a complete application. This waiting period does not apply to revised applications the developer may submit during the application review process. 1. A water conveyance facility owner's failure to provide comments to the Land Use Authority about a subdivision application does not affect or impair the Land Use Authority’s authority to approve the subdivision application. 2. When applicable, Developers shall make reasonable changes (unless prohibited otherwise by a contract or deed, etc.) to the Developer’s subdivision application to accommodate the water conveyance facility to the extent required by Utah Code §73-1-15.5. 3. Preliminary Application Submission. 1. The Developer shall prepare a preliminary application of the subdivision for review and approval by the Planning Commission. A preliminary application may be presented informally to the Town during a pre-application meeting at the same time as a Vicinity Plan. 2. Where a Developer owns or controls more land than the Developer wishes to develop immediately, the Developer shall prepare a preliminary application that contains all of the land owned, controlled or represented by the Developer that is contiguous to the land being subdivided. The preliminary application shall identify the portion to be developed immediately and the portion to be held for future development. Any portion identified as future development shall not be required to comply with this Ordinance until it is included in an application for development. 3. A preliminary application shall not be considered “complete” until all of the following have been provided to the Town Office: 1. An approved land use application that describes how the property will be used after it is subdivided. 1. If the intended use requires a conditional use permit or is otherwise conditioned on Town approval, the land use application must include an approved, Town-issued permit authorizing the intended use. Should an applicant seek a use permit concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the use permit is issued. 2. 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 the Town must enact a rezoning ordinance 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 the rezoning ordinance is enacted. 2. A preliminary plat. The plat shall include: 1. The proposed name of the subdivision, which must be distinct from any subdivision name on a plat recorded in the County Recorder’s Office. 2. Sufficient information to locate accurately the property shown on the plat. 3. The location of the subdivision as forming a part of a larger tract or parcel where the plan submitted covers only a part of the Developer’s tract. 4. Accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision, properly tied to the public survey monuments. Those lines should be slightly heavier than street and lot lines. 5. The names, widths, lengths, bearings, and curve data of the proposed public streets, alleys, easements; also the boundaries, bearings and dimensions of all portions within the subdivision, as intended to be dedicated to the use of the public; the lines, dimensions, bearings, and numbers of all lots, blocks, and parts reserved for any reason within the subdivision. All lots and blocks are to be numbered consecutively under a definite system approved by the Town Engineer. All proposed streets shall be named or numbered in accordance with and in conformity with the Town’s street naming and numbering system. 6. The boundary lines of the tract to be subdivided, including temporary addresses of each lot. 7. The names and addresses of the Developer(s), the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided. 8. The location, width, and other dimensions of all existing or platted streets and other important features such as water courses; exceptional topography, and buildings within the tract and within two hundred (200) feet of the tract to be subdivided. 9. All existing and proposed water mains, fire hydrants, and services to each lot. 10. All existing and proposed irrigation water infrastructure, including any known and unrecorded water conveyance facility located, entirely or partially, within the plat. 11. All existing and proposed roads within the proposed plat map, including all applicable road signage, with road widths matching the Town’s current proposed road map. 12. All roads within the proposed plat that will be dedicated to the Town, with road widths matching the Town’s current proposed road map. 13. All existing or proposed easements. 14. Existing drainage facilities and the location (both on site and off site), size, and type of proposed drainage facilities, and other proposed improvements such as sidewalks, curbs and gutters, parks, and fire hydrants. 15. Existing sanitary sewers, storm drains, water supply mains, and bridges within the tract, or within two hundred (200) feet thereof. 16. The location, width, and other dimensions of planned streets (planned streets include both those proposed by the developer as part of the subdivision as well as those proposed by the Town of Genola), alleys, easements, parks, and other open spaces, with proper labeling of spaces to be dedicated to the public or to be reserved for common use and benefit of development residents. 17. North Point, scale, and date of preparation. 18. The description and locations of all monuments set and established by the County or the United States Government that are adjacent or near this proposed subdivision. 19. Notice of any restrictive covenants associated with the proposed lots. 20. 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). 21. 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). 22. 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). 23. 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). 24. 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 City ordinances), the notice language found in Utah Code §10-9a-904. 25. Signature blocks for the landowners, all utility providers who will service the subdivision, the Planning Commission, the DRC, the Mayor, and a Notary Public. 26. Note: It is necessary that all dimensions and calculations shall show proper closure in all boundaries of the subdivision, and no plat shall be accepted that shows a plus or minus distance for closure, unless agreed to by the Planning Commission. 3. A map of the area around the proposed subdivision, with contour lines at appropriate intervals. 4. Studies and reports: 1. A traffic study completed by a qualified expert, if the subdivision touches a road managed by the Utah Department of Transportation (such as Highway 6). 2. A water report from a qualified expert, regarding flood risks and stormwater needs. 3. A soils report from a qualified soils engineer, identifying the types of soils within the proposed subdivision area and identifying any soils constraints on the proposed subdivision. 4. Any other study or report reasonably necessary to assess the impact of the proposed subdivision on the Town or to assess compliance with Town ordinances. 5. Certifications: 1. A letter from the Utah County Health Department describing soil conditions and recommended water and wastewater facilities that will be adequate for the proposed development. 2. A Public Land Survey System (PLSS) clearance letter from the Utah County Survey Office (if there are PLSS monuments located on or adjacent to property, a monument excavation permit may be required). 3. An approval letter and notarized plans from the proposed secondary water supplier (if any lot is not serviceable with secondary water by the Highline Canal company or local pond company, see Town specifications for additional requirements regarding secondary water service and/or water dedication). 4. An approval letter from electrical and natural gas suppliers that is consistent with the obligations in Paragraph 6 of Section 20.08.05, indicating that primary and secondary power must be provided to each lot in the subdivision as part of the improvement requirements. 5. Registered Professional Engineer and/or land surveyor’s Certificate of Survey. The surveyor who prepared the plat must hold a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act and must complete the survey of the property described on the plat in accordance with Section 17-23-17 and 10-9a-603 of Utah State Code. 6. An improvement plan, created in accordance with applicable portions of Sections 20.08.04–07 of this Title, for all public improvements proposed by the developer or required by Town ordinances. In addition to the requirements in Sections 20.08.04–07, the improvement plan must contain: 1. An estimate of the cost of completing the required improvements as required to comply with Section 20.08.06. 2. If over 500 feet of culinary water line will be installed, a hydraulic analysis must be approved by the Town Public Works Director. 3. Construction drawings with all contractor information, including but not limited to General Contractors and all Subcontractors working on the project. A contractor form may be obtained from the Town Office. Information that will need to be submitted must include: the contractor’s name, address, phone number, and license number. The Town of Genola may verify license numbers to confirm contractors are in good standing with the State of Utah. 7. Copies: One electronic copy of all plans in PDF format and three printed copies of the application. 8. Payment of all Town fees and costs through the Preliminary Plat Approval, including consultation fees for engineering and legal services. 4. The Planning Commission shall produce, maintain, and make available to the public a list of the specific items that comprise a complete preliminary application and a breakdown of any fees due upon submission or approval of the applications. 5. The Planning Commission or DRC may require, and the applicant shall provide, additional information beyond the requirements of this Section 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. 6. Notwithstanding the above, the Planning Commission may waive specific application requirements on a case-by-case basis and consider an application “complete”, whether during a pre-application meeting, during the application review period, or both. 4. Final Application Submission. 1. After the Planning Commission has approved a Developer’s preliminary application, the Developer shall prepare and submit for approval a final application. This final application shall not be considered complete until the following materials are delivered to the Town Office: 1. Land Use Authority approval of the applicant’s preliminary application, given within the last 180 calendar days. 2. The approved land use application that was accepted during the preliminary application review process. 3. 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. 4. A completion assurance for all public improvements required by the approved improvement plan, OR a statement that such improvements will be completed before development occurs on the proposed subdivision, OR an approval letter from the Town Public Works Director for the installed improvements. 5. Proof of deposit for the required Installation Guarantee, Improvement Warranty, and Road Resurfacing Fee, if applicable. 6. Certifications, including: 1. A Title Report, Abstract of Title, Registered Property Certificate, or Title Insurance Policy for the land to be subdivided verifying property ownership. 2. A Tax Clearance Certificate from the state indicating that all taxes, interest, and penalties owing on the land have been paid. 3. An affidavit from the applicant certifying that the submitted information is true and accurate. 4. The signature of each owner of record of land described on the plat, signifying their consent to the final subdivision application. 7. Binding dedication documents and agreements, including: 1. As applicable, formal, irrevocable offers for dedication by the owners of the land to the Town of streets, Town uses, utilities, parks, easements, or other spaces. 2. If the plat is to be part of a community association, signed and binding documents conveying to the association all common areas. 3. A draft agreement with the Town of Genola regarding permission, terms and conditions for extensions and connections to the Town of Genola’s water system. 8. Copies, including: 1. One electronic copy of the final plat in AutoCAD format (DWG or DXF), Geodatabase format (GDB), or Shapefile format (SHP), with a projection assigned to the file(s) and with the proper metadata that describes what coordinate system/projection the data is assigned to; and 2. A PDF document of the final plat and all other plans and supporting documents. 3. The official, recording-ready copy of the final plat. The final plat shall be prepared on a sheet of approved tracing linen or Mylar to the outside or trim line dimension of twenty-four (24) by thirty-six (36) inches and the border line of the plat shall be drawn in heavy lines, leaving a space of at least one and one-half (1½) inches margin on the left-hand side of the sheet for binding, and not less than one-half (1/2) inch margin in from the outside or trim line around the other three sides or edges of the sheet. The plat shall be so drawn that the top of the sheet either faces North or West, whichever accommodates the drawings best. All lines, dimensions, and marking shall be made with approved waterproof black “India Drawing Ink,” or equivalent. The actual map shall be made on a scale large enough to clearly show all details, and workmanship on finished drawings shall be neat, clean cut, and readable. 9. Fees: Payment of any final-application-processing fees required by the Town, plus the cost of any engineering or legal review required by the application. 2. The Planning Commission shall produce, maintain, and make available to the public a list of the specific items that comprise a complete final application and a breakdown of any fees due upon submission or approval of the applications. 3. The Planning Commission may require, and the applicant shall provide additional information beyond the requirements of this Section 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. 5. Application Review (Preliminary and Final). 1. The Planning Commission shall review all preliminary applications, and the DRC shall review all final applications (each a respective Land Use Authority), in accordance with the requirements of this Section before approving or denying those applications. 2. For both preliminary and final applications, the review process begins when an applicant submits a complete application. 1. The Land Use Authority shall not review an incomplete subdivision application, except to determine whether the application is complete. 2. 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. 3. 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.” 1. 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. In the preliminary phase, the Development Review Committee (DRC), acting as an advisory body and not as the Land Use Authority, shall review the application and provide advisory feedback to the Planning Commission. 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. This written explanation must be comprehensive and specific, including citations to applicable standards and ordinances and an index of requested revisions or additions for each required correction. 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. A diagram of a process AI-generated content may be incorrect. Table 20.08.03 – Review Cycles, Hearings, and Timelines by Subdivision Use Type Use Type Approval Stage Max Review Phases Max Public Hearings Town Turnaround Deadline* All Zones/Uses Preliminary 30 Business Days Final 30 Business Days *Describes the total time (per review cycle) the Town may take to complete both Phase #2 and Phase #3. 4. 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 20.08.03, 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. 1. 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). A diagram of a process AI-generated content may be incorrect. 2. 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. 3. 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). 4. For both preliminary and final applications, if an applicant takes longer than 180 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. 5. If the applicant has not submitted a final application within 180 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. 5. After the Land Use Authority provides comments in the last review cycle for a final 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. 1. 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 Town waives noncompliant subdivision-related requirements that the Land Use Authority does not identify during the review process. 2. 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. 6. The Town may conduct one or more public hearings (up to the number described in Table 20.08.03) during the review period for a preliminary subdivision application. 1. 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. 2. 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. 3. The Town shall not hold a public hearing during the review period for a final application under this Chapter. 7. The Land Use Authorities shall approve or deny preliminary and final applications under this Chapter after reviewing the complete applications as described in this Section. 6. Approval. 1. The Planning Commission and the DRC shall respectively approve any complete preliminary and final applications made under this Chapter that comply with applicable Town ordinances. 2. The Planning Commission and DRC 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. 3. Following final application approval, the Mayor shall sign the final plat and related agreements and dedication documents. Approval of the final plat by the DRC shall not be deemed as the acceptance of the dedication of any street, public way, easement, or ground. Such acceptance shall be obtained by signature of the Mayor. 7. Post Approval Actions. 1. Following final application approval, the applicant shall secure all necessary signatures on the final plat. 2. The applicant shall resubmit the signed and approved final plat to the Town for recording and shall, within 180 calendar days, either: 1. complete any improvements required by Town ordinances or described in the approved improvement plan, or 2. post a performance guarantee for such improvements. 3. The Town shall then record the approved final plat with the County Recorder’s Office, provided that the applicant has completed or guaranteed any improvements required by Town ordinances or described in the approved improvement plan. The Town shall not record the approved final plat until such improvements are completed or guaranteed. 1. If any required improvement is not completed or guaranteed according to this Subsection within 180 calendar days, the approved final plat shall be void, unless the Planning Commission approves an extension. 4. Town staff shall submit, within 30 days after approving a final plat, to the Utah Geospatial Resource Center (so the subdivision can be included in the 911 database) either: 1. an electronic copy of the approved final plat; or 2. preliminary geospatial data that depict any new streets and site addresses proposed for construction within the bounds of the approved plat. 5. Sale of Lots Before Improvements Prohibited. A Developer may not sell any lot in a subdivision until the required improvements are made to such lot, regardless of whether the Developer provides a guarantee for such improvements.