19.12.03 Subdivision Process and Approval Procedure

1. Processing of Development Plans. All subdivisions are subject to the provisions of Chapter 19.13, Development Review Processes. In addition, all residential and non-residential subdivisions shall comply with this Chapter. 2. Land Use Authority. See Chapter 19.13.04. 3. Pre-Application Meeting. A pre-application meeting is required for all subdivision applications except residential subdivision plats regulated by Title 19 (excluding plats in the Planned Community, Mixed Residential and Mixed Waterfront zones) for single-family dwellings, two-family dwellings, or townhomes. If a pre-application meeting is requested by an applicant for residential subdivision plats for single-family dwellings, two-family dwellings, or townhomes, the City shall, within 15 business days after the request, schedule a meeting to review the concept plan and give initial feedback. a. At the pre-application meeting, City staff shall provide or have available on the City’s website the following: i. copies of applicable land use regulations; ii. a complete list of standards required for the project; iii. preliminary and final plat application checklists; and iv. feedback on the concept plan. 4. Preliminary Subdivision Plats. All subdivisions must receive a Preliminary Plat approval. Upon receipt of an application for a Preliminary Plat, City staff shall review the application to determine whether the application is complete. If incomplete, the application shall not be accepted by the City and shall be returned to the applicant, along with a written list of the reasons why the application is incomplete. Once an application is deemed to be complete, City Staff shall inform applicant of the complete status and review the proposed Preliminary Plat to determine whether it is in compliance with state law, federal law, and City standards, resolutions, and ordinances. a. City Staff shall complete the initial review of the application, including subdivision improvement plans. For residential subdivision plats regulated by Title 19 (excluding plats in the Planned Community, Mixed Residential and Mixed Waterfront zones) for single-family dwellings, two-family dwellings, or townhomes, the initial review shall be completed no later than 15 business days after the day on which an applicant submits a complete preliminary subdivision plat application, including subdivision improvement plans. b. In reviewing a subdivision application, the City may require additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information. Such a request shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions. c. The City may only require up to four review cycles for a subdivision application, except additional reviews may be required for the review of subdivision applications affecting property within identified geological hazard areas. d. Subject to subsection (4)(d)(i), Unless the change or correction is necessitated by the applicant’s adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipalities subdivision improvement plan review is waived. i. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived. ii. If an applicant makes a material change to a subdivision improvement plan, the City has the discretion to restart the review process at the first review of the subdivision improvement plan review; but, only with respect to the portion of the subdivision improvement plan that the material change substantively affects. e. If an applicant does not submit a revised subdivision improvement plan within 20 business days after the city requires a modification or correction, the city has an additional 20 business days to respond to a revised subdivision improvement plan. f. The Planning Director is specifically charged with ensuring that all such requirements have been resolved before recommending land use authority action. If the Planning Director recommends that a proposed Preliminary Plat be approved, the City Staff shall place it on the agenda of the next available meeting of the appropriate land use authority for that application, as indicated in Section 19.13.04., where the application may be properly considered. g. If the land use authority finds that the preliminary Plat meets state law, federal law, and City standards, resolutions, and ordinances, the land use authority shall approve the Preliminary Plat. If the land use authority finds that the Preliminary Plat does not meet state law, federal law, and City standards, resolutions, and ordinances, the land use authority shall deny the Preliminary Plat. 5. Required Information on Preliminary Plat. An application for a Preliminary Plat shall follow the approved City format and must contain the following information in order to be considered complete: a. Application form, applicant certification, and application fee. b. Preliminary title report. c. Soils report. d. Preliminary Hydraulic and Hydrologic report and storm drainage calculations. e. Wetland delineation when required by City Engineer, Planning Commission, Development Review Committee, or the Army Corp of Engineers. f. Preliminary traffic report. Said report shall comply with the standards outlined in the City’s adopted Transportation Master Plan and shall include the following: i. an analysis of the average daily trips generated by the proposed project; ii. an analysis of the distribution of trips on City street systems; iii. a description of the type of traffic generated; and iv. recommendations on what mitigation measures should be implemented with the project to maintain a level of service for existing and proposed residents that meets the standards of the Transportation Master Plan. g. Evidence of compliance with all applicable federal, state, and local laws and regulations, if requested by City. h. ALTA survey including deeds, easements, trees, utilities, structures, and other existing features and conditions. The boundary survey portion of the ALTA survey shall be filed with the Utah County Surveyor’s Office pursuant to the Utah Code. Proof of filing shall be included with the subdivision application. i. Preliminary Plat: Full-size 24” x 36” copies of the Preliminary Plat at a scale no smaller than 1” = 100’ and 11 x 17 inch reductions as identified on the application form, along with digital copies as outlined below. Additional copies may be required prior to adding the application to the Planning Commission or City Council agenda. Each copy shall conform to the City’s standard plat layout and contain at a minimum the following items: i. General Layout. ii. Name and address of owners of land and name and address of developer if different than owner. iii. Name of land surveyor. iv. The location of the proposed subdivision with respect to surrounding property and streets. v. The name of all adjoining property owners of record, or the names of adjoining developments. vi. The names and location of adjoining streets and all facilities within 100 feet of the platted property. vii. Street and road layout with centerline bearing and distance labels, dimensions, and names of existing and future streets and roads, (with all new names cleared through the City GIS Department). viii. Subdivision name cleared with Utah County. ix. North arrow. x. A tie to a permanent survey monument at a section corner. xi. The boundary lines of the project with bearings and distances and a legal description. xii. Layout and dimensions of proposed lots with lot area in square feet. xiii. Location, dimensions, and labeling of roads, structures, irrigation features, drainage, parks, open space, recreational amenities, and trails. xiv. Location of prominent natural features such as rock outcroppings, woodlands, steep slopes, etc. xv. Proposed road cross sections. xvi. Proposed fencing. xvii. Vicinity map. xviii. Signature blocks for preliminary approval by Planning Commission and City Council. xix. Data Table including: 1. total project area; 2. total number of lots, dwellings, and buildings; 3. where buildings are included, square footage of proposed building footprints and, if multiple stories, square footage by floor; 4. for multi-family developments, the number of proposed garage parking spaces and number of proposed total parking spaces; 5. percentage of buildable land; 6. acreage of sensitive lands and percentage sensitive lands comprise of total project area and open space area; 7. area and percentage of open space or landscaping; 8. area to be dedicated as right-of-way (public and private); 9. net density of dwellings by acre (sensitive lands must be subtracted from base acreage). xx. The Preliminary Plat shall be prepared and stamped by a professional surveyor or engineer licensed in Utah. xxi. Proposed methods for the protection or preservation of sensitive lands. xxii. Location of any flood plains, wetlands, and other sensitive lands. xxiii. Location of 100-year high water marks of all lakes, rivers, and streams. xxiv. Projected Established Grade of all building lots. j. Construction drawings containing, at a minimum, all items specified in the City’s “Standard Technical Specification and Drawings” manual. Applicant shall provide full-size 24” x 36” copies and 11 x 17 inch reductions as required on the application form. Additional copies may be required prior to adding the application to the Planning Commission agenda. k. Landscaping plan drawn by certified landscape architect, including planting plan, data table including vegetation types and percentages, percentage of turf, and other information consistent with the standards and requirements in Section 19.06. l. Phasing plan including a data table with the following information for each phase: i. total area in square feet and acres; ii. number of lots or dwelling units; iii. open space area and percentage; iv. utility phasing plan; v. number of parking spaces; vi. recreational facilities to be provided. m. Lighting plan including photometric information for the site and for immediately adjacent properties, and fixture design, height, and placement consistent with the requirements in Section 19.11. n. File of all plans, documents, and reports in pdf format. o. A copy of the Utah County plat map showing ownership and parcel numbers. p. A document from UDOT Region 3 stating that UDOT has granted approval for all proposed accesses onto any State road. q. Geolocated KMZ file or GIS Shapefile including lot line(s), lot number(s), road centerline(s), building footprint(s) where buildings are proposed, open space, and sensitive lands. 6. Final Plat. Upon approval of a preliminary subdivision plat by the Land Use Authority, as indicated in Section 19.13.04., or concurrently with the preliminary plat, the developer must submit a final subdivision plat application to the City. a. The developer may submit a Final Plat application with the Planning Director at any time after the Preliminary Plat application for a subdivision has been submitted and all applicable fees have been paid so long as any Preliminary Plat approval has not expired; Final Plat approval may not occur until after Preliminary Plat approval but applications may be processed concurrently and considered at the same meeting. b. Upon receipt of an application for a Final Plat, the following process shall be followed: i. City staff shall review the application to determine whether the application is complete. If incomplete, the application shall not be accepted by the City and shall be returned to the applicant, along with a written list of the reasons why the application is deficient. ii. Once an application is deemed to be complete, City Staff shall review the proposed Final Plat and determine whether it is in compliance with the approved Preliminary Plat, other provisions of the City Code, and any modifications, requirements, findings, and conditions made during Preliminary Plat approval. If the proposed Final Plat fails to comply, the Planning Director shall direct the City staff to return it to the developer, along with a written list of deficiencies. The Planning Director is specifically charged with ensuring that all significant conditions required for Final Plat have been resolved before taking action. iii. City staff shall complete a review of each complete application for a Final Plat. The review of a residential subdivision regulated by Title 19 (excluding plats in the Planned Community, Mixed Residential and Mixed Waterfront zones) for single-family dwellings, two-family dwellings or townhomes shall be completed within 20 business days after the day on which an applicant submits a complete application. iv. The following provisions shall apply to reviews of residential subdivision plats regulated by Title 19 (excluding plats in the Planned Community, Mixed Residential and Mixed Waterfront zones) for single-family dwellings, twofamily dwellings, or townhomes: 1. The City may perform up to four review cycles on a given Final Plat application. A review cycle is not considered complete until the applicant has adequately addressed all of the red-lines identified by the City in the current review cycle. After the first review cycle, the City may only add new redlines in response to changes made by the applicant or if a correction is necessary to protect public health or safety, or to enforce state or federal law. 2. If an applicant makes a material change to a plan set, the City has the discretion to restart the review process at the first review of the Final Plat application, but only with respect to the portion of the plan set that the material change substantively effects. 3. If an applicant does not submit a revised plan within 20 business days after the City requires a modification or correction, the City shall have an additional 20 business days to respond to the plans. 4. After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the City’s previous review cycle, the City may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections. 5. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. a. The applicant’s written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. b. If an applicant fails to address a review comment in the response, the review cycle is not complete and the next review cycle shall not begin until all comments are addressed. 6. If, on the fourth or final review, the City fails to respond within 20 business days, the City shall, upon request of the property owner, and within 10 business days after the day on which the request is received: a. for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah State Code § 10-20-911(4)(d) to review and approve or deny the final revised set of plans; or b. 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 City’s Hearing Examiner. v. If the Planning Director finds that the Final Plat, except those plats requiring approval by the City Council, is in its final form and complies with the City Code and with the terms and conditions of the approved Preliminary Plat, they shall authorize the Mayor to sign the proposed Final Plat. If the Planning Director determines that the Final Plat does not comply with the City Code and with the terms and conditions of the approved Preliminary Plat, they shall return the proposed Final Plat to the developer, along with a written list of deficiencies that must be corrected before the Planning Director will authorize the Mayor to sign it. vi. If the Final Plat application, excepting residential subdivision plats regulated by Title 19 (excluding plats in the Planned Community, Mixed Residential, and Mixed Waterfront zones) for single-family dwellings, two-family dwellings, or townhomes, contains requested deviations from the approved Preliminary Plat, the City Staff shall place it on the agenda of the next available City Council meeting where the application may be properly considered. If the City Council finds that the Final Plat and requested deviations are in final form and comply with the City Code and with the terms and conditions of the approved Preliminary Plat, it shall authorize the Mayor to sign the proposed Final Plat. If the City Council determines that the Final Plat and requested deviations do not comply with the City Code and with the terms and conditions of the approved Preliminary Plat, it shall return the proposed Final Plat to the developer, along with a written list of deficiencies that must be corrected before the City Council will authorize the Mayor to sign it. vii. The City Recorder, or designee, shall be responsible for recording subdivision plats. The Developer shall pay for all recording fees at the time of recordation. No Final Plats shall be recorded unless and until the plat is properly approved, signed, and accepted by the City. 7. Final Plat Application Requirements. Applications for Final Plats shall be on an approvedCity form and include the following items in order to be considered complete: a. Application form, applicant certification, and paid application fee. b. Signed easements and agreements with adjacent property owners for necessary offsite facilities. c. Signed and recorded articles of incorporation bylaws, and conditions, covenants, and restrictions of the Home Owners Association, if any. d. Certificate of Existence and Certificate of Good Standing from the State of Utah for the Home Owners Association, if any. e. Final Hydraulic and Hydrologic storm drainage report and calculations f. Final Traffic report. Said report shall comply with the standards outlined in the City’s adopted Transportation Master Plan and shall include, but not be limited to, the following: i. an analysis of the average daily trips generated by the proposed project; ii. an analysis of the distribution of trips on City street systems; iii. a description of the type of traffic generated; and iv. recommendations on what mitigation measures should be implemented with the project to maintain a level of service for existing and proposed residents acceptable to the City. g. Final Subdivision Plat: Full-size 24” x 36” sheets and 11” x 17” copies shall be submitted at a scale no smaller than 1” = 100’ as outlined on the application form, along with digital copies as outlined below. Additional copies may be required prior to adding the application to the Planning Commission or City Council agenda. Each Copy shall conform to the City’s standard plat layout and contain at a minimum the following items: i. Subdivision name and location. ii. Name and address of owners of land and name and address of developer if different than owner. iii. Name of land surveyor. iv. The location of the proposed subdivision with respect to surrounding property and streets. v. The name of all adjoining property owners of record, or the names of adjoining developments. vi. The names and location and ROW widths of adjoining streets and all facilities within 100 feet of the platted property. vii. Subdivision name cleared with Utah County. viii. North arrow. ix. A tie to a permanent survey monument at a section corner. x. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. xxi. xxii. xxiii. xxiv. xxv. xxvi. xxvii. xxviii. The boundary lines of the project with bearings and distances and a legal description with total project area in SF and acres. Layout and dimensions of proposed lots with lot area in square feet and acres. Lot boundaries shall include dimensions and bearings. Building envelopes shall be shown with dimensions and areas on each lot where slopes are greater than ten percent. Lot Numbers Location, dimensions, and labeling of roads, structures, irrigation features, drainage, parks, open space, trails, and recreational amenities. Location of prominent natural features such as rock outcroppings, woodlands, steep slopes, etc. Proposed road ROW widths. Vicinity map. Signature blocks for preliminary approval by Planning Commission and City Council. The Final Plat shall be prepared by a professional engineer licensed in Utah. Proposed methods for the protection or preservation of sensitive lands. Fencing plans. Location of any flood plains, wetlands, and other sensitive lands. Flood plain boundaries as indicated by the Federal Emergency Management Agency as well as the location of 100-year high water marks of all lakes, rivers, and streams. Existing and Proposed easements. Street monument locations. Fire hydrant locations. Street light locations (at intersections and every 300 feet, placed on alternating sides of streets). Lot and road addresses and addresses for each intersection. Road names must meet the requirements of Chapter 19.27 and be approved in writing by the City GIS department before being added to the subdivision plat. Data table including: 1. total project area; 2. total number of lots, dwellings, and buildings; 3. where buildings are included, square footage of proposed building footprints and, if multiple stories, square footage by floor; 4. for multi-family developments, the number of proposed garage parking spaces and the total number of proposed parking spaces; 5. percentage of buildable land; 6. acreage of sensitive lands and what percent sensitive lands comprise of total project area and of open space area; 7. area and percentage of open space or landscaping; 8. area to be dedicated as right-of-way (public and private); 9. net density of dwellings by acre (sensitive lands must be subtracted from base acreage). xxix. Final Established Grade of all building lots. h. Title Report. A title report shall be provided that is current within 30 days of recording the Final Plat. i. Mylar Final Plat: After receiving Final Plat approval from the Planning Director or City Council and in a form approved by the City, a 24” x 36” copy of the Final Plat shall be provided to the City on reproducible Mylar for recording with Utah County. The Mylar Final Plat shall be presented with all owner signatures and appropriate notarizations. As part of the final plat checklist, copies of the courtesy notice as required by Utah Code § 54-3-27 to all public utility companies anticipated to provide service to the subdivision, shall be provided to the City. j. Recordation. The City Recorder, or designee, shall be responsible for recording subdivision plats. The developer shall pay for all recording fees at the time of recordation and shall ensure that all rollback and property taxes on the property are paid in advance prior to recordation. No Final Plat shall be recorded unless and until the plat is properly approved, signed, and accepted by the City.