Chapter 6 (2025 revision) Chapter 6: Development Standards and Subdivision Regulations (as revised January 2025) (part 2 of 3)

and paid for by the developer. The development’s impact on the Town’s water system, shall be determined by the impact analysis process, as outlined in Chapter 1 of this Code. 6.16.1. Existing System Where a public water main is accessible, the subdivider shall install adequate water facilities (including fire hydrants) subject to the specifications of the State and Town. All water mains shall conform with adopted the Wallsburg Town Construction Standard. Water main extensions and water facilities improvements shall be approved by the Town Engineer only in areas that can be reasonably served. 6.16.2. Guarantees To facilitate the above, the location of all fire hydrants and all water storage and supply improvements shall be shown on the Final Plat or acceptable attached Subdivision Improvement Plans. A qualified estimate, consisting of at least two design and construction bids, of costs whether on or off site shall be included in the performance guarantee to be furnished by the developer. All guarantees shall be in the form described herein. 6.16.3. Ownership of Facilities Prior to approval of the Final Plat, a determination shall be made by the Town about the location and extent of facilities to be maintained by the Town. Private facilities will be required to be so noted on the Final Plat and will be the responsibility of the developer or owners of the development. 6.16.4. Fire Hydrants Fire hydrants shall be required in all subdivisions. Fire hydrants shall be located no more than five hundred (500) feet apart, no home shall be more than two hundred and fifty (250) feet away from a fire hydrant. The locations of fire hydrants shall be approved by the Wasatch Fire District and Town Engineer. In some instances, the Town and may determine that due to wild land fire potential, hydrants will be required to be located no more than three hundred (300) feet apart. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other water supply improvements shall be installed before any final paving of a street shown on the plat. All fire hydrants shall include clean outs. Fire hydrants located on cul-de-sacs shall be installed at the direction of the Wasatch Fire District and Town Engineer. 6.16.5. Proof of Water Rights and Facilities All applicants shall provide proof of the ability to transfer to the Town ownership of enough water as required by the State Engineer. Wet water is defined as water rights in quantity, quality, duration, and availability as determined by the Utah State Engineer sufficient when converted to culinary use to meet with required amount. Availability is defined as the existence of a spring, well or other source proven capable of delivering actual water in the required amounts to the proposed lots. If the applicant proposes to transfer the point of diversion of the water rights in question to one of the Town’s wells or other sources of wet water, the applicant must demonstrate all of the following: 1. That the State Engineer has approved of the change of point of diversion and point of use of the necessary quantity of water to such source; and, 2. That such source has the necessary excess capacity to produce the required quantity of wet water; and 3. That the Town will authorize the allocation of such excess capacity of the water rights in question. If the Town agrees to allocate such excess capacity to the development and the water rights in question, it may establish a fee for such allocation of capacity reasonably related to the probable cost of replacing such capacity at a later date. If the Town accepts a source of wet water which is not part of its current water system, the applicant shall be required to develop and improve such source to the point that it meets all Wasatch County, State of Utah and Federal Government requirements for a public culinary water system and the applicant shall be required to transfer to the Town all such sources, improvements, distribution systems and all necessary land and easements reasonably necessary to connect such source and distribution system to the current Town water system and to vest ownership in the Town of such source, improvements and distribution system and permit ongoing servicing and upgrading of such system. All such procedures and full vesting of ownership of all necessary water rights, improvements and land interests shall be accomplished prior to final plat approval. Proof by the applicant of all of the foregoing shall be provided in legally sufficient form, by documents, opinions or title policies approved by the Town Attorney. Neither final plat approval nor building permit shall issued until all of the above have been accomplished. 6.17. Sewer Facilities The applicant shall install sanitary sewer facilities in manner prescribed by the Town construction standards and specifications. All plans shall be designed in accordance with current Town, State and EPA rules, regulations, and standards. Necessary action shall be taken by the applicant to extend sanitary sewer service for the purpose of providing sewerage facilities to the subdivision. Off-site requirements may be necessary to meet impacts imposed by the development on the Towns Sewer Facilities. The impact analysis required in Chapter 1 of this Code may be necessary for approval of the development by the Town. Sanitary sewerage facilities shall connect with the public sanitary sewer at sizes required by the Town and the Town Engineer. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted in the part of the Town serviced by the sewer system and within one thousand (1000) feet or less of that system as measured from the subdivision property line closest to the system lines. Sanitary sewerage facilities (including the installation of laterals in the right-of-way and dedication of easements) shall be subject to the Town specifications, rules, regulations, and guidelines and this Code. 6.18. Sidewalks, Curbs, Trails, and Paths 6.18.1. Location Sidewalks, if required, shall be included within the dedicated non-pavement right-of-way of all roads unless an alternate location has been specifically approved by the Planning Commission. In many cases pedestrian paths separate from the road right of way may be preferable. Concrete curbs may be required for all roads where sidewalks are required by these regulations and run along roads or where required in the discretion of the Planning Commission. 6.18.2. Improvements Sidewalks shall be constructed of concrete at least three and one half (3 ½) inches thick and wide enough to meet ADA standards and shall be designed to best facilitate their assumed use and serve the public interest and safety. 6.18.3. Trails and Paths Trails, pedestrian paths, and bike paths shall be related appropriately to topography, require a minimum of site disturbance, permit efficient drainage, and provide safe access. Walking and hiking trails, bike paths, and horse trails shall be provided by the developer in accordance with any State, County or local trail plan, and where otherwise necessary as determined by the Planning Commission. Trails should connect traffic generators such as schools, recreation facilities, commercial areas, parks, and other significant natural features. Trails shall be built to Town specifications and easements shall be dedicated for trails. The trails shall be constructed at the time of road construction, unless the Planning Commission determines otherwise, in which case cash deposits shall be required pursuant to this Code for improvements. 6.19. Other Utilities Utility facilities including but not limited to gas, electric power, telephone, and cable TV, shall be located underground in new subdivisions when underground location does not violate safety standards of the particular utility and underground location does not impose any potential additional maintenance burden on Town streets and water/sewer personnel in the opinion of the Town Engineer. Underground service connections for water and sewer shall be installed to the street property line of each platted lot at the expense of the subdivider and shall be marked on the surface, as shall casings or conduits for all other underground utilities as determined by the Town Engineer. 6.19.1. Easements A ten (10) foot utility easement shall be provided on three sides of each lot in the subdivision for both private and municipal utilities. Proper coordination shall be established by the subdivider between the applicable utility companies for the establishment of utility facilities and easements to adjoining properties. Where topographical or other conditions make it impractical to include utilities within these easements, perpetual unobstructed easements at least ten (10) feet in width shall be provided with satisfactory access to the road. All easements shall be indicated on the plat. 6.20. Preservation of Natural Features and Amenities Existing features which add natural value or historical amenities to the community shall be retained. Buildings shall be sited in a manner that preserves significant views. Ridges should be protected from development which would be visible from prominent areas or vantage points, as defined in Chapter 8. Existing natural vegetation should also be retained as much as possible. Vegetation protection will be required during construction so that disturbance is limited. Existing features such as water courses, rivers, irrigation works, wetlands, historic sites, critical meadow lands, important vistas, and other irreplaceable assets shall be preserved in the design of the subdivision. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The Preliminary Plat shall show the general number, size, and location of existing trees and indicate all those marked for retention. Any project falling within the Sensitive Lands Area Overlay Zone may be subject to additional requirements and regulations as outlined in the Sensitive Lands Regulations contained in chapter 8 of this Code. 6.21. Preliminary Plat 6.21.1. General Requirements The Preliminary Plat shall be prepared by a land surveyor or engineer, licensed to practice in the State of Utah, at a scale of not more than one inch equals one hundred (100) feet. The plan may be prepared in ink, or ink and pencil, and the sheets shall be numbered in sequence if more than one sheet is used and shall be of such size as is acceptable for filing in the office of the County Recorder. The applicant shall supply the Town with one electronic copy of the Preliminary Plat in PDF format and five (5) paper copies of the Preliminary Plat. 6.21.2. Preliminary Plat Submittal Requirements The Preliminary Plat shall, at a minimum, show the following: 1. The date of the map, approximate true north point, scale, and name of the subdivision. 2. Contour lines at five (5) foot intervals, unless expressly exempted by the staff 3. The location of property with respect to surrounding property and streets, the names of all adjoining property owners of record or the names of adjoining developments, the names of adjoining streets, and the location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot. 4. The location of existing streets, easements, wetlands, water bodies, rivers, water sources, streams, irrigation systems and other pertinent features such as swamps, buildings, parks, cemeteries, drainage or irrigation ditches, bridges, or other features as determined by the Planning Commission. 5. The location and width of all existing and proposed streets and easements, alleys, trails, and other public ways, and easement and proposed street rights-of-way. 6. The location, dimensions, and areas of all proposed or existing lots complete with utility easements, lot numbers, proposed addresses, square footage of each lot or parcel, and building setback lines. All lots in each block shall be consecutively numbered. Out lots shall be lettered in alphabetical order. 7. The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservations and open space dedications, with designation of the purpose thereof, types, and conditions, if any, of the dedication, preservation or reservation. 8. The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor. 9. Sufficient data acceptable to the Town Engineer to determine readily the location, bearing, and length of all lines which would enable the Engineer to reproduce the lines upon the ground, and the location of all proposed monuments. 10. Names of all new streets. 11. Indication of the use of all lots or parcels whether single-family, two-family, agricultural, commercial, open space as well as all uses other than those specified that are proposed by the subdivider. 12. All information required by the Planning Commission or Town Staff after review of the Concept Plan. 13. Explanation of drainage and site easements, if any. 14. Explanation of reservations and conservation easements, if any. 15. Owners’ dedication and consent to record as required by applicable State law. 16. All utility facilities existing and proposed throughout the subdivision. 17. A plan designating limits of disturbance or building pads, if required, and utilities corridors and connections for each parcel and for subdivision improvements, such as utilities and roads. 18. If the plan does not include all contiguous property of the owner of the subdivision, an indication of future use of the additional property. 19. Indication of the nearest location of all public and private utilities. 20. Indication of all slopes greater than twenty-five (25) percent. 21. A vegetation or revegetation plan if required herein. 22. The location and actual setbacks of existing structures within the preliminary plat boundaries, and a notation as to whether the existing structures will remain or be demolished. 23. On Subdivisions which are contiguous to an agricultural area or preservation area or will contain an agricultural open space or preservation area, a note shall be placed on the plat in conjunction with Wallsburg Town Right to Farm Ordinance, stating such and that agricultural operations work hours begin early and run late and that these operations may contribute to noises and odors objectionable to some residents. 24. The names and addresses of the property owners within three hundred (300 feet as shown on the County Assessor's tax files, together with a stamped, addressed envelope for each such owner. The mailing address information may be shown on a separate current tax map reproduction from the Assessor's Office showing the subdivision imposed thereon. 25. Complete Subdivision Improvement Plans containing the information required in Section 6.21.3 and any other information required by the Planning Commission or Town Staff. 26. A table which details the density calculations for the plat, to include total acreage of plat, total acreage of lots, total acreage of streets, total acreage of open space, etc. and percentages of these items to the total acreage. 27. All information necessary to determine conformance with Wallsburg Town Code. The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause of disapproval of a Preliminary Plat. 6.21.3. Subdivision Improvement Plans Subdivision Improvement Plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one (1) inch equals fifty (50) feet, and map sheets shall be of the same size as the Preliminary Plat. These requirements are the minimum. Other information may be required by the Planning Commission or Town Staff as the need dictates. The following list of features is intended to be as complete as possible. However, the applicant is responsible to include all features required by this Code, the Planning Commission or Town Staff in the Subdivision Improvement Plans whether included in this list or not. Failure to show any feature required by this Code, the Planning Commission or Town Staff may result in denial of the plan. The following features, at a minimum, shall be shown: 1. Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within one hundred (100) feet of the intersection shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets. 2. The Planning Commission may require, upon recommendation by the Town Engineer, where steep slopes exist, that typical cross-sections of all proposed streets be shown. 3. Plans and profiles showing the locations and typical sidewalks, drainage easements, irrigation ditches, servitude's, rights-of-way, manholes, and catch basins; the locations of street trees, street lights, and street signs; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connections and to any existing or proposed utility systems, and exact location, shut off valves and size of all water, gas, or other underground utilities or structures. 4. Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies or impoundment's, streams, and other pertinent features such as swamps, wetlands, buildings, features noted on the Official Zoning Map, at the point of connection to proposed facilities and utilities within the subdivision, and each tree or group of trees to be preserved. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to the Town Engineer's or U.S.G.S. datum plane. If the subdivision borders a lake, river, or stream, the distances and bearings of a meander line established not less than twenty (20) feet back from the ordinary high-water mark of such water ways. 5. Topography at the same scale as the Preliminary Plat with a contour intervals of five (5) feet, referred to sea-level datum. All datum provided shall be latest the applicable U.S. Geodetic Survey datum and should be so noted on the plat. 6. All other specifications, details, and references required by the Design Standards, Construction Specifications, and Standard Drawings, including a site-grading plan for the entire subdivision. 7. Notation of approval by the Owner, Town Engineer and all utility providers. 8. Title, name, address, signature, and seal of the licensed engineer preparing the plans, and date, including revision dates. 9. A limit of disturbance and revegetation plan. 6.21.3.1. Format The Subdivision Improvement Plans shall be prepared on a similar medium and be the same size as the Preliminary Plat. The applicant will provide two (2) copies of the Subdivision Improvement Plans to the Town. The Subdivision Improvement Plans should provide signature blocks for and be signed by the Mayor, Town Engineer, and the applicant’s engineer and surveyor. 6.21.3.2. Submission The Subdivision Improvement Plans shall be submitted as part of the Preliminary Plat application. 6.21.4. Preliminary Plat Review Process Unless otherwise exempted in this Title, any division of land requires completion of a Preliminary Plat and Final Plat. The following outlines the review process for a Preliminary Plat, as intended by Utah State Code 10-9a-604, as amended. If there is any conflict in content or interpretation, Utah State Code shall prevail. 6.21.4.1. If the application requires legislative approvals, such as a zone change, annexation, general plan amendment, right of way or easement vacation, planned development approval, or any other legislative action, the legislative approval shall be completed prior to the submittal of the Preliminary Plat application. 6.21.4.2. The applicant may request a pre-application meeting with a Town representative to discuss the proposal and submittal requirements. If requested, the Town and the applicant shall follow the process outlined in 6.11. 6.21.4.3. The Town shall provide, or have available on the Town website, each of the following: 1. The Preliminary Plat application. 2. The owner’s affidavit. 3. A breakdown of the application fees. 4. A complete list of standards and submittal items required for the project. 6.21.4.4. The application shall submit an application that includes the Preliminary Plat, Subdivision Improvement Plans, and all required documentation and information. 6.21.4.5. The Town checks the submittal for completeness. 1. If the submittal includes all materials, the Town receives the submittal and starts the review cycle. 2. If the submittal is deemed incomplete, the submittal is returned to the applicant. No review shall commence until the Town determines the application is complete. 6.21.4.6. If the location of the proposed subdivision is within one hundred feet (100’) of a Water Conveyance Facility, within twenty (20) calendar days after receipt of the complete application, the Town shall notify in writing the Water Conveyance Facility Owner(s) of the application and request comments related to the following aspects of the Water Conveyance Facility: access, maintenance, protection, safety, and any other related issues. 1. Any Water Conveyance Facility shall have at least twenty (20) days to respond. While the Town may provide comments to the applicant before this twenty (20) day window is complete, the Administrative Land Use Authority shall not grant approval until at least (20) days after the day on which the Town mailed notice to the Water Conveyance Facility. 2. Water Conveyance Facility: Shall mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or stormwater drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. See Utah State Code 73-1-15.5-1b. 6.21.4.7. Within forty (40) business days, the Town shall complete a review of the Preliminary Plat and Subdivision Improvement Plans, except as follows: 1. The review cycle dates restrictions and requirements do not apply to the review of subdivision applications affecting property within identified geological hazard areas. 2. The review cycle number of days only applies to single-family, two-family, and townhome development. It does not apply to other land uses, such as commercial, industrial, or mixed-use. 6.21.4.8. After review, the Town will determine if the completed application meets all requirements or requires corrective actions and shall notify the applicant in a written response: 1. If the Town determines that the application requires corrections, the Town must be specific and cite the ordinance, statute, or specification that requires the modification. Comments shall be logged in an index of requested modifications or additions. The required corrections are sent to the applicant to prepare a resubmittal. 2. The Town may require additional information relating to the applicant’s plans to ensure compliance with the Town’s ordinances and approved standards and specifications for the construction of public improvements. 3. If the application is found to meet all codes, standards, and specifications, it is forwarded to the Administrative Land Use Authority for review and approval. 6.21.4.9. After receiving the list of required modifications or additions, the applicant’s resubmittal shall include a written explanation in response to each of the municipality’s review comments, identifying and explaining the applicant’s revisions or reasons for declining to make revisions. 6.21.4.10. The Town shall review the resubmittal to ensure that the applicant has responded to each item logged in the index of requested modifications or additions. If the response does not address each item, the Town shall return the submittal to the applicant. 1. If the resubmittal is complete, the Town shall accept the application for a second review cycle. The time frame to complete the review depends on how quickly the applicant responded to the corrections in full and whether the applicant made any material changes. a. If the applicant responds within forty (40) business days, the Town has forty (40) business days to complete the second review cycle. b. If the applicant responds after forty (40) business days, the Town has sixty (60) business days to complete the second review cycle. c. If the applicant made a material change that merits a new review, the review shall restart at the first review cycle as it relates to the new material. 2. The review cycle number of days only applies to single-family, two-family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or mixed-use. 6.21.4.11. If the Town neglects to include a required change or correction in the initial review process, the modification or correction can only be imposed on subsequent reviews if necessary to protect public health and safety or to enforce state or federal law. 6.21.4.12. If the Town determines that the resubmittal is complete and meets all codes, standards, and specifications, it shall be forwarded to the Administrative Land Use Authority for review and approval. 1. If the Town finds the resubmittal does not comply with all applicable codes, standards, and specifications, another review letter and index of requested modifications or additions shall be created and sent to the applicant. This shall be provided to the applicant up until the fourth review cycle, at which point the application shall be forwarded to the Administrative Land Use Authority for review with a recommendation that the application does not meet all codes, standards, and specifications. The applicant may appeal this determination as outlined in Utah Code 10-9a-604.2(11), as amended. 6.21.4.13. If, on the fourth and final review, a municipality fails to respond within forty (40) business days, the municipality shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received: 1. For a dispute arising from the Subdivision Improvement Plans, assemble an appeals panel in accordance with 10-9a-508(5)(d) to review and approve or deny the final revised set of plans or 2. For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the application’s deficiency and of the right to appeal the determination to a designated appeal authority. a. The appeal authority for the Preliminary Plat shall be the Town Council. 6.21.5. Preliminary Plat Approval Process After review, the application shall be submitted to the Administrative Land Use Authority for approval. 6.21.5.1. For the Preliminary Plat and Subdivision Improvement Plans, the Administrative Land Use Authority shall be the Planning Commission. 1. Legislative approvals, such as zone changes, overlay zones, general plan amendments, annexations, right-of-way vacations, etc., must be approved by the Town Council prior to the submission of a Preliminary Plat application. 6.21.5.2. The Administrative Land Use Authority shall hold a public hearing and send a public notice to all owners of property within three hundred feet (300’) of the subdivision. 6.21.5.3. If the Administrative Land Use Authority finds that the application complies with the applicable municipal ordinances and the requirements of Utah State Code, it shall approve the Preliminary Plat application. 1. The Administrative Land Use Authority shall remand the application back to the applicant for corrections if it finds: a. The applicant has not completed all requirements as outlined in the review index or b. The application does not address all requirements as outlined in state code, and although the item was not addressed in the first review, the requirement relates directly to public health and safety. 2. The Administrative Land Use Authority shall deny the application if the applicant is unwilling to make the required corrections or provide the required information. 6.21.6. Expiration The application approval shall lapse in instances where a developer abandons or otherwise fails to take timely action to address corrections or complete a project. 6.21.6.1. A Preliminary Plat application expires if it is not approved by the Town within one (1) 6.21.6.2. year from the time the application is submitted and accepted. Approval of the Preliminary Plat by the Administrative Land Use Authority shall be valid for a period of one (1) year after approval. 6.21.7. Zoning Regulations Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any Preliminary Plat which has received approval shall be exempt from any subsequent amendments to this Development Code rendering the plan non- conforming as to bulk or use, provided the final approval is obtained within the one-year period. 6.22. Final Plat 6.22.1. Final Plat Submittal Requirements The Final Plat shall comply in all respects with the Preliminary Plat, as approved. The Final Plat shall, at a minimum, show the following: 1. Required Information: a. The name or designation of the subdivision that is distinct from any plat already recorded in the county recorder’s office, as approved by the town. b. The boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the owner proposes that any parcel of ground is intended to be used as a street or for another public use, and whether any such area is reserved or proposed for dedication for a public purpose. c. The lot or unit reference, block or building reference, street or site address, street name or coordinate address, acreage or square footage of all parcels, units, lots, and the length and width of the blocks and lots intended for sale. d. Every existing right-of-way and easement grant of record. Where the same is granted to a specific entity, that entity must be clearly identified. e. True angles and distances to the nearest established street lines or official monument, which shall be accurately described on the plat and shown by appropriate symbols. f. All street centerline data must be shown, together with its relationship to the property lines, corners, etc. g. The accurate location of all monuments shall be shown on the plat and shall be identified, including all United Stated, state, county, or other official monuments. h. The dedication to the public of all streets and highways included in the proposed subdivision (except approved private streets). i. Street monuments to be installed by the subdivider in accordance with the requirements of the Town standards. Locations of said monuments shall be approved by the Town Engineer and indicated on the subdivider’s plan by appropriate symbols. j. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and any area to be reserved by deed or covenant for common use by all property owners. k. Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement, and maintenance of such streets shall be obtained from the public agency or utility company and entered on the final plat in a form approved by the Town Attorney. l. The parent parcel number, as shown on the records of the county recorder’s office. 2. Required Forms and Certificates: In addition, the Final Plat shall contain the standard forms for the following: a. A registered professional land surveyor’s signed certificate of survey, together with a statement that: i. The surveyor holds a license in accordance with Utah Code Annotated 58-22; Professional Engineers and Professional Land Surveyors Licensing Act. ii. The surveyor has completed a survey of the property described on the plat in accordance with Utah Code Annotated 17-23-12 and has verified all measurements. iii. The surveyor has placed monuments as represented in the plat. b. The owner’s certificate of dedication of all streets, roads, rights-of-way, or other parcels intended for the use and benefit of the general public. c. Mortgagee or other lienholder’s consent to record, if applicable. d. A notary public’s acknowledgment of the signature of the mortgagee or each owner signing the plat. e. Certificate of approval and acceptance by the Town as evidenced by the signature of the Mayor. f. Certificate of approval of the Town Engineer. g. Certificate of approval of the Town Attorney. h. Signature blocks for endorsement by: i. Wasatch Fire District ii. Utility Companies iii. Any applicable Irrigation Company i. A one-and-one-half-inch space in the lower right-hand corner of the drawing for the use of the county recorder. j. Certificate of approval of the county treasurer. k. A note on the plat which states the following: Wallsburg Town restricts the occupancy of buildings within developments as outlined in the International Building Code. Accordingly, it is unlawful to occupy a building located within any development without first having obtained a certificate of occupancy issued by Wallsburg Town. 6.22.2. Final Plat Review Process Within one (1) year of approval of a Preliminary Plat, a Final Plat prepared by a licensed surveyor not employed by the Town shall be submitted in conformance with this Title. If a complete application is not submitted within one (1) year of Preliminary Plat approval, the approval is deemed to have expired. The following outlines the review process, as intended by Utah State Code 10-9a-604, as amended. If there is any conflict in content or interpretation, Utah State Code shall prevail. 6.22.3.1. The Town shall maintain and publish a list of items comprising a complete Final Plat application, including: 1. The application. 2. The owner’s affidavit. 3. An electronic copy of all plans in PDF format. 4. The breakdown of fees due upon approval of the application. 6.22.3.2. The applicant shall submit a complete application, including the Final Plat and all required documentation and information. 6.22.3.3. The town shall check the submittal for completeness. 1. If the submittal includes all required materials, the Town shall receive the submittal and start a review. 2. If the submittal is incomplete, it shall be returned to the applicant. No review of the application shall commence until the Town has determined that the applicant has submitted a complete application. 6.22.3.4. After a determination that the application submittal is complete, the Town shall begin its review. The Town has a thirty (30) business day review window to conduct its review and provide comments on the application. 1. The thirty (30) business day review period applies to single-family, two-family, and townhome developments. 6.22.3.5. If the location of the proposed subdivision is within one hundred feet (100’) of a Water Conveyance Facility, within (20) calendar days after receipt of the completed application, the Town shall notify in writing the Water Conveyance Facility Owner(s) of the application and request comments related to the following aspects of the Water Conveyance Facility: access, maintenance, protection, safety, and any other issues related. 1. Any Water Conveyance Facility shall have at least twenty (20) days to respond. While the Town may provide comments to the applicant before this twenty (20) day window is complete, the Town shall not grant approval until at least twenty (20) days after the day on which the Town mailed notice to the Water Conveyance Facility. 2. Water Conveyance Facility: Shall mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or stormwater drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. See Utah State Code 73-1-15.5-1b. 6.22.3.6. During the review window, the Town Attorney shall review the Final Plat and shall recommend approval if the attorney finds that: 1. There is a current title opinion from a licensed title company showing that the person dedicating the property described on the Final Plat is the title owner, as shown on the records of the County Recorder’s Office. 2. The performance bond, escrow deposit, letter of credit, or trust deed with the Town is in appropriate form and signed by the necessary parties. 3. That the subdivision does not, in the attorney’s opinion, violate any ordinance of the Town, laws of the State of Utah, or rules and regulations promulgated pursuant thereto. 6.22.3.7. Within the review window outlined in subsection 6.22.3.4, the Town shall complete a review of the Final Plat and submittal contents and provide a response to the applicant. The Town shall determine whether the application meets all requirements or requires corrective actions and shall notify the applicant in a written response: 1. If the application is found to require corrections, the Town shall be specific and cite the ordinance, statute, or specification that requires the modification. Comments shall be logged in an index of requested modifications or additions. The required corrections are sent to the applicant to prepare a resubmittal. 2. The town may require additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards. 6.22.4. 3. If the applicant is found to meet all codes, standards, and specifications, the application is forwarded to the Administrative Land Use Authority for review and approval. 6.22.3.8. If corrections are required, the applicant shall provide a resubmittal. The resubmittal shall include a written explanation in response to each of the municipality’s review comments, identifying and explaining the applicant’s revisions or reasons for declining to make a requested revision. 6.22.3.9. The Town shall check the resubmittal to ensure that the applicant has responded to each item logged in the index of requested modifications or additions. If the response does not address each item, the Town shall return the submittal to the applicant. 1. If the resubmittal is complete, the Town shall review the application and provide written comment within the review window as outlined in subsection 6.22.3.4. 2. The review window number of days only applies to single-family, two-family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or mixed-use, nor does it apply to any legislative approval. 6.22.3.10. If the Town determines that the resubmittal is complete and meets all codes, standards, and specifications, it shall be forwarded to the Administrative Land Use Authority for review and approval. 1. If the Town finds the resubmittal does not comply with all applicable codes, standards, and specifications, another review letter and index of requested modifications or additions shall be created and sent to the applicant. This shall be provided to the applicant up until the fourth review cycle, at which point the application shall be forwarded to the Administrative Land Use Authority for review with a recommendation that the application does not meet all codes, standards, and specifications. The applicant may appeal this determination as outlined in Utah State Code 10-9a-604.2(8), as amended. 6.22.3.11. If, on the fourth and final review, the Town fails to respond within forty (40) business days, the Town shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received: 1. The Town shall advise the applicant, in writing, of the application’s deficiency and the right to appeal the determination to a designated appeal authority. a. The appeal authority shall be the Town Council. Final Plat Approval Process After the review cycle process has been completed, the application shall be submitted to the Administrative Land Use Authority for approval. 6.22.4.1. The Administrative Land Use Authority for Final Plat approval shall be as determined by the Town Council and may be a staff member, Town representative, or a board created as a the land use authority. Any individual or board member may not be part of either the Town Council or Planning Commission. (See Utah State Code 10-9a-604.1) 1. No public hearing for the Final Plat approval may be held. 6.22.4.2. The Administrative Land Use Authority shall approve the Final Plat if it finds: 1. The proposed plat complies with the requirements of the Town Code, Utah State Code, and all other applicable policies and regulations. a. The plat has been approved by the culinary water authority. b. The plat has been approved by the sanitary sewer authority. c. If applicable, the health department has approved the plat. 2. The Administrative Land Use Authority may deny or remand the proposed Final Plat if: a. The Administrative Land Use Authority finds the applicant has not provided a complete, accurate, and satisfactory response to all comments during review and any other point of non-compliance with applicable regulations. b. The applicant is unwilling to make the required corrections or provide the required information. c. Any appeal shall be consistent with the provisions of Utah Code 10-9a- 604.2. 6.22.3. Dedications At the time of Final Plat approval, all dedications shall be completed accompanied by all formal irrevocable offers of dedication to the public of all required streets, public uses, utilities, parks, and easements, in a form approved by the Town Attorney. If required by the Town Attorney, the applicant shall deliver a full covenant and warranty deed to all such lands in proper form for recording, together with a title policy for the Town in the sum not less than ten thousand dollars ($10,000.00), which sum shall be determined by the Town Attorney and or Engineer before signing of the Final Plat. 6.22.4. Proof of Utility Service The Final Plat shall be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations, as established by ordinance, and by written assurance from the public utility companies and improvement districts if applicable or extended, that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Planning Commission upon Preliminary Plat approval. 6.22.5. Outstanding Obligations At the time of Final Plat approval, the applicant shall provide evidence that all property taxes are current and that no other debts or obligations are outstanding and no liens are placed on the property. Furthermore all review fees owed to the Town shall be paid in full prior to Final Plat approval. 6.22.6. Vested Rights Vesting for purposes of zoning occurs upon the filing of a complete application as provided in Section 1.20. All requirements, conditions, or regulations adopted by the Planning Commission and Town Board applicable to the subdivision or to all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the Final Plat. 6.22.7. Preparation of Final Plat Mylar Once all requirements have been met, redline corrections made, and the Administrative Land Use Authority has approved the final plat, the applicant shall submit a twenty-four-inch by thirty-six- inch (24”x36”) mylar drawing of the corrected final subdivision plat that meets the requirements of the Office of the County Recorder, with the signatures of the owners and other required signatures. 6.23. Assurance for Completion and Maintenance of Improvements 6.23.1. Completion of Improvements Before an applicant records a plat, the applicant shall complete all required public landscaping improvements and public infrastructure improvements or shall post an improvement completion assurance for the required public landscaping and public infrastructure improvements. 6.23.2. Performance Guarantees The Town shall require the applicant to post an acceptable guarantee at the time of application for Final Plat approval in an amount estimated by the Town Engineer as sufficient to secure to the municipality the satisfactory construction, installation, and dedication of the uncompleted portion of required improvements. The posting of guarantees are in lieu of actual construction and are therefore established for the benefit of and inure to the public at large and as such are not to be used for satisfying contractor or mechanics liens or other unrelated obligations. The performance guarantee shall also secure all lot improvements on the individual lots of the subdivision as may be required. Such performance guarantee shall comply with all statutory requirements and shall be satisfactory to the Town Attorney as to form, sufficiency, and manner of execution as set forth in this Code. The period within which required improvements must be completed shall not exceed one (1) year from the date of final approval. Such guarantee shall be approved by the Town Board with surety and conditions satisfactory to them. The Town may extend the completion date set forth in such guarantee for a maximum period of one additional year. The Town may at any time during the period of such guarantee accept a substitution of principal or sureties. 6.23.3. Temporary Improvements The applicant shall build and pay for all costs of temporary improvements required by the Town and shall maintain them for the period specified. Prior to construction of any temporary facility or improvement, the developer shall file with the Town a separate suitable guarantee, in accordance with this Code, for temporary facilities, which ensures that the temporary facilities will be properly constructed, maintained, and removed. 6.23.4. Costs of Improvements All on site or project specific improvements required to provide adequate public facilities in order to provide service to a subdivision at acceptable level of service standards shall be made by the applicant, at their expense, without reimbursement by the Town or any improvement district therein, and in accordance with related codes, fee schedules, and ordinances. Any system improvements required shall be evaluated on a case-by-case basis in conjunction with the Town’s capital facilities plan and impact fees ordinance to determine which improvements shall be the responsibility of the developer and which shall be paid out of impact fees. 6.24. Inspection of Improvements 6.24.1. General Procedure and Fees The Town Engineer or Building Official shall provide inspection of required improvements during construction and insure their satisfactory completion. These fees shall be due and payable upon demand of the Town and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Town Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the Town's construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance guarantee, the applicant and the issuing company shall be severally and jointly liable for completing the improvements according to specifications. 6.24.2. Release or Reduction of Performance Guarantee Subject to the maintenance provisions contained in this Code, the Town will not accept dedication of required improvements, or release or reduce a performance guarantee, until the Town Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the Town Engineer, through submission of detailed "as-built" survey plats of the subdivision indicating location, dimensions, materials, improvements and other information required by the Administrative Land Use Authority and Town Engineer, that the layout of the line and grade of all public improvements is in accordance with the Town approved Subdivision Improvement Plans for the subdivision. Further, a title insurance policy shall be furnished to the Town Attorney and Town Engineer indicating that the improvements have been completed, are ready for dedication to the local government, and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Town shall thereafter accept the improvements for dedication in