10-8-4 MAJOR SUBDIVISIONS

1. Application: A major subdivision is a division of land into five or more lots. A major subdivision of more than 10 lots shall be phased for development. Infrastructure and public facilities shall be dedicated as a part of the subdivision process. 2. Approval process: A major subdivision shall be processed in three stages: a. the concept stage, which will go to a Planning Commission public hearing where the Planning Commission shall take public comment, discuss and review the application and then make a recommendation on the application. The application shall then be forwarded to the City Council, which will consider the concept application after conducting a public hearing; b. the preliminary plat, infrastructure and design drawings, after which the application will be placed on the Planning Commission public meeting agenda for a decision to approve or deny. The Planning Commission shall also conduct a public hearing regarding a preliminary plat for a multiple unit residential, commercial or industrial development prior to approving the same. c. the final plat, which will be placed on the Planning Commission public meeting agenda where it shall make a recommendation to the City Council. Should the Planning Commission’s decision be to recommend approval of the plat, the chair then shall sign the plat. d. The City Council shall review the plat at a public meeting where it can approve or deny the plat. If approved, the plat shall be recorded within ninety days or it shall be void. (Ref UCA §10-9a-103,10-9a-207, 10-9a-603, 10-9a-604) 3. Phase development: a. The preliminary and final platting of subdivisions containing more than 10 lots shall be done in phases, except as provided in Subsection (3). Development shall be performed so that the phases will be contiguous and the required improvements will be continuous. b. When off-site improvements are complete and approved by the City Engineer, and the lots are 70 percent sold, the subdivider may submit the next phase for final plat approval. c. A preliminary and final plat including more than 10 lots will be accepted only upon the submission of evidence indicating that the market absorption rate is such, and the financial ability of the subdivider is such that the off-site improvements for all lots in the final plat will be completed within two years. d. Where it is prudent to engineer road or utility lines that extend into the next phase, such work may be done if shown in the prior phase. 4. Concept plan application: a. The application for concept plan approval of a major subdivision shall be submitted to the City. When staff determines that the application is complete, the application shall be placed on the Planning Commission agenda for a public hearing and for consideration. A concept plan application shall include: i. the application form; ii. seven 24” X 36” prints of the concept plan, for distribution to each of the following: A. City B. the public works director or Tooele County Health Department if not connecting to the City’s water and sewer systems; C. Tooele County School District; D. the soil conservation district within which the subdivision is located; E. the City Engineer; and F. the City Fire Department. iii. fifteen 11” X 17” copies of the concept plan for distribution to each Planning Commission member; and iv. an additional 11” X 17” copy of the concept plan in each of the following circumstances: A. when a proposed subdivision lies wholly or partially within one mile of the corporate limits of a the City of Wendover, where notice will be given to Tooele County; B. for each servicing utility; and C. for the Utah State Department of Transportation if the property being subdivided abuts a state highway. v. proof of ownership demonstrated by two copies of a title report and vesting documents of conveyance completed within the previous six months; vi. utility approval forms; vii. the proposed source and amounts of water for all lots; viii. names and addresses of the owners of all properties that border the proposed subdivision; ix. approval of the subdivision name from the recorder’s office; x. a plat map from the recorder’s office showing the property and all adjoining properties around it; xi. if the applicant is not the owner of record, a notarized statement that the applicant has been authorized by the owner to make application; xii. a letter from the local fire department acknowledging it can and will provide fire protection to the subdivision; xiii. site analysis map; and xiv. the application fee along with any unpaid fees owed to the City of Wendover for development of land, code enforcement or building permits. b. A development phasing schedule, if applicable, including the sequence for each phase, approximate size in area of each phase, and proposed phasing of construction of all private and public improvements. c. A tax clearance from the Tooele County Assessor indicating that all taxes, interest and penalties owing for the property have been paid; d. A statement identifying the proposed method of bonding for required subdivision improvements, including streets, roads, and related facilities, water distribution system, sewage collection system, flood plain protection, storm drainage facilities and such other necessary facilities as may be required by the City; e. The concept plan approval shall be valid for a period of not more than six months. The applicant or authorized representative may obtain no more than two six-month extensions by petitioning the Planning Commission. The Planning Commission may not grant any extension without substantial progress having been demonstrated by the applicant or authorized representative. 5. Preliminary plat and infrastructure design application: a. Within six months of concept stage approval or within an approved six month extension, a complete application for the design stage of a major subdivision shall be submitted to the City. b. Within 14 days after the applicant or authorized representative submits an application, a pre-design conference shall be set up with the applicant, the City, City public works director, all affected entities, county health department, county recorder, and any other private or public body that has jurisdiction or an interest in providing public or utility services to the subdivision. c. After the pre-design conference, the applicant shall submit to the City all corrected construction drawings, design reports and the preliminary plat. When it is determined that all of the corrections to the preliminary plat, infrastructure design and engineering drawings and if needed a new cost estimate of off-site infrastructure improvements from the predesign meeting are made, and these items are determined to be complete and correct, the submittal will be placed on the Planning Commission public meeting agenda for review unless the proposed development includes a multiple unit residential structure, commercial or industrial development in which case the Planning Commission shall hold a public hearing. After the Planning Commission has reviewed the material and being satisfied with the submittal, it shall place the submittal on a public meeting agenda. d. The design stage must be completed within one year unless an extension of no more than six months is granted by the Planning Commission. e. The preliminary plat and infrastructure design application shall include: i. the application form; ii. Eight 24” X 36” prints of the preliminary plat and infrastructure design and engineering drawings, for distribution to each of the following: A. City B. the public works director or Tooele County Health Department if not connecting to the City’s water and sewer systems; C. Tooele County School District; D. the soil conservation district within which the subdivision is located; E. the Tooele County Recorder; F. the City Engineer; and G. the City Fire Department. iii. Fifteen 11” X 17” copies of the preliminary plat for distribution to each Planning Commission member; iv. an additional 11” X 17” copy of the preliminary plat for each servicing utility; v. a list of off-site improvements and an estimate of the cost to complete such improvements signed and stamped by a licensed engineer; vi. proof of ownership demonstrated by a two copies of a title report and vesting documents of conveyance completed within the previous six months; vii. geologic technical maps and investigation reports regarding area suitability when land configurations dictate lot configuration and buildable space; viii. if the development is not being connected to the City culinary water or sewer system, a letter showing a completed Tooele County Health Department Subdivision Feasibility Study deeming the project feasible; ix. a traffic impact study as required by the Planning Commission or City engineer; x. engineering for the proposed water system and a calculation of all water rights to be provided; and xi. the application fee along with any unpaid fees owed to the City of Wendover for development of land, code enforcement or building permits. xii. A copy of the State Highway Access permit or railroad crossing permit when a new street will connect to a State highway or will cross a railroad, along with any design requirements as established by the Utah Department of Transportation. xiii. Copies of proposed protective covenants, trust agreement and homeowner’s association articles and bylaws. f. Approval of the design stage shall be valid for not more than one year. The applicant or authorized representative may obtain no more than two six-month extensions by petitioning the Planning Commission. The Planning Commission may not grant any extension without substantial progress having been demonstrated by the applicant or authorized representative. 6. Utility and agency response: Failure of any utility or agency to respond to a requested approval within sixty (60) days shall be deemed an approval by such agency. 7. Final plat stage application: a. The applicant or authorized representative shall submit a final plat and copies of all required material to the City to start the final plat stage. When City determines that the application is complete and all signatures are on the plat, the application shall be placed on the Planning Commission agenda. The final plat shall conform in all major respects to the approved design stage plat. A final plat submittal shall not be accepted more than one year from the date of the design stage approval. b. An application shall include: i. an application form; ii. an original 24” X 36” Mylar of the final plat; iii. cost estimate for construction of infrastructure signed and stamped by a licensed engineer and approved by the City engineer; iv. draft agreement for subdivision improvements including a listing of all subdivision improvements and the estimated cost of each improvement; v. An instrument of permanent protection, such as a conservation easement for the open space; vi. fifteen 11” X 17” copies of the plat for distribution to each Planning Commission member; vii. the application fee along with any unpaid fees owed to The City of Wendover for development of land, code enforcement or building permits. c. All signature blocks except for the Planning Commission’s block shall be signed by the appropriate approving authority before the plat is taken to the business meeting. d. The preliminary plat and construction drawings submitted on two computer disks in a format compatible with AutoCAD version 11 or later. The boundary and ownership lines depicted on the preliminary plat to be submitted with the following layers and names: An abbreviation of the subdivision name to be included in the blank space in the layer name below: Exterior Boundary Lines Sub-__-Bndy Right-of-way Lines Sub-__-Row Lot Lines Sub-__-LL Centerline Roads Sub-__-CL Easement Lines Sub-__-Ease Section Lines Sub-__-Section Ties to Section Corners Sub-__-Section-Tie Street Monuments Sub-__-St-Mon Lot Numbers Sub-__-Lots Street Names Sub-__-Streets; e. Should the Planning Commission’s decision be to recommend approval of the plat, the chair shall sign the plat. f. The City council shall review the plat and may review the financial guarantee for the subdivision improvements at a public meeting where it can approve or deny the plat. If approved, the plat shall be recorded within ninety days or it shall be void. The City council may authorize the Mayor and City staff to review and approve the financial guarantee after approval of the final plat, but prior to the final plat being recorded. (Ref UCA §10-9a-103, 10-9a-207, 10-9a-603, 10-9a-604) 8. Appeals: The applicant or developer that has submitted a subdivision or development to the City under this Chapter, may appeal any decision made by the City or Planning Commission regarding the proposed subdivision to the City council, whose decision shall then be final. Any such decision appealed from shall be presented to the City recorder in writing within 30 days after the entry of the decision appealed from. The City council shall consider the appeal within 60 days of receipt of the written appeal.