Chapter 11.03 - Exemption to Subdivision Procedures in Chanper 11.02 - Minor and Agricultural Subdiv


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.03 - Exemption to Subdivision Procedures in Chanper 11.02 - Minor and Agricultural Subdiv

Chapter 11.03

Exemption to Subdivision Procedures in Chapter 11.02 - Minor and Agricultural Subdivision Procedures

 

11.03.010        Definitions – Minor and Agricultural Subdivisions

11.03.020        Pre-Application

11.03.030        Conceptual Plan Review – Purpose

11.03.040        Conceptual Plan Application – Requirements

11.03.050        Conceptual Plan Application – Review and Approval

11.03.060        Conceptual Plan Application – Actions Following Review and Approval

11.03.070        Conceptual Plan Application – Not an Application for Minor Subdivision Approval

11.03.080        Final Minor Subdivision Application – Intent and Purpose

11.03.090        Final Minor Subdivision Application – Land Use Authority and Planning Commission Recommendation

11.03.100        Final Minor Subdivision Application – Approval Required Prior to Filing

11.03.200        Final Minor Subdivision Application – Application Requirements

11.03.300        Final Minor Subdivision Application – Engineering and Attorney Review Fees

11.03.400        Final Minor Subdivision Application – Determination of Complete and Incomplete Application, Appeal Process

11.03.500        Final Minor Subdivision Application – Review Procedures

11.03.600        Final Minor Subdivision Application –Restrictions of Solar and Energy Devices

11.03.700        Final Minor Subdivision Application – Effect of Approval and Effective Period

11.03.800        Final Minor Subdivision Application – Site Preparation Work Prohibited

11.03.900        Final Minor Subdivision Application – Appeal Process of Application Decisions

11.03.1000      Vested Rights

11.03.1100      Final Minor Subdivision – Preconstruction Meeting and Construction of Required Improvements

 

 

11.03.010        Definitions – Minor and Agricultural Subdivisions:

 

A Subdivision has been defined in Sections 11.01.060 and 11.02.010. However, there are certain circumstances where a subdivision containing not more than three (3) lots or an agricultural subdivision would qualify for an exemption from those Subdivision Procedures in Chapter 11.02, and the Applicant would fall under the requirements of this Chapter. The definitions of the two qualifying exemptions are as follows:

 

  1. A Minor Subdivision is defined as any subdivision that contains the following:

 

  1. The subdivision does not contain more than three (3) lots.

 

  1. All proposed lots are to be used for residential or agricultural purposes only;          

 

  1. All proposed lots are located on an existing concrete or asphalt public street – not transversed by the mapped lines of a proposed street as shown in the general plan and does not require the dedication of any land for street or other public use;

 

  1. All proposed lots must meet minimum building lot requirements and conform to all applicable ordinances;

 

  1. All proposed lots require direct access to existing municipal facilities and have been approved by the culinary water, secondary (irrigation), field drain district, and sanitary sewer authorities without requiring any easements or extensions of existing utilities;

 

  1. Meets the requirements of Ordinance 2017-001 regarding water transferred to Elwood Town;

 

                        7.         Is located in a properly zoned area; and

 

                        8.         Conforms to all applicable land use ordinances.

 

  1. An Agricultural Subdivision is defined as any subdivision that contains the following:

 

  1. A lot or parcel resulting from a division of agricultural land;

 

  1. Qualifies as land in agricultural use under Section 59-2-502 of the Utah State Code, annotated.

 

  1. Meets the minimum size requirement of applicable land use ordinances; and

 

  1. Is not used and will not be used for any nonagricultural purpose.    

 

11.03.020        Pre-Application:

 

            Contact person is the Zoning Administrator.

 

Property owner or their designated representative (hereinafter “Applicant”) meets with Zoning Administrator to:

 

  1. Discuss the procedure for approval of a subdivision;

 

  1. Discuss requirements for a subdivision and review application requirements (application may be obtained from Elwood Town Office or Zoning Administrator); and

 

  1. Discuss the requirements for a conceptual plan drawing (can be 8.5” x 11” – for pre-application only; under Section 11.03.040(B) the requirement for a Conceptual Plan is 11” x 17”) ) to include the following: frontage for each lot, dimensions and area of each lot, existing buildings, easements, field drains, rights of way, location of utilities, and proposed use of each lot.

 

  1. The Zoning Administrator determines whether the proposed subdivision meets the requirements for a Minor Subdivision.

 

  1. If a proposed subdivision meets the requirements for a Minor Subdivision, the Applicant shall follow the requirements for this Chapter 11.03.

 

  1. If a proposed subdivision does not meet the requirements for a Minor Subdivision, the Applicant shall follow the requirements for Chapter 11.02, Subdivision Procedures.

 

  1. According to Section 10-9a-605 of the Utah State Code Annotated, if a proposed Subdivision is determined to be an Agricultural Subdivision, then the Applicant is exempt from the plat requirements of Section 10-9a-603 of the Utah State Code Annotated and of this Chapter and Chapter 11.02.

 

  1. An Agricultural Subdivision requires the boundaries of each lot or parcel exempted shall be graphically illustrated on a record of survey map that, after receiving the same approvals as are required for a plat under Section 10-9a-604 of the Utah State Code Annotated, shall be recorded with the Box Elder County Recorder.

 

  1. If one of the parcels of an Agricultural Subdivision contains a residential home, then the Applicant is required to provide to the Zoning Administrator and Town a survey with metes and bounds to establish the corners of that residential lot; and this shall be recorded with the Box Elder County Recorder after review and approval by the Town Engineer and approval by the Zoning Administrator.

 

  1. If a lot or parcel exempted under the Agricultural Subdivision section is ever used for a nonagricultural purpose, then the Town requires the lot or parcel to comply with all of the requirements of Chapter 11.02, which conforms to Section 10-9a-603 of the Utah State Code Annotated.        

 

 

11.03.030        Conceptual Plan Review – Purpose:

 

A property owner proposing to create a minor subdivision on any lands located within the municipal boundaries of the Town shall schedule a Conceptual Plan Review with the Zoning Administrator. The purposes of the Conceptual Plan Review are to promote an understanding of the Town’s requirements for subdivisions and to obtain application processing and review information. The Conceptual Plan Review shall also be an opportunity for the property owner to receive information on application procedures and requirements, and to ask questions related to the proposed subdivision.

 

11.03.040        Conceptual Plan Application – Requirements:

 

            A Conceptual Plan Application is required for a Conceptual Plan Review, but no application fee is required. However, an engineer review fee is required for the Town Engineer to review the Conceptual Plan. The Conceptual Plan Application is a discussion document, designed to allow the identification of application processing and review procedures, requirements and standards, and other items that may be considered in the application review once a complete Final Minor Subdivision Application is received. To achieve these objectives, a Conceptual Plan Application shall provide the following information for discussion at the Conceptual Plan Review:

 

  1.       A conceptual layout of the proposed subdivision for the entire parcel area of the purposed subdivision site (hereinafter “Subject Property”). When Subject Property is greater than three (3) acres, then the Conceptual Plan must include a development plan for the entire Subject Property. The Conceptual Plan must include all proposed lots meeting the minimum development standards, including lot area, lot frontage, lot width, and yard requirements, as required by the Zoning District in which the Subject Property is located. The conceptual layout shall also identify the proposed layout of all proposed rights-of-way widths for future access to interior properties, easements, field drain lines, other utility locations, and adjoining properties, as required by the Zoning District in which the Subject Property is located. A civil engineer may be needed to meet this requirement.

 

  1.        A minimum of four (4) copies of the proposed subdivision’s conceptual layout in an 11 inch x 17 inch size. The Town Recorder shall file one (1) copy and distribute one (1) copy to Town Engineer, one (1) copy to the Zoning Administrator, and one (1) copy to the Planning Commission Chairperson.

 

11.03.050        Conceptual Plan Application - Review and Approval:

 

  1. The Zoning Administrator shall review the Conceptual Plan Application and will make recommendations to the Applicant as to changes or additions or shall approve the Conceptual Plan Application.

 

  1. The Zoning Administrator shall submit the Conceptual Plan Application to the Town Engineer to assess infrastructure needs prior to approval or denial of the Application.

 

  1. The Town Engineer shall have seventeen (17) days to review the Application.

 

  1. Once the Town Engineer has reviewed the Conceptual Plan Application and assessed the infrastructure needs of the Subject Property, the Zoning Administrator may approve or deny the Application.

 

  1. The signature and date of Zoning Administrator’s approval on Conceptual Plan drawing is required for the Application to proceed to a Final Minor Subdivision Application.

 

 

11.03.060        Conceptual Plan Application - Actions Following a Review and Approval:

 

Following the Conceptual Plan Review and approval by the Zoning Administrator, a Final Minor Subdivision Application may be filed by the Applicant with the Town Recorder.

 

11.03.070        Conceptual Plan – Not an Application for Minor Subdivision Approval:

 

            A Conceptual Plan Application does not constitute a Land Use Application for any approval or permit and is not binding on the Town or the Applicant. No Conceptual Plan Review discussion should be considered by the Applicant as any indication of a Land Use Application approval or permit, or disapproval, either actual or implied. An applicant’s rights have not vested in the subdivision process until the filing of a complete Final Minor Subdivision Application.

 

11.03.080        Final Minor Subdivision Application - Intent and Purpose:

 

  1. It is the intent of this Ordinance that a decision related to a Final Minor Subdivision Application decision be an administrative action by the Town Council for Final Minor Subdivision Applications, acting as the Land Use Authority. A decision by the Town Council related to a Final Minor Subdivision Application shall be accompanied by findings of facts, following the receipt of Planning Commission recommendations.

 

  1. For the purposes of this Ordinance, the procedures and requirements for the consideration of a Final Minor Subdivision Application are provided to promote the full consideration of all items related to the proposed subdivision. The Zoning Administrator and Planning Commission shall identify and address all items applicable to a Final Minor Subdivision Application prior to providing a recommendation to the Town Council.

 

  1. The Town Council shall identify and address all items applicable to a Final Minor Subdivision Application prior to approving, approving with requirements, or denying the Final Minor Subdivision Application.

 

11.03.090        Final Minor Subdivision Application - Land Use Authority and Planning Commission Recommendation:

 

            A.        The Town Council is hereby identified as the Land Use Authority for Final Minor Subdivision Applications.

 

            B.        Prior to the Town Council considering a Final Minor Subdivision Application, the Planning Commission shall transmit recommendations to the Town Council for consideration.

 

11.03.100        Final Minor Subdivision - Approval Required Prior to Filing:

 

            As a condition precedent to the filing of a Final Minor Subdivision Application with the Town Recorder, a Conceptual Plan Application for the Subject Property, with or without requirements, shall have been approved by the Zoning Administrator.

 

11.03.200        Final Minor Subdivision Application - Application Requirements:

 

            All Final Minor Subdivision Applications, filed with the Town Recorder, shall provide the following information and documents in order for the Application to be determined complete by the Town:

 

            A.        Application Form. A Final Minor Subdivision Application Form, completed and signed by the owner(s) of the Subject Property, or authorized agent of the owner(s). If the Application Form is signed by an authorized agent of the owner(s), the Application Form shall be accompanied by an affidavit signed and notarized by the owner(s) and agent identifying the agent as being duly authorized to represent the owner(s) in all matters related to the Final Minor Subdivision Application. All persons with a fee interest in the Subject Property shall be required to join in and sign the Final Minor Subdivision Application.

 

            B.        Final Minor Subdivision Application Fees. The Final Minor Subdivision Application shall include the payment of all Final Minor Subdivision Application fees and Review fees, as established by the Town Council, and any total amount, or deposit amount, required to provide the services of the Town Engineer, if required, for easements or infrastructure improvements.

 

            C.        Legal Description. A complete and accurate legal description for the entire Subject Property.

 

            D.        Final Minor Subdivision Plat.

 

  1.         A Final Minor Subdivision Plat shall be prepared by a licensed land surveyor drawn at a scale of not less than one inch equals one hundred feet (1" = 100'), or as recommended by the Town, and in a form acceptable to the Box Elder County Recorder for recordation.

 

  1.         The Final Minor Subdivision Plat and Final Subdivision Plan shall be printed and a minimum of twelve (12) 11 inch x 17 inch size and two (2) 24 inch x 36 inch paper copies shall be provided and accompany the Final Minor Subdivision Application.

 

  1.         The Final Minor Subdivision Plat shall be printed on Mylar and all sheets shall be numbered. All required certificates shall appear on a single sheet (along with the index and vicinity maps). One (1) original Mylar copy of the Final Minor Subdivision Plat and two (2) original Mylar copies of the Final Subdivision Plan and profiles shall be included with the Final Minor Subdivision Application.

 

  1.         A digital copy of the Final Minor Subdivision Plat, profiles and construction drawings, in a format acceptable to the Town’s standards shall also be provided with the Final Minor Subdivision Application.

 

  1.         The Final Minor Subdivision Plat shall contain the same information as required by a Subdivision Final Plat under Section11.02.1200, and shall include any revisions or additions, as required by the Town Council, as part of the Final Minor Subdivision Application approval, as applicable. In addition, the Final Minor Subdivision Plat shall include all of the following:

 

            a.         A vicinity map, at a minimum scale of one (1) inch = one thousand (1,000) feet, clearly identifying the boundaries of the entire Subject Property, property accesses, adjoining subdivision outlines and names, as applicable, and relevant features located within one-half (½) mile of the boundary of the Subject Property. The location of the Subject Property with respect to surrounding property and roads and streets, and the names of all adjoining property owners of record shall be shown;

 

  1.        Sequentially numbered development phases of the subject property, phase boundaries, and future roads in future development phases;

 

  1.         The basis of bearings used, graphic and written scale, true north point, township, range, section, quarter section, block, lot number, and total area of the Subject Property;

 

  1.         All existing and proposed road and street names;

 

  1.         The boundaries, course, and dimensions of all lots and parcels created, by their boundaries, course, and extent, whether the owner proposes that any lot or parcel is intended to be used as a road or street or for any other public use and whether any such area is reserved or proposed for dedication for a public purpose;

 

  1.          The location of any common space or open space areas, including the location of all property proposed to be set aside for public or private reservation, with the designation of the purpose of such set asides, and conditions, if any, of the dedication or reservation;

 

  1.         The lot or unit reference, block or building reference, road, street or site address, the road and street name or coordinate address, acreage or square footage for all parcels, units, lots, or blocks proposed to be created. All parcels, units, lots, or blocks created shall be numbered consecutively;

 

  1.         All existing and proposed rights-of-way and easement grants of record for underground facilities, as defined by Section 54-8a-2 of the Utah Code Annotated, 1953, as amended, and for all other utility facilities, and all proposed road and street rights-of-way and easement grants of record;

 

  1.          Each lot or parcel proposed to be created shall identify the required setback lines identifying the required front, side, and rear yard areas, as required by the Zoning District in which the Subject Property is located; and

 

  1.          A title block, placed on the right side of the Final Minor Subdivision Plat showing:

 

            i.          Proposed name or designation of the subdivision that is distinct from any other subdivision already recorded in the Office of the Box Elder County Recorder.

 

            ii.         Name and address of the owner(s) of record; and

 

            iii.        Date of preparation of the Final Minor Subdivision Plat, and all revision dates, as applicable.

 

k.         Signature blocks for the dated signatures of the Mayor, Planning Commission Chair, Elwood Drainage District, Bear River Health Department, Fire District, Town Engineer, Town Attorney, Culinary Water Authority, and Bear River Canal Company shall also be provided on the plat.

 

                                    l.          The name, address, and license number of the surveyor responsible for preparing the Final Minor Subdivision Plat. The surveyor making the Plat shall certify that the surveyor:

 

                                                i.          Holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;

 

                                                ii.         Has completed a survey of the property described in the Final Minor Subdivision Plat and has verified all measurements; and

 

                                                iii.        Has placed monuments as represented in the Final Minor Subdivision Plat.

 

                                    m.        The owner’s certificate of dedication(s) including the dedication of any public ways or spaces. This certificate shall be signed, dated, and notarized. The owner’s certificate shall include a reference to any covenants that may be declared and blanks where the County Recorder may enter the book and page of their recording.      

 

            E.         Required Subject Property Final Minor Subdivision Improvement Plan. The following information is required on final minor subdivision improvement plans provided on separate engineering plan sheets prepared, stamped, and signed by a registered professional civil engineer licensed in the State of Utah at a maximum true scale of 1-inch = fifty feet as represented on a 24” x 36” plan sheet (1”=40’, 1”=30’, 1”=20’ are acceptable):

 

  1. Existing Conditions

 

            a.         The identification, location, and dimensions of known natural features including, but not limited to: jurisdictional wetlands, as identified by the United States Army Corps of Engineers; areas of slope exceeding five percent (5%) grade; flood plains, flood channels, and drainage ways, identified as required by a Local, State, or Federal Agency, with authority; all water courses; areas where ground water is located within three (3) feet of the ground surface; water bodies; marshy or swampy areas; and any other natural features, as required by the Town Engineer for the Subject Property, including the total area of each natural feature identified.

 

            b.         The location and dimensions of any known man-made features on, or contiguous to the Subject Property including:

 

            i.          Existing parcels and lots;

 

            ii.         All utility easements;

 

            iii.        Railroads;

 

            iv.        Power lines and power poles;

 

            v.         Natural gas lines and system components;

 

            vi.        Telephone and other telecommunication lines and facilities;

 

            vii.       Bridges, culverts, and drainage channels;

 

            viii.      All rights-of-way and easements;

 

            ix.        Field drains and clean-outs;

 

            x.         The location of all wells and springs, if any and well or spring protection areas;

 

            xi.        The location and dimensions of all existing buildings, fence lines and property lines;

 

            xii.       All existing road and street locations and dimensions;

 

            xiii.      The location and size of existing culinary water lines;

 

            xiv.      The location and size of existing sanitary sewer lines;

 

            xv.       The location of all existing secondary water locations;

 

            xvi.      Existing storm drainage and flood control system including pipe sizes, inlets, detention areas, and drainage arrows;

 

            xvii.     The location of all existing fire hydrants, including the sizes of water lines serving all fire hydrants;

 

            xviii.    The location of all existing streetlights identifying the location, type, height, and light output; and

 

            xix.      The location of all existing street trees and other landscape plantings identifying the location and type of all street trees, shrubs and other landscape materials and plantings.

 

  1. Proposed Conditions

 

            All proposed infrastructure shall be designed and built to Elwood Town Public Works Construction Standards and Specifications. The identification of all proposed infrastructure, including connection points to existing features, and infrastructure of proposed changes and additions to natural features including, but not limited to:

            a.         Identification, location, and dimension of any proposed changes to natural features including, but not limited to: jurisdictional wetlands, as identified by the United States Army Corps of Engineers; areas of slope exceeding five percent (5%) grade; flood plains, flood channels, and drainage ways, identified as required by a Local, State, or Federal Agency, with authority; all water courses; areas where ground water is located within three (3) feet of the ground surface; water bodies; marshy or swampy areas; and any other natural features, as required by the Town Engineer for the Subject Property, including the total area of each natural feature identified.

 

            b.         The location and dimensions of any proposed changes to man-made features on or contiguous to the Subject Property, including:

 

            i.          Parcels and lots;

 

            ii.         All utility easements;

 

            iii.        Railroads;

 

            iv.        Power lines and power poles;

 

            v.         Natural gas lines and system components;

 

            vi.        Telephone and other telecommunication lines and facilities;

 

            vii.       Bridges, culverts, and drainage channels;

 

            viii.      All rights-of-way and easements;

 

            ix.        Field drains and clean-outs;

 

            x.         The location of all wells and springs, if any, and well or spring protection areas;

 

            xi.        The location and dimensions of all buildings, fence lines and property lines;

 

            xii.       All road and street locations and dimensions;

 

            xiii.      The location and size of culinary water lines;

 

            xiv.      The location and size of sanitary sewer lines;

 

            xv.       The location of all secondary water locations;

 

                        xvi.      The location and size of storm drainage and flood control system including pipe sizes, inlets, detention areas, and drainage arrows;

 

                        xvii.     The location and size of field drains;

 

                        xviii.    The location of all fire hydrants, including the sizes of water lines serving all fire hydrants;

 

                        xix.      The location of all streetlights identifying the location, type, height, and light output; and

 

                        xx.       The location of all street trees and other landscape plantings identifying the location and type of all street trees, shrubs and other landscape materials and plantings.

 

            F.         Title Report. A Title Report for the entire Subject Property, provided by a Title Company, prepared no more than thirty (30) calendar days prior to the date of filing the Final Minor Subdivision Application with the Town. The Applicant shall also provide a commitment for Title Insurance, assuring that the title insurance will be issued when the subdivision is recorded.

 

            G.        Tax Clearance. A tax clearance from the Box Elder County Treasurer shall be provided as part of the Final Minor Subdivision Application.

 

            H.        Evidence of Availability of Necessary Services. The following information in the form of a Final Minor Subdivision Improvement Plan is required to be presented as part of the Final Minor Subdivision Application, and is deemed necessary to establish the availability of required services to the Subject Property. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Engineer, necessary to review proposed infrastructure systems.

 

            1.         Culinary Water Requirements. The Town Engineer is hereby designated as the Culinary Authority for the Town. The Final Minor Subdivision Improvement Plan shall identify the proposed culinary water layout. The proposed subdivision culinary water system shall make provisions for the continuation of any existing culinary water system infrastructures. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards and Town Engineer, necessary to review the proposed culinary water system and culinary water sources.

 

            2.         Sanitary Sewer Requirements. The Town Engineer is hereby designated as the Sanitary Sewer Authority for the Town. The Final Minor Subdivision Improvement Plan shall identify the proposed sanitary sewer layout. The proposed subdivision sanitary sewer system shall make provision for the continuation of existing sanitary sewer system infrastructure. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards and the Town Engineer, necessary to review the proposed sanitary sewer system.

 

            3.         Subdivision Roads and Streets. The Final Minor Subdivision Improvement Plan shall identify the proposed road and street layout. The proposed subdivision roads and streets shall make provision for the continuation of existing roads and streets. All proposed subdivision road and street systems shall be designed as required by the Town Public Works Standards and Town Engineer. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards and Town Engineer, necessary to review the proposed road and street system and designs.

 

            4.         Storm Drainage and Flood Control Facilities. The Final Minor Subdivision Improvement Plan shall identify the storm drainage and flood control system. The proposed subdivision storm drainage and flood control system shall make provision for the continuation of existing storm drainage and flood control facilities. All subdivision storm drainage and flood control system facilities shall be designed as required by the Town Public Works Standards and Town Engineer. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards and Town Engineer, necessary to review the storm drainage and flood control system designs.

 

            5.         Fire Protection, Suppression, and Access Facilities. The Final Minor Subdivision Improvement Plan shall identify the proposed fire protection, fire suppression, and fire access facilities. The proposed subdivision fire protection, fire suppression, and fire access facilities shall make provision for the continuation of existing facilities. All subdivision fire protection, fire suppression, and fire access facilities shall be designed as required by the Town Public Works Standards, Town Fire Marshall, and Town Engineer. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards, Town Fire Marshall and Town Engineer, necessary to review the proposed fire protection, fire suppression, and fire access facilities.

 

            6.         Electrical Power Facilities. The Final Minor Subdivision Improvement Plan shall identify the proposed electrical power facilities. The proposed subdivision electrical power facilities shall make provision for the continuation of existing facilities. All subdivision electrical power facilities shall be designed as required by Rocky Mountain Power Standards. It shall be the responsibility of the Applicant to provide all information and materials, as required by Rocky Mountain Power, necessary to review the proposed electrical power facilities.

 

            7.         Natural Gas Facilities. The Final Minor Subdivision Improvement Plan shall identify the proposed natural gas facilities. The proposed subdivision natural gas facilities shall make provision for the continuation of existing facilities. All subdivision natural gas facilities shall be designed as required by Dominion Energy Standards. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Dominion Energy, necessary to review the proposed natural gas facilities.

 

            8.         Field Drainage Facilities. The Final Minor Subdivision Improvement Plan shall identify the field drainage system facilities. The proposed subdivision field drainage system shall make provision for the continuation of existing field drainage facilities. All subdivision field drainage system facilities shall be designed as required by the Town Public Works Standards and Town Engineer. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards and Town Engineer, necessary to review the proposed field drainage facilities designs.

 

            9.         Irrigation Ditch Facilities. The Final Subdivision Improvement Plan shall identify the irrigation ditch system facilities. The proposed subdivision irrigation ditch system shall make provision for the continuation of existing irrigation ditch facilities. All subdivision irrigation ditch system facilities shall be designed as required by the Town Public Works Standards and the Town Engineer. It shall be the responsibility of the Applicant to provide all information and materials, as required by the Town Public Works Standards and Town Engineer, necessary to review the proposed irrigation ditch facilities designs.

 

            I.          Geotechnical Report. A Geotechnical Report is only required if it is recommended by the Town Engineer. The Report shall be prepared by a licensed geotechnical engineer and licensed geologist. The Report shall be signed and dated by the preparer and shall also include the qualifications of the preparer. The Geotechnical Report shall provide geologic maps, soil type maps, and tables of soil type interpretations based on the national Cooperative Soils Survey, United States Department of Agriculture, and Natural Resource Conservation Service (NRCS). Other investigation reports regarding the suitability of the subject property for the proposed subdivision shall be provided.

 

  1. Final Grading Plan. For Subject Properties of one (1) acre or larger, a Final Grading Plan shall be provided indicated by solid-line contours, using one (1) foot intervals, imposed on dashed line contours, also using one (1) foot) intervals, of the existing topography for the entire Subject Property.

 

  1. Final Erosion Control Plan. When required by the Town Engineer, a Final Erosion Control Plan for the Subject Property shall be provided and included with the Final Minor Subdivision Application.

 

  1. Final Easement Plan. A Final Easement Plan, identifying the location, size, and use of all existing and proposed easements shall be provided and included with the Final Minor Subdivision Application.

 

  1. Special Service District or Special Service Area. If the Subject Property is located within the boundaries of a Special Service District or a Special Service Area, a written recommendation from the governing board of such District or Area shall be provided with the Final Minor Subdivision Application materials, which recommendation may identify any potential impacts resulting from the proposed subdivision.

 

  1. Covenants, Conditions, and Restrictions. If applicable, one copy of all protective covenants, conditions, and restrictions (CC&R’s); homeowner’s association articles and bylaws; trust agreements signed by all owners and bearing the acknowledgment of a public notary, and/or all other required documents, including those required by the Town Council, governing the future use of property, infrastructure, utility and services systems, re-subdivision, and other provisions required to maintain the integrity of the subdivision shall be provided as part of the Final Minor Subdivision Application.

 

  1. Contiguous Holdings. The Applicant shall provide a disclosure of ownership of all contiguous holdings to the proposed subdivision shall be provided as part of the Final Minor Subdivision Application.

 

  1. Improvement Construction Costs. Estimated construction costs of all proposed, or required infrastructure, utilities, improvements, or services prepared by a licensed civil engineer, and as required by the Town Engineer.

 

  1. Subdivision Improvement Agreement. The Applicant shall enter into a Subdivision Improvement Agreement, as outlined in Chapter 11.12 herein, which shall require the necessary guarantees and securities sufficient to insure the installation and construction of all required subdivision improvements, facilities, services and amenities, as applicable, and as provided by the Town Public Works Standards.

 

  1. Water Shares. The Applicant shall provide a transfer of ownership of Bear River Canal Company shares to the Town, contingent upon the approval of the Final Minor Subdivision Application.

 

  1. Required Local, State, and Federal Permits. When required all necessary approvals, licenses, and permits, as required, shall be provided by such Local, State, and Federal departments and agencies.

           

            T.         Additional Information and Materials. When the Town Staff, Planning Commission, or Council deem necessary, the Applicant may be required to provide other information, materials, letters of feasibility, conduct studies, and provide other evidence indicating the suitability of the Subject Property for the proposed subdivision, including, but not limited to, compliance with the Town’s Transportation Plan(s) including access management plans, adequacy of infrastructure and utilities, public safety and fire protection, ground water protection, plant cover maintenance, geologic or flood hazard, erosion control, wildlife habitat preservation, and any other infrastructure, physical, environmental, or cultural matters.

 

11.03.300        Final Minor Subdivision Application - Engineering and Attorney Review Fees:

 

The Applicant for a Final Minor Subdivision Application approval shall pay all costs incurred by the Town for the provision of Town Engineering and Attorney services, provided by a licensed engineer and attorney selected by the Town Council, and necessary to review the Final Minor Subdivision Application materials for conformity to the requirements of this Ordinance and other applicable Land Use Ordinances and requirements, and accepted civil engineering practice.

 

11.03.400        Final Minor Subdivision Application – Determination of Complete and Incomplete Application, Appeal Process:

 

            A.        Complete Application. Within thirty (30) calendar days of the Final Minor Subdivision Application being filed with the Town Recorder, and prior to the Final Minor Subdivision Application being scheduled with the Planning Commission, the Zoning Administrator and Town Recorder shall determine and find that the Final Minor Subdivision Application is complete and contains all the information and material required for a complete Final Minor Subdivision Application. The Zoning Administrator and Town Recorder shall determine a Final Minor Subdivision Application submitted and complete when the Application and accompanying documents are provided in a form that complies with all the requirements of Section 11.03.200 herein, and all applicable Final Minor Subdivision Application fees have been paid. The Town Recorder shall notify the Applicant, in writing, of the result of such determination including the full payment of fees. The Zoning Administrator shall issue to the Applicant an Affidavit that the subdivision meets the requirements of a subdivision. Following a Determination of a Complete Final Minor Subdivision Application, the Zoning Administrator shall forward the Final Minor Subdivision Application and supporting documents to the Planning Commission to review. The Town Recorder and the Planning Commission Chairman shall schedule the Final Minor Subdivision Application for the next available regularly scheduled Planning Commission meeting to consider the Application.

 

            B.        Incomplete Application. A Final Minor Subdivision Application lacking any of the Final Minor Subdivision Application information and materials, as required, shall be cause for the Town to determine the Final Minor Subdivision Application as Incomplete and shall not be scheduled for a Planning Commission Meeting until the Application is deemed complete. The requirements of Section 11.03.200 shall apply to all Final Minor Subdivision Applications determined to be Incomplete.

 

                        1.         A determination of an Incomplete Final Minor Subdivision Application by the Town shall prohibit the Planning Commission from making any recommendation regarding the Final Minor Subdivision Application to the to Town Council and shall prohibit the Town Council from considering any information or material related to the proposed subdivision.

 

                        2.         Following a determination of an Incomplete Final Minor Subdivision Application by the Zoning Administrator or the Planning Commission, the Town Recorder shall notify the Applicant, in writing, of the information lacking from the Final Minor Subdivision Application. The Town shall allow a minimum of thirty (30) calendar days, from the date of notification of an Incomplete Final Minor Subdivision Application, for the Applicant to provide the required information. If the Final Minor Subdivision Application remains incomplete after a minimum of thirty (30) calendar days from date of notification, the Town shall return the entire Incomplete Final Minor Subdivision Application to the Applicant.

 

  1.       Appeal Process. Any person aggrieved by a decision of the Zoning Administrator and Town Recorder related to a Determination of Application Completeness may appeal the decision to the Planning Commission may appeal the decision to the Town Appeal Authority within ten (10) days of the date of notification of a decision by the Town Council. Any person aggrieved by a decision of the Planning Commission related to a Determination of Application Completeness may appeal the decision to the Town Council within ten (10) days of the date of notification of a decision by the Town Planning Commission. Any person aggrieved by a decision of the Town Council related to a Determination of Application Completeness may appeal the decision to the Town Appeal Authority within ten (10) days of the date of notification a decision by the Town Council. Any person aggrieved by a decision of the Appeal Authority related to a Determination of Application Completeness may appeal the decision to the District Court within thirty (30) days of the date of notification of a decision by the Town Appeal Authority.

 

11.03.500        Final Minor Subdivision Application - Review Procedures:

 

            A.        After the Final Minor Subdivision Application has been determined to be complete by the Town but prior to the Planning Commission meeting to consider the Final Minor Subdivision Application:

 

  1.        The Zoning Administrator, Town Recorder, and Town Engineer shall review the Final Minor Subdivision Application for compliance to all requirements of this Ordinance and other Land Use Ordinances and requirements, as applicable.

 

2.         The results of the Zoning Administrator, Town Recorder, and Town Engineer review, including all review comments and any recommendations, shall be provided to the Planning Commission for consideration.

           

  1. Zoning Administrator and Planning Commission Comments, Necessary Approvals and Recommendations. Any Planning Commission Meeting recommendations and comments, Town Engineer recommendations and comments, Zoning Administrator comments, and any other necessary approvals related to a Final Minor Subdivision Application shall be provided to the Town Council for consideration and shall also be provided to the Applicant, a minimum of three (3) business days, before any public meeting at which the Final Minor Subdivision Application is considered by the Town Council.       

 

  1. Town Council Review.

 

1.        Following the receipt of all review comments and recommendations, including the recommendations of the Planning Commission and Town Engineer, the Town Council shall consider the Final Minor Subdivision Application at a regularly scheduled Town Council Meeting.       

 

                        2.         The Town Council may:

 

                                    a.        Approve the Final Minor Subdivision Application, as presented;

 

                                    b.         Approve the Final Minor Subdivision Application with requirements and/or conditions; or

 

                                    c.         Deny the Final Minor Subdivision Application with findings of compliance or non-compliance with this Ordinance, and other Land Use Ordinances and requirements, as applicable.

 

                        3.         The Town Council may require onsite and offsite improvements, facilities, services, and amenities, which are provided one hundred percent (100%) by the Applicant for Final Minor Subdivision Application approval. Such improvements, facilities, services, and amenities being determined consistent with the requirements of Section 11.01.140 herein, including but not limited to:

 

            a.         Road and street improvements, including layout, design, grading and surfacing.

                       

            b.         Flood control facilities.

 

            c.         Culinary Water facilities.

                       

            d.         Sanitary Sewer facilities.

                       

            e.         Storm Drainage facilities.

                       

            f.          Field Drain facilities.

                       

            g.         Irrigation facilities.

                       

            h.         Erosion Control facilities.

                       

            i.          Traffic Circulation and Access Management facilities.

                       

            j.          Lot, Parcel and/or Site drainage.

    &