Chapter 11.03 - Preliminary Subdivision Applications


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.03 - Preliminary Subdivision Applications

Chapter 11.03

Preliminary Subdivision Applications 
 

11.03.010 Intent and Purpose: 
 

It is the intent of this Ordinance that a decision related to a Preliminary Subdivision Application be a discretionary action by the Council for Preliminary Subdivision Applications proposing a subdivision, acting as the Land Use Authority. A decision by the Council, as applicable, related to a Preliminary Subdivision Application shall be accompanied by findings of fact, following the receipt of a Commission recommendation, such recommendation also being accompanied by findings of fact. 
 

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

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

11.03.020 Preliminary Subdivision Application – Council identified as Land Use Authorities – Commission Recommendation Required: 
 

  1. The Council for a Preliminary Subdivision Application proposing a subdivision is hereby identified as the Land Use Authorities for Preliminary Subdivision Applications.
 
  1. Prior to the Council considering a Preliminary Subdivision Application, and as required by the Act, the Commission shall conduct a public hearing, complying with the notice requirements of Chapter 11.08 herein. Following the close of the public hearing, the Commission shall transmit a recommendation to the Council, as applicable.
 

11.03.030 Preliminary Subdivision Applications – Application Requirements: 
 

All Preliminary Subdivision Applications, filed in the City, shall provide the following information, necessary for the Planning Commission to determine the Application complete, as required by Section 11.03.05 herein: 
 

  1. Application Form. A Preliminary 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 identifying the agent as being duly authorized to represent the owner(s) in all matters related to the Preliminary Subdivision Application. All persons with a fee interest in the Subject Property shall be required to join in and sign the Preliminary Subdivision Application.
 
  1. Preliminary Subdivision Application Fees. The Preliminary Subdivision Application shall include the payment of all Preliminary Subdivision Application fees and Review fees, as established the Council, and any total amount, or deposit amount, required to provide the services of the Town Engineer, as provided and required by Section 11.03.04 herein.
 
  1. Legal Description. A complete and accurate legal description of the Subject Property.
 
  1. Preliminary Subdivision Plat. A Preliminary Subdivision Plat shall be prepared by a licensed land surveyor, as required by the Act, and drawn at a scale of not less than one inch equals one-hundred feet (1" = 100'), or as recommended by the City Engineer. The Preliminary Subdivision Plat shall be prepared in pen and all sheets shall be numbered. A minimum of twelve (12) 11 inch x 17 inch size and twelve (12) 24 inch x 36 inch size paper copies shall be provided and accompany the Preliminary Subdivision Application Form. A digital copy of the Preliminary Subdivision Plat, in a format acceptable to the Town’s Geographic Information System, standards shall also be provided. The Preliminary Subdivision Plat shall show the following:
 
    1. 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. The basis of bearings used, graphic and written scale, true north point, township, range, section, quarter section, block, and lot number, and total area of the Subject Property.
      2. Proposed road and street layout. All existing and proposed road and street names shall be shown.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. 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.
 
    1. A title block, placed on the right side of the Preliminary Subdivision Plat showing:
 
      1. 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.
      2. Name and address of the owner(s) of record and the name, address and license number of the licensed surveyor responsible for preparing the Preliminary Subdivision Plat.
      3. Date of preparation of the Preliminary Subdivision Plat, and all revision dates, as applicable.
 
  1. Required Subject Property Information. The following information is required and shall be provided on separate sheets at the same scale as the Preliminary Subdivision Plat:
 
    1. The identification 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 way, 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.
    2. All trees over six (6) inches in diameter, measured four (4) feet above the ground. In cases of heavily wooded areas, indication of the outline of the wooded area and location of trees which are to remain.
    3. Existing contours, at intervals of no greater than two (2) feet, overlaid with the proposed subdivision layout. Elevations shall be based on national Geodetic Survey sea level data. In cases of predominately-level topography, one (1) foot interval contours may be required.
    4. The location of any known man-made features on, or contiguous to the Subject Property, including existing parcels and lots, all utility easements, railroads, power lines and power poles, telephone and other telecommunication lines and facilities, bridges, culverts, drainage channels, all rights-of-way and easements, field drains, and well or spring protection areas.
    5. The location and dimensions of all existing buildings, fence lines and property lines, overlaid with the proposed subdivision layout.
    6. The layout of existing and proposed power lines including the source and connection to the existing or proposed power supply.
    7. All existing and proposed road and street locations and dimensions, with cross sections and vertical and horizontal profiles of all new roads and streets proposed to be dedicated to the Town, showing the grades of all proposed roads and streets and identifying all proposed cuts and fills exceeding three (3) feet from the existing natural grade. The proposed radius of all centerline curves shall be shown.
    8. The location and size of existing and proposed culinary water and sanitary sewer lines and the location of all wells and springs, if any, and the location of all existing and proposed secondary water locations, as required by the Town Engineer.
    9. Existing and proposed storm drainage and flood control system including existing and proposed pipe sizes, inlets, detention areas, and drainage arrows.
    10. The location of all existing and proposed fire hydrants, including the sizes of all existing and proposed water lines serving all fire hydrants.
    11. The location of all existing and proposed streetlights identifying the location, type, height, and light output of all existing and proposed streetlights.
    12. The location of all existing and proposed street trees and other landscape plantings identifying the location and type of all street trees, shrubs and other landscape materials and plantings.
 
  1. Geotechnical Report. Shall be prepared by a licensed geotechincal 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, Natural Resource Conservation Service (NRCS). Other investigation reports regarding the suitability of the subject property for the proposed subdivision shall be provided.
 
  1. Preliminary Grading Plan. For Subject Properties of one (1) acre or larger, a Preliminary Grading Plan shall be provided indicated by solid-line contours, using two (2) foot intervals, imposed on dashed line contours, also using two (2) foot) intervals, of the existing topography for the entire Subject Property. For Subject Properties that have predominately level, topography one (1) foot contour intervals may be required by the City Engineer.
 
  1. Preliminary Erosion Control Plan. When required by the City Engineer, a Preliminary Erosion Control Plan for the Subject Property shall be provided and included with the Preliminary Subdivision Application.
 
  1. Preliminary Easement Plan. A Preliminary Easement Plan, identifying the location, size, and use of all existing and proposed easements.
 
  1. Title Report. A Title Report for the entire Subject Property, provided by a Title Company, within thirty (30) calendar days from the date of filing the Preliminary Subdivision Application in the Town.
 
  1. Tax Clearance. A tax clearance from the Box Elder County Treasurer shall be provided as part of the Preliminary Subdivision Application.
 
  1. Evidence of Availability of Necessary Services. The following information is required to be presented as part of the Preliminary Subdivision Application, necessary to establish the availability of required services to the Subject Property.
 
    1. Culinary Water Requirements. As required and provided by the Act, the City Engineer is hereby designated as the Culinary Authority. It shall be the responsibility of the Applicant(s) to provide all information and materials, as required by the City Engineer, necessary to review the proposed culinary water system and culinary water sources.
    2. Sanitary Sewer Requirements. As required and provided by the Act, the Town Engineer is hereby designated as the Sanitary Sewer Authority for the City. It shall be the responsibility of the Applicant(s) to provide all information and materials, as required by the Town Engineer, necessary to review the proposed sanitary sewer system.
    3. Subdivision Roads and Streets. The Preliminary Subdivision Application shall identify the proposed road and street layout. Proposed subdivision roads and streets shall make provision for the continuation of existing roads and streets. It shall be the responsibility of the Applicant(s) to provide all information and materials, as required by the Town Engineer, necessary to review the proposed road and street system and road and street designs.
    4. Storm Drainage and Flood Control Facilities. The Preliminary Subdivision Application 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 Public Works Standards. It shall be the responsibility of the Applicant(s) to provide all information and materials, as required by the City Engineer, necessary to review the proposed storm drainage and flood control system.
    5. Fire Protection, Suppression, and Access Facilities. The Preliminary Subdivision Application shall identify the proposed fire protection, fire suppression, and fire access facilities. 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 Public Works Standards. It shall be the responsibility of the Applicant(s) to provide all information and materials, as required by the City Fire Marshall, necessary to review the proposed fire protection, fire suppression, and fire access facilities.
    6. Electrical Power Facilities. The Preliminary Subdivision Application shall identify the proposed electrical power facilities. 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 the Public Works Standards. It shall be the responsibility of the Applicant(s) to provide all information and materials, as required by the Rocky Mountain Power, necessary to review the proposed electrical power facilities.
 
  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 Preliminary Subdivision Application materials, which recommendation may identify any potential impacts resulting from the proposed subdivision.
 
  1. Additional Information and Materials. When the City Staff, 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.
 

11.03.040 Preliminary Subdivision Application – Engineering & Attorney Fees 
 

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

11.03.050 Planning Commission to Determine a Complete Preliminary Subdivision Application: 
 

  1. Within thirty (30) calendar days of the Preliminary Subdivision Application being filed in the Office of the Town, and prior to the Preliminary Subdivision Application being scheduled with the Commission the Town shall determine and find that the Preliminary Subdivision Application is complete and contains all the information and material required for a complete Preliminary Subdivision Application, as required by Section 11.03.03 herein. As provided for by the Act, the Town shall determine a Preliminary Subdivision Application submitted and complete when the Application is provided in a form that complies with all the requirements of Section 11.03.03 herein, and all applicable Preliminary Subdivision Application fees have been paid. The Town shall notify the Applicant, in writing, of the result of such determination. Following a Determination of a Complete Preliminary Subdivision Application, the Town shall schedule the Preliminary Subdivision Application for a public hearing with the Commission such hearing complying with all notice requirements for a public hearing to consider a Preliminary Subdivision Application, as required by Chapter 11.08, herein.
 
  1. A Preliminary Subdivision Application lacking any of the Preliminary Subdivision Application information and materials, as required by Section 11.03.04 herein, shall be cause for the Town to determine the Preliminary Subdivision Application, as Incomplete. The requirements of Section 11.03.06 shall apply to all Preliminary Subdivision Applications determined to be Incomplete.
 

11.03.060 Determination of an Incomplete Preliminary Subdivision Application: 
 

  1. A determination of an Incomplete Preliminary Subdivision Application by the Town shall prohibit the Town from scheduling the required Commission public hearing and shall prohibit the Commission or Council from considering any information or material related to the proposed subdivision.
 
  1. Following a determination of an Incomplete Preliminary Subdivision Application by the Town, the Town shall notify the Applicant, in writing, of the information lacking from the Preliminary Subdivision Application. The Town shall allow a minimum of thirty (30) calendar days, from the date of notification of an Incomplete Preliminary Subdivision Application, for the Applicant to provide the required information. If the Preliminary Subdivision Application remains incomplete after a minimum of thirty (30) calendar days from date of notification, the Town shall return the entire Incomplete Preliminary Subdivision Application to the Applicant(s), including any Preliminary Subdivision Application Review fees paid.
 

11.03.070 Appeal of a Determination of Application Completeness Decision by the Town Staff 
 

Any person aggrieved by a decision of the Town related to a Determination of Application Completeness may appeal the decision to the Commission, the Commission acting as the Appeal Authority for Determinations of Application Completeness decisions. 
 

11.03.080 Preliminary Subdivision Application Review Procedures 
 

  1. As provided by Section 11.03.02 the Council is the Land Use Authority for Preliminary Subdivision Applications
 
  1. Conceptual Plan Meeting. Prior to the Commission considering the Preliminary Subdivision Application at a public hearing the Town Staff shall review the Preliminary Subdivision Application for compliance to all requirements of this Ordinance and other Land Use Ordinances and requirements, as applicable. The results of the Staff Review Meeting, including all Staff review comments and recommendations shall be provided to the Commission, and Council, the Land Use Authority, as applicable.
 
  1. Necessary Approvals and Recommendations. Prior to the Commission considering a Preliminary Subdivision Application at a public hearing the Town shall require that the following approvals and recommendations are included with the information and materials provided to the Commission, and Council, the Land Use Authority, as applicable:
 
    1. Written approval of the feasibility of the proposed culinary water system and culinary water sources, provided by the Town.
    2. Written approval of the feasibility of the proposed sanitary sewer system, provided by the Bear River Health Department. A written verification from Bear River Heath Department approving each lot of the proposed subdivision has passed percolation test for a on-site septic.
    3. A written recommendation of the proposed street and road layout and street and road designs, provided by the Town Engineer.
    4. If the proposed subdivision will be accessed from a State Highway, an appropriate access permit, as required by the State of Utah Department of Transportation, shall be provided. If the subdivision will be accessed from a County Road, authorization from Box Elder County to allow the subdivision access from a County Road shall be provided.
    5. A written recommendation of the proposed storm water management and storm drainage and flood control facilities, provided by the Town Engineer.
    6. A written recommendation of the proposed fire protection, fire suppression, and fire access facilities, provided by the Town Fire Marshall.
    7. A written recommendation of the proposed electrical power facilities, provided by Rocky Mountain Power.
    8. All necessary approvals and/or permits from Federal, State, and Local agencies, as may be applicable.
 
 
  1. Staff Comments, Necessary Approvals, and Recommendations. All Staff Review Meeting comments, necessary approvals, and recommendations provided to the Commission and Council for consideration related to a Preliminary Subdivision Application shall also be provided to the Applicant(s), a minimum of three (3) business days, before any public hearing or public meeting at which the Preliminary Subdivision Application is considered by the Commission and Council.
 
  1. Commission Public Hearing Required. Prior to the Commission formulating a recommendation and prior to the Council considering a Preliminary Subdivision Application, the Commission shall conduct a public hearing, such hearing complying with all notice requirements for a public hearing to consider a Preliminary Subdivision Application, as required by Chapter 11.08 herein.
 
  1. Commission Recommendation Required. Following the close of the Commission public hearing, the Commission shall consider all information and materials received. The Commission shall formulate and transmit a recommendation to the Council, as applicable, on the Preliminary Subdivision Application for consideration.
 

    The Commission may recommend approval of the Preliminary Subdivision Application, as presented, recommend approval of the Preliminary Subdivision Application with requirements, or recommend denial of the Preliminary Subdivision Application, with findings of compliance or non-compliance with this Ordinance, the Town’s other Land Use Ordinances and all other requirements, as applicable. 
     

    The Commission may recommend onsite and offsite improvements, facilities, services, and amenities, provided one hundred percent (100%) by the Applicant(s) for Preliminary Subdivision Application approval, such improvements, facilities, services, and amenities being determined to be consistent with the requirements of Section 11.01.14 herein, including but not limited to: 
     

    1. Road and street improvements, including layout, design, grading and surfacing.
    2. Flood control facilities.
    3. Culinary Water facilities.
    4. Sanitary Sewer facilities.
    5. Storm Drainage facilities.
    6. Erosion Control facilities.
    7. Traffic Circulation and Access Management facilities.
    8. Lot, Parcel and/or Site drainage.
    9. Park and open space areas and facilities.
    10. Fire protection and suppression facilities, including fire hydrants, fire access, and water storage facilities.
    11. Electrical power and telecommunications facilities.
    12. Fencing and buffering treatments.
    13. Street lighting facilities; and
    14. Streetscape enhancements, including street trees and park strip improvements.
 
  1. Council Review. Following the receipt of a Commission recommendation, the Council for Preliminary Subdivision Applications shall consider the Preliminary Subdivision Application. The Council shall consider a Preliminary Subdivision Application at a regularly scheduled Council meeting.
 
  1. Land Use Authority Action. Following the consideration of the Preliminary Subdivision Application, the recommendation of the Commission, and all information and materials presented, the Council as applicable, acting as the Land Use Authority, may approve the Preliminary Subdivision Application, as presented, approve the Preliminary Subdivision Application with requirements, or deny the Preliminary Subdivision Application with findings of compliance or non-compliance with this Ordinance and other Land Use Ordinances and requirements, as applicable.
 

    The Council, as applicable, may require onsite and offsite improvements, facilities, services, and amenities, provided one hundred percent (100%) by the Applicant(s) for Preliminary Subdivision Application approval, such improvements, facilities, services, and amenities being determined consistent with the requirements of Section 11.01.14 herein, including but not limited to: 
     

  1. Road and street improvements, including layout, design, grading and surfacing.
  2. Flood control facilities.
  3. Culinary Water facilities.
  4. Sanitary Sewer facilities.
  5. Storm Drainage facilities.
  6. Erosion Control facilities.
  7. Traffic Circulation and Access Management facilities.
  8. Lot, Parcel and/or Site drainage.
  9. Park and open space areas and facilities.
  10. Fire protection and suppression facilities, including fire hydrants, fire access, and water storage facilities.
  11. Electrical power and telecommunications facilities.
  12. Fencing and buffering treatments.
  13. Street lighting facilities; and
  14. Streetscape enhancements including street trees and park strip improvements.
 

11.03.100 Restrictions for Solar and other Energy Devices 

See Section 11.01.15 herein. 

11.03.110 Effect of Approval, with or without requirements, of a Preliminary Subdivision Application and Effective Period 
 

The approval of a Preliminary Subdivision Application, with or without requirements, by the Council, shall not constitute a final approval of the subdivision by the Town. A Preliminary Subdivision Application approval shall not authorize the division or development of the Subject Property, but allows the Applicant(s) to proceed with the preparation of the Final Subdivision Application for the Subject Property. 
 

As provided by the Act, the continuing validity of a Preliminary Subdivision Application approval is conditioned upon the Applicant(s) proceeding after approval to implement the approval with reasonable diligence. For the purposes of this Ordinance and this Section, the approval of a Preliminary Subdivision Application shall be effective for a period of one (1) year from the date of approval by the Town Council at the end of which time the Applicant(s) shall have submitted a Final Subdivision Application to the Town. If a Final Subdivision Application is not received in the Town within one (1) year of approval, the Preliminary Subdivision Application approval for the Subject Property shall be rendered void and invalid. 

11.03.120 Site Preparation Work Prohibited 
 

No excavation, and no grading or regarding, shall take place on any subject property, and no building permits shall be issued by the Town, until a Final Subdivision Application has been approved and the Final Subdivision Plat has been recorded in the Office of the Box Elder County Recorder. 
 

11.03.130 Appeal of Preliminary Subdivision Application Decisions 
 

Any person aggrieved by a decision of the Council related to a Preliminary Subdivision Application proposing a total of ten (10) or more lots may appeal the decision to District Court, the Court acting as the Appeal Authority for Preliminary Subdivision Application decisions by the Council.