Chapter 11.04 - Final Subdivision Applications


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.04 - Final Subdivision Applications

Chapter 11.04

Final Subdivision Applications 
 

Section 11.04.01—Intent and Purpose: 
 

It is the intent of this Ordinance that a decision related to a Final Subdivision Application decision be a ministerial action by the Council for Final Subdivision Applications, acting as the Land Use Authority. A decision by the Council related to a Final Subdivision Application shall be accompanied by findings of fact, following the receipt of a Town Staff recommendation. 
 

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

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

Section 11.04.02—Final Subdivision Application – Council identified as Land Use Authorities – City Staff Recommendation Required: 
 

  1. The Council for Final Subdivision Applications is hereby identified as the Land Use Authorities for Final Subdivision Applications.
 
  1. Prior to the Council considering a Final Subdivision Application, the City Staff, and City Engineer shall transmit a recommendation to the Council for consideration.
 

Section 11.04.03—Final Subdivision Applications – Preliminary Subdivision Approval Required Application: 
 

As a condition precedent to the filing of a Final Subdivision Application in the Office of the Town, a Preliminary Subdivision Application for the Subject Property, with or without requirements, shall have been approved by the Council for a Final Subdivision Application. 
 

Section 11.04.04—Final Subdivision Applications – Application Requirements: 
 

All Final Subdivision Applications, filed in the Office of the Town, shall provide the following information to be determined complete by the Town, as required by Section 11.04.06: 
 

  1. Application Form. A Final 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 Final Subdivision Application. All persons with a fee interest in the Subject Property shall be required to join in and sign the Final Subdivision Application.
 
  1. Final Subdivision Application Fees. The Final Subdivision Application shall include the payment of the all Final 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 11.04.05 herein.
 
  1. Legal Description. A complete and accurate legal description for the entire Subject Property.
 
  1. Final Subdivision Plat. A Final Subdivision Plat shall be prepared by a licensed land surveyor, as required by the Act, 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. The Final Subdivision Plat shall be prepared in pen 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 Subdivision Plat and two (2) original mylar copies of the Final Subdivision Plan profiles shall be included with the Final Subdivision Application and a minimum of twelve (12) 11 inch x 17 inch size and twelve (12) 24 inch x36 inch paper copies shall be provided and accompany the Final Subdivision Application Form. A digital copy of the Final Subdivision Plat, in a format acceptable to the City’s Geographic Information System standards shall also be provided. The Final Subdivision Plat shall contain the same information as required by Section 11.03.04 herein, and shall include any revisions or additions, as required by the Council, as part of the Preliminary Subdivision Application approval, as applicable. In addition, the Final Subdivision Plat shall show the following:
 
    1. The notation of any self-imposed restrictions, including proposed restrictive covenants, signed by all owners of interest, and bearing the acknowledgment of a public notary, and all other restrictions as required by the Council.
 
    1. The accurate survey of the perimeter of the Subject Property and all parcels, units, lots, or blocks created, accurate in scale, dimension and bearing, and giving the location of and ties to the nearest survey monument. Bearings shall be shown to the nearest second; lengths to the nearest hundredth (100th) foot; areas to the nearest hundredth (100th) acre. All parcels, units, lots, or blocks created shall be numbered consecutively. All lands within the boundaries of the Subject Property and the Final Subdivision Plat shall be accounted for as parcels, lots, roads, streets, alleys, walkways, or other designation.
 
    1. Endorsements of every person having a security interest in the Subject Property subordinating their liens to all covenants, servitudes, and easements imposed on the property.
 
    1. The location of all monuments erected, corners, and other points established in the field. The material of which the monuments, corners, or other points are made shall be noted.
 
    1. All existing and proposed street names shall be shown and the street address and coordinate address of all parcels, units, or lots, created shall be shown, as required by the addressing system of the City.
 
    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. 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 name and address of the surveyor responsible for preparing the Final Subdivision Plat. The surveyor making the Final Plat shall certify that the surveyor:
 
      1. Holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
      2. Has completed a survey of the property described on the Final Plat in accordance with Section 17-23-17 of the Utah Code Annotated, 1953, as amended, and has verified all measurements; and
      3. Has placed monuments as represented on the Final Subdivision Plat.
 
    1. Located at the top-center and right-hand side of the Final Subdivision Plat, the name of the subdivision, as approved by the Box Elder County Recorder’s Office. 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 shall be shown.
 
    1. A title block showing:
 
      1. Date of preparation of the Final Subdivision Plat
      2. Signature blocks for the dated signatures of the Chair of the Town Council, Commission Chair, Elwood Drainage District, Bear River Health Department, and City Engineer.
 
  1. All documents establishing any required agreements, guarantees, or any bonds and the payment of any required guarantees or bonds.
 
  1. Dedications and Grants of Easements. When the Applicant(s) is proposing, or is required, to provide dedications for any infrastructure, utilities, improvements, or services, the owner or operator of the infrastructure, utilities, improvements, or services shall approve the: (i) boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; (ii) location of existing underground and utility facilities; and (iii) conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of records, and utility facilities within the subdivision. Such approval shall be provided in writing with the Final Subdivision Application.
 
  1. Purchase Agreements. When any parcel, unit, or lot is proposed to be purchased by a public or quasi-public agency, a letter of intention to purchase shall be provided with the Final Subdivision Application.
 
  1. Owner’s Dedications. The owner's certificate of dedication(s) including a legal description of the Subject Property boundaries and the dedication of all 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 Box Elder County Recorder may enter the book and page number of their recording.
 
  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 and included with the Final Subdivision Application.
 
  1. Covenants and Restrictions. Copies of all protective covenants, conditions and restriction (CC&R’s), trust agreements, home owner’s association articles and bylaws, and all other required documents, including those required by the Council, governing the future use of property, infrastructure, utility and service systems, re-subdivision, and other provisions required to maintain the integrity of the subdivision.
 
  1. Final Construction Drawings. Final design and construction drawings for all proposed, or required infrastructure, utilities, improvements, or services prepared by a licensed civil engineer, and in a form and as required by the Town Engineer, including, but not limited to, all culinary water facilities, all sanitary sewer facilities, all storm drainage and flood control facilities, bridges and culverts, the profiles and cross sections of all proposed roads and streets, all secondary water facilities, all fire hydrants and fire protection and suppression facilities and systems, all electrical power facilities, all telecommunications facilities, all street lights, all street trees and other landscape plantings identifying the location and type of all street trees, shrubs and other landscape materials and plantings, and all other infrastructure, utilities, improvements, or services.
 
  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. Final Grading Plan. For Subject Property of one (1) acre or larger, a final 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 Town Engineer.
 
  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 Subdivision Application.
 
  1. Final Easement Plan. A final easement plan, identifying the location, size, and use of all existing and proposed easements.
 
  1. Title Report. If the Final Subdivision Application is filed in the Office of the Town after one hundred eighty (180) calendar days from the date the Preliminary Subdivision Application is approved, or if any changes or corrections have been made to the Title of the Subject Property since the Preliminary Subdivision Application was approved, a Title Report for the Subject Property, provided by a Title Company, within thirty (30) calendar days from the date of filing the Final Subdivision Application in the Office of the Town.
 
  1. Tax Clearance. A tax clearance from the Box Elder County Treasurer shall be provided as part of the Final Subdivision Application. The Council may withhold an otherwise valid Final Subdivision Application approval until the owner(s) of the Subject Property provides the Council, with a tax clearance indicating that all taxes, interest, and penalties owing for the Subject Property have been paid. Tax Clearance. A tax clearance from the Box Elder County Treasurer shall be provided as part of the Preliminary Subdivision Application.
 

Section 11.04.05—Final Subdivision Application—Engineering & Attorney Review 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 Final Subdivision Application materials for conformity to the requirements of this Ordinance and other applicable Land Use Ordinances and requirements, and accepted civil engineering practice. 
 
 
 

Section 11.04.06—The Town to Determine a Complete Final Subdivision Application: 
 

  1. Within thirty (30) calendar days of the Final Subdivision Application being filed in the Office of the Town, and prior to the Final Subdivision Application being scheduled with the Council, the Town shall determine and find that the Final Subdivision Application is complete and contains all the information and material required for a complete Final Subdivision Application, as required by Section 11.04.04 herein. As provided for by the Act, the Town Planner shall determine a Final Subdivision Application submitted and complete when the Application is provided in a form that complies with all the requirements of Section 11.04.04 herein, and all applicable Final 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 Final Subdivision Application, the Town shall schedule the Final Subdivision Application for review by the Town Staff in preparation of consideration by the Council and complying with all notice requirements of Section 11.08 herein.
 
  1. A Final Subdivision Application lacking any of the Final Subdivision Application information and materials as required by Section 11.04.040 herein, shall be cause for the Town to determine the Preliminary Subdivision Application as Incomplete. The requirements of Section 11.04.070 shall apply to all Final Subdivision Applications determined to be Incomplete.
 

Section 11.04.07—Determination of an Incomplete Final Subdivision Application: 
 

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

Section 11.04.08—Appeal of a Determination of Application Completeness Decision by the Town: 
 

Any person aggrieved by a decision of the Town related to a Determination of Application Completeness may appeal the decision to the Commission. 
 

Section 11.04.09—Final Subdivision Application Review Procedures: 
 

  1. As provided by Section 11.04.02 the Council is the Land Use Authority for Final Subdivision Applications.
 
  1. The review and approval procedures for a Final Subdivision Application
 
  1. Staff Review Meeting. Prior to the Council considering the Final Subdivision Application the City Staff shall review the Final 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 review comments and any Staff recommendations shall be provided to the Council for consideration
 
  1. Town Engineer Recommendation. Prior to the Council considering a Final Subdivision Application, the City Engineer shall review the Final Subdivision Application and shall transmit a recommendation to the Council for consideration.
 
  1. Staff Comments, Necessary Approvals, and Recommendations. Any Staff Review meeting comments, necessary approvals, and recommendations provided to the Council for consideration related to a Final Subdivision Application, including any comments and recommendations provided by the Town Engineer, shall also be provided to the Applicant(s), a minimum of three (3) business days, before the Final Subdivision Application is considered by the Council.
 
  1. Acknowledgement and Necessary Signatures Required. The owner of the Subject Property shall acknowledge the Final Subdivision Plat before the Council authorized to take the acknowledgement of conveyances of real estate and shall obtain the signatures of required City Officials.
 
  1. Council Review. Following the receipt of all Staff review comments and recommendations, including the recommendations of the Town Engineer, the Council shall consider the Final Subdivision Application. The Council shall consider a Final Subdivision Application Council meeting.
 
    1. Following the consideration of the Final Subdivision Application, the recommendation of the Town Staff, and Town Engineer and all information and material presented, the Council may approve the Final Subdivision Application, as presented, approve the Final Subdivision Application with requirements, or deny the Final Subdivision Application with findings of compliance or non-compliance with this Ordinance, and other Land Use Ordinances and requirements, as applicable.
 
    1. The Council may require onsite and offsite improvements, facilities, services, and amenities, provided one hundred percent (100%) by the Applicant(s) for Final 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.
 
 
 
 

Section 11.04.10—Restrictions for Solar and other Energy Devices: 
 

See Section 11.01.15 herein. 

Section 11.04.11—Effect of Approval, with or without requirements, of a Final Subdivision Application and Effective Period: 
 

  1. The approval of a Final Subdivision Application, with or without requirements, by the Council shall constitute a final approval of the subdivision by the Town.
 
  1. After the approved Final Subdivision Plat has been acknowledged and certified, the owner(s) of the Subject Property shall, within one (1) year of the date of approval of the Final Subdivision Application, record the approved Final Plat in the Office of the Box Elder County Recorder. The Applicant(s) shall pay all fees, including copies, for the recording of the Final Plat and all Final Subdivision documents.
 
  1. The Applicant(s) shall provide one (1) Mylar copy of the recorded Final Plat to the Offices of the Town for inclusion in the files of the City.
 
  1. After the Final Plat has been recorded, the Applicant(s) may apply for necessary permits required for the construction and installation of subdivision improvements and building permits consistent with the approved and recorded Final Plat and the Town’s requirements for such permits.
 
  1. As provided by the Act, the continuing validity of a Final 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 requirement, the approval of a Final Subdivision Application shall be effective for a period of one (1) year from the date of approval by the Council at the end of which time the Applicant(s) shall have presented the Final Subdivision Plat for recording in the Office of the Box Elder County Recorder. If the Final Subdivision Plat is not recorded within one (1) year of approval, the Final Subdivision Application shall be rendered void and invalid,
 

Section 11.04.12—Dedication of Streets and other Public Places. 

  1. Final Subdivision Plats, when made, acknowledged, and recorded in the Office of the Box Elder County Recorder, according to the procedures and requirements of this Ordinance, operate as a dedication of all roads, streets and other public places, and vest the fee of those parcels of land with the Town for the use of the public for the uses named or intended by those Final Subdivision Plats.
 
  1. The dedication established by this Section does not impose liability upon the Town for roads, streets and other public places that are dedicated in this manner but are unimproved.  

Section 11.04.13—Common Area Parcels on a Final Subdivision Plat – No Separate Ownership – Ownership Interest Equally Divided among other Parcels on the Final Subdivision Plat and Included in Description of other Parcels. 
 

  1. A parcel designated as common area on a Final Subdivision Plat and recorded in the Office of the Box Elder County Recorder shall not be separately owned or conveyed independent of the other parcels created by the Final Subdivision Plat.
 
  1. The ownership interest in a common area parcel described in Subsection (1) herein shall:
 
    1. For purposes of assessment, be divided equally among all parcels created by the Final Subdivision Plat, unless a different division of interest for assessment purposes is indicated on the Final Subdivision Plat or an accompanying recorded document; and
 
    1. Be considered to be included in the description of each instrument describing a parcel on the Final Subdivision Plat by its identifying plat number, even if the common area interest is not explicitly stated in the instrument.  

Section 11.04.14—Site Preparation Work Prohibited: 
 

No excavation, and no grading or regrading, shall take place on any Subject Property, and no building permits shall be issued by the City, 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, and a Preconstruction Meeting has been held with the Town Engineer to identify the requirements for the construction and installation of all required subdivision improvements, facilities, services, and amenities.

 

Section 11.04.16—Appeal of Final Subdivision Application Decisions: 
 

Any person aggrieved by a decision of the Council for a Final Subdivision Application may appeal the decision to District Court, the Court acting as the Appeal Authority for Final Subdivision Application decisions by the Council.