CHAPTER 15

SUBDIVISIONS

ARTICLE B.  MINOR SUBDIVISIONS

SECTION:

11-15B-1:		Purpose
11-15B-2:		Minimum Requirements
11-15B-3:		Presubmission Conference
11-15B-4:		Concept Plan
11-15B-5:		Minor Subdivision Plan And Plat
11-15B-6:		Additional Information
11-15B-7:		Preliminary Approval From Planning And Zoning Commission
11-15B-8:		Final Approval From City Council
11-15B-9:		Performance Guarantee Posted !2R!

11-15B-1:		PURPOSE:

The intent of the minor subdivision process is to allow small subdivisions to be processed as quickly as possible. Minor subdivisions include those developments of ten (10) or fewer lots that meet the requirements of section 11-15B-2 of this article. In this process, the preliminary and final plats required for major subdivisions are simplified and combined. (Ord. 9-7-2000, 9-7-2000)

11-15B-2:		MINIMUM REQUIREMENTS:

The development must meet the following minimum requirements in order to be considered a minor subdivision:

A.	No more than ten (10) lots may be created;

B.	The division does not result in remnant land that did not previously exist;

C.	Each lot shall meet the width and area requirements of the applicable zone;

D.	Each parcel shall have the required frontage on an improved public street or highway;

E.	Each parcel shall meet all other applicable requirements set forth in this title; and

F.	If it is determined that the application presents novel or unusual land use planning issues or does not qualify for division under this article, the application shall be processed according to the provisions of chapter 15, article C of this title. (Ord. 9-7-2000, 9-7-2000)

11-15B-3:		PRESUBMISSION CONFERENCE:

Any person wishing to subdivide land within the city shall secure from the zoning administrator information pertaining to the city requirements for minor subdivision review and all other development code and general plan requirements affecting the land to be subdivided. (Ord. 9-7-2000, 9-7-2000)

11-15B-4:		CONCEPT PLAN:

The applicant shall prepare a concept plan in accordance with section 11-15C-3 of this title and submit three (3) copies of the same to the zoning administrator for his/her review and recommendations. The submission of the concept plan is for informational purposes only, and shall not require approval by any body or official. The concept plan informs the zoning administrator of the applicant's intent to divide property, and allows the zoning administrator to inform the applicant of city requirements and regulations. (Ord. 9-7-2000, 9-7-2000)

11-15B-5:		MINOR SUBDIVISION PLAN AND PLAT:

Following the receipt of the recommendations of the zoning administrator regarding the concept plan, the applicant shall prepare a minor subdivision plan and plat and submit three (3) copies of the same to the zoning administrator not less than fourteen (14) days prior to the next scheduled meeting of the planning and zoning commission. Said plan and plat shall contain:

A.	Subdivision name and location;

B.	A title block that includes the following information:

1.	Name, mailing address, and daytime telephone number of the applicant;

2.	Name, mailing address, and daytime telephone number of the owner if different from the applicant;

3.	Name, license type, license number, mailing address, and daytime telephone number of the licensed professional preparing the plat map;

4.	The tax identification number of the subject property proposed for subdivision; and

5.	The official record numbers of the current deed for the property.

C.	North arrow, accurate bar scale, and date of drawing;

D.	Accurately drawn boundaries, bearings, distances and chords properly tied to public survey monuments;

E.	The number, temporary address, and length and width of the blocks and lots intended for sale;

F.	Existing right of way and easement grants of record for underground facilities and for other utility facilities;

G.	If the minor subdivision requires the dedication of easements or right of way for utilities, roads or other public purposes, the owner of the land shall acknowledge the map before an officer authorized by law to take the acknowledgement of conveyances of real estate;

H.	The owner or operator of the underground and utility facilities shall approve the map or plat of its property interest if it specifies:

1.	The boundary, course, dimensions, and intended use of the right of way and easement grants of record.
2.	The location of existing underground and utility facilities; and

3.	Any conditions or restrictions governing the location of the facilities within the right of way, and easement grants of record, and utility facilities within the subdivision.

I.	A title report covering the property within the final plat area to identify all interests in the property that may have an effect on the title and to establish that the land proposed for subdivision is free of boundary conflicts;

J.	A tax clearance report, indicating that all taxes, interest, and penalties owing on the land have been paid;

K.	An itemized estimate of the cost of constructing all required improvements prepared by or under the direction of a licensed engineer. This estimate shall be used as the basis for setting the amount of the performance guarantee;

L.	All improvements and construction must meet all applicable city standards and requirements as set forth in this and other ordinances or resolutions of the city;

M.	Documents conveying required water rights to the city for each new culinary or secondary water connection to be installed, as prescribed by resolution 3-12-98B, or any superseding resolution;

N.	Evidence of payment of minor subdivision plat review and recording fees;

O.	The standard form of signature block adopted by the city including the following:

1.	Description of land to be included in subdivision;

2.	Registered land surveyor "certificate of survey";

3.	Owners' signature;

4.	Notarized acknowledgement of dedication;

5.	Planning and zoning commission certificate of approval;

6.	City engineer and/or Castle Valley special service district certificate of approval;

7.	Southeastern Utah health district sanitation approval; and

8.	City attorney certificate of approval. (Ord. 9-7-2000, 9-7-2000)

11-15B-6:		ADDITIONAL INFORMATION:

Upon review of the minor subdivision plat, if the planning and zoning commission determines that additional information is necessary to render an appropriate decision, the commission may require the applicant to supply any of the following items listed below. In any case, the commission shall not require the applicant to supply any more information than is reasonably necessary to ensure adequate understanding of the proposed subdivision.

A.	Adjoining properties and current owners of record and all tax identification numbers and official record numbers of the current deed or legal description;
B.	The location of existing railroads, rights of way, buildings, common drives, open space, trails, watercourses or other important features within or adjacent to the property;

C.	The names, widths, lengths, bearings, and curve data on centerlines of all proposed public streets, roadways, alleys, rights of way, common drives, along with the bearings and distances and dimensions of all portions within the subdivision intended to be dedicated to the public for use;

D.	All streets, lots, blocks, and roadways are to be numbered or addressed under the system approved by the city;

E.	The location of all existing sanitary and storm sewers, water mains, culverts, fire hydrants, the location of the nearest water and sewer outlet and other structures;

F.	The proposed location of all improvements to be installed, such as water lines, sewer lines, gas lines, electrical power lines, cable TV lines, telecommunications lines, fire hydrants, street lights, permanent survey monuments, building setbacks, open space, trails and other common spaces, etc.;

G.	An elevation contour map (or aerial photograph showing elevation contours) of the proposed development at intervals of two feet (2');

H.	A drainage plan of all areas of the proposed development including vacant or open space, proposed building sites, existing and proposed ditches, canals, curbs, storm drains, retention ponds, and other drainage facilities;

I.	Engineering drawings, typical cross sections, plans or written statements regarding the plan;

J.	Where an applicant owns or controls more land than he/she wishes to develop immediately, the planning and zoning commission may require that the submitted minor subdivision plat indicate the portion to be developed immediately and the portion to be held for future development. The remaining portion of the development will maintain its minor subdivision plat approval status for a period of one year;

K.	Any other material or information required by the planning and zoning commission. (Ord. 9-7-2000, 9-7-2000)

11-15B-7:		PRELIMINARY APPROVAL FROM PLANNING AND ZONING COMMISSION:

A.	Action Of Planning And Zoning Commission: The planning and zoning commission shall review the minor subdivision plat within thirty one (31) days from the date of submission of the application. Upon a determination that the application qualifies as a minor subdivision and is in full compliance with all applicable requirements of city ordinances, resolutions and general plan, the commission shall act to:

1.	Approve the plat as submitted;

2.	Approve the plat subject to modification;

3.	Disapprove the plat; or

4.	Where considered necessary, act to table the plat for further consideration.

B.	Record Of Action: The action of the planning and zoning commission shall be written on the face of two (2) copies of the minor subdivision plat; one of which shall be retained in the files of the planning and zoning commission, and one of which shall be returned to the applicant.

C.	Approval: If the planning and zoning commission approves the plat as submitted, the commission shall forward the plat to the city council.

D.	Approval Subject To Modification: If the planning and zoning commission approves the plat subject to modification, the applicant must complete the required modifications and resubmit the plat to the planning and zoning commission for verification. Upon a determination by the planning and zoning commission that all the required changes have been made and that the plat as submitted meets all applicable city standards and requirements as set forth in this and other ordinances, the commission shall forward the plat to the city council.

E.	Disapproval: If the planning and zoning commission disapproves the minor subdivision plat, it must cite specific deficiencies in the application, or the specific sections of city ordinances, resolutions, or general plan which would be violated by approving the application.

F.	Appeal: Any person adversely affected by the decision of the planning and zoning commission regarding the application may appeal the decision to the city council within fourteen (14) days after such decision.

G.	Time Limit Of Approval: Preliminary approval of the minor subdivision plat shall remain valid for a period of one year. Upon receipt of a written request from the applicant not fewer than thirty one (31) days before the expiration of preliminary plat approval, said approval may be extended or reaffirmed by the planning and zoning commission for a period not to exceed one year. Once preliminary approval has expired, the applicant must resubmit the minor subdivision plat for approval as described in sections 11-15B-5 and 11-15B-6 of this article. (Ord. 9-7-2000, 9-7-2000)

11-15B-8:		FINAL APPROVAL FROM CITY COUNCIL:

A.	City Council Action: The city council shall review the minor subdivision plat within thirty one (31) days from the date of receipt of the planning and zoning commission's recommendations and shall act to:

1.	Approve the plat as submitted;

2.	Approve the plat subject to modification; or

3.	Disapprove the plat.

B.	Record Of Action: The action of the city council shall be written on the face of two (2) copies of the plat; one of which shall be retained in the files of the planning and zoning commission, and one of which shall be returned to the applicant.

C.	Approval: If the city council approves the plat as submitted, the council shall sign the plat and authorize its recording in the office of the county recorder. The signature of the mayor and a majority of the city council on the plat shall constitute final approval.

D.	Approval Subject To Modification: If the city council approves the plat subject to modification, such modification must first be referred to and accepted by the planning and zoning commission. Upon a determination by the planning and zoning commission that all the required changes have been made and that all applicable city standards and requirements as set forth in this and other ordinances are satisfied, the commission shall return the plat to the city council. The city council shall then sign the plat and authorize its recording in the office of the county recorder. The signature of the mayor and a majority of the city council on the plat shall constitute final approval.

E.	Disapproval: If the city council disapproves the minor subdivision plat, it must cite specific deficiencies in the application, or the specific sections of city ordinances, resolutions, or general plan which would be violated by approving the application. (Ord. 9-7-2000, 9-7-2000)

F.	Appeal: Any person adversely affected by the decision of the city council regarding the plat may appeal the decision to the district court within thirty (30) days after such decision. (Ord. 2010-1, 2-11-2010)

G.	Time Limit Of Approval: Final approval of the minor subdivision plat shall remain valid for a period of one year. Upon receipt of a written request from the applicant not fewer than thirty one (31) days before the expiration of final plat approval, said approval may be extended or reaffirmed by the city council for a period not to exceed one year. Once final approval has expired, the applicant must resubmit the minor subdivision plat for approval as described in sections 11-15B-5 through 11-15B-7 of this article. (Ord. 9-7-2000, 9-7-2000)

11-15B-9:		PERFORMANCE GUARANTEE POSTED:

Upon final approval of the minor subdivision plat by the city council, the applicant shall post a bond or other financial assurance acceptable to the city council, with the city treasurer, guaranteeing construction of the required improvements. Said performance guarantee shall be in conformance with the provisions of chapter 16 of this title. (Ord. 9-7-2000, 9-7-2000)