These Subdivision regulations shall apply to all Subdivisions or Re-subdivisions of land, and Lot Line Adjustments, as defined herein, located within the corporate limits of Coalville. Whenever any Subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a Structure in such proposed Subdivision shall be granted, the subdividing Owner, or his authorized Agent, shall apply for and secure approval of such proposed Subdivision in accordance with the following procedure.

(Ord. No. 2024-2, 10-15-2024)

A.

Minor Subdivision. A Subdivision in a residential zone, containing not more than five (5) Lots fronting on an existing street, not involving any new street or road, or the creation of public improvements. An application for minor subdivision will not be required to separately prepare a Preliminary Plan.

1.

Concept Plan. The applicant may elect to attend a Concept Plan Conference (pre-application meeting) with a concept plan. This meeting will be conducted in accordance with regulations outlined in this Chapter and Section 30-010.

2.

Final Plan. A Final Plan shall need to be approved in accordance with regulations in this Chapter and Section 30-030.

B.

Major Subdivision. A Subdivision of land into six (6) or more Lots and any size Subdivision requiring any new Public Street, and concurrent or subsequent review of multiple Minor Subdivision applications by the same or related entity, or any re-subdivision including six (6) or more lots in a prior approved subdivision.

1.

Concept Plan. The applicant may elect to attend a Concept Plan Conference (pre-application meeting) meeting with a concept plan. This meeting will be conducted in accordance with regulations outlined in this Chapter and Section 30-010.

2.

Preliminary Plan. A Preliminary Plan shall need to be approved in accordance with regulations outlined in this Chapter and Section 30-020.

3.

Final Plan. A Final Plan shall need to be approved in accordance with regulations outlined in this Chapter and Section 30-030.

C.

Master Planned Development. A subdivision, development, or use of land approved under a development agreement and related development plan as outlined in Chapter 33.

1.

Concept Plan. The applicant may elect to attend a Concept Plan Conference (pre-application meeting) with a concept plan. This meeting will be conducted in accordance with regulations outlined in this Chapter, Chapter 33, and Section 30-010.

2.

Preliminary Plan. A Preliminary Plan shall need to be approved for each phase of the MPD in accordance with regulations outlined in Chapter 33.

3.

Final Plan. A Final Plan shall need to be approved for each phase of the MPD in accordance with regulations outlined in Chapter 33.

D.

Plat Amendment. The adjustment of subdivision lot lines, changes plat notes, or combining Lots.

1.

Final Plan. A Final Plan shall need to be approved in accordance with regulations outlined in this Chapter and Section 30-030.

E.

Record of Survey.

1.

Final Plan. A Final Plan shall need to be approved in accordance with regulations outlined in this Chapter and Section 30-030.

F.

Lot Line Adjustment. The relocation of the Property boundary line between two (2) adjoining Parcels.

1.

Procedure shall follow those listed in Section 03-200.

(Ord. No. 2024-2, 10-15-2024)

Official Submission Dates. At its discretion, the Planning Commission may waive one (1) or more of the steps in the approval process by allowing the Applicant and Developer to combine the requirements of both Preliminary Plan and Final Subdivision Plats into a single submittal.

A.

In such a case, the single submittal shall be treated as the preliminary application but subject to the combined requirements of both the preliminary and final plans.

B.

Major Subdivision. A Major Subdivision review process is used when more than five (5) lots are being subdivided into one (1) phase. Each applicant desiring a Major Subdivision shall follow the application requirements for a Major Subdivision; if the Planning Commission holds a public hearing in the preliminary review phase, the applicant or duly authorized agent shall be required to attend.

C.

Master Planned Development. Master planned developments (in the form of development agreements) must be utilized if a developer wishes to pursue mixed use development, bonus density, a long-term phasing plan, a subdivision or development of more than fifteen (15) lots or units, or when the Planning Commission determines one is necessary, as explained in Chapter 33.

D.

Phasing Plan. All Master Planned Developments shall include a phasing plan which specifies the timing of public improvements and residential construction. This plan must address or answer the following:

1.

The number of units or parcels to be developed in each phase and the approximate timing of each phase,

2.

The timing on construction of public improvements and subdivision amenities to serve each phase whether on or off site,

3.

The relationship between the public improvements in the current subdivision and contiguous land previously subdivided and yet to be subdivided,

4.

A developer may request a revision of the phasing plan due to such conditions as changing market conditions, inclement weather, or other factors, with the burden of proof lying with the developer to substantiate the claims.

(Ord. No. 2024-2, 10-15-2024)

A.

Concept Plan, Generally. A party intending to submit a subdivision application under this Code may request a Concept Plan Conference (pre-application meeting) with the CDD for the purpose of reviewing any element of the party's proposed subdivision application (preliminary or final). The proposed application or concept plan need not be complete for purposes of this meeting.

1.

If a party requests a pre-application meeting, the CDD shall schedule the meeting within fifteen (15) business days after the request. The meeting shall be scheduled at the earliest convenient opportunity, and, at the option of the party requesting the meeting, shall occur within twenty (20) business days after scheduling.

B.

Concept Plan Conference. The Concept Plan Conference provides an opportunity for the applicant, and Staff to review and discuss a proposed project in the conceptual stage.

The applicant can use the meeting to ask questions of the Staff and receive direction on project layout. At the Conference, the Staff will inform the applicant what zone the proposed project is located in and what uses are allowed in the zone. The staff shall provide or have available on the municipal website the following at the time of the meeting: copies of applicable land use regulations, a complete list of standards required for the project, and relevant application checklists.

The Staff may also discuss the procedure for approval of a subdivision plat and the specifications and requirements as to the general layout of streets, reservations of land, street improvements, drainage, water, sewerage, fire protection, mitigation of environmental impacts, and similar matters, as well as the availability of existing public services.

The Staff may also advise the applicant, where appropriate, to discuss the proposed development with those agencies who must eventually approve those aspects of the subdivision plat within their jurisdiction, including but not limited to, the North Summit Fire District, North Summit School District, and the various utility service providers. Neighbors of the project area may also be notified to get their views and concerns.

(Ord. No. 2024-2, 10-15-2024)

A.

Preliminary Plan Application Requirements. Prior to any process or procedure for subdividing or developing land as required by this Code (except for those involving a development agreement, such as a Master Planned Development), the owner of the land or an authorized agent shall submit an application for a Preliminary Plan. The Preliminary Application must include all elements as required by Chapter 30 of this title.

B.

Plan Application Requirements. Following the approval of the Preliminary Plan, the applicant may proceed with the subdivision by filing an application for a Final Plan. The Final Application must include all elements as required by Chapter 30 of this title.

C.

Review Procedure. The Land Use Authority shall review all subdivision applications (except to the extent those applications involve a development agreement, such as a Master Planned Development), in accordance with the requirements of this Section before approving or denying those applications. The City shall not approve, nor shall a party record, any plat or other creating instrument for a new subdivision unless the party has properly applied under this Chapter and received approval from the respective Land Use Authorities.

1.

For both preliminary and final applications, the review process begins when an applicant submits a complete application.

a.

The Land Use Authority shall not review an incomplete subdivision application, except to determine whether the application is complete.

b.

If the Land Use Authority determines that an application is incomplete, it shall notify the applicant of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until it is complete.

2.

For both preliminary and final applications, after the applicant submits a complete application, the Land Use Authority shall review and provide feedback to the applicant in a series of "review cycles."

A review cycle consists of the following phases:

a.

Phase #1: The applicant submits a complete application (or, if after the first cycle, submits a revised version of the complete application).

b.

Phase #2: The Land Use Authority reviews the application in detail and assesses whether the application conforms to the local ordinances.

c.

Phase #3: The Land Use Authority responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant. For any required modification or addition to the application or request for more information, the Land Use Authority shall be specific and include citations to ordinances, standards, or specifications that require the modification or addition and shall provide the applicant with an index of all requested modifications or additions.

d.

Phase #4: The applicant revises the application, addressing each comment or requirement and Land Use Authority made. The applicant must submit both revised plans and a written explanation in response to the City's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. If the applicant fails to respond to a comment made by the Land Use Authority in its review, the review cycle is not complete and will remain open until the applicant addresses all comments.

3.

The Land Use Authority (and other City representatives or agents) shall adhere to the maximum number of review cycles and the review deadlines described in Table A, except as described below. If no further revisions are needed, the Land Use Authority may end the review process early and approve or deny the preliminary or final application.

a.

This provision notwithstanding, for any subdivision application that affects property within an identified geological hazard area, the City is exempt from limits on the number of permitted review cycles and the City's deadlines for reviewing and responding (Phases #2 and #3).

b.

If the applicant makes a material change to a preliminary or final application not requested by the City at any point in the review process, the Land Use Authority may restart the review process, but only with respect to the portion of the application that the material change substantively affects.

c.

For both preliminary applications and final applications, if an applicant takes longer than forty (40) business days to submit a revised subdivision improvement plan responding to the City's requests for modifications and additions (in Phases #1 and #4), the City shall have an additional twenty (20) business days to review and respond to the revised application (Phases #2 and #3 of the next review cycle or issuing an approval decision).

d.

For both preliminary and final applications, if an applicant takes longer than one hundred eighty (180) calendar days to submit a revised application and respond to the City's requests for modifications and additions (Phases #1 and #4), the application shall, at the option of the Land Use Authority, expire. If an application expires, the applicant must restart the subdivision application process.

e.

If the applicant has not submitted a final application within three hundred sixty-five (365) calendar days after the Land Use Authority notifies the applicant that it has approved the related preliminary application, the related preliminary approval shall expire. In this case, the applicant shall not submit a final application until the Land Use Authority has issued a new preliminary application approval.

4.

When a preliminary or final application's review period ends, the Land Use Authority shall approve or deny the respective preliminary or final application within twenty (20) business days.

a.

If the Land Use Authority has not approved or denied the application within twenty (20) business days after the allotted review cycles are complete, the applicant may request a decision. After such a request, the City shall, within ten (10) business days:

i.

For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code §10-9a-511(5)(d) to review and approve or deny the revised set of plans; or

ii.

For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the designated Appeal Authority.

5.

After the Land Use Authority provides comments in the last allotted review cycle for a final application, the City shall not require further modifications or corrections to the application unless those modifications or corrections are necessary to protect public health and safety or to enforce state or federal law or unless the review cycle reset due to the applicant making a material change that the Land Use Authority did not request.

a.

With the exception of modifications or corrections that are needed to protect public health and safety, that are needed to enforce state or federal law, or that arise from the review cycle being reset, the municipality waives noncompliant subdivision-related requirements that the Land Use Authority does not identify during the review process.

b.

The applicant shall make reasonable changes, unless prohibited otherwise by a contract or deed, to the subdivision application to accommodate the water conveyance facility to the extent required by Utah Code §73-1-15.5.

6.

The Land Use Authority may conduct one (1) or more public hearings (up to the number described in Table A) during the review period for a preliminary subdivision application.

a.

The purpose of these public hearings is to ask questions of the applicant and receive commentary on the technical aspects of the application from affected entities, interested parties, and the public.

b.

If the Land Use Authority elects to hold a public hearing, the hearing must occur before the end of the Land Use Authority's preliminary review period (end of Phase #3 of the last preliminary review cycle). Scheduling issues shall not extend the review and approval deadlines in this Chapter.

c.

The Land Use Authority shall not hold a public hearing during the review period for a final subdivision application.

7.

Other chapters of this Title notwithstanding, the Land Use Authority shall approve or deny preliminary and final applications under this Chapter after reviewing the complete applications as described in this Section.

(Ord. No. 2024-2, 10-15-2024)

A.

Approval. The respective Land Use Authorities shall approve any complete preliminary and final applications made under this Chapter that comply with applicable municipal ordinances.

B.

The respective Land Use Authorities shall issue all approvals in writing and shall certify the approved final plat, either by signing the plat directly or by attaching a signed certification to the plat.

C.

Payment of Fees. The Land Use Authority shall not approve any application until all review fees have been paid in full according to the fee schedule approved by the City.

D.

Recording. The applicant shall record the approved final plat with the County Recorder's Office within three hundred sixty-five (365) calendar days after the Land Use Authority approves the final application, provided that the applicant has completed any improvements or posted any performance guarantee required by the City ordinances or described in the approved improvement plan.

1.

An approved final plat not properly recorded within the timeline specified in this provision is void, unless the Planning Commission approves an extension.

E.

Submission. City staff shall submit to the Utah Geospatial Resource Center (so the subdivision can be included in the 911 database) within thirty (30) calendar days after the final application is approved either:

1.

An electronic copy of the approved final plat; or

2.

Preliminary geospatial data that depict any new streets and situs addresses for proposed construction within the bounds of the approved final plat.

F.

Effect of Approval. In approving the plat, the City and its officers and agents are only certifying to substantial compliance with the statute and ordinances regarding the recording of plats and the prior approval of the project as being in compliance with City Ordinances. The City does not make any representation concerning the accuracy of the information on the plat, nor the value of the project. Every site for which a site plan has been approved shall conform to such plan and adhere to the following:

1.

A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this section have been met. Any building permit issued shall expressly require that development be undertaken and completed in conformity with the approved site plan. No structures or improvements may be added to sites that are not included on the approved site plan.

2.

All improvements shown on the approved site plan or amended site plan shall be maintained in a neat and attractive manner.

3.

Approval of a site plan shall not be deemed an approval of any conditional use permit or other permit. Approval of such permits shall be obtained in accordance with the applicable provisions of this Code.

G.

Alterations, Amendments, and Vacations of Subdivision Plats. Alterations, Amendments, and Vacations of Subdivision Plats may occur through a petition by landowners, recommendation by the Land Use Authority, or through a motion by the Legislative Body. Alterations, Amendments, and Vacations of a Subdivision Plat, Street, Lot, Alley, or Public Use Area shall be considered at a public hearing after following the notification procedures contained in Chapter 03-060.

H.

Expiration. Failure to obtain a building permit within one (1) year of final approval of a site plan or recordation of a subdivision plat shall terminate and cancel the prior site plan or subdivision plat approval given, whereupon the Planning Commission may require that a new site plan or subdivision plat be submitted, and approval obtained pursuant to this section. A written request may be submitted to the Planning Commission prior to expiration of the site plan or subdivision plat for a one-time extension of up to six (6) months. The Planning Commission can grant such an extension where good cause can be shown.

I.

Appeal of Decision. Any person adversely affected by a decision of the Land Use Authority regarding approval or denial of a concept plan, preliminary plan, or final plat, or any site plan may be appealed to the District Court in accordance with the provisions of this Code and Utah Code Annotated.

(Ord. No. 2024-2, 10-15-2024)

Within fifteen (15) calendar days after receiving a complete subdivision application under this Chapter, the City Manager or designee shall provide written notice of the proposed subdivision to the facility owner of any known water conveyance facility located, entirely or partially, within one hundred feet (100') of the subdivision plat.

A.

To determine whether any water conveyance facility is located within one hundred feet (100') of a proposed subdivision, the City Manager or designee shall review information:

1.

From the facility owner under Utah Code §10-9a-211, using mapping-grade global positioning satellite units or digitized data from the most recent aerial photo available to the facility owner;

2.

From the state engineer's inventory of canals; or

3.

From a licensed surveyor who has consulted with a representative of an existing water conveyance facility that services an area near the land the application concerns.

B.

To give water conveyance facilities time to provide feedback on subdivision applications, the Land Use Authority shall not approve a preliminary (or related final) subdivision application under this Chapter sooner than twenty (20) calendar days after the applicant submits a complete application. This waiting period does not apply to revised applications the applicant may submit during the application review process.

1.

A water conveyance facility owner's failure to provide comments to the Land Use Authority about a subdivision application does not affect or impair the Land Use Authority's authority to approve the subdivision application.

(Ord. No. 2024-2, 10-15-2024)