City Staff may discuss with a potential applicant, at a Concept Plan Conference, the procedure for approval of a subdivision plat and the specifications and requirements as to general layout of streets and for reservations of land, street improvements, drainage, water, sewerage, fire protection, mitigation of environmental impacts and similar matters, as well as the availability of existing services.

City staff may also advise the applicant of likely changes or additions to the applicant's Concept Plan that will likely be required as a prerequisite to the approval of the Preliminary Plan.

A.

General. If the applicant elects to attend a Concept Plan Conference before applying, the applicant shall supply the City with a digital and two (2) hard copies of the Concept Plans.

B.

Concept Plan Elements. The potential applicant requesting a Concept Plan Conference may include any information the applicant desires on the Concept Plan. The proposed application need not be complete for the applicant to attend. The following elements are strongly recommended:

1.

A plan prepared at an engineers' scale not more than one inch (1") equals one hundred feet (100'), on standard twenty-four inch (24") by thirty-six inch (36") paper, with sheets numbered in sequence if more than one (1) sheet is used. Except when permission is expressly granted by the Staff, no concept plan hand drawn in pen or pencil shall be accepted.

2.

The date of the plan, true north arrow, standard scale, and name of the subdivision.

3.

The location of property with respect to surrounding property and streets, the names of adjoining streets, and the location of all boundary lines of the property.

4.

The location of existing streets, easements, water bodies, rivers, streams, and other pertinent features such as swamps, buildings, parks, cemeteries, drainage or irrigation ditches, bridges, or other features as determined by the Staff.

5.

The location and width of all existing and proposed streets, street names and easements, alleys, trails, and other public ways, and easement and proposed street rights-of-way.

6.

The location and size of all proposed or existing lots, complete with building pads, utility easements, lot numbers, and building setback lines.

7.

The location and size of all property proposed to be set aside for park or playground use, or other public or private reservations and open space dedications, with designation of the purpose thereof, types, and conditions, if any, of the dedication, preservation, or reservation.

8.

The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor.

9.

Indication of the use of all lots or parcels whether single-family, two-family, multi-family, agricultural, commercial, industrial, recreation open space, as well as all uses other than those specified that are proposed by the subdivider.

10.

A preliminary lighting and signing plan showing all proposed exterior lighting and signing.

11.

Explanation of reservations and conservation easements, if any.

12.

A preliminary utility plan showing all utility facilities existing and proposed throughout the subdivision.

13.

A preliminary grading and drainage plan with an indication of all slopes from zero to eight percent (0-8%), eight to fifteen percent (8-15%), fifteen to thirty percent (15-30%) and slopes greater than thirty percent (30%).

14.

If the plan does not include all contiguous property of the owner of the subdivision, an indication of future use of the contiguous property.

15.

Indication of the nearest location of all existing public and private utilities.

16.

A preliminary landscape and irrigation plan showing proposed plant species, size and location including means of irrigation.

17.

Proposed Phasing Plan per Section 29-040(E) if applicable.

18.

Five (5) or more lots or units will require an Impact Analysis on environmentally sensitive lands and public infrastructure per Section 03-090 and Section 18-050.

19.

As applicable, a right to farm provision agreement or study, with appropriate deed restrictions or restrictive covenants.

20.

Filing fee as shown on the current City Fee Schedule.

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

The Land Use Authority shall review and approve the Preliminary Plan in accordance with the regulations as outlined in Sections 29-050 and 29-060.

These Preliminary Plan requirements are the minimum; other information may be required by the Development Code, Staff, or Planning Commission.

General. The applicant shall supply the City with a digital and two (2) hard copies of the Preliminary Plans and an electronic copy in PDF format. To be considered complete, a preliminary subdivision application must include at least the following elements:

A.

An approved land use application that describes how the property will be used after it is subdivided.

1.

If the intended use is permitted by right under City ordinances, the land use application must include citations to the specific ordinance(s) that the applicant believes authorizes the intended use.

2.

If the intended use requires a rezoning, mixed uses, creation of sixteen (16) or more lots or units, or otherwise requires Master Planned Development with a development agreement under Chapter 33, the land use application must include an approved and signed development agreement. Should an applicant seek MDP approval concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the agreement is signed by all parties.

3.

If the intended use is prohibited under City ordinances and requires a variance, the land use application must include an approved, City-issued variance authorizing the intended use. Should an applicant seek a variance concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the variance is issued.

B.

An improvement plan, including Construction Drawings, created in accordance with applicable portions of Chapters 31 and 32 of this Title, for all public improvements proposed by the applicant or required by City ordinances.

1.

In addition to the requirements in Chapters 31 and 32, the improvement plan must contain an engineer's estimate of the cost of completing the required improvements.

C.

A Preliminary Plat. The preliminary plat must include at least the following information, which is intended to be as complete as possible. However, the applicant is responsible for including all information required by this Code, the Planning Commission, or Staff on the Preliminary Plan whether included in this list or not. Failure to show any information required by this Code, the Planning Commission, or Staff may result in denial of the plan.

1.

A plan prepared at an engineers' scale not more than one inch (1") equals one hundred feet (100'), on standard twenty-four inch (24") by thirty-six inch (36") paper, with sheets numbered in sequence if more than one (1) sheet is used. Except when permission is expressly granted by the Staff, no Preliminary Plan hand drawn in pen or pencil shall be accepted.

2.

The date of the plan, true north arrow, standard scale, and name of the subdivision, which name must be distinct from any subdivision name on a plat recorded in the County Recorder's Office.

3.

The location of property with respect to surrounding property and streets, the names of adjoining streets, and the location of all boundary lines of the property.

4.

The location of existing streets, easements, water bodies, rivers, streams, and other pertinent features such as swamps, buildings, parks, cemeteries, drainage or irrigation ditches, bridges, or other features as determined by the Staff.

5.

The location and width of all existing and proposed streets, street names and easements, alleys, trails, and other public ways, and easement and proposed street rights-of-way.

6.

The location and size of all proposed or existing lots, complete with building pads, utility easements, lot numbers, and building setback lines.

7.

The location and size of all property proposed to be set aside for park or playground use, or other public or private reservations and open space dedications, with designation of the purpose thereof, types, and conditions, if any, of the dedication, preservation, or reservation.

8.

The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor.

9.

Indication of the use of all lots or parcels whether single-family, two-family, multi-family, agricultural, commercial, industrial, recreation open space, as well as all uses other than those specified that are proposed by the subdivider.

10.

Any known and unrecorded water conveyance facility located, entirely or partially, within the plat.

11.

Filing fee as shown on the current City Fee Schedule.

12.

If the subdivision includes a condominium, the requirements found in Utah Code §57-8-13, as amended.

D.

Plans and Studies, including:

1.

A preliminary lighting and signing plan showing all the proposed exterior lighting and signing.

2.

A preliminary utility plan showing all utility facilities existing and proposed throughout the subdivision.

3.

A preliminary grading and drainage plan with an indication of all slopes from zero to eight percent (0-8%), eight to fifteen percent (8-15%), fifteen to thirty percent (15-30%) and slopes greater than thirty percent (30%).

If the plat does not include all contiguous property of the owner of the subdivision, an indication of future use of the contiguous property.

4.

A preliminary landscape and irrigation plan showing proposed plant species, size and location including means of irrigation.

5.

Proposed Phasing Plan as per Section 29-030(E) of the Code if applicable.

6.

Five (5) or more lots or units will require an Impact Analysis on environmentally sensitive lands and public infrastructure per Section 03-090 and Section 18-050.

7.

Indication of the nearest location of all existing public and private utilities.

8.

Explanation of reservations and conservation easements, if any.

9.

A traffic study, if one is required by an applicable UDOT Access Management Plan.

E.

Certifications, including:

1.

An affidavit from the applicant certifying that the submitted information is true and accurate.

2.

The signature of each owner of record of land described on the preliminary plat, signifying their consent to the preliminary subdivision application and their intent to dedicate portions of the preliminary plat to the public as described in the application.

3.

Certification that the surveyor who prepared the plat:

a.

Holds a license in accordance with Utah Code 58-22; and

b.

Either:

i.

Has completed a survey of the property described on the plat in accordance with state requirements and has verified all measurements; or

ii.

Has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and

c.

Has placed monuments as represented on the plat.

F.

Fees. Payment of all required fees for a preliminary subdivision application as described on the City's fee schedule.

G.

Incomplete Application. The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause of an incomplete application and disapproval of a Preliminary Plan.

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

Following the approval of the Preliminary Plan, the applicant may proceed with the subdivision by filing an application for a Final Plan.

The Land Use Authority shall review and approve the final plan in accordance with the regulations as outlined in Sections 29-050 and 29-060.

General. The applicant shall provide the City with a digital and two (2) hard copies of the Final Plat with one (1) of the copies being produced on reproducible Mylar for recording, and electronic copies of the final plat in AutoCAD and other documents in PDF. To be considered complete, a final subdivision application must include at least the following elements:

A.

Land Use Authority approval of the applicant's preliminary application given within the last three hundred sixty-five (365) calendar days.

B.

The approved land use application that was accepted during the preliminary application review process.

C.

A Final Plat. The final plat should be the version of the preliminary plat approved by the City during the preliminary application review process, plus any other additions and immaterial changes (e.g., formatting) necessary to comply with the recording requirements of the County Recorder's Office. The following elements are also required:

1.

A final draft of any subdivision restrictive covenants (CC&R's) or agreements, if applicable.

2.

The subdivision plat must be signed by the owner of the property and all persons claiming an interest in the property within the plat, including those holding a security interest in the property, excluding mechanic liens and judgment liens. A condominium plat need not be signed by those holding security interests in the property. All owners' signatures must be legally acknowledged.

3.

The plat must have signature blocks for Rocky Mountain Power, Enbridge Gas, North Summit Fire District, City Community Development Director, the City Engineer, City Public Works Director, Mayor, City Attorney, and any other signatures required by the City.

4.

Owner's dedication and consent to record as required by applicable state law.

D.

A performance guarantee for all public improvements required by the approved improvement plan and City ordinances, or a statement that such improvements will be completed before development occurs on the proposed subdivision and before the applicant records the plat, as required by Section 32-020 of this Title.

E.

Certifications, including:

1.

A Title Report or Title Insurance Policy for the land to be subdivided verifying property ownership.

2.

A Tax Clearance Certificate from the state indicating that all taxes, interest, and penalties owing on the land have been paid.

3.

An affidavit from the applicant certifying that the submitted information is true and accurate.

4.

Certification that the surveyor who prepared the plat:

a.

Holds a license in accordance with Utah Code 58-22; and

b.

Either:

i.

Has completed a survey of the property described on the plat in accordance with state requirements and has verified all measurements; or

ii.

Has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and

c.

Has placed monuments as represented on the plat.

F.

Dedications.

1.

Binding dedication documents, as applicable, for proposed public and City spaces and any conveyances of common areas to community associations.

2.

Formal, irrevocable offers of dedication to the public of all required streets, public uses, utilities, parks, and easements, in a form approved by the City Attorney.

3.

If required by the City Attorney, the applicant shall deliver a full covenant and warranty deed to all such lands in proper form for recording, together with a Code policy for the City not older than thirty (30) days and in the sum not less than one hundred ten percent (110%) of the project cost, which sum shall be determined by the City Attorney and or Engineer before signing of the Final Plat.

4.

If applicable, a right to farm provision agreement or study, with appropriate deed restrictions or restrictive covenants.

G.

The Land Use Authority may require, and the applicant shall provide, additional information beyond the requirements of this Section or those published by the City relating to an applicant's plans to ensure compliance with City ordinances and approved standards and specifications for construction of public improvements and to protect the health and safety of City residents.

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

A.

Agricultural Land.

1.

Applications to subdivide agricultural land are exempt from the preliminary and final plat requirements (but not the other application requirements) of Chapters 29 and 30 if the resulting parcels:

a.

Qualify as land in agricultural use under Utah Code §59-2-502;

b.

Meet the minimum size requirement of applicable City land use ordinances; and

c.

Are not used and will not be used for any nonagricultural purpose.

2.

For subdivision applications for which this exception applies, an applicant may submit to the City—in place of a plat—a record of survey map that illustrates the boundaries of the parcels.

3.

If the City approves a subdivision application based on a record of survey map, the applicant shall record the map, signed by the City, with the County Recorder's Office.

4.

If a parcel resulting from a subdivision under this exception ever ceases to be used for agriculture, the subdivision shall become invalid. The City may, in its discretion, impose the penalty in Section 28-080 and/or require a subdivision amendment before issuing a building permit.

B.

Development Agreements.

1.

As explained in Chapter 33, the Planning Commission may require certain subdivision applications or elements of those applications to proceed as a Master Planned Development in the form of a development agreement with the City.

2.

Subdivisions platted in a valid development agreement are exempt from the application requirements and review and approval requirements (Sections 29-050 and 29-060) of this Title.

3.

Clauses in a valid development agreement with the City supersede all conflicting requirements in this Title, except where a clause in the development agreement poses a substantial danger to the health and safety of City residents.

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