These regulations shall hereafter be known, cited and referred to as the SUBDIVISION REGULATIONS OF CORINNE CITY, UTAH, or chapter 8 of the subdivision and master planned development code of Corinne City.

   A.   Control And Jurisdiction: It is hereby declared to be the policy of the town to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the town pursuant to the official comprehensive or general plan of the town for the orderly, planned, efficient and economical development of the town.

   B.   Public Services And Health, Safety And Welfare Protection: Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, landslide, subsidence, geologic and natural hazards, or other menace, and land shall not be subdivided and developed until available public facilities and improvements exist (or adequate guarantees are in place) and proper provision has been made for drainage, water, sewerage and capital improvements, such as schools, parks and recreation facilities, streets and transportation facilities, and related improvements. If necessary and required public facilities, infrastructure and safety protections are not in place or cannot be provided for, the subdivision and/or development will not be allowed.

   C.   Conformance With Town Plans And Standards: The existing and proposed public improvements shall conform and be properly related to the proposals shown in the general plan, streets master plan, official zoning map, and the capital budget and infrastructure improvement program of the town, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the international building and housing code, the subdivision and master planned development code, general plan, official zoning map, and capital budget and infrastructure improvement program of the town, as they may be adopted.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

These regulations are adopted for the following purposes:

   A.   To protect and provide for the public health, safety and general welfare of the town.

   B.   To guide the future growth and development of the town, in accordance with the comprehensive or general plan.

   C.   To provide for adequate light, solar access, open space, air, and privacy, to secure safety from fire, flood, landslides and other geologic and natural hazards, and other danger, and to prevent overcrowding of the land and undue congestion of population.

   D.   To protect the rural agricultural character (i.e., rights of farming 1 ) and the social and economic stability of all parts of the town and to encourage the orderly and beneficial development of all parts of the town.

   E.   To protect and conserve the value of land throughout the town and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

   F.   To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, streets, and other public requirements and facilities.

   G.   To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the town, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.

   H.   To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land.

   I.   To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.

   J.   To prevent the pollution or degradation of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; to minimize site disturbance and the removal of native vegetation and soil erosion; and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land.

   K.   To preserve the natural and rural agricultural beauty and topography of the town, and to ensure appropriate development with regard to these valued natural, historical, cultural, character, and quality of life features.

   L.   To provide for open spaces through the most efficient design and layout of the land, including the use of flexible density or cluster type zoning in providing for minimum width and area of lots, while preserving the density of land as established in the subdivision and master planned development code.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   State Law: By authority of ordinance of the town council of Corinne City (hereinafter referred to as "town council"), adopted pursuant to the powers and jurisdictions vested through Utah Code Annotated section 10-9a-601 et seq., as amended, and other applicable laws, statutes, ordinances and regulations of the state, the town council hereby exercises the power and authority to review, approve and disapprove plats for the subdivision of land within the corporate limits of the town, which show lots, blocks or sites, with or without new streets or highways.

   B.   Existing Subdivisions: By the same authority, the town council does hereby exercise the power and authority to pass and approve development in subdivisions of land already recorded in the office of the county recorder if such are entirely or partially undeveloped.

   C.   Undeveloped Subdivision Definition: The subdivision shall be considered to be entirely or partially undeveloped if:

      1.   Said plat for subdivision has been recorded with the county recorder's office without a prior approval by the town council; or

      2.   Said plat for subdivision has been approved by the town council where the approval has been granted more than three (3) years prior to granting a building permit, on the partially or entirely undeveloped land and the zoning regulations, either bulk or use, for the district in which the subdivision is located, have been changed subsequent to the original final subdivision approval.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Scope: These subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the corporate limits of the town.

   B.   Requirements Prior To Subdividing: No land shall be subdivided within the corporate limits of the town until:

      1.   The subdivider or his agent shall submit a sketch plat of the parcel to the planning commission through the chairperson of the planning commission;

      2.   Obtained written approval of the sketch plat and preliminary and final approval of the plat itself by the planning commission and town council; and

      3.   The approved plat is filed with the county recorder.

   C.   Permits Issued Upon Conformity: No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations or approved under a prior subdivision ordinance, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the applicable town regulations.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   In order that land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Minimum Requirements: In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

   B.   Conflict With Public And Private Provisions:

      1.   Public Provisions: These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

      2.   Private Provisions: These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the conditions of the planning commission or the town in approving a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and conditions imposed; provided, however, that the town is under no obligation to enforce private covenants.

   C.   Separability: If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The town council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the town under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the town, except as shall be expressly provided for in these regulations.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Upon the effective date hereof according to law, the original subdivision ordinance of Corinne City, Utah, as previously adopted and as amended, is hereby repealed, except as to any design or construction standards and specifications not included or updated in this title and any other such sections expressly retained herein.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   For the purpose of providing the public health, safety and general welfare, the town council may from time to time amend the provisions imposed by the subdivision regulations. Public hearings on all proposed amendments shall be held by the planning commission and town council in the manner prescribed by law and outlined in chapter 1 of this title.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the town. The developer has the duty of compliance with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the town, and to the safety and general welfare of the future lot owners in the subdivision and of the community at large.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

The town council may, on its own motion, or pursuant to a petition, consider at a public hearing any proposed vacation, alteration or amendment of a subdivision plat, or any street, lot, alley or public use area contained in a subdivision plat, as provided in Utah Code Annotated sections 10-9a-608 through 10-9a-609, as amended. If a petition for vacation, alteration or amendment is filed, a public hearing shall be held within forty five (45) days of the date of filing.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   General: Where the board of adjustment finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured; provided, that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the board of adjustment shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case and that the intent outlined in this title has been satisfied.

   B.   Conditions: In approving variances, the board of adjustment may require such conditions that will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.

   C.   Procedures: A petition for any such variance shall be submitted in writing in accordance with the subdivision and master planned development code and on a letter of application provided to the town by the subdivider at the time the preliminary plat is filed or submitted. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Duties: It shall be the duty of the planning commission to enforce these regulations and to bring to the attention of the town attorney and town council any violations or lack of compliance herewith.

   B.   Sale Restrictions: No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the planning commission and town council in accordance with the provisions of these regulations, and filed with the county recorder.

   C.   Evasion And Adjustments: The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading these regulations, shall not be permitted, except that the town may approve metes and bounds descriptions for purposes of lot line adjustments, resolving conflicting boundary descriptions, and the recombination of old historically platted properties located within the town. All such described subdivisions shall be subject to all of the requirements contained in these regulations.

   D.   Permitting Restriction: No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.

   E.   Violations And Penalties: Any person, firm or corporation who fails to comply with, or violates, any of these regulations shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code.

   F.   Civil Enforcement: Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties described above.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

   A.   All Plats Comply: Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of application, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the subdivision and master planned development code rendering the plat nonconforming as to bulk or use, provided the final approval is obtained within the permitted time frame.

   B.   Classification Of Subdivisions: 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 authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure:

      1.   Simple Lot Subdivision: Pre-application meeting (optional), final subdivision record of survey.

      2.   Subdivision: Pre-application meeting (optional), preliminary plat with subdivision improvement plan, and final subdivision plat.

   C.   Official Submission Dates: The date of submittal occurs when a complete application, which includes all required submittal contents, is formally submitted to the City. The date of an incomplete submittal shall not be considered.

   D.   Phasing Plan Required:

      1.   When Phasing Plan Required: For large developments that will be constructed in phases, the developer shall submit a phasing plan to address public improvements and the timing of development. This plan shall be submitted as part of the Preliminary Plan submittal contents and shall be reviewed by the Administrative Land Use Authority as part of the approval process.

      2.   Phasing Plan Requirements: A phasing plan shall include:

         a.   A map showing the general location of the phases and public infrastructure to be included with each phase

         b.   The number of units or parcels to be developed in each phase and the timing of each phase.

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

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

      3.   Phasing Consistency: If the subdivision is in an area covered by an approved master planned development which has a phasing plan, the phasing plan for the subdivision shall be consistent with the phasing plan for the master planned development.

      4.   Performance Guarantee: The Planning Commission may agree to divide the performance guarantee into phases, consistent with the phasing plan. The improvements and cost estimate per phase shall be in such amount as is commensurate with the phase and may defer the remaining required performance guarantee principal amount until the remaining phases of the plat are offered for filing.

      5.   Revisions: A developer may request a revision of the phasing plan which may be necessary due to such conditions as changing market conditions, inclement weather or other factors.

      6.   Approval: For a phasing plan to be approved, the Administrative Land Use Authority shall determine that the phasing plan securely demonstrates that all required public facilities and infrastructure shall be adequately provided for each phase, without the need to rely on construction planned in subsequent phases. If this cannot be determined, the Administrative Land Use Authority shall deny the phasing plan.

(Ord. 25-01, 2-18-2025)

   A.   A lot or parcel resulting from a division of agricultural land is exempt from the subdivision plat requirements of this Section, as per Utah Code Annotated section 10-9a-605(2), if the lot(s):

      1.   Qualifies as land in agricultural use under Utah Code Annotated section 59-2-5 Farmland Assessment Act;

      2.   Is not used and will not be used for nonagricultural purposes; and

      3.   Meets the minimum size of six (6) acres.

   B.   The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a Record of Survey map that has received the approval of the Zoning Administrator, Building Official and the same Administrative Land Use Authority as a Preliminary Plat.

   C.   If a lot or parcel exempted as agricultural land is used for nonagricultural purposes as defined by the Farmland Assessment Act, the City shall require the lot or parcel to comply with the related plat requirements of this Section.

   D.   When the above requirements have been met, the property owner shall file the Record of Survey with the County Surveyor within fourteen (14) days of approval.

   E.   A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel, nor the parcel remaining from the division or partition violates the provisions of Corinne City Code.

(Ord. 25-01, 2-18-2025)

   A.   To make a property boundary adjustment (i.e., parcel or lot line adjustment), a property owner shall meet the requirements of Utah Code Annotated section 10-9a-523.

   B.   To execute a boundary line agreement, a property owner shall meet the requirements of Utah Code Annotated section 10-9a-524.

(Ord. 25-01, 2-18-2025)

A Simple Lot Subdivision is a metes and bounds record of survey, as outlined in Utah Code Annotated section 10-9a-605, that is exempted from completing the Preliminary and Final Plat Subdivision process. If a proposed subdivision cannot meet these standards, the applicant will instead need to complete the Preliminary and Final Plat Subdivision process.

   A.   Simple Lot Subdivisions may be approved for subdivisions of six (6) or fewer single family residential lots where those lots conform to lot size, dimensions, frontage, and all other applicable zoning standards.

      1.   The lot frontage shall be along an existing developed street.

      2.   The existing public street is, or public streets are, already built to city standards, with no additional street improvements required.

      3.   All required utilities are adjacent to each proposed lot and no additional public infrastructure improvements are required.

      4.   The owners of individual lots shall be responsible for installing individual laterals at the time of building permit.

   B.   To qualify for a Simple Lot Subdivision division, the following shall be true:

      1.   The parcel is not traversed by the mapped lines of a proposed street as shown in the general plan or any transportation plans;

      2.   The parcel is located in a residential or agricultural zone;

      3.   The proposed Simple Lot Subdivision has been approved by the respective culinary water and sanitary sewer authority; and

      4.   The division conforms to all applicable Land Use Ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable Land Use Ordinance.

(Ord. 25-01, 2-18-2025)

Application for Simple Lot Subdivision Plat approval can be made by submitting a complete application to Corinne City. The following materials are required for a complete application:

   A.   Payment of the application fee.

   B.   A PDF file of the Record of Survey Map to the City in a format approved by the City and County. The Record of Survey Map shall contain the following:

      1.   All applicable required elements as outlined in Utah Code Annotated section 17-23-17;

      2.   A statement that "All drinking water and any pressurized irrigation lines up to and including the meter, all sanitary sewer mains, all electric meters, and all electric and communication service lines up to the mast on overhead installations and to the top of the meter base for underground installations are dedicated to Corinne City.";

      3.   A statement that "All public utility easements shown hereon are in perpetuity for installation, maintenance, repair, and replacement of public utilities, public walls, fences, sidewalks, trails, and appurtenant parts thereof and the right to reasonable access to grantor's easement shall run with the real property and shall be binding upon the grantor and the grantor's successors, heirs and assigns.";

      4.   All offsite easements required to provide services or utilities to the project shall be recorded with the County Recorder's office prior to or in conjunction with the Simple Lot Subdivision recordation.

   C.   The following documents must accompany the Simple Lot Subdivision, as determined by the City Engineer:

      1.   Soils Reports: A soils report shall provide a detail of lot by lot summary addressing finished floor elevation including basements. The report shall include a minimum height factor for peak month in a wet year.

      2.   Storm Water Plan: The developer shall provide a final drainage plan and report according to the Storm Water Drainage Design Manual.

      3.   Mass Grading Plan: The developer shall provide a final subdivision grading plan showing each individual property. The site shall be designed to eliminate flooding or standing water on any private property.

(Ord. 25-01, 2-18-2025)

   A.   Pre-Application Meeting: An applicant may request a pre-application meeting to discuss the procedure for approval and obtain guidance on compliance with subdivision regulations. At the pre-application meeting, the applicant shall be prepared to discuss:

      1.   General layout of lots, streets and street improvements, circulation and access, drainage, water, sewer, fire protection

      2.   Natural hazards and mitigation measures

   B.   Submittal: The applicant shall submit a complete application including all submittal contents.

   C.   Review: The City will review the submission and notify the applicant of any changes that must be made.

   D.   Expiration: A Simple Lot Subdivision application expires if the applicant does not provide a complete resubmittal within twelve (12) months from the time review comments are provided.

   E.   Resubmittal: Once required corrections are made, a PDF file of the record of survey map must be submitted to the City. The City shall review the resubmittal. Once the individuals reviewing the submittal on behalf of the City have determined that the submittal meets all requirements, the application shall be forwarded to the Planning Commission for approval.

   F.   Approval: At a regular public meeting, the Planning Commission shall approve the Record of Survey if it is found to meet all requirements. The Planning Commission shall deny or remand the application if it is found to not meet or include all requirements.

   G.   Filing: Following approval by the Planning Commission, the Simple Lot Subdivision Record of Survey bearing all official approvals shall be filed with Box Elder County.

      1.   Only the City may file the Record of Survey.

      2.   A Written Certificate of Approval, stating that the City has approved the Record of Survey, shall accompany the filing. The certificate shall include a signature by the Planning Commission Chair and the City Clerk/Recorder. This shall be recorded at the Office of the County Recorder on title of all subject parcels.

   H.   Expiration: Approval expires, and the Simple Lot Subdivision application must be resubmitted, if the Record of Survey is not filed within twelve (12) months of approval.

   I.   Inspection Fees: All inspection, testing and/or connection fees required by ordinance shall be paid and permits required shall be obtained prior to filing of the Simple Lot Subdivision Record of Survey. At a minimum, this shall include any County filing and recording fees.

(Ord. 25-01, 2-18-2025)

   A.   All building permits for the subdivision shall comply with any Development Soils Report and Mass Grading Plan, if applicable.

   B.   If located in a flood zone, flood elevation certificates shall be reviewed and approved by the City Engineer or his/her designee as required.

   C.   For purposes of water and sewer connections, the property line is defined as the property line of a lot or parcel of land that fronts on a dedicated street where water and sewer are located. Water will be considered at the property line in a simple lot subdivision if they are extended along the property line to the extent required by the City Engineer. Sewer will be run to the property by the developer or property owner.

   D.   No connection fees will be collected until such time as a building permit is issued to the property owner. The builder/property owner will bear the entire cost of installing the sewer line from the main line. This cost is in addition to the standard City sewer hookup fee. The City water hookup fee will normally cover the cost of installing the water line from the main line to the meter. Electricity continues to be required to be brought to the deeded property line of each lot or parcel. More than one lot or parcel can be serviced from one pole based on requirements as established by the electric contractor. A drop line must be at each lot, but a single line can feed more than one lot.

   E.   Building Permits: The City may issue a building permit once the Record of Survey is filed and all improvements which are necessary to meet the building and fire codes are installed and accepted by the City Engineer.

(Ord. 25-01, 2-18-2025)

This procedure is optional, at the discretion of the applicant, before application submittal of any preliminary or final plat.

   A.   An applicant for a subdivision may request a pre-application meeting with the City. At this meeting, the City will provide:

      1.   Information on accessing applicable land use ordinances;

      2.   A complete list of standards required for the project;

      3.   Preliminary and final application checklists; and

      4.   Feedback on the concept plan.

   B.   With regard to a pre-application meeting, the following shall apply:

      1.   The applicant shall submit a concept plan for staff review.

      2.   The municipality shall, within fifteen (15) business days after the request, schedule the meeting to review the concept plan and give initial feedback.

      3.   At the pre-application meeting, the City shall provide or have made available on the municipal website the following:

         a.   Copies of the applicable land use regulations.

         b.   A complete list of standards required for the project.

         c.   Preliminary and Final Plat checklist.

      4.   Pre-application review of a concept plan does not create any vested rights and feedback on the concept plan does not grant or infer any official standing or approval. The applicant is responsible to adhere to the ordinance.

   C.   The Concept Plan shall include the following:

      1.   A plan of the entire project area showing:

         a.   The general layout of the proposed subdivision, overall project acreage, and relationship to adjacent properties.

         b.   The location of each proposed lot.

         c.   The dimensions and size of each lot.

         d.   The location, width and general configuration of proposed roads in the subdivision.

         e.   Major canals and water sources in the vicinity.

      2.   Brief written statement or oral presentation in sufficient detail that the intent of the subdivider is clear to those who review the proposals.

         a.   Current and proposed zoning.

         b.   Proposed use of the property.

         c.   Manner for complying with the improvement guarantee and any other public improvements.

      3.   Feasibility:

         a.   Review of available water resources and water and sewer connections.

      4.   Any phasing plan, if applicable.

(Ord. 25-01, 2-18-2025)

   This chapter outlines the process to submit and review preliminary plans and the accompanying subdivision improvement plan. The intention is for the definitions and process for application, review, and approval to follow Utah Code Annotated 10-9a-604 et seq.

   A.   Prior Approvals: If the application requires legislative approvals, such as a zone change, annexation, general plan amendment, right of way or easement vacation, or any other legislative action, the legislative approval shall be completed prior to submittal of the preliminary plan application.

      1.   The City Council may grant an approval contingent on completion of the subdivision process within a given time frame.

   B.   Optional Pre-Application Meeting: Prior to submitting a Preliminary Plan, the applicant may request a Pre-Application Meeting to review the Concept Plan with applicable City staff or representatives, as outlined in the prior chapter.

   C.   Application Provided: The City shall provide, or have available on the City website, each of the following:

      1.   The Preliminary Plan application.

      2.   The owner's affidavit.

      3.   A breakdown of application fees.

      4.   A copy of the applicable land use ordinance.

      5.   Complete list of standards required for the project.

      6.   Preliminary Plan drawings checklists.

   D.   Submittal: To apply for Preliminary Plan approval, applicants must follow instructions on the form provided by the City and submit all required materials, including:

      1.   Complete Preliminary Plan application.

      2.   Owner's affidavit.

      3.   An electronic copy of all plans in a PDF format.

      4.   Preliminary and Subdivision Improvement Plan drawings.

      5.   Payment of all Preliminary Plan fees.

      6.   All other required details, specifications, information, permits, will-serve letters, and other information as detailed in City Code, City development standards, and any regulations by other applicable jurisdictions.

   E.   Check For Completeness: The City will review the submission for completeness.

      1.   If the submittal includes all materials, the City receives the submittal and starts the first review cycle.

      2.   If the submittal is found to be incomplete, the submittal is returned to the applicant. No review shall commence until the City has made a determination that the application is complete.

   F.   Water Conveyance Facilities: If the location is within one hundred feet (100') of a water conveyance facility, within twenty (20) calendar days after receipt of the completed application, the City shall notify in writing the Water Conveyance Facility Owner(s) of the Application and request comments related to the following aspects of the water conveyance facility: access, maintenance, protection, safety, and any other issues related.

      1.   Any Water Conveyance Facility shall have at least twenty (20) days to respond. While the City may provide comments to the applicant before this twenty (20) day window is complete, the Administrative Land Authority shall not grant approval until after at least twenty (20) days after the day on which the City mailed notice to the Water Conveyance Facility.

      2.   Water Conveyance Facility: Shall mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or stormwater drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. See Utah Code Annotated section 73-1-15.5-1b.

   G.   City Review Time Frame: Within forty (40) days the City shall complete a review of the preliminary plan and subdivision improvement plan, except as follows:

      1.   Geological Hazard Areas: The review cycle dates restrictions and requirements do not apply to the review of subdivision applications affecting property within identified geological hazard areas.

      2.   Land Uses: The review cycle number of days only applies to single family, two family, and townhome developments. It does not apply to other land uses, such as commercial, industrial development, or other multifamily development.

   H.   Determination of Corrections Required: After review, the City will determine if the completed application meets all requirements or requires corrective actions and shall notify the applicant in a written response. This marks the end of the respective review cycle.

      1.   Application Requires Corrections: If the application is found to require corrections, the City must be specific and cite the ordinance, statute, or specifications that require the modification. Comments shall be logged in an index of requested modifications or additions. The required corrections are sent to the applicant to prepare a resubmittal.

      2.   Additional Information Required: The City may require additional information relating to the applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements.

      3.   Application Meets All Standards: If the applicant is found to meet all codes, standards, and specifications, the application is forwarded to the Administrative Land Use Authority for review and approval.

   I.   Application Expiration: An application is expired if the applicant does not respond to a request for corrections by submitting a complete resubmittal within twelve (12) months.

   J.   Resubmittal: After receiving the list of required modifications or additions, the applicant's resubmittal shall include a written explanation in response to each of the municipality's review comments, identifying and explaining the applicant's revisions or reasons for declining to make the revisions.

      1.   New Review Cycle: An applicant's resubmittal shall constitute a new review cycle.

   K.   Check For Completeness: The City shall review the resubmittal to ensure the applicant has responded to each item logged in the index of requested modifications or additions.

      1.   If the response does not address each item, the City shall return the submittal to the applicant.

   L.   City Review Of Resubmittal:

      1.   Time Frame: The time frame to complete the review depends on how quickly the applicant was able to respond to the corrections in full and if the applicant made any material changes.

         a.   If the applicant responded within forty (40) days, the City has forty (40) days to complete the second review cycle.

         b.   If the applicant responded after forty (40) days, the City has sixty (60) days to complete the second review cycle.

         c.   If the applicant made a material change that merits a new review, then the review shall restart at the first review cycle as it relates to the new material.

      2.   Land Uses: The review cycle number of days only applies to single family, two family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or other multifamily development.

      3.   New Corrections: If the City neglected to include a required change or correction in the initial review process, the modification or correction can only be imposed on subsequent reviews if it is necessary to protect public health and safety or to enforce state or federal law.

      4.   Determination Of Corrections Required: At the end of the City's review, the City shall make a determination of corrections required, if any, as outlined in subsection (H).

   M.   Fourth Review Cycle: An application for Preliminary Plan and Subdivision Improvement Plan approval shall not exceed four (4) review cycles.

      1.   Fourth Review: If, after the fourth (4) review cycle the application is found to not meet all required corrections, the application shall be forwarded to the Administrative Land Use Authority for review with a recommendation that the application does not meet all codes, standards, and specification.

         a.   Appeal: The applicant may appeal this determination as outlined in Utah Code 10-9a-604.2(11), as amended.

   N.   Application Ready For Approval: If the City determines that the resubmittal is now complete and meets all codes, standards, and specifications, the resubmittal shall be forwarded to the Administrative Land Use Authority to complete the review.

      1.   If the City finds the resubmittal does not comply with all applicable codes, standards, and specifications, another review letter and index of requested modifications or additions shall be created and sent to the applicant.

         a.   This shall be provided to the applicant up until the fourth review cycle, at which point the application shall be forward or to the Administrative Land Use Authority for review with a recommendation that the application does not meet all codes, standards, and specification. The applicant may appeal this determination as outlined in Utah Code Annotated section 10-9a-604.2(11), as amended.

   O.   Dispute Of Determination: If, on the fourth and final review, a municipality fails to respond within forty (40) business days, the municipality shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received:

      1.   Subdivision Improvement Plan Dispute: For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code Annotated section 10-9a-508(5)(d) to review and approve or deny the final revised set of plans; or

      2.   Preliminary Plan Dispute: 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 a designated appeal authority.

   The appeal authority shall be the City Council.

(Ord. 25-01, 2-18-2025)

   A.   Each Preliminary Plan shall be accompanied by a filing fee in the amount established in the fee schedule by the City Council.

   B.   Each Preliminary Plan and Subdivision Improvement Plan shall contain all required items included in this Title, including Article E "Subdivision Submittal Requirements."

(Ord. 25-01, 2-18-2025)

   A.   Administrative Land Use Authority: The Administrative Land Use Authority shall be the Planning Commission.

      1.   Unless otherwise required under Utah State Code, no public hearing shall be held.

   B.   Approval: If the Administrative Land Use Authority finds the applicant has completed all requirements addressed during review, and the proposed plat and subdivision improvement plan comply with the requirements of this Title and all adopted standards and specifications, then it shall approve the Preliminary Plan and Subdivision Improvement Plan.

   C.   Corrections Required: The Administrative Land Use Authority shall remand the application back to the applicant for a new review cycle, unless the applicant has already completed four (4) review cycles, if the Administrative Land Use Authority finds that either:

      1.   The applicant has not completed all requirements as outlined in the review index, or

      2.   The application does not address all requirements, and although the item was not addressed in the first review, the requirement relates directly to public health and safety.

   D.   Denial: The Administrative Land Use Authority shall deny the application if either:

      1.   The applicant is unwilling to make required corrections or provide required information.

      2.   The application has completed the fourth (4) review cycle and the applicant has failed to meet the stated requirements.

(Ord. 25-01, 2-18-2025)

   A.   Approval of the Preliminary Plan by the City shall be valid for a period of twelve (12) months after approval.

      1.   If an applicant has not submitted a complete application for Final Plat approval within twelve (12) months, the Preliminary Plan and Subdivision Improvement Plan approval is deemed to have lapsed.

      2.   For a Preliminary Plan with multiple phases, the Plan remains active provided a Final Plat is recorded at least every twenty four (24) months. If a Final Plat has not been recorded within the twenty four (24) month period, the Preliminary Plan must again be submitted to the City for re-approval.

(Ord. 25-01, 2-18-2025)

   A.   Time Frame: Within twelve (12) months after approval of the Preliminary Plan and Subdivision Improvement Plan the applicant must make a complete Final Plat submittal.

   B.   Pre-Application Meeting: An applicant may request a pre-application meeting. If so, the City and the applicant follow the provisions of Corinne City Code 9-8B-3 before proceeding to the next step.

   C.   Application Provided: The City shall provide, or have available on the City website, each of the following:

      1.   The Final Plat application.

      2.   The owner's affidavit.

      3.   A breakdown of application fees.

      4.   A copy of the applicable land use ordinance.

      5.   Complete list of standards required for the project.

      6.   An electronic copy of all plans in PDF format.

   D.   Application is made by following instructions on the form provided by the City and submitting all required materials, including the following:

      1.   A (PDF) file of the plat.

      2.   All fees for the Final Plat application are due upon filing the application.

      3.   All other information required on the Final Plat Checklist and necessary to determine compliance with this code and all applicable regulations.

   E.   Check For Completeness: The City checks the submittal for completeness.

      1.   If the submittal includes all materials, the City receives the submittal and starts the review.

      2.   If the submittal is found to be incomplete, the submittal is returned to the applicant. No review shall commence until the City has made a determination that the application is complete.

   F.   City Review Time Frame: After a determination that the application submittal is complete, the City begins its review. The City has a thirty (30) day review window to conduct its review and provide comments to the applicant.

      1.   Land Uses: The review cycle number of days only applies to single family, two family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or other multifamily development.

   G.   Water Conveyance Facilities: If the location is within one hundred feet (100') of a water conveyance facility, within twenty (20) calendar days after receipt of the completed application, the City shall notify in writing the Water Conveyance Facility Owner(s) of the Application and request comments related to the following aspects of the water conveyance facility: access, maintenance, protection, safety, and any other issues related.

      1.   Any Water Conveyance Facility shall have at least twenty (20) days to respond. While the City may provide comments to the applicant before this twenty (20) day window is complete, the Administrative Land Use Authority shall not grant approval until after at least twenty (20) days after the day on which the City mailed notice to the Water Conveyance Facility.

      2.   Water Conveyance Facility: Shall mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or stormwater drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. See Utah Code Annotated section 73-1-15.5-1b.

   H.   Attorney Review: During review, the City Attorney shall review the Final Plat and shall recommend approval if the attorney finds that:

      1.   There is a current title opinion from a licensed title company showing that the person dedicating the property described on the Final Plat is the title owner as shown on the records of the Box Elder County Recorder's Office.

      2.   The performance bond, escrow deposit, letter of credit, or trust deed with the City is in appropriate form and signed by the necessary parties.

      3.   The dedication is accompanied by all formal irrevocable offers of dedication to the public of all required streets, City uses, utilities, parks and easements, in a form approved by the City attorney; and the subdivision plat shall be marked with a notation indicating the formal offers of dedication, as follows:

         a.   The owner, or their representative, hereby irrevocably offers for dedication to Corinne City all the streets, land for local government uses, easements, parks and required water and sewer utilities and easements shown on the subdivision plat and construction plans in accordance with an irrevocable offer of dedication.

      4.   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 title policy for the City in the sum not less than ten thousand dollars ($10,000.00), which sum shall be determined by the City attorney and/or engineer before signing of the final subdivision plat.

      5.   That the subdivision does not, in the attorney's opinion, violate any ordinance of the City or the laws of the State of Utah of the rules and regulations promulgated pursuant thereto.

   I.   Determination Of Corrections Required: Within the review window specified in subsection (F) the City shall complete a review of the Final Plat and all submittal content and provide a response to the applicant. The City shall determine whether the completed application meets all requirements or requires corrective actions and shall notify the applicant in a written response.

      1.   Application Requires Corrections: If the application is found to require corrections, the City must be specific and cite the ordinance, statute, or specifications that require the modification. Comments shall be logged in an index of requested modifications or additions. The required corrections are sent to the applicant to prepare a resubmittal.

      2.   Additional Information Required: The City may require additional information relating to the applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications.

      3.   Application Meets All Standards: If the applicant is found to meet all codes, standards, and specifications, the application is forwarded to the Administrative Land Use Authority for review and approval.

   J.   Application Expiration: An application is expired if the applicant does not respond to a request for corrections by submitting a complete resubmittal within twelve (12) months.

   K.   Resubmittal: If corrections were required, the applicant shall provide a resubmittal. The resubmittal shall include a written explanation in response to each of the municipality's review comments, identifying and explaining the applicant's revisions or reasons for declining to make the revisions.

   L.   Check For Completeness: The City shall check the resubmittal to ensure that the applicant has responded to each item logged in the index of requested modifications or additions. If the response does not address each item, the City shall return the submittal to the applicant.

   M.   Time Frame To Review: If the resubmittal is complete, the City shall review the application and provide written comments within the applicable review window, as outlined in subsection (F).

      1.   Land Uses: The review cycle number of days only applies to single family, two family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or other multifamily development.

   N.   Determination Of Corrections Required: At the end of the City's review, the City shall make a determination of corrections required, if any, and take action as outlined in subsection (I).

   O.   Dispute Of Determination: If, on the fourth and final review, the City fails to respond within forty (40) business days, the City shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received:

      1.   Advise the applicant, in writing, of the deficiency in the application and the right to appeal the determination to a designated appeal authority.

         a.   The appeal authority shall be the City Council.

(Ord. 25-01, 2-18-2025)

   A.   The developer shall submit a complete application and include all items required in this Title, including Article E "Subdivision Submittal Requirements."

   B.   The mylar shall meet the requirements of the Box Elder County Surveyor and Recorder, in addition to Corinne City Code.

   C.   The developer must submit a mylar of the Final Plat to the City in a format approved by the City and County Recorder's Office.

(Ord. 25-01, 2-18-2025)

   A.   Ready For Final Approval: Once all reviewing City staff have found the Final Plat to be in conformity, the plat will be submitted to the Administrative Land Use Authority for approval.

      1.   An applicant may submit the reviewed plat to the Box Elder County GIS Department for review prior to final approval and recordation.

   B.   Land Use Authority: For Final Plat approval, the Administrative Land Use Authority shall be a staff member or other individual or board appointed by the City. The Administrative Land Use Authority may not be, nor include any members of, the City Council or Planning Commission and no public hearing shall be held.

      1.   No public hearing may be held for the subdivision Final Plat approval.

   C.   Approval: The Land Use Authority shall approve the Final Plat if it finds:

      1.   The proposed plat complies with the requirements of City Code, Utah Code Annotated, and all other applicable policies and regulations.

      2.   The plat has been approved by all regulatory bodies, such as a culinary water authority, or sanitary sewer authority, or County Health Department, as applicable.

   D.   Denial: The Land Use Authority may deny or remand the proposed Final Plat if:

      1.   The Land Use Authority finds the applicant has not provided a complete, accurate, and satisfactory response to all comments during review and any other point of non-compliance with applicable regulations.

      2.   The applicant is unwilling to make required corrections or provide required information.

   E.   Appeal: Any appeal shall be consistent with the provisions of Utah Code Annotated section 10-9a-604.2.

   F.   Signing The Plat: If approved, the Mayor, Planning Commission Chair, City Engineer, and City Recorder shall sign the Final Plat. This may be postponed if the applicant is constructing improvements at will.

      1.   Utility providers shall be provided with the opportunity to sign the mylar, but are not required to do so.

   G.   Subdivider Posts Performance Guarantee: Upon approval by the Administrative Land Use Authority, the subdivider shall either:

      1.   Proceed to post or make arrangements suitable to the City for posting a bond or other financial assurance guaranteeing construction of the required improvements. Said performance guarantee shall be in conformance with the provisions of City Code and Utah State Code.

      2.   Install all required improvements. The Planning Commission Chair and Mayor shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the City as shown by a certificate signed by the City Engineer and City Attorney that the necessary dedication of public lands and improvements has been accomplished.

   H.   All inspection, testing and/or connection fees required by ordinance shall be paid and permits required shall be obtained prior to the recording of the Final Plat.

   I.   Correcting Mistakes At Recordation: The City Engineer may approve minor modifications to approved Final Plats before the Final Plat is recorded if the Engineer finds the proposed modifications are in line with the intent of the approval and do not jeopardize the interest of the City or adjoining property owners.

      1.   The types of minor amendments contemplated in this section include legal description mistakes, surveyor errors-such as tie in description mistakes, typos, and items agreed to that should have been included in writing on the Final Plat. Any substantive change requires reapproval.

   J.   Recording: Following approval, the City shall deposit the Final Plat, bearing all official approvals, in the office of the Box Elder County Recorder for recording.

      1.   Only the City may record Final Plats.

      2.   The Final Plat must be recorded within one (1) year of approval. If the Final Plat is not recorded within one (1) year of plat approval, the approval expires and the plat must be resubmitted.

      3.   Upon the recording of the plat, the owner may thereafter proceed to convey title to the lots as described by the plat.

   K.   Releases Of Performance Guarantees: All partial and final releases of performance guarantees shall be approved by action of the City in accordance with the provision of this title, as applicable. The granting of the final release by the City Council shall constitute the acceptance of the improvements by the City.

   L.   Release Of Durability Retainer: At the conclusion of the durability guarantee period and subject to compliance with the provisions of this title, the City Council shall authorize the release of the improvements durability from any obligation with respect to the improvements.

   M.   Phasing Plans: When a phasing plan has been approved by the Planning Commission during the Preliminary Plan approval, the performance guarantee may be divided into phases as outlined in the approved phasing plan. The developer may file irrevocable offers to dedicate streets and public improvements only in those sections submitted to be recorded and defer dedication for the remaining phases until such phases, subject to any additional conditions imposed by the Planning Commission, and offers shall be granted concurrently with final approval of the balance of the plat. The approval of all remaining phases not being recorded with the county recorder shall automatically expire unless such phases have been approved for recording by the Planning Commission, all fees paid, all instruments and offers of dedication submitted and performance guarantees approved and actually recorded with the county recorder within one year of the date of final subdivision approval of the subdivision plat.

   N.   Vested Rights: Vesting for purposes of zoning occurs upon the filing of a complete application. Any vesting shall terminate with the expiration of any application or approval, as outlined in this Title.

(Ord., 1-18-2005; Ord. 25-01, 2-18-2025)

   A.   Completion Of Improvements: Applicants shall be required to complete all the street, sanitary sewer, water and other improvements (i.e., storm drainage, trails, sidewalk, curb, gutter, street signs, etc.), including lot improvements on the individual lots of the subdivision and to dedicate all applicable public improvements to the local government involved in the project, including any water right transfers to the City, conservation easements or dedications of public lands to land trusts, free and clear of all liens and encumbrances on the property and public improvements thus dedicated.

   B.   Performance Guarantees:

      1.   As an alternative, the applicant may post an acceptable guarantee (in accordance with the supplementary regulations of this title) at the time of application for final plat approval in an amount estimated by the City Engineer, as sufficient to secure to the City the satisfactory construction, installation and dedication of the uncompleted portion of required improvements. The posting of guarantees are in lieu of actual construction and are therefore established for the benefit of and inure to the public at large and, as such, are not to be used for satisfying contractor or mechanics liens or other unrelated obligations. The performance guarantee shall also secure all lot improvements on the individual lots of the subdivision as may be required. Such performance guarantee shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution as set forth in the subdivision and master planned development code.

      2.   The period within which required improvements must be completed shall be specified in the resolution approving the final subdivision plat and shall be incorporated in the guarantee and shall not in any event exceed two (2) years from date of final approval. Such guarantee shall be approved by the City with surety and conditions satisfactory to them.

      3.   In the event the applicant's ability to post an acceptable guarantee is dependent upon prior recordation of the plat due to requirements of the interstate land sales act or other federal law or regulations, the City may authorize plat approval and recordation upon receipt from the applicant of an executed and acknowledged agreement signed by all owners of fee, leasehold, contract and security interests in the subject property, in the form of a restrictive covenant that the applicant will not sell, lease or otherwise convey any lot, parcel or portion of a lot of the subject property unless he shall first, as a condition precedent thereto, satisfy the foregoing requirements of this article as applicable. The agreement shall be in recordable form, shall specifically provide that the encumbrance created shall be deemed to be a covenant running with the land, binding on applicant's successors and assigns, to install or guarantee installation of all required improvements, and to pay all costs, including attorney fees, which the City may incur in enforcing the terms and provisions of the agreement, and shall contain the express irrevocable consent of all signers to vacation of the recorded plat if the guarantee requirements have not been complied with within a specified time determined by the City Council of the date of recordation of the plat. The encumbrance posed by the agreement shall only be released upon compliance by the applicant or his successors with the provisions of this title and the agreement.

   C.   Temporary Improvement: The applicant shall build and pay for all costs of temporary improvements required by the City and shall maintain the same for the period specified. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable guarantee, in accordance with this title, for temporary facilities, which guarantee shall ensure that the temporary facilities will be properly constructed, maintained and removed.

   D.   Costs Of Improvements: All required improvements shall be made by the applicant, at their expense, without reimbursement by the City or any improvement district therein, and in accordance with related codes, fee schedules and ordinances.

   E.   Other Governmental Units: Other governmental units which develop within the City and to which these guarantees and contract provisions apply, may file in lieu of said contract or guarantees a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this title.

   F.   Failure To Complete Improvements: Where a performance guarantee has been posted and required improvements have not been installed within the terms of such performance guarantee, the local government may thereupon declare the guarantee to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the guarantee is declared to be in default.

   G.   Acceptance Of Dedication Offers: Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance of the City Council. Approval of the subdivision plat shall not be deemed to constitute or imply acceptance by the City Council of any street, easement or park shown on said plat.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   General Procedure And Fees: The applicant shall, in accordance with the City fee resolution, pay to the City an inspection fee, and the subdivision plat shall not be signed by the City unless such fee has been paid. These fees shall be due and payable upon demand of the City, and no building permits or certificates of occupancy shall be issued until all fees are paid. If the City Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the City construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance guarantee, the applicant and the issuing company shall be severally and jointly liable for completing the improvements according to specifications. Prior to commencement of construction on any public improvement or private improvement required to be built to public standards, the developer shall first obtain a notice to proceed from the Planning Commission.

   B.   Release Or Reduction Of Performance Guarantee:

      1.   Certificate Of Satisfactory Completion: Subject to maintenance provisions contained in section 9-8C-4 of this article, the City will not accept dedication of required improvements, or release or reduce a performance guarantee, until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the City Engineer, through submission of detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials, improvements and other information required, that the layout of the line and grade of all public improvements is in accordance with the approved construction plans for the subdivision and that a title insurance policy has been furnished to the City Attorney and City Engineer indicating that the improvements have been completed, are ready for dedication to the local government, and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the City Council shall thereafter accept the improvements for dedication in accordance with the established policy and procedure.

      2.   Reduction Of Performance Guarantee: A performance guarantee may be reduced upon actual completion and/or acceptance of public improvements and then only to the ratio that the public improvement accepted bears to the total public improvements for the plat. In no event shall a performance guarantee be reduced below the twenty five percent (25%) retainage of the principal amount until total completion.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Acceptance Of Escrow Funds: Whenever, by reason of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the building official may, nevertheless, issue a temporary certificate of occupancy, provided there is no danger to health, safety or general welfare, upon accepting a cash escrow deposit or letter of credit in an amount to be determined by the City Engineer for the cost of said improvements. The performance guarantee covering such lot improvements shall remain in full force and effect.

   B.   Procedures On Escrow Fund: All required improvements for which escrow monies or letters of credit have been accepted by the building official at the time of issuance of a certificate of occupancy, shall be installed by the developer within a period of nine (9) months from the date of deposit and issuance of the temporary certificate of occupancy. In the event that the improvements have not been properly installed at the end of the time period, the building official shall give two (2) weeks' written notice to the developer requiring him to install the same, and in the event that same are not installed properly in the discretion of the building official, the building official may request the City Council to authorize the City to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit or letter of credit. At the time of the issuance of the certificate of occupancy for which escrow monies/letters of credit are being deposited with the building official, the applicant shall obtain and file with the building official prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the building official to install the improvements at the end of the nine (9) month period in the event that the same have not been duly installed by the developer.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Prior To Completion: The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks until acceptance of said improvements by the City Council. If there are any certificates of occupancy on a street not dedicated to the City, the City may on twelve (12) hours' notice plow the street or effect emergency repairs and charge the same to applicant. The City will not normally accept water improvements or street improvements or assume responsibility for either general maintenance or snow removal until over fifty percent (50%) of the lots within the subdivision are built upon.

   B.   Warranty After Acceptance And Dedication: The applicant shall be required to file a maintenance guarantee with the City, prior to acceptance, in an amount considered adequate by the City Engineer and in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots, for a period of one year after the date of their acceptance by the City and dedication of same to the City.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Dedication Before Certificate Of Occupancy: Where a performance guarantee has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication of same to the City.

   B.   Street Improvements Guarantee: The extent of street improvements shall be adequate for vehicular access by the prospective occupant and by police and fire equipment, prior to the issuance of any occupancy permit. The developer shall, at the time of the dedication, submit monies in escrow or an acceptable letter of credit in a sum determined by the City Engineer for the necessary final improvement of the street.

   C.   Final Building Permits: No building permits shall be issued for the final ten percent (10%) of lots in a subdivision, or if ten percent (10%) is less than two (2), for the final two (2) lots of a subdivision, until all public improvements required for the plat have been fully completed and dedicated.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Violations Prior To Permit Issuance: No building permit or certificate of occupancy shall be granted or issued if a developer or his authorized agent shall have violated any federal, state or local law pertaining to consumer protection of real estate land sales, promotion or practices, or any applicable conflicts of interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent jurisdiction.

   B.   Revocation Of Permits And Certificates Of Occupancy: With respect to said lot or parcel of land, in the event a building permit or certificate of occupancy has been granted or issued, it shall be subject to revocation by the City until so ordered otherwise by a court of competent jurisdiction; provided, that in no event shall the rights of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation.

   C.   Penalties For Violation: Any violation of a federal, state or local consumer protection law (including, but not limited to, the postal reorganization act of 1970; the federal trade commission act of 1970; the interstate land sales full disclosure act; the truth in lending act; the uniform commercial credit code; state "blue sky" laws; state subdivision disclosure acts or conflicts of interest statutes, laws or ordinances), shall be deemed a violation of these regulations and subject to all of the penalties and proceedings as set forth in this title.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Conformance To Applicable Rules And Regulations: In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, adopted policy statements and regulations, as currently adopted:

      1.   All applicable statutory provisions.

      2.   The subdivision and master planned development code, sensitive lands overlay zone regulations, international building and related codes, design standards and specifications, and all other applicable laws of the appropriate jurisdictions.

      3.   The official streets master plan, the general plan, official zone map, trails master plan, public utilities plans, land use maps and capital improvements plan or any other local government having jurisdiction in the development, including all streets, trails, drainage systems and parks shown on the official map or general plan as adopted or amended for the subdivision.

      4.   The special requirements of these regulations and any rules of the county health department, fire department, Box Elder school district and/or appropriate state or federal agencies that may have jurisdiction in the project. Compliance with these agencies' regulations must be certified by letter to the City or signature on the applicable plats as provided for under this title.

      5.   The rules of the state department of transportation if the subdivision or any lot contained therein abuts a state highway or connection street.

      6.   The City design standards, construction specifications and standard drawings as may be in force and in effect, and any other standards and regulations adopted by the City Engineer and all boards, commissions, agencies and officials.

      7.   Plat approval may be withheld if a subdivision is not in conformity with the above guides or policy and purposes of these regulations as established in these regulations.

   B.   Self-Imposed Restrictions: If the owner places restrictions on any of the land contained in the subdivision greater than those required by this title or these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat or on restrictive covenants recorded with the county recorder in a form acceptable to the City Attorney.

   C.   Plats To Include Incorporated Land Only:

      1.   Lot lines and/or roads shall not be laid out so as to cross municipal boundary lines. All annexations shall comply with the current annexation policy plan.

   D.   Monuments: The applicant shall place permanent reference monuments in the subdivision as required herein or as otherwise approved by the City Engineer:

      1.   Monuments shall be constructed in accordance with the design standards, construction specifications and standard drawings and located on street right of way lines, at street intersections, angle points of curves and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.

      2.   All monuments shall be properly set in the ground and approved by a registered land surveyor prior to approval of the final plat, unless a performance guarantee is established in accordance with the provisions of this title.

   E.   Character Of Land And Unsuitability:

      1.   Land unsuitable for subdivision or development due to natural hazards, flooding, improper drainage, fire, steep slopes, rock formations, geologic hazards, potentially toxic wastes, adverse earth formations or topography, wetlands, utility easements, wildlife habitats that cannot be reasonably mitigated, or other natural features, including ridgelines and hilltops, which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed.

      2.   The development and land use may be made suitable if adequate methods are formulated by the developer and approved by the City, upon recommendation of a qualified planner or engineer hired by the developer and approval of the City Engineer, to solve or remedy the problems created by the unsuitable land conditions. The burden of proof shall lie with the developer to establish the viability of development in these sensitive or unsuitable areas. Unsuitable land shall be set aside or reserved for uses as shall not involve such a danger or severe environmental impact.

   F.   Subdivision Name: The proposed name of the subdivision and all roadways contained therein shall not duplicate, or too closely approximate phonetically, the name of any other subdivision or street in the area covered by these regulations or in Box Elder County. If there is disagreement with street names accepted by the City Engineer, the City Council shall have final authority to designate the name of the subdivision and to select street names.

   G.   Ridgeline And Hillside Development: Protection of ridges from development which would be visible on the skyline or from prominent areas or designated vantage points will be maintained. Hillside development which disturbs the rural agricultural character will be prohibited unless it can be shown that the development and improvements will be constructed or clustered in a way to minimize visual impacts.

   H.   Open Space: Units must be clustered in the most developable and least visually sensitive portions of the site with common open space corridors separating clusters. This applies to both multi-family and single-family, as well as commercial projects. The open space corridors should be designed to coincide with significant vegetation and in many cases, should be left in the natural state. Open space areas will be the maintenance responsibility of the homeowners unless dedicated to the City. Open space conservation easements dedicated in perpetuity to a qualified land trust are encouraged to prevent future development in valuable open space.

   I.   Roads, Utility Lines And Concurrency: Roads and all utility lines should be designed to work with the existing grade, and cut and fill slopes should be minimized. Roads and utilities should be placed so that disturbance of significant vegetation is minimized. All roads and utilities, whether on or off site, must be installed concurrently with the development.

   J.   Drainageways And Irrigation Ditches: Existing natural drainage and irrigation ditches or rights of way should be maintained and designed around. Notification and/or approval of irrigation companies for development may be required in certain circumstances as determined by the City if the development impacts irrigation works and/or access.

   K.   Soil Conditions: Consideration must be given to soil conditions and ground water existence, and may include appropriate setbacks and conservation requirements.

   L.   Trails And Sidewalks:

      1.   Trails and sidewalks should be provided to allow efficient internal circulation as well as links to adjacent trail systems on other properties. Existing trails should be maintained and incorporated into open space elements of the project. This may include trails for pedestrian, bicycle or equestrian circulation. Construction of new trails will be required concurrently with the installation of other public improvements.

      2.   Although required trails may not link to adjacent trails immediately, each trail is a vital part of an overall circulation plan. In most cases, the homeowners will be required to maintain the trails.

   M.   Limits Of Disturbance/Vegetation Protection: A separate plan which addresses limits of disturbance and vegetation protection during construction and revegetation of disturbed areas will be required. This shall include construction necessary for all project improvements, such as roads and utilities.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Lot Arrangement:

      1.   The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the international building code, this title, and in providing reasonable driveway access to buildings on such lots from an approved street.

      2.   In areas that are determined to be in high fire danger areas, the building sites shall be located or situated in areas of the development that are less hazardous or are naturally clear of the hazardous vegetation.

   B.   Building Sites: Building sites or envelopes shall be designed which minimize disturbance of existing vegetation.

   C.   Landscaping: The amount of common and private area available for formal landscaping may be restricted. Agricultural uses of open space will be encouraged using irrigation water for watering, not culinary water. Outside irrigation creates a significant water demand if using City culinary water and these types of irrigated areas may be limited in the design of the subdivision.

   D.   Limits Of Disturbance/Vegetation Protection: Limits of disturbance or building pad lines shall be shown on the preliminary and final plats if the staff determines that there is significant vegetation on the site or if it is important to clearly designate future building locations. "Significant vegetation" includes large trees of six inch (6") caliper or greater, groves of five (5) or more smaller trees, or clumps of trees, bushes or shrubs covering an area of fifty (50) square feet to the drip lines. A plan for vegetation protection during construction and revegetation after construction will also be required. A security will be required to be posted to ensure compliance with the limits of disturbance plan. Guidelines are as follows:

      1.   All construction activity must be contained within the limits of disturbance line, with the balance of the parcel remaining undisturbed. Access to the limits of disturbance area should be along the planned driveway.

      2.   Building pad lines may be specified on some plats instead of limits of disturbance. If building pad lines are designated, no part of the new construction may lie outside of the building pad line; however, construction disturbance may extend as far as ten feet (10') beyond the building pad line. Access to the building pad should be along the planned driveway.

      3.   The Planning Commission has the authority to vary the platted limits of disturbance or building pad line if such a variation results in less visual impact or more effective preservation of mature trees. In no case, however, should a variation in the limits of disturbance boundary result in an increase in the amount of buildable area.

      4.   Limits of disturbance or building pad lines with definitions approved by the staff must be reflected on the final plat. Because limits of disturbance or building pad lines are sometimes varied by the Planning Commission, the plat may not reflect the final location of the limits.

      5.   Limits of disturbance must be designated in the field prior to commencement of excavation with fencing or other methods approved by the Planning Commission.

   E.   Square Footage: Maximum dwelling or unit square footage will be required. Smaller parcels will be expected to limit building sizes significantly so that homes relate to the parcels upon which they are built. Limited building heights may also be required. Both the limitations of building square footages and building height will be required to be shown on recorded plats for the project.

   F.   Fire Sprinkling: Fire sprinkler systems may be required of all projects, whether single-family or multi-family, as determined by the fire official. This determination is based upon an analysis of the size of structures, vegetation surrounding the structures and location of the project as it relates to fire department response time.

   G.   Lot Dimensions: Lot dimensions shall comply with the minimum standards outlined in City Code. Where lots are more than double the minimum required area for the zoning district, the City may require that such lots be arranged as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with this title and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off street parking and loading facilities required for the type of use and development contemplated, as established in this title.

   H.   Double Frontage Lots And Access To Lots:

      1.   Double Frontage Lots: Double frontage and reversed frontage lots shall be avoided, except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation.

      2.   Access From Major And Secondary Arterials: Lots shall not, in general, derive access exclusively from an arterial or collector street. Where driveway access from an arterial or collector street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on arterials or collectors.

   I.   Soil Preservation, Grading And Seeding:

      1.   Topsoil Preservation And Final Grading: No final plat approval or certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lots recovered with topsoil with an average depth of at least six inches (6"), which shall contain no particles over two inches (2") in diameter, over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six inches (6") of cover on the lots and at least four inches (4") of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting. Slope stabilization and erosion control, as determined necessary by the City Engineer, will also be required to be installed according to the approved specification.

      2.   Lot Drainage: Lots shall be laid out so as to provide positive drainage away from all buildings in accordance with the international building code, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from any lot to adjacent lots.

      3.   Lawn-Grass Seed And Sod: All common open spaces shall be topsoiled and revegetated in accordance with this title to avoid erosion and improve the visual quality of the development. If revegetation is required in a development, at a minimum, lawn-grass seed shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land area. In the spring, the seed shall be sown between March 15 and May 15; and in the fall the seed shall be sown between August 15 and September 30. All common open spaces shall be seeded from the road shoulder edge of the unpaved right of way back to the lot line. No final plat approval shall be issued until respreading of soil and seeding of lawn has been completed; except that between October 1 and March 15, May 15 and August 15, the applicant shall submit an agreement in writing signed by the developer, with a copy to the Planning Commission, that respreading of soil and seeding of lawn will be done during the immediate following planting season as set forth in this subsection and leave a cash escrow or letter of credit for performance in such amount as shall be determined by the Planning Commission in accordance with this title. Sod may be used to comply with any requirement of seeding set forth herein.

   J.   Debris And Waste: Unless otherwise approved by the City Engineer and Planning Commission, no cut trees, timber, debris, earth, rocks, stones, soil, junk, trash, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of issuance of a certificate of occupancy, and removal of the same shall be required prior to issuance of any certificate of occupancy on a subdivision, nor shall any be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner.

   K.   Fencing: Each subdivider and/or developer shall be required to furnish and install fences wherever the Planning Commission determines that a hazardous condition may exist. The fences shall be constructed according to standards to be established by the Town Engineer and shall be noted as to height and material on the final plat. No certificate of occupancy shall be issued until said fence improvements have been duly installed.

   L.   Water Bodies And Watercourses: No more than twenty five percent (25%) of the minimum area of a lot required under the subdivision and master planned development code may be satisfied by land which is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installations of a culvert or other structure, of design approved by the City Engineer.

   M.   Performance Guarantee To Include Lot Improvements: The performance guarantee shall include an amount to guarantee completion of all requirements contained in this chapter, the supplemental regulations chapter of this title and in these regulations, including, but not limited to, soil preservation, final grading, lot drainage, landscaping, lawn-grass seeding, curb, gutter and sidewalk, removal of debris and waste, fencing, and all other lot improvements required by the Planning Commission. Whether or not a certificate of occupancy has been issued at the expiration of the performance guarantee, the City may enforce the provisions of the guarantee where the provisions of this section or any other applicable law, ordinance or regulation have not been complied with.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Frontage On Improved Roads: No subdivision shall be approved unless the area to be subdivided shall have frontage on and/or access from an existing public street, unless such street is:

      1.   An existing state or county highway; or

      2.   A street shown upon a plat recorded in the county recorder's office. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications or orders, or be secured by a performance guarantee required under these subdivision regulations, with the width and right of way required by these subdivision regulations or the streets master plan. Wherever the area to be subdivided is to utilize existing road frontage, such road shall be suitably improved as provided hereinabove.

   B.   Grading And Improvement Plan: Roads shall be graded and improved and conform to the City design standards, construction specifications and standard drawings as adopted, and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans required to be submitted prior to final plat approval. Prior to final plat approval, the City shall make the determination as to whether each street is to be public or private. Such status shall be shown on the plat.

   C.   Topography And Arrangement:

      1.   Roads shall be related appropriately to the topography. Local roads may be curved to avoid conformity of lot appearance and to discourage through traffic. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography with all cut and fill sections adequately stabilized and revegetated. A combination of steep grades and curves, as well as large cut and fill sections, shall be avoided.

      2.   All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights of way as established in the streets master plan or land use maps or zoning maps.

      3.   All thoroughfares shall be properly related to specific traffic generators such as industries, business districts, schools, churches and shopping centers, to population densities and to the pattern of existing, proposed and future land uses.

      4.   Minor or local streets shall be laid out to conform as much as possible to the natural topography, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

      5.   Cul-de-sacs are strongly discouraged.

      6.   Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the Planning Commission, such an extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

      7.   In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of transportation facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

      8.   Subdivisions shall be designed to provide adequate emergency access to and from the development. The Planning Commission may require more than one point of ingress and egress to better facilitate emergency access and escape. The fire department must approve the street design on large subdivisions.

   D.   Blocks:

      1.   Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets or waterways.

      2.   The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas should not exceed one thousand two hundred feet (1,200') or twelve (12) times the minimum lot width required in the zoning district, whichever is greater, nor be less than four hundred feet (400') in length. Wherever practicable, blocks along major arterials and collector streets shall be not less than one thousand feet (1,000') in length.

      3.   In long blocks, the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic.

      4.   Pedestrianways or crosswalks, not less than ten feet (10') wide, may be required by the Planning Commission through the center of blocks more than eight hundred feet (800') long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, trails or other community facilities. Blocks designed for industrial or commercial uses shall be of such length and width as may be determined suitable by the Planning Commission for prospective use.

   E.   Access To Highway, Arterial Or Collector Streets: Where a subdivision borders on or contains an existing or proposed highway, arterial or collector, the Planning Commission may require the subdivision of lots so as to back onto the highway, arterial or collector and front onto a parallel local street; no direct access shall be provided from the primary arterial or collector, and screening shall be provided in a strip of land along the rear property line of such lots.

   F.   Road Names: All roads shall be named at the time of Preliminary Plat approval. If a road cannot be named based on its location on the streets grid, the local postmaster shall be consulted prior to Planning Commission approval. Such names shall be sufficiently different in sound and in spelling from other road names in Box Elder County or the City, so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name.

   G.   Road Regulatory Signs: The applicant shall erect or post acceptable guarantees ensuring each road sign required by the City Engineer at all road intersections. All road signs shall be installed before issuance of certificates of occupancy for any residence on the streets approved. Street name signs are to be placed at all intersections within and abutting the subdivision, the type, design and location of which to be approved by the City Engineer. Street signs shall be designed according to City specifications and standards.

   H.   Streetlights: Installation of streetlights shall be required in accordance with City design and specification standards and shall be approved by the City Engineer.

   I.   Construction Of Roads And Dead End Roads:

      1.   Construction Of Roads: The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the streets master plan. If the adjacent property is undeveloped and the street must be a dead end street temporarily, the right of way shall be extended to the property line. A temporary turnabout shall be provided on all temporary dead end streets, with the notation on the subdivision plat that land outside the normal street right of way shall revert to abutters whenever the street is continued. The Planning Commission may limit the length of temporary dead end streets in accordance with the design standards of these regulations.

      2.   Dead End Roads (Permanent): Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty feet (50'). However, the Planning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, snow removal/storage or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead end street in accordance with construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead end streets shall, in general, be limited in length to three hundred fifty feet (350').

   J.   General Design Standards: In order to provide for roads of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the design standards for roads are hereby required to be in compliance with City design standards, construction specifications and standard drawings, and the streets master plan, as adopted or as may otherwise be determined by the City Engineer and Planning Commission, and City Council.

   K.   Road Surfacing And Improvement: After sewer and water and other applicable utilities have been installed by the developer, the applicant shall construct curbs and gutters (if required) and shall surface or cause to be surfaced roadways to the widths prescribed in the pertinent regulations. Said surfacing shall be of such character as is suitable for the expected traffic. Types of pavement shall be determined by the City Engineer. Adequate provision shall be made for culverts, drains and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the City and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.

   L.   Excess Right Of Way: Right of way widths in excess of the standards referenced in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one (3:1), unless specifically approved by the City Engineer.

   M.   Intersections:

      1.   Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle within ten degrees (10°) of perpendicular is required. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred feet (100') therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Planning Commission.

      2.   Proposed new intersections along one side of an existing street shall, wherever practical, coincide with any intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred fifty feet (150') shall not be permitted. Where streets intersect major streets, their alignment shall be continuous. Intersections of major streets shall be at least eight hundred feet (800') apart.

      3.   Minimum curb radius at the intersection of two (2) local streets shall be at least twenty feet (20'); and minimum curb radius at an intersection involving a collector street shall be at least twenty five feet (25'). Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

      4.   Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (2%) slope for a distance of sixty feet (60'), measured from the nearest right of way line of the intersecting street.

      5.   Where any street intersection will involve earth banks or existing vegetation inside any lot corner that could create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right of way to the extent deemed necessary to provide an adequate sight distance.

      6.   The cross slopes on all streets, including intersections, shall be three percent (3%) or less.

   N.   Bridges: Bridges of primary benefit to the applicant, as determined by the Planning Commission, shall be constructed at the full expense of the applicant without reimbursement from the City. The sharing of expense for the construction of bridges not of primary benefit to the applicant as determined by the Planning Commission, will be fixed by special agreement between the City Council and the applicant.

   O.   Road Dedications And Reservations:

      1.   New Perimeter Streets: Street systems in new subdivisions shall be laid out to eliminate or avoid new perimeter half streets. The Planning Commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right of way width.

      2.   Widening And Realignment Of Existing Roads: Where a subdivision borders an existing narrow road or when the streets master plan, land use maps or zoning maps indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant may be required to improve and dedicate at his/her expense such areas for widening or realignment of such roads that are necessary and for the benefit of the subdivision. Such frontage roads and streets shall be improved and dedicated by the applicant at his own expense to the full width as required by these subdivision regulations.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   General Requirements: The Administrative Land Use Authority shall not approve any plat that does not adequately address storm or flood water runoff channels or catch basins. Plans shall be reviewed for compliance with City design standards, construction specifications and standard drawings, or other standards as may be adopted. The storm water drainage system shall be separate and independent of the sanitary sewer system. Storm sewers, where required, shall be designed by the rational method, or other methods as approved by the City Engineer, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than six hundred feet (600') in the gutter. When calculations indicate that curb capacities are exceeded at a point, catch basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.

   B.   Location: The City Engineer may require the applicant to carry away by pipe or open channel any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right of way where feasible, or in perpetual unobstructed easements of appropriate widths, and shall be constructed in accordance with the construction standards and specifications.

   C.   Accessibility To Public Storm Sewers:

      1.   Underground storm sewer systems shall be constructed throughout the subdivision and be conducted to an approved outfall. Inspection of facilities shall be conducted by the City Engineer.

      2.   If a connection to a public storm sewer will be provided eventually, as determined by the City Engineer and the Planning Commission, the developer shall make arrangements for future storm water disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the performance guarantee required for the subdivision plat.

   D.   Accommodation Of Upstream Drainage Areas: A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The developer shall hire a qualified engineer to determine the necessary size of the facility, based on the provisions of the construction standards and specifications, assuming conditions of maximum potential watershed development permitted by this title and the general or master plan. The City Engineer shall review and approve the design.

   E.   Effect On Downstream Drainage Areas: The City Engineer shall also require the developer's qualified engineer to study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. City storm drainage studies, together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Administrative Land Use Authority may withhold approval of the subdivision until provision has been made for the improvement of said potential condition in such sum as the City Engineer shall determine. No subdivision shall be approved unless adequate drainage will be provided to an approved drainage, watercourse or facility.

   F.   Areas Of Poor Drainage: Whenever a plat is submitted for an area which is subject to flooding, the Administrative Land Use Authority may approve such subdivision; provided, that the applicant fills the affected area of said subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twelve inches (12") above the elevation of the maximum probable flood, as determined by the City Engineer. The plat of such subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width which shall be sufficient in time of high water to contain or move the water, and no fill shall be placed in the overflow zone, nor shall any structure be erected or placed therein. The boundaries of the overflow zone shall be subject to approval by the City Engineer. Development in areas of extremely poor drainage will not be allowed.

   G.   Floodplain Areas: The Planning Commission may, upon recommendation of the City Engineer and when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas should be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps, except at the discretion of the Planning Commission.

   H.   Dedication Of Drainage Easements:

      1.   General Requirements: Where a subdivision is traversed by a watercourse, drainageway, channel, river or stream, there shall be provided a storm water easement or drainage right of way conforming substantially to the lines of such watercourse, and of such width and construction, or both, as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

      2.   Drainage Easements:

         a.   Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights of way, perpetual unobstructed easements at least twenty feet (20') in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.

         b.   When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

         c.   The applicant shall dedicate, either in fee or by drainage or conservation easement, land on both sides of existing watercourses, to a distance to be determined by the Planning Commission and City Engineer.

         d.   Low lying lands along watercourses, including the Bear River bottoms, subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedure, nor for computing the area requirement of any lot.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   General Requirement: Necessary action shall be taken by the applicant to extend or create a safe water supply system for the purpose of providing a water supply capable of providing domestic water use and fire protection. All improvements, whether on or off site, shall be constructed and paid by the developer. The impact of the development on the water system must be determined by the impact analysis process as outlined in this title.

   B.   Existing Systems: Where a public water main is accessible, the subdivider shall install adequate water facilities (including fire hydrants) subject to the specifications of the state and City. All water mains shall be at least eight inches (8") in diameter.

   C.   Approval: Water main extensions and water facilities improvements shall be approved by the City Engineer.

   D.   Guarantees: To facilitate the above, the location of all fire hydrants, all water storage and supply improvements, and the boundary lines of proposed improvement districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and the cost of installing the same, whether on or off the development, shall be included in the performance guarantee to be furnished by the developer.

   E.   Ownership Of Facilities: Any private facilities shall be noted on the plat and are the responsibility of the developer or owner of the development.

   F.   Fire Hydrants: Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located no more than five hundred feet (500') apart and shall be approved by the fire department and City Engineer in accordance with the international fire code or a more stringent code if a conflict exists between City and the international fire code. In some instances, the City may determine that due to wildland fire potential, hydrants will be required to be located no more than three hundred feet (300') apart. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other water supply improvements, shall be installed before any final paving of a street shown on the subdivision plat.

   G.   Proof Of Water: If the applicant is dedicating or providing water rights to the project or the City, the applicant shall submit adequate proof of ownership of "wet" water (as opposed to paper only) in a quantity, quality, annual duration or availability throughout the entire year. The proof must be provided in a legal form or title policy that is acceptable to the City and/or the City Attorney.

   H.   Secondary Water:

      1.   As a condition of approval of the subdivision, the applicant shall provide 1.42 acre feet of usable secondary water per acre of land, or the equivalent share of capital stock in the Bear River Canal Company, per dwelling unit or residential lot, whichever is the greatest, to the City. This water is intended to assist the City in meeting the secondary water supply needs brought on by the development.

      2.   At the discretion of the City Council, if all avenues of acquiring water rights are exhausted, the City Council may waive the requirement for the acquisition of water.

      3.   As a condition of approval of the subdivision, the City Council shall require each developer to install a secondary water system. It is the City's intent to develop a secondary system. Connection to the water system will be made when developed.

(Ord., 1-2-2007; amd. Ord. 25-01, 2-18-2025)

   A.   General Requirements: The applicant shall install sanitary sewer facilities in the manner prescribed by City construction standards and specifications. All plans shall be designed in accordance with current city, state and EPA rules, regulations and standards. Necessary action shall be taken by the applicant to extend sanitary sewer service for the purpose of providing sewerage facilities to the subdivision. Off-site requirements may be necessary to meet impacts imposed by the development on municipal sewer facilities. An impact analysis may be necessary.

   B.   Residential And Nonresidential Subdivisions: Sanitary sewerage facilities shall connect with the public sanitary sewer at sizes required by the City Engineer. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted in the part of the City serviced by the sewer system. Sanitary sewerage facilities (including the installation of laterals in the right of way and dedication of easements) shall be subject to the City specifications, rules, regulations and guidelines and this title. All major subdivisions are required to extend the system to their development if their residential density is greater than one residence per five (5) acres or the lots have less than one hundred ten feet (110') of frontage on a street. Approved septic systems are allowed for subdivisions that have a density lower than this, or are minor subdivisions, and meet Box Elder County health department approval as evidenced in writing.

   C.   Future Sewer Accessibility Requirements: If a subdivision has more than three (3) developable lots, including any future phases and, in the City's opinion, the project is in an area that may be serviced with a sewer system in the next ten (10) years, the Administrative Land Use Authority may require sewer improvements to be installed in the subdivision. These improvements shall be constructed to current city standards, properly capped, marked as to their termination in the lots (with acceptable as built drawings provided to the city) and be made separate from the septic system in place or proposed. This system would make it more feasible and less costly and troublesome on the residents of the subdivision in the future when the service would be available and/or the connection would become mandatory.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

   A.   Location: Sidewalks, if required, shall be included within the dedicated nonpavement right of way of all roads unless an alternate location has been specifically approved by the Administrative Land Use Authority, based on a recommendation by the City Engineer. In many cases, pedestrian paths separate from the road right of way may be preferable due to snow removal or visual concerns.

   B.   Curbs: Concrete curbs are required for all roads where sidewalks are required.

   C.   Improvements: Sidewalks shall be designed to best facilitate their type of use and serve the public interest and safety.

   D.   Pedestrian Paths: Trails, pedestrian paths and bike paths shall be related appropriately to require a minimum of site disturbance, permit efficient drainage, and provide safe access.

   E.   Other Trails: Walking and hiking trails, bike paths and horse trails shall be provided by the developer in accordance with the trails master plan, if adopted, and/or where otherwise necessary as determined by the Planning Commission. Trails should connect traffic generators such as schools, recreation facilities, commercial areas, parks and other significant natural features. Such trails shall be built to City specifications, and easements shall be dedicated for such trails. The trails shall be constructed at the time of road construction, unless the Planning Commission determines otherwise, in which case cash deposits shall be required pursuant to this title for improvements.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Location: Utility facilities, including, but not limited to, gas, electric power, telephone and cable TV, shall be located underground in new subdivisions wherever underground location does not violate safety standards of the particular utility and where such underground location does not impose any potential additional maintenance burden on streets and water/sewer personnel. Underground service connections for water and sewer shall be installed to the street property line of each platted lot at the expense of the subdivider and shall be marked on the surface, as shall casings or conduits for all other underground utilities as determined by the City Engineer.

   B.   Easements:

      1.   Easements centered on rear lot lines shall be provided for utilities (private and municipal) if the utilities are to be connected from the rear; such easements shall be at least ten feet (10') wide. Proper coordination shall be established by the subdivider between the applicable utility companies for the establishment of utility facilities and easements to adjoining properties.

      2.   Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten feet (10') in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. All easements shall be indicated on the plat.

      3.   Where necessary to ensure proper access and maintenance, easement widths shall be increased as required by the City Engineer.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Recreation Standards:

      1.   The Administrative Land Use Authority shall require land be reserved and improvements installed for parks and playgrounds or other recreation purposes in locations designated on any master plans, or otherwise where such reservations would be appropriate and the park would benefit the subdivision and its residents. Each reservation shall be of suitable size, dimension, topography and general character, and shall have adequate access for the particular purposes envisioned by the Planning Commission. The area shall be shown and marked on the plat "Reserved for Park and/or Recreation Purposes". The developer will also be required to install improvements to the recreation areas. These improvements will be built to City specifications.

      2.   When recreation areas are required, the Planning Commission shall determine the number of acres to be reserved, using the following formula as a minimum: providing one acre of recreation area for developments up to fifty (50) single-family dwelling units, and one acre for every fifty (50) units or fraction thereafter. This calculation equates to eight hundred seventy four (874) square feet per single-family dwelling unit (same amount available to City residents as when the ordinance codified herein was approved). The Planning Commission shall also determine the level of improvements required. All required improvements shall be built to City specifications. The Planning Commission may refer such proposed reservations to the City official or department in charge of operating parks and recreation for recommendation. The developer shall dedicate all such recreation areas and facilities to the City as a condition of final subdivision plat approval.

   B.   Minimum Size Of Park And Playground Reservations: In general, land reserved for recreation purposes shall have an area of at least one acre. When the percentages from the above formula would create less than one acre, the Planning Commission may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than one acre be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. This smaller amount will be accepted only when it is on the edge of the subdivision or when the staff feels that the reduced size will result in a functional and usable recreation site.

   C.   Recreation Sites: Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, play field or for other recreation purposes, and shall be relatively level and dry, and shall be improved by the developer to the City standards required by the Planning Commission, which improvements shall be included in the performance guarantee. The Planning Commission may refer any subdivision proposed to contain a dedicated park to the City official in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the City for park purposes shall have prior approval of the City Council and shall be shown marked on the plat "Reserved for Park and/or Recreation Purposes".

   D.   Alternative Procedure For Subdivisions Of Fewer Than Twenty Five (25) Lots: Subdivisions, including commercial or agricultural subdivisions, with fewer than twenty five (25) lots would result in a land area of less than one acre to be reserved for recreation facilities. In this case, the developer may pay an in lieu of fee in those cases where the in lieu of fee is specifically approved by or required by the Planning Commission. Fees shall be paid on a per unit rate and be based upon fair market value as indicated in the City adopted fee schedule.

   E.   Applicability To Land Utilizing Average Density: Any subdivision plat in which the principle of average density or flexible zoning has been utilized shall not be exempt from the provisions of this section, except as to such portion of land which is actually dedicated to the City for park and recreation purposes.

   F.   Other Recreation Reservations: The provisions of this section are minimum standards. None of the subsections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.

   G.   Other Public Uses:

      1.   Plat To Provide For Public Uses: Except when an applicant utilizes a master planned development concept in which land is set aside by the developer as required by the provision of the subdivision and master planned development code, whenever a tract to be subdivided incudes a school, recreation use or other public use as indicated on the master plan, or any portion thereof, such space shall be identified on the plat. After proper determination of its necessity by the Planning Commission and the appropriate City official or other public agency involved in the acquisition and use of each such site, and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.

      2.   Referral To Public Body: The Planning Commission shall refer the plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.

      3.   Notice Of Property Owner: Upon receipt of an affirmative report, the Planning Commission shall notify the property owner and shall designate on both the preliminary and final plats that area proposed to be acquired by the public body.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Existing features which add natural value or historical amenities to the community shall be retained. Buildings shall be sited in a manner that preserves significant views. Ridges should be protected from development which would be visible on the skyline from prominent areas or vantage points (as defined in chapter 10 of this title). Existing vegetation should also be retained as much as possible. Vegetation protection shall be required during construction so that disturbance is limited. Existing features such as watercourses, rivers, irrigation works, wetlands, historic sites, critical meadowlands, important vistas and other irreplaceable assets shall be preserved in the design of the subdivision. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The drawings submitted with the preliminary plat shall show the number, size and location of existing trees as required by these regulations, and shall further indicate all those marked for retention, and the location of all proposed trees along the street side of each lot. Any project falling within the sensitive lands overlay zone may be subject to additional requirements and regulations as outlined in the sensitive lands regulations contained in chapter 10 of this title.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   General: If a proposed subdivision includes land that is zoned for agricultural, commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the planning commission may require. A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in the subdivision and master planned development code. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the planning commission. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards as are required by the planning commission, and shall conform to the proposed land use and standards established in the general plan, streets master plan, land use maps, subdivision and master planned development code, and town design standards, construction specifications and standard drawings.

   B.   Standards: In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the planning commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

      1.   Proposed agricultural or industrial parcels shall be suitable in area and dimensions to the types of agricultural or industrial development anticipated.

      2.   Street rights of way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be placed thereupon.

      3.   Special requirements may be imposed by the town with respect to street, curb, gutter and sidewalk design and construction.

      4.   Special requirements may be imposed by the town with respect to the installation of public utilities, including water, sewer and storm water drainage.

      5.   Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip and/or fencing when necessary or required.

      6.   Streets carrying nonresidential traffic, especially truck or equipment traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas or uses.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

An applicant shall submit the following with a preliminary plat application:

   A.   Completed Preliminary Subdivision Application.

   B.   Application fee, which covers a maximum of two (2) reviews. Additional reviews may require additional fees, based on staff time required.

   C.   Title report showing clear title for all properties in the proposed development.

   D.   Stamped, Addressed Envelopes: Provide a list, as shown on the latest tax assessment roll, of all property owners within one thousand feet (1,000') of the subdivision together with a stamped and addressed envelope for each such owner.

   E.   Will-serve letters for any utility companies intended to provide services to the properties. This shall include an inspection fee in an amount to be determined on the basis of the provisions of these regulations, as established by resolution, and by written assurance from the public utility companies and improvement districts, if applicable or extended, that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement district as required by the Planning Commission upon preliminary plat approval.

   F.   Plan Requirements:

      1.   Electronic PDF files formatted for both twenty four inches by thirty six inches (24" x 36") and eleven inches by seventeen inches (11" x 17").

      2.   All plans must be prepared by a licensed surveyor and/or engineer.

      3.   All improvements and details shall comply with the City Development Standards.

      4.   The following text shall be provided on all sheets except Plat and Detail sheets:

   Note: The Developer and the General Contractor understand that it is his/her responsibility to ensure that all improvements installed within this development are constructed in full compliance with all State and City Codes, Ordinances and Standards. These plans are not all inclusive of all minimum codes, ordinances and standards. This fact does not relieve the Developer or General Contractor from full compliance with all minimum State and City Codes, Ordinances and Standards.

      5.   Cover sheet, which includes, but is not limited to, the following:

         a.   Title block, including the following:

            (1)   Proposed name of plat (name will require clearance from the County Recorder's office).

            (2)   Name, address and telephone number of Property Owner(s) and Developer(s).

            (3)   Name, address and telephone number of Engineer/Surveyor.

            (4)   Location of the plat.

            (5)   Original drawing date and each subsequent revision date.

         b.   Vicinity Map of development with its distinguishable location within the City.

         c.   Entire subdivision drawn to scale and delineating areas of the subdivision not associated with the phases(s) being presented for review.

            (1)   Drawn to scale of not more than 1" = 100'.

         d.   Written legal boundary description.

         e.   Section tie or block monumentation using County approved coordinates.

            (1)   Sufficient data acceptable to the City Engineer to determine readily the location, bearing and length of all lines, and to reproduce such lines upon the ground, the location of all proposed monuments.

         f.   Adjacent subdivisions or properties with owner names and addresses.

         g.   Signature blocks for utilities and irrigation company.

         h.   Proposed lot layout - showing the following:

            (1)   Lot dimensions, property lines bearings and frontage lengths in feet and decimals of a foot.

            (2)   Lot sizes in square feet.

            (3)   Buildable area for each lot in square feet.

            (4)   Street rights-of-way with proposed names.

            (5)   Street centerlines, including curve length and radius, intersections and center point of bulbs and turnarounds.

            (6)   Public utility easements.

            (7)   North arrow and scale graphic bar.

            (8)   Area of unbuildable slopes.

            (9)   Names and parcel numbers of adjoining streets and lots.

            (10)   Existing addresses of neighboring properties.

            (11)   Locations of easements, water bodies, parks, trails, alleys, cemeteries, drainage or irrigation ditches, and other infrastructure.

         i.   Density table with the following:

            (1)   Zoning classification.

            (2)   Total number of lots.

            (3)   Total acreage within the proposed development.

            (4)   Total acreage in lots.

            (5)   Total acreage to be dedicated for street right-of-way.

            (6)   Total acreage in green or open spaces(s).

            (7)   Total acreage of unbuildable areas, if any.

            (8)   Density in units per gross acre.

         j.   Table of contents which identifies, at a minimum, the final plat sheet and utility plan sheet and their contents.

         k.   Plat Sheet, which includes, but is not limited to, the following:

            (1)   Title block (as described on cover sheet).

            (2)   Owner's dedication and acknowledgement and other acknowledgments as required by County for recordation.

   G.   Specific Requirements: These items are site-specific or project specific based on the location and type of project. The City Engineer or applicable reviewing individual or body shall determine which submittal materials apply:

      1.   Phasing plan, including construction of infrastructure, amenities and landscaping.

      2.   Building Elevations (PUD, Multi-Family, Mixed Use Developments only).

      3.   Materials and Color Board (PUD, Multi-Family, Mixed Use Developments only).

      4.   Traffic study, required for subdivisions of fifty (50) or more lots.

      5.   UDOT, Railroad, Irrigation Company and/or USPS review and approval, if necessary.

      6.   Preliminary Covenants, Conditions and Restrictions (CC&R's), if necessary.

      7.   Any amenities, architectural details, design elements, and other requirements from any prior approval requirements (Overlay approvals, phasing plans, annexation agreements, development agreements, as applicable).

      8.   Hazard Mitigation: Wetland Delineation, Flood Elevation Certificate, Wildland Urban Interface mitigation, as determined to be necessary by the City Engineer.

      9.   Soils Report/Geotechnical Report: Complete geotechnical report prepared, stamped, dated and signed by a licensed geotechnical engineer, including mapping of geological features (including, but not limited to outcroppings, rock falls, slide areas, and alluvial fans.)

         a.   The soils report shall address hill stabilization, road design including CBR or existing soils, foundation design, groundwater impacts, and general soil stability.

         b.   The report must be stamped and signed by a Civil Engineer licensed in the state of Utah.

         c.   The report shall include a minimum groundwater height factor for a peak month in a wet year for the lowest buildable floor elevation. The lowest buildable floor elevation shall be a minimum of three feet (3') above the highest groundwater level in a wet year.

         d.   Foundation drains shall be required depending on the recommendations based on the Geotechnical report.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

The Subdivision Improvement Plan includes all construction drawings, including the following:

   A.   Notation of approval by the owner, City Engineer, and Utility providers, as applicable.

   B.   Utility plan sheet, which includes, but is not limited to, the following:

      1.   Title block (as described on cover sheet).

      2.   Proposed subdivision drawings drawn to scale of no more than 1" = 50'.

      3.   Proposed lot layout - showing the following:

         a.   Lot or parcel numbers.

         b.   Lot property lines.

      4.   Symbols legend distinguishing between existing and proposed features.

      5.   Existing improvements showing the location of all existing features, including:

         a.   Location of street signs, traffic regulatory signs, street lights and cluster mail boxes.

         b.   Roads, structures and fences, historic roads and access trails.

         c.   Existing water courses culverts and irrigation ditches.

         d.   Floodplain zones.

         e.   Existing utilities including water mains and valves, fire hydrants, sewer mains and manholes, irrigation lines, power lines, gas lines, storm water system features, street lights and traffic regulatory signage in and adjacent to the proposed subdivision.

         f.   Existing public utility easements, e.g. gas, water, sewer, irrigation, power, etc.

         g.   Existing easements for other utilities, entities or persons.

      6.   Proposed utilities including but not limited to:

         a.   Location of all proposed utility service laterals.

         b.   Location and size of all water mains and valves.

         c.   Location of all connections to existing water and sewer mains.

         d.   Location and size of all sewer mains and manholes.

         e.   Location and size of pressurized irrigation lines.

         f.   Location of all fire hydrants.

         g.   Location and size of all street lights.

         h.   Proposed changes to water courses, culverts or irrigation ditches.

         i.   Location of all survey monuments.

         j.   PI pipe slope direction.

         k.   PI AIRF's and drains.

         l.   Culinary water blow-offs.

      7.   Proposed right-of-way improvements including but not limited to:

         a.   Streets with proposed names, centerlines, and widths.

            (1)   In instances of steep terrain, plans shall include elevations of proposed streets

         b.   Typical street cross sections, as per City Development Standards and Construction details.

         c.   Curb, gutter, sidewalks and trails.

      8.   Storm drain/grading plan shall include, but not be limited to:

         a.   Title block (as described on cover sheet).

         b.   Existing topography two feet (2') minimum contours, survey grade) shown as light or dashed lines.

         c.   Proposed grading shown as solid lines (two feet (2') minimum contours, five feet (5') in hillside overlay zone, survey grade).

         d.   Show retaining walls, if any, providing engineering calculations for all retaining walls four feet (4') or taller.

         e.   Erosion and dust mitigation plan.

         f.   Vegetation re-establishment plans.

         g.   Proposed storm drain system including:

            (1)   Label on site storm drainage retention areas.

            (2)   Label off-site storm drainage areas.

            (3)   Location of curb boxes, sumps, and/or other storm drainage systems.

            (4)   Label slopes at various locations and grade breaks.

         h.   Calculations for storm drainage systems, including percolation tests witnessed by a City.

         i.   Signed, stamped and dated by a professional engineer.

         j.   North Arrow and Scale Bar.

   C.   Plan And Profile Sheets, Which Include, But Are Not Limited To:

      1.   Title block as described for preliminary submittal.

      2.   Designing engineer's stamp, signature and date on each sheet.

      3.   Details for all proposed improvements and utilities.

      4.   Plan and profile for each street, sewer, and/or storm drain alignment at a vertical scale of 1" to 1', 2', 3' or 1' to 4' including:

         a.   Footings.

         b.   Location and slopes of existing utilities and topography.

         c.   Proposed Centerline Road Grades And Vertical Curves: Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred feet (100') of the intersection shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets.

         d.   Slope and location of proposed sewer and storm drain system features.

         e.   Invert elevations for proposed sewer, water and storm drain system features.

         f.   Finished elevations of all sewer manholes and storm water inlets/manholes.

         g.   All Other Infrastructure Locations: Plans and profiles showing the locations and typical sidewalks, drainage easements, irrigation ditches, servitudes, rights of way, manholes and catch basins; the location of street trees, streetlights and street signs; the location, size and invert elevations of existing and proposed sanitary sewers, storm water drains and fire hydrants, showing connections to any existing or proposed utility systems; and exact location and size of all water, gas or other underground utilities or structures.

         h.   Limits of disturbances and revegetation plan.

         i.   If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established not less than twenty feet (20') back from the ordinary high water mark of such waterways.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

The following shall accompany a Final Plat submittal:

   A.   Completed Final Plat Application.

   B.   Application fee, which covers a maximum of two (2) reviews. Additional reviews may require additional fees, based on staff time required.

   C.   Preliminary Title Report from a licensed title company and no older than thirty (30) days.

   D.   Tax history, which will be verified by the City. All taxes must be current prior to recordation of a development with no other lien or encumbrance on the property that could impede the subdivision.

   E.   Cover sheet, drawn as required for preliminary submittal, including any and all corrections required as part of preliminary review.

   F.   Final Plat:

      1.   Electronic PDF files formatted for twenty four inches by thirty six inches (24" x 36").

      2.   All plans must be prepared by a licensed surveyor and/or engineer.

      3.   All improvements and details shall comply with the City Development Standards and Construction Details.

      4.   Final plat shall be drawn as required for preliminary submittal, including any and all corrections required as part of preliminary review.

      5.   There shall be an unencumbered margin of one and one-half (1½) inches on the left-hand side of the sheet and not less than a half (½) inch margin around the outer three (3) sides of the sheets. The scale shall be a standard engineering scale of no more than one hundred feet (100') to the inch. Space for approved signatures shall include:

         a.   Owners' dedication and acknowledgment.

         b.   City Engineer's approval.

         c.   Mayor's signature.

         d.   City Recorder's attestation.

         e.   Public Utilities acceptance.

         f.   Public Health Department approval if it is determined the property is not served by the public sewer system.

         g.   Planning Commission acceptance.

         h.   County Recorder's certificate.

      6.   A tie to a section corner and the state plane coordinates of each point. All horizontal data shall be based on the 1927 North American Datum (NAD27) or 1983 North American Datum (NAD83) State Plane Coordinate System. Horizontal datum shall be clearly written on the plat. This shall include all survey monuments and proposed hydrant locations.

      7.   The boundary dimensions and legal description of the subdivision.

      8.   The proposed subdivision name.

      9.   A minimum scale of one inch equals fifty feet (1"=50').

      10.   A north arrow facing the top right margin.

      11.   A date on each sheet.

      12.   A legend of symbols.

      13.   Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features; the lines, angles, dimensions, state plane coordinates, bearings, areas and numbers of all lots, blocks and parts reserved for any reason within the subdivision. All dimensions shall be determined by an accurate field survey which shall balance and close.

      14.   All lots and blocks are to be numbered, addressed, and named in accordance with the street numbering and naming system assigned by the City Engineer. Streets indicating numbers and/or names and lots numbered consecutively.

      15.   All statements to be included on the plat as required in City Code.

      16.   The name of the engineer or surveyor with a stamp and signature of a surveyor licensed in the state of Utah.

      17.   Notation of any additional restrictions, such as conditions from a variance or mitigation requirements for a natural hazard.

   G.   Specific Requirements: The following apply depending on location and type of project, as determined by the City Engineer or other applicable reviewing member:

      1.   Phasing plan, including construction of infrastructure, amenities and landscaping.

      2.   Landscape and irrigation plans where required as part of a PUD, multi-family or condominium plat.

      3.   UDOT, Railroad, Irrigation Company and/or USPS review and approval, if necessary.

      4.   Final Covenants, Conditions and Restrictions (CC&R's), if necessary.

      5.   Documentation for any off-site easements. Any off-site easement necessary to facilitate the needs of the proposed lots shall be recorded prior to or in conjunction with the recording of the Final Plat.

      6.   Monument Markers In Place: All monuments erected, corners and other points established in the field shall be in their proper places. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per linear foot of the monuments.

   H.   Performance Guarantee:

      1.   This shall be in a form satisfactory to the City Attorney and in an amount established by the City, in accordance with the provisions of the subdivision and master planned development code, upon recommendation of the City Engineer, and shall include a provision that the principal of the guarantee shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Administrative Land Use Authority and shall include, but not be limited to, the performance of all required subdivision on-site and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the City free and clear of all liens and encumbrances on the premises.

   I.   After Final Plat approval, the applicant shall submit the following:

      1.   Mylar Plat For Recording.

         a.   Payment, in a form acceptable to the City and County, to County Recorder's office for recording fees.

         b.   Plats and signatures shall be in waterproof ink on a twenty four inch by thirty six inch (24"x36") mylar sheet.

      2.   Construction plans, as approved as part of the Subdivision Improvement Plan during the Preliminary Plat review and approval process.

         a.   Six (6) twenty four inches by thirty six inches (24" x 36") final approved copies of all construction plans must be submitted after final approval and prior to construction.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)