Morgan County Unincorporated
City Zoning Code
City Zoning Code
DOCUMENT AND
PLAN SUBMISSION
§ 155.045 DOCUMENT SUBMISSION AND REVIEW PROCEDURES.
(A) Presubmission procedures. To facilitate the handling of applications, the County Commission may adopt presubmission procedures to allow for adequate investigations and staff review and may require compliance with such presubmission review procedures as a prerequisite to formal receipt and action by the land use authority. Presubmission review shall in no way be interpreted to mean final review or approval by the land use authority.
(B) Submission and docketing for review. Upon receipt of all required fees (see county fee schedule) and information for any specific step of the review procedure, the Zoning Administrator and other members of the Technical Review Committee shall review the application for completeness and compliance with the provisions of this chapter and other pertinent county regulations. When the Zoning Administrator determines that the application is ready for review by the land use authority, the Zoning Administrator shall forward the application, along with a staff report, to the land use authority. Incomplete applications shall not be forwarded for review.
(C) Applicability of application and document requirements to types of uses.
(1) Complete applications are required for all land uses and developments, as required by this chapter.
(2) Applications, preapplication consultation, preliminary design plans, and final plans shall be required for all the following land developments:
(a) Mobile home parks (MHP);
(b) Mobile home subdivisions (MH SUB);
(c) Recreational vehicle parks (RVP);
(d) Commercial (COM) and industrial sites (IND);
(e) Land excavations and fills;
(f) Public and private recreation facilities (golf courses, sports complexes, swimming pools, recreation trails, ski resorts and the like); and
(g) Two-family and multi-family developments.
(D) Applications submitted and reviewed in steps. Applications shall be submitted and reviewed in steps. Each step shall be reviewed by the Zoning Administrator, and as appropriate the Technical Review Committee, before an application and recommendations are forwarded to and reviewed by the land use authority. The necessity of submitting revised and additional information, documents and/or drawings shall be determined by the land use authority or Zoning Administrator, as appropriate. The steps in the approval process are as follows:
(1) Step one: Preapplication consultation; and
(2) Step two: Application review and approval.
(Prior Code, § 8-4-1) (Ord. 10-16, passed 12-14-2010; Ord. 11-16, passed 12-6-2011)
§ 155.046 PREAPPLICATION CONSULTATION.
(A) Consultation encouraged. Applicants are strongly encouraged to schedule a preapplication consultation with the Zoning Administrator, which will enable a review of a proposed project for general scope and conditions which might impact the proposed project and the county.
(1) Step one: Schedule a meeting with the Zoning Administrator to present the conceptual proposal.
(2) Step two: The Zoning Administrator will provide comments relating to the proposal’s general compliance with the county’s codes, regulations, standards and plans. Comments from the Zoning Administrator do not constitute review or approval of any application by the land use authority.
(B) Document requirements. The following items should be submitted to the Zoning Administrator for preapplication review in order to facilitate the provision of guidance regarding the project:
(1) Location map. A map showing where the project is located;
(2) A vicinity plan. An aerial map at a scale of one inch equals 100 feet, or other competent base map showing the area within one-fourth mile of the project boundaries giving context to the proposed development. The following elements shall be drawn to scale on said map:
(a) Proposed streets;
(b) Buildings, existing and proposed;
(c) Public facilities;
(d) Utilities;
(e) Boundaries of zoning districts;
(f) Taxing and other special districts;
(g) Watercourses, impoundments, streams, springs, wells (existing and proposed), wellhead protection, floodplains and areas subject to continuous or occasional flooding;
(h) Significant vegetative patterns; and
(i) Geologic hazards.
(3) A sketch/site plan. A scaled drawing of and information pertaining to a proposed development site. A site plan shall include the following:
(a) The name, telephone number and business address of the developer and owner;
(b) The name, telephone number and business address of the project designer;
(c) The dimensions of the site and total acreage;
(d) North point and scale of the drawing;
(e) Locations and names of existing and proposed buildings;
(f) Locations and names of existing and proposed streets;
(g) Public and private easements and rights-of-way related to the site;
(h) Existing survey monuments;
(i) Watercourses and impoundments;
(j) Location and description of existing and proposed vegetation;
(k) Location of proposed parking;
(l) Location and size of utility service (water, sewer, power, gas, telephone, cable) lines;
(m) Location of proposed septic or sewer connection; and
(n) Preliminary location of all proposed on-site uses and desired improvements (and off-site improvements if considered essential at this stage). The plan is to convey information that is necessary to determine feasibility and identify problems that need to be solved in the preliminary design plan.
(C) Preapplication submittal review.
(1) Upon receipt of the preapplication submittal and associated fee, the Zoning Administrator may distribute copies to the Technical Review Committee and other agencies for review and comment.
(2) The Zoning Administrator shall review the concept plan application for compliance with all applicable regulations. The Zoning Administrator shall notify the applicant of review findings and comments, which may assist the applicant and land use authority in evaluating the proposed development when submitted for formal land use application review.
(Prior Code, § 8-4-2) (Ord. 10-16, passed 12-14-2010)
§ 155.047 APPLICATION REVIEW AND APPROVAL.
(A) Submit to Zoning Administrator. The applicant shall submit any required land use application to the Zoning Administrator. The applicant shall submit all items required by this chapter and other county regulations and shall address any preapplication comments that may have been provided. Applications submitted without all required items shall be considered incomplete and not processed until deemed complete.
(B) Document requirements. The following items shall be submitted in an application to the Zoning Administrator for application review:
(1) An application, signed and notarized by the property owner and all required fees;
(2) A preliminary title report covering the entire land in the proposed project, including a certificate of title insurance for any land to be dedicated to the county for public use;
(3) When applicable, letters from the public agencies which will provide water and sewer service to the proposed development. The letter should state what type of interim system, if any, may be allowed until full service can be provided by the public agency, and that potable water will be available to the developer in quantities and quality as required by state requirements for the project;
(4) A letter from each utility company serving the project, addressed to the Zoning Administrator, stating that they have reviewed the plan and are setting forth their comments concerning the extent of services availability; the design of utility easements; and the approximate costs to the developer. A copy of the plan approved by the utility company shall be returned, initialed and stamped by the company, to the Zoning Administrator for placement in the application file;
(5) Statement of the estimated starting and completion dates for each phase of development, including proposed grading work and any landscape work;
(6) A copy of any proposed protective covenants, articles of incorporation, association or condominium bylaws or development agreements;
(7) Tabulations showing the square footage and percent of total area proposed in:
(a) Off-street parking;
(b) Streets;
(c) Developed parks;
(d) Natural open spaces or undeveloped parks; and
(e) Landscaping.
(8) Tabulations showing the square footage and percent of area covered by buildings, existing and proposed;
(9) Tabulations showing the square footage and total floor space by type of use, i.e., residential, commercial, industrial and the like;
(10) Estimated construction cost and proposed method of financing of the streets and related facilities; water distribution system; sewage collection system; storm drainage facilities; and such other elements as may be necessary and considered to be required improvements for the project; and
(11) Appropriate supporting documents showing compliance with state air emissions and water discharge standards, including storm drainage system.
(C) Project design information and plans.
(1) Data geotechnical report, which also includes any information required by the geologic hazard or sensitive area ordinances, from a professional engineer and/or geologist, as necessary;
(2) Fire hazard assessment and fire protection plan, as required by the Wildland Urban Interface Code;
(3) Site plan drawings showing location of all on-site and off-site construction;
(4) A map showing the existing contours at two-foot intervals for predominant ground slopes within the project up to 5% grade and five-foot contours for the predominant ground slopes within the project over 5% grade. Elevations shall be based on mean sea level data. In cases of predominantly level topography through a project, one-foot interval contours may be required;
(5) Location and size of all existing and proposed easements and rights-of-way, including solar, utility lines, water and sewage lines, storm drains and facilities, watercourses, irrigation systems, land drains and the like;
(6) Dimensioned parking layout showing location of individual parking stalls, driveways and other areas of ingress and egress;
(7) Grading plan;
(8) Generalized landscaping plans for the site and, if appropriate, information relating to the landscaping on adjacent or surrounding areas affected by the proposed development. Such landscaping plans shall be prepared to scale by a landscape architect, licensed in the state, showing:
(a) The location of all trees, shrubs, plants and ground cover, including the common and Latin names, caliper size, gallon size or height specifications, as appropriate;
(b) Special effects and decorative materials;
(c) The locations and type of automatic irrigation systems (sprinkler, bubbler and the like); and
(d) Recreation equipment.
(9) Storm drainage system design shall:
(a) Consider the drainage system as a whole and shall include:
1. Runoff from the entire development site;
2. Where applicable, the system shall be designed to accommodate the runoff from those areas adjacent to and upstream from the development site;
3. The effects of the stormwaters on lands downstream;
4. Limit peak runoff discharge from any new development site area to two-tenths cubic feet per second per acre. Detention ponds with discharge control structures shall be used to store stormwater runoff in excess of the peak permissible discharge; and
5. If no drainage facilities are available for receiving runoff from the development site, stormwater runoff shall be retained and disposed on-site.
(b) Include all facilities necessary to accommodate that quantity of water attributable to a storm having a minimum ten-year frequency.
1. Gutter capacities will be limited to that flow which will not create a hazard, damage or flood adjacent properties and which can be safely intercepted at the inlets.
2. Stormwater inlets and catch basins shall be provided within the roadway improvements at points approved by the County Engineer.
3. No ditch or canal shall be approved as suitable for the disposal of storm drainage water without the written permission of the appropriate ditch or canal company, or of the water users of said ditch or canal. No ditch or canal shall be used for stormwater disposal unless adequately improved to handle such water as might be reasonably expected to flow in the canal or ditch as irrigation water, the project runoff water and any other water expected to reach such canal or ditch. No ditch, canal or other waterway shall be permitted within property dedicated or to be dedicated for public use, except as specifically approved by the land use authority. The developer shall remove such waterways from property to be dedicated before submission of the final plat.
4. Complete design calculations shall be submitted with the plans for the storm drainage system.
(10) Engineering plans:
(a) Typical street cross-sections. This may be shown by reference to the street cross-sections adopted by the county.
(b) Profiles of all streets, water, sewer and drainage lines. These profiles should be shown on separate sheets but to a scale no smaller than one inch equals 20 feet vertical and one inch equals 40 feet horizontal.
(c) Detailed engineering. Plans showing lot lines, site grading, street improvements, drainage and public utility locations.
(d) Drainage plan and drainage calculations. Details of any proposed drainage structures, cribbing, terraces and/or surface protection, not including vegetation cover, required as a result of grading or excavation and required for the support of adjoining property.
(e) Minimum construction and improvement standards. Engineering plans shall be designed and drawn to minimum industry or higher standards, but in all cases shall meet county adopted construction standards.
(f) Legal descriptions and labels. Legal descriptions and labels of major parcels, and parcels to be dedicated to the public.
(11) On curved boundaries and all curves in the plan, sufficient data shall be given to enable the reestablishment of the curves on the ground. This curve data shall include the following for circular curves:
(a) Radius of curve;
(b) Central angle;
(c) Tangent;
(d) Arc length; and
(e) Chord (bearing and length).
(12) Parcels not included in the original phase of development shall be marked “not included in this phase,” and a phasing plan shall be submitted to the Zoning Administrator for review and presentation to the land use authority. The boundaries of all phases shall be completely indicated by bearings and distances;
(13) All streets, walkways and alleys shall be designated as such, and streets shall be numbered; bearings and dimensions must be given;
(14) All easements shall be designated as such, and bearings and dimensions given;
(15) All lands within the boundaries of the plan shall be accounted for either as lots, walkways, streets, alleys, common areas, building areas, parking areas, drainage facilities, landscape areas and permanent open space, future phases and the like;
(16) All bearings and lengths shall be given for all lot lines, except that bearings and lengths need not be given for interior lot lines where the bearings and lengths are the same as those of both end lot lines;
(17) Parcels not contiguous may be included in one plan if they will be developed concurrently, and, contiguous parcels owned by different parties may be included in one plan, provided that all owners authorize the application;
(18) Lengths shall be shown to hundredths of a foot, and angles and bearings shall be shown to seconds;
(19) The information on the plan shall include description of project boundaries, public streets and easements (utility, drainage, access and the like), as well as other design elements and the following:
(a) Name of development, astronomic north arrow and basis thereof, date and names of developer and engineer;
(b) Name and address of owner or owners of record;
(c) Total acreage of development project and total number of lots and acreage of each;
(d) Township, range, section (and quarter section, if portion);
(e) Graphic scale; and
(f) Any additional information required by county ordinance, or by state law.
(20) The dimensions and format of the plan shall conform to county requirements; and
(21) A copy of all required plan submittals in digital format for AutoCAD (DWG file) shall be submitted. Architectural plans or renderings not created in AutoCAD shall be submitted electronically in PDF format.
(D) Application review procedure.
(1) The Zoning Administrator shall, upon receipt of the complete application, distribute copies of the plan to the County Engineer, other members of the Technical Review Committee, and to such other governmental departments and agencies for review and comment as in the opinion of the Zoning Administrator may contribute to a decision based on the best information for the public interest. If a plan is revised, the redlined copy of the previous plan shall be returned for comparison purposes.
(2) The land use authority shall consider the application for approval when determined complete by the Zoning Administrator and accompanied by a staff report.
(3) The land use authority shall approve only those applications which the Planning Commission finds:
(a) To be developed in accordance with the standards and criteria specified in this chapter and other applicable regulations;
(b) To create no substantial financial hardship to the county;
(c) To create no substantial environmental consequence which will adversely impact upon adjacent properties and the health, safety or welfare of the inhabitants of the county when weighed against the positive impacts of such development; and
(d) To mitigate possible adverse impacts from the proposed development, the land use authority shall determine from a review of the application whether the soil, slope, vegetation and the drainage characteristics of the site are such as to require substantial cutting, clearing, grading and other earthmoving operations in the construction of the development, or otherwise threaten an erosion hazard and, if so, the land use authority shall require the developer to provide soil erosion, geological hazard and sedimentation control plans and specifications. Such control plans and specifications shall be prepared by a qualified professional team with the costs of preparation of such plans and specifications being borne by the developer and applicant. Also, when in the opinion of the land use authority public facilities should be constructed within the boundaries of a proposed development for the benefit of the community as established in the Comprehensive General Plan or capital facilities plan of the county, the developer shall reserve a site appropriate in area and location for such public facility. The cost and proportionate share analysis of requiring community wide facilities within a development site shall be finalized by a development agreement between the applicant and the county.
(4) After review of the application at a public meeting, the land use authority shall approve, disapprove or approve with conditions the application, and notify the applicant in writing of such action, or may postpone action to allow the applicant time to provide materials or additional information needed by the land use authority, to then determine appropriate action. A land use application should only be denied if it does not conform to the adopted rules, regulations and ordinances, technical inaccuracies or insufficiencies or incomplete information.
(5) Any approval or denial made by the land use authority shall be transmitted to the applicant in writing, including any conditions of approval and findings. The Zoning Administrator shall transmit the written decision to the applicant.
(6) After approval of a land use application, the owner and applicant may proceed toward further development, permitting, licensing or subdivision pursuant to the requirements of this chapter and all other county requirements.
(Prior Code, § 8-4-3) (Ord. 10-16, passed 12-14-2010)
§ 155.048 SUPPLEMENTAL REQUIREMENTS.
(A) As built construction drawings. The development and applicant shall furnish as built drawings of all required public improvements once constructed. Submission of as built drawings will be required prior to the issuance of an occupancy permit by the county, or release of development agreement or improvements guarantee. (Include also any common facilities that could ever apply for public acceptance or maintenance.)
(B) Review of improvement guarantee agreement. The County Commission shall review and execute a developer’s improvement guarantee agreement, as necessary, to guarantee completion of the required improvements. The only allowed financial guarantee method is funds directly deposited with the County Treasurer.
(C) Fees. Fees shall be charged to applicants as may be required by an adopted fee schedule for excavation permits, zoning amendments, building permits, occupancy permits, conditional use permits, design review, Planning Commission and appeal authority hearings and/or meetings and such other services as are required by this chapter to be performed by public officers, agencies or outsourced consultants and the like. Such fee schedule shall be established by the County Commission by resolution and shall be in amounts reasonably needed to defray costs to the public.
(D) Copies. The number of copies required to be submitted to the county for a land use application shall be determined by the Zoning Administrator and included with the development application form. Additional copies may be required by the Zoning Administrator as may be needed for proper review and plan distribution.
(E) Formal action and hearings. Formal action and hearings on any application shall be conducted in accordance with this chapter and the state’s Open and Public Meetings Act, being UCA §§ 52-4-1 et seq.
(F) Dedication of land to public. Acceptance of dedication of proposed public lands, utility or street rights-of-way in an approved plan can be made only by the County Commission, and only after review of title insurance by the County Attorney.
(G) Application forms. Application for any required land use permit shall be submitted on forms prepared for that purpose by the Zoning Administrator.
(H) Retention of plans. Plans, specifications and reports for all applications submitted to the county shall become the property of the public and shall be retained by the county in accordance with the Utah Government Records Access and Management Act, UCA §§ 63G-2-101 et seq.
(I) Expiration.
(1) Unless there is substantial action under a land use permit within a maximum period of one year from the date of its issuance, said permit shall expire and shall have no further force or effect. Application for a building permit, business license, subdivision and communication with the county regarding requirements for proceeding toward other permit applications are considered types of substantial action. Every conditional use permit shall run with the land, unless specific conditions regarding time limitation are placed on the permit which are necessary to mitigate potential detrimental effects.
(2) Unless otherwise prohibited, upon written request and for good cause shown, any land use authority having authority to grant approval of an application may, without any notice or hearing, grant extensions of any time limits imposed by this chapter on such application, its approval or the applicant, provided a written request for such extension has been received by the Zoning Administrator prior to the date of expiration, or provided the county has initiated an extension prior to the date of expiration. The total period of time granted by any such extension or extensions shall not exceed one-half the length of the original time period.
(J) Phased development. Land use application approval may be granted on less than the entire parcel owned or controlled in certain situations, as approved by the land use authority. The development of the project shall be in an orderly manner and in such a way that the phases will be contiguous, the required improvements will be made available for the full, effective and practical use and enjoyment thereof by the lessees or the grantees of any of the lands developed within the time hereinafter specified. Approvals are only valid and vested as approved per a complete application submittal per phase, and as per the specific conditions of approval for each phase. Subsequent phases in a development shall be required to submit a complete application and fees and to meet all submittal and review requirements for each phase based on the land use regulations in place at the time of phase submittal, unless their requirements are altered by other code provisions or development agreement.
(K) Changes. Any significant changes made in an approved drawing require resubmission of the drawing for approval by the Planning Commission and governing body, and additional fees may be required.
(L) Additional required information. The Planning Commission, governing body, Zoning Administrator, County Planner, County Engineer, Building Official, Fire Chief or County Attorney may require such additional information as necessary to complete a proposal for the written record, demonstrate capability, solve anticipated problems or show geotechnical solutions to site development.
(Prior Code, § 8-4-4) (Ord. 10-16, passed 12-14-2010; Ord. 11-03, passed 3-1-2011; Ord. 12-04, passed 5-1-2012)