A.

The purpose and intent of this chapter is to promote the health, safety, convenience and general welfare of the inhabitants of the city in the matter of the subdivision of land, to encourage the healthful growth of the city and related matters affected by such subdivision.

B.

Any proposed subdivision and its ultimate use shall be in the best interests of the public and shall be in harmony with good neighborhood development of the area concerned and the applicant shall present evidence to this effect when requested to do so by the planning commission.

C.

In cases where unusual topographic or other exceptional conditions exist, variations and exceptions from this chapter may be considered:

1.

For a single-family dwelling subdivision, two-family dwelling subdivision, or townhome subdivision by the city staff planning committee, after recommendation by the planning commission; or

2.

For a multiple-family residential subdivision, commercial subdivision, or manufacturing subdivision by the city council, after recommendation by the planning commission.

(1985 Code § 19-40-1, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

The following words and phrases used in this chapter shall have the respective meanings hereinafter set forth, unless a different meaning clearly appears from the context:

ADMINISTRATIVE LAND USE AUTHORITY: The administrative land use authority established by the city to review land use decisions from preliminary subdivision applications as submitted for single-family dwelling, two-family dwelling, townhome subdivisions, or other subdivisions as provided in 10-21-9. For the city, this is designated as the Riverdale City Planning Commission. The administrative land use authority does not include any member of the Riverdale City Council, including the mayor.

APPLICANT: The person or group of persons who submits a subdivision land use application to the city.

CITY: City of Riverdale, Utah.

CITY COUNCIL: The city council of the city of Riverdale, Utah.

CITY ENGINEER: The city engineer of the city of Riverdale, Utah.

CITY PLANNING STAFF COMMITTEE: The designated subdivision review and approval committee that shall consist of the community development director, the city administrator, the public works director, the city engineer, and other city staff who may be selected by the designated members of the city planning staff committee.

COMPLETE SUBDIVISION LAND USE APPLICATION: The complete application that the applicant submits to the Administrative Land Use Authority subsequent to the preapplication review by the city planning staff committee.

COUNTY: Weber County, Utah.

CUL-DE-SAC: A minor dead-end street provided with a turnaround.

DWELLING: Any building or structure, or portion thereof, including a trailer house, intended for residential use.

LOT: A portion of a subdivision or parcel of land intended as a unit for building development or transfer of ownership. A parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot area, as are required by this title, having frontage upon a street or upon a right-of-way approved by the board of adjustment. Except for group dwellings and guest houses, not more than one dwelling structure shall occupy any one lot.

MAJOR STREET PLAN: A plan, labeled "major street plan of the city of Riverdale", including maps or reports or both, which has been approved by the city council as required by law or such plan as it may be amended from time to time and so certified to the city council.

OFFICIAL MAP: Any map adopted by the city council under provisions of Utah Code Annotated § 10-9-306.

PARCEL OF LAND: Contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same person.

PARTITION OR DIVISION OF AGRICULTURAL LAND: A bona fide "partition or division of agricultural land for agricultural purposes" shall mean the division of a parcel of land into three (3) or more lots or parcels, none of which lots or parcels are smaller than five (5) acres in area; and provided, that no dedication of any street or road is required to serve any such lots or parcels of agricultural land for the purpose of building development.

PERSON: Any individual, corporation, partnership, firm, or association of individuals however styled or designated.

PLANNING COMMISSION: The city planning commission of Riverdale, Utah.

REVIEW CYCLE: means the occurrence of:

A.

The applicant's submittal of a complete subdivision application which includes the subdivision improvement plans;

B.

The City's review of that subdivision application including subdivision plan review;

C.

The City's response to that subdivision land use application, in accordance with this section and Utah Code Annotated § 10-9a-604.2; and

D.

The applicant's reply to the City's response that addresses each of the municipality's required modifications or requests for additional information.

STREET: A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than twenty-six feet (26') wide which has been made public by right of use and which affords the principal access to abutting property.

STREET, COLLECTOR: A street, existing or proposed, of considerable continuity which serves or is intended to serve as the principal trafficway between large and separated areas or districts and which is the main access to the major street system.

STREET, MAJOR: A street, existing or proposed, which serves or is intended to serve as a major trafficway and is designated on the master street plan as a controlled access highway, major street, parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan.

STREET, MARGINAL ACCESS: A minor street which is parallel to and adjacent to a major street and which provides access to abutting properties and protection from through traffic.

STREET, MINOR: A street, existing or proposed, which is supplementary to a collector or major street and of limited continuity, which serves or is intended to serve the local needs of a neighborhood.

SUBDIVISION: Any land that is divided, resubdivided or proposed to be divided into two (2) or more parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms and conditions.

SUBDIVISION IMPROVEMENT PLANS: The civil engineering plans associated with required infrastructure and municipally controlled utilities required for a subdivision.

SUBDIVISION ORDINANCE REVIEW: The review by the city to verify that a subdivision land use application meets the criteria of the city's subdivision ordinances.

SUBDIVISION PLAN REVIEW: The review of the applicant's subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with municipal ordinances and applicable standards and specifications.

ZONING ORDINANCE: The uniform zoning ordinance which is this title.

(1985 Code § 19-40-2; amd. 2001 Code, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

No person may subdivide any tract of land which is located wholly or in part of the city except in compliance with this chapter. No person may sell or exchange or offer to sell or exchange any parcel of land which is any part of a subdivision of a larger tract of land, nor offer for recording in the office of the county recorder any deed conveying such parcel of land, or any interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this chapter; provided, that this chapter may not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this chapter.

B.

Prior to the review of any property plat amendment, subdivision of land or quit claim deed of property, Riverdale City requires that any and all of the affected property's or properties' prior year (delinquent) taxes, interest and penalties be paid.

(Ord. 824, 12-4-2012, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Preapplication Concept Review: Each applicant who proposes to subdivide land within the territorial limits of the city shall have the opportunity to request a preapplication review meeting with the city planning staff committee before preparing any plats, charts, or plans. The city highly recommends a preapplication concept plan review meeting prior to submitting a Preliminary Subdivision Plat Application. A preapplication concept plan meeting is optional and does not count toward the maximum number of review cycles for subdivision land use applications. Within ten (10) business days after the request, the city planning staff committee shall schedule the meeting to review the concept plan and give initial feedback.

B.

The preapplication meeting is intended to provide and explain the city's subdivision requirements and general plan that apply to the proposed subdivision and to discuss the proposed plan of development of the tract. The city planning staff committee shall provide or make available on the city's website copies of applicable land use regulations; a complete list of standards required for the project; preliminary and final application checklists; and feedback on the concept plan (if there is any feedback).

C.

Preapplication Sketch Submission: If a preapplication meeting is requested by the applicant, the applicant shall submit two (2) copies of conceptual sketches showing the proposed preliminary plat and site plan for review by the city planning staff committee. The provided sketches are expected to show the relationship to proposed traffic arteries, existing arteries, utilities, shopping centers, schools, parks, or other infrastructure or city facilities.

D.

Information Form: The city shall provide a subdivision information form to the applicant to be completed and submitted by the applicant to the planning commission prior to submission of the complete preliminary subdivision plat and site plan.

E.

Preliminary Plat Fee: A fee shall be assessed in the amount as established by resolution of the city council to offset the cost of reviewing and other related work performed by the city and engineering staff associated with the review of the preliminary plat and site plan. The fee amount shall be as provided in the consolidated fee schedule set forth in Title 1, Chapter 12 of this code. No preliminary plat or site plan may be presented to the planning commission or city staff without the payment of the fee.

(1985 Code § 19-40-4; amd. 2001 Code; amd. Ord. 854, 5-6-2014; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Required: Each applicant shall prepare a preliminary plan of such subdivision, which may not include the subdivision improvement plans, and shall submit four (4) large (24"x36") sized set of prints, one (1) small (11"x17") sized set of prints, and one digital full set submittal of all preliminary plans and plat to the planning commission and city staff. One copy of the submitted preliminary subdivision plan shall be delivered by the city staff to each of the following for the information and recommendation of such officials and departments: city engineer, fire department, police department, public works department, city administration, and other pertinent city departments.

B.

The preliminary plans must be received by the city staff no later than fifteen (15) business days prior to the scheduled administrative land use authority meeting in order to allow sufficient time to be reviewed and to receive recommendations from the foregoing listed departments. The administrative land use authority, i.e., planning commission, may receive public comment; and may hold no more than one public hearing as part of the authority's review process.

C.

Scale; Information Required: The preliminary plan shall be drawn to a scale not fewer than one hundred feet to the inch (1" = 100'), and shall show:

1.

The proposed name of the subdivision.

2.

The location of the subdivision as forming a part of a larger tract or parcel where the plan submitted covers only a part of the applicant's tract, or only a part of a larger vacant area. In such case, a sketch of the prospective future street system of the unplanned parts shall be submitted and the street system of the part submitted shall be considered in the light of adjustments and connections with the future street system of the larger area.

3.

Sufficient information to locate accurately the property shown on the plan.

4.

The name and address of the applicant; the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided.

5.

Contour map at appropriate intervals where required by the planning commission.

6.

The boundary lines of the tract to be subdivided.

7.

The location, widths and other dimensions of all existing or platted streets and other significant features such as railroad lines, watercourses, exceptional topography, and buildings within the tract or within two hundred feet (200') of the tract to be subdivided.

8.

Existing and proposed sanitary sewers, storm drains, water supply mains and culverts within the tract or within one hundred feet (100') thereof.

9.

The location, widths and other dimensions of proposed streets, alleys, easements, parks, and other open spaces and lots, with proper labeling of spaces to be dedicated to the public.

10.

North point, scale and date.

D.

Decision of Planning Commission: The planning commission as the administrative land use authority shall complete the initial review of the complete preliminary subdivision application, excluding subdivision improvement plans, no later than fifteen (15) business days after the applicant's submission. The planning commission may approve or reject the preliminary plan and plat, or grant approval with any conditions stated by the planning commission. Approval of the preliminary plan and plat by the planning commission does not constitute final acceptance of the subdivision by the planning commission. One copy of the approved preliminary plan and plat shall be retained in the city offices and one copy shall be made available to the applicant, if so requested. The planning commission's approval of the subdivision preliminary plan and plat shall be the authorization for the applicant to proceed with the finalization of plans and specifications of this chapter and with the preparation of the final plat and plan.

E.

The administrative land use authority, city staff, or departments may not engage in substantive in review of subdivision improvement plans during the preliminary plan approval stage or at any other time prior to the beginning of the review cycles for subdivision improvement plans during final plat approval.

F.

The applicant's preliminary subdivision application(s) and materials will be maintained, published, and accessible at the Riverdale City offices. These materials shall include: the application; the owner's affidavit; the electronic copy of all plans in the PDF formatting; the preliminary subdivision plat drawings excluding subdivision improvement plans (which are required for final approval); and the breakdown of fees due upon approval of the application.

G.

Term of Approval: Approval of the preliminary plan and plat by the planning commission shall be valid for a maximum period of twelve (12) months after approval, unless upon application of the applicant the planning commission grants the applicant a six (6) month extension. If the final plat has not been recorded within the twelve (12) month period, the preliminary plan and plat must again be submitted to the planning commission for reapproval.

(1985 Code § 19-40-5; amd. Ord. 815, 9-25-2012; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

Prior to the final plat being presented to the city planning staff committee for final review and consideration for approval or denial, the applicant shall satisfy one of the following requirements:

A.

Escrow Deposit: Enter into a developer's agreement with the city and furnish satisfactory proof of an escrow deposit in favor of the city in an amount equal to the cost of the improvements required for the subdivision, plus ten percent (10%) of the costs, with the amounts to be released pursuant to the terms and conditions of the developer's agreement; or

B.

Performance Bond: Enter into a developer's agreement with the city and furnish to the city a developer's performance bond in an amount equal to the cost of the improvements required for the subdivision, plus ten percent (10%) of the costs, with the bond to be released pursuant to the terms and conditions of the developer's agreement.

(Ord. 871, 9-1-2015; amd. Ord. 926, 10-20-2020, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Planning Staff Committee Review: Prior to final technical review of the final subdivision plan and plat, the applicant's engineer shall submit the proposed final plat, with any changes and modifications as directed at the preliminary review by the planning commission, along with a letter of certification that each lot meets the requirements of this title to the city planning staff committee. The city planning staff committee, after reviewing the proposed final plat and confirming that all the above fees and financing guarantees have been satisfied, shall review the final subdivision plan and plat for appropriate final action. Review of the final subdivision application and plat may not begin until the preliminary subdivision application has been approved by the administrative land use authority. Under no circumstances may the administrative land use authority grant final approval.

B.

Preparation of Plat: After compliance with the provisions of subsection A. of this section, and sections 10-21-5 and 10-21-6, a final plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not in the employ of the city in conformance with the design standards of section 10-21-13 of this chapter and submitted within one year from the date of preliminary plan approval unless the time is extended by the planning commission; otherwise, such approval shall be considered to have been withdrawn. Four (4) large (24"x36") sized set of prints, one (1) small (11"x17") sized set of prints, and one (1) digital full set submittal of all final plans and of the final plat shall be submitted to the city planning staff committee.

C.

Improvement Plans: Prior to the construction of any improvements required in section 10-21-15 of this chapter, or to the submission of financial guarantees, the applicant shall furnish to the city engineer all subdivision improvement plans, information and data necessary for said improvements. These plans shall be examined by the city engineer and shall be approved if the city engineer determines them to be in accordance with the requirements of section 10-21-15. No construction of buildings may begin until after recording of the final plat.

D.

City Review Cycle Process: The city planning staff committee shall be permitted up to fifteen (15) business days to complete the initial review of the complete final subdivision land use application, including the subdivision improvement plans, the ordinance review, and the plan to provide corrections and review comments thereto. Subdivision plat and plan responses and revisions, as provided by the applicant, may thereafter be re-submitted to the city planning staff committee to address the identified city planning staff committee's corrections and commentaries. However, the city may not review the subdivision plan and plat for more than four (4) total review cycles during the entire subdivision submittal and review process, excluding the preapplication review process if requested by the applicant. During the final review cycle, the city planning staff committee shall be allowed up to twenty (20) business days to take final action and provide the applicant with an official city decision regarding the final plan and plat submittal.

E.

Waiver. Any change or correction that is not addressed or referenced in the city's plan review shall be considered waived unless: the change or correction is necessary to address the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure of the specific development; the modification or correction is necessary to protect public health or safety; or to enforce state or federal law. If any requirement of this ordinance or the applicable standards is proposed to be satisfied by relation to or incorporation of components of another phase or related development, the applicant shall enter into a development agreement with Riverdale governing the applicable phases or related development or otherwise modify the application to satisfy all requirements independently.

F.

Effect of Material Changes. If the applicant makes a material change to the plan set, the city may restart the review process as the first review of the final application regarding the portion of the plan set that the material change substantially affects.

G.

Applicant's Failure to Submit Revised Plan. If the city requires a modification or correction of the final application, the applicant must submit the revised plan within twenty (20) business days. Applicant's failure to submit the required modifications or corrections within the twenty (20) business days shall result in an additional twenty (20) business days for the city to respond to the modified or corrected plans.

H.

After the applicant has responded to the final review cycle, in compliance with each modification requested in the city planning staff committee's previous review cycle, the city planning staff committee may not require additional revisions if the applicant has not materially changed the plan, except changes that were in response to previously requested modifications or corrections.

I.

The applicant shall provide a written explanation to each of the city planning staff committee's review comments, identifying, and explaining the applicant's revisions and reasons for declining to make revisions, if any. The written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design, including an index of requested revisions or additions to each required correction. The review process is not considered complete if the applicant fails to address a review comment in the response. The subsequent review cycle may not begin until all comments are addressed.

J.

On the fourth or final review, if the city planning staff committee fails to respond within twenty (20) business days, the city planning staff committee shall, upon request of the applicant, and within ten (10) business days after the request is received:

1.

For a dispute arising from the subdivision improvement plans, coordinate a meeting with the city appeal authority pursuant to Utah Code Annotated Subsection 10-9a-508(5)(d) to review and approve or deny the final revised set of plans; or

2.

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

K.

Drawing: The final plat, if approved by the city planning staff committee, shall consist of a sheet of approved tracing linen (mylar paper), to the outside or trim line dimensions of nineteen inches by thirty inches (19"x30") and the border line of the plat shall be drawn in heavy lines leaving a space of at least one-half inch ( ¹ / ₂ ") margin on all four (4) sides. The approved plat shall be so drawn that the top of the drawing faces either north or west, whichever accommodates the drawing best. All lines, dimensions and markings shall be made on the tracing linen with waterproof black drawing ink. The approved plat shall be made to a scale large enough to clearly show all details, in any case not fewer than one hundred feet to the inch (1" = 100'), and workmanship on the finished drawing shall be neat, clean cut and readable. The approved plat shall be signed by all parties listed in subsection J5. of this section, who are duly authorized and required to sign and shall contain the following information:

1.

A subdivision name, approved by the county recorder, and the general location of the subdivision, in bold letters at the top of the sheet.

2.

A north point and scale of the drawing, and the date.

3.

Accurately drawn boundaries, showing the proper bearing and dimensions of all boundary lines of the subdivision, properly tied to public survey monuments. These lines should be slightly heavier than street and lot lines.

4.

The names, widths, lengths, bearings, and curve data on centerlines of proposed streets, alleys, and easements; the boundaries, bearings, and dimensions of all portions within the subdivision as intended to be dedicated to the use of the public; and the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the subdivision. All lots and blocks are to be numbered consecutively under a definite system approved by the city planning staff committee. All proposed streets shall be named or numbered in accordance with and in conformity with the adopted street naming and numbering system as outlined in Title 9, Chapter 5 of the city code.

5.

The standard forms approved by the city planning staff committee as lettered for the following on the final approved plat:

a.

Description of land to be included in the subdivision.

b.

Registered professional engineer and/or land surveyor's "certificate of survey".

c.

Owner's dedication.

d.

Notary public's acknowledgment.

e.

Planning commission's signature block for certificate of approval.

f.

City engineer's signature block for certificate of approval.

g.

City attorney's signature block for certificate of approval.

h.

Mayor's certificate of acceptance signature block with space to allow for the signature to be attested by the city recorder.

6.

A three-inch by three-inch (3"x3") space in the lower right-hand corner of the drawing for recording information.

7.

After approving the final plat, the city planning staff committee shall submit the plat for approval to the city engineer, who shall bill the applicant for this review, and shall check the engineering requirements of the drawing. After approval and signature by the city engineer, the plat shall be submitted to the city attorney, planning commission, and mayor for signatures and certificate of acceptance. The final plat, bearing all official approvals as above required, shall be returned to the applicant for recording at the expense of the applicant. No subdivision may be recorded in the office of the county recorder and no lot included in such subdivision may be sold or exchanged and no offer amy be made to sell or exchange any such lot unless and until the plat is approved and accepted.

L.

Expiration of Final Subdivision Plat Approval; Extension of Final Subdivision Plat Approval:

1.

After the final subdivision plat has been recorded in the Office of the Weber County Recorder, the applicant(s) may apply for building permits consistent with the approved and recorded final subdivision plat and consistent with the city requirements for a building permit. The approval of a final subdivision application shall be effective for a period of one (1) year from the date the final subdivision application is approved by the city planning staff committee, at the end of which time the final subdivision plat shall have been recorded in the office of the Weber County Recorder.

2.

If the approved final subdivision plat is not recorded within the one (1) year period of date of approval, and the city planning staff committee has not extended the approval of the final subdivision plat, the final subdivision approval shall be void and any vested rights thereunder will therefore be void, whereupon the city planning staff committee may require that a new subdivision plat be submitted and approval obtained pursuant to this section. A written request may be submitted to the city planning staff committee prior to expiration of the final subdivision plat for an extension of up to six (6) months. The city planning staff committee may grant such an extension for good cause. Once the application has expired, in order to reintroduce the proposed subdivision development, the applicant must submit a new application with all applicable fees.

(Ord. 881, 7-20-2016, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

The following process shall be followed to create a multiple-family residential, commercial subdivision, or manufacturing use subdivision in the city:

A.

Preapplication Concept Review: Each applicant who proposes to subdivide land within the territorial limits of the city shall confer with the city planning staff committee before preparing any plats, charts, or plans. The preapplication meeting is intended to provide and explain the city's subdivision requirements, the general plan guidelines that apply to the proposed subdivision, and to discuss the proposed plan of development of the tract.

B.

Preapplication Sketch Submission: The applicant shall submit two (2) copies of conceptual sketches showing the proposed preliminary plat and site plan for review by the city planning staff committee. The provided sketches are expected to show the relationship to proposed traffic arteries, existing arteries, utilities, shopping centers, schools, parks, or other infrastructure or city facilities.

C.

Information Form: A subdivision information form to be supplied to the applicant by the city staff shall be completed and submitted to the planning commission with submission of the preliminary plat and site plan.

D.

Preliminary Plat Fee: A fee shall be assessed in such amount as established by resolution of the city council to offset the cost of reviewing and other related work performed by the city and engineering staff associated with the review of the preliminary plat and site plan. The fee amount shall be as provided in the consolidated fee schedule set forth in title 1, chapter 12 of this code. No preliminary plat and site plan may be presented to the planning commission or city council without the payment of said fee being received by the city.

(1985 Code § 19-40-4; amd. 2001 Code; amd. Ord. 854, 5-6-2014; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Required: Upon completing the requirements set forth in section 10-21-8 of this chapter, each person who proposes to subdivide land in the city shall prepare a preliminary plan of such subdivision and shall submit four (4) large (24"x36") sized set of prints, one (1) small (11"x17") sized set of prints, and one digital full set submittal of all preliminary plans and plat thereof to the planning commission and city. One print shall be delivered by the city staff to each of the following for the information and recommendation of such officials and departments: city engineer, fire department, police department, public works departments, city administration, and other pertinent city departments.

B.

Preliminary plans must be received by the city no later than the end of the day ten (10) business days prior to the next scheduled planning commission meeting in order to allow sufficient time to be reviewed and to receive recommendations from the foregoing listed departments.

C.

Scale; Information Required: The preliminary plan shall be drawn to a scale not fewer than one hundred feet to the inch (1" = 100'), and shall show:

1.

The proposed name of the subdivision.

2.

The location of the subdivision as forming a part of a larger tract or parcel where the plan submitted covers only a part of the applicant's tract, or only a part of a larger vacant area. In such case, a sketch of the prospective future street system of the unplanned parts shall be submitted and the street system of the part submitted shall be considered in the light of adjustments and connections with the future street system of the larger area.

3.

Sufficient information to locate accurately the property shown on the plan.

4.

The name and address of the applicant; the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided.

5.

Contour map at appropriate intervals where required by the planning commission.

6.

The boundary lines of the tract to be subdivided.

7.

The location, widths, and other dimensions of all existing or platted streets and other significant features such as railroad lines, watercourses, exceptional topography, and buildings within the tract or within two hundred feet (200') of the tract to be subdivided.

8.

Existing and proposed sanitary sewers, storm drains, water supply mains and culverts within the tract or within one hundred feet (100') thereof.

9.

The location, widths and other dimensions of proposed streets, alleys, easements, parks, and other open spaces and lots, with proper labeling of spaces to be dedicated to the public.

10.

North point, scale and date.

D.

Decision of Planning Commission: The planning commission may approve or reject the preliminary plan and plat, or grant approval with the conditions stated by the planning commission. Approval of the preliminary plan and plat by the planning commission may not constitute final acceptance of the subdivision by the planning commission. One copy of the approved preliminary plan and plat shall be retained in the city offices and one copy shall be made available to the applicant, if so requested. The planning commission's approval of the subdivision preliminary plan and plat shall be the authorization for the applicant to proceed with the finalization of plans and specifications of this chapter and with the preparation of the final plat and plan.

E.

Improvement Plans: Prior to the construction of any improvements required in section 10-21-15 of this chapter, or to the submission of financial guarantees, the applicant shall furnish to the city engineer all subdivision improvement plans, information, and data necessary for said improvements. These plans shall be examined by the city engineer and shall be approved if the city engineer determines them to be in accordance with the requirements of section 10-21-15. No construction of buildings may begin until after recording of the final plat.

F.

Term of Approval: Approval of the preliminary plan and plat by the planning commission shall be valid for a maximum period of twelve (12) months after approval, unless upon application of the applicant, the planning commission grants the applicant a six (6) month extension. If the final plat has not been recorded within the twelve (12) month period, the preliminary plan and plat must again be submitted to the planning commission for reapproval.

(1985 Code § 19-40-5, amd. Ord. 815, 9-25-2012; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

Prior to the final plat being presented to the city council for final review and consideration for approval or denial, the applicant shall satisfy one of the following requirements:

A.

Escrow Deposit: Enter into a developer's agreement with the city and furnish satisfactory proof of an escrow deposit in favor of the city in an amount equal to the cost of the improvements required for the subdivision, plus ten percent (10%) of the costs, with the amounts to be released pursuant to the terms and conditions of the developer's agreement; or

B.

Performance Bond: Enter into a developer's agreement with the city and furnish to the city a developer's performance bond in an amount equal to the cost of the improvements required for the subdivision, plus ten percent (10%) of the costs, with the bond to be released pursuant to the terms and conditions of the developer's agreement.

(Ord. 871, 9-1-2015; amd. Ord. 926, 10-20-2020, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Planning Staff Committee Review: Prior to final review of the final subdivision plan and plat, the applicant's engineer shall submit the proposed final plat, with any changes and modifications as directed at the preliminary review by the planning commission, along with a letter of certification that each lot meets the requirements of this title to the city planning staff committee. The city planning staff committee, after reviewing the proposed final plat and confirming that all the above fees and financing guarantees have been satisfied, shall present the final plat to the planning commission for appropriate final recommendation to city council consideration.

B.

Preparation of Plat: After compliance with the provisions of subsection A of this section, and sections 10-21-9 and 10-21-10, a final plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not in the employ of the city in conformance with the design standards of section 10-21-13 of this chapter and submitted within one year from the date of preliminary plan approval unless the time is extended by the planning commission; otherwise, such approval shall be considered to have been withdrawn. Four (4) large (24"x36") sized set of prints, one (1) small (11"x17") sized set of prints, and one (1) digital full set submittal of all final plans and the final plat shall be submitted to the planning commission at least ten (10) business days prior to the date of the planning commission meeting, at which time such final plat and plan is to be considered for a recommendation to the city council.

C.

Submittal of Final Plat and Plan: After the proposed final plat and plan have received a planning commission recommendation to the city council, the applicant shall revise the final plat and plan prior to submittal to the city council for final consideration. Four (4) large (24"x36") sized set of prints, one (1) small (11"x17") sized set of prints, and one (1) digital full set submittal of all final plans and the final plat shall be submitted to the city for the city council review at least ten (10) business days prior to the date of the city council meeting, at which time such final plat and site plan is to be considered by the city council.

D.

Drawing: The final plat, if approved by the city council, shall consist of a sheet of approved tracing linen (mylar paper), to the outside or trim line dimensions of nineteen inches by thirty inches (19"x30") and the border line of the plat shall be drawn in heavy lines leaving a space of at least one-half inch ( ¹ / ₂ ") margin on all four (4) sides. The approved plat shall be so drawn that the top of the drawing faces either north or west, whichever accommodates the drawing best. All lines, dimensions and markings shall be made on the tracing linen with waterproof black drawing ink. The approved plat shall be made to a scale large enough to clearly show all details, in any case not fewer than one hundred feet to the inch (1" = 100'), and workmanship on the finished drawing shall be neat, clean cut and readable. The approved plat shall be signed by all parties listed in subsection D.5. of this section, who are duly authorized and required to sign and shall contain the following information:

1.

A subdivision name, approved by the county recorder, and the general location of the subdivision, in bold letters at the top of the sheet.

2.

A north point and scale of the drawing, and the date.

3.

Accurately drawn boundaries, showing the proper bearing and dimensions of all boundary lines of the subdivision, properly tied to public survey monuments. These lines should be slightly heavier than street and lot lines.

4.

The names, widths, lengths, bearings, and curve data on centerlines of proposed streets, alleys, and easements; the boundaries, bearings, and dimensions of all portions within the subdivision as intended to be dedicated to the use of the public; and the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the subdivision. All lots and blocks are to be numbered consecutively under a definite system approved by the city council. All proposed streets shall be named or numbered in accordance with and in conformity with the adopted street naming and numbering system as outlined in Title 9, Chapter 5 of the city code.

5.

The standard forms approved by the city council as lettered for the following on the final approved plat:

a.

Description of land to be included in the subdivision.

b.

Registered professional engineer and/or land surveyor's "certificate of survey".

c.

Owner's dedication.

d.

Notary public's acknowledgment.

e.

Planning commission's signature block for certificate of approval.

f.

City engineer's signature block for certificate of approval.

g.

City attorney's signature block for certificate of approval.

h.

Mayor's certificate of acceptance signature block with space to allow for the signature to be attested by the city recorder.

6.

A three-inch by three-inch (3"x3") space in the lower right-hand corner of the drawing for recording information.

7.

After approving the final plat, the city planning staff committee shall submit the plat for approval to the city engineer, who shall bill the applicant for this review, and shall check the engineering requirements of the drawing. After approval and signature by the city engineer, the plat shall be submitted to the city attorney, planning commission, and mayor for approval signatures and certificate of acceptance. The final plat, bearing all official approvals as above required, shall be returned to the applicant for recording at the expense of the applicant. No subdivision may be recorded in the office of the county recorder and no lot included in such subdivision may be sold or exchanged and no offer may be made to sell or exchange any such lot unless and until the plat is so approved and accepted.

E.

Expiration of Final Subdivision Plat Approval; Extension of Final Subdivision Plat Approval:

1.

After the final subdivision plat has been recorded in the Office of the Weber County Recorder, the applicant(s) may apply for building permits consistent with the approved and recorded final subdivision plat and consistent with the city requirements for a building permit. The approval of a final subdivision application shall be effective for a period of one (1) year from the date the final subdivision application is approved by the city council, at the end of which time the final subdivision plat shall have been recorded in the office of the Weber County Recorder.

2.

If the approved final subdivision plat is not recorded within the one (1) year period of date of approval, and the planning commission has not extended the approval of the final subdivision plat, the final subdivision approval shall be void and any vested rights thereunder will be lost, whereupon the planning commission may require that a new subdivision plat be submitted and approval obtained pursuant to this section. A written request may be submitted to the planning commission prior to expiration of the final subdivision plat for an extension of up to six (6) months. The planning commission may grant such an extension for good cause. Once the application has expired, in order to reintroduce the proposed subdivision development, the applicant must submit a new application with all applicable fees.

(Ord. 881, 7-20-2016, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

Prior to commencement of construction, the applicant shall furnish to the city engineer a complete set of construction plans and profiles prepared by a licensed professional engineer not in the employ of the city of all streets, existing and proposed, within the subdivision with the final plat. The city engineer, within a reasonable time not to exceed twenty (20) days from receipt of plans, shall notify the applicant of approval or disapproval and, in case of disapproval, the reason therefore.

(1985 Code § 19-40-7; amd. Ord. 988, 11-6-2024)

A.

Street Arrangement: The arrangement of streets in new subdivisions shall require the continuation of the existing streets in adjoining areas (or their proper protection where adjoining land is not subdivided), if considered necessary by the planning commission for meeting public requirements. The street arrangement may not cause unnecessary hardship to any owner of adjoining property when the owner plats the owner's land and seeks to provide convenient access to it.

B.

Minor Streets: Minor streets shall approach the major or collector streets at an angle of not less than eighty degrees (80°).

C.

Major and Collector Streets: Major and collector streets shall conform to the width designated on the major street plan where a subdivision falls in an area where a major street plan has been adopted. For territory where such street plan has not been completed at the time the subdivision preliminary plan is submitted to the planning commission, major or collector streets shall be provided as required by the planning commission with minimum widths of one hundred feet (100') for major streets and sixty-six feet (66') for collector streets.

D.

Minor Residential Streets: Minor residential streets shall have a minimum width of sixty feet (60'), except that cul-de-sacs (dead-end streets) or loop streets serving not more than ten (10) lots may have minimum widths of not less than fifty feet (50').

E.

Alleys: Alleys shall have a minimum width of twenty feet (20'). Alleys may be required in the rear of business lots but will not be accepted in residential blocks except under unusual conditions where such alleys are considered necessary by the planning commission.

F.

Cul-de-Sacs: Cul-de-sacs (turnarounds or dead-end streets) shall be used only where unusual conditions exist which make other designs undesirable. Cul-de-sacs are not desirable. Cul-de-sacs are not favorable to the city and will generally not be acceptable in subdivision plans. Each cul-de-sac must be terminated by a turnaround not less than one hundred feet (100') in diameter and cannot be a distance longer than four hundred feet (400') from the center of the intersection to the throat of the cul-de-sac. In the event that surface water drains into the cul-de-sac, necessary catch basins and drainage easements shall be provided.

G.

Easements: Easements for drainage through the property may be required by the city engineer, and easements of not less than ten feet (10') in width shall be provided if required for utilities or other purposes.

H.

Service Roads: Service roads paralleling major streets shall be required unless the planning commission approves double-frontage lots which may back onto major highways or collector streets as designated on the major street plan. Where lots back onto a major highway or collector street, a buffer planting strip of trees or shrubs shall be provided in a width of ten feet (10') or wider, but in no case less than ten feet (10').

I.

Blocks:

1.

Blocks may not exceed one thousand six hundred feet (1,600') in length. A dedicated walkway through the block may be required where access is necessary to a point designated by the planning commission. Such walkway shall be a minimum of four feet (4') in width but may be required to be wider where determined necessary by the planning commission. The applicant shall surface the full width of the walkway with a concrete surface, install a chain-link fence or its equal four feet (4') high on each side and the full length of each walkway, and provide, in accordance with the standards and rules and regulations, barriers at each walkway entrance to allow vehicles no wider than four feet (4').

2.

The width of blocks generally shall be sufficient to allow two (2) tiers of lots.

3.

Irregular shaped blocks, indented by cul-de-sacs, or containing interior spaces, will be acceptable when properly designed and fitted to the overall plat.

4.

Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

J.

Lots:

1.

The lot arrangement and design shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related to topography and to existing and probable future requirements.

2.

All lots shown on the subdivision plan must conform to the minimum requirements of this title for the zone in which the subdivision is located, and to the minimum requirements of the city engineer and the state board of health for sewage disposal. The minimum width for any residential building lot shall be as required by this title. Where a public sewer is not available, the minimum area of such lot shall be no less than that approved in a letter to the planning commission by the board of health nor less than twenty thousand (20,000) square feet, whichever is greater.

3.

Each lot shall abut on a street dedicated by the recording of the subdivision or on an existing publicly dedicated street, or on a street which has become public by right of use and is more than twenty-six feet (26') wide. Interior lots abutting on more than one street shall be prohibited except where unusual conditions make other design undesirable.

4.

Corner lots shall have extra width sufficient for maintenance of required building lines on both streets.

5.

Side lines of lots shall be approximately at right angles, or radial to the street line.

6.

All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.

7.

Where the land covered by a subdivision includes two (2) or more parcels in separate ownership and the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to either single or joint ownership before approval of the final plat, and such transfer certified to the planning commission by the county recorder.

(1985 Code § 19-40-8; amd. 2001 Code; amd. Ord. 591, 7-3-2001; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

When the preliminary plan is submitted for the division of property, a part or all of which is deemed suitable by the planning commission for schools, parks, playgrounds, or other public use in accordance with the master plan, the planning commission shall require the applicant to include the required public open space in the subdivision design to the satisfaction of the planning commission.

B.

The applicant, at or before the time of presentation of the final subdivision plat for approval of the city council, shall offer to sell to the city or other appropriate agency, at any time during the two (2) year period immediately following the recording of the final plat, any land which has been set aside for park, playground, school or other public use at a fair market price.

C.

In the case of land required for park or playground, the fair market price will be based upon raw land value, but in no event may such price exceed the price for said land in the last bona fide sale thereof within the period of five (5) years immediately before the date of the final subdivision plat.

D.

The city or other appropriate public agency may accept such offer at any time within a two (2) year period immediately following the recording of the final plat. If any such proposed public areas have not been purchased by the appropriate public agency within two (2) years after the recording of the final plot, such areas may be divided into lots in accordance with the requirements of this chapter and sold.

(1985 Code § 19-40-9; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Time of Construction: The improvements listed in this section may not be installed prior to recording the final plat. No improvements may be installed until their location and specifications are approved by the city engineer. Water and sewer mains and laterals and fire hydrants shall be installed prior to the installation of road base, curbs, gutters, and the surfacing of streets.

B.

Performance Guarantees:

1.

Before final plat approval by the city council, the applicant shall have satisfied the financing requirements of section 10-21-6 of this chapter. The required performance guarantees are to assure the actual construction of the following improvements within a period of two (2) years in a manner satisfactory to and in an amount specified by the city council. Improvements include part or all of the following: streets, curbs, gutters, water supply systems, fire hydrants, sewer systems, surface water disposal systems, protection from hazards of canals and ditches, safety fences, street trees, monuments, or other improvements required by the city council.

2.

Sidewalks shall be installed by the building contractor at the same time as the said contractor installs driveways and walkways on individual lots. Said installation of sidewalks shall be completed and in good repair at or before the time an application for occupancy is made to the community development director.

3.

The developer shall be responsible for the satisfactory performance of improvements dedicated to the city for a period of one year after inspection and final acceptance by the city. These improvements include, but are not limited to: streets, curbs, gutters, sidewalks, water main lines, fire hydrants, sewer mains and manholes, storm sewer mains and catch boxes, monuments, and street signs which are in a dedicated easement and are controlled solely by the city.

4.

The developer's engineer shall, as each improvement is installed, certify, in writing, that the installed improvements meet city standards and that said improvements have been completed as approved by the city. Said written certification shall be delivered to the city engineer, who shall make periodic on-site inspections for plan review and to verify the certification of the developer's engineer. The developer's engineer shall provide evidence to the satisfaction of the city engineer that the installed improvements meet city standards before the developer shall be allowed to proceed with other improvements on the development, or to begin construction of buildings or structures in the subdivision.

5.

In the event a utility easement or easements are provided to the city in connection with the installed improvements, the utility line shall be placed as close to the center of said easement as is reasonably possible.

C.

Standards: Standards for design, construction, specifications and inspection of street improvements, curbs and gutters, sidewalks and drainage facilities shall be prepared by the city engineer, standards of design and procedure by the planning commission, standards for water distribution and sewage disposal facilities by the state board of health and city engineer, and similar standards for fire hydrants by the city engineer and fire department. Such standards and rules and regulations, and any amendments thereto, before becoming effective, shall be adopted or amended by the city council as a part of this chapter after recommendation by the planning commission and shall be available to the public.

D.

Streets on Property of Other Public Agencies or Utility Companies: Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement and maintenance of such streets shall be obtained from the public agency or utility company and entered on the final plat in a form approved by the city attorney.

E.

Street Improvements: All streets shall be constructed by the applicant in accordance with the standards and rules and regulations of the city engineer.

F.

Curbs, Gutters, and Sidewalks: Curbs, gutters and sidewalks shall be installed on existing and proposed streets by the developer of the property in all subdivisions and must be put in prior to the sale of any subdivision or phase.

G.

Water Supply: A culinary water supply which must be approved by the city engineer and the state board of health shall be available to each lot in the subdivision and shall be provided in conformance with the standards and rules and regulations of the city.

H.

Fire Hydrants: Fire hydrants shall be installed by the applicant at locations determined by the city engineer and fire department in all subdivisions in accordance with the standards, rules, and regulations of the city.

I.

Sewage Disposal: Whether by individual disposal system or by public disposal facilities, sewage disposal shall be provided and approved by the city engineer and public works director for each lot in the subdivision in accordance with the standards, rules and regulations of the city.

J.

Surface Water: The applicant shall provide adequate methods of conveyance and disposal of stormwater and surface water at his expense, the plans for which shall be prepared by a licensed engineer not in the employ of the city and which shall be approved by the planning commission after recommendation by the city engineer. If easements are required across abutting property to permit drainage of the subdivision, it shall be the responsibility of the applicant to acquire such easements.

K.

Ditches and Canals: Open ditches or canals may not be allowed within or adjoining a subdivision. It shall be the applicant's responsibility to work with the irrigation, drainage or ditch companies and arrange for the covering, realigning or elimination of open ditches or canals. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be approved by the city engineer.

L.

Safety Fences: The applicant shall install a six foot (6') nonclimbable chain-link fence, or equivalent thereof, in conformance with all applicable standards, rules and regulations of the city, along all nonaccess streets, open reservoirs, bodies of water or railroad rights-of-way.

M.

Street Trees: Street trees may be provided at the option of the applicant, but when so provided, the variety and location of such trees shall be recommended by the planning commission staff and approved by the planning commission.

N.

Monuments: Permanent monuments shall be accurately set and established at such points as are necessary to definitively establish all lines of the plat, except those outlining individual lots. Monuments shall be of a type approved by the city engineer. All subdivision plats shall be tied to a corner or monument of record or established land office survey corner.

O.

Streetlights: The city shall install streetlights at each intersection of the subdivision. The installation shall be under the direction of the public works director and shall conform to the standards set forth in the city street lighting policy. The expense for the cost of materials and installation shall be borne by the applicant.

P.

Administrative Rules, Regulations; Authority: The city council is authorized to prescribe by administrative rule or regulation filed for record with the city recorder forms and procedures to ensure the orderly, regular, and efficient processing of applications for the approval of a proposed subdivision and the strict compliance with the requirements of this chapter.

Q.

Fees Deposited; Inspections: The applicant, upon submission of his plans, shall deposit with the city such fees as may be prescribed by resolution of the city council. The public works inspector shall oversee the inspection of all improvements and may request the assistance of the city engineer if the public works inspector deems it necessary. The applicant shall, prior to beginning any improvements as set forth herein, enter into a written agreement with the city to pay all fees or assessments associated with the services provided by the city or which become necessary for the enforcement of this chapter, as said services are rendered.

(Ord. 766, 9-7-2010; amd. Ord. 815, 9-25-2012; amd. Ord. 854, 5-6-2014; amd. Ord. 871, 9-1-2015; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A preliminary plan shall be required for all small subdivision submittals, based on the criteria listed below:

A.

For single-family dwelling, two-family dwelling, and townhome subdivisions, the applicant's preliminary plan submittal must be reviewed by the administrative land use authority, i.e., the planning commission, for recommendation to the city planning staff committee, and thereafter the preliminary plan must be reviewed for approval by the city planning staff committee.

B.

For multiple-family residential subdivisions, commercial subdivisions, or manufacturing use subdivisions, the preliminary plan must be reviewed by the planning commission for recommendation to the city council, and thereafter the preliminary plan must be reviewed for final approval by the city council.

C.

Approval of the final plan shall be authorization for the applicant to sell lots within the subdivision covered by the preliminary plan by metes and bounds, and the requirements of a final plan shall be waived. When final plans are not required, the applicant shall provide such improvements on existing streets within the subdivision as shall be required by the city council. Final plans may not be required where all the following conditions exist:

1.

The subdivision consists of not more than ten (10) lots.

2.

The subdivision does not require the dedication of any land for street or other public purposes.

3.

The subdivision is not traversed by the mapped lines of a proposed street or a street to be widened as shown on the major street plan.

4.

Each of the lots in the subdivision meets the frontage, width and area requirements of this title.

(1985 Code § 19-40-11, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

A.

Official: The community development director is hereby designated and authorized as the officer charged with the enforcement of this chapter. He shall enforce all the provisions of this chapter, entering actions in the courts when necessary and his failure to do so may not legalize any violation of such provisions.

B.

Permits: The community development director may not grant a permit, nor shall any city officer grant any license or permit for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any provisions of this chapter or on a lot in a subdivision created by judicial decree, until a subdivision plat therefor has been recorded, or approved under section 10-21-7 of this chapter. Any license or permit issued in conflict with such provisions shall be null and void.

C.

Inspections: The community development director shall inspect or cause to be inspected all buildings, fire hydrants, water supply, and sewage disposal systems during construction, installation, or repair. Excavations for fire hydrants and water and sewer mains and laterals may not be covered or backfilled until such installation shall have been approved by the city engineer. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the community development director.

D.

Fee: At the time any building permit is applied for to construct any building or structure in any subdivision which may be established, there shall be paid, along with such application for such building permit, a fee in such amount as prescribed by the city council as provided in the consolidated fee schedule set forth in title 1, chapter 12 of this code, which additional fee shall be in addition to the usual building permit fee which might otherwise be applicable. This additional fee shall be used to assist in defraying the expenses of the city in the creation of such subdivision.

(1985 Code § 19-40-12; amd. 2001 Code; Ord. 854, 5-6-2014; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be guilty of a class C misdemeanor and punished as is provided in section 1-4-1 of this code.

(1985 Code § 19-40-13, amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)