The purpose of this chapter is to promote the health, safety, and general welfare of the residents of the city of Santa Clara, Utah, by:

   A.   Promoting the efficient and orderly development of land located within the city;

   B.   Establishing policies, procedures, requirements, and standards for subdivision development;

   C.   Preserving and protecting the environmental quality and aesthetic character of hillside areas, other topographic features, and vegetative cover, and reducing the hazards to life and property from fire, flood, erosion, sedimentation, and soil slippage;

   D.   Providing lots of sufficient size and appropriate design for the purpose for which they are to be used;

   E.   Providing subdivision improvements of adequate capacity and design for traffic that will utilize them, and to ensure pedestrian and vehicle user safety.

(Ord. 2023-21:Ord. 2023-04 § 1: Ord. 2009-02 § 1)

This title shall apply to all subdivisions located wholly or in part within the city. To further define the scope of this title, but not in derogation of its purpose or scope, no person shall:

   A.   Subdivide a parcel of land except in compliance with this title;

   B.   Sell, exchange, offer to sell, or offer to exchange any land which is part of a subdivision or a tract of land, offer for recording in the office of the Washington County recorder any deed conveying a parcel of land, or any interest in it, unless that parcel of land is part of a subdivision created pursuant to this title;

   C.   Offer to sell or lease, to contract to sell or lease, or to sell or lease a subdivision in whole or part until a final plat, in full compliance with this title, has been recorded in the office of the county recorder;

   D.   Further divide, rearrange, or reduce the area of a lot within a subdivision without first obtaining the approval of the planning commission and the city council as provided in this title (a person may combine lots within a subdivision to create larger lots upon planning commission approval, and may vacate side and rear lot easements by action of the city council);

   E.   Receive a building permit on a lot within a subdivision until all subdivision improvements, including roads, pavements, and utilities are installed, unless waived by the planning commission;

   F.   Occupy a building or structure within a subdivision until the city accepts the subdivision improvements, any buildings and all lots fully complying with the city's subdivision and zoning ordinances;

   G.   Sell any portion of an approved subdivision until the prospective buyer or builder is advised that occupancy permits will not be issued until all subdivision improvements are completed.

(Ord. 2023-21 :Ord. 2023-04 § 1: Ord. 2009-02 § 1)

The ordinance codified in this title shall amend and supersede the city's existing subdivision ordinance. It is not a new enactment but a continuation of the previous ordinance, whether in the same or in different language. The new ordinance shall read in its entirety as set out in this title.

(Ord. 2023-21:Ord. 2023-04 § 1: Ord. 2009-02 § 1)

When the planning commission finds that unusual topographic or other conditions exist on a parcel of land subject to this title, the planning commission may allow for an exception to this title be granted. Upon recommendation by the the TRC, the Planning Commission may change or except the lands from all or a part of the requirements of this title. However, the exception or changes authorized by the Planning Commission shall not substantially frustrate the intent of this title.

(Ord. 2023-21:Ord. 2023-04 § 1: Ord. 2009-02 § 1)

Those uses of land specifically exempted from subdivision by the Utah state code shall be exempt from the provisions of this title.

(Ord. 2023-21:Ord. 2023-04 § 1: Ord. 2009-02 § 1)

The city council shall from time to time establish and reestablish subdivision filing fees.

(Ord. 2023-21:Ord. 2023-04 § 1: Ord. 2009-02 § 1)

As used in this title:

 

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

Development of any subdivision shall comply with the following procedures.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Before initiating the process for subdivision plat consideration, the owner, which may be the owner, or an agent designated by the owner and authorized to act for the owner, shall obtain and review the following:

      1.   The city's subdivision ordinance.

      2.   The city's general plan, land use ordinance, construction standards, and other applicable information.

      3.   Plat maps and record of survey maps of existing subdivisions and parcels of land adjacent to the proposed subdivision.

      4.   A copy of the city's hillside protection overlay, HP zone where applicable.

   B.   The owner shall visit with the city technical review committee (TRC) to discuss the proposed subdivision, gain a general understanding of the subdivision procedure, and to discuss any other information relative to the specific area being considered for development.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

The preliminary plat step is the point at which the owner and city staff work closely together to resolve issues relative to the subdivision, and to determine its feasibility. All information required by this title as well as additional requirements of the hillside protection overlay, HP zone, floodplain ordinance, planned development zoning requirements, and any other information deemed to be appropriate to the proposed development, will all be reviewed at the preliminary plat phase. Reports from the hillside review board shall be required by the TRC, where applicable, prior to submitting the plat to the planning commission.

   A.   Preparation: The owner will prepare a preliminary plat and vicinity map. The preliminary plat shall contain all required information listed in this title, as applicable, and the vicinity map will show the relationship of the proposed subdivision to adjacent subdivisions and to the city in general.

   B.   Submission: The preliminary plat should be submitted promptly after concept plan review. If city ordinances or regulations change between concept plan review, and before preliminary plat submission, the owner must comply with the new ordinances and regulations. A minimum of four (4) scale drawings shall be submitted along with twelve (12) reduced eleven inch by seventeen inch (11" x 17") drawings, and one copy in electronic format.

   C.   Review By City Departments: The administrative officer shall deliver copies of the preliminary plat and vicinity plan to city departments affected by the proposed subdivision. City departments shall review the preliminary plat for compliance with city ordinances, policies, and regulations. Copies of their comments and suggestions will be reviewed with the owner as often as necessary at TRC meetings to resolve as many concerns as possible.

   D.   Completion: Upon completion of TRC and applicant review meetings, the owner shall submit the same number of copies of the completed preliminary subdivision plat with supporting documentation, pay the subdivision filing fee, and zone change application fee, as may be applicable, as found in the development fee schedule established by resolution of the city council from time to time. The preliminary plat shall be considered at the next available planning commission meeting. The administrative officer shall send all necessary notices, agendas, and other materials to members of the planning commission.

   E.   Planning Commission Review:

      1.    A preliminary plat application must be reviewed by the Planning Commission within fifteen (15) business days from the date of receiving a complete application. In considering the preliminary plat, the planning commission shall approve only those preliminary plats that it finds to be in accordance with the standards and criteria set forth in this title, and all other city ordinances and policies including, but not limited to, the general plan, the standard specifications for design and construction, the land use ordinance, the historic preservation ordinance, the building codes, and the city's land use, street, utility and drainage master plans, the hillside protection overlay zone, and soils and floodplain ordinances. The planning commission may approve the plat fully or conditionally, may impose conditions or revisions that they feel may be necessary to bring the subdivision into full compliance with city requirements, it may table the plat for further information or study, or it may reject the plat. If rejected, the planning commission shall indicate reasons for the rejection. The owner may redesign the plat using recommendations from the planning commission and reprocess it beginning with step three. If plat revisions are required, the owner shall complete the revisions, and the administrative officer shall resubmit the preliminary plat to the city staff for review, comment, and compliance with city ordinances. The officer will then place the plat on the next available planning commission agenda for further consideration.

      2.   The planning commission may set special meetings to visit the site prior to considering the preliminary plat for approval. All special meetings shall be advertised in the same manner as regular planning commission meetings. The planning commission may also schedule work meetings to consider aspects of the proposed development under the same advertising conditions as indicated for special meetings. The planning commission, during their review, may require further information to be submitted in addition to information already provided to the TRC.

   G.   Additional Studies: In carrying out its responsibilities pursuant to this section, the TRC, or planning commission may require the applicant to submit such additional information, data, studies, plans, analyses, or maps as may be necessary to make the factual determinations set forth herein. Any of the above groups may also request a third-party review at any time of the information submitted. If further study or information is required, the owner shall bear the full cost of meeting this requirement. In situations with severe limitations, actual construction drawings, as required in step four below, may be required for proper preliminary plan review and approval.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2015-19: Ord. 2009-02 § 1)

   A.   Following Planning Commission approval of the preliminary plat, the owner shall meet with the technical review committee (TRC) for detailed project design information. The owner's engineer shall prepare complete construction drawings for street profiles, utility construction, drainage, soils reports, flood studies, and any other drawings or plans required by this title, or the hillside protection overlay zone. The owner shall submit four (4) sets of scale drawings, along with twelve (12) reduced scale sets of the drawings, and one copy in an electronic format to the administrative officer for distribution to required departments.

   B.   The city departments shall review the final plat and construction drawings. Staff will submit comments to the administrative officer. Based upon review and comments, the city shall advise the owner of any required engineering drawing revisions. The owner shall revise the drawings to comply with the required revisions and submit four (4) sets of final scale drawings along with twelve (12) reduced size drawings, and one copy in electronic format, to the city. A review must be completed within 20 business days from the date of receiving a complete application. The City may perform up to four reviews on a given application. A review cycle is not considered complete until the applicant has adequately addressed all redlines identified by the City. The City may only add new redlines after the first review cycle in response to changes made or if a correction is necessary to protect the public health or safety, or to enforce state or federal law.

   C.   In considering the final plat for approval, the TRC shall approve only those final plats that it finds to be in accordance with the requirements of preliminary and final plat approval, the standards and criteria set forth in this title, and all other city ordinances and policies.

   D.   After TRC review and approval, the city shall review the final plat and construction drawings, along with an estimate from the applicant's engineer of estimated construction costs for the project.

   E.   The administrative officer will verify, using the subdivision ordinance check sheet, that all final plat requirements are submitted and reviewed before placing the final plat on the next regularly scheduled TRC meeting agenda. The TRC , after review, may approve, conditionally approve, request further changes or corrections, or deny the final plat. If changes are requested, it may be brought back to another TRC meeting for review. The TRC will approve the final plat, and the construction drawings, which may then be stamped as "approved". If a final plat is denied by the TRC , the applicant may make changes and submit a revised final subdivision plat for consideration.

   F.   Following TRC approval, the applicant shall post with the city, the required guarantees, inspection fees, impact fees, recording fees, approval from the city attorney that the title report is approved, and from the county treasurer that all taxes, fees, or other financial requirements have been paid in full.

   G.   Following completion of all steps listed above, the administrative officer shall obtain all required signatures on the plat and transmit the final signed plat to the county recorder. The recording fee shall be paid by the owner.

   H.   No development work of any type shall commence until TRC approval of the final plat and the construction drawings.

   I.   All final plats and construction drawings shall be prepared and approved within one year of Planning Commission approval of the preliminary plat. Any final plat not submitted and approved within one year of preliminary plat approval is void. If the owner, or any subsequent owner, later desires to submit this same or modified plat for approval, submittal shall begin with step three of this chapter.

   J.   A final plat must be recorded within eighteen (18) months of Planning Commission approval. Extensions may be granted by the Planning Commission for periods not to exceed eighteen (18) month intervals. Any plat, with or without posted guarantees, not recorded, nor extended, becomes void eighteen (18) months following Planning Commission approval. If the owner, or any subsequent owner later desires to develop the subdivision, the process shall start with step three of this chapter. Construction of any plat extended by the Planning Commission shall meet all requirements of the subdivision ordinance that may have been amended between the final approval and the actual construction of the subdivision.

   K.   Appeal Process: The following appeal processes may be applied for after the four review cycles have been exhausted and 20 business days have passed:

      1.   For disputes relating to public improvements or engineering standards, the City shall assemble a three-person panel of experts to include:

         a.   One licensed engineer designated by the City.

         b.   One licensed engineer designated by the applicant.

         c.   One licensed engineer, agreed upon, and designated by the two designated engineers.

      Members appointed to the panel may not have an interest in the application in question. The applicant must pay 50% of the total cost of the panel and the City's published appeal fee. The remaining 50% must be paid by the City. The panel's decision is final, unless the City or applicant petition for district court review within 30-days after a written decision is issued.

      2.   For all other disputes, the City shall refer the question(s) to the designated appeal authority at the applicant's request. The applicant must pay the required appeal fee.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

The following chapters 16.16 through 16.32 of this title identify specific design and construction standards, guarantees, studies, reports, and other information by which the subdivision will be processed, reviewed, approved, and constructed. The owner is encouraged to study these chapters as well as the previous chapters very carefully when preparing to submit a subdivision plat to the city of Santa Clara.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Preparation of Preliminary Plat. It is anticipated that if the Preliminary Plat complies with all requirements under this title, upon final approval of the Preliminary Plat, the Preliminary Plat shall be the basis for the Construction Drawings and Final Plat. Prior to preparing the Preliminary Plat, the applicant shall meet with the Technical Review Committee, TRC to discuss the subdivision proposal and review the Preliminary Plat and the requirements for the required plans, Construction Drawings, studies, and reports. The general requirements as to the layout of streets, street improvements, traffic impact studies, drainage, sewerage, fire protection, availability of existing services, and similar matters will be discussed.

   B.   Preliminary Plat. The Preliminary Plat shall be a clear and legible graphic representation of the subdivision, existing conditions, and proposed improvements. It shall be labeled and dimensioned and be of a suitable scale to graphically represent the proposed subdivision, existing and proposed improvements required by this title. The preliminary plat will comply with the following requirements and show the following information.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   The proposed name of the subdivision.

   B.   The location of the subdivision, including the address, quarter section, township, and range.

   C.   The owner's name and address.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   North arrow and scale: One-inch equals one hundred feet (1" = 100') is preferred. One-inch equals two hundred feet (1" = 200') is acceptable for larger subdivisions. A minimum of four (4) scale drawings shall be submitted. At least twelve (12) other copies shall be submitted. These additional copies may be in a reduced form on eleven by seventeen-inch (11 x 17") sheets along with an electronic copy.

   B.   The boundary line of the subdivision along with any proposed phasing plan.

   C.   All property under control of the owner showing phases being developed and an overall street system. The street system shall conform to the existing street master plan, and to local streets already approved adjacent to the proposed subdivision.

   D.   Existing and proposed contour lines at vertical intervals of not greater than two feet (2') unless otherwise approved by the city. Contours shall extend in all directions for a distance of one hundred feet (100') beyond the boundaries of the subdivision.

   E.   Any other information that the applicant or the city feels would be useful for proper identification and orientation of the proposed subdivision.

   F.   At the time of filing an application, the applicant shall schedule an appointment with the city. The city shall review the application for completeness and shall require that the applicant and owner (if different) provide an acknowledgment that they are responsible for obtaining a culinary water "Will-Serve" letter, or the equivalent from the Washington County Water Conservancy District, WCWCD. This requirement is in Chapter 17.04, General Provisions. The city may request that the applicant also present additional information to assist in determining the adequacy, quality, and characteristics of the subdivision proposal.

   G.   Once the application has been considered and determined to be complete, the application shall be reviewed according to the procedures set forth by this chapter. If the city finds that the application is incomplete, the application shall be rejected, returned to the applicant, and the applicant shall submit a complete application.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Streets: Location, width, and names of all streets within two hundred feet (200') of the subdivision.

   B.   Adjacent Tracts: Boundaries of adjacent tracts of subdivided and unsubdivided land, showing ownership where possible.

   C.   Zones: Identification of the zone or zones in which the property is located.

   D.   Public Objects: All public streets, utility rights of way, easements, parks, and other public open space within or adjacent to the proposed subdivision; all section and city boundary lines within and adjacent to the proposed subdivision.

   E.   Utilities: Sewer mains, sewer manholes, water mains, fire hydrants, power lines, power poles, culverts, or other facilities within one hundred feet (100') of the proposed subdivision.

   F.   Ditches And Drains: Ditches, drainage channels, waterways, storm drains, and major washes.

   G.   Floodplains: The location of the floodplain, floodway, and elevations designated by FEMA. No subdivision in the city shall be permitted in a floodplain.

   H.   Slopes: Any subdivision with hillside slopes must conform to the requirements of the hillside protection overlay zone as part of the preliminary plat approval.

   I.   Soils: A soils report is required on all lots in the city and on all lots in any subdivision. In addition, preliminary plat approval will require compliance with the requirements of the hillside protection overlay zone, as may be applicable.

   J.   Erosion Hazard Zones: The preliminary plat shall identify all potential erosion hazard zones, or lands that may be affected by the sensitive land's ordinance to the best knowledge of the applicant.

   K.   Historic Preservation: Information may be required by the historic preservation ordinance if the proposed subdivision falls within the historic preservation overlay zone.

   L.   Vicinity Map: A vicinity map shall be submitted to orient staff and the planning commission as to the specific location of the subdivision.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Streets And Utility Easements: The layout of streets and utility easements showing identification and dimensions. The proposed subdivision plat shall show how it will be served by existing or proposed streets, and a traffic impact study may be required to determine what impact the subdivision may have on other existing development.

   B.   Lots: The layout, number, and dimensions of lots.

   C.   Setback Lines: Building setback lines must be shown for all lots.

   D.   Parcels Set Aside: Parcels of land intended to be dedicated for public use or set aside for use of property owners in the subdivision as common or limited common areas.

   E.   Stormwater Drainage: A proposed plan to dispose of stormwater drainage for the subdivision including proposed realignment or regrading of existing drainageways upstream, within, and downstream of the subdivision. (Note that a stream alteration permit from the state of Utah may be required prior to the alteration of any stream or drainage channel.)

   F.   Wastewater Collection: Determine how the proposed subdivision can be served by the existing wastewater collection system without the off-site extension of any trunk or outfall line.

   G.   Wastewater Treatment: Determine how wastewater estimated to be generated by the proposed subdivision can be accommodated and treated in accordance with city standards and without any treatment plan expansion.

   H.   Water Supply and Storage: Determine how both the culinary and secondary irrigation water needs of the proposed subdivision can be accommodated in accordance with legally authorized and physically available water rights, and the capacity, storage, design, and construction requirements of the city without additional supply, or storage improvements. Developer may also be required to transfer to the city such water rights and/or water shares to the city, or pay a special assessment in lieu of such transfer, as may be established by ordinance.

   I.   Fire Flow: Show how the proposed development will be served by a central water system with appropriately located fire hydrants and adequate flows to meet insurance requirements (a minimum of 1,000 gallons per minute for a period of two (2) hours without additional capital improvements).

   J.   Fire Response Time: Determine if the proposed subdivision is within two (2) miles of a five (5) minute response time of an existing fire station.

   K.   Solid Waste: Determine that the proposed subdivision be served by the existing solid waste collection and disposal system.

   L.   Electrical Supply: Determine whether the electrical needs of the subdivision can be accommodated by the city power department, and under what conditions.

   M.   Parks: Determine that the proposed development is within one mile of a city park, or recreational facility, and within one-half (1/2) mile of a community or neighborhood park, all of which meet city acreage and facility standards, and can accommodate the population projected to be generated by the proposed subdivision development.

   N.   Phasing Plan: A phasing plan for the subdivision if phases are proposed.

   O.   Agreements With Outside Agencies: Where public services are proposed by agencies outside those operated by the city, the owner shall provide signed agreements with those agencies approving proposed plans and agreeing to install their systems in accordance therewith.

   P.   Other Items and Additional Studies: Other items that may be required by the planning commission, and which may be site specific for a subdivision and not to subdivisions in general. In carrying out its responsibilities pursuant to this section, the TRC, or planning commission, may require the applicant to submit such additional information, data, studies, plans, analyses, or maps, as may be necessary to make the factual determinations set forth herein. If so required, the owner shall bear the full cost of meeting this requirement. In situations with severe limitations, actual construction drawings, as required for final plat submission, may be required at the preliminary plat level.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2019-10 § 2: Ord. 2009-02 § 1)

The zoning laws of the city of Santa Clara shall confer no vested right to develop under the terms of the zone in which any proposed development is located if the development, due to access and/or other on-site development conditions which cannot, in the judgment of the city, be developed safely under reasonably anticipated conditions. Safety shall include safety to the users, their invites, safety to the residents of Santa Clara City, and to the public, and safety of the structural integrity of the improvements.

If the proposed subdivision presents a development condition that the city planning commission or the city council (hereinafter referred to as the "city") deems to be unsafe, the city shall require, prior to preliminary plat approval or building permit issuance (as the case may be), such engineering studies as may be reasonably required to render the site safe for the long-term viability and safety of the proposed building site. Included in the consideration of unsafe conditions shall be sites which have any, or a combination, of the following conditions:

   A.   Unsafe or steep access.

   B.   Steep slopes.

   C.   Underground water/damage issues.

   D.   Flooding issues (sites in 100-year floodplain, or subject to flood erosion that may extend beyond the 100-year floodplain).

   E.   Washes.

   F.   Adverse soils conditions.

   G.   Adverse rock or soils formations.

   H.   Slide hazards.

   I.   Liquefaction/earthquake hazard.

   J.   Such other hazards as may be considered unsafe by the city.

If an unsafe condition is found, then the city shall specify such studies as may be necessary to determine if safe mitigation is reasonably certain to allow the development to proceed. The city shall then consider the reports of the owner's experts/engineers, and the reports of any special consultants that the city may hire at the expense of the owner. The city shall also consider the effects of the development on adjacent properties where the site presents evidence of risk outside of the proposed development. The city may also conduct on site reviews of the possible unsafe condition. If, after review of these reports and the evidence presented, the city determines that the site may not be developed safely, then the project shall be denied to preserve the health, safety, and welfare of city residents. The city shall determine if a portion of the site can be developed, which ruling shall be given to the owner, and the owner shall be given the opportunity to submit an amended plan which can be developed safely. If an adverse ruling is given, the city shall issue written findings of the reasons why the site is not considered safe.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   City planning staff will transmit the Preliminary Plat, and Preliminary Plat review application, along with all accompanying plans, reports, and studies to appropriate city officials and other official agencies or bodies as deemed necessary or as required by law, to allow such persons to review the application.

   B.   After the Preliminary Plat review application is found to meet the requirements of this title, and all comments have been received from those to whom a request to review was made, the planning manager or designee shall cause the Preliminary Plat to be placed on the next available planning commission agenda, and shall notify the applicant of the date, time, and place of the meeting at which the application shall be reviewed.

   C.   The planning commission is the city land use authority for subdivision plats. The Planning Commission may grant approval of a Preliminary Plat which it finds to be in accordance with the standards and criteria set forth by the city in this title and all other ordinance, plans, and policies of the city. The planning commission may also conditionally approve a Preliminary Plat, imposing such conditions as it may require bringing the Preliminary Plat into compliance with the requirements of the city's ordinances, plans, and policies.

   D.   After reviewing the Preliminary Plat, the planning commission will make a determination that the Preliminary Plat be approved, conditionally approved, or disapproved.

   E.   Upon approval of the Preliminary Plat, and approval of the Construction Drawings, a permit may be issued which allows the applicant to begin construction at their own risk, of the infrastructure improvements required for the subdivision prior to the Final Plat approval. Issuance of a permit to construct infrastructure prior to Final Plat approval does not constitute a vesting of development rights.

   F.   If the final subdivision plat, or phase thereof, is not approved by the city within one (1) year after Planning Commission approval of the Preliminary Plat, all approvals shall be deemed expired and void. If eligible, the applicant may submit for approval a new Preliminary Plat in accordance with this section, if it is determined by the planning manager or designee that substantial progress toward completion of the final subdivision plat has been done, and the Final Plat cannot be submitted due to reasons beyond the control of the applicant, the item shall be placed on the next available Planning Commission agenda for consideration of a reasonable extension of time to complete the final plat, but no longer than one (1) year. A second extension not to exceed one (1) additional year may be granted in extraordinary circumstances demonstrated by the applicant.

   G.   No extension will be granted to any applicant unless the applicant first submits documentation evidencing that WCWCD has consented to the extension of applicants "Will-Serve" letter consistent with the extension sought from the city.

   H.   Approval of the Preliminary Plat does not constitute full approval of the development nor vest any development rights as additional requirements may be imposed that are a result of more detailed and thorough review of all plans, specifications, reports, and investigations.

(Ord. 2023-21: Ord. 2023-04 § 1)

The final plat shall be prepared by a licensed land surveyor on a standard twenty-four inch by thirty-six inch (24" x 36") mylar sheet drawn with waterproof black ink. The plat shall contain all information required as set forth below. The final plat will also include an electronic copy.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Name: The name of the subdivision approved by the planning commission.

   B.   Lots: An identification system shall be shown for all lots, blocks, and names of streets. Lot lines shall show dimensions in feet and hundredths. Lot sizes shall be shown to one square foot accuracy. Other easements shall be of sufficient width and location necessary to provide the proper function and maintenance of utility and drainage facilities as determined by the public works director and shall be shown on the final plat.

   C.   Easements; Street Names: Easements shall be a minimum of ten feet (10') wide along all front property lines unless otherwise required by the city. In multi-family or PD projects, the city may require easements in common areas. All street names shall be approved by the city to avoid duplication of names within the city limits. As a courtesy, and as required by the Utah code 54-3-27(5), a copy of all final plats shall be provided to any utility company providing service to the subdivision in addition to city owned utilities already approved herein. This could include natural gas, cable television, telephone, high speed internet, or other providers of public services. Evidence shall be provided to the city from the utility companies that this requirement has been complied with.

   D.   Traverse Of Perimeter: A traverse of the perimeter of the subdivision.

   E.   Monumentation And Survey Control:

      1.   All United States, state, county, city, or other official monuments shall be identified on the plat. The location of these monuments shall be accurately tied to the subdivision by true bearing and distance. All existing monuments shall show the agency setting the monument and the date set, if known, and the type of monument (i.e., brass cap, rebar, and cap, etc.).

      2.   Street monuments shall be installed by the owner in accordance with the requirements of the city with locations indicated on the plat within thirty (30) days after street paving.

   F.   Public Objects: The dedication to the public of all streets, easements, or other areas reserved for public use, with the purposes indicated thereon. Any area to be reserved by deed or covenant for common use of all property owners shall be indicated on the plat.

   G.   North Arrow and Scale: North arrow, scale, point of beginning, legal description, and basis of bearing shall be shown not only in narrative but also on the drawing. Surveys shall coincide with other surveys of record in the area. The basis of bearing shall be the one most predominantly of record in the area and shall be identified on the plat as well as in the survey narrative.

   H.   Boundary Closures: Subdivision boundary closures shall be 0.01 or less on exterior boundaries and 0.02 on interior lots.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2013-09: Ord. 2009-02 § 1)

The final plat shall require:

   A.   A registered professional land surveyor's signed stamp and certificate of survey.

   B.   All street centerline data and street widths shall be shown with ties to property lines, lot corners, etc. All radii, internal angles, points and curvatures, tangents, bearings, and the length of all arcs.

   C.   A notary public's acknowledgment of all signatures on the plat.

   D.   A notarized consent of all lienholders, unless a separate notarized consent to plat is provided for any lien holder, in a form acceptable to the city.

   E.   The final plat (mylar) shall be signed by the Planning Commission Chair or Vice-Chair.

   F.   The final plat (mylar) shall be signed by the city engineer and the city surveyor.

   G.   The final plat (mylar) shall be signed by the city attorney, after having reviewed a title report prepared or updated by a title company and dated within the past ninety (90) days. It shall be the applicant's responsibility to obtain releases or consents to plat from the holders of all liens or encumbrances which would otherwise prevent the subdivision of the property and the sale of good and marketable title to third party buyers of property in the subdivision.

   H.   The final plat (mylar) shall be signed by the mayor.

   I.   A one and one-half by five-inch (1½ x 5") space in the lower right-hand corner of the plat for use by the county recorder.

   J.   The final plat shall include the following notes:

      1.   A note stating: "This property is subject to the findings, summary and conclusions of a Geotechnical Investigation Report prepared by                 Dated                  .

   2.   A note indemnifying the City for soil or other sensitive conditions on the site.

   3.   If lot setbacks are not otherwise depicted on the plat, a note stating any front, side, and rear yard setbacks applicable to lots on the plat.

   4.   A note stating that notwithstanding the posting of any performance security, no building permit will be issued until all utilities are completed in the subdivision.

   5.   A note stating that all street landscaping must confirm to the City's landscaping ordinances and construction standards.

   6.   Any other notes or statements required by the Planning Commission as a condition of final plat approval.

   K.   The county treasurer's certificate of approval indicating at the time of signing that the property taxes, special assessments, and fees due and owing have been paid in full.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2015-12: Ord. 2012-07: Ord. 2009-02 § 1)

   A.   An engineer's itemized estimate of the cost of all required improvements to be developed in the subdivision, which shall be subject to approval by the city engineer.

   B.   Final utility plans for culinary water, secondary irrigation water, sewer, power, and natural gas, if proposed, with approval from each utility department indicating that utility and easement plans have been reviewed and approved by them, and that services are available to each lot in the subdivision. This requirement may be met by receiving approval for these construction drawings during the preliminary plat approval phase of development 1 .

   C.   A final drainage plan, if not previously approved at the preliminary stage, indicating the following:

      1.   Complete drainage systems for the entire subdivision shall be designed by a professional engineer, licensed in the state of Utah, and qualified to perform such work. All existing drainage features which are to be incorporated into the design shall be so identified. If the final plat is to be presented in phases, general drainage plans for the entire area shall be presented with the first phase. Appropriate development plans shall be prepared for each subsequent phase and shall be submitted.

      2.   The drainage plan shall be designed to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also where applicable, the system shall be designed to accommodate the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands that are downstream.

   D.   Final plans and profiles for all streets to be constructed in the subdivision indicating that the plans have been reviewed and approved by the city engineer.

   E.   All plans and information required by the hillside protection overlay zone, or the FEMA flood maps have been complied with. Where such plans are not required, that a soils report, covering each lot in the subdivision has been submitted and approved by the city engineer.

   F.   For any subdivision in a PD Zone a fully executed original copy of any Covenants, Conditions, and Restrictions anticipated to be recorded with the plat shall be submitted to the city for verification. The original will be returned to the applicant for recording when the final plat is released.

   G.   Any other information reasonably required by City staff to assist in determining whether the requirements of this Chapter have been met with respect to the final plat for which approval is sought.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2019-10 § 3: Ord. 2012-07: Ord. 2009-02 § 1)

In addition to the requirements established herein, all subdivision plats shall comply with all applicable laws, plans, and regulations including, but not limited to:

   A.   The city general plan, land use ordinance, zoning map, and all other applicable city ordinances.

   B.   The official city general plan, including general plans for streets, parks, drainage, trails, and utility systems.

   C.   Requirements of any departments of the state of Utah, as applicable.

   D.   The standards, regulations and policies adopted by the city including all boards, commissions, agencies, and officials of the city who may be authorized to adopt the same.

   E.   A copy of any development agreement that may have been agreed upon between the city and the owner of the project.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

If the applicant places restrictions on any of the land contained in the subdivision greater than those required by the land use ordinance, these covenants, conditions, and restrictions may be required to be indicated on the subdivision plat, or the planning commission may require that restrictive covenants be recorded with the county recorder in a form approved by the city attorney. Conditions, covenants, and restrictions shall be required in the case of a planned unit development in the planned development zone where common areas are proposed.

   A.   The city will not accept property as a bond to guarantee installation of improvements in a subdivision. An acceptable agreement may include a cash amount posted with the city, an escrow agreement with a local financial institution, a letter of credit from such an institution, or a corporate surety bond.

   B.   The city shall not create a special improvement district for the purpose of installing improvements in a subdivision proposed by an owner. If an improvement district is proposed by the city and, if the district proposed contains property owned by more than one property owner not involved with the development and said owners cannot agree on a method of financing the required improvements, then, and only then, shall the city consider the possible creation of a special improvement district.

   C.   Special improvement districts are not intended for the improvement of a subdivision owned by one person or a group of persons acting jointly together to create a subdivision development.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   After the Preliminary Plat has been approved by the Planning Commission, and all conditions are complied with, a final subdivision plat shall be prepared and submitted to the planning department.

   B.   The Final Plat shall be reviewed by the Technical Review Committee, TRC prior to submittal of a final mylar copy.

   C.   All applications to subdivide real property shall comply with the requirements of Utah Code Title 10, Chapter 9a, of the Utah Land Use and Development Management Act, as amended.

   D.   A Final Plat must be recorded with the office of the County Recorder within one (1) year of the date of city approval. This includes a final plat which is a phase of the project (this entitles the preliminary plat). A Final Plat which has not been recorded withing one year, shall be deemed void and all land use approvals associated with the Final Plat shall be considered void ab initio. Prior to expiration, an applicant may request a one-time six-month extension of approval to the planning department. The item shall be placed on the next available Planning Commission agenda for consideration.

   E.   Following approval by the TRC, the mylar copy of the final plat will be held for review by city staff and not released for recording until all the requirements of this Chapter have been met, including but not limited to the posting of adequate performance security, payment of all city fees, and all required signatures being obtained on the mylar copy.

(Ord. 2023-21: Ord. 2023-04 § 1)

All applications for vacating, altering or amending a subdivision plat shall comply with the requirements of Utah Code Title 10, Chapter 9A, as amended.

(Ord. 2023-21)

All applications seeking to adjust and/or merge lots, parcels, units, or other divisions of land shall comply with the requirements for the adjustment of lot lines as set forth in Utah Code Title 10, Chapter 9A, as amended.

(Ord. 2023-21)

All applications for vacating a street, right-of-way, or easements shall comply with the requirements of Utah Code Title 10, Chapter 9A, as amended.

(Ord. 2023-21)

All subdivisions shall comply with the following design standards.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

Prior to commencement of construction, engineering drawings prepared and stamped by the owner's engineer for improvements shall be approved by all required departments. These plans shall comply with the requirements as set forth in official city standards and specifications. No residential building permits shall be issued prior to approval of engineering drawings and completion and acceptance of all development improvements.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

Appropriate agencies and departments of the city shall inspect or cause to be inspected all buildings, street improvements, fire hydrants, water supply, electrical systems, and sewage disposal systems, etc., during construction, installation, or repair. Excavations for fire hydrants and water and sewer mains and laterals, shall not be covered or backfilled until such installation shall have been approved and inspected by the city. If any installation is covered before being inspected and papproved, it shall be uncovered after notice to uncover has been issued to the responsible person by the inspector.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   All subdivision lots shall be served by the city's culinary water, secondary irrigation water, sewer, and electrical systems unless otherwise approved by the city council. Provisions shall also be made for the installation of natural gas, telephone, cable television, and fiber optic as a part of the subdivision development. For any of the above services not provided by the city, the owner shall submit will serve letters from each utility providing service as a condition of approval of the utility systems. No building permits shall be issued until full completion and approval of all required public improvements of the project.

   B.   All utility improvements shall comply with city construction standards and will be completed to the boundaries of the subdivision.

   C.   All electrical, telephone, television cable, and fiber optic shall be installed underground except as otherwise directed by the city council. All electrical systems shall conform to underground specifications and city construction standards.

   D.   All sewer, electrical, culinary water and secondary irrigation water plans and specifications shall be approved by the city before commencing public improvements.

   E.   The owner shall provide streetlights in conformance with city standards.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2019-10 § 4: Ord. 2009-02 § 1)

   A.   A storm or nuisance water drainage system shall be provided and shall be separate and independent from the sanitary sewer system.

   B.   No ditch or canal shall be approved as suitable for the use of storm drainage without the written permission of the appropriate ditch or canal company or of the water users for such use, and the approval of the city. No ditch or canal shall be used for stormwater unless adequately improved to handle such water as might be reasonably expected to flow from canal and ditch water, subdivision runoff water, and other water expected to reach the subdivision, canal, or ditch. Where subdivision improvements affect existing canals or ditches, specific modifications shall be in accordance with the requirements of the irrigation company and the city. In situations where the city already has a drainage plan or system in place, the owner shall be expected to participate in the expansion, extension, or enlargement of such system to accommodate water from the subdivision. Retention basins developed as a part of the subdivision may also be required.

   C.   Drainage and flood control shall be designed in conformance with the Washington County Flood Control Authority Storm Drainage Systems Design and Management Manual and the city Storm Water Master Plan. Public drainage easements or dedications with a minimum width of fifteen feet (15') shall be provided along all drainageways as determined by the city.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Definitions: For purposes of this Section 16.24.060, each reference to a "subdivision" herein shall mean and refer to either (1) a "subdivision," as defined in Santa Clara City Code § 16.08.010 ; or (2) a "streets project area," as may be defined by the city council from time to time, on recommendation of the technical review committee (TRC) and planning commission.

   B.   Streets Project Areas: The purpose of defining a "streets project area" is so that existing parcels not requiring further subdivision before development may still have the benefit of complete and well-maintained street improvements. A streets project area shall be created when at least eighty percent (80%) of the owners on the public street in the proposed streets project area, as measured by linear foot of frontage, have signed a document notifying the city of their agreement with the conditions of such designation. Such designation shall signify the intent of the signing owners to bear a share of costs to improve the public street to applicable city standards, as set forth in this section. The following areas of the city shall, for purposes of this section, each be considered a potential streets project area:

      1.   Vernon Street, North of Santa Clara Drive

      2.   Vernon Street, South of Santa Clara Drive

      3.   Victors Street, North of Santa Clara Drive

      4.   Victors Street, South of Santa Clara Drive

      5.   Quail Street, North of Santa Clara Drive

      6.   Quail Street, South of Santa Clara Drive

      7.   Hamblin Drive and Gates Lane, North of Santa Clara Drive

      8.   West Vineyard Drive, from Old Farm Road to Heights Drive

      9.   West Arrowhead Trail, from Arrowhead Circle to Santa Clara Parkway

      10.   South Arrowhead Trail, from Pearl Rose Drive to Concord Drive

   Any other combination of adjacent parcels, having direct access from the same public street, may also seek recognition as a "streets project area" by obtaining a recommendation from the technical review committee and planning commission and approval from the city council.

   C.   When multiple streets project areas are designated or eligible by designation, the city council shall have the right to determine the relative priority of the projects for application of available city resources. The city council will consider the following information when determining priority between any two (2) streets project areas:

      1.   Citizen input;

      2.   Whether the proposed streets project area will help to mitigate the anticipated impacts of growth or development;

      3.   Availability of utility services;

      4.   Relative size of streets project areas;

      5.   Availability and cost of contractor services;

      6.   Any other reasonable consideration related to the health, safety, and welfare of city residents and visitors.

   D.   The City Council shall ultimately have the right to make a final determination as to the feasibility and timing of any proposed streets project, and in doing so may consider the availability of funds or financing, the feasibility of constructing required improvements and the interfacing of new improvements with existing improvements, the feasibility of necessary land acquisition, or any other reasonable consideration.

   E.   All streets shall be designed in accordance with the city design standards, AASHTO, or other approved standards. All streets within the city shall be improved with streetlights and pavements bounded by integral concrete curbs, gutters, and sidewalks. All street improvements will be completed to the boundaries of the subdivision.

   F.   The arrangement of streets in new subdivisions and in designated streets project areas 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 general plan.

   G.   The owner(s) of the subdivision shall be responsible to bear all costs of required improvements as set forth in this chapter, shall provide a bond or other security to warranty the improvements for not less than one (1) year from the date of completion, and shall provide traffic control and street name signs conforming to the city's design specifications and approved by the city.

   H.   The owner(s) of parcels comprising a designated streets project area shall also be responsible to bear certain costs of required improvements; however, the city agrees to bear a portion of material and improvement costs, as set forth in the following table:

 

 

   Where a corner lot is part of the streets project area, the owner(s) in the streets project area shall only be responsible for the above costs in relation to improvements along the side of the corner lot having the longest public street frontage; the city will pay all costs of improvements along the side having the shorter frontage. Owner(s) may negotiate among themselves to modify their respective obligations, provided that any such agreement shall not be enforceable against the city. The city shall have no obligation to proceed with improvements to a designated streets project area until having received from    the owner(s) thereof one hundred percent (100%) of the funds anticipated to be required to complete the planned improvements. Impact fees designated for road improvements, or any funds or other security previously deposited with the city by owner(s) in lieu of impact fees, may be applied by the city to any designated streets project area in the city, regardless of location.

   I.   All subdivision lots shall have frontage on a dedicated public street improved to city standards unless the lot is approved as a flag lot under the city's flag lot ordinance or is approved by the city council on some other basis. Streets project areas are assumed by definition to have such frontage. Private streets, alleys, or ways shall not be approved except as may be approved as a part of a planned development project under the city planned development ordinance or when, because of hazardous slopes, soils, floodplains, or other conditions, the city council determines that approval is not in the best interest of the city.

   J.   The technical review committee (TRC) or the planning commission may recommend to the city council that an exception for private roadways, utility improvements, or other improvements be approved for a specific subdivision or streets project area. In any event, private streets and utility construction will conform to the construction standards required for dedicated streets and utilities regarding quality of construction, whether dedicated or not.

   K.   All off-site access roads providing the subdivision or streets project area with access to the nearest public street shall be improved as required by this section. Wherever feasible, local streets shall be laid out to provide connectivity to adjoining residential areas. If the adjacent property is undeveloped and the street must be a temporary dead-end street, the right of way shall be extended to the property line and a temporary turnaround shall be provided. All permanently dead-end streets shall end in an approved cul-de-sac or other improved turnaround, including appropriate signage, unless otherwise approved by the city council.

   L.   Intersections shall be designed in conformance with AASHTO standards to provide adequate sight distance and other performance and safety needs as approved by the city.

   M.   No subdivision shall be approved which does not have access to an improved and dedicated city street. Where a subdivision or existing streets project area obtains access from a street which does not meet minimum city standards, the access road shall be improved to a minimum width of twenty-five feet (25'). Additionally, all utilities will be brought up to current city construction standards.

   N.   Where a subdivision or designated streets project area abuts a master planned road, utility, or drainage system, the owner(s) shall complete their portion of such improvements the full length of their project in conformance with the official city master plan unless otherwise approved by the city council. Any owner(s) of parcels which are part of a larger designated streets project area shall have the same obligation with respect to their own respective parcels.

   O.   Streets shall have the following minimum right of way widths:

      1.   Arterial Street: Eighty-foot (80') minimum.

      2.   Collector Street: Sixty-six feet (66').

      3.   Local Street: Forty-seven (47').

      4.   In planned development areas, subdivisions, and designated streets project areas, the minimum street width is forty-five (45') feet as per City Construction Standards.

   P.   Streets shall have the following paved roadway width (lip of curb to lip of curb):

      1.   Arterial Street: Fifty-five feet (55').

      2.   Collector Street: Forty-nine feet (49').

      3.   Local Street: Thirty-two feet (32') of paved roadway is the minimum required; however, a developer may build a wider paved roadway width if approved by the city.

      4.   Modified Local Street: Thirty feet (30') of paved roadway is the minimum required for a planned development area, infill subdivision, or designated streets project area.

   Q.   Cul-de-sacs shall be no longer than eight hundred feet (800') in length without a request for an exception from the applicant and approval by the planning commission upon recommendation from the TRC.

   R.   The radius of the turnaround in a cul-de-sac shall be a minimum of fifty feet (50').

   S.   Streets should intersect as nearly as possible to ninety-degree (90°) angles and shall not be offset less than two hundred fifty feet (250') from the centerline of the nearest intersecting street.

   T.   Streets shall have the names or numbering system of all streets in city-approved sequence. Permanent street name or number signs shall be installed by the owner at their expense according to city requirements and standards at the time of development of the subdivision and shall be provided for along with other elements of the subdivisions for which a guarantee is posted.

   U.   Traffic control signs required by the city shall also be installed to ensure a smooth flow of traffic through the subdivision.

   V.   Streetlights, of a type approved by the Power Department, shall be installed in every subdivision. Spacing of streetlights shall be within two hundred fifty feet (250'), except as approved by the Power Department, and shall be installed at all intersections, or in other locations as determined by the city.

   W.   Curb, gutter, and sidewalk are required in all subdivisions and designated streets project areas, in accordance with the city's design and construction standards. Additionally, all existing utilities in these areas will be brought up to current city construction standards.

   X.   The minimum centerline radii for local streets shall be one hundred fifty feet (150'). For collector streets the minimum shall be three hundred feet (300'). For arterial streets the minimum shall be five hundred feet (500'), unless otherwise approved by the city council upon recommendation of the city engineer.

   Y.   The grade of streets shall not exceed eight percent (8%) for arterial or collector streets and fifteen percent (15%) for local streets.

   Z.   Blocks shall not be longer than one thousand feet (1,000') and shall be at least two (2) building lots in depth, unless otherwise approved by the planning commission upon recommendation from the TRC.

   AA.   All arterial streets are classified as limited access streets, and no individual lot shall front on an arterial street.

   BB.   All street widths shall conform to the width requirements unless otherwise recommended by the TRCfor approval by the planning commission. Such recommendation and approval shall normally apply only to developments in the planned development zone.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2019-07 § 3: Ord. 2016-12: Ord. 2013-09: Ord. 2012-13: Ord. 2009-02 § 1)

   A.   The design and development of the subdivision shall preserve, insofar as possible, the natural terrain, drainage, existing topsoil, and vegetation.

   B.   In general, side lot lines shall be at right angles to street lines, or radial 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 erection of buildings, observing the minimum front yard setbacks unless other provisions are approved by the planning commission upon recommendation from the TRC.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   Lot Arrangement Considerations: 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 the subdivision in compliance with the zoning ordinance and in providing driveway access to buildings on all lots from an approved street unless otherwise approved by the Planning Commission for reasons listed elsewhere in this title.

   B.   Lot Dimensions: Lot dimensions shall comply with the minimum standards of the zoning ordinance. Where lots are more than double the minimum required area for the zoning district, the planning commission may require that the lots be arranged to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the zoning ordinance and these regulations.

   C.   Double Frontage Lots: Double frontage lots are lots which have the rear property line adjacent to a public street. Double frontage lots shall not be permitted except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. All double frontage lots must be approved by the Planning Commission. A solid block or masonry wall shall be provided on all double frontage lots as a part of the required development of improvements, unless waived or modified by the Planning Commission. Where a privacy wall is constructed, there shall be a landscape strip provided between the sidewalk and privacy wall with a minimum average width of ten feet (10'). The wall may be of serpentine design so that the distance between the wall and sidewalk varies, but the wall shall not be closer to the sidewalk at any point than four feet (4'). The minimum ten foot (10') wide planter strip may include landscape area on both sides of the sidewalk where the sidewalk is separated from the curb by a landscape area.

   Where the privacy wall on the adjoining property has a curvilinear or serpentine design, the Planning Commission may require the continuation of such wall design to provide for a uniform appearance along the public street.

   Where the city determines that a turning lane is needed at an intersection, the Planning Commission may reduce the landscape strip to accommodate the turning lane. There shall be a minimum separation of one foot (1') between the sidewalk and privacy wall. The subdivision developer shall make provisions for the long-term maintenance of the planter strip either through a homeowners association (HOA), or other approved maintenance plan, or where the City agrees to provide long term maintenance for the planter area, in which case the developer shall on the final subdivision plat grant to the City a landscape maintenance easement upon all private property which may be on the street side of the privacy wall.

   D.   Access From Major Arterials and Collector Streets: Residential lots shall not derive access from major arterial streets, and access shall be limited on collector streets, except where approved by the City. In cases where driveway access from such streets may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive to limit possible traffic hazards on these streets. In these cases, driveways shall be designed and arranged to avoid requiring vehicles to back into traffic.

   E.   Flag Lots: After determination by the Planning Commission that standard lots are not feasible, the Planning Commission, may, to encourage more efficient use of the land, allow flag lots to be developed subject to the following conditions:

      1.   The property cannot be subdivided with public street and standard sized lots, either at the present time or in the foreseeable future.

      2.   The staff portion of the lot shall front on a dedicated public street. The minimum width of the staff portion of the lot shall be twenty-five feet (25') and the maximum length shall be two hundred feet (200').

      3.   No building or construction, except driveways, shall be allowed on the staff portion of the lot.

      4.   The front side of the flag lot shall be deemed to be the side nearest the dedicated public street upon which the staff portion fronts.

      5.   All lot size and setback requirements shall be the same as required by the zone in which the lot is located. The staff portion of the lot shall not be included in these calculations.

      6.   No more than two (2) flag lots or four (4) dwelling units may be served by one staff portion of the lots.

      7.   Each flag lot shall be specifically approved by the Planning Commission.

      8.   The staff portion of the lot shall be owned by the owner of the flag lot, or jointly in the case of two (2) lots served by one staff portion.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2020-14 § 1: Ord. 2018-05: Ord. 2009-02 § 1)

The owner shall guarantee the installation and construction of the required subdivision improvements free from defective material or workmanship and in compliance with all city standards. Even though the owner provides a guarantee for the completion of the improvements, building permits will not be issued until all off-site improvements are completed. The improvements shall have been installed and completed within one year of final Planning Commission approval unless extended for cause by the Planning Commission.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

The guarantee shall be in the form of an improvement agreement approved by the city council from time to time, plus, an escrow bond, letter of credit, or cash guarantee for the amount required by this chapter.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

The guarantee amount shall be one hundred percent (100%) of the cost of improvements as set forth in the project engineers estimate. That the estimate shall be required to include:

   A.   Ten percent (10%) administrative costs;

   B.   Ten percent (10%) contingency; and

   C.   Engineering and quality assurance testing costs.

If the city council authorizes an extension of time beyond one year to complete the improvements, the extended guarantee shall be equal to one hundred percent (100%) of the cost of the remaining improvements.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

   A.   After completion of all subdivision improvements the owner shall make a written request to the city for a final inspection. Upon receipt of the inspection reports from affected departments the city shall notify the owner in writing specifying the acceptability of all subdivision improvements and itemizing those improvements not acceptable along with the actions necessary to render those improvements acceptable.

   B.   After acceptance of all improvements by the city, the city may release up to ninety percent (90%) of the guarantee amount. The city shall continue to hold the security covering the remaining ten percent (10%) guarantee to ensure that all improvements shall be free from defective material and workmanship and in compliance with all city standards for a period of one (1) or two (2) years as may be determined by the city engineer or public works director. This period is marked from the date of final approval of all improvements until the performance guarantee is replaced by a maintenance guarantee in the same ten percent (10%) amount. At the end of the performance period, the city shall perform a second inspection of all improvements. The city shall notify the owner in writing of any corrective measures that are required. If the defects are identified as a part of the inspection, the owner shall have the option of correcting the defects to the satisfaction of the city or shall forfeit the maintenance guarantee to the city as damages for the defective work.

   C.   The improvement guarantee may be released in part as progress payment for improvements, subject to the following conditions:

      1.   The owner shall submit to the city a request for payment against the guarantee showing to whom and for what amount the release is requested. The request shall include an updated engineers estimate for completion of the remaining improvements. Upon inspection by the city, and approval of the requested amount, the city will authorize the holder of the guarantee amount to disperse the approved payments, less any amount required to secure completion of remaining improvements. Payments may be made upon completion of the various phases of development as follows:

         a.   The complete water system including mains, outfall lines, valves, hydrants, or any other part of the required water system.

         b.   The complete road construction, including all survey monuments, traffic control and street name signs. Road construction shall also include storm drainage systems.

         c.   The complete waste disposal system.

         d.   The staking of lot corners and any other required survey field work.

         e.   The completion of each required utility system, including power, telephone, natural gas, cable TV, internet connections, or any other utility service that may have been bonded for by the owner. Each required utility may be released independent of other utility installation.

      2.   Requests shall not be submitted more frequently than monthly. A minimum of twenty percent (20%) of each element shall be retained as required for the guarantee required in subsection B of this section. A guarantee of the same type used to guarantee installation of all improvements shall be posted prior to final release of the improvement guarantee amount. The city reserves the right to require updated engineers estimates of the remaining improvements, and additional security if required, every six (6) months in the event that no partial releases are requested.

      3.   For an owner who proposes to install all improvements prior to final recording of a final plat, a cost estimate of improvements shall be submitted to the city and approved by the city engineer or public works director prior to the start of construction, as the basis for determining the amount of the ten percent (10%) guarantee that shall be posted upon final approval of the improvements by the city, and prior to the recording of the final plat.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

All persons filing subdivision plats with the city shall pay fees as adopted through resolution by the city council.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

There is hereby established a subdivision water modeling fee applicable to all subdivisions for which application is made after the effective date hereof that add at least five (5) equivalent residential units ("ERUs") to the water system, and/or involving adding five hundred feet (500') or more of main water line. This fee shall be deemed a part of the subdivision application fee. The fee shall be as set forth at exhibit A attached to the ordinance codified herein, which fee may be changed by resolution of the city council.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2012-20)

Upon payment of the fee, the city staff shall cause the engineer currently in charge of the city water model, to determine whether that subdivision's water requirements will be reasonably met after proper installation. If the engineer opines that the city's water system will not accommodate the proposed subdivision under Utah administrative code ("UAC") rule R-309-510 regarding minimum requirements, available water rights, and storage and source capacity to serve said subdivision, the subdivision approval shall be suspended pending a determination of necessary upgrades done and/or water rights required at the subdivision developer's expense, that will allow the subdivision to be serviced by the city water system. Any of such upgrades shall be completed and/or bonded as a condition of filing the final plat of said subdivision.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2012-20)

It is unlawful for any person to contract to sell or lease, or to sell or lease any subdivision, or any part thereof, which is in the city until a final plat thereof, in full compliance with the provisions of this title, has been duly recorded or filed in the office of the county recorder. The Santa Clara City administrator shall be charged with the enforcement powers of this title. Failure of city departments or individuals to pursue appropriate legal remedies shall not legalize any violation of this title.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

From the time of the effective date hereof, the Building Official shall 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 until a subdivision plat therefor has been recorded. Any license or permit issued in conflict with such provisions shall be void.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

No person shall subdivide any tract or parcel of land located wholly or in part in the city except in compliance with the provisions of this title. No person shall purchase, sell or exchange any parcel of land which is any part of a subdivision, or a proposed subdivision submitted to the planning commission, nor offer for recording in the office of the county recorder, any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this title. Each day that a violation of the provisions of any chapter of this title is committed or permitted to continue shall constitute a separate and independent violation.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

Whoever shall violate any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction of such violation, shall be punishable by a fine of not more than five hundred dollars ($500.00) and/or six (6) months in jail, or by both such fine and imprisonment. This penalty may be imposed for each separate violation found to exist as provided in section 16.32.040 of this chapter.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2009-02 § 1)

One (1) unit can be built on an unsubdivided parcel prior to subdivision plat recordation. However, all utilities and improvements must be completed, or performance guarantee given prior to building permit issuance. If performance guarantee is given for improvements, then a certificate of occupancy will only be issued upon completion.

(Ord. 2023-21: Ord. 2023-04 § 1: Ord. 2013-03)