Chapter 17.30
PROCESS FOR PRELIMINARY SUBDIVISION APPLICATION
Sections:
17.30.010 Complete application.
17.30.020 Review process, timing, and appeal.
17.30.030 Features to be shown on preliminary plat.
17.30.040 Features to be shown on phasing plan.
17.30.050 Features to be shown on construction plans.
17.30.070 Effective period of preliminary subdivision application approval.
Prior legislation: Ords. 66, 1999-1, 2016-09 and 2021-13.
17.30.010 Complete application.
A preliminary subdivision application shall not be considered complete, and the first review cycle shall not begin, until the applicant has submitted the following items:
1. A completed preliminary subdivision application as provided by the City.
2. A signed owner-agent affidavit (if the owner is being represented by another party).
3. A recent title report (dated no more than 30 days from the time of application) covering the proposed subdivided property identifying ownership, easements of record, liens or other encumbrances, and verifies payment of taxes and assessments.
4. A PDF file and full-size paper copy (if requested) of the preliminary plat. The preliminary plat must be prepared by a land surveyor or engineer, licensed to practice in the state of Utah, at a scale of not more than one inch equals 100 feet.
5. A PDF file and full-size paper copy (if requested) of the construction plans. The construction plans must be prepared by a licensed surveyor or engineer, licensed to practice in the state of Utah.
6. For phased developments, a PDF file and full-size paper copy (if requested) of the phasing plan. The phasing plan must be prepared by a land surveyor or engineer, licensed to practice in the state of Utah.
7. For phased developments, conservation subdivisions, and other developments as required by the City Council, or as requested by the applicant, an approved and executed development agreement.
8. For conservation subdivisions, submit a draft of the maintenance plan for conservation lands (see FCC 17.60.55).
9. Payment of fees as stated in the City’s current adopted fee schedule.
The applicant will be given written notice when the City determines that the preliminary subdivision application is complete and has been accepted for review. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.30.020 Review process, timing, and appeal.
1. Review Cycles. There shall be no more than four total review cycles. The first review cycle begins when the City Planner and City Engineer determine that a complete application has been submitted. A “review cycle” means the occurrence of:
a. The applicant’s submittal of a complete application to the Administrative Land Use Authority.
b. The Administrative Land Use Authority’s review of the subdivision application.
c. The Administrative Land Use Authority’s response to the subdivision application.
d. The applicant’s reply to the Administrative Land Use Authority’s response addressing each of the required modifications or requests for additional information.
2. Review Cycle Exceptions.
a. Additional Review Cycle(s). May be required when a modification or correction is necessary to protect public health and safety or to enforce state or federal law when a change or correction is necessitated by the applicant’s adjustment to a plan set or an update to a phase plan that adjusts infrastructure needed for the specific development.
b. Other Land Use Applications. The review cycle applies only to single-family, townhome, and twin-home land use applications. Review times and cycles may vary for multifamily, commercial, industrial, institutional, and other nonresidential land use applications.
c. Geological Hazard Areas. The restrictions and requirements of the review cycle do not apply to the review of subdivision applications affecting property within identified geological hazard areas.
3. Requirements From Review. In reviewing the preliminary subdivision application, the Administrative Land Use Authority may require:
a. Additional information relating to an applicant’s plans to ensure compliance with City ordinances and approved standards and specifications for construction of public improvements; and
b. Modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
4. Public Land Dedications. Before the Administrative Land Use Authority approves a preliminary plat showing land for public use (other than proposed public streets) proposed to be dedicated to the City, the Administrative Land Use Authority shall obtain approval of the park or land reservation from the City Council. If the project involves a conservation type easement, the Administrative Land Use Authority must receive approval or comments from the City Council and the City Attorney or an approved land trust involved in the transaction.
5. Timing. No later than 40 business days after the City determines a complete application was submitted, and after the start of each review cycle, the applicant shall receive the Administrative Land Use Authority’s response. If the applicant does not submit a revised subdivision improvement plan within 40 business days after the Administrative Land Use Authority response, the Administrative Land Use Authority shall have an additional 20 business days to respond.
6. Additional Reviews. After the applicant has responded to the fourth review cycle, and the applicant has complied with each modification requested in the Administrative Land Use Authority’s previous review cycles, no additional reviews are required if the applicant has not materially changed the plan, other than those changes in response to the requested modifications or corrections.
7. Public Hearing. A public hearing before the Planning Commission will not be held for preliminary subdivision applications for single-family, townhome, and twin-home land use applications. A public hearing may be held for other types of subdivision applications, at the discretion of the City Planner.
8. Approval. If a preliminary subdivision application complies with the applicable City ordinances including the requirements of this title and FCC Title 18, the Administrative Land Use Authority shall approve the preliminary subdivision application at a meeting of the Planning Commission.
9. Request for Decision or Appeal. If, on the fourth or final review of the preliminary subdivision application, the Administrative Land Use Authority fails to respond within the time frame, the property owner may request:
a. A decision to approve or deny the preliminary subdivision application. The Administrative Land Use Authority must respond to this request within 10 business days after the day on which the request is received.
b. That an appeals panel be assembled to review and approve or deny the preliminary subdivision application when there is a dispute arising from the subdivision improvement plans. The panel must be assembled within 10 business days after the day on which the request is received.
c. That the applicant be advised, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority when there is a dispute arising from the subdivision ordinance review. The Administrative Land Use Authority must respond to this request within 10 business days after the day on which the request is received.
10. Appeal Panel. If a property owner requests an appeal when there is a dispute arising from the subdivision improvement plans, within 10 business days, the City shall assemble an appeal panel consisting of one licensed engineer designated by the City, one licensed engineer designated by the applicant, and one licensed engineer agreed upon and designated by the engineers selected by the City and the applicant. No member of the panel may have any interest in the application that is the subject of the appeal. The applicant shall pay 50 percent of the cost of the appeal review and the City’s fee as stated in the current adopted fee schedule. The decision by the appeal panel shall be final, subject to a petition being filed within 30 days of the decision in the district court. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.30.030 Features to be shown on preliminary plat.
The preliminary plat must be prepared by a land surveyor or engineer, licensed to practice in the state of Utah, at a scale of not more than one inch equals 100 feet. The preliminary plat shall be in compliance with the requirements of this title and FCC Title 18.
The preliminary plat shall, at a minimum, show the following:
1. The date of the map, approximate true north point, scale, and name of the subdivision.
2. The location of property with respect to surrounding property and streets, the names of all adjoining property owners of record or the names of adjoining developments, the names of adjoining streets, and the location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot.
3. The location of existing streets, easements, wetlands, water bodies, rivers, water sources, streams, irrigation systems and other pertinent features such as swamps, buildings, parks, cemeteries, drainage or irrigation ditches, bridges, or other features as determined by the Administrative Land Use Authority.
4. All irrigation company ditches, irrigation structures, and accompanying maintenance access dimensions on the property, if any.
5. The location and width of all existing and proposed streets and easements, alleys, trails, and other public ways, and easement and proposed street rights-of-way.
6. The location, dimensions, and areas of all proposed or existing lots complete with utility easements, lot numbers, acreage or square footage of each lot or parcel, and building setback lines. All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order.
7. The location and dimensions of all property proposed to be set aside for park or playground use, trails, and other public or private reservations and open space dedications, with designation of the purpose thereof, types, and conditions, if any, of the dedication, preservation or reservation.
8. The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor.
9. Sufficient data acceptable to the City Engineer to readily determine the location, bearing, and length of all lines which would enable the Engineer to reproduce the lines upon the ground, and the location of all proposed monuments.
10. Proposed street names.
11. Indication of the use of all lots or parcels whether single-family, multifamily, agricultural, commercial, open space as well as all uses other than those specified that are proposed by the subdivider.
12. All information required by the Administrative Land Use Authority after review of the preliminary subdivision application.
13. Explanation of drainage and site easements, if any.
14. Explanation of reservations and conservation easements, if any.
15. Owner’s dedication and consent to record as required by applicable state law.
16. Signature blocks for endorsement by the Planning Commission Chair, Mayor, City Engineer, City Attorney, current South Summit Fire District, South Summit School District, utility companies, applicable irrigation company(ies) and any other signatures required by the Administrative Land Use Authority.
17. A plan designating limits of disturbance or building pads, if required, and utilities corridors and connections for each parcel and for subdivision improvements, such as utilities and roads.
18. If the plan does not include all contiguous property of the owner of the subdivision, an indication of future use of the additional property.
19. Indication of the nearest location of all public and private utilities.
20. Indication of all slopes greater than 25 percent.
21. A vegetation or revegetation plan if required herein.
22. The location and actual setbacks of existing structures within the preliminary plat boundaries, and a notation as to whether the existing structures will remain or be demolished. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.30.040 Features to be shown on phasing plan.
The phasing plan shall be prepared by a land surveyor or engineer, licensed to practice in the state of Utah. The phasing plan shall be in compliance with the requirements of this title and FCC Title 18. A phasing plan must demonstrate that approval of the project in multiple phases can occur such that the project can still function autonomously if subsequent phases are not completed. Therefore, the phasing plan application must demonstrate that sufficient property, water rights, roads, sensitive lands protection, and open space are proposed with the first phase to allow the project to function without subsequent phases.
The phasing plan shall, at a minimum, show the following:
1. The date of the map, approximate true north point, scale, and name of the subdivision.
2. The location of property with respect to surrounding property and streets, the names of adjoining streets, and the location and dimensions of all boundary lines of the property.
3. The location of existing streets, easements, wetlands, water bodies, rivers, water sources, streams, irrigation systems and other pertinent features such as swamps, buildings, parks, cemeteries, drainage or irrigation ditches, bridges, or other features as determined by the Administrative Land Use Authority.
4. All irrigation company ditches, irrigation structures, and accompanying maintenance access dimensions on the property, if any.
5. The location and width of all existing and proposed streets and easements, alleys, trails, and other public ways, and easement and proposed street rights-of-way.
6. Proposed street names.
7. The location of all proposed lots with lots numbered and approximate acreage or square footage of each lot. All lots in each block shall be consecutively numbered.
8. The location of all property proposed to be set aside for park or playground use, trails, or other public or private reservations and open space dedications.
9. Phasing plan of proposed lots (generally color coded on map), construction sequence, and expected timeline of phasing.
10. Explanation of drainage and site easements, if any.
11. All utility facilities existing and proposed throughout the subdivision.
12. Indication of the nearest location of all public and private utilities.
13. Indication of all slopes greater than 25 percent.
14. The location and actual setbacks of existing structures within the preliminary plat boundaries, and a notation as to whether the existing structures will remain or be demolished.
15. A table which details the density calculations for the plan, to include total acreage of plan, total acreage of lots, total acreage of streets, total acreage of open space, etc., and percentages of these items to the total acreage. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.30.050 Features to be shown on construction plans.
Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one inch equals 50 feet, and map sheets shall be of the same size as the preliminary plat. The construction plans shall be in compliance with the requirements of this title and FCC Title 18.
The following features, at a minimum, shall be shown:
1. Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets.
2. The Administrative Land Use Authority may require, upon recommendation by the City Engineer, where steep slopes exist, that typical cross sections of all proposed streets be shown.
3. Plans and profiles showing the locations and typical sidewalks, drainage easements, irrigation ditches, servitudes, rights-of-way, manholes, and catch basins; the locations of street trees, streetlights, and street signs; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connections to any existing or proposed utility systems, and exact location, shut-off valves and size of all water, gas, or other underground utilities or structures.
4. Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies or impoundments, streams, and other pertinent features such as swamps, wetlands, buildings, features noted on the official zoning map, at the point of connection to proposed facilities and utilities within the subdivision, and each tree or group of trees to be preserved. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to the City Engineer’s or USGS datum plane. If the subdivision borders a lake, river, or stream, the distances and bearings of a meander line established not less than 20 feet back from the ordinary high water mark of such waterways.
5. Topography at the same scale as the preliminary plat with a contour interval of five feet, referred to sea level datum. All data provided shall be the latest applicable U.S. Geodetic Survey datum and should be so noted on the plat.
6. All other specifications, details, and references required by the design standards, construction specifications, and standard drawings, including a site grading plan for the entire subdivision.
7. Notation of approval by the owner, City Engineer and all utility providers.
8. Title, name, address, signature, and seal of the licensed engineer preparing the plans, and date, including revision dates.
9. A limit of disturbance and revegetation plan.
10. Signature blocks for the City Engineer and the applicant’s engineer and surveyor. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.30.060 Zoning regulations.
Every plat and plan shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any preliminary subdivision application which has received approval shall be exempt from any subsequent amendments to this title or FCC Title 18 rendering the application nonconforming as to bulk or use, provided the final approval is obtained within the two-year period. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.30.070 Effective period of preliminary subdivision application approval.
The approval of a preliminary subdivision application shall be effective for a period of two years at the end of which time final approval of at least one phase of the subdivision must have been obtained from the City. Any application not receiving final approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new application subject to all new review requirements, zoning restrictions and subdivision regulations that may be in effect. Upon request of the applicant, the City Council may extend the approval, if deemed appropriate, for a specified length of time. (Ord. 2024-10 § 1 (Exh. A), 2024.)