Chapter 17.35
PROCESS FOR FINAL SUBDIVISION APPLICATION
Sections:
17.35.010 Complete application.
17.35.020 Review process and timing.
17.35.030 Final plat revisions.
17.35.040 Features to be shown on final plat.
17.35.060 Outstanding obligations.
17.35.080 Signing and recording of final plat.
17.35.090 Expiration of approval.
Prior legislation: Ords. 66, 1999-1, 2008-, 2016-09 and 2021-13.
17.35.010 Complete application.
A final subdivision application shall not be considered complete, and the review cycle shall not begin, until the applicant has submitted the following items:
1. A completed final subdivision application as provided by the City.
2. A PDF file and full-size paper copy (if requested) of the final plat. The final plat must be prepared by a land surveyor or engineer, licensed to practice in the state of Utah, and certified on the plat. It must be drawn to a scale of not more than one inch equals 100 feet.
3. For conservation subdivisions:
a. Submit a draft of the conservation easement or other method of protection and preservation of conservation lands (FCC 17.60.045).
b. In the case of the HOA holding the conservation easement, submit a description of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for the conservation land, including restrictive covenants for the subdivision as required by FCC 17.60.050.
c. Submit a final draft of the maintenance plan (FCC 17.60.55).
4. For projects which include moderate income housing, submit a signed moderate income housing agreement in accordance with Chapter 17.55 FCC.
5. 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 final subdivision application is complete and has been accepted for review. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.020 Review process and timing.
1. Review Cycles. There shall be one review cycle. It 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 that 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 that addresses 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 final subdivision application, the Administrative Land Use Authority may require:
a. Additional information relating to an applicant’s submittals to ensure compliance with City ordinances; and
b. Modifications to submittals that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
4. Timing. No later than 30 business days after the City determines a complete application was submitted, the applicant shall receive the Administrative Land Use Authority’s response.
5. Public Hearing. No public hearings shall be held for final 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.
6. Approval. If a final subdivision application complies with the applicable City ordinances, including the requirements of this title and FCC Title 18 and the preliminary subdivision approval, the Administrative Land Use Authority shall approve the final subdivision application.
7. Request for Decision or Appeal. If 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 final 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 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. The Administrative Land Use Authority must respond to this request within 10 business days after the day on which the request is received.
8. Notify Geospatial Resource Center. Within 30 days after approving a final plat, the municipality shall submit an electronic copy of the final approved plat to the Utah Geospatial Resource Center for inclusion in the unified statewide 911 emergency services database. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.030 Final plat revisions.
All revision dates must be shown as well as notation of any self-imposed restrictions. If any revision is included on the final plat which was not present on the preliminary plat or a requirement of approval by the Administrative Land Use Authority, it is the applicant’s responsibility to inform the City of the changes. Failure to inform the City of revisions not present on the preliminary plat or a requirement of approval may result in a decision to deny the final subdivision application. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.040 Features to be shown on final plat.
The following list of features is intended to be as complete as possible. However, the applicant is responsible for including all features required by this title and FCC Title 18.
The final plat shall comply in all respects with the preliminary plat, as approved. The final plat shall be drawn to scale no smaller than one inch equals 100 feet and, at a minimum, shall show the following:
1. All the requirements of the preliminary plat.
2. Blocks for the names and stamps of the engineer and/or surveyor of the subdivision. An owner’s dedication block.
3. Signature lines for the Mayor, Planning Commission Chair, City Engineer, City Attorney, current South Summit Fire District, South Summit School District, utility companies, applicable irrigation company(ies) and other signatures required by the Administrative Land Use Authority.
4. A boundary description. All existing survey monuments and survey monuments to be installed with the construction of the subdivision shall be shown and properly labeled and referenced.
5. All easements of record shall be shown on the final plat.
6. All lot numbers and addresses. All bearings, distances, and curve data for all lot lines, street center lines, right-of-way lines, etc.
7. All public utility easements as required by the Administrative Land Use Authority.
8. A vicinity map showing the location of the subdivision in relationship to the City.
9. Any notices to purchasers required by the Administrative Land Use Authority.
10. Dedicate a cluster mailbox sight on plat map.
11. Any notes required by the City Engineer. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.050 Dedications.
At the time of final plat approval, all dedications shall be completed, accompanied by all formal irrevocable offers of dedication to the public of all required streets, public uses, utilities, parks, and easements, in a form approved by the City Attorney. A title report issued no more than 30 calendar days prior to recording the plat shall accompany the submitted final mylar plat. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.060 Outstanding obligations.
At the time of recording the plat, the applicant shall provide a report from the County Treasurer showing evidence that all property taxes are current and that no other debts or obligations are outstanding and no liens are placed on the property. Furthermore, all review fees owed to the City shall be paid in full prior to final subdivision approval. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.070 Vested rights.
Vesting for purposes of zoning occurs upon the filing of a complete application as provided in FCC 18.05.130. All requirements, conditions, or regulations adopted by the Planning Commission and City Council applicable to the subdivision or to all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the final plat. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.080 Signing and recording of final plat.
The Chair of the Planning Commission and the Mayor, and all others required by City code, will sign a reproducible mylar original of the final plat. It shall be the responsibility of the City Recorder to file the original mylar plat with the County Recorder within 30 calendar days of the date of signature. (Ord. 2024-10 § 1 (Exh. A), 2024.)
17.35.090 Expiration of approval.
Any plat not recorded within two years of final approval by the Administrative Land Use Authority shall be null and void, and the developer shall be required to resubmit a new preliminary subdivision application subject to all new review requirements, zoning restrictions and subdivision regulations that may be in effect.
The City Council may, in its sole discretion, grant the applicant an extension of this deadline, for good cause shown, if application is made prior to expiration of the deadline. The City Council may condition its granting of the extension on specific requirements set by the City Council in its sole discretion. (Ord. 2024-10 § 1 (Exh. A), 2024.)