Chapter 17.20
SUBDIVISION PROCEDURES
Sections:
17.20.010 Subdivision procedures.
17.20.030 Preliminary plan application.
17.20.040 Preliminary plan supplemental documents.
17.20.060 Required improvements.
17.20.070 Minimum design standards.
17.20.080 Minimum standards – Streets.
17.20.090 Minimum standards – Lots and blocks.
17.20.100 Minimum standards – Fire hydrants.
17.20.110 Minimum standards – Public sites and open spaces.
17.20.120 Minimum standards – Monuments.
17.20.130 Minimum standards – Common areas and facilities.
17.20.140 Developer and town of Manila shared costs.
17.20.150 Security for completion of improvements.
17.20.180 Review of constitutional taking issues.
17.20.010 Subdivision procedures.
A. The subdivision of land shall be accomplished in accordance with the procedures provided in this chapter. Prior to the processing of the subdivision, the subdivider shall make a reasonable effort to consult informally with property owners of record adjoining or within 100 feet of the proposed subdivision and the town’s staff. No fee shall be required for such review or discussions of any plans or data concerning the proposed subdivision, prior to the sketch plan review. The town shall not be bound by virtue of any discussions during the informal review stage.
B. The proposal shall be consistent with the town standards and will be reviewed considering the following at a minimum:
1. Conformance with the master plan and zoning regulations;
2. Relationship of development to topography, soils, drainage, flooding, potential natural hazard areas and other physical characteristics;
3. Availability of water, means of sewage collection and treatment, access and other utilities and services;
4. Compatibility with the natural environment, wildlife, vegetation and unique natural features.
C. A subdivider who does not intend to proceed presently with full development of all the tracts involved shall nevertheless submit a phased development preliminary plat for the entire tract showing his present plans for its eventual development.
D. Following informal review when applicable, 10 copies of the preliminary plat on 11-inch by 17-inch paper along with a preliminary subdivision application, with fees as established by town resolution, and all required supplemental information as provided below, shall be submitted for planning commission review. [Ord. 8-12-04 § VIII.]
17.20.020 Preliminary plan.
A preliminary plan shall include the following:
A. A location map, of approximately four inches by four inches, showing the project location in relation to the town of Manila, with appropriate reference to significant roads or highways.
B. A detailed map showing property boundaries of the subdivision, including the location of the nearest U.S. Survey or county corner monument, north arrow and date. The scale of the map shall not be less than one inch equals 200 feet. The map shall include the name of the subdivision, name of the county, township, range, section and quarter section. The map shall further indicate zoning and land use of all lands within 300 feet of any property boundary owned by or under option to the subdivider. A title box shall be located in the lower right corner of the map. In the case of large subdivisions requiring more than one sheet at such a scale, an index map showing the total area on a single sheet shall also be submitted.
C. A conceptual drawing of the lot and street layout indicating the approximate area and number of individual lots and access to the property.
D. Significant natural and manmade features on the site, such as natural drainage ways, wetlands, vegetation types including locations of timber or wooded areas, wildlife habitats, existing buildings, utility lines and easements, irrigation ditches, and existing development on adjacent property.
E. Total acreage of the tract.
F. Type and layout of all proposed infrastructure including streets, utilities, water and sewer systems, and impact on existing systems.
G. Public use areas proposed to be dedicated to the public, and the purpose of the dedication, and their relationship to existing public use areas.
H. Existing site problems or peculiarities, such as areas of poor drainage, existing flood plains, geological hazards and seepage water.
I. Existing and proposed storm water discharge facilities pertaining to the property.
J. Plans for the water system and fire protection system showing locations, grade, pipe size, valves, fire hydrants and connection points to the existing system.
K. Plans for the proposed sanitary sewer system showing location, grade, pipe sizes and invert elevations, and the connection points to the existing system.
L. The proposed name of the subdivision. No duplication of subdivision names within Daggett County shall be permitted. [Ord. 8-12-04 § VIII.]
17.20.030 Preliminary plan application.
The application shall include, but not be limited to, the following information pertaining to the proposed subdivision (this information may be provided in a narrative format):
A. Documented availability of source of waters to supply subdivision requirements.
B. Documented availability of means for sewage disposal.
C. Availability of electricity, natural or propane gas, and other utilities necessary or proposed to serve the subdivision.
D. Access to the property. Off-street parking, school bus stop area(s) and mailbox location(s).
E. Total number of proposed dwelling units.
F. Demonstrated compatibility with natural features.
G. Names and addresses of all property owners of record adjoining or within 100 feet of the proposed subdivision. [Ord. 8-12-04 § VIII.]
17.20.040 Preliminary plan supplemental documents.
A. Disclosure of ownership, with supporting documentation from a title insurance company or attorney licensed in the state of Utah, which shall set forth a legal description of the property and title ownership of the property.
B. In the situation where the town’s or developer’s construction of subdivision improvements would be of financial benefit to subsequent subdividers, the original improvement provider may draft a protection agreement with the town, subject to approval by the town attorney for consideration by the planning commission (who must recommend the same to the town council and mayor). This agreement shall be made by the improvement provider (town of Manila) or a subdivider requesting repayment of construction fees in accordance with:
1. A prorated amount determined by the amount of improvement utilized.
2. A prorated amount established on an annual basis, decreasing the amount of fee to be reimbursed to the original developer with a timeframe not to exceed 10 years.
C. Payment of construction fees shall be from any new subdivision utilizing improvements provided for herein, when a protection agreement exists, and shall be paid prior to final plat approval of a new subdivision to the original improvement provider.
D. The maximum amount to be paid back to the original improvement provider shall not exceed 50 percent of the original construction costs.
E. Upon complete submittal of all required information and payment of fees, the town of Manila shall schedule the preliminary plat before the planning commission’s regularly scheduled meeting, who shall review and approve, or disapprove, or approve with modifications, the preliminary plat application. Normal review timeframe should not exceed 60 days. The subdivider shall attend and present the formal plat to the planning commission. The subdivider also shall ascertain that he or she has made application or provides proof of exemption with all the requirements of the Utah Uniform Sales Practices Act, Section 57-11-1, Utah Code Annotated 1953, as amended.
F. Preliminary plat approval shall remain in effect for a period of one year from date of approval.
G. The planning commission may consider extensions for reasons beyond the subdivider’s control. If the plat is disapproved, the reasons for such shall be included in the minutes of the planning commission meeting and provided in writing to the applicant. Appeal of preliminary plat decision shall be with the board of adjustment within 30 days of the planning commission’s decision.
H. The planning commission may provide advance notice to all property owners of record within 100 feet of the proposed subdivision. Notice can be hand delivered or deposited into the U.S. mail.
I. No construction of the required subdivision improvements shall commence until the town council gives approval of the final plat. [Ord. 8-12-04 § VIII.]
17.20.050 Final plat.
No land shall be subdivided, or any parcel thereof sold or conveyed, until a final plat has been approved in accordance with this section.
A. The submittal of final plats for approval must occur within two years of an approval of a related preliminary plat, unless development of the project in accordance with such preliminary plat has been pursued with due diligence, in which case the submittal period for final plat may be extended up to one year. In all cases, no final plat shall be approved if submitted beyond three years of approval of a related preliminary plat.
B. Building permits may be issued for any property with an approved preliminary plat, but no certificate of occupancy shall be issued until a final plat is approved and recorded.
C. Ten copies of the final plat shall be submitted to the town on 11-inch by 17-inch paper for review, along with five copies of all required supporting plans. Additionally, a 24-inch by 36-inch Mylar of the final plat shall also be provided. A filing fee as determined shall be submitted upon filing of the final plat. The Mylar of the final plat shall contain all elements required as a condition of preliminary plat approval and the following, all in forms acceptable to the town:
1. The total number of lots and lot numbers or letters.
2. Sufficient data to determine easily and reproduce on the ground the location of all monuments, and the bearing and length of every street line, boundary line, block line, lot line and building line, whether curved or straight, including the radius, central angle and tangent distance for the centerline of curved streets. Other curved lines shall show arc or chord distance and radius. All dimensions shall be to the nearest one-hundredth of a foot and all angles to the nearest second. The plat shall include at least two references to town GPS coordinates.
3. A certificate by a registered surveyor, attesting to the accuracy of the survey plat and placement of monuments, and compliance with the requirements of this title and state law.
4. A certificate of dedication for streets, easements and other property dedicated for public use, properly executed and notarized.
5. A certificate by a licensed professional engineer that the water, storm water and sewer systems are properly engineered, designed and constructed, and in compliance with all applicable requirements of the town and the state.
6. Separate certificate of approval of the plat by the town attorney.
7. A separate certificate of an attorney that title to the property is in the name of those parties executing the dedication, and that property dedicated to the town will be free and clear of all liens and encumbrances affecting marketability.
8. A separate certificate by the town clerk as to receipt of any security for the completion of improvements.
9. The name of the subdivision and the name, address and phone number of the subdivider, and his representative if applicable, said information to be included within a title box located on the lower right corner of the Mylar.
10. The name and license number of the surveyor preparing the plat, the date of the plat, said information to be included within a title box located on the upper right corner of the Mylar.
11. A certificate of recording to be executed by the county recorder.
12. The scale used, direction of true north, and basis of bearing.
13. A location map, of approximately four inches by four inches, showing the project location in relation to the town of Manila, with appropriate reference to significant roads or highways.
14. The location and ownership interest of all watercourses including ditches, and flood-prone areas; the location and names of streets, sidewalks, easements, utility lines, poles and towers, sewer lines, water lines, drains, culverts and other underground utilities and storm water drainage facilities.
15. The layout of all lots showing the building lines, dimensions and lot areas.
16. The layout and location of all parks, trails, recreation paths and open space.
17. The layout and location of the boundaries of the “base flood” (100-year flood) and floodway and base flood elevation data.
D. The final plat shall be accompanied by a computation showing closure of the tract boundary to one foot in 5,000 feet or better. The final plat and accompanying plans shall be drawn to a scale of not less than one inch equals 100 feet. If discrepancies are believed to exist, the town may have the plat checked by an independent registered surveyor at the subdivider’s expense.
E. The final plat may be submitted for a portion of the preliminary plat, or “phased,” subject to the following conditions:
1. All required improvements, utilities and road infrastructure must be accessible to the remaining aggregate of unsubdivided land or “outlot.”
2. In instances where completion of required improvements, utilities or road infrastructure within the outlot is determined by the town to be necessary as a condition of approval of that final plat, the developer shall be required to complete said improvements, utilities or road infrastructure upon approval of that final plat. This may include, but not be limited to, completion of necessary road infrastructure, storm water drainage system, trails and park development.
3. In instances where the dedication of land for public purposes within the outlot is determined by the town to be necessary as a condition of approval of that final plat, the developer shall be required to dedicate said lands upon approval of that final plat. This may include, but not be limited to, the dedication and development of lands for parks, trails, open space, rights-of-way and easements.
F. The final plat shall be accompanied by security for the completion of any uncompleted improvements in accordance with this title.
G. Accompanying the final plat shall be two copies of the “as-built” plans for sanitary sewers, storm sewers or drainage systems and the water and fire systems showing grades, pipe size, pipe types, outlets, connection points, and other information which the town may require along with as-built plans for all other utility systems. As-built plans for any improvements not completed at the time the final plat is submitted shall be submitted prior to inspection or approval of the improvements and release of any security.
H. The town council shall approve no final plat until:
1. All of the improvements required by this title have been installed, inspected by competent authority, or properly secured in accordance with the provisions of MMC 17.20.150 on forms approved by the town.
2. Two hard copies of as-built plans for completed utility improvements have been provided to the town. As-built plans for any improvements not completed at the time the final plat is submitted, and secured in accordance with MMC 17.20.150, shall be submitted prior to inspection or approval of the improvements and release of any security.
3. The final plat has been submitted in final form on a reproducible Mylar, with all requisite signatures.
4. Payment to the town of any costs incurred by the town within the subdivision review process, which costs are specifically subject to reimbursement.
I. Following final approval and execution by the town, the plat shall be recorded, with due diligence, by the county recorder at the developer’s expense. [Ord. 8-12-04 § VIII.]
17.20.060 Required improvements.
A. All subdivisions and improvements shall be in compliance with this title. All subdivisions shall be provided, at the expense of the subdivider, and subject to applicable zoning criteria, with the following public improvements as required to serve the subdivision and to mitigate its impacts:
1. Street Improvements.
a. Paved streets; includes all existing and new streets within the subdivision development. Not included in the paving requirements are existing streets which abut or border the perimeter of the subdivision;
b. Street signs;
c. On-site and off-site traffic mitigation improvements.
2. Public Utilities.
a. A water system including fire hydrants and fire mains;
b. A sanitary sewer system;
c. A storm water system;
d. Other public utilities, natural gas if available, electricity, telephone, and cable TV if available;
e. Survey monuments.
B. Other improvements required as a condition of approval and found to be roughly proportional to the impacts being mitigated. All property, improvements and easements dedicated to the town on any plat shall become the property of the town upon execution of the plat, free and clear of all mortgages, liens and encumbrances. All dedicated improvements shall be subject to the one-year warranty as provided below.
C. Following the completion of any required improvements and submission of the as-built plans, the building inspector shall conduct an inspection and if the improvements are in accordance with the requirements of these and other applicable regulations and construction standards shall issue a certificate of completion. For a period of one year thereafter, the subdivider shall be responsible for correcting all defects or failures which appear in such improvements. At the end of said one-year warranty period, the developer shall request of the building inspector a final inspection of the improvements, and upon approval, the town shall accept the improvements. The warranty shall continue, however, until such acceptance is provided in writing to the developer. [Ord. 8-12-04 § VIII.]
17.20.070 Minimum design standards.
A. All public improvements shall be constructed in accordance with the minimum standards set forth in MMC 17.20.080 and construction specifications and standards, and other applicable town ordinances or regulations. All public improvements shall be in substantial conformity with the preliminary plat as approved, and in accordance with good engineering and construction practices.
B. The planning commission may recommend to the town council a deviation from these standards during preliminary or final plat review, if and only if all of the below criteria are met. The council may accept or deny the recommendation accordingly.
1. Unusual topography or a hardship exists;
2. Alternative standards will more effectively protect the quality of the subdivision and the public welfare and more effectively achieve the purposes of these regulations. [Ord. 8-12-04 § VIII.]
17.20.080 Minimum standards – Streets.
A. The subdivider shall be required to make and install improvements to existing streets within and abutting the subdivision. The improvements do not include the requirement for street paving of the abutting streets. It shall be presumed that existing streets directly abutting the subdivision must be improved to current town standards in order to properly serve the subdivision.
B. Wherever topography will permit, the arrangement of the streets shall provide for alignment with and continuation of existing streets and adjoining areas.
C. Cul-de-sacs shall terminate in a circular turn-around having a minimum right-of-way of at least 100 feet in diameter and a paved turn-around with a minimum outside diameter of 80 feet. Cul-de-sacs shall be no longer that 500 feet, and at least 40 feet from intersections. Cul-de-sacs shall only be designed when topography will not allow the continuation of the street.
D. Whenever a new street is proposed along the edge of the subdivision, the entire street shall be dedicated and improved within the subdivision.
E. No more than two streets shall intersect at any point. Intersections shall be as near as practicable to 90 degrees. A street shall have a minimum straight distance of 100 feet from the intersection before it may be curved.
F. A straight section of 100 feet shall be provided between reverse curves on all streets.
G. All lots in the subdivision will have direct access to a dedicated street, subject to the following exception: private access drives, subject to town specifications, may be approved for subdivisions with a total of three or less units in the residential zoning district(s).
H. The length of local streets between intersections shall be subject to a maximum of 1,230 feet.
I. The town must approve street names.
J. Streets shall be developed in accordance with the town transportation plan. The minimum dedicated right-of-way shall be as follows:
|
Street Classification |
Minimum Right-of-Way |
Minimum Pavement Width |
|
Arterial |
80 feet |
48 feet |
|
Collector |
60 feet |
32 feet |
|
Local |
36 feet |
24 feet |
K. Subdivisions, which include any part of an existing platted street, which do not conform to the minimum right-of-way requirements of these regulations, may be required to provide additional width necessary to meet the minimum right-of-way requirements of these regulations.
L. No street shall be less than one-half of one percent or exceed the following maximum grade:
|
Street |
Maximum Percent Grade |
Minimum Radius of Curve |
Minimum Sight Distance** |
|
Arterial |
5% |
400 feet |
500 feet |
|
Collector |
8% |
300 feet |
300 feet |
|
Local |
8% |
100 feet |
100 feet |
|
**As measured between points four feet above the centerline of the street. |
|||
[Ord. 8-12-04 § VIII.]
17.20.090 Minimum standards – Lots and blocks.
A. In residentially zoned districts, blocks shall be wide enough to permit two lots between lengthwise streets.
B. The setback for residential lots shall be set back 70 feet from the centerline of the road or 25 feet from the front right-of-way, whichever is greater.
C. The setback on corner lots shall be set back 25 feet from both street front right-of-way lines.
D. Every lot shall front on a designated collector or local street, subject, however, to the following exceptions: private shared access drives accessing more than one dwelling unit may be allowable, subject to town approval, in subdivisions containing a total of three or less dwelling units in residential zoning districts.
E. No residential lot shall front on an arterial street. No access shall be permitted directly from a residential lot to an arterial street. [Ord. 8-12-04 § VIII.]
17.20.100 Minimum standards – Fire hydrants.
Fire hydrants shall be installed in all subdivision developments. Such fire hydrants shall be of a type, size, and number as approved by the town’s fire marshal. A fire hydrant shall be placed at the end of every cul-de-sac. [Ord. 8-12-04 § VIII.]
17.20.110 Minimum standards – Public sites and open spaces.
Where a proposed park, playground, school, or other public use shown in the general plan is located in whole or in part of a subdivision, the planning commission may require the dedication or reservation of such area within the subdivision in those cases in which the planning commission deems such requirements to be reasonable. [Ord. 8-12-04 § VIII.]
17.20.120 Minimum standards – Monuments.
Monuments shall be set in concrete and placed at all corners of all street intersections, at the intersections of the boundary of the subdivision with street right-of-way lines, at angle points and points of curve in each street and at points of change in direction of the exterior boundaries of the subdivision. The top of the monument shall have a metal cap set flush to identify the location. All lot corners shall be monumented with a minimum of a No. 5 rebar 18 inches in length and metal cap. [Ord. 8-12-04 § VIII.]
17.20.130 Minimum standards – Common areas and facilities.
All common areas and facilities shall conform with the provisions of the Condominium Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated 1953, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities. [Ord. 8-12-04 § VIII.]
17.20.140 Developer and town of Manila shared costs.
It is the intent of the town of Manila for developers to pay all costs associated with subdivision development improvements. [Ord. 8-12-04 § VIII.]
17.20.150 Security for completion of improvements.
If the subdivider wishes to have the final plat approved prior to the installation, inspection and approval of all required improvements, the subdivider must provide security to guarantee the completion of all improvements within two years after approval of the final plat in accordance with this section, and incorporated into the subdivision improvements agreement. Said security shall be in the form of a cash escrow deposited with the town or a clear irrevocable letter of credit in an amount to be verified by the town’s competent authority equal to 150 percent of the pro rata cost to complete the subdivision improvements necessary to serve that lot. Funds in any escrow account shall be returned to the subdivider upon the completion and acceptance by the town of the subdivision improvement(s).
The subdivider shall complete all improvements within two years of the approval of the final plat by the council. In the event that all required improvements are not completed, inspected and approved within two years of the date of the approval of the final plat by the council, no further building permits, occupancy permits, water taps or sewer taps shall be allowed by the town in such subdivision until such improvements are completed. It shall then be unlawful to sell any further lots in the subdivision until all improvements are completed.
The town council may authorize extensions of time to complete all improvements beyond the two-year limitation as set forth herein. [Ord. 8-12-04 § IX.]
17.20.160 Amended plats.
A. Amended plats may be submitted without a preliminary plat if they meet the below requirements. Five copies of the amended plat shall be filed with the town. A filing fee shall be submitted upon filing of the plat, which fee shall cover all administrative costs.
1. The plat, as amended, reduces the number of lots within the subdivision.
2. All lots or tracts are adjacent to a dedicated public street.
3. The lots are part of a subdivision plat, which has been approved and/or accepted by the town and recorded in the Daggett County records.
4. The improvements required by these regulations are already in existence and available to serve each lot, or secured.
5. Each lot will meet requirements of the applicable town zoning ordinance without the necessity for any variance and no variance has been granted. No material changes to prior plat notes, restrictions or easements are proposed.
B. The plat Mylar shall contain the same certifications as required on the final plat Mylar.
C. Upon the planning commission making a favorable recommendation to the council, the council may approve, disapprove or conditionally approve the amended plat. [Ord. 8-12-04 § X.]
17.20.170 Minor subdivision.
A divided parcel of land which meets all the requirements as defined herein is exempt from these subdivision procedures. [Ord. 8-12-04 § XI.]
17.20.180 Review of constitutional taking issues.
There is an underlying policy in the town favoring the careful consideration of matters involving constitutional taking claims in fairness to the owner of private property bringing the claim and in view of the uncertainty and expense involved in defending lawsuits alleging such issues. At the same time, the legitimate role of the town in lawfully regulating real property must be preserved and the public’s right to require the dedication or exaction of property consistent with the Constitution. Consistent with this policy, any owner of private real property who claims there has been a constitutional taking of private real property by application of this title shall request a review of a final decision of the town, pursuant to the procedures for the review of constitutional taking issues, as provided by the laws of the state of Utah and Manila Town. [Ord. 8-12-04 § XII.]