CHAPTER 2
SUBDIVISION APPLICATION AND APPROVAL PROCESS FOR SINGLE-FAMILY, TWO (2) FAMILY AND TOWNHOME DWELLINGS ONLY Revised 10/24
Sections:
Article 1 GENERAL SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS FOR SINGLE-FAMILY, TWO (2) FAMILY AND TOWNHOME DWELLINGS ONLY
14-2-101 Applicability. Revised 10/24
14-2-102 Definitions. Revised 10/24
14-2-104 General Procedure. Revised 10/24
14-2-105 Preapplication Meeting. Revised 10/24
14-2-106 Establishment of Process and Application for Preliminary Subdivision Application. Revised 10/24
14-2-107 Establishment of Process and Application for Final Subdivision Application. Revised 10/24
14-2-108 Specific Review Cycle Process for Review of Preliminary and Final Applications. Revised 10/24
14-2-109 Final Plat Approval. Revised 10/24
14-2-110 Concurrent Processing of the Final Subdivision Application With the Preliminary Subdivision Application. Revised 10/24
Prior legislation: Ord. Nos. 1-03, 6-03, 28-05, 12-2012, 05-2014 and 21-2017.
Article 1 GENERAL SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS FOR SINGLE-FAMILY, TWO (2) FAMILY AND TOWNHOME DWELLINGS ONLY
14-2-101 Applicability. Revised 10/24
(1) This Article applies to land use decisions arising from subdivision applications for single-family dwellings, two (2) family dwellings, or townhomes.
(2) This Article does not apply to land use regulations adopted, approved or agreed upon by the Springville City Council exercising land use authority in the review of land use applications for zoning or other land use regulation approvals.
(3) The review cycle restrictions and requirements of this Article do not apply to the review of single-family dwellings, two (2) family dwellings, or townhome subdivision applications affecting property within identified geological hazard areas under the Springville City Code.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-102 Definitions. Revised 10/24
“Administrative land use authority” means an individual, board, or commission, appointed or employed by Springville City, including the staff or the planning commission.
(1) Administrative land use authority” does not include the Springville City Council or a member of the City Council.
“Review cycle” means the occurrence of:
(1) The applicant’s submittal of a complete subdivision land use application;
(2) The City’s review of that subdivision land use application;
(3) The City’s response to that subdivision land use application, in accordance with this Section; and
(4) The applicant’s reply to the City’s response that addresses each of the municipality’s required modifications or requests for additional information.
“Subdivision improvement plans” means the civil engineering plans associated with required infrastructure and municipally controlled utilities required for a subdivision.
“Subdivision ordinance review” means review by the City to verify that a subdivision land use application meets the criteria of the City’s subdivision ordinances.
“Subdivision plan review” means a review of the applicant’s subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with municipal ordinances and applicable standards and specifications.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-103 Designation of a Single Administrative Land Use Authority for Review and Approval of Preliminary and Final Subdivision Applications. Revised 10/24
The Springville Community Development Director, or their designee, shall act as the administrative land use authority for review and approval of preliminary and final subdivision applications.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-104 General Procedure. Revised 10/24
(1) Classification of Residential Subdivisions. Before any land is subdivided for residential purposes, the owner of the property to be subdivided, or the owner’s authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which includes one (1) step for minor subdivisions and two (2) steps for subdivisions:
(a) Minor Subdivision.
(i) Preliminary plan;
(b) Subdivision.
(i) Preliminary plan;
(ii) Final plat.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-105 Preapplication Meeting. Revised 10/24
Before preparing a preliminary plan for a residential subdivision, the applicant may request a preapplication meeting prior to application submission with the Community Development Department to discuss the procedure for approval of a subdivision plan with regard to zoning requirements and to review a concept plan. As relevant to the proposed subdivision, general layout of streets and required reservation of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the general availability of existing services will also be discussed. The applicant will then be advised, when appropriate, to discuss the proposed residential subdivision with those officials who must eventually approve those aspects of the residential subdivision plat for which they have responsibility. The Director may also request other members of the Development Review Committee to be present to provide early assistance to the applicant.
(1) If an applicant requests a preapplication meeting, the Community Development Director, or their designee, shall schedule the meeting to review the concept plan and give initial feedback within fifteen (15) business days after the request is made.
(2) At the preapplication meeting, the staff shall provide or have available on the City website the following:
(a) Copies of applicable land use regulations;
(b) A complete list of standards required for the project;
(c) Preliminary and Final Application Checklists; and
(d) Feedback on the concept plan.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-106 Establishment of Process and Application for Preliminary Subdivision Application. Revised 10/24
(1) Preliminary Subdivision Application. The application for preliminary subdivision applications and materials can be found on the City’s website and at the City office. These materials include provisions for:
(a) The owner’s affidavit;
(b) An electronic copy of all plans in PDF format;
(c) The preliminary subdivision plat drawings; and
(d) A breakdown of fees due upon application.
(2) Review Process and Timing.
(a) The administrative land use authority may complete a preliminary residential subdivision application review in a public meeting or at a municipal staff level.
(b) The administrative land use authority may:
(i) Receive public comment; and
(ii) Hold no more than one (1) public hearing.
(c) No later than fifteen (15) business days after the day on which an applicant submits a complete application, Springville City shall complete a review of the applicant’s preliminary subdivision and use application for a residential subdivision for single-family dwellings, two (2) family dwellings, or townhomes, including subdivision improvement plans.
(d) In reviewing the preliminary subdivision land use application, the City may require:
(i) 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
(ii) Modifications to plans that do not meet current ordinances, applicable standards or specifications or do not contain complete information.
(3) The City’s request for additional information or modifications to plans under subsection (2)(e)(i) or (2)(e)(ii) of this Section shall be specific and include citations for all City ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-107 Establishment of Process and Application for Final Subdivision Application. Revised 10/24
(1) Final Residential Subdivision Application. The application for final subdivision application and materials can be found on the City’s website and at the City office.
(2) Review Process and Timing.
(a) No later than twenty (20) business days after the day on which the applicant submits a complete application, the municipality shall complete a review of the applicant’s final subdivision land use application for a residential subdivision for single-family dwellings, two (2) family dwellings, or townhomes including all subdivision plan reviews.
(b) In reviewing the final subdivision land use application, the City may require:
(i) The additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and
(ii) Modifications to plans that do not meet current ordinances, applicable standards, or specifications or do not contain complete information.
(c) The City’s request for additional information to plans under subsection (2)(b)(i) or (2)(b)(ii) of this Section shall be specific and include citations for all City ordinances, standards, or specifications that require the modifications to plans and shall be logged in an index or requested modifications or additions.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-108 Specific Review Cycle Process for Review of Preliminary and Final Applications. Revised 10/24
Springville City requires the following review cycles with no more than four (4) in total permitted for final application:
(1) Preliminary Plan.
(a) Purpose and Application. The purpose of the preliminary plan is to prepare a complete and detailed set of subdivision plans that meets the requirements detailed in the Residential Subdivision Preliminary Plan Checklist and Application as adopted by the City Council.
(b) Submission and Determination of Completeness. The Community Development Department shall review the preliminary plan to determine the completeness of the application. All information required in the application along with all required application fees shall be provided prior to scheduling the item for the Development Review Committee (DRC).
(c) Determination of Completeness. The preliminary plan shall be reviewed by the Community Development Department to determine the completeness of the application. An incomplete application shall not be accepted. Completed applications shall be forwarded to members of the Development Review Committee.
(d) DRC Review. The DRC shall review all applications to determine conformance with all applicable City ordinances and standards. If the preliminary plan is determined to meet City ordinances and standards, the DRC will forward the application to the administrative land use authority. Otherwise, the application will be returned to the applicant for appropriate modification. The application should not proceed to the administrative land use authority if it does not meet the requirements of City ordinances and standards as listed in the Subdivision Preliminary Plan Checklist as adopted by the City Council. However, the DRC may forward applications to the Planning Commission subject to variances, waivers, modifications or amendments being made by the appropriate body.
(e) Upon review by the DRC and determination that the item shall be considered by the administrative land use authority, the item shall be noticed in compliance with Title 52, Chapter 4, Part 102, Utah Code Annotated 1953.
(2) Subject to subsection (2)(a) of this Section, unless the change or correction is necessitated by the applicant’s adjustment to a plan set or an update to a phasing plan that adjusts infrastructure needed for the specific development, a change or correction not addressed or referenced in plan review is waived.
(a) A modification or correction necessary to protect public health and safety or to enforce a state of federal law may not be waived.
(3) If an applicant makes a material change to a plan set, the City has the discretion to restart the review process at the first review of the final application, but only with respect to the portion of the plan set that the material changes substantively effects.
(4) If an applicant does not submit a revised plan within twenty (20) business days after the notice of a required modification or correction, the City shall have an additional twenty (20) business days to respond to the plans.
(5) After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the City’s previous review cycle, the City may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.
(6) (a) In addition to the revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant’s revisions and reasons or declining to make revisions, if any.
(b) The applicant’s written explanation shall be comprehensive and specific including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.
(c) If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle by the City may not begin until all comments are addressed.
(7) If on the fourth or final review the City fails to respond within twenty (20) business days, the City shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received:
(a) For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Section 10-9a-508(5)(d) et seq., Utah Code Annotated 1953, to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the City, the panel shall consist of the following three (3) experts:
(i) One (1) licensed engineer designated by the City;
(ii) One (1) licensed engineer designated by the land use applicant; and
(iii) One (1) licensed engineer, agreed upon and designated by the two (2) designated engineers as appointed in subsections (7)(a)(i) and (7)(a)(ii) of this Section;
(b) A member of the panel assembled by the City under subsection (7)(a) of this Section may not have an interest in the application that is the subject of the appeal;
(c) The land use applicant shall pay:
(i) Fifty percent (50%) of the cost of the panel; and
(ii) The City-published appeal fee; or
(d) For a dispute arising from the residential subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the Board of Adjustment.
(8) Amendments to Preliminary Plans. At any time after preliminary plan approval and before submission of a final plat, the applicant may request that an amendment be made in the approval of the preliminary plat. The Community Development Department may agree to proposed amendments. Consideration of amendments will be limited to the proposed amendment. The administrative land use authority may approve or disapprove the proposed amendment and may make any modifications in the terms and conditions of preliminary plan approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the administrative land use authority, the applicant may withdraw the proposed amendment. No more than two (2) amended plans, whether major or minor, may be proposed for any approved preliminary plan.
(9) Effective Period of Preliminary Approval.
(a) Nonphased Subdivisions. The approval of a preliminary plan application shall be effective for a period of one (1) year from the time that approval is granted. The effective period of preliminary approval may be extended for more than a year when a final plat for the subdivision is submitted prior to one (1) year, but only for the amount of time that the final plat is under review. If a final plat is not approved or if the approval of the final plat expires prior to recording the subdivision, the preliminary plan also expires, unless the preliminary plan approval was less than one (1) year prior to the action on the final plat.
(b) Phased Subdivisions. The approval of a preliminary plan application shall be effective for a period of one (1) year from the time that approval is granted.
First Phase. The effective period of preliminary approval may be extended for more than a year when a final plat for the first phase of the subdivision is submitted prior to one (1) year from the original preliminary plan approval, but only for the amount of time that the final plat is under review. If the final plat for the first phase is not approved or if the approval of the final plat expires prior to recording the subdivision, the preliminary plan also expires, unless the preliminary plan approval was less than one (1) year prior to the action on the final plat for the first phase.
Subsequent Phases (After the First Phase). The effective period of preliminary approval may further be extended when a final plat for any subsequent phase of the subdivision is submitted prior to one (1) year of the recording of the most previous phase of the subdivision and for the time that the final plat of the most recent phase is under consideration. If the final plat for the most recent phase is not approved or if the approval of the final plat expires prior to recording the most recent phase of the subdivision, the preliminary plan for the remainder of the unrecorded portion of the subdivision also expires, unless recording of the previous phase was less than one (1) year prior to the action on the final plat for the most recent phase.
(10) Preliminary plan approval does not result in any vested right to develop the property.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-109 Final Plat Approval. Revised 10/24
(1) Submission. Following approval of the preliminary plan by the administrative land use authority, the applicant may submit an application for final plan approval. The purpose of the final plat is to prepare a complete and detailed subdivision plat that addresses the issues included in the preliminary plan review and approval and meets the requirements that follow in preparation for recording the subdivision plat with the Utah County Recorder’s Office. All information required in the application shall also be provided prior to scheduling the item for review by the DRC. Once the application is determined complete by the staff, the applicant shall submit:
(a) All fees.
(b) The completed application form.
(c) All documents as required and described in the Final Plat Checklist as adopted by the City Council.
(2) The administrative land use authority shall review the completed application, along with comments from the DRC. The administrative land use authority may then approve, conditionally approve or deny the application request.
(a) The administrative land use authority shall grant approval of the final plat application if it complies with preliminary plan approval and is in conformity with all applicable City ordinances and standards, and there is no need to attach any conditions to the approval. The administrative land use authority may impose conditions upon its approval if it finds that such conditions are reasonably necessary to meet the requirements of this Title.
(b) The administrative land use authority may deny the final plat for either of the following reasons:
(i) The final plat does not comply with the preliminary plat approval; or
(ii) The final plat does not comply with all of the applicable City ordinances and standards.
(3) Minor Corrections to Final Plat Map. The City Engineer may approve minor changes to approved final plats before the plat is recorded if the Engineer finds that the proposed changes do not jeopardize the interests of the City or adjoining property owners. Examples of minor changes contemplated by this Section include legal descriptions mistakes, minor boundary changes and items that should have been included in the original final plat.
(4) Required Submissions. After making all required revisions, the subdivider shall submit the final plat, which plat shall be certified by a professional engineer or land surveyor, and properly executed and acknowledged by all owners of the property and any other parties required for recordation. Additionally, all required bonds, fees, water rights and necessary documents shall be provided prior to recording.
(5) Signing and Recordation of Final Plat. The executed plat shall then be submitted for the signature of the City Engineer, followed by the City Attorney and then forwarded to the Mayor for the final signature on the plat. The final plat, bearing all official approvals as required in this Section, shall be recorded and filed in the office of the Utah County Recorder and the office of the Springville City Recorder.
(6) Effective Period of Final Approval. Submission of the executed plat and all required submissions must occur within six (6) months of approval. The construction of all subdivision improvements shall be completed pursuant to the time period allowed pursuant to Section 14-5-101. In the event that the subdivision improvements are not installed within the time period allowed under Section 14-5-101, final approval of any unrecorded plat expires.
(7) Overall Compliance With Requirements. All property shall be developed in strict compliance with the approved final plat, plans, the approved construction drawings, the City’s development standards and specifications and all notes, restrictions, covenants, dedications, boundaries and other commitments shown on the approved plan and/or final plat. Failure to note any improvement required by this Title on the preliminary plan, final plat or the construction drawings shall not eliminate the developer’s responsibility to complete the improvement or meet the obligation required for the subdivision.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-2-110 Concurrent Processing of the Final Subdivision Application With the Preliminary Subdivision Application. Revised 10/24
(1) The City shall review and approve or deny a final subdivision plat application in accordance with the provisions of this Section and municipal ordinances which provide for or permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application. Final subdivision review cycle restrictions will apply to concurrent processing applications. For the review for concurrent processing, the City may not require Planning Commission or City Council approval and must concur with Section 14-2-107. The following items are required for a combined application:
(a) All information listed in the Residential Subdivision Preliminary Plan Checklist and Application; and
(b) All information listed in the Residential Subdivision Final Plan Checklist and Application.
(2) Review Process. The review process for concurrent review of the preliminary and final plan shall follow the process detailed in Section 14-2-108.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)