CHAPTER 3
COMMERCIAL AND INDUSTRIAL SUBDIVISIONS Revised 10/24
Sections:
Article 1 GENERAL COMMERCIAL AND INDUSTRIAL SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS
14-3-101 Applicability. Revised 10/24
14-3-102 Definitions. Revised 10/24
14-3-104 General Procedure. Revised 10/24
14-3-105 Preapplication Meeting. Revised 10/24
14-3-106 Preliminary Plan. Revised 10/24
14-3-107 Final Plat Approval. Revised 10/24
Article 1 GENERAL COMMERCIAL AND INDUSTRIAL SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS
14-3-101 Applicability. Revised 10/24
(1) This Article applies to land use decisions arising from subdivision applications for multi-family, condominium, commercial, and industrial development.
(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 reviewing land use applications for zoning or other land use regulation approvals.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-3-102 Definitions. Revised 10/24
“Administrative land use authority” means an individual, board, or commission appointed or employed by Springville City, including the staff.
(1) “Administrative land use authority” does not include the Springville Planning Commission, City Council or a member of the City Council.
“Commercial subdivision improvement plans” means the civil engineering plans associated with the required infrastructure and municipally controlled utilities required for a multi-family, commercial, or industrial subdivision.
“Commercial subdivision ordinance review” means review by the city to verify that a multi-family, condominium, commercial, or industrial subdivision land use application meets the criteria of the City’s commercial and industrial subdivision ordinances.
“Commercial subdivision plan review” means a review of the applicant’s multi-family, condominium, commercial, or industrial subdivision improvement plans and other aspects of the commercial subdivision land use application to verify that the application complies with municipal ordinances and applicable standards and specifications.
“Review cycle” means the occurrence of:
(1) The applicant’s submittal of a complete commercial subdivision land use application;
(2) The City’s review of that commercial subdivision land use application;
(3) The City’s response to that commercial 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.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-3-103 Designation of a Single Administrative Land Use Authority for Review and Approval of Preliminary and Final Commercial 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)
14-3-104 General Procedure. Revised 10/24
(1) Classification of Subdivisions. Before any land is subdivided, 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)
14-3-105 Preapplication Meeting. Revised 10/24
Before preparing a concept plan for a commercial subdivision, the applicant may request a preapplication meeting with the Community Development Department to discuss the procedure for approval of a subdivision plan regarding zoning requirements and to review a concept plan. As relevant to the proposed commercial subdivision, the 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 commercial subdivision with those officials who must eventually approve those aspects of the 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.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-3-106 Preliminary Plan. Revised 10/24
(1) Submission and Determination of Completeness. The purpose of the preliminary plan is to prepare a complete and detailed set of commercial subdivision plans that meet the requirements detailed in the Commercial Subdivision Preliminary Plan Checklist. 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).
(2) 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 Planning Commission. Otherwise, the application will be returned to the applicant for appropriate modification. The application should not proceed to the Planning Commission if it does not meet the requirements of City ordinances and standards. However, the DRC may forward applications to the Planning Commission subject to variances, waivers, modifications or amendments being made by the appropriate body.
(3) Upon review by the DRC and determination that the item shall be considered by the administrative land use authority.
(4) The administrative land use authority shall review the completed application, along with comments from the DRC and the planning staff report. The authority may then approve, conditionally approve or deny the application request.
(a) The preliminary plan shall be approved if it complies 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 an application for preliminary plan; provided, that reasons for the denial are stated. Preliminary plan approval may be denied for any of the following reasons:
(i) There is insufficient evidence to establish that the applicant either owns or has authority to represent the owners of all of the property included on the preliminary plan; or
(ii) Issues associated with property gaps overlaps or other property disputes which affect the property contained within the preliminary plan; or
(iii) The preliminary plat does not comply with all of the applicable City ordinances and standards.
(5) 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 consider amendments to the preliminary plat. Consideration of amendments will be limited to the proposed amendment. Community Development Department 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.
(6) 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 action on the final plat for the most recent phase.
(7) Preliminary plan approval does not result in any vested right to develop the property.
(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)
14-3-107 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 which 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 the administrative agenda. Once the application is determined complete by the staff, the applicant shall submit:
(a) All fees.
(b) The completed application form.
(c) All items listed on the Commercial and Industrial Subdivision Checklist.
When all materials and fees are submitted, the request will be scheduled for Development Review Committee (DRC). Applications are scheduled on a first come, first served basis and space is limited.
(2) The final plat and improvement drawings shall include all required elements listed on the Commercial and Industrial Subdivision Checklist and Application as adopted by the City Council:
(a) Prior to the preconstruction meeting, the developer will make copies of plans for the meeting from the approved and signed check set. When changes need to be made to a check set, revise the affected sheets only and return the revised sheets to the City for approval and signatures. Copies of the revised sheets will be distributed only after approval and signatures given. Copies for the preconstruction meeting must be made prior to the preconstruction meeting being scheduled. Any/all construction documents used in the field will be a copy of the approved check set with the approval stamped, signed and dated on the front cover.
(b) Documents evidencing the ability to tender water rights, any property or easements to Springville City.
(c) Proposed development agreement, if applicable.
(3) DRC Review. The DRC shall review all applications to determine whether corrections have been made in accordance with preliminary plan application approval and conformance with all applicable City ordinances and standards. If the final plat is determined to meet City ordinances and standards, the DRC will forward the application to administrative land use authority. Otherwise, the application will be returned to the applicant for appropriate modification. In no case shall the application proceed to the administrative land use authority if it does not meet the requirements of City ordinances and standards. However, the DRC may forward applications to the Planning Commission subject to variances, waivers, modifications or amendments being made by the appropriate body.
(4) In reviewing the final plat, City staff will consider the items listed below:
(a) The Community Development Director or the Director’s designee shall determine whether the submitted plat complies with the approved preliminary plan application and conditions of approval, along with the applicable City ordinances affecting the subdivision of land.
(b) The City Engineer shall:
(i) Review and approve the improvement drawings and quantity estimates for construction of the improvements. The improvements shall be approved when the City Engineer determines that the proposed improvements are in accordance with the requirements of this Title, the adopted engineering standards and specifications of Springville City and any applicable conditions of preliminary plan approval;
(ii) Verify that the drawings of streets, easements, storm detention facilities and other improvements comply with the requirements of this Title, engineering standards and specifications, and conditions of preliminary approval;
(iii) Verify that the boundary descriptions are correct;
(iv) Verify existing easements of record; and
(v) Verify submission and approval of any financial guarantees, deeds, conveyances or other agreements required for final approval and recordation.
(c) The City Attorney shall:
(i) Review the language and forms on the plat to assure compliance with the requirements of Springville City and appropriately addresses the requirements of the administrative land use authority;
(ii) Review any financial guarantees, deeds, conveyances or other agreements for final approval and recordation;
(iii) Review any required declaration of conditions, covenants and restrictions to be recorded with the plat to ensure their consistency with the plat and they are in conformance with applicable City ordinances and standards;
(iv) Verify creation of any required homeowners association;
(v) Review the current title report and verify, prior to signing and recordation of the plat by the mayor, that:
(A) The owner’s dedication is properly executed by all of the owners of the subject property;
(B) Easements of record are reflected on the final plan; and
(C) The owner’s dedication is free of liens or encumbrances.
(5) Effective Period of Recommendation of Approval. The recommendation of final plat shall be effective for a period of ninety (90) days from the date of the action of recommended approval.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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)